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Panaji, 14th March, 2023 (Phalguna 23, 1944)
SERIES I No. 49
Reg. No. RNP/GOA/32/2021-2023
RNI No. GOAENG/2002/6410
PUBLISHED BY AUTHORITY
Suggestions are welcomed on e-mail: dir–[email protected]
GOVERNMENT OF GOA
Department of Law
Legal Affairs Division
——
Notification
7/5/2023-LA
The Goa Panchayat Raj (Amendment) Act,
2023 (Goa Act 13 of 2023), which has been
passed by the Legislative Assembly of Goa
on 18-01-2023 and assented to by the
Governor of Goa on 06-03-2023, is hereby
published for general information of the
public.
D. S. Raut Desai, Joint Secretary (Law).
Porvorim, 14th March, 2023.
——
The Goa Panchayat Raj (Amendment)
Act, 2023
(Goa Act 13 of 2023) [06-03-2023]
AN
ACT
further to amend the Goa Panchayat Raj Act,
1994 (Goa Act 14 of 1994)
Be it enacted by the Legislative Assembly
of Goa in the Seventy-third Year of the
Republic of India as follows:—
1. Short title and commencement.— (1) This
Act may be called the Goa Panchayat Raj
(Amendment) Act, 2023.
EXTRAORDINARY
(2) It shall come into force on such date, as
the Government may, by Notification in the
Official Gazette, appoint.
2. Amendment of section 47.— In section
47 of the Goa Panchayat Raj Act, 1994 (Goa
Act No. 14 of 1994) (hereinafter referred to as
the “principal Act”),—
(i) clauses (ii) and (iii) shall be
re-numbered as clauses (iv) and (v)
respectively and before clause (iv) as so
re-numbered the following clauses shall be
inserted, namely:—
“(ii) to issue the permission/license for
trade,
business,
industry,
hotel,
restaurant, eating house, coffee house,
sweetmeat shop, bakery, boarding house
or lodging house (other than a hostel
recognized by the Government) or a
dharmashala or for manufacturing ice
or
aerated
water
or
any
other
permission/license under section 68, 69,
70 or 71 of this Act, in pursuance of the
resolution of the Panchayat;
(iii) upon an order of the Block
Development Officer to issue permission/
/licence for construction, repairs,
modification, alteration, or to issue
permissions/license for trade, business,
industry, hotel, restaurant, eating house,
coffee house, sweetmeat shop, bakery,
boarding house or lodging house (other
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than a hostel recognized by the
Government) or a dharmashala or for
manufacturing ice or aerated water or
any other permission/license under
section 66, 68, 69, 70 or 71 of this Act, or
an occupancy certificate.
3. Amendment of section 66.— In section
66 of the principal Act,—
(i) for sub-section (1), the following sub-
section shall be substituted, namely:—
“(1) Subject to such rules as may be
prescribed, no person shall erect any
building or alter or add to any existing
building or reconstruct any building
without the written permission of the
Panchayat. The permission may be
granted after an application for the
purpose is made and on payment of such
fees as prescribed.”;
(ii) for sub-section (2), the following sub-
section shall be substituted, namely:—
“(2) If a Panchayat does not, within a
period of thirty days from the date of
receipt of the application under sub-
section (1), determine whether such
permission should be given or not and
communicate its decision to the
applicant, the Secretary shall forward the
application to the Block Development
Officer on expiry of such period of thirty
days and the applicant may also file an
appeal within a period of thirty days
from the date of expiry of aforesaid period
to the Block Development Officer. The
Block
Development
Officer
shall
immediately upon receipt of such
application from the Secretary or appeal
from the applicant, whichever is earlier,
proceed to determine whether such
permission should be given or not. If the
Block Development Officer fails to
determine whether such permission
should be given or not and communicate
his decision to the applicant within a
period of thirty days from the date of
intimation by the Secretary or receipt of
appeal, immediately upon expiration of
such period of thirty days, such
permission shall be deemed to have been
granted to the applicant to execute the
work strictly in accordance with the
technical clearance and plans as
approved by the Town and Country
Planning Authorities and in conformity
with conditions laid down by all other
statutory authorities and not so as to
contravene any of the provisions of this
Act or any rules or bye-laws made under
this Act or of any other law for the time
being in force;”;
(iii) after sub-section (2), the following
sub-sections shall be inserted, namely:—
“(2A) Where the permission under
sub-section (1) is deemed to have been
granted under sub-section (2), before
proceeding with execution of the work,
the applicant shall give intimation notice
in such form as prescribed, to the
Panchayat, the Block Development
Officer and the Town and Country
Planning Authorities within a period of
fifteen days from the date on which such
permission is deemed to have been
granted under sub-section (2) and he
shall also deposit with the Secretary the
fees payable under sub-section (1). The
Secretary shall be duty bound to accept
such fees and issue proper receipt to the
applicant and credit such fees to the
Panchayat Fund.
(2B) The applicant after complying
with the provisions of sub-section (2A),
shall be entitled to execute the work
strictly in accordance with the technical
clearance and plans approved by the
Town and Country Planning Authorities
and in conformity with conditions laid
down by all other statutory authorities
and the applicant shall follow the
procedure as may be applicable for
obtaining the completion certificate
within the validity period.
(2C) Subject to such rules as
prescribed, no building erected, re-
erected or altered in pursuance of sub-
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section (1), (2) or (2B), shall be occupied
in whole or part until an occupancy
certificate is issued by the Panchayat
after confirming that such building is in
conformity with approved plans.
(2D) The occupancy certificate shall
be issued by Panchayat on payment of
such occupancy fees as prescribed.
(2E) If a Panchayat does not, within
thirty days from the date of receipt of
application for occupancy certificate,
determine whether such occupancy
certificate should be issued or not and
communicate its decision to the
applicant, such occupancy certificate
shall be deemed to have been issued, if
the applicant has obtained necessary
completion certificate from the Town and
Country Planning Authorities as per the
provisions of the Goa (Regulation of Land
Development and Building Construction)
Act, 2008 (Goa Act 6 of 2008) and the
Regulations framed thereunder.
(2F) Where the occupancy certificate
is deemed to have been issued under
sub-section (2E), before proceeding to
occupy the premises, the applicant shall
give intimation notice in such form as
prescribed to the concerned Panchayat
and the Block Development Officer within
a period of fifteen days from the date on
which such occupancy certificate is
deemed to have been issued under sub-
section (2E) and he shall also deposit
with the Secretary the occupancy fees
as payable under sub-section (2D). The
Secretary shall be duty bound to accept
the occupancy fees and issue a proper
receipt to the applicant and credit such
fees to the Panchayat Fund.”.
4. Amendment of section 68.— In section
68 of the principal Act, for sub-section (2),
the following sub-section shall be substituted,
namely:—
“(2) The provisions of sub-sections (2),
(2A), (2B), (2C), (2D), (2E), (2F), (3), (4), (5),
(6) and Explanation to section 66 of this
Act shall apply mutatis mutandis, to this
section.”.
5. Amendment of section 72.— In section
72 of the principal Act,—
(i) for sub-section (1), the following sub-
section shall be substituted, namely:—
“(1) A permission under section 68 or
the licence under section 69, 70 or 71,
shall be granted or renewed only after
an application for the purpose is made
and on payment in advance of such fee
as prescribed.”;
(ii) after sub-section (2), the following
sub-sections shall be inserted namely:—
“(2A) If a Panchayat does not, within
a period of thirty days from the date of
receipt of the application under sub-
section (1), determine whether such
licence under section 69, 70 or 71 should
be granted or not and communicate its
decision to the applicant, the Secretary
shall forward the application to the Block
Development Officer on expiry of such
period of thirty days and the applicant
may file an appeal within a period of
thirty days from the date of expiry of
aforesaid
period
to
the
Block
Development
Officer.
The
Block
Development Officer shall, immediately
upon receipt of such application from the
Secretary or appeal from the applicant,
whichever is earlier, proceed to
determine whether such licence should
be granted or not. If the Block
Development Officer fails to determine
whether such licence should be granted
or not and communicate his decision to
the applicant within a period of thirty
days from the date of receipt of such
application from Secretary or appeal,
immediately upon expiration of such
period of thirty days, such licence shall
be deemed to have been granted to the
applicant, subject to the condition that
the applicant obtains all the requisite
other permissions from other statutory
authorities for the purpose of carrying
out the activity by virtue of such licence,
but not so as to contravene any of the
provisions of this Act or of any rules or
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bye-laws made under this Act or of any
other law for the time being in force.
(2B) Where such licence under
section 69, 70 or 71 is deemed to have
been granted under sub-section (2A),
before proceeding to carry out any
activity by virtue of such licence, the
applicant shall give intimation notice in
such form as prescribed, to the
Panchayat and the Block Development
Officer within a period of fifteen days
from the date on which such license is
deemed to have been granted under sub-
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section (2A) and he shall also deposit
with the Secretary the fee payable under
sub-section (1). The Secretary shall be
duty bound to accept such fee and issue
proper receipt to the applicant and credit
such fee to the Panchayat Fund.”.
SANDIP JACQUES
Secretariat,
Secretary to the
Porvorim-Goa.
Government of Goa,
Law Department
Dated: 14-03-2023.
(Legal Affairs).