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Panaji, 30th August, 2018 (Bhadra 8, 1940)

SERIES I No. 22

Reg. No. G-2/RNP/GOA/32/2018-20

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

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

Department of Law & Judiciary

Legal Affairs Division

___

Notification

7/5/2018-LA

The Goa Town and Country Planning

(Amendment) Act, 2018 (Goa Act 9 of 2018),

which has been passed by the Legislative

Assembly of Goa on 30-7-2018 and assented

to by the Governor of Goa on 22-8-2018, is

hereby published for the general information

of the public.

Sharad G. Marathe, Addl. Secretary (Law).

Porvorim, 30th August, 2018.

————

The Goa Town and Country Planning

(Amendment) Act, 2018

(Goa Act 9 of 2018) [22-8-2018]

AN

ACT

further to amend the Goa, Daman and Diu

Town and Country Planning Act, 1974

(Act 21 of 1975).

Be it enacted by the Legislative Assembly

of Goa in the Sixty-ninth Year of the Republic

of India, as follows:—

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

Act may be called the Goa Town and Country

Planning (Amendment) Act, 2018.

(2) It shall come into force on such date as

the Government may, by notification in the

Official Gazette, appoint.

2. Amendment of section 2.— In section 2

of the Goa, Daman and Diu Town and Country

Planning Act, 1974 (Act 21 of 1975) (hereinafter

referred to as the “principal Act”),—

(i) clause (1) shall be re-numbered as

clause (1A) and before clause (1A) as so

re-numbered, the following clause shall be

inserted, namely:—

“(1) “accommodation reservation”

means to accord a permission by the

Government to owner of land, that is

required for public amenity specified in

Development Plan or Regional Plan, by

the Planning and Development Authority,

municipal corporation, municipal council

or village panchayat, as the case may be,

to use the potential of such land in the

form of built-up space guided by

permissible Floor Area Ratio, in addition

to the built-up space required for such

amenity, in lieu of payment of

compensation for such land and such

amenity, transferred in favour of such

authority;

EXTRAORDINARY

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(ii) after clause (30), the following clauses

shall be inserted, namely:—

“(30A) “transferable development

right” means a right to transfer the

potential of a land required for public

purpose by the Planning and Develop-

ment Authority, municipal corporation,

municipal council or a village panchayat,

as the case may be, expressed in terms

of total permissible built-up area, for

utilization by the owner himself or

transfer by him to someone else, from the

present location to a specified area, as

additional built-up space over and above

the permissible limit in that area in lieu

of the payment of compensation for such

land;

(30B) “transferable development right

for posterity” means the right to sell,

transfer or surrender the development

right or potential of land zoned as

agricultural land or land in other areas

such as heritage site, water body, riverine

land, farm land, khazan land, private

forest, land under Coastal Regulation

Zone and the like to alternate sites as

identified in the Development Plan or

Regional Plan;”.

3. Amendment of section 11.— In section

11 of the principal Act, in sub-section (2), after

clause (a), the following clause shall be

inserted, namely:—

“(aa) proposal for transferable develop-

ment rights, transferable development right

for posterity, accommodation reservation or

any other similar technique for promoting

planned development;”.

4. Insertion of new section 16B.— After

section 16A of the principal Act, the following

section shall be inserted, namely:—

“16B. Change of zone in Regional Plan.—

(1) If at any time, after the Regional Plan

comes into operation, the Chief Town

Planner (Planning) receives a written

request from any person for change of zone

of his land in the Regional Plan, he shall,

after carrying out such fresh surveys and

examination of the matter as may be

considered necessary, submit his report to

the Board and the Government, along with

plan showing details about change of zone

in the Regional Plan.

(2) Every request under sub-section (1)

shall be made in such form as may be

prescribed and accompanied by such fees

as notified under sections 100A and 101A.

(3) The provisions of sections 12 to 15

shall, mutatis mutandis, apply for change

of zone in the Regional Plan submitted under

sub-section (1).

(4) After the Regional Plan comes into

operation, the Chief Town Planner

(Planning) may, with the prior approval of

the Government, make such changes in

such Regional Plan as may be necessary

for correcting any typographical or

cartographical errors, omissions or details

of proposals not fully indicated or changes

arising out of the implementation of the

proposals in the Regional Plan:

Provided that all such changes are in

the public interest and are notified to the

public.”.

5. Amendment of section 30.— In section

30 of the principal Act, in sub-section (1), after

clause (d), the following clause shall be

inserted, namely:—

“(e) indicate and provide for proposal

for transferable development right,

transferable development right for posterity,

accommodation reservation or any other

similar technique for promoting planned

development.”.

6. Amendment of section 32.— In section

32 of the principal Act, in sub-section (2), after

clause (b), the following clause shall be

inserted, namely:—

“(c) indicate and provide proposal

for transferable development right,

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transferable development right for posterity,

accommodation reservation or any other

similar technique for promoting planned

development.”.

7. Insertion of new sections 41A to 41C.—

After section 41 of the principal Act, the

following sections shall be inserted,

namely:—

“41A. Acquisition of land by according

transferable development right.— (1) The

Planning and Development Authority,

municipal corporation, municipal council or

a village panchayat may, with approval of

the Government and the consent of the

owner, acquire his land for public purpose

and the Government may accord him a

transferable development right, in lieu of

the payment of compensation towards such

acquisition, by issuing a Development Right

Certificate in such form and in such manner

as may be prescribed.

(2) The transferable development right

could be utilized as additional built up space

in such manner as may be prescribed by

the owner who may use it himself or transfer

it to any other person in full or in part, to

use in areas earmarked for the purpose in

Regional Plan or Development Plan.

41B. Acquisition by way of accommo-

dation reservation.— (1) A Planning and

Development

Authority,

municipal

corporation, municipal council or a village

panchayat may, with the consent of the

owner, get transferred his land and amenity

in its favour for public purpose as specified

in the Regional Plan or Development Plan,

by way of accommodation reservation, in

such manner as may be prescribed.

(2) The owner of such land shall develop

such amenity and hand it over to the said

authority free of cost and thereafter he shall

himself utilize the developmental right

equivalent to full permissible Floor Area

Ratio.

41C. Preservation of natural reserves and

resources for posterity.— A Planning and

Development

Authority,

municipal

corporation, municipal council or a village

panchayat may with approval of the

Government and the consent of the owner,

withdraw or severe the development right

or potential in respect of land identified for

conservation or preservation in the

Regional Plan or Development Plan and the

Government may allot the development

right, thus removed, or severed to other area

which is more suitable for development by

way of transferable development right for

posterity in such manner as may be

prescribed.”.

8. Amendment of section 140.— In section

140 of the principal Act, in sub-section (2),—

(i) after clause (d), the following clause shall

be inserted, namely:—

“(dd) form for making request under

sub-section (1) of section 16B;”;

(ii) after clause (e), the following clauses

shall be inserted, namely:—

“(ea) the form and manner in which a

Development Right Certificate is to be

issued and manner in which the

development right to be utilized under

section 41A;

(eb) the manner in which land and

amenity to be transferred by way of

accommodation reservation under section

41B;

(ec) the manner in which development

right of a property can be withdrawn or

severed and allotted to other area by way

of transferable development right for

posterity under section 41C;”.

Secretariat,

DHARMENDRA SHARMA,

Porvorim-Goa.

Secretary to the

Dated: 30-8-2018. Government of Goa,

Law Department (Legal Affairs).

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