Goa Gazette, No. 1920-50, 12 March 2020

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

RNI No. GOAENG/2002/6410

Panaji, 12th March, 2020 (Phalguna 22, 1941) SERIES I No. 50 PUBLISHED BY AUTHORITY

NOTE

There is an Extraordinary issue to the Official Gazette, Series I No. 49 dated 5-03-2020, namely, Extraordinary dated 5-03-2020 from pages 1611 to 1630, Notification No. 5-6-2019-Fin(DMU) regarding Market Borrowing Programme from Department of Finance and Notification No. 7/4/2020-LA regarding the Goa Private Universities Act, 2020 from Department of Law & Judiciary.

INDEX

Department Notification/Order

Subject Pages

1. Agriculture Not.- 3/5/EXT/137/2019-20 Extension of validity of scheme. 1631 Dir. & ex officio Jt. Secy. D.Agri/762

2. General Administration Not.- 23/1/87-GA&C The Business of the Government of Goa (Allocation) 1632 Under Secretary (Vol.III)/5152 (Thirty-Third Amendment) Rules, 2020.

3. Inland Waterways Ord.- COP/2012/2/Corresp. Re-designation of posts. 1632 Captain of Ports (PER)/Part-III(Part)/836 Captain & ex officio Jt Secy.

4. Sports & Youth Affairs Ord.- 2/Creation/Stat.Cell/ Creation of post.

Director DSYA/ADM/2018/3840

1633

5. Tourism Not.- 7/7(511)/2020/DT Tourism Policy for erection of temporary seasonal 1633 Dir. & ex officio Jt. Secy.

structures, beach shacks, huts and others 2019-22.

6. Urban Development 14/DMA/STAT/PoA-SCM Pattern of assistance for releasing 1647 Dir. & ex officio Jt. Secy. & AMRUT/2019-20/3854 grant-in-aid to IPSCDL.

7. Government Ptg. Press — Subscription Rate.

1648

GOVERNMENT OF GOA

Department of Agriculture __

Notification

3/5/EXT/137/2019-20/D.Agri/762

Ref: 1) Notification No. 3/4/ISA/2008-09/ D.Agri/353 dated 2-3-2009 published in Official Gazette Series-I No. 51 dated 19-3-2009.

2) Notification No. 3/4/Agron/ISA/8/ 2012-13/D.Agril 130 dated 5-9-2012 published in Official Gazette Series-I No. 24, dated 13-9-2012.

3) Notification No. 3/4/Agron/8/2013- -14/D.Agri, dated 18-6-2013 published in Official Gazette Series-I No. 12, dated 20-6-2013.

4) Notification No. 3/4/Agron/8/2013- -14/D.Agri, dated 3-7-2014 published in Official Gazette Series-I No. 15, dated 10-7-2014.

5) Notification No. 3/4/Agron/8/2015- -16/D.Agri/86, dated 8-6-2015 published in Official Gazette Series-I No. 12, dated 08-6-2015.

6) Notification No.-3/5/EXTN/137/ /2016-17/D.Agri/383, dated 20-09-2016 published in Official1631 Suggestions are welcomed on e-mail: dir–[email protected] OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 50 12TH MARCH, 2020 Gazette Series-I No. 26, dated 29-09-2016.

7) Notification No.-3/5/EXTN/137/ /2016-17/D.Agri/382, dated 20-09-2016 published in Official Gazette Series-I No. 26, dated 29-09-2016.

8) No. 3/5/EXTN/137/2017-18/D.Agri/ /407 dated 22-09-2017 published in Official Gazette Series-I No. 25, dated 22-09-2017.

9) No. 3/5/EXTN/137/2017-18/D.Agri/ /387 dated 28-08-2018 published in Official Gazette Series-I No. 23, dated 06-07-2018.

Government is pleased to extend the scheme, "Interest subsidy on loans for Agriculture and allied activities." For further period of one year w.e.f. 1-04-2019 to 31-3-2020 as per the Notification referred at Sr. No. 1 and subsequent notifications/ /amendment, referred at Sr. No. 2 to 9.

The expenditure for the scheme shall be

debited to Budget Head:

1. 2401—Crop Husbandry, 00—, 800— Other Expenditure, 07—Interest subsidy on loans for Agriculture and Allied Activities (P), 33—Subsidies for claims of Agriculture.

2. 2403—Animal Husbandr y, 00—, 101—Veterinary Services and Animal Health, 12—Interest subsidy scheme for Agriculture and Allied Activities (P), 33—Subsidies for claims of Animal Husbandry and Veterinary Services and

3. 2405—Fisheries, 00—, 103—Marine Fisheries, 07—Interest subsidy scheme for Agriculture and Allied Activities (P) (A), 33—Subsidies for claims of Fisheries Activities.

This issues with the concurrence of the Finance Depar tment vide their U.O. No. 1400068728 dated 02-03-2020.

By order and in the name of Governor of

Goa.

Nevil Alphonso, Director & ex officio Joint

Secretary (Agriculture).

Tonca-Caranzalem, 6th March 2020.

Department of General Administration ___

Notification

23/1/87-GA&C(Vol.III)/5152

In exercise of the powers conferred by article 166 of the Constitution of India and all other powers enabling him in this behalf, the Governor of Goa hereby makes the following rules so as to further amend the Business of the Government of Goa (Allocation) Rules, 1987, namely:—

1. Short title and commencement.— (1) These rules may be called the Business of the Government of Goa (Allocation) (Thirty- third Amendment) Rules, 2020.

(2) They shall come into force on the date

of their publication in the Official Gazette.

2. Amendment of Schedule.— In the Schedule appended to the Business of the Government of Goa (Allocation) Rules, 1987, under the heading "2. Depar tment of Agriculture", after entry at clause (f), the following entry shall be inserted, namely:—

"(g) Agriculture education, research and

related activities".

By order and in the name of Governor of

Goa.

Shripad Arlekar, Under Secretary (GA).

Porvorim, 6th March, 2020.

———ttt———

Department of Inland Waterways

Captain of Ports ___

Order

COP/2012/2/Corresp.(PER)/Part-III(Part)/836

Read:- 1. Government Order No. COP/ / 2 0 1 2 / 2 / C o r re s p . ( P E R ) / Pa r t - -III(PART)/3175 dated 13-11-2019.

2. Corrigendum No. COP/2012/2/ /Cor resp.(PER)/Par t-III(Par t)/ /3175 dated 10-12-2019.

Sanction of the Government is hereby accorded for re-designation of the following posts in Captain of Ports Department.

Sr. Existing Pay Scale No. of To be re-de- No. posts as per the posts to -signated as

6th Pay be re-de- Commission -signated

1. Peon 1S Rs 4440- 08 Multitask-

"D" -7440+1300 -ing Staff Group Group 'C'

By order and in the name of the Governor

of Goa. .

Captain James Branganza, Captain of Ports

& ex officio & Jt. Secretary.

Panaji, 21st February, 2020.

———ttt———

Department of Sports & Youth Affairs

Directorate of Sports & Youth Affairs ——

Order

2/Creation/Stat.Cell/DSYA/ADM/2018/3840

Sanction of the Government is hereby

accorded for creation of the following posts

as per the details shown below:

Sr. Designation Pay Scale No. of posts No. of the post created

1 2 3 4

Non Ministerial (Non-Lapsable) post (A)

1. Investigator 25500-81100 01

Level 4

The expenditure on the creation of above post would be met from the Budget Head mentioned against the post:

2204—Sports & Youth Service;

00—;

101—Physical Education;

04—Directorate of Sports (Non-Plan);

01—Salaries.

This issues with the approval of the High Level Empowered Committee (H.L.E.C) constituted with the approval of the Council of Ministers in the XXth meeting held on 08-11-2017 vide Order No. 1/1/2017-Addl. Secy (PER) dated 22-11-2017 issued by Department of Personnel.

Approval of the High Level Empowered Committee (H.L.E.C) is conveyed vide Letter No. 9/57/IDCO/2019-ARD/244 dated 17-07-2019 from Addl. Secretary (Admin. Reforms), Administrative Reforms Department, Secretariat, Porvorim.

By order and in the name of the Governor

of Goa.

Shashank Mani Tripathi, IAS, Director of

Sports & Youth Affairs.

Panaji, 2nd March, 2020.

———ttt———

Department of Tourism __

Notification

7/7(511)/2020/DT

The Government of Goa is hereby pleased to formulate Tourism Policy for erection of temporary seasonal structures, beach shacks, huts & others for the tourist season 2019-22 and the same is published herewith for information of general public.

Menino D'Souza, Director & ex officio Joint

Secretary (Tourism).

Panaji, 2nd March, 2020. _________

Tourism Policy for Erection of Temporary Seasonal Structures, Beach Shacks, Huts and Others 2019-22

Terms and Conditions for Erection of Temporar y Seasonal Structures, Beach Shacks/Deck-Beds/Umbrellas/Huts and Other Structures

Validity of License: The License so issued shall be valid for three years from 2019 to 2022; 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 the licensee shall remove the structure by 10th June.

A. Terms and conditions for issue of License for erection of temporary beach shacks on identified beach stretches:

1. 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:

N. B.: In Sauntavaddo the size of the first four beach shacks will be 12m x 8m. 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.

Any increase or decrease in the number of shacks in future if any on 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.

2. If the number of eligible applicants is more than the number of beach shacks 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 minimum of 03 years of experience or more; in the respective District.

(ii) The remaining 10% of the total beach shacks shall be allotted to other applicants who are having experience of less than 03 years or without experience, in the respective District.

(a) In case, the numbers of applications received are less than that of the total number of shacks permitted in respective experience category, the remaining shacks shall be allotted to the next experience categories. The total number of shacks permitted on each beach stretches are as per Schedule – A.

(b) 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.

(c) The draw of lots will be done first for selection of the applicants followed by lots for selection of places/ /locations, 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) Licenses 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 in their absence a legal heir.

(iii) Licenses/permissions issued by this Department prior to 1998 shall not be considered for the purpose of experience in view of the Judgement passed by the Hon'ble High Court in Dinanath Mhamal's case.

3. Application in the prescribed form as per enclosure for allotment of Temporary beach shacks to be erected on identified beach stretches will be invited from the interested eligible 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.

4. 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, parents and children, provided they figure in the same ration card as that of the applicant.

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.

5. The list of eligible applicants for Temporary Shacks shall be displayed on1635 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 50 12TH MARCH, 2020 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.

6. 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.

7. The Shack Allottee shall not employ any Children below the age of 14 years as per the Child Labour (Prohibition and Regulation) Act, 1986.

8. 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. Copy of the Site Plan/Sketch shall be signed by the allottee and Tourism official and shall become the part of official record.

9. The successful shack allottee shall collect the License within a period of 15 days from the date of draw of lots and shall erect the shack within one month. No shack shall be erected before obtaining/ collecting the License from the Depar tment. The shack shall not be operated before obtaining Permission/NOC/ License from all other concerned Departments and authorities including GCZMA. Failure to comply, the license issued is liable for cancellation forthwith.

10. The beach shack allottee shall provide printed bills to its customers for food, refreshment and drinks. The price of each item to be sold shall be displayed for information of general public. The customer shall not be charged more than the printed cost of items. Copy of such rate chart shall be provided to the Depar tment for information. If any complaint of overcharging is received from any customer, the licence shall be liable to be cancelled.

11. 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 Security Deposit submitted by the unsuccessful applicant shall be forfeited to the Government Treasury and he/she shall be penalised/Black listed from applying for Shacks for a period of three years without prejudice to action for contempt of Court for violation of Hon'ble High Court and Hon'ble NGT Orders from time to time.

12. 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.

13. The License issued shall be valid for period as per allotment order only, however 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.

14. The concerned Departments shall issue respective licenses only to those shacks, which have been allotted by the Tourism Department. List of allotment shall be forwarded to concerned Departments.

15. The Tourist Police, the Tourist wardens, the Supervisors and flying squad shall maintain a strict vigil along the beaches so as to prevent erection of illegal beach shacks/illegal deckbeds. Hawkers, masseurs, vagabonds and others such as peddlers and banned substances including drinking on open beaches should not be allowed under their jurisdiction and may1636 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 50 12TH MARCH, 2020 take assistance from local Police whenever required.

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 and other for Security Deposit. 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 successful allottee shall be liable to pay the Annual Beach Shack Fees by way of Demand Draft within a period of 10 days from the date of draw of lots, failing which allotment shall be cancelled and Security Deposit shall be forfeited and said shack shall be allotted to next waitlisted applicant.

18. The fee structure to be deposited by the successful applicants who are in categories of having experience of 03 years and above as proposed in the Policy 2019- 2022 is as below:

* At stretches: 'A'= Rs. 1,00,000/- 1st year

(i.e. 2019-20)

Rs.1,10,000/- 2nd year (i.e. 2020-21)

Rs.1,25,000/- 3rd year (i.e. 2021-22)

* At stretches: 'B'= Rs.75,000/- 1st year

(i.e. 2019-20)

Rs.85,000/- 2nd year (i.e. 2020-21) 16. 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. Except for the Beach Stretches of Sauntavaddo-Calangute, for which 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. for the first 04 shacks at the entrance, balance shacks to be of the size 18 mts. (length) X 8 mts. (breadth) 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.

Rs.1,00,000/- 3rd year (i.e. 2021-22)

19. The fee structure to be deposited by the successful applicants who are in the category of having experience of less than 03 years or without experience as proposed in the policy 22 is as below:

(a) Rs. 50,000/- 1st year (i.e. 2019-20)

(b) Rs. 60,000/- 2nd year (i.e. 2020-21) 17. For the Tourist season 2019-22, 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 2019-20 along with the application processing fee of Rs. 9000/- (Non refundable) and the Security Deposit for the period 2019-22. The applicant shall

(c) Rs. 70,000/- 3rd year (i.e. 2021-22)1637 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 50 12TH MARCH, 2020 20. The annual beach shack fee shall be paid every year latest by 10th September. 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 10th of the respective year, the said beach shack allotment shall be cancelled and the allottee shall not be permitted to erect the shack for further period and the security deposit deposited by the allottee shall be forfeited to the Government Treasury without any notice.

21. Security Deposit: Each applicant shall furnish a security deposit to be paid by challan or DD drawn in favour of Director of Tourism payable at Panaji-Goa for the period 2019-22. Rs. 50,000/- (Rupees Fifty Thousand only) for shacks located in A Category beaches and Rs. 30,000/- (Rupees Thirty thousand only) for beach shacks located in B Category beaches at the time of submission of Application Forms.

22. 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.

23. 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 appointed by the Director of Tourism that the structure has been removed and land has been restored to its original form latest by 10th 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 Security Deposit will be forfeited and 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 by way of demand areas of Land Revenue.

24. 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 I.A.(North)/Supervisors, Department of Tourism, on or before 10th June, every year.

25. 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 steel, synthetic, nylon fabric, etc. for the purpose of frame work due to unpredictable weather conditions. Use of concrete material is absolutely banned. Grouting, plastering, lying of PCC/RCC on the floor/ /structure/digging of soak pits/digging and lying of pipes/metal staircases grouted in cement etc. shall not be permitted at any cost as per the guidelines issued by the GCZMA.

26. If the beach shack allottee is found to place any additional items/materials on1638 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 50 12TH MARCH, 2020 the beaches other than those permitted, a penalty of fine of Rs. 50,000/- shall be imposed to be paid within week for the first default and Rs. 1,00,000/- for second default and in case of further default violated, 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.

27. A list of all successful beach shack allottees for 2019-22 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 Administration (vii) Fire Services (viii) Member Secretary, GCZMA (ix) PWD (x) Tourist Police. A list of successful beach shack allottees for 2019-22 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.

28. 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 the permitted period, his/her application for Shack shall be rejected for a period of three years.

29. 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 eligible for any compensation.

30. The activity in the beach shack shall be restricted to sale of food items and beverages and not for any other purpose.

31. For sale of any food and alcoholic beverages, necessary license shall have to be obtained by the allottee from the Department of Food & Drugs Administration and Excise.

32. The beach shack allotted shall not be sublet under any circumstances. In case of subletting confirmed to the satisfaction of Director of Tourism, with/without documentar y evidence, a penalty of Rs. 10,00,000/- shall be imposed on the concerned Shack Allottee. Besides, the Shack license shall be cancelled, shack demolished on the spot and the security deposit shall be forfeited without notice and the said shack shall be re-allotted to the next waitlisted applicant.

33. The beach shacks allotted are subject to surprise inspections by officials of Department of Tourism and in case it is found that the allottee or his incharge/ Manager 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 and forfeiture of Security Deposit. The shack allottee shall submit the list alongwith the photographs of all the staff/workers/Manager to the Department on or before 10th October of each year.

34. Association with Nomads, Masseurs, hawkers and sale/display of any other items other than food and beverages shall be prohibited and any violation will be liable for cancellation of shack allotment and forfeit of Security Deposit.

35. The applicant 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 charge1639 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 50 12TH MARCH, 2020 sheet pending against him in any criminal Court located in India. Applicant shall give an undertaking/declaration for that effect. 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.

36. Applicant shall not facilitate or 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.

37. All co-operation shall be given to the personnel of Tourism Department, who are authorized to act in case of violation of any of these guidelines/directions.

38. The beach shack allottee shall not discharge dirty water, liquid, sewage from the toilets, wash basin or cleaning area, garbage or any dry waste on the beach, or into the sand.

39. No Objection Cer tificate of Department of Health is a necessar y condition and non-obtaining of the same shall be sufficient for withdrawal of license.

40. The beach shack allottee will be required to segregate the garbage and dispose off the same as per the provisions of Goa Solid Waste Management Rules. The shack allottee shall maintain dust bins for biodegradable waste with a lid and for non- biodegradable waste. The dustbin size shall be minimum of 50 litres with separate lids in black (dry waste), green (wet waste) and blue (plastic) to be bought and kept in designated areas.

41. Each allottee will also maintain a container to collect the waste water generated from washing, wash basin of sufficient capacity of 2000 ltrs. and more etc. and arrange to dispose the same once a day collectively by all allottees in the area through the concerned Village Panchayat/ /Municipality for which necessary fees shall be paid by the beach shack allottee.

42. 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 por tion/place of beach stretch, as enumerated in clause No. 23.

43. 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 bio-digestive toilet, 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, Pollution Control Board and C.R.Z shall verify if this criteria 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 Goa State Pollution Control Board.

44. No septic tanks, soak pits 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.

45. The shack allottee will have to pay a sum of Rs. 5,000/- per season to the Department of Tourism towards and garbage collection/disposal by the agency appointed by the Department.

46. 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.

47. 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.

48. The beach shack allottee shall display menu board of the size 4 ft X 5 ft indicating list of food-items/rates at the entrance of the Shack. In any case no standees shall be allowed to be installed outside the shack or on top of the shack. In case of violation, the boards shall be confiscated and security deposit shall be forfeited.

49. 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.

50. 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 shall be liable for cancellation in case of such complaints received, after due verification.

51. The Department reserves the right to make adjustment as regards to demarcation of shacks depending upon the site condition/availability of space.

52. No foreigners shall be permitted to work in any shack even though he/she may have necessary visa for work.

53. 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.

54. 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 are allowed. Amplifier beyond 25 watts RMS is prohibited. All conditions as per Goa State Pollution Control Board norms as prescribed under the Noise Pollution (Regulation & Control) Rules, 2000 shall be strictly followed. Any music system comprising speakers and amplifiers beyond the permissible limits as aforesaid shall be confiscated. Violation of this clause will liable for cancellation of shack license.

55. Each shack allottee shall have to compulsorily install CCTV camera surveillance system within 15 days of start of the season conforming to the specifications, if any, issued by the Department 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 day and night hours at the beach shack. The CCTV installation will be inspected by the Tourism Department, Police Department and Information Technology who will certify that the CCTV installation is in working condition.

56. 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 License.

57. The Government designated enforcement cell/flying squads with powers to the designated Officers/Executive Magistrates shall do surprise inspection and demolish illegal shacks and confiscate deck-beds, tables, chairs or any other material so not permitted etc. and impose penalties and recovered cancellation of license for the rest of the season for habitual violations. If required, Director of Tourism shall use JCB/any other equipments as required for demolition of illegal shacks/ removal of other additional items.

58. Hookahs, extra tables, chair, pool tables etc. shall not be allowed within and around the shack.

59. The successful shack allottee shall compulsorily submit 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/Allottee, 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. The CCTV footage/recording will be viewed to verify sub-letting etc.

60. The shack allottee individually and collectively shall take every care to keep the beach litter free and the responsibility thereof shall lie on the shack allottee.

61. All ser vices and other products including food and beverages sold in the shack shall be subjected to Goods & Services Tax(G.S.T.)/Value Added Tax (VAT) as determined by the Depar tment of Commercial Taxes.

62. The Electricity department shall issue temporary electricity connections to the shacks allotted by the depar tment of Tourism and the Public Works Department/ Public Health Engineering shall grant temporary water connections to the shacks wherever possible. Each allottee shall obtain potable water for their use from certified sources only.

63. The successful shack allottee is liable to pay any service taxes and other taxes as may be applicable under the Central Excise Act.

64. The Depar tment shall create a Whatsapp group beach stretch wise and the shack allottees in their respective beach stretch shall disseminate the information about violation of any of the condition of the shack policy and the provisions of the Goa Registration of Tourist Trade Act and Tourist Places (Protection and Maintenance) Act.

65. 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.

66. If any of the clauses of this shack policy is found violated by the shack allottee, the security deposit shall be forfeited at once and licence/permission granted shall be liable to be cancelled. The Tourism Department shall have the power to suspend the license incase of any violation of clauses of the shack policy by the allottee.

67. As far as turtle nesting beaches identified as such, by the Forest Depar tment/Wildlife unit/Competent Authority are concerned, the following conditions shall apply:

(1) No licenses shall be issued in Morjim and Mandrem, Galgibag and Agonda beaches without there being a specific permission from Goa Coastal Zone Management Authority (GCZMA).

(2) The following recommendations as suggested by Forest Department shall be scrupulously followed by the shack allottees on Morjim and Mandrem beaches:-

(i) No beach beds to be set up in the intertidal zone. The existing practice in Morjim is to lay the beach beds very close to the waterline leaving little scope for the turtles to move up;

(ii) The beach shacks to desist from installing any outdoor illumination. The indoor lighting should also be muted and provided with opaque shields on sea facing side;

(iii) Playing of loud music by the shacks beyond 06.00 p.m. and holding of beach parties to be prohibited;

(iv) Movement of any automobile on

the beach to be prohibited;

(v) It should be made incumbent upon the shack licenses to play a proactive role in ensuring conductive condition to the mare turtles besides information sharing with staff of Forest Department which monitors the entire coast.

(vi) Anybody found violating these recommendations shall be liable to pay compensation of Rs.1.00 lakh for each violation and the compensation shall be recovered by Goa Coastal Zone Management Authority (GCZMA). In case, the amount of compensation is not paid by the delinquent/s his/their case shall be referred to the Tribunal for seeking necessary orders in that regard.

(vii) The Forest Depar tment, Government of Goa to keep vigilance along the said beaches and report incidence of any violation of the said recommendations to Goa Coastal Zone Management Authority (GCZMA) for further action.

(viii) Goa Coastal Zone Management Authority (GCZMA) shall promptly act upon the report made by Department of Forest, Government of Goa in respect of violations of their recommendations.

(ix) In case of habitual violators of the said recommendations the Goa Coastal Zone Management Authority (GCZMA) shall revoke the license granted to shack owners/operators and remove/demolish shack/structure in accordance with law.

(3) 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.

(4) 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.

(c) Playing of loud music.

(d) Display of fireworks as these can have adverse effect on the tur tles nesting.

(5) The shack allottee shall inform of any incidents of nesting, and shall actively co- operate with the forest staff, in protection of turtle, turtle nesting site, turtle eggs hatching etc.

B. Terms and conditions for issue of permission 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 repor t 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 deckbeds and umbrellas to be allowed to the hotels having property adjoining public beach area only by charging a fee of Rs. 5,000/-per deck-bed and umbrella per season 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 Depar tment from the outer boundary of the hotel property, whichever is less, 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 beds1643 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 50 12TH MARCH, 2020 does not cause inconvenience to general public by specific order issued by the Department by charging fees of Rs. 3500 per deckbed and umbrella per month.

3. 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. 10,000/- per season 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 @ of Rs. 1000/- per month 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.

4. 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. 7,000/- for 08 deckbeds per season for placing deck beds/umbrellas shall be charged. The permission shall be valid from 15th September till 31st of May of particular tourist season.

5. 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. 2 and 3 above. This would lessen the congestion on the beach and allow free movement of tourists and other persons.

6. The Security deposit for Hoteliers shall be Rs. 1,000/- per deck bed (refundable) and for of Unemployed Youth the security deposit shall be Rs. 500/- per deck bed and umbrella per season valid from 15th September till 31st of May of particular tourist season.

7. 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 and they shall be debarred from further allotment.

8. The Un-employed Youth have to submit a declaration that he/she is Un-employed and is not carrying out any business activities like Water Sports etc. In case, if it is found that the Un-employed Youth carrying out any business activities, the Security Deposit will be forfeited and the license will be revoked forthwith. The placement of any additional deck-beds/ umbrellas by the Un-employed Youths without permission/license shall be treated as unauthorized/illegal and same shall be seized and confiscated/dismantled by using chain saw/cutter on the spot. Any unauthorized deck-beds shall be treated as nuisance as defined under the Goa Tourist Places (Protection & Maintenance) Act, 2001 and which will lead to forfeiture of the Security Deposit.

9. 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;

(c) Inconvenience the public or tourist 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.

10. 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, umbrella, tables, chairs etc. shall be treated as nuisance as defined under Goa Tourist Places (Protection and Maintenance) Act, 2001 and the violator shall be prosecuted under section 10 of the above Act 2001.

11. All such deck-beds and umbrellas shall be removed immediately after 31st of May of that particular tourist season.

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. 50,000/- 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. 75,000/- 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 12th 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 is permitted.

D. Permission for erection of Base Station, Beach Watch Towers Public Utilities Comprising of Changing Rooms, Shower Rooms, Cloak 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 maintained 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 maintained for fishing and related activities.

The Department may not allow any activities/permission in the area where fishing activities are carried out.

Removal of Difficulties: 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.

G. Terms and conditions for registration of temporary beach shacks and temporary huts in private properties.

Temporary shacks/tents and huts to be erected on private properties shall be registered under the Goa Registration of Tourist Trade Act, 1982 as per the following terms and conditions subject to the condition that all such temporary structures should have valid permissions/NOC from the Village Panchayat or Municipal Councils/local self-governments.

1. Applicant shall submit duly filled-in application alongwith following documents:

(i) Property ownership documents with clear title/valid permission/NOC from local self-governments like Municipalities and Panchayats in the prescribed format as per Annexure.

(ii) Form I & XIV (Recent)

(iii) Site Plan & Survey Plan

(iv) NOC/Approval from GCZMA in CRZ areas

(v) Three Passport size recent coloured photographs (two copies with the name written on the back and one attached to the application).

(vi) The cost for the application form shall be Rs. 3,000/- non-refundable in form of a Demand Draft drawn in favour of Director of Tourism payable at Panaji from any Scheduled Commercial Bank only.

(vii) The fees and the security deposit shall be as below:-

Area of erection of Fees and security deposit Fees for huts

the shack for shack in private area A.C. huts/tents Non A.C. huts/tents

All Private Rs. 25,000/-(Per tourist season) Rs. 5,000/- per hut Rs. 2,000/- per hut per properties per shack of size 18m x 8m. for per tourist season. tourist season per hut.

every additional square meter, Security deposit will Security deposit will additional fees payable will be be Rs. 2,500/-per hut. be Rs. 1,000/- per hut Rupees 500 per square meter subject to maximum size of 24m x 12m of shack. Security deposit will be Rupees twenty thousand per shack.

(viii) The shack fee/hut fees shall non-

refundable and shall be paid by challan.

(ix) A refundable Security Deposit as mentioned above shall be paid by challan and deposited in Govt treasury should also be along with the application form. The security deposit will be forfeited in case of violation of any terms and conditions of this policy.

By order and in the name of the

Governor of Goa.

Menino D'Souza, Director & ex officio Joint

Secretary (Tourism).

Panaji, 2nd March, 2020.

b. To implement the decisions taken during the periodic meetings of the members of the IPSCDL.

2. The grants would be released in the 50:50 Central-State sharing pattern on receipt of share from Central Government.

3. Any portion of the grant which is not ultimately required shall be refunded in cash to the Government Treasury without which subsequent grants will not be released to IPSCDL. After utilizing refunding the above sanctioned amount, an Utilization Certificate should be furnished to the sanctioning authority as required under G.F.R. 19.

———ttt———

Department of Urban Development

Municipal Administration

__

Notification

14/DMA/STAT/PoA-SCM & AMRUT/ /2019-20/3854

Sub.: Pattern of Assistance for releasing Grant-in-Aid to Imagine Panaji Smart City Development Limited (IPSCDL) through Directorate of Municipal Administration.

The Government is pleased to approve the Pattern of Assistance for the Imagine Panaji Smart City Development Limited (IPSCDL)- Special Purpose Vehicle incorporated under the Companies Act, 2013, as specified below:—

1. Annual Grant-in-aid will be sanctioned to the Imagine Panaji Smart City Development Limited (IPSCDL), by the Government to implement Centrally Sponsored Schemes viz. Smart City Mission (SCM) (50:50) & Atal Mission for Rejuvenation and Urban Transformation (AMRUT) (50:50) for the following purposes:-

a. To fulfill all the aims and objectives of the Imagine Panaji Smart City Development Limited (IPSCDL) as enshrined in its Memorandum of Association.

4. The equipment purchase & assets created with the aid of the grant will vest in the Government. The Grantee shall maintain a register in Form G.F.R. 19 of the permanent and semi-permanent assets acquired wholly or partly out of the Government grants. The register shall be maintained separately in respect of the grants sanctioned and an extract from the register shall be furnished to the Government annually with the audited accounts after the close of the financial year. Such assets shall not be disposed off, encumbered or utilized for the purpose other than those for which the grant was given, without prior approval of the Government.

5. The IPSCDL will appoint a qualified Chartered Accountant to get their accounts audited. However, the accounts will be subject to concurrent audit by the statutory auditor of Government i.e the Office of the Sr. Dy. Accountant General, Panaji. The accounts of the grants shall be maintained separately and properly from its normal activities and submitted as and when required.

6. The audited statement of accounts showing the expenditure incurred by the Grantee from the grants shall be furnished to the Government within six months after the close of the financial year together with a certificate from the Auditor to the effect that the grant was utilized for the purpose for which it was sanctioned.

7. A performance-cum-achievement report specifically detailing the achievements made by the Grantee with the Government grants should be furnished to the Government within six months after the close of the financial year.

8. The Grant-in-aid sanctioned shall be drawn on pre-receipt, duly countersigned by the Managing Director/CEO, IPSCDL who also shall maintain necessary registers and ensure compliance of all the conditions by the Grantee.

This is issued with the concurrence of Finance Department vide their U.O No. 5629 dated 05-02-2020.

By order and in the name of the

Governor of Goa.

Dr. Tariq Thomas, IAS, Director & ex officio

Joint Secretary (Urban Development).

Panaji, 26th February, 2020.

———ttt———

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