1843

Panaji, 27th January, 2017 (Magha 7, 1938)

SERIES I No. 43

Reg. No. G-2/RNP/GOA/32/2015-2017

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

Suggestions are welcomed on e-mail: dirñ[email protected]

Department Notification Subject

Pages

1. Education, Art & Culture

Not.- GBSHSE/Acad/

The Goa Secondary & Higher Secondary Education

1843

Director

/ITI/2016/192

(Amendment) Rules, 2016.

2. Tourism

Not.- 7/7(375)/2015-16

Tourism Policy for erection of temporary seasonal

1844

Director & ex offico Jt. Secy.

/DT

structures, beach shacks/huts and others 2016-19

INDEX

Department of Education, Art & Culture

Directorate of Education

___

Notification

GBSHSE/Acad/ITI/2016/192

In exercise of the powers conferred by

section 46 of the Goa, Daman and Diu

Secondary and Higher Secondary Education

Board Act, 1975 (Act No. 13 of 1975), the

Government of Goa hereby makes the

following rules, so as to further amend the

Goa, Daman and Diu Secondary and Higher

Secondary Education Rules, 1975, namely:—

1. Short title and commencement.— (1) These

rules may be called the Goa Secondary and

Higher Secondary Education (Amendment)

Rules, 2016.

(2) They shall come into force from the date

of their publication in the Official Gazette.

2. Insertion of new rule 17-A.— In the Goa,

Daman and Diu Secondary and Higher

Secondary Education Rules, 1975, (hereinafter

referred to as the “Principal Rules”), after

rule 17, the following rule shall be inserted,

namely:—

“17-A. Eligibility of candidate on

completion of Industrial Training Institute’s

Course to appear for Secondary School

Certificate Examination.— (1) A Candidate

who,—

(i) After passing Class VIII, has

completed recognized Industrial Training

Institute’s Course of two years duration

from a recognized centre and has passed

National/State Council for Vocational

Training (NCVT/SCVT) Examination with

prescribed syllabus; or

(ii) After passing Class VIII, has

completed recognized Industrial Training

Institute’s Course of one year duration

from a recognized centre and has

completed one year apprenticeship

training of certified employment, shall be

admitted to Secondary School Certificate

Examination as a private candidate

subject to the fulfillment of the following

conditions, namely:—

(a) He/She should be a resident of

the State of Goa for a period of not less

than three years prior to the date of

commencement of S.S.C. Examination

for which he/she desires to appear;

(b) He/She shall state in writing that

he/she is not undergoing rustication

GOVERNMENT OF GOA

There is one Extraordinary issue to the Official Gazette, Series I No. 42 dated 19-1-2017 namely, Extraordinary dated

20-1-2017 from pages 1841 to 1842 regarding Market Borrowing Programme— Not. No. 5-3-2016-Fin(DMU)/Part, from

Department of Finance (Debt Management Division).

NOTE

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 43

27TH JANUARY, 2017

1844

imposed by any statutory Board of

examination or University in India or

any other examination Authority at the

time of submission of application for

admission.

(iii) A candidate admitted under

sub-rule (1) shall not be eligible for award

of prizes or scholarships.

(iv) A candidate admitted under

sub-rule (1) shall answer the S.S.C.

Examination in the following subjects,

namely:—

(a) Language – I; and

(b) Language – II/Language – III.”.

3. Insertion of new Rule 18–A.— After rule 18

of the principal Rules, the following rule

shall be inserted, namely:—

“18 A. Eligibility of candidate on

completion of Industrial Training Institute’s

Course to appear for Higher Secondary

School Certificate.— (1) A candidate who,—

(i) After passing Class X, has completed

recognized Industrial Training Institute’s

Course of two years duration from a

recognized centre and has passed

National/State Council for Vocational

Training (NCVT/SCVT) Examination

with prescribed syllabus; or

(ii) After passing Class X, has

completed recognized Industrial Training

Institute’s Course of one year duration

from a recognized centre and has

completed one year apprenticeship

training of certified employment, shall be

admitted to Higher Secondary School

Certificate Examination as a private

candidate subject to the fulfillment of

the following conditions, namely:—

(a) He/She should be a resident of

the State of Goa for a period of not

less than three years prior to the

date of commencement of H.S.S.C.

Examination for which he/she desires

to appear;

(b) He/She shall state, in writing

that he/she is not undergoing

rustication imposed by any statutory

Board of examination or University

in India or any other examination

Authority at the time of submission

of application for admission.

(iii) A candidate admitted under

sub-rule (1) shall not be eligible for award

of prizes or scholarships.

(iv) A candidate admitted under sub-

-rule (1) shall answer the H.S.S.C.

Examination in the following subjects,

namely:—

(a) Language – I/Communication

Skills in English; and

(b) Language – II.”.

By order and in the name of the Governor

of Goa.

Gajanan P. Bhat, Director (Education).

Porvorim, 19th January, 2017.

———!!!———

Department of Tourism

___

Notification

7/7(375)/2015-16/DT

The Government of Goa is hereby pleased

to adopt Tourism Policy for erection of

temporary seasonal structures, beach shacks,

huts and others of the years 2013-16 for further

period from 2016-19 in whole, and the same

is published herewith for information of

general public.

TOURISM POLICY FOR ERECTION OF

TEMPORARY SEASONAL STRUCTURES,

BEACH SHACKS, HUTS AND OTHERS

2016-19

Terms and conditions for erection of temporary

seasonal structures, beach shacks/deck-beds/

/umbrellas/huts and other structures.

In compliance with the directives and the

approval of the State Cabinet, the Government

of Goa issues the following Policy/Guidelines

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 43

27TH JANUARY, 2017

1845

for erection of temporary beach Shacks/

/Deck Beds/Umbrellas/Huts and other

temporary seasonal structures for the years

from 2016-2019.

Validity of License: The License so issued

shall be valid for three years from 2016 to 2019;

however the temporary structures shall be

allowed to be erected only for the period from

1st September to 31st May only. All structures

permitted by the above license shall stop

operation by 31st May and remove the

structure by 10th June.

Security deposit: Normal security deposit as

provided in the Policy shall be paid by all

applicants. However, in case of applicants

whose security deposit was forfeited for

violation of Beach Shack Policies in previous

years shall have to pay a security deposit

which shall be double the normal security

deposit prescribed.

(A) Terms and conditions for issue of License

for erection of temporary beach shacks on

identified beach stretches.— License shall be

granted for erection of temporary shacks on

the following identified beach stretches after

a joint inspection to be carried out by the

Officials of this Department along with the

Officials of GCZMA:

NORTH GOA – 259 Nos.

‘A’ Stretches

‘B’ Stretches

Sr.

Name of the

Size of the

No. of

Sr.

Name of the

Size of the

No. of

No.

Beach

Shack

Shacks

No.

Beach

Shack

Shacks

1. Calangute

1. Keri

18 m x 8m

(a) Saunta Vaddo

First four shacks

2. Arambol

at the entrance

3. Mandrem

12m x 8m

4. Morjim

balance shacks

5. Ozrant

18 x 8 m

6. Anjuna

7. Vagator

(b) Khobra Vaddo

18m x 8m

8. Siridao

9. Chapora

(d) Maddo Vaddo

(e) Tivai Vaddo

(f) Gaura Vaddo

2. Candolim

(a) Ximer

18m x 8m

(b) Escrivao Vaddo

(d) Murud

(e) Vaddie

(f) Dando

The in-principle approval for erection of temporary shacks on Calangute Beach, Candolim

Beach and Ozrant Beach is valid only for the Tourist Season 2016-17 and is further subject to site

conditions.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 43

27TH JANUARY, 2017

1846

SOUTH GOA – 105 nos.

‘A’ Stretches

‘B’ Stretches

Sr.

Name of the

Size of the

No. of

Sr.

Name of the

Size of the

No. of

No.

Beach

Shack

Shacks

No.

Beach

Shack

Shacks

1. Majorda

18m x 8m

1. Velsao

18m x 8m

2. Colva

2. Arrosim

3. Lounginhos (Colva)

3. Utorda

4. Colmar (Colva)

4. Thonvaddo (Betalbatim)

5. Benaulim

5. Ranvaddo (Betalbatim)

6. Calvaddo

6. Sunset Beach (Betalbatim)

7. Varca

7. Ghonsua (Betalbatim)

8. Fatrade (Varca)

8. Sernabatim (Colva)

9. Mobor (Cavelossim)

9. Velludo (Benaulim)

10. Khandivaddo

10. Zalor

(Cavelossim)

11. Baina

12. Bogmalo

In Sauntavaddo the size of the first four beach shacks will be 12m x 8 m. In other beach areas though

the size will be uniform and maintained at 18m x 8m, the Department will reserve the right of reducing

the size to 12m x 8m depending on the beach width, public access and other factors.

Increase in the number of shacks if any in

the above beach stretches subsequent to the

approval of GCZMA shall be updated on the

Departmental Website www.goatourism.

gov.in and draw of lots shall be held

accordingly.

1. If the number of eligible applicants is

more than the number of beach shack

permitted on any particular beach, the

selection shall be decided by draw of lots, and

the beach shacks shall be allotted as provided

below:

(i) 90% of the total beach shacks located

on Government/public beach areas shall

be allotted to those applicants having a

minimum of 03 years’ experience;

(ii) The remaining 10% of the total beach

shacks permitted shall be allotted by draw

of lots to applicants having experience of

one year, two years and nil experience.

In case there is any fraction arising while

arriving at percentage figure, the benefit of the

fraction shall go to higher side only if the

fraction is 0.5 and above. The draw of lots will

be done first for selection of the applicants and

then for the selection of places in both the

categories separately, beach stretch wise.

In those stretches where the number of

beach shacks is 5 or less allocation preference

shall be to applicants having experience.

Explanation.— (i) For the purpose of

experience the applicant shall enclose copies

of permissions issued in the past or copy

of letter issued by the Department of

Tourism that he/she was a successful shack

allottee. No other documents shall be

accepted.

(ii) Permissions issued in the name of a

person who is deceased shall be allowed for

the purpose of experience in case the applicant

is the spouse/son/daughter of the deceased

person or his/her absence a legal heir.

2. Application in the prescribed form as per

enclosure for allotment of temporary beach

shacks to be erected on identified beach

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 43

27TH JANUARY, 2017

1847

stretches will be invited from the persons and

license shall be issued to put up only one beach

shack by one member of a family who is

unemployed and no other family members can

apply. The applicant should not be employed

or engaged, directly or indirectly in any

business, vocation or profession, such as

Tourist Taxis, Hotels, Bars or Restaurants, sale

of Handicrafts, Souvenirs, Toddy tapping,

fishing or any other form of business not

so specified. License shall be granted for

putting up only one beach shack to a member

of the family.

Explanation.— For the purpose of this

section, family shall include husband or wife,

as the case may be, dependent parents and

unmarried children, provided they figure in

the same ration card as that of the applicant.

In case of any complaints received with

documentary proof that the shack allottee has

obtained the shack fraudulently in violation of

this policy, the license issued to such allottee,

shall be cancelled forthwith and the shack

shall be re-allotted to the next waitlisted

applicant and the security deposit shall be

forfeited without any notice.

In case of death of the successful shack

allottee the shack may be transferred in the

name of the “legal heirs” in the family upon

request of the member of family of such

deceased shack allottee and after careful

consideration of the facts by the Director of

Tourism.

3. The beach shack applicant shall be

present in person for the draw of lots. In case

of inability to attend due to unavoidable

circumstances he/she shall report to the

Department office within three days of the

date of draw to sign the attendance/site plan.

In case of failure to report, the allotment shall

be cancelled forthwith and beach shack shall

be allotted to the next waitlisted applicant.

4. The shack allottee shall enrol all the

staff working in the shack who is handling

food, for a special course conducted by IHMCT,

Porvorim or GTDC or any other institution as

may be specified by the Department preferably

within one month of their appointment. The

beach shack allottee shall also enrol for one

day orientation workshop at IHMCT, Porvorim

or GTDC or any other institution as may be

specified by the Department.

5. The shack allottee shall not employ any

children below the age of 14 years as per the

Child Labour (Prohibition and Regulation) Act,

1986. Failing which or in case of any violation

the security deposit will be forfeited in the

Government Treasury and the shack license

may be cancelled.

6. The beach shack shall be erected only at

the place indicated in the license and as

demarcated on the site plan drawn by the

Department and shown to the allottee by

physical demarcation at the site.

7. The successful shack allottee shall collect

the license within a period of 15 days from the

date of draw and shall erect the shack within

one month. No shack shall be erected before

obtaining/collecting the License from the

Department. The shack shall not be operated

before obtaining permission/NOC/License

from all other concerned Departments.

Failure to comply, the license issued is

liable for cancellation forthwith.

8. The beach shack allottee shall provide

printed bills to the customers for food,

refreshment and any other service charges.

9. The unsuccessful shack applicants shall

not erect any beach shack illegally. If done

so, the same shall be subject to demolition

at his/her own risk and cost and the fee

submitted by the unsuccessful applicant shall

be forfeited to the Government Treasury and

he/she shall be penalized/black listed from

applying for shacks for a period of three years

without prejudice to action for contempt of

Court for violation of High Court Orders from

time to time.

10. The beach shack allottee shall make

provision for giving Fire cover/First Aid to

the structure and the public/tourists and

shall contact the Office of the Fire Service to

obtain guidelines.

11. The license issued shall be valid for

period as per allotment order only, however

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 43

27TH JANUARY, 2017

1848

the temporary structures shall be permitted

to be erected only for the period from 1st of

September to 31st of May of that particular

tourist season. All structures permitted by the

above license shall be removed by 31st of May

of the respective years. The license issued shall

be subject to the allottee obtaining the

required permissions, from the Departments

such as Excise, Health, Food & Drugs

Administration, Electricity, Fire Services and

other concerned authorities as may be

applicable.

12. The concerned Departments shall issue

licenses only to those shacks, which have been

given permission by the Tourism Department.

List of allotment shall be forwarded to

concerned Departments.

13. The Tourist Police shall maintain a strict

vigil along the beaches so as to prevent

erection of illegal beach shacks/illegal deck-

-beds. Hawkers, masseurs, vagabonds and

others such as peddlers in banned substances

should not be allowed to operate on the

beaches under their jurisdiction and may take

assistance from local police whenever

required.

14. Size and structure for public beach

shacks.— The beach shack structure shall be

of the size 18 mts. (length) x 8 mts. (breadth)

only and the height of the beach shack shall

be maximum of 5.5 mts. including height of

boards displayed above the roof. For the beach

Stretches of Sauntavaddo - Calangute, the size

of the beach shack shall be 12 mts. (length) x

8 mts. (breadth) and the height of the beach

shack shall be maximum of 5.5 mts. including

height of board displayed above the roof.

No beach shack shall be allowed of

any dimension bigger than the above

specified. No shack shall be permitted to

have a mezzanine floor or an additional floor.

The size of the beach shack shall be the actual

construction i.e., the covered area on the

ground and be measured from the poles

erected at the four corners of the beach shack.

Maximum roof extension of one meter from the

plinth on lateral sides and two meters in front

side will be allowed, however, there shall be

no roof extensions from the rear side of the

beach shack. Beach shacks which are bigger

in size other than permitted are liable to be

demolished and the permission shall be

cancelled forthwith. The security deposit will

also be forfeited without any notice after the

panchnama is conducted and video-graphed

and it is established that there is illegal

expansion or relocation of the beach shack

area. The alignment shall be decided by the

Department of Tourism.

15. For the Tourist season 2016-19, the

cost for Application Form shall be Rs. 9,000/-

(non-refundable). The applicant is required to

submit only one application form in the

beginning of the tourist season for the year

2016-17 along with the entire application fee

for the years 2016-19. The applicant shall

however be required to pay the annual fee for

allotment of beach shack every year. The

application forms will be made available on the

website of the Department of Tourism i.e.

www.goatourism.gov.in and the form has to

be downloaded and submitted to the following

offices of the Department during working

hours with two demand drafts, i.e. one demand

draft for application form for application fee

and second demand draft towards the annual

beach shack fee as applicable. No physical

forms will be made available by the

Department. The demand drafts have to be

drawn in favour of Director of Tourism, Panaji

Goa, payable at Panaji Goa. Applications

without the two demand drafts shall be

summarily rejected. The annual license fee

for the seasonal shack shall be as under:

*At stretches: ‘A’= Rs. 55,000/- 1st year

(i.e. 2016-17)

Rs. 60,000/- 2nd year

(i.e. 2017-18)

Rs. 65,000/- 3rd year

(i.e. 2018-19)

*At stretches: ‘B’=Rs. 45,000/-1st year

(i.e. 2016-17)

Rs. 50,000/- 2nd year

(i.e. 2017-18)

Rs. 55,000/- 3rd year

(i.e. 2018-19)

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 43

27TH JANUARY, 2017

1849

The annual beach shack fee shall be paid

along with the application in the first year and

latest by 15 September in the years 2017-18

and 2018-19. In case of non-payment of the

annual beach shack fee, the applicant/beach

shack allottee shall not be allowed to erect the

beach shack on the allotted location. In case

it is found that a shack allottee has erected

the beach shack without payment of the

annual fees by September 15 of the respective

year the said beach shack shall be demolished

without any notice and the security deposit

deposited by the allottee shall be forfeited

to the Government Treasury.

Beach stretches of Calangute, Candolim,

Majorda, Colva, Benaulim, Varca and

Cavelossim are classified as ‘A’ category

beaches and the other beach stretches shall

be termed as ‘B’ category. The beach shack

fees of unsuccessful applicants shall be

refunded within 45 days of the completion of

beach shack allotment process. In case the

successful beach shack allottee fails to set up

the beach shack within 15 days from receipt

of allotment/permission letter from the

department then the beach shack fee will be

forfeited without notice.

16. Security Deposit: Each successful

applicant shall furnish a refundable security

deposit to be paid by challan and deposited in

Government Treasury drawn in favour of

Director of Tourism payable at Panaji Goa for

Rs. 30,000/- (Rupees thirty thousand only) for

shacks located in A Category beaches and

Rs. 25,000/- (Rupees twenty five thousand

only) for beach shacks located in B Category

beaches at the time of collection of permission

letter.

17. In case of default or breach of or non-

-compliance of any of the terms and

conditions of the tourism policy for erection

of temporary seasonal structures or any

other violations as are prohibited under the

prevailing Laws, the security deposit made

by the applicant shall be forfeited to

Government Treasury, without notice. The

applicant shall be required to produce a

fresh security deposit of equal amount

within a period of 10 days in order to

continue the license for erection of

temporary beach shack so allotted failing

which the license so issued shall be revoked

without any further intimation to the beach

shack applicant and the structure shall be

demolished thereafter as per provisions of

Law. The security deposit made by the

applicant shall be released after the expiry

of license period and after the removal of

structure and certificate obtained from the

Designated Authority that the structure has

been removed and land has been returned

to its original form latest by 10 of June of

every year for the period of license. These

certificates shall be issued at the end of

every tourist season by the designated

authority after being satisfied that the beach

shack has been removed and the land is

restored to its original condition. The

applicant shall submit all such certificates

obtained at the end of the period of license

while applying for release of security

deposit. Failure on the part of the applicant

to remove the structure and obtain the

certificate from the designated authority as

required above, the beach shack shall be

removed by the Department at the cost and

risk of the applicant and the cost of such

removal if incurred shall also be recovered

from the applicant. The beach shacks will

have to be dismantled before 10th June every

year for the period of permission, and a

certificate to the effect that the beach shacks

have been dismantled will have to be submitted

from the concerned Assistant Tourist Officer

(North)/Assistant Tourist Officer (South),

Department of Tourism, on or before 30th

June, 2016, failing which, the security deposit

will be forfeited without any notice.

18. The beach shack shall be erected out of

eco-friendly materials like bamboos/wooden

poles with thatched palm leaves/thatched

bamboo mat roofing as far as possible.

However, in case of paucity of wood the same

may be erected out of the other modern

materials like synthetic, steel, nylon fabric

etc. for the purpose of frame work due to

unpredictable weather conditions. Use of

concrete material is absolutely banned.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 43

27TH JANUARY, 2017

1850

Grouting, plastering, laying of PCC/RCC on the

floor/structure/digging of soak pits/digging

and laying of pipes/metal staircases grouted

in cement etc. shall not be permitted at any

cost as per the guidelines issued by the

GCZMA.

19. If the beach shack allottee is found to

place any additional items/material on the

beaches other than those permitted, the same

shall be confiscated by the Department and

any unauthorized item shall be treated as

nuisance as defined under Goa Tourist Places

(Protection and Maintenance) Act, 2001 and

the violator shall be prosecuted under the

Act. It shall be at the discretion of the Director

of Tourism, to auction/dispose of the same.

The beach shack license/deck-bed permission

shall also be liable for cancellation.

20. A list of all successful beach shack

allottees for 2016-19 shall be endorsed among

others to the (i) Collector North/South

(ii) Excise Department (iii) S. P. North/South

(iv) Electricity Department (v) Health

Department (vi) Food and Drugs Admini-

stration (vii) Fire Services (viii) Member

Secretary, GCZMA (ix) PWD (x) Tourist Police.

A list of successful beach shack allottees for

2016-19 season shall be put up on the website

of the Department. The Applicants licenses’/

/N.O.C’s shall be cleared by the respective

Departments without delay, the activity being

seasonal.

21. The beach shack shall be dismantled

and all the materials used for its erection

including the kitchen equipments/furniture

etc. shall be removed within ten days of expiry

of the permission (including disconnection of

temporary electric supply, water connection

if obtained) once the season is over. The area

shall be cleared and cleaned up without

leaving any dirt/discarded material at the site.

In case the allottee fails to remove the

structure within three days of the expiry of

the permitted period, his/her application for

shack shall be rejected for a period of three

years. If due to any adverse weather conditions

or beach protection or any such work/activity

in public interest, needs to be carried, Director

of Tourism may withdraw any permission for

deck-beds/shack license before the specified

date and in such cases, allottee/permission

holder will not be liable for any compensation.

22. The activity in the beach shack shall be

restricted to sale of food items and beverages

and not for any other purpose. FDA licence

for sale of any alcoholic beverages, necessary

license shall have to be obtained by the allottee

from the Department of Excise.

23. The beach shack allotted shall not be

sublet under any circumstances. In case of

subletting confirmed with documentary

evidence the shack shall be demolished on the

spot and shall be allotted to the waitlisted

applicant and the security deposit shall be

forfeited without notice. The beach shack

allotted are subject to surprise inspections by

officials of Department of Tourism and in case

it is found that the allottee is absent during

three consecutive inspections, it shall be

presumed that the shack has been sublet and

the beach shack license will be cancelled and

the beach shack allottee shall be debarred from

allotment of shack for next three years.

24. Association with Nomads, Masseurs,

hawkers and sale/display of any other items

other than food and beverages shall not be

permitted.

25. The applicant in public beach shacks

should not have a criminal background or

should not have been charged for an offence

involving violence, drugs, eve teasing,

violence pertaining to women or any other

criminal offence and there should not be a

charge sheet pending against him in any

criminal Court located in India. All such

applications to set up temporary shacks

received from persons with criminal charge

sheet pending against them in any court in

India will be rejected forthwith.

26. Applicant shall not be involved in any

illegal activities, including trafficking in drugs,

immoral activities, paedophilia, etc. and it

shall be applicant’s responsibility to report any

such cases noticeable, to the Police, or

Tourism Department. All co-operation shall be

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 43

27TH JANUARY, 2017

1851

given to the personnel of Tourism Department,

who are authorized to act in case of violation

of any of these guidelines/directions.

27. The beach shack allottee shall not

discharge dirty water, liquid, sewage from the

toilets, garbage or any dry waste on the beach,

or into the sand. NOC of Health Department is

a necessary condition and non-obtaining of the

same shall be sufficient for withdrawal of

permission. The beach shack allottee will be

required to maintain two dust bins, one for

biodegradable waste with a lid and the other

for non-biodegradable waste. Each allottee will

also maintain a container to collect the waste

water generated from washing, etc. The

concerned Village Panchayat/Municipality

shall collect and dispose of the respective

wastes for which necessary fees shall be paid

by the beach shack allottee. The Department

shall levy penalties for disposing off garbage

unlawfully and even cancellation of permission

for (a) not maintaining dustbins (b) not

disposing off waste water properly (d) illegal

dumping/burying of garbage in the vicinity or

any portion/place of beach stretch, as

enumerated in clause No. 19. The dustbin size

shall be of 50 litres in with separate lids in

black (dry waste), green (wet waste) and blue

(plastic) to be bought and kept in designated

areas.

28. Compulsory installation of portable

toilets.— With the objective of enforcing

eco-friendly shacks and preventing damage

to the environment, every beach shack

allottee shall compulsorily provide portable

toilet facility, like chemical mobile toilet with

inbuilt proper sewage collection and disposal

facility. The toilet waste shall not be let out on

beach area. The officials of the Tourism

Department shall verify if this criterion is

adopted by the shack allottee and only then

issue the license. Toilets/lavatories without

portable attached collection and disposal

units will not be permitted under any

circumstances. The service provider for such

portable toilets has to be approved by the

Department. In addition the department of

Tourism will provide e-toilets on all the beach

stretches and allow the general public/tourists

to avail these services on payment basis. The

shack allottees therefore now have an option

to avail the services of such e-toilets provided

by the Department on payment basis or

specifically provide such e-toilets on their own

with proper collection and disposal facilities.

No septic tanks, soakpits or open draining of

toilet waste in the ground shall be permitted

at any cost. Penalty for installing any soak pit,

open draining of sewage and toilet waste in

to the sand on the beach shall lead to

cancellation of the permission and further may

also lead to debarring the shack allottee for

further period. The shack allottee will have to

pay a sum of Rs. 2,500 per month to the

Department of Tourism towards the cost of

maintenance of such toilets installed by the

Department. The Toilet should be managed in

a clean and hygienic manner at all times. In

case of violation of these conditions, the shack

license will be revoked and security deposit

shall be forfeited without notice.

29. Area surrounding the beach shack must

be kept clean by the beach shack allottee.

Burning or burying of waste/garbage in any

form is not allowed. In case, any dirt/garbage,

fire wood, charcoal, etc. is found behind the

beach shack or nearby, the license of the beach

shack shall be liable for cancellation forthwith

and the beach shack shall be demolished at

the risk and cost of the beach shack allottee.

The beach shack allottee shall take the

responsibility to see that no garbage is

dumped/buried in the bushes/vegetations or

dunes. The beach shack owner shall hand

over segregated wet and dry garbage to the

Beach cleaning contractor appointed by the

Department and maintain a proper log book

with daily entries. Two separate wet and dry

gabage collection bins will be maintained by

the shack allottee, as per colour code

prescribed by the Department.

30. The beach shack allottee shall be

allowed to display only one menu board of the

size 4 ft x 5 ft indicating list of food-items/rates

at the shack. In any case no tariff boards/

/standees shall be allowed to be installed

outside the shack or on top of the shack. In

case of violation, the boards shall be

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 43

27TH JANUARY, 2017

1852

confiscated and security deposit shall be

forfeited. Each allottee shall obtain potable

water for their use from certified sources only.

No advertisements of any brands shall be

permitted on any shack and in case of any

violation the security deposit will be forfeited

and the license may be cancelled.

31. The shack allottee shall not practice any

discrimination for entering into the shack

against any person based on nationality or sex

or caste or religion or race or any other such

factors, and allotment is liable for cancellation

in case of such complaints received, after due

verification.

32. The Department reserves the right to

make adjustment as regards to demarcation

of shacks depending upon the site condition/

/availability of space.

33. No foreigners shall be permitted to work

in any shack even though he/she may have

necessary visa for work.

34. No smoking and No spitting board with

the wordings “Say No to Tobacco” “Yes to Life”

to be compulsorily displayed by each shack

allottee within the shack and shall observe

the rules and regulations under the Goa

Prohibition of Smoking and Spitting Act, 1997,

Cigarettes and Other Tobacco Products Act

and other Central Act. If any psychotropic

substances or narcotic substances are found

in the beach shack the beach shack allottee

shall be debarred for life for applying for the

beach shack.

35. Timing for operation of shack shall be

from 7.00 a.m. to 11.00 p.m. and no loud music

shall be played beyond 10.00 p.m. The sound

of the music played shall be heard only within

the shack and shall not cause any disturbance

to surrounding occupants. Only 2 speakers of

12.5 watts RMS each is allowed. Amplifier

beyond 25 watts RMS is prohibited. All

conditions as per Pollution Control Board

norms shall be strictly followed. Any music

system comprising speakers and amplifiers

beyond the permissible limits as aforesaid

shall be confiscated.

36. Each shack allottee shall have to

compulsorily

install

CCTV

camera

surveillance system of either of the following

specifications shall be installed in order to

monitor the activities in the shack. The CCTV

cameras so installed should give real-time

footages of the videos recorded with internal

looping and non-invasive characteristics. The

beach shack allottee shall maintain a record

of the CCTV footage of at least last 30 days.

The CCTV should be operational throughout

the working hours of the beach shack. The

service providers for such CCTV installations

will be provided by the Department of

Tourism. The CCTV installation will be

inspected by the Police Department, who will

certify that the CCTV installation is in working

condition.

37. The shack allottee shall take due care

not to disturb any existing sand dunes and

pioneer beach vegetation covering the sand

dunes and they shall be protected and

conserved. Failure to protect and conserve

the same the Shack allottee shall be held

responsible for violation of CRZ Notification,

1991 and action shall be initiated against the

violators including cancellation of the

permission.

38.

The

Government

will

set

enforcement cell/flying squads with powers

to the designated Officers/executive

magistrates to demolish illegal shacks and

confiscate deck-beds etc. and to recommend

imposition of impose penalties including

cancellation of license for the rest of the

season.

39. Hookahs, extra tables, chair, pool tables

etc. will not be allowed within and around

the shack.

40. The successful shack allottee shall

compulsorily submit two names of the

Manager/Asst. Manager to be employed by

him along with photo identity. In case it is

found that the shack is operated/managed

other than the allottee/identified Manager/

/Asst. Manager, the shack permission issued

shall be revoked forthwith and the shack

allottee shall be debarred from applying for

shacks allotment in future for a period of

three years.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 43

27TH JANUARY, 2017

1853

41. The list of eligible applicants for

temporary shacks shall be displayed on the

Notice Board. Complaints/Objections if

any against the listed applicants shall be

submitted to this office a day prior to the

day of draw of lots.

42. The shack allottee shall take every

care to keep the beach litter free and

the responsibility thereof shall lie on the

shack allottee.

43. All services and other products including

food and eatables sold in the shack shall be

subjected to Value Added Tax as shall be

determined by the Department of Commercial

Taxes.

44. The liquor sold in the shacks shall be

subjected to Excise Duty as shall be

determined by the Department of Excise. The

Electricity Department shall issue temporary

electricity connections to the shacks allotted

by the Department of tourism and the PWD/

/PHE shall grant temporary water connections

to the shacks.

45. The successful shack allottee is liable

to pay any service taxes and other taxes as

may be applicable under the Central Excise

Act.

46. As far as turtle nesting beaches identified

as such, by the Forest Department/Wildlife

unit/Competent Authority are concerned, the

following conditions shall apply:

The precise location of the shacks on Morjim

and Mandrem beaches shall be fixed in

consultation with Forest Department who may

identify the turtle nesting sites.

The allottee shall not allow the following

after sunset and sunrise (i.e. after 6.00 p.m.

till the sunrise on the next day).

(a) Operation of beach shack & related

activities like placing of deck-beds.

(b) Artificial lighting.

(d) Display of fireworks as these can have

adverse effect on the turtles nesting.

The shack allottee shall inform any incidents

of nesting, and shall actively co-operate with

the protection staff, in protection of turtle,

turtle nesting site, turtle eggs hatching etc.

B. Terms and conditions for issue of

permision for placement of deck-beds and

umbrellas on beaches of Goa.— (1) The

Department of Tourism will earmark special

areas on the beaches, bounded by special

ropes, wherein the deck-beds and umbrellas

shall be placed by unemployed youth and any

deck-bed found outside the earmarked area

shall be confiscated. The detailed report on

demarcated deck-bed zone shall be made

available by the Department of Tourism only

after demarcation of the beach site. Deck-beds

may be of plastic or made out of wood. Under

no circumstances metal deck-beds will be

permitted.

2. The Director of Tourism may permit a total

of upto 25 deck-beds and umbrellas to be

allowed to the hotels having property

adjoining public beach area only by charging

a fee of Rs. 2500/- per deck-bed and umbrella

valid from 15th September till 31st of May of

particular tourist season. The deck-beds

allotted to the hotels shall be placed strictly

within five meters or within area demarcated

by Tourism Department from the outer

boundary of the hotel property without

causing any congestion on the beach and

without affecting the movement of tourist and

the lifeguard/tourist police operations. The

number of deck-beds and umbrellas so allotted

may be increased if the additional deck-beds

does not cause inconvenience to General

public by specific order issued by the

Department.

(2) The Director of Tourism may permit a

maximum of 20 deck-beds for shacks allotted

on public beaches. The deck-beds and

umbrellas shall be strictly placed within 5-10

meters from the outer boundary of the shack

without causing any congestion on the beach.

A fee of Rs. 500/- per deck-bed and umbrella

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 43

27TH JANUARY, 2017

1854

shall be charged on these placements of

deck-beds and the permission shall be valid

from 15th September till 31st of May of

particular tourist season. However if the space

is available the Director of Tourism, on a case

to case basis, after inspection may permit

additional number of deck-beds, maximum up

to 10 additional deck-beds, to the beach shacks

in such a manner as to cause no inconvenience

to the general public, lifeguarding operations

and the tourists passing by.

Explanation.— In case of congested beach

stretches in A category the deck-beds and

umbrellas shall not be placed beyond five

metres from the outer boundary of the shack

and in case of other beach stretches in B

category the deck-beds and umbrellas shall not

be placed beyond ten metres from the outer

boundary of the shack. The license will specify

the outer boundary limit, based on the width

of the beach which may differ on year to year

basis depending upon the recovery of the

beach areas.

(3) The Director of Tourism may permit a

total of 8 deck-beds and umbrellas to be

allowed to only those unemployed youth

having local residence who have been allotted

permissions in the past years as their entire

livelihood would be dependent on this activity.

No fresh applications from unemployed youth

having local residence may be considered as

it would add to congestion on the beach on

account of limited space available. A fee of

Rs. 750/- per deck-bed and umbrella shall be

charged. The permission shall be valid from

15th September till 31st of May of particular

tourist season.

4. The private shack owners shall not be

allowed to place deck-beds on beach in case

beach is already congested. For other cases,

permission may be given on case to case basis

on the same terms and conditions as at No. 4

above. This would lessen the congestion on

the beach and allow free movement of tourists

and other persons.

5. The security deposit for hoteliers and

unemployed youths shall be Rs. 1,000/- per

deck-bed (refundable). In case of any

violations or placement of extra/additional

deck-beds over and above the number

permitted, the security deposit shall be

forfeited to Government Treasury without any

notice.

6. Any complaint arising out of the above

said placement shall be resolved by the

Director of Tourism and his decision in this

regards shall be final. The deck-beds/umbrellas

shall be permitted in such a way that their

placement do not;

(a) violate any right(s) of the citizen for

any ingress or egress on the beach;

(b) occupy under the guise of the

permission, the entire stretch of the beach

thus hampering the activity of children

playing on the beach or members of the

public walking on the beach or otherwise

hamper or hinder the access to, and

enjoyment of the beach;

visiting the beach and that there is sufficient

place available for all other touristic

activities as are permitted in Law or as per

entitlement for the members of the public.

7. All such deck-beds and umbrellas shall

be removed immediately after 31st of May of

that particular tourist season. The deck-beds

shall be serially numbered from 1 to 8/12/20

as the case may be in all the stretches and

painted with the permission/license number

allotted. No scattering of deck-beds shall be

allowed and if found the same shall be

confiscated and the permission/license to

place deck-beds shall be revoked in respect

of the shack allottee who has been found

violating this clause. Any deck-beds found

without permission/license number painted

on it shall be treated as unauthorized

deck-bed and the same shall be seized and

confiscated/dismantled by using chain

saw/cutter, on the spot. Any unauthorized

deck-bed shall be treated as nuisance as

defined under Goa Tourist Places (Protection

and Maintenance) Act, 2001 and the violator

shall be prosecuted under the Act.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 43

27TH JANUARY, 2017

1855

Section 10 of the above Act is reproduced

as under

10. Offences and penalties.— (1) Whoever

contravenes any of the provisions of this Act

or fails to comply with any order or directions

given under the Act or obstructs any person

acting under the orders or directions of the

Competent Authority from exercising his

powers and performing his functions under this

Act, shall be punishable with imprisonment for

a term which shall not be less than 3 months

but which may extend to 3 years or with fine

which may extend to Rs. 5,000/- or with both.

(2) Any offence committed under this Act

shall be cognizable and non-bailable.

C. Terms and conditions for issue of

permission for erection of shed for Water Sports

Operators.— Those applicants who are

interested to erect a temporary Shed to store

their equipments/operate Water Sports

activities within the marked zone for the

purpose, shall be permitted on payment of a

fee of Rs. 10,000/- per year in the form of

Demand Draft drawn on State Bank of India,

Panaji in favour of Director of Tourism, payable

at Panaji for an area not more than 10 mtr. x

10 mtr. and they shall submit a refundable

security deposit of Rs. 25,000/- in the form of

“Demand Draft”. The permission shall be valid

for one tourist season for a period from 15th of

September to 31st of May in the tourist season

and the same shall have to be renewed by the

applicant in case he wishes to continue

further in the next tourist season in the

consecutive years. They should vacate and

clear the site within seven days from the date

of expiry of the permission and not later than

10th of June of that particular year. The Water

Sports activities should be carried out only

within the demarcated area and the operator

should be registered under the Tourist Trade

Act, 1982 with the Department of Tourism

(copy of a valid Certificate to be enclosed). For

operation of Water Sports activities, queue (Q)

system shall be followed for which separate

guidelines are being issued in pursuance of

the Policy for regulation of water sports. The

application for the said request will be

considered on first come first serve basis and

allocation depends purely on site condition.

No commercial activity of any kind in the

hut/shed.

D. Permission for erection of Base Station,

Beach Watch Towers Public Utilities

comprising of Changing Rooms, Shower

Rooms, Clock Rooms and Toilets, Water Sports

Kiosks etc.— The Integrated lifeguarding and

beach safety services of the Department shall

have priority in erection of Base Station, Beach

Watch Towers and Storage of all required

equipments. Similarly, the Department shall

be at liberty to allow erection of beach nodal

centers for protection of Children’s Rights,

ticket counters for Water Sports, Tourist

Assistance Booths, Toilets, Beach cleaning,

safety etc.

E. Proper Area to be maintened for Bathing

Zone.— This Department through duly

appointed agency shall demarcate the area for

bathing and the same has to be strictly

followed and no other activities to be carried

out/allowed taking into consideration the

safety of tourists.

F. Proper Area to be matained for fishing

and related activities.— The Department may

not allow any activities/permission in the

area where fishing activities are carried out.

Removal of dificulties: In case of any

difficulty arising in the implementation of the

Tourism Policy for erection of Temporary

Seasonal Structures, the decision of the

Director of Tourism shall be final. Failure to

comply with any of the above conditions and

furnishing of incorrect information by the

allottee, the permission shall be cancelled

forthwith and the shack shall be demolished

at the own risk and cost. The shack allottee

shall also be debarred for a minimum period

of three years and the amount deposited as

fees/security deposit shall be forfeited to

Government Treasury.

By order and in the name of the Governor

of Goa.

Sanjeev C. G. Dessai, Director & ex officio

Joint Secretary (Tourism).

Panaji, 28th December, 2016.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 43

27TH JANUARY, 2017

1858

(Format for Affidavit for the identified Beach stretches of Goa)

A F F I D A V I T

I, ............................................ (Name of the Applicant) son/wife of ....................................... residing at

................................. (Full residential address with house/ward No. of Village Panchayat concerned)

........................................................................................................ do solemnly affirm and state as under:—

1. That I have submitted an application to the Department of Tourism, Panaji-Goa for grant of license

for erection of Temporary Shack at ................................ Beach from October 2016 to 31st May, 2019 in the

prescribed form.

2. I am not directly or indirectly engaged, in any business, vocation or profession, such as tourist

taxis, hotels, bars or restaurants, sale of handicrafts, souvenirs, toddy tapping, fishing or any other form

of business not so specified.

3. That I shall strictly abide by the “Terms and Conditions” governing the registration of Temporary Shack

read with beach Shack Policy 2016-19 and Hon’ble High Court Orders in Writ Petition No. 167/2007 and all

other orders relating to the erection of shacks, deck-beds and umbrellas passed from time to time.

4. That in the event I am successful in securing permission for erection of Temporary Shack, I undertake to

abide by the local laws including that of the Village Panchayat/Municipality, Health Department, Food &

Drugs Administration (FDA), Fire Services, Excise Department, Electricity Department, Police Department,

Commercial Taxes etc. I agree to obtain NOC’s/Licenses from other related Departments before the

erection of shack and abide all the Terms and Conditions incorporated in the NOC’s/Licenses issued by

the respective Departments.

5. That I shall procure and maintain a mobile toilet adjacent to my shack for the convenience of

customers/tourists in a hygienic manner.

6. That I shall supply drinking water at my shack to the customers/tourists meeting FDA standards.

7. That in the event of any complaint received against me with documental proof of having any other

business in operation, the permission granted for operation of shack shall be surrendered by me.

8. That in the event of allotment of shack in my favour, no foreigner shall be permitted to work in

shack without work visa and that in case of violation of the terms and conditions, the permission shall

be cancelled.

9. That I do not have a criminal background and there is no charge sheet pending against me in any

criminal Court in India as on date of submission of the application for Temporary Shack.

10. That I agree to accept the location that will be allotted to me by Department of Tourism based on the

site plan and/or as per the site condition and shall erect the shack at the allotted/demarcated site only. I am

aware that in case of violation of the “Terms & Conditions”, the registration shall be cancelled and the fee

paid shall be forfeited to Government Treasury and the shack shall be demolished at my risk and cost.

11. That I agree to assist the lifeguards on duty for safety of lives as and when required.

12. That I agree to assist Department of Tourism and the Police or NCB in reporting suspicious activities

along the beaches such as paedophilia, peddlers in banned substances.

13. That I agree to prevent the movements/activities of the vagabonds, beggars, masseurs, touts, hawkers

etc. from and around the shack, if allotted.

14. That I am fully aware of my responsibilities towards keeping the environment clean and hygienic and

free from all kinds of pollution.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 43

27TH JANUARY, 2017

1859

15. That I am aware of the Anti-Smoking and Spitting law in force in Goa and shall abide by the same.

16. That I shall not play loud music beyond the specification contained in the shack permission letter.

17. That I am aware that in case of any information submitted by me as above is found to be incorrect, and

in case of violation, the permission granted to me shall be cancelled forthwith and the permission

fee/security deposit paid by me shall be forfeited to the Government Treasury.

18. That I agree to abide all the Terms and Conditions incorporated in the Beach Shack Policy for 2016-19.

19. That I agree to the discretion/decision given by the Director of Tourism in case of my violation to

any of the Clauses of the Terms & Conditions laid down in the Beach Shack Policy for erection of temporary

shack for 2016-19.

DEPONENT

(Format for Affidavit for Morjim and Mandrem Beach)

A F F I D A V I T

I, ........................................................ (Name of the Applicant) son/wife of ..................................................................................

residing at .................................................................. (Full residential address with house/ward No. of

Village Panchayat concerned) ............................................................................... do solemnly affirm and state as

under:—

1. That I have submitted application to the Department of Tourism, Panaji-Goa, for the grant of LICENSE

for putting up a Temporary Shack at ........................... Beach from October 2016 to 31st May, 2019 in the

prescribed form.

2. I am not directly or indirectly engaged, in any business, vocation or profession, such as tourist

taxis, hotels, bars or restaurants, sale of handicrafts, souvenirs, toddy tapping, fishing or any other form of

business not so specified.

3. That I shall abide by the “Terms and Conditions” governing the grant of permission for erection

of Temporary Shack read with Tourism Policy for erection of temporary seasonal structures for the years

from 2016-19 and Hon’ble High Court Orders in Writ Petition No. 167/2007 and all other Orders relating

to the erection of shacks, deck-beds and umbrellas passed from time to time.

4. That in the event I am successful in securing permission for erection of Temporary Shack, I undertake to

abide by the local laws including that of the Village Panchayat/Municipality, Health Department, Food &

Drugs Administration (FDA), Fire Services, Excise Department, Electricity Department, Police Department,

Commercial Taxes etc. I agree to obtain NOC’s/Licenses from other related Departments before the

erection of shack and abide all the Terms and Conditions incorporated in the NOC’s/Licenses issued by

the respective Departments.

5. That I shall procure and maintain a mobile toilet adjacent to my shack for the convenience of

customers/tourists in a hygienic manner.

6. That I shall supply drinking water at my shack to the customers/tourists meeting FDA standards.

7. That in the event of any complaint received against me with documental proof of having any other

business in operation, the permission granted for operation of shack shall be surrendered by me.

8. That in the event of allotment of shack in my favour, no foreigner shall be permitted to work in

shack without work visa and that in case of violation of the terms and conditions, the permission shall be

cancelled.

—————

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 43

27TH JANUARY, 2017

1860

9. That I do not have a criminal background and there is no charge sheet pending against me in any

criminal Court in India as on date of submission of the application for Temporary Shack.

10. That I agree to accept the location that will be allotted to me by Department of Tourism based on

the site plan and/or as per the site condition and shall erect the shack at the allotted/demarcated site only.

I am aware that in case of violation of the “Terms & Conditions”, the permission shall be cancelled and the

fee paid shall be forfeited to Government Treasury and the shack shall be demolished at my risk and cost.

11. That I agree to assist the lifeguards on duty for safety of lives as and when required.

12. That I agree to assist Department of Tourism and the Police or NCB in reporting suspicious activities

along the beaches such as paedophilia, peddlers in banned substances.

13. That I agree to prevent activities such as of the vagabonds, beggars, masseurs, touts, hawkers etc.

from and around the shack, if allotted.

14. That I am fully aware of my responsibilities towards keeping the environment clean and hygienic and

free from all kinds of pollution.

15. That I am aware of the Anti-Smoking and Spitting law inforce in Goa.

16. That I shall not play loud music beyond the specification contained in the Shack permission letter.

17. That I shall not involve in any illegal activities, including trafficking in drugs, immoral activities,

paedophilia, etc. and I shall take the responsibility to report any such incidents to the Police Station or the

Tourism Department.

18. That I agree to erect the shack away from the water and towards the sand dunes, close to vegetation,

so that free movement of visitors is not obstructed in any way.

19. That I agree to erect the shack in the North-Western part of the protected area (turtle nesting) of

the beach as indicated in the plan drawn by the Department of Tourism.

20. That I agree not to allow the following after sunset (i.e. after 6.00 p.m.):

(a) Operation of shack & related activities like placing of deck-beds.

(b) Artificial lighting.

21. That I agree to inform Forest Department (Range Forest Officer), Pernem on Tel. No. 2201367 & Police

(Pernem) on Tel. No. 2201233/2201065 any incidents of nesting, and shall actively co-operate with the

protection staff, in protection of turtle, turtle nesting site, turtle eggs hatching etc.

22. That I am aware that in case any information submitted by me as above is found to be incorrect,

the permission granted to me shall be cancelled and the permission fee paid shall be forfeited to the

Government Treasury.

DEPONENT

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