767

Panaji, 20th August, 2020 (Sravana 29, 1942)

SERIES I No. 21

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

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

Suggestions are welcomed on e-mail: dir–[email protected]

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

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.

Fisheries

Not. DF/AQUA/NAT-MARI-

Goa State Maniculture Policy.

768

Dir. & ex off. Jt. Secy.

-POLICY/2020-2021

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.

of PPP”.

By order and in the name of Governor of

Goa.

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

Porvorim, 13th August, 2020.

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768

Department of Fisheries

Directorate of Fisheries

___

Notification

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

GOA STATE MARICULTURE POLICY 2020

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 precautionary

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.

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

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.

Goa Fisheries: Current Scenario

The State of Goa is the smallest maritime

State of India having a total of 104 km long

coastline. There are 3652 fishing crafts

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769

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 conservation 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 the

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770

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

rivers,

explosives dumping, presence of

infrastructures such as underwater

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 expert 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 competent

OFFICIAL GAZETTE — GOVT. OF GOA

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771

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

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.

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.

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(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

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.

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773

(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

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.

consult as appropriate with other

government agencies, coastal states and

regional

fishery

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 Groups

OFFICIAL GAZETTE — GOVT. OF GOA

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774

(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

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.

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 regulatory

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

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:—

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775

Sr. No.

Area

Nominal fees

(Rs. per annum)

Upto 500 sq.m

Rs. 500/-

500 to 1000 sq.m

Rs. 1000/-

1000 to 2000 sq.m

Rs. 2000/-

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/

/Fisherwomen 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

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 the

OFFICIAL GAZETTE — GOVT. OF GOA

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776

discretion of the Director of Fisheries

or any other authorized officer.

However, preference may be given to

new

applicants

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

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

Department 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

Department. 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.

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777

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 forward 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.

case

individual

organization is found to have caused

pollution

either

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 cleanup

OFFICIAL GAZETTE — GOVT. OF GOA

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778

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

the

event

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

time,

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

Department, 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 to

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779

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.

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.

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780

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

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 of

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781

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 such

____________________

1 These towers are erected on natural ground with

suitable foundations. These towers have high load

bearing capacity and are suitable for hosting outdoor

Antenna, fixtures, etc.

2 These types of towers are erected on top of the roofs

of existing buildings with iron structures, columns

and tie beams. The towers are intended for hosting

Antenna, fixtures, etc.

3 These types of poles are erected on top of the roofs

of existing buildings intended for hosting smaller

Antenna, fixtures, etc.

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782

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

relevant

license/

/Infrastructure Provider Registration

Certificate

from

Department

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

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

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

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.

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(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:

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 issue

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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

specific

commitment

whether

undertakes

discharge

the

responsibility for restoration, to the

extent reasonable and prudent, of the

damage that the appropriate authority

shall

necessarily

put

consequence of the work proposed to

be undertaken.

8.9 Notwithstanding anything contained

in this policy, Right of Way (ROW) using

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785

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 delivery

OFFICIAL GAZETTE — GOVT. OF GOA

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20TH AUGUST, 2020

786

of service 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

departments such as Municipality,

Electricity Department etc. in whose

jurisdiction the work shall be

undertaken 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

services. 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.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 21

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787

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.

Details of the Applicant

Name of the IP/ TSP

Address for correspondence

Plot/Flat No.

Street/Road

Village

City/Town

District

Contact No.

Authorised person with designation

Name

Designation

Mobile No.

e-Mail

Proposals (tick whichever applicable)

Mobile Towers

GBT

RTT

RTP

ROW OFC

Underground

Aerial

COW

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

Area in Meter/KM

OFFICIAL GAZETTE — GOVT. OF GOA

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20TH AUGUST, 2020

788

District under coverage

Dist 1

Dist 2

Land Under The Ownership

In Meter/Kms.

Rural Authority

Urban Authority

NHAI

PWD

Central Authority

Private

PSU

Others if any

ROW - Aerial OFC

Route Permit

From

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

Fees

Prescribed Fees

Demand Draft Challan Number

Drawn in favour of

Date

Drawing Bank

Payable at

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 Permission

OFFICIAL GAZETTE — GOVT. OF GOA

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20TH AUGUST, 2020

789

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

Application Fee

Rs. 10,000/-

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/-

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)

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.

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.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 21

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790

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.

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