263
Panaji, 14th June, 2019 (Jyaistha 24, 1941)
SERIES I No. 11
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]
EXTRAORDINARY
GOVERNMENT OF GOA
Department of Finance
Revenue & Control Division
——
Notification
4/5/2005-Fin(R&C)/2936
In exercise of the powers conferred by
sub-section (4) of section 5 of the Goa Value
Added Tax Act, 2005 (Goa Act 9 of 2005)
(hereinafter referred to as the “said Act”) and
all other powers enabling it in this behalf, the
Government of Goa hereby amends Schedule
‘C’ appended to the said Act, as follows,
namely:—
In Schedule ‘C’ appended to the said Act,
for the existing entries against serial numbers
(3) and (4), the following entries shall be
respectively substituted, namely:—
“(3) Motor spirit which is commonly known as
petrol including ethanol blended petrol,—
(a) sold by public sector as well as private
sector oil marketing companies to their
authorized retail outlets within the State
.................. 20%.
(b) sold in the circumstances other than
mentioned in clause (a) above .......... 20%.
(4) High Speed Diesel Oil (HSD)........ 18%.”.
This Notification shall come into force on
the 15th day of June, 2019.
By order and in the name of the Governor
of Goa.
Sushama D. Kamat, Under Secretary (R&C).
Porvorim, 14th June, 2019.
———ttt———
Department of Town & Country Planning
Office of the Chief Town Planner (Admin.)
——
Notification
21/1/TCP/2019/Steering Committee/1006
Whereas, the draft regulations, namely, the
Goa Land Development and Building
Construction (Amendment) Regulations, 2018
(hereinafter referred to as the “said
Amendment Regulations”), which the
Government of Goa proposed to make in
exercise of the powers conferred by sub-
sections (1) and (2) of section 4 of the Goa
(Regulation of Land Development and Building
Construction) Act, 2008 (Goa Act 6 of 2008)
(hereinafter referred to as the “said Act”)
so as to further amend the Goa Land
Development and Building Construction
Regulations, 2010, were pre-published as
required by section 5 of the said Act vide the
Government Notification No. 21/1/TCP(A)/
/2018/Steering Committee/2398 dated
26-12-2018, in the Official Gazette, Series I
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No. 39, dated 27-12-2018, inviting objections
and suggestions from all persons likely to be
affected thereby within a period of 30 days from
the date of publication of the said Notification
in the Official Gazette;
And whereas, the said Official Gazette was
made available to the public on 27-12-2018;
And whereas, the Government received
objections and suggestions from the public on
the said Amendment Regulations and the
Sub-Committee appointed under sub-section
(2) of section 6 of the said Act, vide Notification
No. 21/1/TCP/2014/SC/Sub-Comm/3630 dated
08-08-2014, considered the said objections
and suggestions and submitted its report to
the Steering Committee constituted under
sub-section (1) of section 6 of the said Act vide
the Government Notification No. 21/1/TCP/
/2018/SC/481 dated 22-02-2018, published in
the Official Gazette, Series II No. 48, dated
01-03-2018;
And whereas, the Steering Committee
considered the said Report of the Sub-
Committee and submitted it’s report together
with the recommendations to the Government;
And whereas, the Government has
considered the report and recommendations
of the Steering Committee and directed the
Chief Town Planner (Administration) to notify
the said Amendment Regulations in the Official
Gazette.
Now, therefore, in exercise of the powers
conferred by sub-sections (1) and (2) of section
4 of the Goa (Regulation of Land Development
and Building Construction) Act, 2008 (Goa Act
6 of 2008) and all other powers enabling it in
this behalf, the Government of Goa hereby
makes the following regulations so as to
further amend the Goa Land Development and
Building Construction Regulations, 2010,
namely:—
1. Short title and commencement.— (1)
These regulations may be called the Goa Land
Development and Building Construction
(Amendment) Regulations, 2019.
(2) They shall come into force on the date of
their publication in the Official Gazette.
2. Amendment of regulation 2.— In
regulation 2 of the Goa Land Development and
Building Construction Regulations, 2010
(hereinafter referred to as the “principal
Regulations”), for clause (90), the following
clause shall be substituted, namely:—
“(90) “Notary Architect or Notary
Engineer” means an Architect or an
Engineer empanelled, registered and
empowered by the designated Chief Town
Planner to issue third party certification for
low risk buildings for facilitating issuance
of Technical Clearance/Development
Permission/Completion Order by the Town
and Country Planning Department/
/Planning and Development Authority for
promoting ease of doing business.
Note:- For the purpose of this clause, low risk
building means and includes all buildings in plots
formed by way of finally approved sub-division
layout and partitioned plot formed by way of finally
approved sub-division layout plan approved earlier
by competent authorities, for residential buildings
in plot area upto 500 sq. mts. having maximum built
up area of 500 sq. mts. and height of the building
limited to G+2 storeys including stilt floor. All other
buildings shall be considered as high risk buildings.
3. Amendment of regulation 3.1.— In
regulation 3.1 of the principal Regulations,
after the words “Competent Authority”, the
expression “However, no permission under
these Regulations shall be required for setting
up solar farm including construction,
operation and office set up thereof subject to
2% of the total area of farm and maximum of
200 sq.mts. per MW as envisaged in the Goa
State Solar Policy, 2017 subject to obtaining
NOC from Agriculture Department and
approval of the Government on a case to case
basis” shall be inserted.
4. Amendment of regulation 3.2D.— In
regulation 3.2D of the principal Regulations,
in clause (c) and in all other regulations except
regulation 20, for the expression “Architect/
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/Engineer/Structural Engineer/Town Planner/
/Landscape Architect/Urban Designer”
wherever it occurs, the expression “Architect/
/Engineer/Structural Engineer/Town Planner/
/Landscape Architect/Urban Designer/
/Engineer-Diploma/Supervisor (Civil)” shall be
substituted.
5. Amendment of regulation 3.5A.— In
regulation 3.5A of the principal Regulations,
in clause (b), after item (vi), the following items
shall be inserted, namely:—
“(vii) Engineer-Diploma – Questionnaire,
all buildings, structural design/drawings as
per competence.
(viii) Supervisor (Civil) – Questionnaire, all
buildings, structural design/drawings as
per competence.”.
6. Insertion of new regulation 3.5C.— After
regulation 3.5B of the principal Regulations,
the following regulation shall be inserted,
namely:–
“3.5C. The Government may by an order
published in the Official Gazette make
securing of any or all the permissions
namely, Development permission, Technical
clearance, Construction license, Completion
order and occupancy certificate and also
issuance of the same compulsorily in online
or offline mode, as may be, as specified in
such order.”.
7. Amendment of regulation, 4.2.— In
regulation 4.2 of the principal Regulations,
in clause (g), for the expression “The
requirement of access to the rear is not
applicable to three storey residential building
in a plot not exceeding 500m2 and 20 mts.
depth”, the expression “For buildings having
side and rear setbacks as per Regulation 4.4.2,
Table IV, the means of access to the rear is not
required to be maintained. However, for high
rise buildings, means of access to the rear of
minimum 6.0 mtrs. or applicable setbacks,
whichever is higher, is required to be
maintained at least on one side. Further,
access to the rear shall not be applicable to
the plots covered under the regulation 4.7.”
8. Insertion of new regulation 5A.— After
regulation 5 of the principal Regulations, the
following regulation shall be inserted,
namely:—
“5A. Regulations for Shopping Mall cum
multiplex.— (1) Definition.– “Shopping mall
cum multiplex” shall mean an integrated
entertainment and shopping Centre/
/Complex consisting of small retail outlet,
food courts, pubs, bowling alleys,
restaurants, fast food outlets, health spas/
centers, convention centers, hotel, IT and
ITES, recreational activities, etc., with
atleast 2 cinema hall screens either within
the complex or in a separate building within
the compound of the complex.
(2) Site requirement for shopping mall
cum multiplex:– (i) The minimum size of plot
for a new shopping mall cum multiplex
complex shall be 10,000 sq. mts.;
(ii) The minimum abutting road width for
a shopping mall cum multiplex complex
shall be 15 mts. existing.
(3) Location criteria:– (i) The location of a
shopping mall cum multiplex complex shall
be in a notified commercial area as per the
statutory plans in force.
The project shall be further subject to the
requirements of,–
(a) a traffic impact study and a traffic
management plan, for such complex
undertaken through a qualified consultant in
traffic and transportation.
(b) NOC from the Director of Fire and
Emergency Services for considering the
building permission by the Authority granting
the permission.
(4) General:–
Plot area – 10,000m2
Coverage – 50%
FAR – As per the permissible FAR in
respective zone.
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Height – Maximum height permissible shall
be as per the permissible limits within the
respective zones. Maximum height of
shopping mall cum multiplex having assembly
occupancy shall not exceed 30 mtrs. or the
height permissible in the respective zones,
whichever is less. However, relaxation in
height could be considered with the approval
of the Town and Country Panning Board for
creating iconic or landmark tower which
would have tourist/public attractions and
would enhance the image of the city by
following setback requirements upto a
maximum height of 50.00 mtrs. only in C1
Special Zone (C1 Special), Commercial Special
Zone (CS) and Special Commercial Zone (SPC).
This relaxation in height is subject to condition
that uses in the tower shall be of non-assembly
occupancy. If such tower is attached to the
main shopping complex cum multiplex, it
should have separate entry and exit from the
ground level and overall height of the building
including the tower shall not exceed 50 mtrs.
If the tower like building is proposed as
detached building within the same compound
of the complex, maximum height of 50 mtrs.
could be considered, independently. The
relaxation in height will be further subject to
the condition that the tower like building shall
not cover more than 33% of the overall plinth
area of shopping mall cum multiplex.
Note: The additional height upto 50 mtrs can be
permitted subject to availability of fire equipments
capable of handling high rise building of such
magnitudes by the Director of Fire and Emergency
Services. However, exemptions could be considered
in case the prospective developer donates the
equipments as required by the Government and
make available in house fire fighting facilities within
the complex.
(5) Parking.– One equivalent car parking
space shall be provided for every 35 sq. mtrs
of built up area of the shopping mall cum
multiplex.”
9. Amendment of regulation 6A.1.— In
regulation 6A.1 of the principal Regulations,—
(i) in Table – VII,—
(a) against the serial No. I, the following
entry shall be added at the end, namely:—
“Residential Special Residential SPR”;
(b) against the serial No. II, the following
entries shall be added at the end, namely:—
“Commercial Special Commercial SPC
Commercial Central Commercial C1
Special
Special”;
(ii) for note (1), the following note shall be
substituted, namely:–
“(1) In case of SPC, C1 Special, C1, C2, C3
and C4, residential use shall be permitted
on upper floors and ground floor above
stilts.”
10. Amendment of regulation 6A.2.1.— In
regulation 6A.2.1 of the principal Regulations,-
(i) in clause (a), for the expression “S1, S2,S3
& S4”, the expression “SPR, S1, S2, S3 & S4”
shall be substituted;
(ii) in clause (b), for the expression “C1, C2,
C3 & C4” the expression “SPC, C1 Special, C1,
C2, C3 & C4” shall be substituted.
11. Amendment of regulation 6A.3.1.—
In regulation 6A.3.1 of the principal
Regulations,—
(i) in clause (a), for the expression “S1, S2,
S3 & S4” the expression “SPR, S1, S2, S3 &
S4” shall be substituted;
(ii) in clause (b), for the expression “S1, S2,
S3, S4 & C1, C2, C3, C4” the expression “SPR,
S1, S2, S3, S4 & SPC, C1 Special, C1, C2, C3,
C4” shall be substituted;
(iii) in clause (c), for the expression “S1, S2,
S3, S4 & C1, C2, C3, C4” the expression “SPR,
S1, S2, S3, S4 & SPC, C1 Special, C1, C2, C3,
C4” shall be substituted;
(iv) in clause (d), for the expression “C1,
C2, C3, C4” the expression “SPR, S1, S2, S3,
S4 & SPC, C1 special, C1, C2, C3, C4” shall be
substituted.
12. Amendment of regulation 6A.4.— In
regulation 6A.4 of the principal Regulations,
(i)
in
TABLE-VIII.
(i)
under
item
“COMMERCIAL:”, the following entry shall be
added at the end, namely:—
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“C1 special 10.00 m 40% 250 10.00m 32.00m”;
(ii) after Note (25), the following note shall
be inserted, namely:–
“(26) In C1 Special zone, two stilts for
parking shall be allowed free of FAR and
also free from calculation of building height.
The provision of access of 10.00 meters
right of way may be relaxed for proposal of
re-development, where there is no scope of
expansion of existing road, provided
minimum 8.00 meters access is available.
The front setback may be relaxed subject
to maintaining a minimum of 7.00 mts. in
C1 Special zone on special circumstances
due to practical difficulties in re-
development of existing buildings in plots
having a depth upto 50 mts. The front
setback may, further be relaxed, subject to
maintaining a minimum of 5.00 mts. in C1
Special zone on special circumstances due
to practical difficulties in re-development of
existing buildings in plots having a depth
less than 30 mts. with the approval of the
Town and Country Planning Board and the
Government, provided they satisfy the
requirement of fire safety for which prior
clearance of Directorate of Fire and
Emergency Services shall be mandatory
before issuing development permission. In
case of varying depths (sides perpendicular
to the road), the average depth shall be
taken into consideration.”.
13. Amendment of regulation 14.3.— In regulation 14.3 of the principal Regulations, after
clause (b), the following clause shall be inserted; namely:—
“(c) Norms for roof top solar PV installation shall be as under:–
Sl. No.
Category of building/area
area standards
Generation requirement
(1)
Group Housing
all proposals of Group
Minimum 5% of connected load or
Housing having more than
20W/sqft for available roof space,
40 dwelling units
whichever is less.
All other buildings defined under clause (20A) of regulation 2 (mandatory for buildings having
shadow free rooftop area > 50 sq.mt.).
(2)
Educational
Plot size of 500 sq.mt.
Minimum 5% of connected load or 20W/sq.
and above
ft. for available roof space, whichever is less.
(3)
Institutional
(4)
Commercial
(5)
Industrial
(6)
Mercantile
(7)
Recreational
14. Amendment of regulation 20.— In
regulation 20 of the principal regulations,—
(i) in the heading and in sub-regulations
20.1, 20.3 and 20.4, for the expression
“Architect/Engineer/Structural Engineer/
Town Planner/Landscape Architect/Urban
Designer”, wherever it occurs, the expression
“Engineer/Structural
Engineer/Town
Planner/Landscape
Architect//Urban
Designer/Engineer-Diploma/Supervisor
(Civil)” shall be substituted;
(ii) in sub-regulation 20.1, the following
expression shall be added at the end,
namely:—
“However, no registration shall be
required
for
Structural
Engineers,
Engineers and other professionals employed
with Government Departments and
undertakings
having
the
required
qualification as per these regulations in
case of land development and building
construction
by
the
Government,
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Government
owned
corporations,
autonomous bodies and local bodies.”;
(iii) in sub-regulation 20.2, the word
“Architects” shall be omitted;
(iv) in sub-regulation 20.6, for the
expressions “Architect/Engineer/Structural
Engineer/Town Planner/Landscape Architect/
Urban Designer” and “prescribed processing
fees”, the expressions “Engineer/Structural
Engineer/Town Planner/Landscape Architect/
/Urban Designer/Engineer - Diploma/
Supervisor (Civil)” and “Specified fees” shall
be respectively substituted;
(v) in sub-regulation 20.7, for the word
“prescribed”, the word “specified” shall be
substituted.
(vi) for sub-regulation 20.9, the following
sub-regulation shall be substituted; namely:–
“20.9 Notary Architect or Engineer
empanelled, shall be registered by the
designated Chief Town Planner to issue
third party certification towards issuance
of Technical Clearance/Development
Permission/Completion Order by the Town
and Country Planning Department/PDA, as
the case may be as per rules specified at
Annexure-X, 27. X.”;
(vii) after regulation 20.9, the following note
shall be added, namely:–
“Note:- Architects at the time of submission of
certificate of conformity with regulations in
Appendix–B2 should mention their Council of
Architecture registration number. Further, they
shall also give a declaration in the Certificate of
conformity with Regulation Appendix-B2 that they
are holding valid registration with the Council of
Architecture as per the provisions of the Architects
Act, 1972 (Central Act No. 20 of 1972).”.
15. Substitution of Annexure-I.— For
Annexure-I of the principal Regulations, the
following Annexure shall be substituted,
namely:—
“ANNEXURE-I
27.I.
Notifications on Environment and CRZ
Regulations as notified from time to time by the
Ministry of Environment, Forest and Climate Change,
Government of India, shall be applicable to all
permissions under these regulations.”.
16. Substitution of Annexure-X.— For Annexure–
X of the principal Regulations, the following
Annexure shall be substituted, namely:–
“ANNEXURE-X
Rules for Notary Architect and Notary Engineer
for risk based classification of approvals.
(1) Notary Architect and Notary Engineer
registered shall be authorized to issue third party
certification for low risk buildings in plots formed
by way of finally approved sub-division layout and
partitioned plot forming part of finally approved sub-
division layout approved by competent authorities
for residential buildings in plot area upto 500 sq.mts.
having maximum built up area of 500 sq. mts. and
height limited to G+2 storeys including stilt floor.
(2) Procedure for empanelment and registration
shall be as specified.
(3) Duties and responsibilities of Notary Architect
and Notary Engineer:-
(i) To scrutinize the applications received for
issue of third party certification under these rules.
(ii) Sign the formats and building plan as
required under the Regulations and submit it to
the Town and Country Planning Department/
/respective PDA.
(iii) Maintain register of applications received
for third party certification towards issue of
building approvals/completion order by the Town
and Country Planning Department/respective
PDAs.
(4) Power of designated Chief Town Planner to
act against Notary Architect/Notary Engineer in
case of default/complaint.
If any Notary Architect or Engineer, as the case
may be, fails to discharge his duties and
responsibilities, the Chief Town Planner, may after
giving him/her a reasonable opportunity of being
heard in the manner as such as may be prescribed,
and by an order remove his name from the Records
of NOTARY Architect or Engineer authorized to issue
third party certification.
The Licencing Authority i.e. Corporation/
/Municipal Council in Municipal areas and Village
Panchayat in respective panchayat areas shall take
note of the discharged Notary Architect or Engineer
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and shall not honour any third party certification
issued by them, thereafter.”.
17. Amendment of Annexure-XI-A.— In
Annexure-XI-A of the principal Regulations,
for the existing Note (1), the following shall be
substituted, namely:–
“(1) For all above activities, minimum size
of land/plot has to be 4000 sq.mts. except
in case of pump houses and dairy farming.
In case of dairy farming the minimum plot
requirement can be relaxed provided that
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a minimum plot size of 1000 sq.mts. shall
be maintained and the area of structure on
such plot shall be restricted to 100 sq.mts.,
provided further that the plot is surrounded
by agriculture areas and preferably away
from dense human habitation.”.
By order and in the name of the Governor
of Goa.
James Mathew, Chief Town Planner (Admn.)
& ex officio Joint Secretary (TCP).
Panaji, 13th June, 2019.