Declaration as Integrated IT Township/IT Parks

Section 38 of the Goa Information Technology Development Act, 2007 deals with declaration as Integrated IT Township/IT Parks. Notwithstanding anything to the contrary contained in any other law for the time being in force, the Government may, by notification in the Official Gazette, (a) declare an area which is- (1) earmarked as Integrated IT Township/IT Parks;

(1) Notwithstanding anything to the contrary contained in any other law for the time being in force, the Government may, by notification in the Official Gazette, (a) declare an area which is- (1) earmarked as Integrated IT Township/IT Parks; and (2) having adequate facilities in respect of power, roads, water supply, to benotified area;

(b) appoint the Corporation or any Officer or Committee thereof for the purpose of the assessment and recovery of any taxes when imposed as per the provisions made thereof;

(c) declare that the provisions of any law relating to local authorities providing for control or erection of buildings, levy and collection of taxes, fees and other dues to the local authority which is in force in that area shall cease to apply and thereupon such provisions shall cease to apply thereof:

Provided that the Municipalities and the Village Panchayats which were receiving house tax from the occupants in the Integrated IT Township/IT Parks under their respective laws, shall be compensated by the Government to the extent of the last financial year's collection of taxes for such period as may be determined by the Government which shall not be less than five years;

(d) make other provision as is necessary for the purpose of the enforcement of the provisions so provided to that area.

(2) Before the publication of a notification under sub-section (1), the Government shall cause to be published in the Official Gazette and also in at least one newspaper published in a language other than English and circulating in the area to be specified in the notification, and inviting from all persons who have any objections to the said proposal, to submit the same in writing with reasons therefore to the Government within two months from the date of publication of the proclamation in the Official Gazette.

(3) No such notification under sub-section (1) shall be issued by the Government, unless the objections, if any, so submitted under sub-section (2), are, in its opinion, insufficient or invalid. 5[38A. Development of notified area .- (1) Notwithstanding anything to the contrary contained in any other law for the time being in force, once a notification is issued under sub-section (1) of section 38 declaring an area to be a notified area, the Government may by notification in the Official Gazette, appoint a committee consisting of- (i) The Managing Director of the Corporation Chairperson;

(ii) Concerned Deputy Director of Directorate of Information Technology, Electronics and Communications, Government of Goa Member;

(iii) One member to be nominated by the Corporation from amongst the Directors of the Corporation Member;

(iv) an officer not below the rank of Deputy Town Planner to be nominated by the Government Member Secretary;

(v) Head of Engineering Section/Chief Engineer of the Corporation; Member;

(vi) an officer to be nominated by the Government of Goa Member;

(vii) An Architect to be nominated by the Corporation Member;

(viii) A person having shown capacity in industry or commerce, to be nominated by the Corporation Member. to decide and dispose of all applications for land development permissions and building construction, under all local or special laws including Goa Town and Country Planning Act, 1974 (Act 21 of 1975) and rules framed thereunder (hereinafter, in this section, referred to as the "said Act").

(2) The committee shall discharge all the functions of the Chief Town Planner, Town and Country Planning Department in a non planning area, and functions of the Planning and Development Authority in a planning area, under the laws in force.

(3) The committee shall have regard to the provisions of all local laws including any regional plan, outline development plan, comprehensive development plan or other plans prepared under the said Act.

(4) Notwithstanding anything to the contrary contained in any other law for the time being in force, permissions for any land development and building construction in a notified area shall be decided and disposed by the said Committee and the same shall be governed by the Goa Land Development and Building Construction Regulations, 2010.

(5) Any person aggrieved by the decision or order made by the committee, may prefer an appeal to the Goa Town and Country Planning Board. The provisions of section 45 of the said Act, and the rules framed thereunder, shall, mutatis mutandis, apply to such appeal].

Section 38, The Goa Information Technology Development Act, 2007 (Act 10 of 2007).