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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.