Goa Gazette, No. 2021-21, 20 August 2020

Reg. No. G-2/RNP/GOA/32/2018-2020

RNI No. GOAENG/2002/6410

Panaji, 20th August, 2020 (Sravana 29, 1942) SERIES I No. 21 PUBLISHED BY AUTHORITY

NOTE

There are three Extraordinary issues to the Official Gazette, Series I No. 20 dated 13-08-2020, namely:—

(1) Extraordinary dated 14-08-2020 from pages 723 to 724, regarding Notification from Department of Finance.

(2) Extraordinary No. 2 dated 17-08-2020 from pages 725 to 760 regarding Notifications from Department of Law.

(3) Extraordinary No. 3 dated 19-08-2020 from pages 761 to 766 regarding Notification from Department of Home.

INDEX

Department Order/Notification Subject Pages

1. General Administration Not.- 23/1/87-GA&C(VoI.II)/1033 Business of the Govt. of Goa 767 Under Secretary.

(Allocation) (34th Am.) Rules, 2020.

2. Fisheries Not. DF/AQUA/NAT-MARI- Goa State Maniculture Policy. 768 Dir. & ex off. Jt. Secy. -POLICY/2020-2021

3. Public Works Not. 22-24/PWD/PCE-EO/ Goa Telecom Infrastructure Policy, 2020 780 Principal Chief Engineer /2020-21/20 ex off. Addl. Secy.

GOVERNMENT OF GOA

Department of General Administration __

Notification

23/1/87-GA&C(VoI.II)/1033

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- -fourth 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, at Serial No. 8, under the heading "Department of Finance",—

(i) in clause I, item (l) shall be omitted; (ii) after clause V, the following clause

shall be inserted, namely:—

"VI. Public Private Partnership (PPP Division).—

(a) Convention Centre.

(b) Any other PPP projects as may

be decided by the Government.

(c) Policy related matters in respect

of PPP".

By order and in the name of Governor of

Goa.

A. S. Mahatme, Under Secretary (GA).

Porvorim, 13th August, 2020.

Department of Fisheries

Directorate of Fisheries ___

Notification

DF/AQUA/NAT-MARI-POLICY/2020-2021

GOA STATE MARICULTURE POLICY 2020

cages/pens, or in tanks, ponds or raceways which are filled with saline water)- represents an opportunity to provide a sustainable supplement or an alternative to the marine capture fishery. It is also a means of diversifying the fisheries sector, introducing new skills and technologies into a largely traditional and somewhat static sector of the economy. Mariculture can increase employment and income in areas with marginal economies as well as advance coastal zone management objectives through improved marine resources planning and management. Under ideal circumstances, it could lead to the reduction of foreign exchange expenditure for the importation of fish and fish products, as well as provide a source of foreign exchange through product export. Presently, the relatively low capital input required makes it an opportunity that is accessible to lower socio economic groups.

The sea cage farming is one of the latest emerging technologies for intensive production of fish in the field of mariculture. It is viewed as a major option for increasing seafood production and has been expanding rapidly in many parts of the world. In India, -sea cage farming is still in its early development stage, while it is in its infancy in the State of Goa. There are no open sea cage farms installed in the State besides a pilot project initiated by the Department of Fisheries, Goa at Talpona, Polem, Nuvem in Canacona Taluka of which the results are appreciable. There is a need felt to consider open sea cage farming as a commercial activity so as to augment the seafood production in a sustainable manner. However, the State of Goa has no water leasing policy for this new technology and as such it becomes necessary to formulate a policy for leasing the open waters to meet the requirement of the sector.

1. Preamble:— Historically, seafood is considered as a primary source of protein, and has formed an important component of the human diet. The increasing demand for fish has put a tremendous pressure on fisheries. It has been well established that global fish catches rose steadily over much of the 20th century, peaked in the 1980s and has been steadily declining since then. Over 80% of global fish stocks are either over- exploited or fully exploited or depleted thus, requiring effective and precautionar y management. Fish stocks on continental shelf areas are now widely considered to be fully or over exploited. Overfishing (particularly of the nearshore fishery), has resulted in a significant decline in catch per unit effort implying that an increasing number of fishers are catching the same amount of fish harvested by lesser number of fishers about a decade ago. Consequently, there is a proliferation of illegal fish catch methods, harvesting of larger number of juveniles, and spiralling of fish prices. Fish harvests are now believed to be at a "stabilised low" as stocks are continuously overfished. Moreover, owing to dwindling catch rates in the capture fisheries, many of fishers have been rendered unemployed. Further, the growth in human population has necessitated additional stock of seafood. Thus, in the above context, there is a need to shift from complete dependence on capture fisheries regime to other forms of fisheries such as culture fisheries in marine waters.

Goa Fisheries: Current Scenario Mariculture— (a specialized branch of aquaculture involving the cultivation of marine organisms for food and other products in an enclosed section of the sea such as

The State of Goa is the smallest maritime State of India having a total of 104 km long coastline. There are 3652 fishing crafts768 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 21 20TH AUGUST, 2020 operating in the State's coastline for marine fishing, of which 1104 are mechanized, 1495 are motorized and 1033 boats are non- motorized. Trawlers account for 30% of the mechanized boats. There are six major fish landing centres in Goa, out of which four are under various stages of up-gradation. There are 39 fishermen villages of which 23 belong to North Goa and 16 to South Goa District. The total fishermen population in Goa is 10,545 as per the Marine Fisheries Census 2010 conducted by Central Marine Fisheries Research Institute. There are 32 fishermen co-operatives in the State and include societies belonging to the mechanized and non-mechanized sector. The total fish production of the State in 2017-18 was 118465 tonnes. In the marine fisheries sector, the Goa Marine Fishing Regulation Act and in the Inland fisheries, the Reservoir Fisheries Policy, 2012 are the principal legislation/policy for managing fisheries.

2. Objectives of the policy.— Consistent with the Government's desire to ensure maximum economic returns to the State from aquaculture, while simultaneously benefitting the stake holders and the environment, the Department has formulated a leasing policy with the following objectives:

i. To encourage responsible offshore aquaculture which is in harmony with principles of ecological integrity and natural resource conservation.

ii. To introduce systematic management strategies both for conser vation and sustained fish production.

iii. To increase per capita fish protein

availability.

iv. To introduce advanced technologies

in addition to traditional methods.

v. To develop skill among fisher community and organizational strengthening among self help groups.

vi. To encourage artisanal fishers to take up offshore open sea cage culture such that they shift from capture fisheries regime to culture fisheries regime and to extend all necessary assistance in this regard.

vii. To generate gainful rural employment

for fishing communities.

viii. To generate substantial revenue for

the state.

ix. To regulate offshore aquaculture for optimal and sustainable resource use for domestic and export market development.

x. To attract investments from private

sector.

xi. To promote private-public investment in fisheries entrepreneurship and research activities for offshore aquaculture activities such that the rent is optimized sustainably both to the stakeholders, fisher community and the State.

xii. To ensure that there is no conflict with the genuine interests of other users of water body.

3. Leasing policy.— Lease and leasing

procedures

3.1) Principles

Principles considered to frame policy for open sea cage culture in open water body for farming.

• Zonation of open water bodies

Mariculture in open water bodies is diverse and region specific. Zonation plans in GIS formats with the help of competent bodies/research institutions will be drawn as and when required.

• Common property use conflicts

Mariculture activities such as open sea cage cultures in open water bodies when permitted by the State will not hinder/cause disturbances for navigation, fishing and other users.

• Carrying capacity

Open water bodies have limited biological productions and as such the769 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 21 20TH AUGUST, 2020 State in consultation with competent bodies/research institutions will define the limits.

• Leasing authority

The leasing policy and management will rest with a single entity so that full potential of the objectives may be established.

• Environmental protection

The polluter pays principle will be applicable to open water bodies so as to minimize environmental impacts.

Pre and post EIA (Environmental Impact Assessment) may be requested.

• Conservation of Aquatic ecosystems

Aquatic ecosystems are sensitive to changes caused by human activities, hence activities will take into consideration to conserve the native aquatic biodiversity.

3.2) Classification— Zonation of Marine

Waters for cage farming

A) Zone A to be avoided for open sea

cage farming:

Ecologically and strategically sensitive zone in the Exclusive Economic Zone (EEZ) - Active fishing zones and zones close to harbours/fish landing centres and navigation channels, area around defense establishments and other buildings or facilities of strategic importance, points of industrial effluent discharge, sewage pollution, heavy freshwater discharge by rivers, explosives dumping, presence of infrastructures such as under water pipelines, telecom cables, and areas of historic ship wreck are to be avoided during site selection. Farming will not be allowed in river mouths, estuaries, backwaters, lagoons and passages to fishing grounds, marine sanctuaries, marine protected areas, coral reefs, mangroves, areas under coastal management plan, breeding grounds and other environmentally sensitive areas.

B) Zones B where offshore aquaculture activity in the form of open sea cage farming is permitted. This zone will be further classified based on distance from shore.

Zonation and demarcation of the marine waters for mariculture in the form of offshore sea cage culture purposes will be done with expert consultation with all relevant institutions and stakeholders and this information will be notified to the public and stakeholders.

The Director of Fisheries will constitute an exper t committee consisting of members of relevant bodies/institutions who will help in delineating the coast into different zones. Further, zones where offshore sea cage culture is permitted, the committee will issue detailed geographical coordinates.

Prior to commencement of farming, the suitability of the proposed site will be approved and certified by a competent research organization taking into consideration whether the site falls in Zone A or B, the level of pollution and the biological suitability.

3.3 Offshore aquaculture input

management

3.3.1) Selection of site.— The carrying capacity of the environment, as per the nature of the site, has to be given prime importance while undertaking sea cage farming.

a) The site suitable for different mariculture activities such as cage farming, bivalve farming, pen culture, hatcheries and nurseries will be identified in consultation with competent770 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 21 20TH AUGUST, 2020 bodies/research institutions/marine surveyor.

The suitability of the site plays an important role in determining the economic viability of farming. The sea cage site has a direct bearing on operational cost, fish mortality, production and overall profitability of farming operation.

b) Site selected should provide optimum water quality to avoid stress conditions and achieve maximum growth of farmed fish, and ensure proper and secure installation of cages, logistic and other support for supply of inputs, harvesting and marketing of fish. In addition to water and sediment quality of the site some biological and natural distribution information for the species should also be known before a site is selected for cage culture.

c) Change of site after a number of

crops should be mandatorily done as

(i) Cage cultures releases waste to the aquatic environment in the form of uneaten feed, feces and other debris which accumulates beneath the cages resulting in reduction in dissolved oxygen thus leading to hypoxia. Semi- exposed/exposed sites having good tidal flushing may be selected to prevent accumulation of wastes at the bottom of the cage.

(ii) Adequate spacing should be kept between cages and farms in order to reduce the spread of diseases as cage culture can also introduce diseases, transmit parasites and cause changes in aquatic flora and fauna.

(iii) Indiscriminate use of antibiotics and their release into aquatic environment may result in development of antibiotic resistant bacteria.

3.3.2) Stocking of species

3.3.2.1) Species

(a) Species selected for farming in floating net cages requires a fish variety that meets the following criteria

i) High valued species - suitability for marketing, commercial importance, consumer acceptance.

ii) Hardy and tolerant species - easy to culture, easy adaptability to the cage environment, faster growth rates, resistant to common diseases.

iii) Ability to accept external source of food - should be able to accept external source of food under confined conditions.

Food from external source may be (a) natural eg. trash fish or (b) artificial eg. dry formulation.

(b) The species which are banned by State/Central Government should not be stocked.

3.3.2.2) Species seed

Quality of species seed is of vital importance.— (a) Seed should be healthy and free from disease.

(b) Purchase of seeds would be from recognized list of marine fish hatcheries prepared by and approved by the Department of Fisheries.

(c) Seeds produced in Indian hatcheries having screening mechanism for viral and bacterial diseases may be preferred.

(d) Carnivores fishes having high FCR

may be selected for farming.

(e) Seeds when imported may be quarantined for a period of 14 days and screened for viral and bacterial diseases may be allowed.

(f) Seeds with genetic deformities shall

not be farmed in cages.

(g) Stocking sizes in cages will be defined by the Director of fisheries for each species.

3.3.3) Materials, design and installation

of sea cage

Material used for sea cage fabrication should be sturdy enough to withstand the rough sea conditions of the Indian Seas.

Design of net cage should ensure proper water flow that enhances water quality, reduces stress, improves feed conversion and allows holding of more fish.

Adequate spacing between installed

cages should be maintained.

Use of antifouling paints toxic to the

environment should be avoided.

3.3.4) Feed

(i) Any material used for feeding should meet recommended guidelines as prescribed by the Department/ /Competent Authority from time to time.

(ii) The feed should have physical properties suitable for the fish to consume it with minimum loss of nutrients in water.

(iii) The feed should be good in

palatability and digestibility.

(iv) The feed should ensure higher fish growth and better feed conversion ratio.

(v) The feed should have optimum

water stability.

(vi) The feed should be free from

prohibited chemicals and antibiotics.

(vii) Feeds having very good quality raw materials only will be permitted for cage farming.

(viii) Weaning feeds with high protein levels and fiber content may be selected.

(ix) Quality standards of the grower feeds also will be clearly defined for each species.

3.3.5) Good management practice

(i) Over stocking of fish fingerlings

should be avoided.

(ii) Growth rate at appropriate time

intervals to be monitored.

(iii) Farmed species to be fed with good

quality and right quantity of feed.

(iv) Regular cleaning and exchange of net cages for effective water exchange to be carried.

(v) Antifouling paints and chemicals

shall be avoided.

(vi) Periodic monitoring of physico- chemical and biological water qualities to be undertaken.

(vii) Regular observation of fish

behaviour to assess health status.

3.3.6) Diseases and Treatment Protocols

Good hygiene always prevents diseases in a good farm however in the event of any disease out break.

1. No antibiotics will be permitted in hatcheries, nurseries or in cages during farming.

2. Vaccinations of the seeds against common viral or bacterial diseases before introducing in the cages as per international standards may be used.

3.3.7) Safety Requirements:

The sea cages being situated in the sea can either be at risk due to natural factors or can be a source of risk hence adequate safety measures are required to be taken to prevent accidents including loss of life.

(a) Personnel safety

(i) Life saving equipments such as life buoys/jackets, communication devices and first aid boxes at the cage site should be mandatory.

(ii) During operations and maintenance of the cages, personnel should be wearing life jackets at all times.

(b) Position of sea cages

The location of sea cages and their moorings should be alerted to other fishing crafts and seafarers by using devices such as Maritime signal flags and solar beacon lights.

3.4) Lease sanctioning authority

3.4.1) Registration Authority

(a) The Coastal Aquaculture Authority is empowered to regulate the activities connected with coastal aquaculture in coastal areas and matters connected therewith or incidental thereto. The states are empowered to regulate and manage fisheries in their territorial waters extending from the coastline up to 12 nautical miles off the coastline towards the sea and all maritime states have enacted the Marine Fishing Regulations Acts since 1980. The area from 12 nautical miles to 200 nautical miles within the Exclusive Economic Zone (EEZ) comes under the jurisdiction of the Union Government. Hence, the Director of Fisheries is empowered to issue licence to offshore aquaculture within 12 nautical miles of the territorial waters.

3.4.2) Powers of Lease Sanctioning

Authority

(a) The Director of Fisheries shall promulgate such regulations as necessary and appropriate to carry out the provisions of this policy. The Director may at any time amend such regulations and such regulations shall, as of their effective date, apply to all operations conduct pursuant to licences issued under the provisions of this policy, regardless of the date of the issuance of such licence.

(b) The Director of Fisheries shall have the authority to enter into and perform such contracts, leases, grants or co- operative agreements as may be necessary to carry out the purposes of this policy and on terms as the Director deems appropriate.

(c) The Director of Fisheries shall consult as appropriate with other government agencies, coastal states and regional fisher y management organizations to ensure that offshore aquaculture facility for which licence is issued under this section is compatible to be used in the Exclusive Economic Zone, or in the presence of navigation, fishing, resource, recreation, national defense, mineral exploration/development and other activities.

(d) A licence issued for offshore aquaculture will be subject to other laws and regulations promulgated by the State/Union Government relating to defence concerns or environment protection in the Exclusive Economic Zone.

(e) The Director of Fisheries is authorized or can appoint an authorized officer to issue licence.

(f) The Director of Fisheries or any other authorized officer shall establish the terms, conditions and restrictions that apply to offshore aquaculture/cage culture licence and shall specify in the licence the duration, size and location of the offshore aquaculture facility.

(g) The Director of Fisheries is authorized or can appoint an authorized officer to establish through regulations the issuance of licence, application fees and annual licence fees.

(h) The Director of Fisheries may reduce/waive the applicable fees or other payments established under this policy in case of research by Government Institutions.

(i) The Director of Fisheries may charge a nominal fee for the poor, artisanal fisherfolk, Self Help Groups773 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 21 20TH AUGUST, 2020 (SHG), associations, co-operative societies.

(j) The Director of Fisheries may require the licence holder to post a bond or other form of financial guarantee, in an amount to be determined by the Director as sufficient to cover any unpaid fees, the cost of removing an offshore aquaculture facility at the expiration or termination of an offshore aquaculture licence, remedial measures or compensate the loss of pollution caused and other financial risks as identified by the Director.

(k) The Director of Fisheries shall reserve the right to accept or reject any or all applications without assigning any reason thereof.

3.5) Issuance of licence

(a) The Director of Fisheries or any other authorized officer is the competent authority for the issuance of licence for any offshore aquaculture activity in the territorial waters of Goa. Legal provisions to be evolved to declare that the Director of Fisheries or an authorized officer is the competent authority for the issuance of licence for any offshore aquaculture activity in the territorial waters of Goa.

(b) The Director of Fisheries may authorize any Government/Private research institution to conduct a baseline study to understand the native ecology of the area. Other studies may be conducted during the implementation of the project or at periods to be specified by the Director of Fisheries.

(c) The applicant for open sea cage offshore aquaculture facility shall submit an application with a detailed proposal to the Director of Fisheries specifying the proposed location, type of operation, marine species to be propagated/reared/ /cultured/bred at the offshore aquaculture facility, design, construction and operational information as specified by the regulation.

(d) The licence will be issued for a period of ten years on leave and licence basis renewable for further period as desired by the Director of Fisheries or any other authorized officer deems fit.

(e) The Director of Fisheries or any other authorized officer shall either issue or deny a licence after scrutiny of the submitted applications and satisfying that all applicable and regulator y requirements as specified by the regulations are met.

If the Director of Fisheries or any other authorized officer is unable to issue/deny a licence within a specified time period, the Director of Fisheries or any other authorized officer shall provide a written notice to the licence applicant indicating the reasons for the delay and establishing reasonable time limit for issuing/denying the licence.

(f) The Director of Fisheries reserves the right to cancel the licence if any of the Terms and Conditions/Guidelines are found to be violated by the Licence Holder with the imposition of fine.

3.6 License and implementation module

1. The terms, conditions and restrictions that apply to offshore aquaculture licence along with the fee, duration, size and location to the offshore aquaculture facility will be specified in the licence.

2. The licence issued would also specify the right to farming on/in sea surface/sea column/sea bed or the entire region from sea surface to sea bed.

3. The licence will specify the species of fish authorized to be kept, bred, hatched or cultured under the lease.

4. The licenced area for open sea cage farming shall be based on the total water spread and the fee stipulated will be as follows:—

Sr. No. Area Nominal fees

(Rs. per annum)

1) Upto 500 sq.m Rs. 500/-

2) 500 to 1000 sq.m Rs. 1000/-

3) 1000 to 2000 sq.m Rs. 2000/-

4) 2000 to 4000 sq.m Rs. 4000/-

5. The cages may be of specified dimension such as circular cage of minimum diameter of 6 m and a depth of 4 m or rectangular cage of 96 cubic meter volume (6m x 4m x 4m).

6. Leasing method: Sealed tender cum open auction may be adopted for leasing of area for open sea cage farming at place identified by any Scientific Institute recognized by Central/State Government on leave and licence basis.

7. Lease preference

i. Government may lease the open sea water to interested farmer/ /entrepreneur/self help groups/local fishermen of the area on leave and licence basis.

ii. The Government may lease the open area without tender cum open auction to the Fishermen/ /Fisher women or Fishermen Co- operative Society (FCS) of the area of operation on leave and licence basis. However, they will have to pay the prescribed licence fees to the Government.

iii. Upon expiry of maximum number of renewals, preference will be given to new applicants so that other applicants too may be given a chance.

8. Eligibility conditions of the

applicant

The applicant for an offshore

aquaculture licence holder must

(a) be a resident of the State of

Goa.

(b) Fish farmer/fishermen co- operative societies/SC/ST-Co-operative societies/Self help groups/private entrepreneurs/Government agencies/ /Private agencies/NGOs/are eligible for taking lease of open water body for installation of open sea cages.

9. The applicant for open sea cage offshore aquaculture facility shall submit an application with a detailed proposal to the Director of Fisheries specifying the proposed location, type of operation, marine species to be propagated/reared/ /cultured/bred at the offshore aquaculture facility, design, construction and operational information as specified.

10. Any new design, components, innovative technologies shall be certified by competent authorities and the same shall be submitted along with the application.

11. The applicant shall also submit a resume or other documentation as evidence of technical expertise and capability to implement the proposed project.

12. The applicant shall submit approval and certification from the competent authorities taking into consideration whether the proposed site falls in Zone A or B, the level of pollution and the biological suitability of the site.

13. Lease period

(i) Licence will be issued on leave

and licence basis.

(ii) Lease period may ordinarily be for ten years with 10% increase in lease amount for every term of extension.

(iii) Lease period may be extended for another term as desired by the Director of Fisheries or any other authorized officer deemed fit, subject to satisfactory performance of the licence holder.

(iv) Further renewal after one plus one term may be allowed at the775 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 21 20TH AUGUST, 2020 discretion of the Director of Fisheries or any other authorized officer. However, preference may be given to new applicants so that other applicants may be given a chance.

(v) A licence will ordinarily remain in force for a period of one term from the day on which it is granted or renewed.

(vi) Inactive leases that are being held by licence holders who are not utilizing them shall not be extended.

(vii) No licence fee is required for

State funded research institutions.

(viii) A ten year licence would be issued to private research institutions provided they satisfy requirements laid down by the existing laws or prescribed by the Director of Fisheries for this purpose.

(ix) The lease amount and security deposit shall be forfeited in case the Licencee decides to discontinue the lease before the completion of lease period.

14. Successful applicants for licence will be required to deposit a security bond with the Department within 15 days of a written notice requesting the bond.

15. An agreement of leave and licence shall be executed between the successful applicant and the Department of Fisheries.

16. The successful applicant shall be solely responsible for obtaining all necessary prior permissions from the Depar tment of Fisheries and other competent authorities for installation of cages in the sea.

17. After the cages are registered and prior to stocking, the sediment and benthic faunal assemblage study may be done. Similar study may be done and corrective measures taken if negative impacts are observed and identified.

18. Marking of boundaries for

installation of cages

(i) Boundaries for installation of cages would be clearly marked for day and night navigation so that safety of other users of the waters is not jeopardized.

(ii) Marking of boundaries shall be done in such a way that it provides additional protection to the lease holder by reducing the possibility of damage to floats, lines, markers etc. by unwary vessels.

(iii) Marking of the boundaries shall be according to the geographical co- ordinates issued by the Department of Fisheries.

(iv) Marking of the boundaries will be done exclusively at cost to licence holder and by the licence holder.

19. The licencee should stock the fish seeds at his/her/their cost and conduct fishing only in accordance with the Regulations stipulated by Government in the presence of the staff from Fisheries Depar tment. The Licencee should employ his own staff for fish seed stocking, judicious exploitation and weighment of fish, conservancy and over all fishery management. The Licencee should furnish the details of men at work in advance to the Fisheries Department.

20. The species which are banned by State/Central Government should not be stocked.

21. The Licencee should purchase the fish seeds from recognized list of marine fish hatcheries approved by the State Government/Central Government. If seeds are not available in adequate quantity in Government approved hatcheries, the Licencee shall get written permission from Fisheries Department for private purchase of fish seeds.

22. The Licencee should keep records of all the information regarding the species stocked. The Director of Fisheries reserves the right to call for production of any data or documents or information or otherwise collected or generated by the farmer.

23. A scientific or community welfare initiative that contributes to marine fishery stock enhancement and conservation would be permitted. Free access should be provided to government institutions engaged in teaching research and extension activities in fisheries. However, prior written permission should be sought from the Director of Fisheries. Any scientific study to be conducted may be permitted with prior approval of Director of Fisheries and other competent authorities.

24. The Licencee should conduct fishing by employing the local people. The number of fishermen, net and mesh regulations will be based on fisheries management and the decision of the Director of Fisheries concerned in this regard will be final. Engaging non local people shall be resorted to after getting written permission from the Director of Fisheries concerned only if the local people are not coming for ward for fishing.

25. A report on details of species-wise fish landings every month should be furnished to the Director of Fisheries on or before 5th of the succeeding month by the Licencee.

26. The Licencee shall also state the name and address of their permanent Authorized Representative/Manager if any for managing the day to day operations during the lease period. Unauthorized persons will not be permitted to carry out fishing operations.

27. Continuous farming for several years at the same site in sheltered areas is to be avoided and the licencee should mandatorily apply to the Director of Fisheries for a change site before the harvest of two number of crops.

28. At the expiration or termination of an offshore aquaculture licence for any reason, the Licencee shall remove all structures, gear and other property from the site and take other measures to restore the site in original condition.

29. The Licencee will be responsible to routinely examine the cages for fouling of cage nets and other structures by algal mats, shellfish etc. and shall carry out necessary repairs or take other measures, with prior intimation to the Department of Fisheries.

30. No dumping, throwing of any type of wastage, dead fish or their viscera shall be allowed into the sea.

31. The Licencee will have to monitor for the accumulation of unused feed and excreta.

Monitoring of fish stock health shall be mandatory. In case, any disease incidence is noticed in cages, all precautions should be taken to prevent and control it. Further, the dead fish shall be disposed safely so that the disease does not spread to other cages or native species or the environment.

32. The State Government shall not be liable to pay any compensation for any loss/damage caused due to natural calamity or any other causes.

33. The Licencee shall abide by the terms and conditions stipulated periodically by the Government.

34. In case an individual or organization is found to have caused pollution either to the people, environment or resources, then the same individual or organization would have to pay for required remedial measures or compensate the loss as per the existing laws of the State/Central Government in force. A fine equivalent to the cleanup777 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 21 20TH AUGUST, 2020 cost or other measures as deemed fit by the Director of Fisheries will be recovered from the Licencee.

35. The Licencee will be liable to pay compensation in the event of indulgence in activities inimical to the interest of other fishermen along with revocation of the licence.

36. Termination/Revocation of licence

i. A licence is granted by the Department of Fisheries to enable the licensee sole use of the lease area for the purposes of producing fish by means of aquaculture.

ii. The licence may be terminated if it is being used for purposes other than aquaculture or if the area is being held but not used for aquaculture.

iii. Failure to begin offshore aquaculture operations within a reasonable period of time, or prolonged interruption of offshore aquaculture operations, not beyond 365 days, may result in the revocation of the licence. This may be relaxed by the Director of Fisheries, if the situation so warrants on the merits of the case.

iv. Licence may be revoked if the licencee indulges in activities that are unlawful and detrimental to the interests of the resources, community and lease terms and conditions.

v. In case of any of violation of any of the guidelines or any contravention to any condition of the licence, the first offence will attract a warning, and for any subsequent offence a penalty of ten times the nominal fees will be levied along with revocation of the licence.

37. If the Director of Fisheries determines the issuance of a licence is not in the national interest, the Director of Fisheries may decline to issue such a licence or may impose such conditions as necessary to address such concerns.

38. The issue of farming rights in the territorial waters of the State would be examined to evolve and enforce an appropriate system so as to avoid user conflicts and ensure safety of such operations.

39. Sub-leasing is not recognised by

Directorate of Fisheries

a. The Directorate of Fisheries will not recognise any sub-leasing arrangement from leases granted by the Directorate of Fisheries that may be entered into by the licence holder.

b. Regardless of whether a sub- -lease has been entered into, the original lessee will be held responsible for meeting all legal and administrative requirements and liabilities arising out of the operation of the lease.

c. If brought to the notice of the Depar tment, the licence will be terminated by the Department.

40. The Director of Fisheries reserves the right to add or delete any of the conditions at any time.

3.7 Monitoring and administering agency

(i) Monitoring of the site will be vested

in a competent authority.

(ii) Administrative responsibilities will be vested with the Department of Fisheries.

3.8 Insurance

(i) Personal/group insurance schemes will be extended to cover life/accident risks of personnel involved in mariculture activities.

4. Unlawful activities.— The following activities shall be deemed to be unlawful if

(a) to falsify any information required to be reported, communicated, or recorded pursuant to this policy of any regulation or permit issued under this policy, or to fail to778 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 21 20TH AUGUST, 2020 submit in a timely fashion any required information, or to fail to report to the Director of Fisheries immediately any change in circumstances that has the effect of rendering any such information false, incomplete or misleading.

(b) to engage in any offshore aquaculture activity within the Exclusive Economic Zone of India or operate an offshore aquaculture facility within the Exclusive Economic Zone of India except pursuant to a valid licence issued under this policy.

(c) refuse to permit an authorized officer to conduct any lawful search or lawful inspection in connection with the enforcement of this policy or any regulation or licence issued under this policy.

(d) to forcibly assault, resist, oppose, impede, intimidate or interfere with an authorized officer of the government or academic institution or quasi-government organization in the conduct of any search or inspection in connection with the enforcement of this policy or any regulation or licence issued under this policy.

(e) to resist a lawful arrest or detention

for any action prohibited by this policy.

(f) to interfere with, delay, or prevent by any means, the apprehension, arrest or detection of another person, knowing that such person has committed any action prohibited by this policy.

(g) to import, export, sell, receive, acquire or purchase in interstate or foreign commerce any marine species or any prohibited item in violation of this policy or any regulation or licence issued under this policy.

(h) upon the expiration or termination of any aquaculture permit for any reason, failure to remove all the structures, gear and other property from the site, or take other measures, as prescribed by the Director of Fisheries to restore the site.

(i) to violate any provision of this policy, any regulation promulgated under this policy, or any term or condition of any licence issued under this policy.

5. Enforcement Provisions

(a) Powers of enforcement

Any officer who is authorized by the

Director could

(i) Search or inspect any offshore open sea cage facility and associated and or related land based facility.

(ii) Seize offshore open sea cage facility (together with its equipment, records, furniture, stores, cargo) and any vessel or vehicle used or employed in aid of or with respect to which it reasonably appears that such facility was used or employed in aid of the violation of any provision of this policy or any regulation or license issued under this policy provisions.

(iii) Seize any marine species (wherever found) retained, in any manner, in connection with or as a result of the commission of any action prohibited by of this policy.

(iv) To execute process issued by any court in the jurisdiction of the State of Goa.

6. Other Miscellaneous.— The lease value to be collected by Fisheries Department would be deposited in the following Receipt Head. "0405-00-011-Rent-01-Rent".

These issues with the approval of the Government vide U.O. No. 4467/F dated 25-07-2020.

By order and in the name of Governor of

Goa.

Dr. Shamila Monteiro, Director ex officio

Joint Secretary (Fisheries).

Panaji 7th August, 2020.

Department of Public Works ___

Notification

22-24/PWD/PCE-EO/2020-21/20

GOA TELECOM INFRASTRUCTURE POLICY, 2020

This policy aims to fulfill people's expectations of fast and reliable internet connection anywhere and anytime. The demand for internet connectivity, through mobile or broadband connectivity has exploded. Increasing number of people are connecting to the internet and trying to avail every expanding universe of online services, for example social media, online and mobile banking, G2C services, Video-on-demand etc.

Goa has the highest per capita income in India, as compared to any State/UT. Ten years ago, Goa was pioneering in expanding the broadband connectivity upto village level through GBBN. With time, the State needs to evolve its policy to facilitate the creation of the telecom infrastructure comparable to the best in the world, to attract the talent and technology needed to support an advanced economy.

This policy aims to encourage establishment of modern telecommunication infrastructure and ensure good quality Internet networks across Goa, especially remote and hilly areas.

Digitalization is not the choice but a necessity. Innovative strategies such as Work from Home, virtual meetings, utilisation of e-services, OTT platforms, e-commerce, e-governance e-learning, telemedicine, etc. also depend upon ubiquitous telecom connectivity. Therefore, in order to secure the economic progress of the State, this policy attempts to facilitate creation of a robust and resilient telecom infrastructure in the State of Goa.

1. Short title, extent, applicability and

commencement.—

1.1 This Policy may be called the "Goa

Telecom Infrastructure Policy, 2020".

1.2 It shall extend to the whole of the

State.

1.3 It shall come into force from the date

of its publication in the Gazette.

1.4 The Policy shall not be in violation or supersession of the provisions contained in the Indian Telegraph Act, 1885, Tower guidelines issued by DOT 2013, Indian Wireless Telegraphy Act, 1933 and Indian Telegraph Right of Way Rules, 2016 in any way.

1.5 This Policy shall supersede the existing guidelines for installation of mobile base station towers issued by Department of Science, Technology and Environment vide order No. 69/2/2004/STE-DIR/Part/ /1091 dated 26-11-2013 without affecting the permissions already granted therein.

1.6 The content of this policy shall be the order of the Government in terms of section 304 of Municipality Act, 1968 and directions under section 244-B, read with section 244-A, of Goa Panchayat Raj Act, 1994 for its implementation.

2. Definition.— In this Policy, unless the

context otherwise requires:—

2.1 "State" means State of Goa.

2.2 "licensee" means any person holding a license issued under section 4 of the Indian Telegraph Act, 1885;

2.3 "Applicant" means any IP-I or TSP who makes an application seeking permission to establish and maintain Telecom Infrastructure.

2.4 "Application" means the application for single window clearance for the establishment and maintenance of Telecom Infrastructure.

2.5 "Fees" prescribed under this policy on Telecom Infrastructure do not include GST, Labour Cess & other applicable Taxes, if any.

2.6 "Authority" means the Public Works Department (PWD) of the Government of Goa in relation to the Government land and buildings or otherwise, for the purposes of780 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 21 20TH AUGUST, 2020 clause (b) of rule 2 of the Indian Telegraph (Right of Way) Rules, 2016.

2.7 "Telecom Infrastructure" means the overground telegraph infrastructure and underground telegraph infrastructure as defined in Indian Telegraph Right of Way Rules, 2016 and includes,—

A. Optical Fibre Cable — underground

or overground (Aerial).

B. Mobile Towers — Ground base towers [GBT]¹, Roof Top Towers [RTF]², Roof Top Poles [RTP]³,

C. Cell on Wheel [COW]

D. In Building Solution & Micro Communication Equipment (Micro Cell), or any other appliances, apparatus, etc. necessary for the effective establishment & maintenance of telecom services.

E. "Micro Communications Equip- ment" means a Pico/Micro/Pole site which is small in size and light in weight, deployed on buildings, utility/streets poles, street furniture, indoors in large buildings viz: malls convention centers and in areas having space constraints, narrow streets, dense populated areas and open public spaces.

2.8 "Telecom Service Provider (TSP)" means a licensee providing telephony services, including, inter alia, mobile phone services, internet and data transfer services etc.

2.9 "Infrastructure Provider (IP)" means Infrastructure provider registered with the Department of Telecommunications to set up Telecom Infrastructures in India.

____________________

2.10 "Local Authority " includes Municipal Corporation, Municipal Council and Village Panchayats.

2.11 "Urban Areas", "Developing Areas", "Rural Areas" and "Coastal Areas" shall be the same as specified for the purpose of determination of stamp duty by the Revenue Department, Government of Goa Order No. 17/1/Fixation of Land Rates/2012- -RD/5004, dated 26th December, 2012.

3. The Authority shall,—

• collect applications from the licensed TSP/IP in the specified format along with the requisite document and fees to give the permission for the Telecom Infrastructure;

• scrutinize the application to meet the

requirements of this policy;

• communicate to the applicant about any additional requirement for or deficiency in the issue of permission;

• ensure that applications are processed within 30 days from the receipt of the complete application.

4. Electronic application process & General

Conditions.—

4.1 The Authority shall establish a single electronic application process within a period of three months from the date of publication of this policy for submission of applications. Till such an online process is developed, the Authority shall, on receipt of the application, process the physical application along with all documents so received, for necessary action.

4.2 Every application shall be charged one time non-refundable application fee of Rs. 10000/- and shall be submitted with the prescribed documents.

4.3 The permission issued under this policy to any Applicant shall be co-terminus with the validity of License issued to TSP/ /Registration certificate issued to IP-I.

4.4 Appeals against the decision of the Authority shall lie to the Appellate Authority, which would dispose of such781 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 21 20TH AUGUST, 2020 appeals within 30 days. The Appellate Committee shall have the power to amend, cancel, remand back or endorse the decisions of the Authority.

4.5 Appellate Authority shall consist of Secretary (PWD), Secretary (Science and Technology), and Secretary (Information and Publicity) and PCE (PWD), who would be the Member Secretary.

4.6 The Authority would be competent to give user rights for installation of Telecom Infrastructure on any land and buildings belonging to the Government. No other permission shall be required in such cases, including from the relevant department or local bodies.

4.7 If the tower being constructed on the Government land/building is to be shared with other Telecom Infrastructure Provider/Service Provider, then permission from the Authority shall be obtained before sharing infrastructure.

5. Guidelines for Installation of Mobile Base

Tower.—

5.1 Telecom towers have been given infrastructure status by Government of India vide Gazette No. 81 dated 28-03-2012. Accordingly, India has adopted strict limit from Base Transceiver Station (BTS), as below, which is 1/10th of the International norms (ICNIRP):

Frequency in MHz Power density limit

900 0.45 watt/m2

1800 0.9 watt/m2

2100 and above 1 watt/m2

5.2 Based on the above and as per the compliance with the advisory guidelines issued by the Department of Telecommuni- cations (DoT), Government of India, dated 1st August, 2013, the Government proposes the following guidelines for installation of site-specific location of Mobile Base Station (MBST) in the State.

5.3 An application as specified in Annexure-A for installation of Mobile Tower shall be accompanied with the following documents,—

(1) Copy of relevant license/ /Infrastructure Provider Registration Cer tificate from Department of Telecommunications (DoT).

(2) Data Sheet as prescribed in the

application form.

(3) Consent of the owner of building/ /land except in the case of land and buildings belonging to the Government.

(4) Copy of SACFA clearance/copy of SACFA application for the said location submitted to WPC wing of DoT with registration number as WPC acknowledgement along with undertaking that in case of any objection/rejection, TSP's will take corrective actions/remove the tower.

(5) Copy of the structural stability certificate for the ground based tower. In case of roof top towers, structural stability certificate for the building and tower based on written approvals of any authorized/registered Structural Engineer of the State/local bodies/ /Central Building Research Institute (CBRI), Roorkee/IITs'/NITs'/GEC. In the case of a building/structure belonging to the State Government or any corporation/commission or local authority etc., the structural safety certificate will be given by the Public Works Department, or any other agency authorised in this behalf.

(6) Copy of the type test certificate issued by Automotive Research Association of India (ARAI) to the manufacturers of Diesel Generator (DG) sets.

(7) Copy of clearance from Fire Safety Department only in case for high rise buildings where Fire Clearance is mandatory.

(8) For Forest protected areas, the copy of clearance from the State Environment & Forest Department, if applicable.

(9) Acknowledgement receipts issued by TERM cells (DoT) of the self certificate submitted by Telecom Service Provider/ /Infrastructure Provider in respect of mobile tower/BTS (ground based/roof-to/ /Pole/wall mounted) establishing/ /certifying that all General Public areas around the tower will be within safe Electro-magnetic Radiation (EMR) exposure limit as per peak traffic measurement after the antennas starts radiating.

5.4 If the application is not complete, the applicant may be given the opportunity to submit revised application or document(s), rectifying the defects within 15 days and the Authority may accept the revised application. If an application is still incomplete, the Authority may reject the application, the reasons for the rejection should be intimated to the applicant in writing. However, no application shall be rejected unless the applicant has been given an opportunity of being heard on the reasons for such rejection.

5.6 The Authority shall issue the permission within 30 days from accepting the application or revised application or documents, as the case may be. Applicants will not be asked to seek any other clearance. The Authority will coordinate with other Government departments/local bodies/Agencies, if required.

5.7 The Authority shall collect a fixed amount as specified in Annexure B per Mobile Tower and would deposit it with the concerned Local Authority. The Authority shall collect all the remaining fees and monthly rent (in case of Government land and building) as may be prescribed from time to time, and deposit the same in the designated budget head. The current fees and charges are mentioned in Annexure B.

5.8 At the time of granting the permission, the Authority shall mention all dues payable by the applicant including payments to be made to any other department or local bodies.

5.9 Except as mentioned in the permission given by the Authority, no other permission or fee would be required or charged for erecting or laying of telecom infrastructure in Goa.

6. Cell on Wheels (COW).— No formal permission or any payment is required for installation of Cell on Wheel to provide good quality mobile coverage. The Cell on Wheel can be placed maximum for thirty days normally without any permission.

Before installation of COW, a prior written intimation to the following authorities within its jurisdiction will be given preferable 15 days before the installation of COW mentioning Geo coordinate (Lat-Long) positions:

a. District Collector/Superintendent of

Police of the concerned district.

b. Concerned Officer in charge of the police station of the area where the COW is going to be installed.

7. In Building Solution, IBS.—

7.1 No permission or fee is required for installation of IBS except from the owner of the building/structure.

7.2 IBS may be provided/deployed by a neutral host infrastructure provider or build and managed by mobile operator and sharing with other service providers on non-discriminatory basis.

7.3 IBS can also be deployed by IP-I (Infrastructure Provider Category I) and shared with telecom service providers. For deploying indoor solutions these companies will be requiring permissions from the building owners. Moreover, if these IP-I companies are required to install optical fibre for connecting IBS/Distributed Antenna System (DAS) nodes for which ROW/permissions will be required and shall be granted accordingly.

8. Right of Way (ROW) for Optical Fiber

Cable infrastructures.—

8.1 For the works of laying optical fibre cable (Underground and Aerial) by the side of the roads and other places, the licensee shall apply to the Authority, who shall issue783 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 21 20TH AUGUST, 2020 permissions for laying of optical fibre along the roads, land, power supply poles, bridges, etc. in coordination with the concerned departments/institutions like Public Works Departments (Buildings and Roads), Rural Development, Forest Department, Water Resources Department, GIDC, Electricity Distribution Companies, local bodies, other authorities under the jurisdiction of State Government and also from the private owners.

8.2 If the applicant has submitted along with the application, valid approval to work on the land belonging to the Forest Department, Water Resources Department, local authority, Industry Department, NHAI, Archaeological Survey of India, PWD, other State and Central agency, the issuing authority need not send the concerned Departments for their concurrences or permission.

8.3 The applicant shall have no right over the property which has been approved to use for the establishment and maintenance of Optical Fibre Cable infrastructures.

8.4 The applicant shall not claim exclusive right on the Right of Way and subsequent users will be allowed to use the ROW, either above or below or by the side of the utilities laid by the first user, subject to the technical requirements being fulfilled.

8.5 In case of non-compliances noticed, the Authority shall direct the Department under whose jurisdiction the road/land falls, to raise compensation for the damage to be collected from the applicant or may cancel the permission granted.

8.8 Application with the following supporting documents for establishment and maintenance of underground telecom infrastructure (OFC) shall be submitted by the applicant before the Authority:

a. a copy of the licence/IP I registration granted by the Central Government;

b. proof of payment of Fees as per

Annexure B;

c. the details of underground telegraph infrastructure (OFC) proposed to be laid;

d. the mode of and the time duration for,

execution of the work;

e. the time of the day when the work is expected to be done in case the applicant expects the work to be done during specific time of the day;

f. the details of expenses that such appropriate authority will necessarily be put in consequence of the work proposed to be undertaken by the applicant;

g. the inconvenience that is likely to be caused to the public and the specific measures proposed to be taken to mitigate such inconvenience;

h. the specific measures proposed to be taken to ensure public safety during the execution of the work;

i. authorization from various State Govt. Agencies/PSU or Public for use of their land for OFC laying;

j. the names and contact details of the employees of the applicant for purposes of communication in regard to the application made;

k. any other matter relevant, in the opinion of the applicant, connected with or relative to the work proposed to be undertaken; and

l. any other matter connected with or related to the work as may be specified, through a general or special order, by the Central Government or appropriate State Government or appropriate local authority;

m. the applicant shall, while making the application, give a specific commitment on whether he undertakes to discharge the responsibility for restoration, to the extent reasonable and prudent, of the damage that the appropriate authority shall necessarily be put in consequence of the work proposed to be undertaken.

8.9 Notwithstanding anything contained in this policy, Right of Way (ROW) using784 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 21 20TH AUGUST, 2020 electricity poles for Aerial OFC laying will be permitted as per the prevailing policy of the Electricity Department, Government of Goa, without any permission from the Authority.

9. Other Terms and Conditions.—

9.1 In case the application for permission is rejected, except the processing fee, other fees paid shall be returned to the applicant within one month from the date of rejection.

9.2 No Coercive Actions: In order to avoid disruption in mobile communication which is an essential service, sealing of mobile communication towers/disconnection of electricity may not be resorted to without the consent of the respective TERM cell of DOT in case of any complaint or issue related to EMF emissions. Mandatory advance notice of 90 days, mentioning the action to be taken, must be given to the applicant initiating any steps against the Telecom Infrastructure.

9.3 Cancellation of the permission: In case of violation of provisions of the Policy by any applicant, the Authority shall issue show cause notice to the applicant. In case a satisfactory reply is not received within 15 days of the issuance of the show cause notice, the permission/no objection issued to the service provider will be cancelled.

9.4 Penalty: If an applicant violates any provision of this Policy, it shall be liable to be penalized as per following terms and conditions:

a. As soon as the nodal office comes to know that any provision has been violated, a show cause will be issued to TSP/IP. TSP/IP has to reply within 15 days from the date of service of notice.

b. If reply is not satisfactory the applicant will be levied fee upto Rs. 25000. The penalty money may be recovered from Bank Guarantee provided by the applicant.

c. The bank guarantee, wherever applicable, will be forfeited in the following cases:

i. In case of the Applicant failing to discharge the obligation of making good of the restoration work.

ii. If the Applicant failed to perform as per the undertaking, in spite of extension of time.

iii. Regular accidents or mishaps happen because of lack of sufficient safety precaution measures during the execution of work.

d. In case, the performance bank guarantee is invoked as mentioned above, the applicant shall be required to replenish and reinstate the required Performance Bank Guarantee within one month of such invocation.

9.5 Obligations of licensed TSPs/IPs in

undertaking work:—

a. The applicant shall ensure that prior to the commencement of work of laying the underground telegraph infrastructure and at all times during the execution of work, the measures to mitigate public inconvenience and provide for public safety are implemented and the work of laying underground telegraph infrastructure is carried out in accordance with the conditions specified in the grant of permission by the PWD.

b. The applicant shall ensure provision of positional intelligence, through appropriate technology, like GIS Map etc., of all underground telegraph infrastructures to enable the Nodal Officer to obtain real time information on its location. In this regard the Government of Goa may create a GIS infrastructure in future.

c. If any damage is caused to the Government property by the work of the applicant, then it will be the responsibility of the applicant to restore the same at his own cost or compensate the damage. If delivery785 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 21 20TH AUGUST, 2020 of ser vice is affected then the applicant must restore the service within 24 hours and the applicant will have to carry out the work according to the instructions of the concerned Department.

d. The applicant will have to install the optical fibre at a safe distance from the electricity wires while using electric poles.

e. In case the Department intends to increase the width of the road then the applicant will have to shift the trench dug by it to the safe distance on its own cost at the place suggested by the agency.

f. The applicant would have to inform in advance about repair or maintenance work to the Nodal Officer Public Works Department, Government of Goa along with other Section heads of departments such as Municipality, Electricity Department etc. in whose jurisdiction the work shall be under taken in cases where such maintenance shall be planned in order to avoid inconvenience to the public.

10. NOFN (National Optical Fibre Network)/ /Bharatnet.— The permission for the Right of Way for the use of Government land will be issued free of cost for Bharatnet Projects.

11. Right of the Authority to seek removal of Mobile Towers and OFC and other related telecom infrastructure.— Wherever it is necessary and expedient to remove or alter any telecom infrastructure, the Nodal Officer shall issue a notice to the applicant, being the owner of such telecom infrastructure to remove or alter its location. On receipt of the notice, the applicant shall, forthwith and within a period of thirty days, proceed to submit, a detailed plan for removal or alteration of such telecom infrastructure. The Nodal Officer shall, after examination of the detailed plan submitted by the applicant, pass such orders as it deems fit. Provided that the Authority shall, having regard to emergent and expedient circumstances requiring the removal or alteration of such telecom infrastructure, provide reasonable time to the applicant for removal or alteration of such telegraph infrastructure. Provided, further that the responsibility and liability, including the cost thereof, for removal or alteration of such telecom infrastructure shall be borne by the applicant.

12. Construction/Repair works by various utility service providers of State/Central authorities.— The agencies of various utility service providers extending services such as electricity department, water supply pipes, gas pipes, sewerage, ROW works (PWD/ /NHAI) etc. while undertaking new construction [repair works in specific alignment to optical fibre cable (OFC) shall intimate to the Nodal Officer and also to concerned TSP/IP providers well in advance, but not less than 15 days before the start of work, so as to give sufficient time to TSP/IP to make plans for shifting of OFC to an alternate route in order to avoid disruption in ser vices. As the TSP/IP are providing/ /supporting Telecom services the power disconnection to telecom installation shall not be done without prior notice to the concerned TSP/IP at least 15 days in advance.

13. Changes in the Policy.— This policy shall be suitably adjusted, with the approval of the Government, to accommodate changes that may be necessitated on account of any technology or regulatory changes which may be introduced by the Department of Telecommunications, Government of India or any other competent authority in order to keep this policy dynamically responsive to changing technology, regulatory regime or any other unforeseen development.

By order and in the name of Governor of

Goa.

UP Parsekar, Principal Chief Engineer & ex

officio Addl. Secretary to the Government.

Panaji, 14th August, 2020.

Annexure A

Application for Issue of Permission For Establishment of Telecom Infrastructure in the State of Goa

Ref. No. ...............................

Date ………………….

To, The Authority, Office of the Principal Chief Engineer (Technical Cell), Government of Goa, Public Works Department, Altinho, Panaji-Goa.

A Details of the Applicant

1 Name of the IP/ TSP

2 Address for correspondence Plot/Flat No.

Street/Road

Village

City/Town

District

Pin

Contact No.

3 Authorised person with designation

Name

Designation

Mobile No.

e-Mail

B Proposals (tick whichever applicable)

1 Mobile Towers GBT RTT RTP 2 ROW OFC Underground Aerial 3 COW

C Location of the Proposed Site Route

Mobile Towers

Owner of the land/Building Govt./Local Bodies/ Private

Name of the owner/

/Authorised Person

Plot/Flat/Premises Nos.

Sanctioned Layout No. if any

Road/Street

Ward/Block No.

Landmark

City/Town/District/PIN Code

Plot Size Survey No. Sub-Div.

Ownership Document Agreement No. Date

ROW OFC

Route Permit From To

Area in Meter/KM787 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 21 20TH AUGUST, 2020 District under coverage Dist 1

Dist 2 Land Under The Ownership In Meter/Kms.

Rural Authority Urban Authority

NHAI

PWD RD

Central Authority Private

PSU

Others if any

ROW - Aerial OFC

Route Permit From To

Area in Sq. Meter/KM

Number of poles to be used

Permit from Dept of Like PWD,

Electricity department.

MICRO Cell

Owner of the land Building Govt./PSU/ Private

Name of the Owner

Plot Flat Premises Nos.

Road/Street

Landmark

CITY/Town District/PIN Code

Ownership Document Agreement No. if any Date

D Fees

Prescribed Fees

Demand Draft Challan Number

Drawn in favour of

Date

Drawing Bank

Payable at

E Documents

Enclosed Y/N

Copy of relevant license or Infrastructure Provider Registration Certificate from DOT Copy of structural stability certificate for Roof-To Towers

Copy of the type test certificate issued by Automotive Research Association of India (ARAI) or any other authorized Agency to the manufacturers of the Diesel Generator (DG) Sets

Copy of clearance from Fire Safe Department, if applicable

Drawing of the tower along with specifications of foundations and design parameters

Indemnity Bond (Original) to take care of any loss or injury to accident caused by the tower

Three copies of Location Plan, Site Plan, Elevation Plan and Structure plan.

Copy of NOC from building/land owner or Authorized Personnel

Route plan along with GIS Map (only for laying OFC)

Prescribed Fees for Permission788 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 21 20TH AUGUST, 2020 NOC from NHAI, ASI, Airport Authority if required

Other documents if any prescribed under this policy

Any other certificates/NOC required by the authority from time to time

Certified that all the information/documents furnished above are authentic and true to the best of my knowledge. I have read and understood the terms and conditions of the Goa Telecom Policy 2020, and orders issued thereunder, and I agree to abide by them.

Name of Authorized Official

Designation

Signature with Seal of the Organization

E-Mail

Tele. No.

Mobile No.

Date

Annexure - B

Sr. No. Particulars

Rate

a Application Fee Rs. 10,000/-

b One Time permission charges for

establishment of Mobile Towers (To be paid to the concerned Local Bodies by the Authority after collection) Rs. 50,000/-

c Licensee Fee, Reinstatement/ As per Circular/Notification in force issued by /Restoration charges and other the Authority. applicable charges in case of Optical Fibre Cable (For Govt. Land only)

d Government Land Usage charges for Rs. 50,000/- per tower/month for an area upto 25 sq.

Ground Based Masts (GBM) for more mtrs. to be paid as advance for the entire year, payable than 10 sq. mtrs. before 30th April of the financial year. For fresh (For Govt. Land only) permissions, rental of the remaining months (including

the month in which permission is being granted) of the financial year will be payable. In case the area utilised is more than 25 sq. mtrs. the rentals will be calculated on a pro-rata basis.

e Roof Usage Charges for Roof Top Towers or Rs. 20,000/- per tower/month to be paid as advance Small Size Ground Based Towers which for the entire year, payable before 30th April of the requires area upto 10 sq. mtrs. financial year. For fresh permissions, rental of the (For Govt. Land/Buildings only) remaining months (including the month in which

permission is being granted) of the financial year will be payable.

Note:

1. Terms and conditions of any existing agreement executed or permission granted by any Government department shall remain valid.

2. The rates for (d) and (e) would automatically increase Rs. 5,000 and Rs. 2,000 respectively per year which will be made applicable at the beginning of each financial year, effective from 1 April, 2021.

3. Incase if the Ground Based Masts, Roof Top Tower/Ground Based Tower of similar size as of Roof Top Towers is utilized for/by more than 1 operator/service provider then the Monthly Rentals will be 1.5 times of the applicable rates.

4. The rates for (d) and (e) for the Rural Areas will be charged at 50% of the applicable charges.

5. The Operator shall make advance payment upto end of the financial year before issue of NOC/Permission by the Nodal Department and thereafter advance payment of 1 year as applicable shall be paid by the applicant every year.

6. In case if advance payment is not made by the applicant before the beginning of financial year, then late fee of Rs. 50,000/- per month shall be applicable in addition to Monthly rentals payable by the applicant.

7. Any utility charges will be borne by the applicant.

www.goaprintingpress.gov.in

Printed and Published by the Director, Printing & Stationery, Government Printing Press, Mahatma Gandhi Road, Panaji-Goa 403 001.

PRICE – Rs. 24.00

PRINTED AT THE GOVERNMENT PRINTING PRESS, PANAJI-GOA—158/120—8/2020.