Goa (Rajiv Gandhi IT Habitat-Cancellation/Abolition and Regulation of Allotment of Plots) Act, 2012
No: 21 Dated: Sep, 24 2012
Goa (Rajiv Gandhi IT Habitat-Cancellation/Abolition and Regulation of Allotment of Plots) Act, 2012
An act to provide for cancellation/abolition of allotment of all plots in the Rajiv Gandhi IT Habitat in the State of Goa, as specified in the Schedule to this Act and for declaration of such allotments as null and void and non-est in the eyes of law and to provide for refund of amounts paid by the allottees along with interest; with a view to regulate the Information Technology Habitat Centre and for the development of Information Technology Habitat, under the control of the Government of Goa; to provide for a new IT Habitat in the State of Goa and for matters connected and incidental thereto.
Be it enacted by the Legislative Assembly of Goa in the Sixty-third Year of the Republic of India, as follows:—
CHAPTER I
1. Short title and commencement.— (1) This Act may be called the Goa (Rajiv Gandhi IT Habitat– Cancellation/Abolition and Regulation of Allotment of Plots) Act, 2012.
(2) It shall come into force at once.
2. Definitions.— In this Act, unless the context otherwise requires,—
(a) “allottee” or “allottees” means the persons, companies, corporations, partnership firms or any other entity, who has/have executed a Lease Deed with the Info Tech Corporation of Goa Limited or in whose favour an Allotment Order has been issued by the Info Tech Corporation of Goa Limited for allotment of plot/plots at the Rajiv Gandhi IT Habitat, Dona Paula, Goa, and shall include those persons, companies, etc., who have availed of the benefits of the Special Incentive Scheme for Plot Allottees of Rajiv Gandhi IT Habitat, Dona Paula,‘ but shall not include those persons, companies etc., who have already surrendered their plots to the Info Tech Corporation of Goa Limited;
(b) “Government” means the Government of Goa;
(c) “Info Tech Corporation of Goa Limited” means the Info Tech Corporation of Goa Limited, a Government Company as defined under section 617 of the Companies Act, 1956 (Central Act 1 of 1956) and incorporated under the provisions of the said Act;
(d)“plot” means the sub-divided plot allotted by the Info Tech Corporation of Goa Limited to the Allottee either for setting up of Information Technology Software/Information Technology Enabled Service Industries or establishment of supporting facilities, like, residential buildings, restaurants, banks, malls, at the Rajiv Gandhi IT Habitat, Dona Paula, Goa.
CHAPTER II
Cancellation/Abolition of Allotments
3. Cancellation/Abolition of Allotments.— (1) From the date of commencement of this Act, the allotment of all and whatsoever plots made in favour of the allottees by the Info Tech Corporation of Goa Limited at the Rajiv Gandhi IT Habitat, Dona Paula, Goa, shall stand cancelled/abolished and the said plots shall be deemed to have been vested with the Info Tech Corporation of Goa Limited free from all claims, charges, encumbrances, liens, whatsoever, with immediate effect.
(2) Every allotment of plots specified in the Schedule to this Act, on and from the commencement of this Act, shall be deemed to have been cancelled/abolished and shall, with effect from that date, be deemed to have been nullified and all grants and matters concerning the allotment including permissions, clearances, no objection certificates, building and development permissions, licences, approvals, etc., obtained by the allottees under any law for the time being in force shall also stand nullified.
(3) Every allottee whose allotment of plot has been cancelled/ abolished as specified in this section shall be given by the Info Tech Corporation of Goa Limited, an amount equal to the amount of premium/lease rent/license fee paid by the allottee along with simple interest at the rate of ten percent per annum. The Info Tech Corporation of Goa Limited shall, however, not be liable or responsible, in any manner, in respect of the loans, dues, etc., if any, incurred/obtained by the allottees for procuring allotment of the said plots or in connection with the plots allotted.
(4) The Info Tech Corporation of Goa Limited shall, within a period of sixty days from the date of coming into force of this Act, refund to the allottees specified in sub-section (3), the premium, lease rent, license fee, security deposit, if any, installments, if any, paid to the Info Tech Corporation of Goa Limited by the said allottees till the date of such cancellation/abolition alongwith simple interest at the rate of ten percent per annum on the said amounts.
(5) Save as provided hereinabove, no other amounts or compensation of whatsoever nature, shall be claimable by any allottee in respect of any financial or other loss, damage, hardship, etc., caused to such allottee on account of the cancellation/abolition of allotment of plots under this section.
(6) Notwithstanding anything to the contrary contained in any other law for the time being in force, from the date of coming into force of this Act, all permissions, licenses, no objection certificates, clearances, approvals, etc., if any, obtained by an allottee from any statutory/Government authority/local authority for commencement of any works in respect of the said plots shall stand annulled forthwith and shall be of no effect.