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Goa Gazette · Government of Goa

Goa Gazette, No. 2324-29, 19 October 2023

Published 19 October 2023

Type
SUG
Gazette no.
2324-29
Num
1
Series
SI
Identifier
in.goa.egaz.2324-29.SI/2324-29-SI-SUG-1
Languages
English, Portuguese
Published at
Original source ↗

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Reg. No. RNP/GOA/32/2021-2023

RNI No. GOAENG/2002/6410

Panaji, 19th October, 2023 (Asvina 27, 1945) SERIES I No. 29 PUBLISHED BY AUTHORITY

SUPPLEMENT

GOVERNMENT OF GOA

Department of Revenue –– 16/26/1/2023-Rev-I/1212

RULES

The Goa Restrictions on Transfer of Agricultural Land Rules, 2023

In exercise of the powers conferred by section 12 of the Goa Restrictions on Transfer of Agricultural Land Act, 2023 (Goa Act 18 of 2023), the Government of Goa hereby makes the following rules, namely:—

1. Short title and commencement.— (1) These rules may be called the Goa Restrictions on Transfer of Agricultural Land Rules, 2023.

(2) They shall come into force on the date

of their publication in the Official Gazette.

2. Definitions.— (1) In these rules, unless

the context otherwise requires,—

(a) "Act" means the Goa Restrictions on Transfer of Agricultural Land Act, 2023 (Goa Act No. 18 of 2023);

(b) "Form" means a form appended to

these rules;

(d) "Plan" as referred to in section 2 (c), means the Regional plan as in force under the Goa Town and Country Planning Act, 1974 (Act 21 of 1975) on the date of commencement of the Goa Restrictions on Transfer of Agricultural Land Act, 2023 (Goa Act No. 18 of 2023);

(e) "section" means a section of the Act;

(f) "Talathi" means a person appointed

as Talathi by the Government;

(g) "transferor" means a person who

intends to transfer his agricultural land;

(h) "transferee" means an individual or Industrial or Commercial undertaking or Co-operative farming society referred to in section 3 (1) (a), (b) and (c) of the Act who intends to purchase the agricultural land for carrying out agriculture;

(i) "Zonal Agricultural Officer" means a person appointed as Zonal Agricultural Officer by the Government.

(2) Words and expressions used but not defined in these rules shall have the same meanings assigned to them in the Act.

3. Production of documents.— (1) Agriculturist who intends to purchase/ /acquire agricultural land shall produce before the Registering Authority, Krishi Card or a Certificate issued by the Mamlatdar, or by authorized competent authority of any(c) "period of cultivation" means a period certified by the Mamlatdar as a period during which agricultural land was under cultivation; 2161 Suggestions are welcomed on e-mail: dir–[email protected] OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 29 (SUPPLEMENT) 19TH OCTOBER, 2023 State Government, or such other document showing that he or she is an agriculturist.

(2) Any person who cultivates agricultural land in the State of Goa may make an application to the concerned Mamlatdar for a certificate that he is an agriculturist. The Mamlatdar may conduct such local inquiry as deemed fit by him and issue him such certificate.

(3) The Mamlatdar shall on an application made to him by an applicant or on a reference made to him by the Registering authority, about the nature of land, shall after conducting such local inquiry as deemed fit by him, issue a certificate certifying the nature of land which shall be binding.

4. Cultivation of agricultural land permitted under section 3.— (1) The transferee on acquisition of agricultural land shall take up agriculture on such land within a period of three years from the date of acquisition of such land and continue to carry thereon agriculture, failing which, such land shall vest in the Government, upon expiry of said period of three years or from the date of abandonment or discontinuation of agriculture.

(2) The Collector may on an application made by an individual grant permission to transfer agricultural land to his legal heirs/ /successors during his life time.

5. Procedure to be followed by the Collector under section 3.— (1) The transferor or transferee shall jointly apply to the District Collector in Form I hereto alongwith the following documents:—

(i) An Affidavit stating that he shall take up agriculture on agricultural land within a period of three years from the date of acquisition of such land and continue to carry thereon agriculture.

(ii) All other documents mentioned in

Form I hereto.

6. Scrutiny of application by the Collector.— (1) Upon receiving an application in Form I hereto the Collector shall scrutinize such application and if he finds the same incomplete, shall intimate to the applicant within seven days directing him to comply with the observations raised by the Collector within 30 days.

(2) The decision to forward the application or reject the same will be taken within seven days of filling of application complete in all respects.

(3) In the event the applicant complies with the observations, the Collector shall after considering Report of the Mamlatdar in Form II decide the application. If the applicant fails to comply with the observations, the Collector shall reject the application.

7. Procedure for conducting inquiry.— (1) The Collector shall forward the application complete in all respects alongwith documents to the Mamlatdar for conducting inquiry.

(2) The Mamlatdar upon receipt of the application shall examine the same and conduct a joint inspection alongwith the Talathi, the Zonal Agricultural Officer or his representative and the applicant, within seven days from the date of receipt of application.

(3) The Mamlatdar shall give his report in

Form II hereto to the Collector.

(4) The report of such joint inspection in Form II hereto shall be forwarded to the Collector within seven days of such inspection and shall bear signatures of the Mamlatdar and the Zonal Agricultural Officer.

8. Grant of permission by the Collector.— (1) Upon receipt of report in Form II hereto, the Collector shall examine the report and grant permission in Form III hereto or refuse to grant permission with reasons therefor within a period of thirty days from the date of receipt of the report.

(2) The Collector shall keep record of all such applications received, permissions granted and applications rejected.

(3) The Collector shall send copy of all such permission granted in Form III hereto and2162 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 29 (SUPPLEMENT) 19TH OCTOBER, 2023 copy of applications rejected in Form IV here to the Taluka Mamlatdar. The Mamlatdar shall make an entr y in the remark column of the Form No. I & XIV that "Land is agricultural land and the permission is granted under the Goa Restrictions on Transfer of Agricultural Land Act, 2023 and rules framed thereunder" and all permissions so granted will be recorded in the register maintained by the office of the Mamlatdar.

(4) Sub-Registrar shall send copy of every transfer of agricultural land made under the Act and the rules framed thereunder to the Taluka Mamlatdar who shall record it in the register so maintained.

(5) The Mamlatdar or the official designated by the Mamlatdar shall carry out inspection of such land wherein permission has been granted once in every six months and if any contraventions of the said Act and rules are noticed including failure to take up agriculture within the required time or continue to carry the same, the Mamlatdar shall issue notice to concerned parties and prepare report in presence of witnesses and submit to the Collector, who shall proceed as required under the Act.

9. Recovery of penalty under section 5.— (1) The penalty under section 5 shall be paid by the transferor and the transferee before the Collector in lumpsum or in two equal installments.

(2) If the transferor as well as transferee makes a default in the payment of the whole or part of the penalty, the Collector shall refer the matter to the Mamlatdar concerned and the Mamlatdar shall proceed to recover the sum which is in arrears on the date of order together with any interest due as arrears of land revenue.

10. Procedure to be followed by the Collector under section 6 after forfeiture.— (1) When the Collector declares that any transfer is in contravention of section 3 of the Act, direct the Mamlatdar to forfeit the land in favour of the Government and the possession of land shall be taken over by the Mamlatdar concern within a period of 60 days from the passing of order by the Collector.

(2) The Collector after taking possession of the land shall direct the land so forfeited to dispose by public auction only to the agriculturist.

(3) The cost incurred by the Collector for removal of any impediment on the land while taking possession of the same shall be recoverable as an arrears of land revenue from the transferee.

_______

FORM – I

[(See rule 5 (1)]

Application for permission to transfer agricultural land to a person other than agriculturist

To,

The Collector,

District _________,

Sir/Madam,

I/We intend to alienate agricultural land under section 3 (1) of the Goa Act 18 of 2023.

1. Name of the Applicant______________ son/daughter/ wife of ______________ resident of __________ Village ________ Taluka ________ District ___________.

2. Permanent address Village/Town __________ Taluka _______________ District __________ 3. Present Occupation and address:

4. Land use_______________________2163 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 29 (SUPPLEMENT) 19TH OCTOBER, 2023 5. Particulars of the land applied for:

i) District ________ ii) Taluka _______________ iii) Village ________

Sl. No Survey No. Sub Div No. Classification of land

6. Particulars of the person(s) to whom land is intended to be transferred:

Name _____________________ son/daughter/wife of ____________ resident of Village __________ Taluka _________ District ___________ .

7. Whether transferee is individual/co-operative society/industrial or commercial unit/relative of transferer__________.

8. Whether transferor is individual/Industrial/Commercial undertaking/Co-operative farming society:

9. Whether the applicant applied previously for such permission if so give the following particulars (a) Date of application, if known

(b) Whether permission granted refused (Order Number, Date and Authority)

(c) Particulars of land permitted transferred previously:-

i) District: ____________ ii) Taluka: ____________ iii) Name of Village: ______

iv) Survey number and sub division number with area and classification.

10. Any other information which the applicant considers to be relevant.

11. Affidavit of the transferee is attached declaring that the transaction is not in violation of statutory provisions and the person is qualified to take up such activities.

12. List of Documents relied upon to substantiate the claim: 1) Form I & XIV/ Form D, 2) Survey Plan 3) Zoning Certificate, 4) Registration Certificate of Industrial/Commercial undertaking/Co-operative farming Societies, 5) Title Document, 6) ID proof, 7) Address Proof, 8) Details of last agricultural activity carried out in the said land, 9) Any other document.

I/We solemnly affirm and declare:-

That whatever has been stated above is true to the best of my/our knowledge and belief and that nothing has been concealed or suppressed.

Signature of the Applicant(s)

Transferor___________

Transferee___________ Address

Date

_______

AFFIDAVIT

(By transferee)

I, Shri/Smt. ______________ s/d/w of _________________________ age ____________, Nationality __________ of ______________ resident of _____________________ the (transferee herein) do hereby solemnly affirm that the information given in the application is true to the best of my knowledge and belief and I further declare that the transaction is not in violation of statutory provisions and I am qualified to take up such activities and I shall take up agriculture on the above land within a period of three years from the date of acquisition of such land and continue to carry agriculture thereon.

Solemnly affirmed on this ____ day of _______, 20__

Place:

________________ Date: __________

Deponent

Identified by:

2164 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 29 (SUPPLEMENT) 19TH OCTOBER, 2023

FORM – II

[See rule 7 (3)]

Joint Inspection Report

Office of the Mamlatdar of _________________Taluka

Subject: Inquiry Report as per rule 7(3) in respect of land under Survey Numbers________________

applied by ___________.

Whereas, an application of Shri/Smt.__________ for permission to alienate land admeasuring ______ sq. mtrs. situated at village ___________ Taluka ___________ District __________; has been referred under the Goa Restrictions on Transfer of Agricultural Land Rules, 2023 by the Collector of _________ .

And whereas, upon receipt of aforesaid application local inquiry and site inspections were carried out by the undersigned alongwith Talathi of _______ Saza, Zonal Agricultural Officer and applicants on _______________.

And whereas based on the local inquiry necessary reports and the required documents were obtained from revenue officers/officials and after its examination the following information is taken into consideration:

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Now, therefore, the proposal is recommended/not recommended (strike out whichever is not applicable)

for granting permission in favour of the applicant(s) to alienate/purchase agriculture land as per the

particulars given below:-

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Sub Div No. land of land name particulars of particulars of transfer

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The above transfer is recommended subject to following conditions:

• The land shall be used only for the purpose for which the permission has been granted.

• The land shall be put to use for the purpose within a period of three years from the date of issuance

of the permission order.

• The applicant shall abide by all the provisions of the Act/Rules applicable on such land.

• The land acquired by transferee cannot be transferred for any other purposes except for the purpose for which permission is granted, subject to any further authorization or permission granted by the competent authority.

2165 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 29 (SUPPLEMENT) 19TH OCTOBER, 2023

• ________________________________________________________________________

• ________________________________________________________________________

• ________________________________________________________________________

Signature

Zonal Agricultural Officer_____ Taluka

Mamlatdar of ________ Taluka Signature of Recommending Authority

Taluka: ______________ Date:

To:

The Collector, District ___________(North/South).

_________

FORM – III

[See rule 6 (3) & 8]

Office of the District Collector __________

Subject: Permission in respect of land under Survey Numbers ________.

Order

Whereas, an application has been filed under the Goa Restrictions on Transfer of Agricultural Land Rules, 2023 by Shri/Smt.__________________ (Transferor) and Shri/Smt._________________ (transferee) for permission to alienate/purchase land admeasuring ______ sq. mtrs. under the Survey No. ____________situated at village ___________ Taluka ___________ District __________;

And whereas, the necessary reports alongwith the required documents have been obtained from revenue officers/officials and after its examination the case has been considered and decided;

Now, therefore, permission is hereby granted to _________ to alienate/purchase agriculture land.

Sl. District Taluka Sy. No. & Area of Classification Name and Name and Purpose of Remarks No. Sub Div No. land of land particulars of particulars of transfer

transferor transferee

1 2 3 4 5 6 7 8 9 10 11

Brief reasons for acceptance:- ________________________________________________________________ ____________________________________________________________________________________________ The permission for alienation of above land shall be subject to the following conditions:-

• The land shall be used only for the purpose for which the permission has been granted.

• The land shall be put to use for the purpose within a period of three years from the date of issuance of the permission order.

• The applicant shall abide by all the provisions of the Act/Rules applicable on such land.

• The land acquired by transferee cannot be transferred for any other purposes except for the purpose for which permission is granted, subject to any further authorization or permission granted by the competent authority.

2166 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 29 (SUPPLEMENT) 19TH OCTOBER, 2023

• _____________________________________________________________________

• _____________________________________________________________________

Signature

District Collector

Date

Copy to: 1) Mamlatdar of ____ Taluka to record remark in Form I & XIV that "land is agricultural land and the permission is granted under the Goa Restrictions on Transfer of Agricultural Land Act, 2023 and rules framed thereunder".

2) Zonal Agricultural Officer (ZAO)

3) Transferor

4) Transferee

________

FORM – IV

[See rule 6 (3) & 8]

Office of the District Collector __________

Subject: Rejection of application to alienate/purchase the agricultural land.

ORDER

Whereas, an application has been filed under the Goa Restrictions on Transfer of Agricultural Land Rules, 2023 by Shri/Smt._________________ (Transferor) and Shri/Smt._________________ (Transferee) for permission to alienate/purchase land admeasuring ______ sq. mtrs. situated at village ___________ Taluka ___________ District __________;

And whereas, the necessary reports alongwith the required documents have been obtained from revenue officers/officials and after its examination it has been decided that the same cannot be considered;

Now, therefore, permission is hereby rejected to the applicant(s) to alienate/purchase agriculture land as per the particulars given below:—

Sl. District Taluka Sy. No. & Area of Classification Name and Name and Purpose of Remarks No. Sub Div No. land of land particulars of particulars of transfer

transferor transferee

Brief reasons for rejection: ________________________________________________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________________________________________

District Collector

Date:

Copy to: 1) Mamlatdar of ____ Taluka.

2) Zonal Agricultural Officer (ZAO)

3) Transferor

4) Transferee

By order and in the name of the Governor of Goa.

Durga Kinlekar, Under Secretary (Revenue-I).

Porvorim, 18th October, 2023.

2167 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 29 (SUPPLEMENT) 19TH OCTOBER, 2023

Department of Tourism

Directorate of Tourism __

Notification

7/7(906)/2023/DT

The Government of Goa is hereby pleased

to formulate Goa State Shack Policy for

Erection of Temporary Seasonal Structures,

Beach Shacks, Deck Beds/Umbrellas, for

Tourist Seasons 2023-26 and the same is

published herewith for information of general

public.

Sunil Anchipaka, IAS, Director of Tourism &

ex officio Joint Secretary (Tourism).

Panaji (Panjim) is the State's capital of Goa,

Vasco Da Gama (Vasco) the largest city, while

the historic city of Margao still exhibits the

influence of Portuguese culture in Goa. The

Portuguese colony existed for about 450

years, until it was taken over by India in 1961.

Tourism is a staple industry in the State of

Goa which contributes significantly to the

economy and generates employment

avenues. As a result, major population of the

State is directly or indirectly depend on this

industry to earn livelihood.

2. Background.— Goa has over 105 kms. of

coastal belt with each beach having its own

Goa State Shack Policy for erection of

unique characteristic and accomplished it

temporary seasonal structures, beach

niche across the globe as a land of beaches.

shack deck beds/umbrellas, for tourist

Most of the tourism in Goa is concentrated in

Seasons 2023-26 (3 years)

1. Introduction.— The State of Goa is

located on the west coast of India and is

bounded by the State of Maharashtra to the

North, and by Karnataka to the East and

South, while the Arabian Sea forms Goas

Western coast. Goa is India's smallest State

in terms of area and the fourth smallest in

terms of population. Goa is a tiny emeralds

land with its natural scenic beauty, attractive

beaches temples and churches, famous for

its architecture, feast and festivals and

hospitable people with a rich culture. It is

also attributed a land with its exquisite mix

of sun, surf, and beaches. Ergo, Goa has

become one of the preferred family

destinations.

Goa encompasses an area of 3,702 km2

(1,429 sq. mi.). Goa features a tropical

monsoon climate and being in the torrid

zone and near the Arabian Sea, has a hot

and humid climate for most of the year. The

month of May is usually the hottest coupled

with high humidity.

the coastal stretches and majority of tourists

visiting the State frequent to these areas

which has influenced commercial activities

in these regions immensely.

Government of Goa is the only State in the

countr y which issues permission to the

person of Goan domiciles to erect beach

shack using eco friendly materials on the

nominated beach stretches. This concept of

shacks has contributed significantly to entice

tourists to the coastal region and thrive

tourism in the State. In the initial States of

tourism in Goa, beach shacks became popular

due to their small numbers, economical rates

and simple decor. Over elapsed of several

decades, the concept has demonstrated

immense improvisation understanding the

need of diverse segment tourists and provides

them maximum amenities.

Over the period a lot of amendments have

been introduced by the State Government in

allotment of shacks on the Government beach

arena to provide more comfort and benefits2168 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 29 (SUPPLEMENT) 19TH OCTOBER, 2023 to the shack allottees as well as encourage

healthy competition among them. As part of

these endeavours, Government of Goa

through the Department of Tourism has

issued guidelines for regulations of the shacks

on the beaches which also provide window

for compliance of various policies/guidelines

of the line departments, besides, compliances

of decision of the judiciary issued time to

time.

State Government had formulated 3 years

Tourism Shack Policy for tourist seasons

2019–22 for erection of temporary seasonal

structures, beach shacks/deck-beds/umbrellas/

huts and other structures. However, in the year

2019, Covid pandemic strikes which impacted

all the industries owing to various restriction

imposed by the authorities to contain the

spread to the contagious virus. The shack

allottees under the said policy also witnessed

immense financial losses due to restrictions

on movement of tourists both domestic and

internationals. Tourism Shack Policy

2019–22 culminated on 31-05-2022. However,

understanding the impact of the pandemic

and on the representation received from the

Shack Owners Welfare Society, Government

of Goa extended Tourism Shack Policy for the

tourist season 2022-23 with some modified

terms and conditions. The extended policy

has also culminated on 31-05-2023 and

therefore now this policy by name "Goa State

shack Policy for erection of temporary

seasonal structures, beach shack deck beds/

umbrellas, for tourist seasons 2023-26 (3

Years)" to provide for regulation and control

of shacks erected on identified public beach

stretches has been introduced.

3. Definitions.— a) Beach Shack: Temporary

structures erected on the identified public

beach stretches after abiding by terms and

conditions of this policy.

b) "DOT" or "the Authority": Department

of Tourism, Government of Goa.

c) "GCZMA": Goa Coastal Zone

Management Authority.

d) "PCB": Goa Pollution Control Board or

Central Pollution Control Board, as the case

may be.

e) "MOEF": Ministry of Environment,

Forest and Climate Change, Government of

India.

f)"Identified Public Beach Stretches":

Locations identified for the purposes of

erection of temporary beach shacks and

placement of deck beds, umbrellas, table and

chairs, sofa sets and as specified in

Appendix-1.

g) "Tourist season": The period between

1st September to 31st May.

h) "Off season": The period between 1st

June to 31st August.

i) "Allottee/Licensee": Any applicant who

has been successfully allotted dedicated

space on identified public beach stretches

for erection of temporary shacks.

j) "Family": Family consist of the husband,

wife, and unmarried children.

k) "Provisional License": The license issued

to the successful shack allottee at the time of

demarcation of the beach shack site at the

identified public beach stretch to facilitate to

obtain all the required statutory permissions.

l) "License": The license issued to the

successful shack allottee after obtaining all

the required statutory permissions and after

complying the terms and conditions of this

policy.

2169 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 29 (SUPPLEMENT) 19TH OCTOBER, 2023

4. Purpose of the Policy.—Licenses shall be

granted for:

1) Erection of temporary shacks at the

identified public beach stretches as per

Appendix 1.

2) Placement of deck beds, umbrellas,

table, chairs and sofa sets on the identified

public beach stretches

3) Number of beach shacks to be permitted

at the identified beach stretches shall be

subject to the approval/recommendation of

the Goa State Pollution Control Board, Goa

Coastal Zone Management Authority or any

other competent authorities.

5. Tenure of the License.—

5.1. For beach shacks and deck beds:—

(a) The License issued pursuant to this

policy shall be valid one tourist season 2023-

24 and further renewable for Tourist seasons

2024-25 and 2025-26 respectively.

b) In case of adverse weather conditions,

beach protection, or other public interest

activities, the DOT reserves the authority to

withdraw the permission granted for shack

license and/or deck-beds prior to the

specified date and shack allottee will not be

entitled to any form of compensation.

6. Erection and dismantling of the shacks

and deck beds.—

6.1. For beach shacks:—

a) In accordance with CRZ notification 2011

and including any amendments thereof, the

Authority shall allow erection of beach shacks

during the tourist season.

b) All beach shacks shall stop their

operations by 31st May and the Allottee shall remove the structures by 10th June,

disconnect utilities, and leave the allotted

beach shack site clean.

6.2. For deck beds:—

a) The license shall be issued to place

deckbeds, umbrellas, tables, sofa sets, chairs,

for the tourist season within demarcated area

to be picket fenced by the licensee only.

b) All such deck beds, umbrellas, tables,

sofa sets and chairs shall be removed

immediately after the end of a particular

tourist season.

7. Size and structure of the beach shacks.—

7.1. The maximum size of the beach shacks

("permissible size") shall be maintained at

18 m. (length) x 8 m. (breadth) x 5.5 m.

(height), except for–first four beach shacks

at Saunta Vaddo beach stretch, which shall

be a maximum of 12 m. (length) x 8 m.

(breadth) x 5.5 m. (height) only.

7.2. The Allottee shall adhere to the

following conditions related to size of the

shacks:

a) 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.

b) No shack shall be permitted to have

a mezzanine floor or an additional floor.

c) 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.

2170 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 29 (SUPPLEMENT) 19TH OCTOBER, 2023

7.3. DOT reserves the right of reducing permissible beach shack size to suitably adapt to the existing site conditions depending on the identified public beach width, public access, site condition/availability of space and other factors.

7.4. The beach shack shall be erected by adhering to the guidelines issued by various statutory authorities such as GCZMA, MOEF, PCB, and other statutory authorities. 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.

8. Permissible Activities under this Policy.—

8.1. For Beach Shacks:— a) Beach Shacks shall undertake sale of cooked food items and beverages only to the visitors.

b) The Licensee shall ensure that the beach shack menu contains freshly cooked Goan cuisine.

c) The Licensee is neither allowed to sell or serve any beverages in glass bottles to the customers outside the demarcated shack area and picket fence area nor the licensee shall allow the customer to carry the glass bottles outside the demarcated shack area.

d) The beach shack allottee shall not sublet

the beach shack under any circumstances.

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

f) Shack allottees are responsible individually and collectively for keeping the beach clean and litter-free adhering to Goa Solid Waste Management Rules and any other existing statutory requirements and to the following conditions:

1. Keep the area surrounding the beach shack clean all the times and strict adherence to the Goa Solid Waste Management Rules for proper garbage collection, segregation, and disposal.

2. Beach shack allottee shall ensure scientific disposal of sewage waste including black & grey water with the help of concerned local Panchayat Raj Institutions (PRIs)/ULBs (Urban Local Body).

3. Handover of segregated garbage to the beach cleaning contractor as appointed by DOT and maintain a proper log book with daily entries.

8.2. For Deck Beds:— a) Beach shack allottee shall place deck beds, umbrellas, tables, chairs and sofa set only within 15 meters from the outer boundary of the front of the shack towards the sea or within area as demarcated by DOT which may be curtailed subject to High Tide Line.

9. Eligibility criteria for beach shacks.— a) The beach shacks shall be allotted as provided below:-

i. Category I: 10% of the total beach shacks on the identified public beach stretches shall be allotted to applicants without any prior experience.

ii. Category II: 10% of the total beach shacks located on identified public beach stretches shall be allotted to those applicants having minimum of 01 and maximum 04 years of experience, in the respective District.

iii. Category III: Remaining absolute numbers of beach shacks after allotting to categories I & II above of the total beach shacks, shall be allotted to those applicants having minimum of 05 and above years of experience, in the respective District.

b) The distribution of numbers of beach shacks on the identified public beach stretches among the respective categories2171 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 29 (SUPPLEMENT) 19TH OCTOBER, 2023 subject to the Department of Environment approval.

c) For the purpose of calculating number of beach shacks to be allotted under Category I and II above, if there is any fraction arising while arriving at percentage figure, the benefit of the fraction shall go to higher side only if the fraction is 0.5 and above for the purpose of clarity illustration of distribution of number of beach shacks is as per Appendix 4.

d) Applicant should not have any employment, pension, or shall not be engaged in any business, vocation, profession and any nature of employment directly or indirectly.

e) Only one beach shack shall be permitted

per family.

f) Applicant shall not have any pending criminal charge sheets in Indian courts OR convicted in the Court of Law or black isted/ levied penalty for sub lease of beach shack and application received from such applicant shall be summarily rejected.

10. Application Procedure.— a) The application forms will be made available on the website of the Department of Tourism i.e. www.goatourism.gov.in and the form has to be downloaded and submitted to the offices of RFC's during working hours. No physical forms will be made available by the DOT.

b) Applicant must submit a completed application form (Appendix-3), for relevant category along with required documents and one demand draft towards application form. Applications without the required demand drafts will be summarily rejected.

c) As a proof of experience of beach shacks,

the applicant shall enclose:

i. Copies of permissions issued in the past or copy of letter issued by the DOT that he/she was a successful shack allottee. No other documents shall be accepted.

ii. For the purpose of eligibility under this policy, the number of years of experience in the form of Licenses issued in the name of the person who is deceased, shall be counted in case the applicant is the member of the family.

iii. Licenses issued by this Department prior to 1998 shall not be considered as a proof of experience in view of the Judgement passed by the Hon'ble High Court.

d) Applicants must submit email address (solely for shack operations) in application form for further communication with the DOT.

11. Selection Procedure.—

A. For Beach Shacks:— 1) Upon receipt of an application, GEL shall scrutinize the forms submitted as per respective experienced categories, new applicants and beach stretch.

2) If the number of eligible applicants is more than the number of beach shacks permitted on any particular identified public beach, the selection shall be decided by a draw of lots.

3) The draw of lots shall be done first for selection of the successful shack allottees and further DOT shall also select wait listed applicant by way of draw of lots as per respective categories per identified public beach stretches.

4) Mutual allocation of beach shacks locations among successful beach shacks allottees shall be permitted/allowed on the respective identified public beach stretch only if consensus is arrived among all the successful shack allottees for the particular identified public beach stretch.

Failure to arrive at a mutual consensus, allocation of beach shacks locations shall be decided by a draw of lots.

5) Any application for mutual swapping of locations of beach shacks for a particular identified public beach stretch shall be submitted to the DOT within a period of 7 working days from the date of draw of lots.

6) The beach shack applicant shall be

present in person for the draw of lots.

In case, the applicant fails to remain present for the draw of lots for the selection of beach shack allotment as well as for allotment of beach shack location, the same shall be held in his/her absence.

2172 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 29 (SUPPLEMENT) 19TH OCTOBER, 2023

In the case, where the absent applicant becomes successful shack allottee, he or she must visit the DOT within three working days to sign the beach shack location site plan, failing which the allotment of beach shack shall be cancelled forthwith and the same shall be allotted to the next waiting list applicant.

7) The list of successful applicants for successful beach shack allottee shall be uploaded on the website of the DOT mentioned above. Complaints/Objections, if any, against any successful applicant shall be submitted to the DOT.

8) In case, the number of applications received are less than that of the total number of shacks permitted in Category I and/or Category III then the remaining shacks of this category shall be allotted to the category II.

9) In case, the number of applications received are less than that of the total number of shacks permitted in Categories I and II, then the remaining shacks of this category shall be allotted to the Category III.

10) In case, the number of applications received are less than that of the total number of shacks permitted in Categories II and III, then the remaining shacks of this category shall be allotted to the Category I.

11) In case, the number of applications received are less than that of the total number of shacks permitted in Categories II, then the remaining shacks of this category shall be allotted to the Category I.

B. For Deck Beds:— 1) Application received for placement of deck beds, umbrellas, tables, chairs, sofa sets shall be summarily rejected in the following instances:

i) Site condition is not feasible,

ii) Causes congestion on the beach,

iii) Affects movement of tourist and the lifeguarding/beach cleaning/tourist police operations.

12. Standard operating requirements and

associated penalties.—

12.1 Upon allotment of the beach shack:—

a) Shall remit the annual beach shack fees by way of Demand Draft within a period of 10 days from the date of draw of lots.

b) Build shack within a month after physical demarcation of the beach shack location site by DOT. No construction shall be permitted without obtaining a provisional license from the DOT.

c) Shall obtain permissions/NOC's/ licenses as required from all other concerned Departments for operation of the beach shack within a period of two months, after physical demarcation, failing to do so, the allotment of shack will be cancelled.

d) Construct beach shack as per the specifications and provisions stipulated at Clause (7) above, only at the allotted location indicated as per DOT beach shacks- demarcated site plan and shown to the allottee. The shack allottee must sign site plan copy for official records of the DOT.

e) Either beach shack licensee or identified manager could only manage the beach shack.

f) Shall mandatorily install CCTV system

adhering to the following conditions:

i. CCTV cameras shall be functional throughout the operational hours of the shack.

ii. CCTV cameras shall record the beach shack area including its interiors and the surrounding area and shall give real-time footages of the videos recorded with internal looping and non-invasive characteristics. The licensee shall maintain 30-days footage at all times.

iii. DOT reserves the right to verify the working condition of such installed CCTV cameras.

iv. CCTV footage/recording can be viewed by the officials of DOT as and when required and the footage or recording shall be provided as and when required.

2173 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 29 (SUPPLEMENT) 19TH OCTOBER, 2023

b) Beach shack operators to track, address, complaints about activities of illegal hawkers, garbage dumps on the shores, medical emergencies and other violations reported through Beach Vigilance App, Help Line No. 1364 or any other mode.

c) In case of any emergency, beach shack operators are suggested to coordinate with the lifeguards, tourist police immediately to take necessary actions.

12.2 Upon Commencement of the beach shack operations:— a) Timing for operation of Beach Shack shall be from 7.00 a.m. to 11.00 p.m.

b) Shall use dedicated Bank Account for purpose of beach shack related transactions, details of which shall be submitted to DOT in the application form and the same shall be linked with POS machine.

c) Display requirements:— i. Shall display a Board of standard size of 3 mtr. X 2 mtr. as prescribed at Appendix-5 at conspicuous area at the entrance of the shack.

ii. Shall display board with Help Line No. 1364 in the beach shack as well as in the picket fencing area.

d) Personnel requirements within the beach shack:— i. The beach shack allottee shall submit the list of each staff engaged/working in his/her beach shack along with police verification report.

ii. Shall provide uniform to its staff working in the beach shack. Any person operating or working within or for the shack without wearing uniform and a valid ID issued by the DOT shall be presumed unauthorized.

iii. The beach shack allottee shall obtain

identity cards from the DOT.

a) To obtain a digital copy of identity card (s) on same day, the license needs to apply on DOT Portal. The Licensee needs to provide required information of all the working employee(s) to DOT through the portal. DOT shall charge Rs.100.00 for obtaining physical copy. (PVC material).

b) In case of the employee being replaced and licensee is recruiting an employee, shall apply for new identity card within a week with same details of new employee.

c) All working employees including manager need to keep physical copy identity card during the inspection.

d) Identity card is non transferrable.

e) Customer Service Requirements:—

i. Government of Goa is in line with Digital India likely to introduce "Digital Coast" at beaches of Goa where shack allottees shall compulsorily provide POS machine with his/ her preferred bank which needs to be used for all digital transactions.

ii. Shall provide printed bills with GST number for sale of food and beverages. The price of all the items shall be displayed for information of the customers and it is ensured that customers are charged at such rates only.

iii. Shall provide UPI payment system through online and prominently displayed in the beach shack, linked to POS machine as mentioned above, for accepting all sort of shack related payments. Beach shack allottee shall use his/her own bank account of whose details are provided in the application form, for all sort of shack related transactions and the said QR code facilities.

iv. Shall submit bank account statement to the DOT by Email every 3 months or as and when requisitioned by the DOT.

f) Environment protection requirements:—

i. Shall compulsorily provide portable toilet facility adhering to the norms of Goa Pollution Control Board, GCZMA and other statutory authorities.

ii. For playing of music in beach shacks, the beach shack allottees shall follow the norms as per the Noise Pollution (Regulation and Control) Rules, 2000 of Central Pollution Control Board. The sound of the music played shall be heard only within the shack and shall not cause any disturbance to surrounding occupants.

2174 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 29 (SUPPLEMENT) 19TH OCTOBER, 2023

iii. Shall make provision for giving Fire cover and First Aid to the structure and the public/tourists and shall contact the Office of the Fire Ser vice to obtain guidelines.

12.3 Upon allotment and operations of deck beds:— 1) The deck-beds shall be painted indicating licence number for the beach shack allotted.

2) Placement of deck beds, tables, chairs, umbrellas, and sofa sets within 15 mtrs. subject to High Tide Line from the frontage of the shack area which shall be picket fenced. The licensee shall ensure that no free movement of tourists/general public shall be hindered.

12.4 Additional conditions for shacks permitted at beaches identified as turtle nesting sites:— a) The shack allottee shall play proactive role in informing any of the incidences of nesting, and shall actively co- operate with the forest staff, in protection of turtle, turtle nesting site, turtle eggs hatching etc.

b) The shack allottee shall not allow the following after sunset and sunrise (i.e., after 6.00 p.m. till the sunrise on the next day).

i) Operation of beach shack & related activities like placing of deck beds. No beach beds shall be set up in the intertidal zone or very close to the waterline, which affects the turtle's movement.

ii) Artificial lighting: The shack allottee shall 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 in the Beachshacks beyond 06.00 p.m. and holding of beach par ties shall be prohibited.

iv) Display of fireworks as these can have

adverse effect on the turtles nesting.

c) Shall be liable to pay compensation of Rs. 1.00 lakh for each violation. In case, the amount of compensation is not paid by the delinquent/s, the same shall be recovered as arrears of land revenue.

12.5 Activities Prohibited under this

Policy:—

A. For beach shacks:— a) Erection of beach shack at the site other than indicated in the license issued by the DOT under this policy and as demarcated on the site plan and shown to the beach shack allottee.

b) Installing/placing standees, Display Board or any nature of installation outside the shack or on top of the shack.

c) Shack allottee shall not ply or drive any

vehicles in the beach area.

d) The beach shack allottee shall not be sublet under any circumstances. The beach shacks allottee are subject to surprise inspections by DOT and in case it is found that the allottee or Manager is absent during three consecutive inspections, it shall be presumed that the shack has been sublet. In case of subletting confirmed with/without documentary evidences to the satisfaction of DOT, penalties shall be levied as per Clause 20.

B. For placement of deck beds, tables, chairs, umbrellas, sofa sets, etc.:— a) Illegal placement of deck beds, tables, chairs, umbrellas, tents, sofa sets etc. without valid permission.

b) Shall not place deck beds, chairs, tables, umbrellas, etc., so permitted beyond 15 m. (Subject to high tide line) from frontage of the shack area or along the side of the shacks, plot boundary of applicant towards seaward side or area demarcated by DOT from the outer boundary of the owners so eligible under this policy.

c) Discharge of dirty water, liquid, sewage from the toilets, wash basin or cleaning area, garbage or any dry waste on the beach, or into the sand.

d) No septic tanks soak pits nor open

draining of toilet waste in the ground.

2175 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 29 (SUPPLEMENT) 19TH OCTOBER, 2023

Sinking of bore well, etc., in and around the Beach Shack area (as per Goa Ground Water Regulation Act, 2022, and Rules, 2003) shall not be permitted at any cost.

e) Any deck beds, tables, chairs, umbrellas, sofa sets, 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.

f) Any unauthorized deck bed, umbrella, tables, chairs, sofa set, 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. Any complaint arising out of the above said placement shall be resolved by the Director of Tourism and his decision in this regard shall be final.

C. Other General Conditions:— a) Do not disrupt sand dunes or their vegetation. Any violation shall lead to CRZ Notification, 1991 violation by Shack allottee and responsible for strict legal action.

b) Rules made under "The Goa Tourist Places (Protection and Maintenance) Act, 2001" and "The Goa, Daman and Diu Registration of Tourist Trade Act, 1982 (Act 10 of 1982) shall be strictly adhered by the shack allottee.

13. Fees for erection of beach shacks at the identified beach stretches.— 1. The cost for application form shall be Rs. 10,000.00 (Rupees ten thousand only (non-refundable) payable at the time of submission of application forms which will be one time fee.

2. Application processing fee of Rs. 13,000.00 (Rupees thirteen thousand only) (Non- refundable) payable by the successful shack allottee after draw of lots which will be onetime fee.

3. The year wise fees structure payable/deposited by the successful shack allottee.

Stretch A

Stretch B

2023-24 2024-25 2025-26 2023-24 2024-25 2025-26

1,50,000 1,65,000 1,81,500 1,25,000 1,37,500 1,51,250

4. The fees payable for seeking permissions for placement of deck beds and umbrella or table or chairs in front of shack as specified at clause 8.2 (a) is Rs. 30,000.00 (Rupees thirty thousand only) per season.

5. The successful allottee shall be liable to pay the annual beach shack fees by way of Demand Draft within a period of 10 days from the date of draw of lots, failing which action shall be initiated as per Clause 20.

6. The Security Deposit (Refundable) in the form of Demand Draft payable by the successful applicants shall be submitted along with annual fees of the tourist season 2023-24.

2176 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 29 (SUPPLEMENT) 19TH OCTOBER, 2023

"A" Category beaches: Rs. 1,00,000.00

(Rupees one lakh only)

"B" Category beaches: Rs. 50,000.00

(Rupees fifty thousand only).

7. The demand drafts towards application

forms and security deposit shall be drawn in

favour of Director of Tourism, Panaji-Goa,

payable at Panaji-Goa and Demand Draft

towards processing fees shall be drawn in

favour of M/s. Goa Electronics Ltd.

8. The annual beach shack fee shall be paid

every year latest by 15th August. In case of

non-payment of the annual beach shack fee,

action shall be taken as per Clause 20.

14. Instructions ro unsuccessful shack applicants.— The un-successful shack

applicants shall not erect any beach shack.

15. Instances for allotment of shacks to waiting list applicant.— a) Failure of

successful allottee to attend the draw of lots

and also in case of failure to report to the

DOT within working three days from the date

of draw of lots to sign the site plan.

b) Failure to pay the annual beach shack

fee within a period of 10 days from the draw

of lots for the tourist season 2023-24.

c) Failure to pay the annual beach shack

fee on or before 15th August of the tourist

season 2024-25 and 2025-26.

d) If beach shack allottee has obtained the

shack license under this policy fraudulently.

e) If application has been withdrawn by

the successful shack allottee.

f) All instances wherein licenses issued

under this policy has been cancelled/

/revoked.

16. Action by successful shack allottee in the instance of forfeiture of security deposit.—

a) In the event, the security deposit stands

forfeited for breach of terms and conditions

of this policy, the beach shack allottee shall

submit a fresh security deposit for equivalent

amount within a period of 07 days upon

receipt of the intimation of such forfeiture in

order to continue the license for erection of

temporary beach shack so allotted.

17. Release of security deposit amount.— a)

The security deposit will be returned after

the end of this policy period and after the

removal of structure and report obtained from

the Designated Authority appointed by the

DOT stating 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 policy.

b) Failure on the part of the applicant to

remove the structure latest by 10th of June

of every year for the period of license, the

security deposit shall be forfeited, and the

beach shack shall be removed by the

Department and cost of removal shall be

recovered as land revenue arrears from the

shack allottee.

18. Action taken by DOT in case of death

of a successful shack allottee.— In case of

death of the successful shack allottee upon

request of the member of the family of the

deceased person or in their absence a legal

heir of the deceased shack allottee, shall be

allowed to operate the shack for the

remaining period of this policy.

19. Action/Penalties for breach of terms and

conditions of this policy.— All the terms and

conditions of this policy shall be strictly

adhered to and any violation thereto shall

cause action as below:

20. Breach of terms under this policy and

associated penalties for beach shacks2177 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 29 (SUPPLEMENT) 19TH OCTOBER, 2023 Conditions of Breach of the terms Penalty for breach of the terms

1

Failure to erect the beach shack within one month by the successful beach shack allottee from the date of physical demarcation of shack at site or issue of provision licenses

Failure to remit beach shack fees by way of demand draft within a period of 10 days from the date of draw of lots and 15th August as per the Clause 15 (c)

Erection of beach shack without payment of the an- nual fees

Sub - Lease of Beach shack

Erection of beach shack at the site other than indicated in the license to be issued by the Depar tment of Tourism under this policy, as demarcated on the site plan drawn by the Department and shown to the allottee by physical demarcation

2

a. Provisional License issued under this Policy shall be cancelled.

b. Security Deposit amount shall be forfeited to Government Treasury.

c. Beach shack shall be allotted to next waitlisted beach shack allottee in the respective category.

a. Allotment of beach shack shall be cancelled.

b. Beach shack shall be allotted to next waitlisted beach shack allottee in the respective category.

a. Allotment of beach shack under this policy shall be cancelled.

b. Security Deposit amount shall be forfeited to Government Treasury.

c. Erected beach shack shall be demolished at the cost and risk of the beach shack allottee and the cost of such removal shall also be recovered from the beach shack allottee by way of demand arrears of Land Revenue.

d. Beach Shack shall be allotted to next waitlisted applicant in the respective category.

e. Beach shack allottee shall be permanently blacklisted and shall be debarred from participating in the Tourism shack policy to be formulated by the DOT in future.

a. Penalty of Rs. 25,00,000/- shall be imposed on the concerned beach shack allottee.

b. Security deposit amount shall be forfeited to Government Treasury.

c. License issued under this Policy shall be cancelled.

d. Erected beach shack shall be demolished at the cost and risk of the beach shack allottee and the cost of such removal shall also be recovered from the beach shack allottee by way of demand arrears of Land Revenue.

e. Beach shack allottee shall be permanently blacklisted and shall be debarred from participating in the Tourism shack policy to be formulated by the DOT in future.

a. Security deposit amount shall be forfeited to Government Treasury.

b. Allotment of beach shack of the beach shack allottee under this policy shall be cancelled.

c. Erected beach shack shall be demolished at the cost and risk of the beach shack allottee2178 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 29 (SUPPLEMENT) 19TH OCTOBER, 2023 1

2

and the cost of such removal shall also be recovered from the beach shack allottee by way of demand arrears of Land Revenue.

d. Beach shack allottee shall be blacklisted and shall be debarred from participating in the Tourism shack policy to be formulated by the DOT for 10 years.

Erection of beach shack bigger than the permitted size in violation of the Clause No. 7.1, 7.2, 7.3 of this policy

a. Excess portion of the beach shack shall be demolished at the cost and risk of the applicant and the cost of such removal shall also be recovered from the beach shack allottee by way of demand arrears of Land Revenue.

b. Security deposit amount shall be forfeited to

Government Treasury.

a. The beach shack shall be demolished.

Erection of beach shack in violation of the Clause No. 7.4 of this policy

b. Security deposit shall be forfeited. License issued under this Policy shall be cancelled.

c. Erected beach shack shall be demolished at the cost and risk of the beach shack allottee and the cost of such removal, shall also be recovered from the beach shack allottee by way of demand arrears of Land Revenue.

d. Beach shack allottee shall be debarred for

remaining period of the policy.

Unhygienic Toilets

a. On 1st occasion, penalty of Rs. 10,000.00 shall

be levied.

b. On 2nd occasion, penalty of Rs. 20,000.00 shall

be levied.

c. On 3rd occasion, the license shall be cancelled, beach shack allottee shall be permanently blacklisted and license shall be issued to the wailing list applicant.

license shall be issued to the wailing list applicant.

Erection of beach shack by unsuccessful shack applicant

allottee shall be permanently blacklisted and a. Beach shack shall be demolished at the cost and risk of the beach shack allottee and the cost of such removal, shall also be recovered from the beach shack allottee by way of demand arrears of Land Revenue.

b. Beach shack allottee shall be permanently blacklisted and shall be debarred from participating in the Tourism shack policy to be formulated by the DOT in future.

a. Penalty of Rs. 5,000.00 for each illegally placed

item.

Placement of illegal deck beds, tables, chairs, umbrellas, tents, sofa sets etc. without valid permission

b. Illegally or extra placed items will be

confiscated.

c. Confiscated materials shall not be released and same shall be disposed of by public auction.

2179 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 29 (SUPPLEMENT) 19TH OCTOBER, 2023

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Sinking of bore well, septic tanks, laying of underground electric wires etc. in and around the beach shack area

Placement of deck beds, tables, chairs, umbrellas, sofa set etc. beyond the 15 mtrs. frontage of the beach shack area or along the side of the shacks or beyond the demarcated area

Failure to paint the Deck-Beds, Tables, Chairs and to paint with license No. allotted

Overcharging other than prescribed or displayed on such rate

2

a. Security Deposit amount shall be forfeited to Government Treasury.

b. License issued under this Policy shall be cancelled.

c. Erected beach shack shall be demolished at the cost and risk of the beach shack allottee and the cost of such removal, shall also be recovered from the beach shack allottee by way of demand arrears of Land Revenue.

a. On 1st occasion, additionally placed items/ /materials shall be confiscated and penalty of Rs. 5,000.00 each item confiscated shall be levied.

b. Confiscated materials shall not be released and same shall be disposed of by public auction.

c. On 2nd occasion, in addition to action under (a) and (b) above, the Security deposit submitted by the beach shack allottee shall be forfeited to the Government Treasury.

d. On 3rd occasion, in addition to action under (a), (b) and (c) above, beach shack license issued under this policy shall be cancelled, shack will be demolished being habitual offender.

a. On 1st occasion, penalty of Rs. 20,000.00 shall be levied and deck-beds, tables, chairs, sofa set etc. without license number shall be confiscated.

b. On 2nd occasion, Security Deposit amount shall be forfeited to Government Treasury and deck-beds, tables, chairs, etc.

c. On 3rd occasion, in addition to action under (b) above, license issued to the beach shack allottee shall be cancelled.

a. On 1st occasion License issued under this policy shall be suspended for a period of 15 days.

b. On 2nd occasion, in addition to action under (a) above the Security Deposit submitted by the beach shack allottee shall be forfeited to the Government Treasury.

c. On third occasion, in addition to action under (a) and (b) above, license issued under this Policy shall be cancelled and, the shack will be demolished at the cost and risk of the Beach Shack Allottee and the cost of such removal shall also be recovered from the Beach Shack Allottee by way of demand arrears of Land Revenue.

2180 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 29 (SUPPLEMENT) 19TH OCTOBER, 2023

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Installing/placing standees or Boards or any nature of installation outside the beach shack or on top of the shack

a. Discharge of dirty water, liquid, sewage from the toilets, wash basin or cleaning area, garbage or any dry waste on the beach, or into the sand

b. Burning or burying of waste/garbage in any form in bushes/vegetation's or dunes

c. Association with Vagabonds, Masseurs, hawkers and sale/display of any other items other than food and beverages

d. Disturb any existing sand dunes and pioneer beach vegetation covering the sand dunes

e. Not maintaining dustbins, not disposing of waste water properly, illegal dumping/ burying of garbage in the vicinity or any portion/place of beach stretch

f. Installing any soak pit, open draining of sewage and toilet waste in to the sand on the beach

g. In case of any dirt/garbage, fire wood, charcoal, etc. found behind the beach shack or nearby

Failure by the beach shack allottee to submit names of the Manager/Asst. Manager and other staff to be employed in the beach shack before commencement of beach shack operation

2

a. On 1st occasion standees shall be confiscated and penalty of Rs. 5,000.00 each per standee or boards etc. shall be levied.

b. On 2nd occasion, in addition to action under (a) above, Security Deposit submitted by the Beach Shack Allottee shall be forfeited to the Government Treasury.

c. On 3rd occasion in addition to action under (a) and (b) above license issued under this Policy shall be cancelled, the beach shack will be demolished at the cost and risk of the Beach Shack Allottee and the cost of such removal shall also be recovered from the Beach Shack Allottee by way of demand arrears of Land Revenue.

a. On 1st occasion, Security Deposit submitted by the applicant shall be forfeited to the Government Treasury.

b. On the second occasion, in addition to action under (a) above, the license issued under this Policy shall be cancelled.

a. After period of one month from the commencement of shack operation, Rs. 1,000.00/- each day shall be levied as penalty.

b. After completion of one-month period. Rs. 5,000.00 each day shall be levied as penalty for 30 days.

c. Failure to comply, on 3rd occasion, allotment of beach shack issued under this Policy shall be cancelled.

d. The beach shack allottee shall be debarred from applying for shacks allotment in future for a period of three years.

2181 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 29 (SUPPLEMENT) 19TH OCTOBER, 2023

1

Failure 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

For violation of Clause 12.2 (f) (ii) above reg. playing of music within shack arena

Failure to remove/dismantle the beach shack permitted under this policy before 10th June of every year for the period of permission respective years including disconnection of temporary electric supply, water connection, if obtained and clear and clean the area without leaving any garbage/ /discarded material at the site

Action for violations of terms and conditions of the acts namely "The Goa Tourist Places (Protection and Maintenance) Act, 2001" and rules made thereunder and "The Goa, Daman and Diu Registration of Tourist Trade Act, 1982 (Act 10 of 1982) and rules made there under

Violations of terms and conditions for shacks permitted at beaches identified as turtle nesting

Any violation of terms and conditions of this Policy penalty for which is not mentioned above

2

a. License issued under this Policy shall be cancelled.

b. If shack is erected, the same shall be demolished at the cost and risk of the Beach Shack Allottee and the cost of such removal shall also be recovered from the Beach Shack Allottee by way of demand arrears of Land Revenue.

a. On the 1st occasion, equipment/items shall be confiscated on the spot.

b. Confiscated materials shall not be released and same shall be disposed of by public auction.

c. The Security Deposit submitted by the applicant shall be forfeited to the Government Treasury.

d. On 2nd occasion, in addition to action under (a) , (b) and (c) above licensed issued under this policy shall be cancelled, shack will be demolished at the cost and risk of the beach shack allottee and the cost of such removal shall also be recovered from the beach shack allottee by way of demand arrears of Land Revenue.

a. Security Deposit submitted by the Beach Shack Allottee shall be forfeited to the Government Treasury.

b. Allotment of beach shack issued under this Policy shall be cancelled.

c. Beach shack allottee shall be blacklisted and shall be debarred from participating in the Tourism shack policy to be formulated by the DOT for 10 years.

Action will be initiated as per the provisions contained in the respective acts in additions to the provisions of this policy.

a. In addition to compensation/penalty of Rs. 1.0 lakh as per 12.4 (c) of this policy, on 1st occasion, Security Deposit submitted by the Beach Shack Allottee shall be forfeited to the Government Treasury.

b. On the second occasion, in addition to action under (a) above the license issued under this Policy shall be cancelled; fresh Security Deposit shall be forfeited, shack will be demolished, shack will be allotted waitlisted applicant.

a. Security Deposit submitted by the beach shack allottee shall be forfeited to the Government Treasury.

b. Any other action deemed fit to be decided by the Director of Tourism.

2182 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 29 (SUPPLEMENT) 19TH OCTOBER, 2023

1

2

Failure to erect Picket Fencing a. On 1st occasion, penalty of Rs. 10,000.00 shall be levied if picket fencing is not erected within 30 days from the period of issue of provision license.

b. On 2nd occasion, penalty of Rs. 20,000.00 shall be levied if picket fencing is not erected within 60 days of issue of provision licence.

c. On 3rd occasion, the license shall be cancelled, Security Deposit amount shall be forfeited to Government Treasury, shack will be demolished and shack will be allotted waitlisted applicant.

21. Monitoring Mechanism:—

a) All the Licensees/Beach Shack Allottees shall co-operate with authorized DOT officials for enforcement.

b) Enforcement teams and personnel will inspect beaches, penalize, and demolish illegal structures, and seize unauthorized items.

c) DOT has developed a Beach Vigil App for reporting of illegal activities on day to day basis and action will be initiated accordingly.

Suneel Anchipaka, IAS, Director of Tourism.

______

APPENDIX-1

NORTH GOA

'A' Stretches

'B' Streches

Sr. Name of the Size of the Sr. Name of the Size of the No. Beach Shack No. Beach Shack 1 Calangute

1. Arambol 18 m X 8m (a) Saunta First four Shacks 2. Mandrem do Vaddo at the entrance

12m X 8m balance shacks 18 x 8 m

(b) Khobra Vaddo 18m X 8m 3. Morjim do (c) Umta Vaddo do 4. Ozrant do (d) Maddo Vaddo do 5. Anjuna do (e) Tivai Vaddo do 6. Vagator do (f) Gaura Vaddo do 7. Siridao do 2. Candolim 8. Chapora do (a) Ximer 18m X 8m

(b) Escrivao Vaddo do

(c) Camotim Vaddo do

(d) Murud do

(e) Vaddie do

(f) Dando do2183 OFFICIAL GAZETTE — GOVT. OF GOA OFFICIAL GAZETTE — GO VT. OF GOA SERIES I No. 29 (SUPPLEMENT) 19TH OCTOBER, 2023 SERIES I No. 29 (SUPPLEMENT) 19TH OCTOBER, 2023

SOUTH GOA

'A' Str etches

'B' Streches

Sr. Name of the Size of the Sr. Name of the Size of the No. Beach Shack No.

Beach Shack 1. Majorda 18m X 8m 1. Velsao 18m X 8m 2. Colva do 2. Arrosim do 3. Lounginhos (Colva) do 3. Utorda do 4. Colmar (Colva) do 4. Thonvaddo (Betalbatim) do 5. Benaulim do 5. Ranvaddo (Betalbatim) do 6. Calvaddo do 6. Sunset Beach (Betalbatim) do 7. Varca do 7. Ghonsua (Betalbatim) do 8. Fatrade (Varca) do 8. Sernabatim (Colva) do 9. Mobor (Cavelossim) do 9. Velludo (Benaulim) do 10. Khandivaddo (Cavelossim) do 10. Zalor do

11. Baina do

12. Bogmalo do .

_________

APPENDIX 2

AFFIDAVIT

I, ___________________________________ son/daughter of __________________ residing at _______________________________________________________Goa, do solemnly affirm and state as under:-

1. That I have submitted an application to the Department of Tourism, Panjim-Goa in the prescribed application form, for grant of license for erection of Temporary beach shack at ________________ Beach under GOA STATE SHACK POLICY FOR ERECTION OF TEMPORARY SEASONAL STRUCTURES, BEACH SHACKS, DECK BEDS/UMBRELLAS, FOR TOURIST SEASONS 2023-26 (3 YEARS).

2. That my age is .................. as on the date of application.

3. That I do not have any employment, pension, and not engaged in any business, vocation, profession and any nature of employment directly or indirectly.

4. That I do not have any pending criminal charge sheets in Indian courts OR have not been convicted in the Court of Law or blacklisted for sub lease of beach shack.

5. That my family comprise of following members

Sr. No. Name Date of Birth Age Relation

6. That in case my family get more than one beach shacks, one of such beach shacks shall be surrendered by me and my family members, so as to enable Department of Tourism to allot the same to the eligible applicant in the respective category.

7. That I have read and understood terms and conditions of the GOA STATE SHACK POLICY FOR ERECTION OF TEMPORARY SEASONAL STRUCTURES, BEACH SHACKS, DECK BEDS/UMBRELLAS, FOR TOURIST SEASONS 2023-26 (3 YEARS) and strictly abide by the terms and conditions of the same.

8. That I am aware that in case of any information submitted by me as above is found to be incorrect, and in case of violation, the permission granted to me shall be cancelled forthwith and the permission fee/ /security deposit paid by me shall be forfeited to the Government Treasury.

9. That I agree to the discretion/decision given by the Director of Tourism in case of my violation to any of the clauses of the Terms & Conditions laid down in the Tourism policy.

Deponent

(_____________________)

2184 2184OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 29 (SUPPLEMENT) 19TH OCTOBER, 2023

APPENDIX 3

Application Form For Erection of Beach Shacks at the Identified Beach Stretches2185 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 29 (SUPPLEMENT) 19TH OCTOBER, 2023

2186 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 29 (SUPPLEMENT) 19TH OCTOBER, 2023

APPENDIX – 4

Category

  Total No. of               I                      II                 III
Shacks Allotted            (10%)                  (10%)           (Remaining
                                                                   Balance)
       1                     2                      3                  4
       1                     0                      0                  1
       2                     0                      0                  2
       3                     0                      0                  3
       4                     0                      0                  4
       5                     1                      1                  3
       6                     1                      1                  4
       7                     1                      1                  5
       8                     1                      1                  6
       9                     1                      1                  7
      10                     1                      1                  8
      11                     1                      1                  9
2187 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 29 (SUPPLEMENT) 19TH OCTOBER, 2023
 1                    2                    3                4
12                    1                    1                10
13                    1                    1                11
14                    1                    1                12
15                    2                    2                11
16                    2                    2                12
17                    2                    2                13
18                    2                    2                14
19                    2                    2                15
20                    2                    2                16
21                    2                    2                17
22                    2                    2                18
23                    2                    2                19
24                    2                    2                20
25                    3                    3                19
26                    3                    3                20
27                    3                    3                21
28                    3                    3                22
29                    3                    3                23
30                    3                    3                24
31                    3                    3                25
32                    3                    3                26
33                    3                    3                27
34                    3                    3                28
35                    4                    4                27

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2188
Cite this issue. Goa Gazette, Government of Goa, 19 October 2023. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.goa.egaz.2324-29.SI/2324-29-SI-SUG-1/. Archive identifier in.goa.egaz.2324-29.SI/2324-29-SI-SUG-1.