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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;
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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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