RNI No. GOAENG/2002/6410 Reg. No. RNP/GOA/32/2021-2023
Panaji, 29th September, 2022 (Bhadra 7, 1944) SERIES I No. 26 PUBLISHED BY AUTHORITY
NOTE
There are three Extraordinary issues to the Official Gazette, Series I No. 25 dated 22-9-2022, namely:—
(1) Extraordinary dated 22-9-2022 from pages 825 to 828, Notifications regarding various Acts from Department of Law (Legal Affairs Division).
(2) Extraordinary (No. 2) dated 23-9-2022 from pages 829 to 830, Notification No. 5-1-2022-Fin(DMU) regarding Market Borrowing Programme of State Government 2022-23 from Department of Finance.
(3) Extraordinary (No. 3) dated 27-9-2022 from pages 831 to 832, Notification No. 7/15/2022-LA, regarding The Goa Tourist Places (Protection and Maintenance) (Amendment) Act, 2022 from Department of Law.
INDEX
Department Notification/Add. Subject Pages
1
2
3 4
1. Finance Add.- 7/1/2021-Fin(DMU)/1075 — 833
2.a. Personnel Not.- 1/3/2022-PER RRs—Directorate of Accounts. 834
b. —do— Not.- 1/3/88-PER(Pt.File) Goa Governor's Secretariat (Recruitment 837
and Conditions of Service) (Fifth Amendment) Rules, 2022.
3. Tourism Not.- 7/7(511)/2022/DT/2043 Extension of the Tourism Shack Policy 839
2019-2022.
4. Town and Country Not.- 28/10/TCP/2017/2495 Withdrawal of area from the operation 850 Planning
from Panjim Planning Area.
In addition to the banks empanelled vide GOVERNMENT OF GOA
notifications read above, Government is Department of Finance
pleased to add the "Canara Bank" at Debt Management Division
Sr. No. 7 in the empanelled list for availing –––
the benefit to the erstwhile beneficiaries under Addendum
the "House Building Loan" Scheme of the 7/1/2021-Fin(DMU)/1075
Government.
Read: (1) Notification No. 7/1/2021-Fin (DMU)/658 dated 13-12-2021.
By order and in the name of the Governor
of Goa.
(2) Notification No. 7/1/2021-
Fin(DMU)/687 dated 27-12-2021.
Pranab G. Bhat, Under Secretary, Finance
(Budget-II).
Porvorim, 23rd September, 2022.
Sub: Empanelment of Banks for "House Building Loan" Scheme to erstwhile beneficiaries.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 26 29TH SEPTEMBER, 2022Department of Personnel ––– Notification
1/3/2022-PER
In exercise of the powers conferred by the
proviso to Article 309 of the Constitution of India and in supersession of the existing recruitment rules for the relevant post specified herein below, the Governor of Goa hereby makes the following rules to regulate the recruitment to the Group 'C', Non- Gazetted, Non-Ministerial posts, in the Directorate of Accounts, Government of Goa, namely:—
1. Short title, application and commence- ment.— (1) These rules may be called the Government of Goa, Directorate of Accounts, Group 'C', Non-Gazetted, Non-Ministerial Posts, Recruitment Rules, 2022.
(2) They shall apply to the post specified in column (2) of the Schedule to these rules (hereinafter called as the "said Schedule").
(3) They shall come into force from the date
of their publication in the Official Gazette.
2. Number, classification and level in the pay matrix.— The number of posts, classification of the said posts and level in the pay matrix attached thereof shall be as specified in columns (3) to (5) of the said Schedule:
Provided that the Government may vary the number of posts as specified in column (3) of the said Schedule from time to time subject to exigencies of work.
3. Method of recruitment, age limit and other qualifications.— The method of recruitment to the said posts, age limit, qualifications and other matters connected therewith shall be as specified in columns (6) to (14) of the said Schedule.
4. Disqualification.— No person who has entered into or contracted a marriage with a person having a spouse living or who, having a spouse living, has entered into or contracted a marriage with any person, shall be eligible for appointment to the service:
Provided that the Government may, if satisfied that such marriage is permissible under the personal law applicable to such person and the other party to the marriage and that there are other grounds for so doing, exempt any person from the operation of this rule.
5. Power to relax.— Where, the Government is of the opinion that it is necessary or expedient so to do, it may, by order, for reasons to be recorded in writing, relax any of the provisions of these rules with respect to any class or category of persons.
6. Saving.— Nothing in these rules shall affect reservations, relaxation of age limit and other concessions required to be provided for Scheduled Castes, Scheduled Tribes, Other Backward Classes, Ex-servicemen and other special categories of persons in accordance with the orders issued by the Government from time to time in that regard.
These rules are issued in supersession of
the existing Recruitment Rules,-
(i) published in the Official Gazette, Series I No. 52, dated 28-03-1968 for the posts of (a) Treasurer Grade II and (b) Treasurer Grade-III, vide Notification No. OSD/RRVS/ 27/67 dated 15-02-1968.
(ii) published in the Official Gazette, Series I No. 15, dated 09-07-1981 for the posts of (a) Binder and (b) Record Sorter, vide Notification No. 1/27/66-PER (Vol. II) dated 30-6-1981.
By order and in the name of the Governor
of Goa.
Eshant V. Sawant, Under Secretar y
(Personnel-I).
Porvorim, 19th September, 2022.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 26 29TH SEPTEMBER, 2022 tn
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In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, read with section 21 of the General Clauses Act, 1897 (Central Act 10 of 1897), the Governor of Goa hereby makes the following rules so as to further amend the Goa Governor's Secretariat (Recruitment and Conditions of Service) Rules, 2010, published vide Notification No. 1/3/88-PER (PF II) dated 08-04-2010 in the Official Gazette, Series I No. 3, dated 15-04-2010, namely:—
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1. Short title and commencement.— (1) These rules may be called the Goa Governor's Secretariat (Recruitment and Conditions of Service) (Fifth Amendment) Rules, 2022.
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G OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 26 29TH SEPTEMBER, 2022
Department of Tourism
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Notification
7/7(511)/2022/DT/2043
Extension of the tourism shack policy 2019-22 for erection of temporary seasonal structures, beach shacks/deck-beds/umbrellas/huts and other structures for further tourist season 2022–2023
Terms and conditions for erection of temporary seasonal structures, beach shacks deck-beds/umbrellas/huts and other structures
Validity of Permission.— The Permission so issued shall be valid for one year from 2022 to 2023; however the temporary structures shall be allowed to be erected only for the period from 1st September to 31st May only. All structures permitted by the above Permission shall stop operation by 31st May and the Permission shall remove the structure by 10th June.
A) Terms and conditions for issue of License for erection of temporary beach shacks on identified beach stretches:
1. License shall be granted for erection of temporary shacks on the following identified beach stretches after a joint inspection to be carried out by the Officials of this Department along with the Officials of GCZMA:
| ' A ' Stretches | 'B' Stretches | ||||||
| Sr. No. | Name of the Beach | Size of the Shack | No. of Shacks | Sr. No. | Name of the Beach | Size of the Shack | No. of Shacks |
| 1 | Calangute | 1 | Keri | 18m x 8m | 06 | ||
| (a) Saunta Vaddo | First four Shacks at the entrance 12m x 8m balance shacks 18 x 8m | 25 | 2 | Arambol | do | 12 | |
| (b) Khobra Vaddo | 18m x 8m | 17 | 3 | Mandrem | do | 10 | |
| (c) Umta Vaddo | do | 16 | 4 | Morjim | do | 11 | |
| (d) Maddo Vaddo | do | 11 | 5 | Ozrant | do | 08 | |
| (e) Tivai Vaddo | do | 17 | 6 | Anjuna | do | 07 | |
| (f) Gaura Vaddo | do | 22 | 7 | Vagator | do | 05 | |
| 2 | Candolim | 8 | Siridao | do | 02 | ||
| (a) Ximer | 18m x 8m | 12 | 9 | Chapora | do | 02 | |
| (b) Escrivao Vaddo | do | 10 | |||||
| (c) Camotim Vaddo | do | 19 | |||||
| (d) Murud | do | 12 | |||||
| (e) Vaddie | do | 26 | |||||
| (f) Dando | do | 09 | |||||
| 1 | Majorda | 18m x 8m | 10 | 1 | Velsao | 18m x 8m | 02 |
| 2 | Colva | do | 08 | 2 | Arrosim | do | 04 |
| 3 | Lounginhos (Colva) | do | 03 | 3 | Utorda | do | 07 |
| 4 | Colmar (Colva) | do | 01 | 4 | Thonvaddo (Betalbatim) | do | 07 |
| 5 | Benaulim | do | 12 | 5 | Ranvaddo (Betalbatim) | do | 02 |
| 6 | Calvaddo | do | 03 | 6 | Sunset Beach (Betalbatim) | do | 01 |
| 7 | Varca | do | 04 | 7 | Ghonsua (Betalbatim) | do | 02 |
| 8 | Fatrade (Varca) | do | 07 | 8 | Sernabatim (Colva) | do | 03 |
| 9 | Mobor (Cavelossim) | do | 06 | 9 | Velludo (Benaulim) | do | 04 |
| 10 | Khandivaddo (Cavelossim) | do | 11 | 10 | Zalor | do | 04 |
| 11 | Baina | do | 02 | ||||
| 12 | Bogmalo | do | 02 |
N.B: In Sauntavaddo the size of the first four beach shacks will be 12m x 8m. In other beach areas though the size will be uniform and maintained at 18m x 8m, the Department will reserve the right of reducing the size to 12m x 8m depending on the beach width, public access and other factors.
Any increase or decrease in the number of shacks in future if any on the above beach stretches subsequent to the approval of GCZMA shall be updated on the Departmental Website www.goatourism.gov.in and draw of lots shall be held accordingly.
2. The shack allottee shall not employ any children below the age of 14 years as per the Child Labour (Prohibition and Regulation) Act, 1986.
3. The beach shack shall be erected only at the place indicated in the License and as demarcated on the site plan drawn by the Department and shown to the allottee by physical demarcation at the site. Copy of the Site Plan/Sketch shall be signed by the allottee and Tourism official and shall become the part of official record.
4. The beach shack allottee shall provide printed bills to its customers for food, refreshment and drinks. The price of each item to be sold shall be displayed for information of general public. The customer shall not be charged more than the printed cost of items. Copy of such rate chart shall be provided to the Department for information. If any complaint of overcharging is received from any customer, the licence shall be liable to be cancelled.
5. The unsuccessful shack applicants shall not erect any beach shack illegally. If done so, the same shall be subject to demolition at his/her own risk and cost and the Security Deposit submitted by the unsuccessful applicant shall be forfeited to the Government Treasury and he/she shall be penalised/black listed from applying for shacks for a period of three years without prejudice to action for contempt of Court for violation of Hon'ble High Court and Hon'ble NGT Orders from time to time.
6. The beach shack allottee shall make provision for giving Fire Cover/First Aid to the structure and the public/tourists and shall contact the Office of the Fire Service to obtain guidelines.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 26 29TH SEPTEMBER, 20227. The License issued shall be valid for period as per allotment order only, however the temporary structures shall be permitted to be erected only for the period from 1st of September to 31st of May of that particular tourist season. All structures permitted by the above license shall be removed by 31st of May of the respective years. The license issued shall be subject to the allottee obtaining the required permissions from the Departments such as Excise, Health, Food & Drugs Administration, Electricity, Fire Services and other concerned authorities as may be applicable.
8. The concerned Departments shall issue respective licenses only to those shacks, which have been allotted by the Tourism Department. List of allotment shall be forwarded to concerned Departments.
9. The Tourist Police, the Tourist wardens, the Supervisors and flying squad shall maintain a strict vigil along the beaches so as to prevent erection of illegal beach shacks/illegal deckbeds. Hawkers, masseurs, vagabonds and others such as peddlers and banned substances including drinking on open beaches should not be allowed under their jurisdiction and may take assistance from Local Police whenever required.
10. Size and structure for public beach shacks— The beach shack structure shall be of the size 18 mts. (length) x 8 mts. (breadth) only and the height of the beach shack shall be maximum of 5.5 mts. including height of boards displayed above the roof. Except for the Beach Stretches of Sauntavaddo-Calangute, for which the size of the beach shack shall be 12 mts. (length) x 8 mts. (breadth) and the height of the beach shack shall be maximum of 5.5 mts. for the first 04 shacks at the entrance, balance shacks to be of the size 18 mts. (length) x 8 mts. (breadth) including height of board displayed above the roof. No beach shack shall be allowed of any dimension bigger than the above specified. No shack shall be permitted to have a mezzanine floor or an additional floor. The size of the beach shack shall be the actual construction i.e., the covered area on the ground and be measured from the poles erected at the four corners of the beach shack. Maximum roof extension of one meter from the plinth on lateral sides and two meters in front side will be allowed, however, there shall be no roof extensions from the rear side of the beach shack. Beach shacks which are bigger in size other than permitted are liable to be demolished and the permission shall be cancelled forthwith. The security deposit will also be forfeited without any notice after the panchnama is conducted and video-graphed and it is established that there is illegal expansion or relocation of the beach shack area. The alignment shall be decided by the Department of Tourism. The location of each shack will be geotagged and the geo tags will be used to determine if the shack has been shifted from original allotted place and in case based on geotagging data if it is noticed that the shack has been shifted from original place, prescribed action will be taken against the allottee.
11. The Tourism Shack Policy 2019-22 has culminated on 31-05-2022. In the said policy no fees structure for the tourist season 2022-23 has been stipulated. Hence, the following fees structure has been proposed for the tourist season 2022-23. The revise fees structure for renewal of shacks/deck beds for the tourist season 2022-23 as below:
Particulars Fee structure per
shack allotee
At stretches: 'A' in 90% Rs. 1,37,500.00 Category At stretches: 'B' in 90% Rs. 1,10,000.00 Category Shacks in 10% category Rs. 77,000.00 (Stretches A) Shacks in 10% category Rs. 77,000.00 (Stretches B) Deck beds/Umbrellas fees Rs. 25,000.00 (20 nos. per shack per season) OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 26 29TH SEPTEMBER, 2022 12. The annual beach shack fee shall be paid ever y year latest by 10th September. In case of Non-payment of the annual beach shack fee, the applicant/beach shack allottee shall not be allowed to erect the beach shack on the allotted location. In case it is found that a shack allottee has erected the beach shack without payment of the annual fees by September 10th of the respective year, the said beach shack allotment shall be cancelled and the allottee shall not be permitted to erect the shack for further period and the security deposit deposited by the allottee shall be forfeited to the Government Treasury without any notice.
13. In case of default or breach of or non- compliance of any of the terms and conditions of the tourism policy for erection of temporary seasonal structures or any other violations as are prohibited under the prevailing Laws, the Security Deposit made by the applicant shall be forfeited to Government Treasury, without notice. The applicant shall be required to produce a fresh security deposit of equal amount within a period of 10 days in order to continue the license for erection of temporary beach shack so allotted failing which the license so issued shall be revoked without any further intimation to the beach shack applicant and the structure shall be demolished thereafter as per provisions of Law.
14. The security deposit made by the applicant shall be released after the expiry of license period and after the removal of structure and certificate obtained from the Designated Authority appointed by the Director of Tourism that the structure has been removed and land has been restored to its original form latest by 10th of June of every year for the period of license. These certificates shall be issued at the end of every tourist season by the designated authority after being satisfied that the beach shack has been removed and the land is restored to its original condition. The applicant shall submit all such certificates obtained at the end of the period of license while applying for release of security Deposit. Failure on the part of the applicant to remove the structure and obtain the certificate from the designated authority as required above, the Security Deposit will be forfeited and the beach shack shall be removed by the Department at the cost and risk of the applicant and the cost of such removal if incurred shall also be recovered from the applicant by way of demand areas of Land Revenue.
15. The beach shacks will have to be dismantled before 10th June every year for the period of permission, and a certificate to the effect that the beach shacks have been dismantled will have to be submitted from the concerned I.A.(North)/Supervisors, Department of Tourism, on or before 10th June, every year.
16. The beach shack shall be erected out of eco-friendly materials like bamboos/ /wooden poles with thatched palm leaves/ /thatched bamboo mat roofing as far as possible. However, in case of paucity of wood the same may be erected out of the other modern materials like steel, synthetic, nylon fabric, etc. for the purpose of frame work due to unpredictable weather conditions. Use of concrete material is absolutely banned. Grouting, plastering, lying of PCC/RCC on the floor/ /structure/digging of soak pits/digging and lying of pipes/metal staircases grouted in cement etc. shall not be permitted at any cost as per the guidelines issued by the GCZMA.
17. If the beach shack allottee is found to place any additional items/materials on the beaches other than those permitted, a penalty of fine of Rs. 50,000/- shall be imposed to be paid within week for the first default and Rs. 1,00,000/- for second default and in case of further default violated, the same shall be confiscated by the Department and any unauthorized item shall be treated as nuisance as defined under Goa Tourist Places (Protection and Maintenance) Act, 2001 and the violator shall be prosecuted under the Act. It shall OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 26 29TH SEPTEMBER, 2022 be at the discretion of the Director of Tourism, to auction/dispose of the same. The beach shack license/deck-bed permission shall also be liable for cancellation.
18. The beach shack shall be dismantled and all the materials used for its erection including the kitchen equipments/furniture etc. shall be removed within ten days of expiry of the permission (including disconnection of Temporary electric supply, water connection if obtained) once the season is over. The area shall be cleared and cleaned up without leaving any dirt/ /discarded material at the site. In case the allottee fails to remove the structure within the permitted period, his/her application for Shack shall be rejected for a period of three years.
19. If due to any adverse weather conditions or beach protection or any such work/activity in public interest, needs to be carried, Director of Tourism may withdraw any permission for deck-beds/ shack license before the specified date and in such cases, allottee/permission holder will not be eligible for any compensation.
20. The activity in the beach shack shall be restricted to sale of food items and beverages and not for any other purpose.
21. For sale of any food and alcoholic beverages, necessary license shall have to be obtained by the allottee from the Department of Food & Drugs Administra- tion and Excise.
22. The beach shack allotted shall not be sublet under any circumstances. In case of subletting confirmed to the satisfaction of Director of Tourism, with/without documentar y evidence, a penalty of Rs.10,00,000/- shall be imposed on the concerned Shack Allottee. Besides, the shack license shall be cancelled, shack demolished on the spot and the security deposit shall be forfeited without notice and the said shack shall be re-allotted to the next waitlisted applicant.
23. The beach shacks allotted are subject to surprise inspections by officials of Department of Tourism and in case it is found that the allottee or his incharge/ /manager is absent during three consecutive inspections, it shall be presumed that the shack has been sublet and the beach shack permission will be cancelled and the beach shack allottee shall be debarred from allotment of shack for next three years and forfeiture of Security Deposit. The shack allottee shall submit the list alongwith the photographs of all the staff/workers/Manager to the Department on or before 10th October of each year. In case any other persons like nomads/ /vagabonds and hawkers are found to be working in the shack without proper ID Card issued by Tourism Department then the same shall constitute violation and the security deposit shall be forfeited.
24. Association with Nomads, Masseurs, hawkers and sale/display of any other items other than food and beverages shall be prohibited and any violation will be liable for cancellation of shack allotment and forfeit of Security Deposit.
25. The applicant should not have a criminal background or should not have been charged for an offence involving violence, drugs, eve teasing, violence pertaining to women or any other criminal offence and there should not be a charge sheet pending against him in any criminal Court located in India. Applicant shall give an undertaking/declaration for that effect. All such applications to set up temporary shacks received from persons with criminal charge sheet pending against them in any court in India will be rejected forthwith.
26. Applicant shall not facilitate or be involved in any illegal activities, including trafficking in drugs, immoral activities, paedophilia, etc. and it shall be applicant's responsibility to report any such cases noticeable, to the Police.
27. All co-operation shall be given to the personnel of Tourism Department, who are OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 26 29TH SEPTEMBER, 2022 authorized to act in case of violation of any of these guidelines/directions.
28. The beach shack allottee shall not discharge dirty water, liquid, sewage from the toilets, wash basin or cleaning area, garbage or any dry waste on the beach, or into the sand.
29. No Objection Cer tificate of Department of Health is a necessar y condition and non-obtaining of the same shall be sufficient for withdrawal of license.
30. The beach shack allottee will be required to segregate the garbage and dispose off the same as per the Provisions of Goa Solid Waste Management Rules. The shack allottee shall maintain dust bins for biodegradable waste with a lid and for non- biodegradable waste. The dustbin size shall be minimum of 50 litres with separate lids in black (dry waste), green (wet waste) and blue (plastic) to be bought and kept in designated areas.
31. Each allottee will also maintain a container to collect the waste water generated from washing, wash basin of sufficient capacity of 2000 ltrs. and more etc. and arrange to dispose the same once a day collectively by all allottees in the area through the concerned Village Panchayat/ Municipality for which necessary fees shall be paid by the beach shack allottee.
32. The Department shall levy penalties for disposing off garbage unlawfully and even cancellation of permission for (a) not maintaining dustbins (b) not disposing off waste water properly (d) illegal dumping/ /burying of garbage in the vicinity or any por tion/place of beach stretch, as enumerated in clause No. 23.
33. Compulsory installation of portable toilets-with the objective of enforcing eco- friendly shacks and preventing damage to the environment, ever y beach shack allottee shall compulsorily provide portable toilet facility, like bio-digestive toilet, chemical mobile toilet with inbuilt proper sewage collection and disposal facility. The toilet waste shall not be let out on beach area. The officials of the Tourism Department, Pollution Control Board and C.R.Z shall verify if this criteria is adopted by the shack allottee and only then issue the license. Toilets/lavatories without portable attached collection and disposal units will not be permitted under any circumstances. The service provider for such portable toilets has to be approved by the Goa State Pollution Control Board.
34. No septic tanks, soak pits or open draining of toilet waste in the ground shall be permitted at any cost. Penalty for installing any soak pit, open draining of sewage and toilet waste in to the sand on the beach shall lead to cancellation of the permission and further may also lead to debarring the shack allottee for further period.
35. The shack allottee will have to pay a sum of Rs. 10,000/- per season to the Department of Tourism towards and garbage collection/disposal by the agency appointed by the Department.
36. The Toilet should be managed in a clean and hygienic manner at all times. In case of violation of these conditions, the shack license will be revoked and security deposit shall be forfeited without notice.
37. Area surrounding the beach shack must be kept clean by the beach shack allottee. Burning or burying of waste/ /garbage in any form is not allowed. In case, any dirt/garbage, fire wood, charcoal, etc. is found behind the beach shack or nearby, the license of the beach shack shall be liable for cancellation forthwith and the beach shack shall be demolished at the risk and cost of the beach shack allottee. The beach shack allottee shall take the responsibility to see that no garbage is dumped/buried in the bushes/vegetations or dunes. The beach shack owner shall hand over segregated wet and dry garbage to the Beach cleaning contractor appointed by the Department and maintain a proper log book with daily entries.
38. The beach shack allottee shall display menu board of the size 4 ft. x 5 ft. indicating OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 26 29TH SEPTEMBER, 2022 list of food-items/rates at the entrance of the shack. In any case no standees shall be allowed to be installed outside the shack or on top of the shack. In case of violation, the boards shall be confiscated and security deposit shall be forfeited.
39. No advertisements of any brands shall be permitted on any shack and in case of any violation the security deposit will be forfeited and the license may be cancelled.
40. The shack allottee shall not practice any discrimination for entering into the shack against any person based on Nationality or sex or caste or religion or race or any other such factors, and allotment shall be liable for cancellation in case of such complaints received, after due verification.
41. The Department reserves the right to make adjustment as regards to demarcation of shacks depending upon the site condition/availability of space.
42. No foreigners shall be permitted to work in any shack even though he/ /she may have necessary visa for work.
43. No smoking and No spitting board with the wordings "Say No to Tobacco" "Yes to Life" to be compulsorily displayed by each shack allottee within the shack and shall observe the rules and regulations under the Goa Prohibition of Smoking and Spitting Act, 1997, Cigarettes and Other Tobacco Products Act and other Central Act. If any psychotropic substances or narcotic substances are found in the beach shack the beach shack allottee shall be debarred for life for applying for the beach shack.
44. Timing for operation of shack shall be from 7.00 a.m. to 11.00 p.m. and no loud music shall be played beyond 10.00 p.m. The sound of the music played shall be heard only within the shack and shall not cause any disturbance to surrounding occupants. Only 2 speakers of 12.5 watts RMS each are allowed. Amplifier beyond 25 watts RMS is prohibited. All conditions as per Goa State Pollution Control Board norms as prescribed under the Noise Pollution (Regulation & Control) Rules, 2000 shall be strictly followed. Any music system comprising speakers and amplifiers beyond the permissible limits as aforesaid shall be confiscated. Violation of this clause will liable for cancellation of shack permission. Department officials/authorised officials shall check for violations using Decibel meter and playing music in excess of permissible limits and violation of this clause shall lead to forfeiture of security deposit and/OR seizure of music systems.
45. Each shack allottee shall have to compulsorily install CCTV camera surveillance system within 15 days of start of the season conforming to the specifications, if any, issued by the Department in order to monitor the activities in the shack. The CCTV cameras so installed should give real-time footages of the videos recorded with internal looping and non-invasive characteristics. The beach shack allottee shall maintain a record of the CCTV footage of at least last 30 days. The CCTV should be operational throughout the day and night hours at the beach shack. The CCTV installation will be inspected by the Tourism Department, Police Department and Information Technology who will certify that the CCTV installation is in working condition.
46. The shack allottee shall take due care not to disturb any existing sand dunes and pioneer beach vegetation covering the sand dunes and they shall be protected and conserved. Failure to protect and conserve the same, the Shack allottee shall be held responsible for violation of CRZ Notification, 1991 and action shall be initiated against the violators including cancellation of the License.
47. The Government designated enforcement cell/flying squads with powers to the designated Officers/Executive Magistrates shall do surprise inspection and demolish illegal shacks and confiscate OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 26 29TH SEPTEMBER, 2022 deck-beds, tables, chairs or any other material so not permitted etc. and impose penalties and recovered cancellation of license for the rest of the season for habitual violations. If required, Director of Tourism shall use JCB/any other equipments as required for demolition of illegal shacks/ /removal of other additional items.
48. Hookahs, extra tables, chair, pool tables etc. shall not be allowed within and around the shack.
49. The successful shack allottee shall compulsorily submit names of the Manager/Asst. Manager to be employed by him along with photo identity. In case it is found that the shack is operated/ /managed other than the allottee/ /identified Manager/Asst. Manager/ /Allottee, the shack permission issued shall be revoked forthwith and the shack allottee shall be debarred from applying for shacks allotment in future for a period of three years. The CCTV footage/recording will be viewed to verify sub-letting etc.
50. The shack allottee individually and collectively shall take every care to keep the beach litter free and the responsibility thereof shall lie on the shack allottee.
51. All ser vices and other products including food and beverages sold in the shack shall be subjected to Goods & Services Tax (G.S.T.)/Value Added Tax (VAT as determined by the Depar tment of Commercial Taxes.
52. The Electricity Department shall issue temporary electricity connections to the shacks allotted by the Department of Tourism and the Public Works Department/ /Public Health Engineering shall grant temporary water connections to the shacks wherever possible. Each allottee shall obtain potable water for their use from certified sources only.
53. The successful shack allottee is liable to pay any service taxes and other taxes as may be applicable under the Central Excise Act.
54. The Depar tment shall create a Whatsapp group beach stretch wise and the shack allottees in their respective beach stretch shall disseminate the information about violation of any of the condition of the shack policy and the provisions of the Goa Registration of Tourist Trade Act and Tourist Places (Protection and Maintenance) Act.
55. In case of any complaints received with documentary proof that the shack allottee has obtained the shack fraudulently in violation of this policy, the license issued to such allottee, shall be cancelled forthwith and the shack shall be re-allotted to the next waitlisted applicant and the security deposit shall be forfeited without any notice.
56. If any of the clauses of this shack policy is found violated by the shack allottee, the security deposit shall be forfeited at once and licence/permission granted shall be liable to be cancelled. The tourism Department shall have the power to suspend the license incase of any violation of clauses of the shack policy by the allottee.
57. As far as turtle nesting beaches identified as such, by the Forest Depar tment/Wildlife unit/Competent Authority are concerned, the following conditions shall apply:
(1) No licenses shall be issued in Morjim and Mandrem, Galgibag and Agonda beaches without there being a specific permission from Goa Coastal Zone Management Authority (GCZMA).
(2) The following recommendations as suggested by Forest Department shall be scrupulously followed by the shack allottees on Morjim and Mandrem beaches:-
(i) No beach beds to be set up in the intertidal zone. The existing practice in Morjim is to lay the beach beds very close to the waterline leaving little scope for the turtles to move up;
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 26 29TH SEPTEMBER, 2022(ii) The beach shacks to desist from installing any outdoor illumination. The indoor lighting should also be muted and provided with opaque shields on sea facing side;
` (iii) Playing of loud music by the shacks beyond 06.00 p.m. and holding of beach parties to be prohibited;
(iv) Movement of any automobile on the
beach to be prohibited;
(v) It should be made incumbent upon the shack licenses to play a proactive role in ensuring conductive condition to the mare turtles besides information sharing with staff of Forest Department which monitors the entire coast.
(vi) Anybody found violating these recommendations shall be liable to pay compensation of Rs.1.00 lakh for each violation and the compensation shall be recovered by Goa Coastal Zone Management Authority (GCZMA). In case, the amount of compensation is not paid by the delinquent/s his/their case shall be referred to the Tribunal for seeking necessary orders in that regard.
(vii) The Forest Department, Government of Goa to keep vigilance along the said beaches and report incidence of any violation of the said recommendations to Goa Coastal Zone Management Authority (GCZMA) for further action.
(viii) Goa Coastal Zone Management Authority (GCZMA) shall promptly act upon the report made by Department of Forest, Government of Goa in respect of violations of their recommendations.
(ix) In case of habitual violators of the said recommendations the Goa Coastal Zone Management Authority (GCZMA) shall revoke the license granted to shack owners/operators and remove/demolish shack/ structure in accordance with law.
(3) The precise location of the shacks on Morjim and Mandrem beaches shall be fixed in consultation with Forest Department who may identify the turtle nesting sites.
(4) The allottee shall not allow the following after sunset and sunrise (i.e. after 6.00 p.m. till the sunrise on the next day).
a) Operation of beach shack &
related activities like placing of deck beds.
b) Artificial lighting.
c) Playing of loud music.
d) Display of fireworks as these
can have adverse effect on the turtles nesting.
(5) The shack allottee shall inform of any incidents of nesting, and shall actively co-operate with the forest staff, in protection of turtle, turtle nesting site, turtle eggs hatching etc.
B. Terms and conditions for issue of permission for placement of deck beds and umbrellas on beaches of goa.
1. The Department of Tourism will permit owners of restaurants in adjoining private properties with beach frontage to place a maximum of 20 deck beds with umbrellas or a maximum of 20 tables and 80 chairs depending on site conditions, available area, frontage available adjacent to private plot etc. after conducting inspection. All such placements shall not extend beyond 10 metres from plot boundary of applicant towards seaward side. The fees charged for the same will be Rs. One lakh per season in category A Beach stretches and Rs. 75,000/- per season for Category B beach stretches. Security deposit of Rs. 50,000/- will have to be paid in form of DD or online payment. Deck-beds may be of plastic or made out of wood. Under no circumstances metal deck-beds will be permitted.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 26 29TH SEPTEMBER, 20222. The Director of Tourism may permit a total of upto 20 deckbeds and umbrellas to be allowed to the hotels having property adjoining public beach area only by charging a fee of Rs. 1,00,000/- valid from 15th September till 31st of May of particular tourist season. The deck-beds allotted to the hotels shall be placed strictly within five meters or within area demarcated by Tourism Depar tment from the outer boundary of the hotel property, whichever is less, without causing any congestion on the beach and without affecting the movement of tourist and the lifeguard/ /tourist police operations. The number of deck-beds and umbrellas so allotted may be increased if the additional deck beds does not cause inconvenience to General public by specific order issued by the Department by charging fees of Rs. 3,500/- per deckbed and umbrella per month.
3. The Director of Tourism may permit a maximum of 20 deck-beds for shacks allotted on public beaches. The deck-beds and umbrellas shall be strictly placed within 5-10 meters from the outer boundary of the shack without causing any congestion on the beach. A fee of Rs. 25,000/- per season shall be charged on these placements of deck-beds and the permission shall be valid from 15th September till 31st of May of particular tourist season.
Explanation.— in case of congested beach stretches in A category the deck- beds and umbrellas shall not be placed beyond five metres from the outer boundary of the shack and in case of other beach stretches in B category the deck-beds and umbrellas shall not be placed beyond ten metres from the outer boundary of the shack. The permission will specify the outer boundary limit, based on the width of the beach which may differ on year to year basis depending upon the recovery of the beach areas.
3. The Private shack owners shall not be allowed to place deck beds on beach in case beach is already congested. For other cases, permission may be given on case to case basis on the same terms and conditions as at No. 2 and 3 above. This would lessen the congestion on the beach and allow free movement of tourists and other persons.
4. The Security deposit for Hoteliers and Owners of Restaurants in adjoining Private Properties with beach frontage shall be Rs. 50,000/- (refundable) per season valid from 15th September till 31st of May of particular tourist season.
5. In case of any violations or placement of extra/additional deck-beds over and above the number permitted, the security deposit shall be forfeited to Government Treasury without any notice and they shall be debarred from further allotment.
6. Any complaint arising out of the above said placement shall be resolved by the Director of Tourism and his decision in this regards shall be final. The deck-beds/ /umbrellas shall be permitted in such a way that their placement do not;
a) violate any right(s) of the citizen f o r any ingress or egress on the beach;
b) occupy under the guise of the permission, the entire stretch of the beach thus hampering the activity of children playing on the beach or members of the public walking on the beach or otherwise hamper or hinder the access to, and enjoyment of the beach;
c) Inconvenience the public or tourist visiting the beach and that there is sufficient place available for all other touristic activities as are permitted in Law or as per entitlement for the members of the public.
7. The Deck-Beds shall be serially numbered from 1 to 8/12/20 as the case may be in all the stretches and painted with the permission/permission number allotted. QR code generated by Department will be affixed on all legally permissible tables and deck beds and OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 26 29TH SEPTEMBER, 2022 those deckbeds/tables without QR code shall be confiscated. No scattering of Deck- Beds shall be allowed and if found the same shall be confiscated and the permission/ permission to place deck beds shall be revoked in respect of the shack allottee who has been found violating this clause. Any deck beds found without permission/ permission number painted on it shall be treated as unauthorized deck bed and the same shall be seized and confiscated/ /dismantled by using chain saw/cutter, on the spot. Any unauthorized deck bed, umbrella, tables, chairs etc. shall be treated as nuisance as defined under Goa Tourist Places (Protection and Maintenance) Act 2001 and the violator shall be prosecuted under section 10 of the above Act, 2001.
8. All such deck-beds and umbrellas shall be removed immediately after 31st of May of that particular tourist season.
C. Terms and conditions for issue of permission for erection of shed for water sports operators.
Those applicants who are interested to erect a temporary shed to store their equipments/operate Water Spor ts Activities within the marked zone for the purpose, shall be permitted on payment of a fee of Rs. 50,000/- per year in the form of Demand Draft drawn on State Bank of India, Panaji in favour of Director of Tourism, payable at Panaji for an area not more than 10 mtr. x 10 mtr. and they shall submit a refundable Security Deposit of Rs. 75,000/- in the form of "Demand Draft". The permission shall be valid for one tourist season for a period from 15th of September to 31st of May in the tourist season and the same shall have to be renewed by the applicant in case he wishes to continue further in the next tourist season in the consecutive years. They should vacate and clear the site within seven days from the date of expiry of the permission and not later than 12th of June of that particular year. The Water Sports activities should be carried out only within the demarcated area and the operator should be registered under the Tourist Trade Act, 1982 with the Department of Tourism (copy of a valid Cer tificate to be enclosed). For operation of Water Sports activities, queue (Q) system shall be followed for which separate guidelines are being issued in pursuance of the Policy for regulation of water sports.
The application for the said request will be considered on first come first serve basis and allocation depends purely on site condition. No commercial Activity of any kind in the hut/shed is permitted.
D. Permission for erection of base station, beach watch towers public utilities comprising of changing rooms, shower rooms, cloak rooms and toilets, water sports kiosks etc.
The Integrated lifeguarding and beach safety services of the Department shall have priority in erection of Base Station, Beach Watch Towers and Storage of all required equipments. Similarly, the Department shall be at liberty to allow erection of beach nodal centers for protection of Children's Rights, ticket counters for Water Spor ts, Tourist Assistance Booths, Toilets, Beach cleaning, safety etc.
E. Proper area to be maintained for
bathing zone.
This Department through duly appointed agency shall demarcate the area for bathing and the same has to be strictly followed and no other activities to be carried out/allowed taking into consideration the safety of tourists.
F. Proper area to be maintained for
fishing and related activities.
The Department may not allow any activities/permission in the area where fishing activities are carried out.
Removal of difficulties.— In case of any difficulty arising in the implementation of the Tourism Policy for OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 26 29TH SEPTEMBER, 2022 erection of Temporary Seasonal Structures, the decision of the Director of Tourism shall be final. Failure to comply with any of the above conditions and furnishing of incorrect information by the allottee, the Permission shall be cancelled forthwith and the shack shall be demolished at the own risk and cost. The shack allottee shall also be debarred for a minimum period of three years and the amount deposited as Fees/Security Deposit shall be forfeited to Government treasury.
Sd/- (Nikhil Desai), Director of Tourism.
Panaji, 22nd September, 2022.
———ttt———
Department of Town & Country Planning
Office of the Chief Town Planner (Planning)
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Notification
28/10/TCP/2017/2495
Whereas, the Government vide Notification No. 28/10/TCP/2018/203 dated 31-01-2018, published in Official Gazette, Series I No. 44 dated 01-02-2018 (hereinafter called the "said Notification") declared the area as specified against the entry at Serial No. (1) in column (2) of the Schedule to the said Notification to be a Panjim Planning Area, with limit of such planning area as specified in the corresponding entry in column (2) of the Schedule to the said Notification, in terms of sub-sections (1) and (2) of section 18 of the Goa Town and Country Planning Act, 1974 (Act 21 of 1975) (hereinafter referred to as the "said Act");
And whereas, the Government is of the opinion that it is necessary in the public interest to withdraw from the operation of the said Act the area as specified in column (2) of the Schedule below from the said Panjim Planning Area.
Now, therefore, in exercise of the powers conferred by sub-section (1) of section 19 of the Goa Town and Country Planning Act, 1974 (Act 21 of 1975), the Government of Goa hereby withdraws from the operation of the said Act, the areas as specified in column (2) of the Schedule hereto from the Panjim Planning Area as specified in column (1) of the said Schedule, with immediate effect.
SCHEDULE
Area Area withdrawn
Panjim Planning Chalta Nos./P/T. Sheet Area: Comprising of Nos. 71/19, 72/19 and part of area under 19(P)/19 of Panaji city. the Corporation City of Panaji.
This notification shall come into force on the date of its publication in the Official Gazette.
By order and in the name of the Governor
of Goa.
Rajesh J. Naik, Chief Town Planner
(Planning) & ex officio Joint Secretary.
Panaji, 27th September, 2022.
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