Tuesday, October 28, 2008

GOACAN Action Alert on the Goa Industrial Development (Amendment) Ordinance 2008

Greetings from GOACAN!

The Govt. of Goa through the Official Gazette Series 1 No. 27 Extraordinary, dated 3rd October 2008 costing Rs.1/- has announced an amendment to the Goa Industrial Development Act, 1965 (Act 22 of 1965). This Amendment is in the form of an Ordinancewhich has been promulgated by the Governor of Goa as the " Legislative Assembly of the State of Goa is not in session " and the Governor of Goa is "satisfied that circumstances exist " which render it necessary for him to take immediate action.

It is also interesting to note that this amendment to the Goa Industrial Development Act, 1965 (Act 22 of 1965) has come at a time when amendments have been made to 16 & 16A of the Town and Country Planning Act and the Regional Plan for Goa 2021 is yet to be finalised.

GOVERNMENT OF GOA
Department of Law & Judiciary
Legal Affairs Division
Notification 8/7/2008-LA
The Goa Industrial Development (Amendment) Ordinance, 2008 (Ordinance No. 7 of 2008), which has been promulgated by the Governor of Goa on 1st October 2008 is hereby published for general information of the public.

Sharad G. Marathe,
Joint Secretary (Law)
Porvorim
3rd Oct 2008

The Goa Industrial Development (Amendment)Ordinance, 2008 (Ordinance No. 7 of 2008)Promulgated by the Governor of Goa in the Fifty--ninth Year of the Republic of India. An Ordinance further to amend the Goa Industrial Development Act, 1965 (Act 22 of 1965). Whereas the Legislative Assembly of the State of Goa is not in session and the Governor of Goa is satisfied that circumstances exist which render it necessary for him to take immediate action.

Now, therefore, in exercise of the powers conferred by clause (1) of Article 213 of the Constitution of India, the Governor of Goa is pleased to promulgate the following Ordinance, namely:—

1. Short title and commencement.—
(1) This Ordinance may be called the Goa Industrial Development (Amendment) Ordinance, 2008.
(2) It shall come into force at once. Amendment of section 2.— In section 2 of the Goa Industrial Development Act, 1965 (Act 22 of 1965) (hereinafter referred to as the "principal Act"), for clause (e), the following clause shall be substituted, namely:—

"(e) "Development" with its grammatical variations, means the carrying out of building, engineering, quarrying, mining or other operations, in, on, over, or under land, or the making of any material change of any building or land, and includes re-development and"to develop" shall be construed accordingly".

3. Amendment of section 13.— In section 13 of the "principal Act", after clause (b), the following clause shall be inserted, namely:—

"(c) undertake mining and infrastructure for mining development and such other related activities within India subject to provision of law";

Dr. Shivinder Singh Sidhu
Governor of Goa.
Place: Raj Bhawan,
Dona Paula.
Date: 1-10-2008.

Series I No.27 Extraordinary - Page No. 971 Price Rs.1 Government Printing Press, Panaji - Goa

You can do the following:

1. Arrange to get this information to your Village Panchayat / Municipal Councils where mega projects are being planned so that the members / councillors can discuss the same immediately and take swift action to convene a Gram Sabha or Citizens Meet as the case may be.

2. Arrange to get this information to the various citizens & organisations in those villages & Talukas where IT Parks/ SEZ's/ New Industrial Estates / Mining Leases / Mega Housing & other Projects are proposed so that they can discuss the same and participate effectively in the Gram Sabha / Public Hearing / Citizens Meeting that may be organised.

3. Arrange to get a copy of the Goa Industrial Development Act, 1965 (Act 22 of 1965) and read & discuss the same to see in what way such an amendment could impact your village, Taluka and District.

4. Arrange to contact the print and visual media to carry news, features and interviews on the implications of such an amendment.

5. Arrange to write letters to the Editors of the various newspapers and magazines expressing your views on the need & urgency for such an Ordinance, the timing, the contents and the implications of the same.

So the time is come To SAVE GOA by MAKING DEMOCRACY WORK !!

To make the 73rd & 74th Constitutional Amendments effective in Goa !!

To participate in planning for sustainable development in Goa !!

To move ahead from being able to AGONISE to being able to ORGANISE !!

We are confident that you will do the needful and we would be grateful if you would inform us of what steps you have taken on this ACTIONALERT.

In solidarity,
best wishes,
Roland Martins
(Co-ordinator)
GOA CIVIC AND CONSUMER ACTION NETWORK
promoting civic and consumer rights in Goa
GOACAN Post Box 187 Margao, Goa 403 601
GOACAN Post Box 78 Mapusa, Goa
403 507
mail: goacan@bsnl.in

1 comment:

Dr. Ferdinando dos Reis Falcão. said...

Degradation of fertile, productive soil; polluting potable water from water table and wells, polluting residential environment water, air, noise, reckless traffic which are hazardous and harmful to health; are all part and parcel of mining industry. If these detrimental features corrupt residential areas and cultivatable land, It is contra “Biological Development” of humans, animals & plants. And it cannot be defined as “Development” by the English language. An “Ordinance will have to be passed to change the meaning of the English word “Development”; which is : “A process in which something passes by degrees to a different stage (especially a more advanced or mature stage)”.