Goa Gazette, No. 2324-50, 14 March 2024

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Reg. No. RNP/GOA/32/2024-2026

RNI No. GOAENG/2002/6410

SERIES I No. 50

Panaji, 14th March, 2024 (Phalguna 24, 1945) PUBLISHED BY AUTHORITY

EXTRAORDINARY

GOVERNMENT OF GOA

Department of Environment & Climate Change –––

Notification

7/4/98/STE/DIR/Part-IV/1860

Noise Action Plan

Ministry of Environment, Forest and Climate

Change issued the Noise Pollution (Regulation

and Control) Rules, 2000 vide S. O. 123 (E)

dated 14-02-2000. Since the year 2000, the

said Rules have been further amended by

notifications till date.

The Hon'ble NGT in O. A. 681/2018

has issued various directions including

Preparation of Action Plan for Noise Mapping/

/Monitoring and emphasized on Remedial

Action to be taken to curb the Noise Menace

and as a result streamlined the process of

Noise mapping and Monitoring in order to

meet the standards prescribed in the Rules.

The State Government in exercise of powers vested under Rule 4 (2) read with Rule 2 (c) of the Noise Pollution (Regulation

and Control) Rules, 2000 notified the State Action Plan for control of Noise Pollution vide

Notification dated 7/4/98/STE/DIR/Part IV/

/1071 dated 05-01-2022 and published in

Official Gazette, Series II No. 42 dated

13-01-2022.

Now the Revised State Action Plan

for Control of Noise Pollution is being

issued in supersession of the Notification

dated 7/4/98/STE/DIR/Part IV/1071 dated

05-01-2022 and published in Official Gazette,

Series II No. 42 dated 13-01-2022.

Authority.— As per Rule 2 (c) of the Rules, Authority means and includes any Authority

or Officer authorised by the Central

Government or as the case may be, the State

Government in accordance with Laws in force

and includes District Magistrate, Police

Commissioner or any other officer not below

the rank of Deputy Superintendent of Police

designated for the maintenance of the

Ambient Air Quality Standards in respect of

Noise under any law for the time being in

Force.

The Department of Environment and

Climate Change be construed as an Authority

for the purpose of the definition as contained in Clause (c) of Rule 2 of the Noise Pollution

(Regulation and Control) Rules, 2000.

In addition and in pursuance of the directives of the Hon High Court of Bombay at Goa in MCA No. of 588/2010 in Suo Motu Writ Petition No. 4 of 2006, the names and the Telephone Number of the Designated are displayed on the website of the Department (www.doecc.gov.in) for easy access an updated at regular inter vals, for the information of the Public.

The State Government has designated "Authority" vide Notification No. 7/4/98/STE/ /DIR/Part I/922 dated 04-12-2007 and amended the same from time to time. The copy of the prevalent Notification is Annexed as Annexure I.

The Roles and Responsibilities of the various Authorities are as provided in Annexure-II.

Rule 2 (i) defines "Public Place" as any place to which the Public have access, whether as of right or not, and includes auditorium, hotels, public waiting rooms, convention centre's, Public Offices, Shopping Malls, Cinema Halls, Educational Institutions, Libraries, Open grounds and the like which are visited by the General Public.

Rule 2(j) defines "Night Time" as the period

between 10.00 pm and 6.00 am.

Rule 3(1) of the Rules prescribes the Ambient Air Quality Standards in respect of Noise for different areas/zones shall be such as specified in the Schedule annexed to this Rules. The Standards are annexed as (Scheduled-I of the Rule) Annexure-III.

Rule 3(2) prescribes that the State Government shall categorise the areas into Industrial, Commercial, Residential or Silence Areas/Zones for the purpose of the implementation of the Noise Standards for different areas.

The Notifications issued by the State Government for categorization of areas is annexed as Annexure IV.

Rule 3(3) prescribes that the State Government shall take measures for abatement of noise including noise emanating from vehicular movements, blowing of horns, busting of sound emitting fire crackers, use of loud speakers or public address system and sound producing instruments and ensure that the existing noise levels do not exceed the ambient air quality standards specified under these rules.

Rule 3(4) prescribes that all development authorities, local bodies and other concerned authorities while planning developmental activity or carrying out functions relating to Town and Country Planning shall take into consideration all aspects of noise pollution as a parameter of quality of life to avoid noise menace and to achieve the objective of maintaining the ambient air quality standards in respect of noise.

Rule 4(1) prescribes that the noise levels in any area/zone shall not exceed the ambient air quality standards in respect of noise as specified in the Schedule I.

Rule 4(2) prescribes that the Authority shall be responsible for the enforcement of noise pollution control measures and the due compliance of the ambient air quality standards in respect of noise.

Rule 4(3) prescribes that the respective State Pollution Control Board or Pollution Control Committees in consultation with the Central Pollution Control Board shall collect, compile and publish technical and statistical data relating to noise pollution control and measures devised for its effective prevention, control and abatement.

Action by Goa State Pollution Control Board.— The Goa State Pollution Control Board shall carry out noise level mapping along with the Police Officials after identifying locations in different zones and suggest Remedial Measures required if any based on the noise level mapping.

The Noise level mapping shall be extended to other areas if required on the recommen- dations of the District Magistrate and the locations will be selected as recommended by CPCB in their guidelines titled "Methodology for Formulation of Noise Mapping in India" annexed as Annexure V.

Procedure or Processing of Permissions.— Rule 5(1) prescribes that a loud speaker or a public address system shall not be used except after obtaining written permission from the authority.

Vide Notification No. 7/4/98/STE/DIR/Part- -IV/412 dated 31-07-2020 published in Official Gazette, Series II No. 19 dated 06-08-2020, the State Government has directed "authority" to ensure that no audio system or public address system shall be let out/ /installed without being fitted with sound limiter in any Government or Non- -Government function in the whole of the State of Goa for outdoor functions. Annexed as Annexure "VI".

Recently, CPCB has carried out demonstration of sound limiters and it has

been found that the Sound Limiter is not a

full proof system and same can easily tamper with. It is difficult for Authorities to set limits

for Sound Limiter in absence of source standard for loudspeaker while granting

permission for public address system.

There will be no requirement for permission

for functions and events having less than 100

persons and for Private functions held within

the precinct of Residential Houses and for

Community Religious functions.

A. Permanent Venues.— Those Open Air

Permanent venues for Events including hotels

lawns, open air halls, venues on beach etc.,

marriages/weddings/functions/parties etc.

shall be issued permission for not more than

3 years by the Department of Environment,

Government of Goa.

B. Temporary Venues.— In case of those Open Air temporary venues for Events including marriages/weddings/functions/ parties etc.; such venues These venues shall obtain permission for every individual event being organized by them from the Department of Environment, Government of Goa.

C. Private Function.— Functions such as e marriage, birthday, anniversaries, religious activities etc. without any commercial charge held at any venues shall be defined as Private Functions.

D. Religious and traditional cultural function.— Functions such as Feasts, Zatra, Urus etc. and the cultural events associated with such religious festivities will be termed as religious/traditional cultural function.

E. Commercial Functions.— Musical and other recreational events where the organisor levies charge for entry at open air or closed auditorium shall be defined as Commercial Function.

The Owners of the Permanent Open Air Venues including, Hotel lawns, Restaurants, Temporary Party/Event areas, Open Hall

Wedding/Party/Event venues etc. requiring use of loud speaker, Public Address system or sound amplifier in open Areas and/or open Air Venues shall have to submit an Application in the prescribed format to the prescribed Authority namely; the Director,

Department of Environment, Government of Goa online, along with details of site, location map along with fee of Rupees 60,000/- year (Rupees Sixty thousand per year only) to the Goa State Pollution Control Board.

The application shall be made in Form I

annexed to this Plan as Annexure VII.

The Department of Environment on receipt of the said Application, shall forward the same online to the Goa State Pollution Control Board (GSPCB), Concerned Deputy Collector and the Police Officials.

On receipt of the said Application and the Fee, the GSPCB shall conduct a site inspection of the venue and submit its findings to the prescribed Authority namely; the Director, Department of Environment, Government of Goa, within a fifteen days from the date of receipt of the application.

The Department of Environment, Police Officials shall convey their comments on the application within 3 working days to the concerned Deputy Collector online failing which it will be presumed that there are no comments.

The concerned Deputy Collector shall, after receipt of the Repor t of the GSPCB, Department of Environment, Police Officials grant permission for a period based on applicants request; however not exceeding a period of three years for the permanent venues indicating the conditions to be complied with by the Applicant. The permission may also be refused, if deemed necessary, indicating the reasons thereof. The grant or rejection of the permission shall be communicated to the Applicant by the concerned Deputy Collector, Government of Goa within a period of 3 working days from the date of receipt of the Report of the GSPCB/ /Department of Environment, Police Officials.

In case the permanent venue that have not obtained annual/triannual permission and the temporary venues shall have to submit an Application in the prescribed format to the prescribed Authority namely; the Director, Department of Environment, Government of Goa online, for issue of permission, along with details of site, location map along with fee of Rupees 15,000/- (Rupees Fifteen thousand only) for commercial functions and Rs. 3000/- (Rupees Three thousand only) with the fees payable to the Goa State Pollution Control Board or private functions at least fifteen days in advance.

The application shall be made in Form I

annexed to this Plan as Annexure VII.

The Department of Environment on receipt of the said Application, shall forward the same to the Goa State Pollution Control Board (GSPCB).

On receipt of the said Application and the fee, the GSPCB shall conduct a site inspection of the venue and submit its findings to the prescribed Authority namely; the Director, Department of Environment, Government of Goa, within seven days from the date of receipt of the application.

The Director, Department of Environment, Government of Goa shall, after receipt of the Report of the GSPCB, grant permission indicating the conditions to be complied with by the Applicant. The permission may also be refused, if deemed necessary, indicating the reasons thereof. The grant or rejection of the permission shall be communicated to the Applicant by the concerned Deputy Collector within a period of 3 working days from the date of receipt of the Report of the GSPCB.

There shall be no Application fee for events proposed to be conducted by Government, religious institutions and sport events and for Religious and traditional cultural functions.

Rule 5(2) prescribes that a loud speaker or a public address system or any sound producing instrument or a musical instrument or a sound amplifier shall not be used at night time except in closed premises for communication within, like auditoria, conference rooms, community halls, banquet halls or a public emergency.

There shall be no requirement for grant of permission by the prescribed Authority namely; the Director, Depar tment of Environment, Government of Goa for use of loud speaker or a public address system or any sound producing instrument or a musical instrument or a sound amplifier used either at day time or at night time; in closed premises which will include auditoria, conference rooms, community halls, banquet3094 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 50 (EXTRAORDINARY) 14TH MARCH, 2024 halls and permanent venues that have installed online noise level monitoring system at their periphery with approval of the Department of Environment and Climate Change for a period of 3 years. Day time shall mean as defined under the Noise Rules, 2000; from 06.00 a.m. to 10.00 p.m. while night time shall mean from 10.00 p.m. to 6.00 a.m.

Rule 5(3) prescribes that notwithstanding anything contained in sub-rule (2), the State Government may subject to such terms and

conditions as are necessary to reduce noise pollution, permit use of loud speakers or

public address system and the like during night hours (between 10.00 p.m. to 12.00

midnight) on or during any cultural, religious

or festive occasions of a limited duration not exceeding fifteen days in all during a

calendar year and the concerned State Government or District Authority in respect

of its jurisdiction as authorized by the concerned State Government shall generally

specif y in advance, the number and

par ticulars of the days on which such exemption should be operative.

Explanation.— For the purpose of this

sub-rule, the expressions.—

(i) "festive occasion" shall include any National function or State function as notified by the Central Government or State Government and

(ii) National function or State function

"shall include"

(A) Republic Day

(B) Independence Day

(C) State Day

(D) Such other day as notified by the Central Government or the State Government.

Rule 5(4) prescribes that the noise level at the boundary of the public place, where loud speaker or public address system or any other noise source is being used shall not exceed 10 dB(A) above the ambient noise standard for the area or 75 dB(A) whichever is lower.

Rule 5(5) prescribes that the peripheral noise level of a privately owned sound system or a sound producing instruments shall not, at the boundary of the private place, exceed by more than 5 dB(A) the ambient noise standard specified for the area in which it is used.

Monitoring of Noise Levels.— The Central Pollution Control Board in their report on "Scale of compensation to be recovered for

violation of Noise Pollution (Regulation and

Control) Rules, 2000" submitted in compliance to Hon'ble NGT order dated

01-08-2019 in the matter of OA/519/2016 at para 4.0, recorded the limitations of the Noise

Rules and sub-para (ii) has recorded as follows:

"In order to verify compliance, ambient

noise monitoring is to be carried out for 16 hours (day time) and violation of specific

source of noise can be identified due to background noise. Further, as impact of the

noise source, duration of which mostly varies from few seconds to few minutes

gets leveled when monitoring for long

duration (16 hrs) is carried out."

16. The Central Pollution Control Board has

issued a protocol for Ambient Level Noise Monitoring in July, 2015 wherein at para 6.0

the CPCB has prescribed the monitoring time

as follows:

17. "6.0 The monitoring should be carried out minimum 75% of the prescribed day time (6.00 am to 10.00 pm) and night time (10.00 pm to 6.00 pm). The exercise has to be carried out for 6 to 8 hours, in the said time frame of day and night. It is always preferable to have a large number of data sets, thus 1 sec sampling frequency is recommended."3095 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 50 (EXTRAORDINARY) 14TH MARCH, 2024 18. However, in order to effectively monitor

the event, the monitoring team will record

one hourly/half hourly result to ensure

that the noise levels do not exceed the

prescribed limits. Action will be initiated based

on the 6/8 hourly results or minimum 3 hour

average depending on the nature and

duration of the event/function/programme.

19. The Noise Level Monitoring will be

carried out as per the protocol for Ambient

Noise Monitoring of the CPCB published in

July, 2015.

Action by Transport Department.— Rule 5A (1) prescribes that no horn shall be used

in silence zones or during night time in

residential a reas except during a public

emergency.

a) The horns or other noise producing

devices on vehicles should comply with

Rule 119 of the Motor Vehicles Rules. No

vehicle with sound boxes or modified

exhaust should be permitted to ply.

Requirement for complying with these

should be indicated in the licenses and

looked into while issuing and renewing

license. While appropriate legal action may

be taken for the first offence committed by

the driver/vehicle, in case the offence

happening for the second time, route

permit, wherever applicable, of such

vehicle/driver shall be cancelled and sound

box seized.

b) The Transport Depar tment may

conduct a study to identify major Noise

Generating Zones/Junctions in the State.

Based on the findings of this study; the

Depar tment should make appropriate

Noise Pollution Control Measures in

consultation with GSPCB.

1) The Road Transpor t Authority/Car

dealer/Audio equipment seller shall ensure that audio system in the vehicle shall be

installed with a Noise Limiter. The noise level

of any such audio system installed in a

vehicle shall not exceed 75 dB(A) at 2 meters

distance from the vehicle.

2) Penalties for the first offence will be

levied in accordance to the provision of the

Motor Vehicles Act. For subsequent offence

action as per the provision of section 15 of

the Environment (Protection) Act, 1986 in

addition to the provision of the Motor Vehicles

Act and removal of audio system and

accessories/confiscation.

Firecrackers.— Rule 5A (2) prescribes that

sound emitting fire crackers shall not be burst

in silence zone or during night time.

1. As per direction of the Hon'ble Supreme

Court, following time limits are prescribed

for bursting fire crackers:

Diwali: 8 p.m. to 10 p.m.

Guru purnima: 4 a.m. to 5 a.m. and 9 p.m.

to 10 p.m.

New Year and Christmas: 11:55 p.m. to

12:30 a.m.

Rule 5A (3) prescribes that the sound

emitting construction equipments shall not

be used or operated during night time in

residential areas and silence zones.

Procedure or Action in case of Violations.—

x) Rule 6 of the Noise Rules sets out the

consequences of any violation in silence

zone/area as follows:

Whoever, in any place covered under the

silence zone/area commits any of the

following offence, he shall be liable for penalty

under the provisions of the Environment

Protection Act:

(i) whoever, plays any music or uses any

sound amplifiers,

(ii) whoever, beats a drum or tom-tom or blows a horn either musical or pressure,

or trumpet or beats or sounds any

instrument, or

(iii) whoever, exhibits any mimetic, musical or other performances of a nature

to attract crowds.

(iv) whoever, bursts sound emitting fire

crackers; or

(v) whoever, uses a loud speaker or a

public address system.

1. Rule 7 (2) of the Noise Rules states as follows: The authority shall act on the complaint and take action against the violator

in accordance with the provisions of these

rules and any other law in force.

The Authority will levy scale of

compensation for violation of Noise Rules.

As submitted by the Central Pollution

Control Board in compliance to Hon'ble National Green Tribunal (NGT) dated

01-08-2019 in the matter O.A No. 519 of 2016

Titled; Hardeep Singh & ORS VS SDMC & ORS and annexed herewith as Annexure …..

2. Rule 8 of the Noise Rules states as

follows:

(1) If the authority is satisfied from the

report of an officer in-charge of a police station or other information received by him

including from the complainant that it is necessary to do so in order to prevent

annoyance, disturbance, discomfort or injury or risk of annoyance, disturbance, discomfort

or injury to the public or to any person

who dwell or occupy n property on the vicinity, he may, by a written order issue

such directions as he may consider necessary to any person for preventing, prohibiting,

controlling or regulating:

3. (a) the incidence or continuance in or

upon any premises of –

4. (i) any vocal or instrumental music,

5. (ii) sounds caused by playing, beating,

clashing, blowing or use in any manner

whatsoever of any instrument including

loudspeakers, public address systems, horn,

construction equipment, appliance or

apparatus or contrivance which is capable of

producing or re-producing sound, or

6. (iii) sound caused by bursting of sound

emitting fire crackers, or

7. (b) the carrying on in or upon, any

premises of any trade, avocation or operation

or process resulting in or attended with noise.

8. (2) The authority empowered under sub- rule (1) may, either on its own motion, or on

the application of any person aggrieved by an order made under sub-rule (1), either

rescind, modify or alter any such order:

The Authorities prescribed under the Rules

will initiate necessary action in case of

violations in case of commercial events and

in case of private events on the

recommendation of the Department of

Environment/Goa State Pollution Control

Board including levy of compensation as per

the repor t of the CPCB "Scale of

Compensation" in compliance to the

directions of the Hon'ble NGT.

Until the portal operation is commission

process the application shall be mailed to

email id goacoastalandenvtmangsty@

gmail.com and CC to [email protected].

By order and in the name of the Governor

of Goa.

Johnson B. Fernandes, Director

(Environment & CC).

Panaji, 14th March, 2024.

ANNEXURE – I

Notification of Authority

No.: 7/4/98/ENVT&CC/DIR/Part III/208

Read : (i) Notification No. 7/4/98/STE-DIR/Part I/922 dated 04-12-2007.

(ii) Addendum No. 7/4/98/STE-DIR/Part I/1545 dated 15-01-2010.

(iii) Addendum No. 7/4/98/STE-DIR/Part I/104 dated 23-04-2015.

(iv) Addendum No. 7/4/98/STE-DIR/Part II/480 dated 12-09-2019.

(v) Order No. 7/4/98/ENVT&CC/DIR/Part III/1508 dated 09-02-2023.

Order

Vide above read Notifications, the Government of Goa, in pursuance of clause (c) of Rule 2 of the Noise Pollution (Regulation and Control) Rules, 2000 (hereinafter called the "said Rules"), has designated various Officers as 'Authority' for the maintenance of the ambient air quality standards in respect of noise under the said Rules.

2. The Hon'ble High Court of Bombay at Goa, Panaji vide its directives in MCA No. 588 of 2010 in Suo Motu Writ Petition No. 4 of 2006 (The Citizens Committee on Noise Pollution v/s State of Goa); has directed that the list of the Officers designated as 'Authority' under the said Rules, should be published for information of the public alongwith details of their telephone numbers.

In pursuance of the directives of the Hon'ble High Court, Department of Environment & Climate Change;

hereby publishes the names and telephone numbers of the Officers designated as 'Authority' under the said Rules, for general information of the public.

ANNEXURE-II

Officials of the State Government nominated as "Authority" under the Noise Rules along with their respective Roles and Duties.

ANNEXURE III

Ambient Air Quality Standards in respect of Noise as per the Notification are as follows:

ANNEXURE-IV

Notification

No. 7/4/98/STE/DIR/Part-IV/753

Read: 1) Notification No. 7/4/98/STE/DIR/Part/754 dated 19-09-2000 published in Official Gazette, Series II No. 39 dated 26-12-2002.

2) Notification No. 7/4/98/STE/DIR/Part 1/557 dated 14-07-2008 published in the Official Gazette, Series II No. 15 dated 15-07-2008, Extraordinary No. 5.

Pursuant to sub-rule (2) of Rule 3 of the Noise Pollution (Regulation and Control) Rules, 2000 hereinafter called the "Said Rules" and in super-session of the Notification read above, the Government of Goa hereby categorizes the areas declared as industrial (including airport zones), commercial and residential as per the notifications issued by the Government of Goa as industrial, commercial and residential areas as mentioned in II below for the purpose of said sub-rule (2) of Rule 3 of the said Rules and the ambient air quality standards in respect of noise as mentioned in the Schedule as per Rule 3(1) & 4(1) of Noise Pollution Rules, 2000, shall ispo-facto be applicable to these areas as noise level zones/noise mapping:

I.

Further, in pursuance of sub-rule (5) of Rule 3 of the said Rules, the Government hereby declares an area comprising of 100 meters radius around all hospitals/educational institutions and Courts as silence arr a zone for the purpose of the said Rules.

The Authority constituted in terms of Rule 2(c) shall take cognisance of this Notification and act accordingly if in case there are violations reported in their jurisdiction.

*In case of silence zone for turtle nesting sites the same is as decided by the GCZMA.

Annexure-V

Annexure-II

STANDARDS FOR HORNS

ANNEXURE-VI

Notification

No. 7/4/98/STE/DIR/Part-IV/412

Read: 1. Notification No. 7/4/98/STE/DIR/Part 1/922 dated 04-12-2007 published in Official Gazette, Series II No. 37 dated 13-12-2007.

2. Notification No. 7/4/98/STE/DIR/Part 1/1545 dated 0415/01/2010 published in Official Gazette, Series II No. 44 dated 28-01-2010.

3. Notification No. 7/4/98/STE/DIR/Part 1/104 dated 23-04-2015 published in Official Gazette, Series II No. 9 dated 28-05-2015.

4. Notification No. 2/3/2002-HD(G)/Part/44 dated 02-01-2019 published in Official Gazette, Series II No. 41 dated 10-01-2019.

5. Notification No. 2/3/2002-HD(G)/Part/199 dated 011-01-2019 published in Official Gazette, Series II No. 43 dated 24-01-2019.

In exercise of the powers conferred by sub-rule (3) of Rule 5 read with Clause (c) of Rule 2 of the Noise Pollution (Regulation and Control) Rules, 2000, the Government of Goa hereby direct the Authorities read above from (1) to (4) to take into consideration all aspects of noise pollution as a parameter of quality of life to avoid noise menace and to achieve the objective of maintaining the ambient air quality standards in respect of noise.

The Authorities designated in the State of Goa are also under obligation to ensure that no audio system or public address system shall be let out/installed without being fitted with sound limiter in any Government or non-Government function in the whole of the State of Goa for outdoor functions. Further, no sound system should be sold/purchased/supplied/used by any manufacturer/dealer/shopkeeper without installation of sound limiter for use in outdoor areas.

This issues with approval of Government for vide 335 dated 31-07-2020.

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

Johnson Fernandes, Director & ex officio Joint Secretary (Environment & CC).

Porvorim, 31st July, 2020.

_____

ANNEXURE -VII

Consent required for only the Commercial Establishments/Institution playing music continuously for more than 7 days in a month.

APPLICATION FOR PLAYING MUSIC/PUBLIC ADDRESS SYSTEM

APPLICATION FORM

FOR

(AMPLIFIED SOUND LICENCE FROM SDM/ADM, etc.)

(Circle mark the relevant)

01. Name of the applicant:

02. Full residential address:

03. Telephone number/Mobile:

04. Full address where permission is sought:

05. Venue Type: Indoor/Outdoor

Public Place: Private House/Religious Institution/Educational Institution/Hospital/Hotel Resort/Marine Cruise/ /Mobile Announcement/Commercial Hall/Public Road.

06. Type of Function:

Educational Religious/Government/Public Private/Sports/Entertainment show/Party/Wedding/Discotheque /Drama-Tiartr Natak....

List any other than above.

07(a). If Public Road or Public Open air space, attach a copy of the license obtained from the competent authorities:

07(b). If Public Road, attach N.O.C. from the concerned Traffic Police Department:

08. Type of Sound System: Public address system/Hi-Fi Music system/Brass band/Other HI-Fi music system.

09. Music: Recorded/Live.

10. Output Power of amplification in Watts: 50/100/above 100/above 1000/ above 10000.

11. If Discotheque: Entrance/Exit is Double/Single door system.

12. Timings of the function: From _______ To _______.

13. Fire works intended: Yes/No.

13(a) If Yes, specify:

Standard/Pyrotechnic Display/Dada Bombs/Traditional [Khozne]/Any other or All above.

Note:- (i) If permission is required for more than seven days a month, at any location for use of loud speakers/Public Address System in open air, in residential area, a letter of consent from the Goa State Pollution Control Board under Air (Prevention and Control of Pollution) Act, 1981 is mandatory. In such cases enclosed form is also to be filled and submitted to Goa State Pollution Control Board.

(ii) If the permission is for indoor music, the applicant has got the option of asking for permission for long period which may cover the entire season. The date and month of start and close may be mentioned.

Department of Revenue

–––

Notification

1/2/2023/RD-I/267

Whereas, the draft Rules, namely, the Goa Agricultural Tenancy (Special Rights and Privileges of Tenants) (Amendment) Rules, 2024 which the Government of Goa proposed to make in exercise of the powers conferred by section 61 read with section 18L of the Goa Agricultural Tenancy Act, 1964 (Act No. 7 of 1964), so as to further amend the Goa Agricultural Tenancy (Special Rights and Privileges of Tenants) Rules, 1977 were pre-published as required by sub-section (2) of section 61 of the said Act vide Government Notification No. 1/2/2023/RD-I/26 dated 05-01-2024 of the Revenue Department, in the Official Gazette, Extraordinary No. 2, Series I No. 40, dated 08-01-2024, inviting objections and/or suggestions from all persons likely to be affected thereby within a period of fifteen days from the date of publication of the said Notification in the Official Gazette;

And whereas, the said Official Gazette was made available to the public on 08-01-2024;

And whereas, objections/suggestions received from the public on the said draft Rules have been considered by the Government;

Now, therefore, in exercise of the powers conferred by section 61 read with section 18L of the Goa Agricultural Tenancy Act, 1964 (Act No. 7 of 1964) and all other powers enabling it in this behalf, the Government of Goa hereby makes the following rules so as to fur ther amend the Goa Agricultural Tenancy (Special Rights and Privileges of Tenants) Rules, 1977, namely:—

1. Short title and commencement.— (1) These rules may be called the Goa Agricultural Tenancy (Special Rights and Privileges of Tenants) (Amendment) Rules, 2024.

(2) They shall come into force on the date

of their publication in the Official Gazette.

2. Amendment of rule 6.— In rule 6 of the Goa Agricultural Tenancy (Special Rights and Privileges of Tenants) Rules, 1977, after clause (h), the following clauses shall be inserted, namely:—

"(i) that the land is required for a public purpose as defined under clause (za) of section 3 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2023); and

(j) that the land is required for a community/public purpose by a local authority i.e. Village Panchayat, Muncipal Council or Municipal Corporation.".

By order and in the name of the Governor

of Goa.

Avelina D'sa E Pereira, Under Secretary

(Revenue-I).

Porvorim, 14th March, 2024.

––––––

Notification

1/1/2023/RD-I/269

Whereas, the draft rules, namely, the Goa Agricultural Tenancy (Discharge of Joint Responsibility of Tenants) (Amendment) Rules, 2023 which the Government of Goa proposed to make in exercise of the powers conferred by section 61 read with section 42-A of the Goa Agricultural Tenancy Act, 1964 (Act 7 of 1964), so as to further amend the Goa, Daman and Diu Agricultural Tenancy (Discharge of Joint Responsibility of Tenants) Rules, 1975 were pre-published as required by sub-section (2) of section 61 of the said Act vide Government Notification No. 1/1/2023/RD-I/1479 dated 22-12-2023 of the Revenue Department, in the Official Gazette, Series I No. 40, dated 04-01-2024, inviting objections and suggestions from all persons likely to be affected thereby within a period of fif teen days from the date of publication of the said Notification in the Official Gazette;

And whereas, the said Official Gazette was made available to the public on 04-01-2024;

And whereas, no objections and suggestions have been received from the public on the said draf t Rules by the Government within the stipulated period;

Now, therefore, in exercise of the powers conferred by section 61 read with section 42-A of the Goa Agricultural Tenancy Act, 1964 (Act 7 of 1964) and all other powers enabling it in this behalf, the Government of Goa hereby makes the following rules so as to further amend the Goa, Daman and Diu Agricultural Tenancy (Discharge of Joint Responsibility of Tenants) Rules, 1975, namely:—

1. Short title and commencement.— (1) These rules may be called the Goa Agricultural Tenancy (Discharge of Joint Responsibility of Tenants) (Amendment) Rules, 2024.

(2) They shall come into force on the date

of their publication in the Official Gazette.

2. Amendment of rule 6.— In the Goa, Daman and Diu Agricultural Tenancy (Discharge of Joint Responsibility of Tenants) Rules, 1975 (hereinafter referred to as the "principal Rules"), in rule 6,—

(i) in sub-rule (1), the following proviso

shall be inserted, namely:—

"Provided that if any office bearer of the Managing Committee is proved to be involved in misappropriation, he shall be disqualified from contesting further elections.";

(ii) after sub-rule (5), the following

sub-rule shall be inserted, namely:—

"(5A) The Managing Committee shall update Form III annually by following the procedure as specified below:—

(a) On the 5th day of January of each year, the Attorney of the Managing Committee shall publish a notice in Form IX hereto inviting applications for inclusion of members in the list of members of the Association. Such notice shall be published on the notice boards of the Offices of the concerned Village Panchayat, the Mamlatdar of the Taluka and the Block Development Officer (B.D.O.) of the Block and also in one local newspaper having wide circulation in the State of Goa.

(b) The Attorney of the Managing Committee shall receive such applications till the 31st day of January of such year. He shall then display a list of such applications received on the notice boards of the Offices of the Village Panchayat, B.D.O and Mamlatdar of the Taluka for a period of five days i.e. from the 10th day of February upto 15th day of February.

(c) The Attorney shall place all the applications received under clause (b) before the Managing Committee during the meeting of the Managing Committee which shall be held on the 16th day of February, which shall decide such applications by recording reasons therefor.

(d) The Attorney shall include the new names in the list of members as per the decision of the Managing Committee and display the updated List of members of the Association on the notice boards of the Offices of the Village Panchayat, B.D.O and Mamlatdar of the Taluka and also submit such list of members to the Mamlatdar of the Taluka for the purpose of record, by the 25th day of February of the year.

(e) Any person aggrieved by the decision of the Managing Committee under clause (c) above may prefer an appeal to the respective Mamlatdar of Taluka, within a period of 15 days from the date of display of list of members under clause (d).";

(iii) in sub-rule (15), after the existing proviso, the following proviso shall be inserted, namely:—

"Provided fur ther that Mamlatdar shall impose a fine equivalent to five times of the amount misappropriated, against the present or erstwhile office bearer of the Managing Committee in the event the lapses are proved by inquiry. If any misappropriation is proved during the summary enquiry, the Mamlatdar shall recover such misappropriated amount and fine from such office bearer personally and the Mamlatdar shall maintain record of the same.".

3. Amendment of rule 7.— In the principal

Rules, in rule 7, in sub-rule (1),—

(i) for the expression "Rs. 50/-", the expression "Rs. 500/-" shall be substituted;

(ii) for the expression "Rs. 5000/-", the expression "Rs. 25,000/- per month, per association" shall be substituted.

4. Amendment of rule 8.— In the principal Rules, in rule 8, in sub-rule (1), for the expression "The auction amount shall be paid in four instalments payable on the 10th of January, 10th of April, 10th of July and 10th of October.", the expression "The entire auction amount shall be deposited with the Tenants Association before signing the agreement in Form VIII. The Government shall have 20% of the income accrued from the lease of fishing rights of the sluice gates, lease of trees, to be deposited in Government treasury." shall be substituted.

5. Amendment of rule 9.— In the principal

Rules, in rule 9,—

(i) in sub-rule (1), for the expression "Rs. 5000/-", the expression "Rs. 25,000/-" shall be substituted;

(ii) in sub-rule (2), for the expressions "Rs. 5000/-", "Rs. 10,000/-" and "Rs. 20,000/-", the expressions "Rs. 25,000/-", "Rs. 1,00,000/-" and "Rs. 2,00,000/-" shall be respectively substituted.

6. Amendment of rule 10.— In the principal

Rules, in rule 10,—

(v) the existing provision shall be

numbered as sub-rule (1);

(vi) after sub-rule (1) as so numbered, the following sub-rules shall be inserted, namely:—

"(2) An appeal may be preferred to the Deputy Collector within a period of thirty days from any order passed by the Mamlatdar.

(3) A Revision may be preferred before the Administrative Tribunal of Goa within a period of sixty days from any order passed by the Deputy Collector.

(4) The provisions of sections 4, 5, 12 and 14 of the Limitation Act, 1963 (Central Act 36 of 1963) shall apply.".

7. Insertion of new form IX.— In the principal Rules, after Form VIII, the following new form shall be inserted, namely:—

"Form IX

[See rule 6 (5A)(a)]

(Notice for inclusion of names of new members in the list of members of Association)

To,

All members of the Association

Applications to update the list of members are hereby invited which shall be submitted to Shri ____________, the Attorney of the Managing Committee of ____________ Tenant Association at ________ from ______ a.m./p.m. to _____ a.m./p.m., on or before 31st January, _____.

Dated: ________

Seal

Attorney".

By order and in the name of the Governor

of Goa.

Avelina D'sa E Pereira, Under Secretary

(Revenue-I).

Porvorim, 14th March, 2024.

———ttt———

Department of Transport

Directorate of Transport ––– Notification

D.Tpt/EST/1940/LAPON-OFF/KTCL/ /Vol.III/2024/734

The Government of Goa is pleased to notify the "Automated Testing Station Policy of Goa, 2024". The Policy will come into effect from the date of notification and will be applicable initially for 5 (five) years.

This Notification shall come into force from the date of publication in the Official Gazette.

By order and in the name of the Governor

of Goa.

P. Pravimal Abhishek, IAS, Director of

Transport.

Panaji, 14th March, 2024.

Automated Testing Station

Policy of Goa, 2024

Introduction:— The practice of manual vehicle fitness checks at RTO offices has been replaced with a more technologically driven approach. The Central Government, recognizing the importance of quality and transparency in this process, amended the Central Motor Vehicles Rules, 1989 on 23 September, 2021, by including sub-rule 6 to Rule 63. This addition outlines the registration process for Automated Testing Stations (ATS), detailing applicant eligibility, conflict of interest, infrastructure and manpower requirements, validity of registration certificates, testing procedures, re-testing methods, appeals, periodic audits and assessments, and authority powers. It also specifies fees, test standards and equipment specifications for ATS.

Automated Testing Stations are established to automate vehicle fitness tests, thereby enhancing the robustness and transparency of the vehicle ecosystem in India. The Ministry of Road Transport and Highways (MoRTH) has notified rules for the recognition, regulation and control of ATS in G.S.R. 652 (E) dated 23rd September, 2021. In accordance with the Motor Vehicle Act, 1988, vehicle fitness testing is now mandatory to ensure passenger safety and reduce pollution from older vehicles.

To modernize and bring transparency to the vehicle fitness verification process, the Central Government introduced Chapter XI to the Central Motor Vehicle Rules on 25th September, 2021.

In alignment with the Central Government's notification, the State of Goa is adopting the procedures prescribed under Chapter XI of the Central Motor Vehicle Rules, issuing the following directives:

1. The Director of Transport, Goa will serve as the Registering Authority, with the power to issue preliminary and renewed Registration Certificates for ATS. Fees will align with Rule 188 of Chapter XI of the Central Motor Vehicles Rules, 1989.

2. Applicants seeking a "Preliminar y Registration Certificate" for establishing an ATS must apply through the National Single Window System (NSWS) portal.

3. Those dissatisfied with decisions made by the Registering Authority under sub-rule (9) of Rule 175 or Rule 185 may appeal to the Secretary of the Transport Department, Goa within 30 days of receiving the order, following the prescribed procedures under Rule 187.

4. The "Preliminar y Registration Certificate" remains valid for 1 (one) year, during which the applicant must establish an ATS and apply for a "Registration Certificate" as per Central Motor Vehicle Rules norms.

5. The entire testing process, from booking to result issuance at the ATS, will be conducted online in accordance with procedures set by the Central Government. Daily reports must be submitted to the Transport Department by the ATS management.

6. All terms and conditions from the final notification by the Ministry of Road Transport and Highways in G.S.R. 652(E) dated 23rd September, 2021, along with any subsequent amendments from MoRTH, including prescribed criteria and operational procedures, shall be adhered to.

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