OFFICIAL GAZETTE GOVT. OF GOA 855
SERIES I No. 28
( EXTRAORDINARY )
13TH OCTOBER, 2006
855
EXTRAORDINARY
GOVERNMENT OF GOA
Department of Mines
Directorate of Mines & Geology
___
Notification
DMG/SCHEME/LOAN/1781
Mining has been one of the important
economic sectors of the Goan economy. The
Supreme Court ban of Mining in Goa in
September, 2012 has resulted in stoppage of
all mining activities in the entire State. This
has resulted in financial distress for all the
stakeholders. The borrowers who availed
credit facilities, for acquisition of barges,
trucks, tippers and mining machinery/
/equipment operating in the mining sector,
from various Financial Institutions (Public,
Private, Co-operative Societies, NBFC’s and
EDC) have been unable to meet their
repayment commitments. The NPAs (Non-
-performing Assets) of the Banks/Financial
Institutions pertaining to the mining loans
have mounted substantially, especially in the
co-operative sector.
Taking into consideration the scenario, the
Government has requested the financial
institutions not to take coercive measures to
recover their dues from the borrowers, until
the restoration of the mining activities. They
have honoured the request of the Government
and desisted from taking action and
considered rescheduling and settlement of
some loan accounts of the borrowers by
granting waiver.
The Financial Institutions have now agreed
to consider one time settlement of the loans of
the borrowers in the mining sector and
accordingly are working out One Time
Settlement Scheme to be offered to the
borrowers in the mining sector, who would
like to settle their loans with them. The
Government on its part has committed to
provide financial relief to the borrowers who
for no fault of theirs are defaulters with the
banks and are in financial distress. The
Hon’ble Chief Minister in his Budget Speech
had announced financial assistance and
provided an amount of Rs. 150.00 crore as
mining relief fund to support the mining
affected people. In addition to the assistance
of Rs. 150 crore, a provision of Rs. 250 crore
has been made in the Supplementary Budget
for the Debt Relief Scheme. The Government
has decided to extend subsidy to borrowers
of Banks/Institutions related to mining activi-
ties, who come forward to settle these
liabilities with the Financial Institutions.
I. Short title. (i) The scheme shall be
called as “Debt Relief Scheme for mining
affected borrowers of Financial Institution”.
(ii) The scheme shall come into force from
the date of its notification in the Official
Gazette. The scheme shall remain in force for
a period of six months or such further
Suggestions are welcome on e-mail: [email protected]
Panaji, 3rd September, 2014 (Bhadra 12, 1936)
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extended period as may be notified by the
Government.
II. Definitions. (i) “Borrower” means any
Individual/Partnership Firm who have availed
term loan from any Financial Institution
located in Goa for purpose of purchase of
Tipper/Truck/Barge & Mining machinery
before 30-09-2012 for using in the mining
activities in the State of Goa.
(ii) Financial Institution means any
Nationalized or Private bank or Co-operative
bank located in Goa including EDC Limited,
NBFC’s and Societies registered with
Registrar of Co-operative Societies,
Government of Goa who have extended loans
to borrowers in Goa for purchase of Truck/
/Tipper/Barge/Mining machinery for the
purpose of mining activities.
(iii) “Outstanding” means the outstanding
loan amount of the borrower with the
Financial Institution, as on 30-09-2012 or as
on 30-06-2014, whichever is lower.
(iv) “Subsidy” means the financial
assistance extended by the Government as
its contribution towards the One Time
Settlement offered by the Financial Institution
and accepted by its borrower.
(v) “OTS Scheme” means the scheme of one
time settlement extended by the Financial
Institution to its borrower for settlement of
their loan and approved by Government for
purpose of this scheme.
(vi) “Settlement Amount” means the
amount calculated by the Financial Institution
as per its OTS Scheme for settling of the loan
liabilities of the borrower, after granting the
waiver.
(vii) “Screening Committee” means the
Screening Committee constituted under the
scheme.
(viii) “Family” means and includes father/
/mother/spouse/son below the age of 21
years/unmarried daughter of the borrower.
III. Eligibility. The borrower shall fulfill
the following conditions to be eligible to avail
the benefits under the scheme:
(i) The borrower should have availed
loan from any Financial Institutions on or
before 30-09-2012 for purchase of Truck/
/Tipper/Barge/Mining machinery for the
purpose of mining activities within the
State.
(ii) The borrower should apply for and
avail the OTS Scheme from Financial
Institutions against their outstanding loans
and their account being outstanding as on
30-06-2014.
IV. Quantum of Subsidy. (1) The
Government shall extend subsidy against
settlement amount subject to maximum as
prescribed below:
Category of loan
Percentage of
subsidy on
settlement amount
Maximum
subsidy
(1)
(2)
(3)
Truck/Tripper
35%
15 Lakh
Machinery
35%
20 Lakh
Barges
35%
35 Lakh
i. The entitlement of subsidy under
scheme shall be limited to only one
borrower per family under only one of the
above category.
ii. Subsidy shall be restricted to
maximum three trucks/tippers/machinery/
/barges.
iii. The quantum of subsidy shall be
restricted to the percentage mentioned in
column (2) or maximum amount mentioned
in column (3), whichever is less.
iv. Subsidy shall not be extended to the
other loans viz., working capital, housing,
car, personal loans etc. availed by the
borrower.
V. Nodal Agency. (i) EDC Limited (EDC)
is designated as the “Nodal Agency” for
implementation of the scheme.
(ii) The Government shall deposit required
funds with EDC to finance the Scheme. EDC
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may alternatively raise funds as directed by
the Government. All such borrowings along
with interest and other operational expenses
(1% of subsidy for loan settlement disbursed)
incurred by the Nodal Agency shall be
reimbursed by the Government.
(iii) The Nodal Agency shall maintain these
funds in a separate bank account and release
the payments to the Financial Institutions
directly after completion of the required
procedure/formalities and sanction by the
Screening Committee.
(iv) The Government shall constitute a
Screening Committee comprising of the
following:
(1) An Officer of EDC Ltd. not below the
rank of Chief General Manager as the
Chairman.
(2) An Officer of Directorate of Mines &
Geology, Government of Goa not below the
rank of Assistant Director.
(3) An Officer of Finance Department,
Government of Goa not below the rank of
Under Secretary.
(4) Two Chartered Accountants to be
appointed by the Government of Goa.
VI. Procedure. (1) The Financial Institu-
tion shall announce the OTS Scheme for
settlement of mining loans.
(2) The borrower shall accept the OTS and
shall submit an application to the Financial
Institution to claim the subsidy under the
scheme as per Annexure I.
(3) The Financial Institution shall then
forward the borrower’s application, providing
the details in Annexure II to the Nodal
Agency for approval of subsidy under the
scheme.
(4) The Nodal Agency shall verify/
/scrutinize the claims submitted by the
Financial Institutions and place the same
before the Scrutiny Committee, for approval of
the subsidy quantum.
(5) The Nodal Agency shall then
communicate the approval of quantum of
subsidy to the financial institution/borrower.
(6) The borrower shall pay the balance
settlement amount (excluding the subsidy) to
the financial institution.
(7) After receipt of the balance settlement
amount from the borrower, the Financial
Institution shall raise the demand for subsidy
from the Nodal Agency, as per Annexure III.
(8) The Nodal Agency shall settle the claim
of the Financial Institutions within 45 days of
receipt of the claim. No interest shall be
charged on the subsidy portion of the
settlement amount by the financial
institution.
(9) The Financial Institution on receipt of
the payment from the Nodal Agency shall
close the loan account of the borrower, issue
the “No Dues Certificate” and release the
securities/surety/guarantor towards the settled
account.
(10) The Financial Institutions shall submit
their claims on weekly basis.
(11) The Nodal Agency shall submit
periodical reports to the Government and file
claims for release of funds required for
operation of the scheme.
VII. Other Terms and Conditions. (i) This
scheme shall not be applicable to borrowers
engaged in Mining/Extraction/Trading of
Minerals/Lease holders.
(ii) The maximum of subsidy to an
individual in any capacity as a member of a
family or a sole proprietor or a partner in a
partnership firm shall not exceed the
maximum amount of subsidy allowed under
the scheme.
(iii) The scheme shall not be applicable to
borrowers of Financial Institutions who have
availed loans for personal, housing, etc.
(iv) The scheme shall not be applicable to
borrowers of Financial Institutions who have
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shifted their barge/truck/tippers/machinery/
/equipment outside Goa.
(v) The loan extended by the Financial
Institution shall not include loan against
Fixed Deposit Receipts.
(vi) The outstanding amount of the
borrower calculated by the Financial
Institution shall not include any interest dues
payable or capitalized by the borrower for the
period prior to 30-06-2012. This prior period
interest shall be paid by the borrower to the
Financial Institution and Financial Institution
shall give the undertaking in each of settled
cases.
(vii) The Financial Institutions shall not
reverse any amounts already adjusted in the
loan accounts of the borrowers towards the
loan principal amount.
(viii) Each Financial Institution shall
thoroughly examine the eligibility of each of
their borrower and after proper scrutiny/
/check submit their proposals to the Nodal
Agency.
(ix) In case the Financial Institutions
claiming the benefit on behalf of the borrower
under this scheme, are found at a later date to
have claimed the same in violation of the
terms of the scheme, by misrepresentation or
miscalculation, the amount of subsidy
claimed by them shall be repayable forthwith
by the Financial Institution with interest at
existing Base Rate/PLR of that Financial
Institution per annum and shall become
recoverable as arrears of land revenue.
(x) Government reserves the right to
foreclose the scheme before expiry of the time
period.
VIII. Monitoring of the Scheme. (i) The
Nodal Agency shall submit monthly report of
implementation of the scheme to Secretary
(Mines).
(ii) Secretary (Mines) shall hold periodical
meetings to monitor the implementation of
the scheme and resolve any bottlenecks in its
implementation.
IX. Removal of difficulties. The Government
shall be empowered to issue instructions for
removal of any difficulty which may arise out
of implementation of this scheme.
This issue with the approval with
concurrence of the Finance (Expenditure)
Department vide their U. O. No. 2031/F dated
28-08-2014
By Order and in the name of the
Governor of Goa.
Prasanna A. Acharya, Director of Mines &
Geology/Ex-Officio Joint Secretary.
Panaji, 2
nd
September, 2014.
________
ANNEXURE I
APPLICATION FORM TO BE SUMITTED BY BORROWERS TO THE BANKS/FINANCIAL INSTITUTIONS
Name: _________________________________________________________________________________________
Address: _______________________________________________________________________________________
___________________________________________________________________Pin code: ____________________
Date: _______________
CERTIFICATE
I/We hereby declare that the particulars given in the attached application form are furnished for the
purpose of securing subsidy from EDC Limited under DEBT RELIEF SCHEME FOR MINING AFFECTED
BORROWERS OF THE STATE OF GOA and are to the best of my/our knowledge and belief true and
correct, and that no material fact(s) has/have been concealed or withheld.
Signature _________________________________________
Name _____________________________________________
(Proprietor/Partner/Director)
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ON THE LETTERHEAD OF THE FINANCIAL INSTITUTION
To,
The Managing Director
EDC Limited
First Floor, EDC House
Dr. Atmaram Borkar Road
Panaji Goa 403001
Sub.: Scheme for providing subsidy under Debt Relief Scheme for mining affected
borrowers of the State of Goa.
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