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SERIES I No. 50

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

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

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

EXTRAORDINARY

No. 3

Panaji, 15th March, 2024 (Phalguna 25, 1945)

GOVERNMENT OF GOA

Department of Law

Legal Affairs Division

–––

Notification

8/3/2024-LA-32

The following Ordinance, which has been

promulgated by the Governor of Goa on

15-03-2024, is hereby published for the general

information of the public.

D. S. Raut Dessai, Joint Secretary (Law).

Porvorim, 15th March, 2024.

_____

The Goa Erection of Shacks on Public

Beaches (Regulation and Control)

Ordinance, 2024

(Ordinance No. 3 of 2024)

I, P. S. Sreedharan Pillai, Governor of Goa,

in the Seventy-fifth Year of the Republic of

India, promulgate “The Goa Erection of

Shacks on Public Beaches (Regulation and

Control) Ordinance, 2024 (Ordinance No. 3 of

2024)”.

An Ordinance to provide for special

regulation and control of temporary and

seasonal structures permitted under Coastal

Regulation Zone Notification.

Whereas, there is no special, and/or

specific statute governing the erection,

regulation or control of temporary and

seasonal structures permitted under Coastal

Regulation Zone Notification.

Whereas, it is necessary to provide for a

law, for the purpose of effective regulation

and control of the shacks erected on public

beaches.

Whereas, the Legislative Assembly of Goa

is not in session and I am satisfied that

circumstances exist which render it

necessary for me to take immediate action.

Now, therefore, in exercise of powers

conferred by clause (1) of Article 213 of the

Constitution of India, I am pleased to

promulgate

the

following

Ordinance

namely:—

CHAPTER I

Preliminary

Section 1: Short title, extent and

commencement.— (1) This Ordinance may be

called as the Goa Regulation and Control of

Temporary and Seasonal Structures Permitted

under Coastal Regulation Zone Notification

Ordinance, 2024.

(2) It shall extend to the whole of the State

of Goa.

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(3) It shall come into force at once.

Section 2: Definitions.— In this Ordinance,

unless the context otherwise requires:—

(a) “Allottee” means any individual,

permitted

Goa

Coastal

Zone

Management Authority to erect temporary

and seasonal structures permitted under

CRZ Notification and shall also include

persons permitted by the Director of

Tourism.

(b) “Beach Site” means a place of defined

dimensions, demarcated on the site plan

and indicated in the License, issued by the

Department of Tourism. OR Means the

physically demarcated site indicated in the

License issued by the Tourism Department

to the Shack allottee and as demarcated

on the site plan drawn by the Department

of Tourism.

temporary structure of such material, size

and design and for such activities on the

public beach as the Government may, by

notification in the Official Gazette or the

Goa Shack Policy, specify.

(d) “Central Legislation” means all acts,

ordinances, notifications and rules, enacted

by the Parliament;

(e) “Director” means the Director of

Tourism appointed by the Government of

Goa; or his delegate;

(f) “Government” means the Government

of Goa;

(g) “Goa Shack Policy” means a policy,

notified by the Government of Goa, laying

down the terms and conditions for erection

of temporary seasonal structures, beach

shacks/deck-beds/umbrellas/huts and

other structures on stretches of public

beaches.

(h) “Temporary and seasonal structures”

shall mean any structure permitted by the

Goa Coastal Zone Management Authority

under the Coastal Regulation Zone

Notification.

(i) “Tourist Season” means the tourist

season

commencing

from

15th

September and ending on 31st of May of

every calendar year or such other period

which may be specified by the Government

in the Goa Shack Policy;

The words and expressions used but not

defined in this Ordinance, shall have the

meanings assigned to them in The Goa

Registration of Tourist Trade Act, 1982, The

Goa Fire Force Act, 1986, The Goa Shops and

Establishments Act, 1973, and the Goa State

Shack Policy, as may be amended/notified by

the Government of Goa, from time to time.

CHAPTER II

Application and Operational Regulations

Section 2: Application of the Ordinance.—

This Ordinance shall apply to such beach

shacks which are permitted by the

Department of Tourism to be erected on

public beaches under the Goa Shack Policy

and all other temporary structure permitted

by the Goa Coastal Zone Management

Authority in terms of the Coastal Regulation

Zone Notification on public or private

properties.

Section 3: Licensing of Shacks and

Temporary and Seasonal Structures.— (1)

Notwithstanding anything contained in The

Goa Town and Country Planning Act, 1974,

The Goa (Regulation of Land Development

and Building Construction) Act, 2008, The

Goa Panchayat Raj Act, or any other State

law for the time being in force, or Order,

Judgment or Decree of the Court, the erection

and operation of the beach shacks on the

beach site under the Goa Shack Policy and

the temporary and seasonal structures

permitted by the Goa Coastal Zone

Management Authority shall not require any

construction license or a technical clearance

under any of the foregoing statutes but shall

obtain following permissions:

(a) A permission to erect a temporary

and seasonal structure from the Director of

Tourism.

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(b) No Objection Certificate from the

Village Panchayat or Municipality or City

Corporation of Panaji, within whose

jurisdiction the shack or temporary and

seasonal structure is being erected.

(b) Trade License issued by the Village

Panchayat or Municipality or City

Corporation of Panaji, within whose

jurisdiction the shack is being erected.

concerned Health Officer within whose

jurisdiction the shack, temporary and

seasonal structure is being erected.

(d) No Objection Certificate or a

certificate certifying the compliance with

the Goa, Daman and Diu Fire Force Act,

1986 issued by the Directorate of Fire and

Emergency Services.

(e) Excise license issued by the Excise

Act.

Section 4: Application for grant of

permission before the Director of Tourism.—

Notwithstanding anything contained in The

Goa Town and Country Planning Act, 1974,

The Goa (Regulation of Land Development

and Building Construction) Act, 2008, The

Goa Panchayat Raj Act, or any other State

law for the time being in force, or Order,

Judgment or Decree of the Court, the Director

of Tourism shall while granting permission

under section 3(a) above shall ensure the

following requirements: (i) For temporary and

seasonal structure other than the permitted

by Tourism Department, coverage of a plot

shall not exceed 70% of the total plot area. (ii)

the structure must have access of at least 3

meters. (iii) the height of such temporary

structure should not exceed 9 meters. (iv) a

minimum setback of 1 meter is maintained

from the boundary of the plot on all sides:

Provided, that the requirement of the

setback may be dispensed with on the side

where there is either a compound wall or a

dead wall or where the adjoining plot

belongs to the allottee have 3 mts. setback

on such side.

Section 5: Permissions under the Central

Legislations.— Notwithstanding anything

contained in section 3 hereinabove, all the

permissions, consents or licenses as may be

required to be obtained, for the purpose of

erection or operation of a beach shack under

provisions of any Central Legislation, shall be

mandatorily obtained by the Allottee for each

tourist season, before commencement of

operation.

Section 6: Condition Precedent.— (1) No

allottee of a beach shack or a temporary and

seasonal structure shall commence the

operations or cause to operate the beach

shack in whatsoever manner, unless all the

permissions, and/or licenses, as specified

under section 3 or section 4, are obtained

and all the terms and conditions contained

therein are satisfied and certified as such by

the Director under sub-section (2).

(2) The Director or his delegate, upon being

intimated by the allottee in writing, shall

within a period of 15 days from the date of

such intimation, issue a certificate, recording

therein his satisfaction that the conditions

required to be fulfilled by the allottee under

the shack policy, and/or the conditions

contained in any of the licenses or

permissions specified in section 3, are

complied with and fulfilled:

Provided, that no allottee shall commence

operation of the beach shack or temporary

and seasonal structure unless he, has

obtained the permissions, consents or

licenses in terms of section 4.

CHAPTER III

Dismantling of Shack and Penalty for violation

Section 7: Dismantling of Shack.— The

allottee of a beach shack, permitted to operate

the shack under the Goa Shack Policy and in

terms of the provisions of this Ordinance, shall

dismantle such beach shack and restore the

beach site to its original condition, on or

before 10th of June of each year, failing which

the Village Panchayat or the Municipality or

City Corporation of Panaji, whomsoever

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concerned, shall cause to remove such shack

at the cost of the allottee within a period of

one week thereafter by exercising powers

under section 6 of The Goa Tourist Places

(Protection and Maintenance) Act, 2001:

Provided that, for each day’s delay in

dismantling the shack beyond 10th of June

of each year, the allottee shall be liable to

pay compensation at the rate of Rs. 5,000/-

per day, to the Department of Tourism, till

such period the shack is dismantled and the

beach site is restored to its original position

either by the allottee or by the Village

Panchayat or the Municipality or City

Corporation of Panaji.

Section 8: Penalty.— (1) Subject to the

provisions of this Ordinance, the allottee shall

not cause any nuisance, pollution or breach

of any law or any condition imposed by law,

in the process of erection and operation of

the beach shack.

(2) Any breach of sub-section (1) by an

allottee shall, notwithstanding any action that

is contemplated/initiated against the allottee

under the respective statute, also make the

allottee liable to pay a fine, which may extend

to Rs 3,00,000/-.

CHAPTER IV

Miscellaneous

Section 9: Powers and functions.— The

Director or his delegate, shall be the

competent authority to enforce the provisions

of this Ordinance, including imposition of

penalties, compensation, etc., as payable

under this Ordinance.

Section 10: Effect of other State laws.—

Notwithstanding anything contained in any

other State legislation, when the allottee has

obtained all permissions referred to in

sections 3 and 4 and has been issued a

certificate in terms of section 5, the erection

or operation of the beach shack shall be

deemed to be validly undertaken or carried

out, even if any other permissions

contemplated under any other State

legislation has not been obtained.

Section 11: Removal of Difficulties.—

Subject to the provisions of this Ordinance,

all other terms and condition contained in

the Goa Shack Policy, as notified by the

Government from time to time, shall apply

and shall be binding on all persons desiring

to erect and operate a beach shack on public

beaches.

Section 12: Validation.— Notwithstanding

anything contained in The Goa Town and

Country Planning Act, 1974, The Goa

(Regulation of Land Development and

Building Construction) Act, 2008, The Goa

Panchayat Raj Act, or any other State law for

the time being in force, or Order, Judgment

or Decree of the Court, any shack or

temporary and seasonal structure which is

already erected under the valid permission

from the Goa Coastal Zone Management

Authority shall not be treated as illegal merely

because no license/permission under The

Goa Town and Country Planning Act, 1974,

The Goa (Regulation of Land Development

and Building Construction) Act, 2008, The

Goa Panchayat Raj Act, or The Goa

Municipalities Act, 1968, was obtained and

no such shacks and temporary seasonal

structures shall be demolished by any

authority for a period of 2 months from the

date of coming into force of this Ordinance:

Provided, that such allottee shall apply

within 15 days from the date of coming into

force of this Ordinance to the Director of

Tourism for permission under section 3(a) and

the Director shall dispose off such application

within another period of 15 days.

Raj Bhavan,

Dona Paula, Goa.

P. S. SREEDHARAN PILLAI,

Date: 15-03-2024.

Governor of Goa.

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Notification

8/4/2024-LA

The Goa Clinical Establishments (Registra-

tion and Regulation) (Amendment) Ordinance,

2024 (Ordinance No. 4 of 2024), which has

been promulgated by the Governor of Goa on

15-03-2024 is hereby published for the general

information of the public.

D. S. Raut Dessai, Joint Secretary (Law).

Porvorim, 15th March, 2024.

_____

The Goa Clinical Establishments

(Registration and Regulation) (Amendment)

Ordinance, 2024

(Ordinance No. 4 of 2024)

Promulgated by the Governor of Goa in the

Seventy-fifth Year of the Republic of India.

I, P. S. Sreedharan Pillai, Governor of Goa,

in the Seventy-fifth Year of the Republic of

India, promulgate “The Goa Clinical

Establishments (Registration and Regulation)

(Amendment) Ordinance, 2024 (Ordinance

No. 4 of 2024)”.

An Ordinance to amend the Goa Clinical

Establishments (Registration and Regulation)

Act, 2019 (Goa Act 19 of 2019).

Whereas, the Legislative Assembly of Goa

is not in session and I am satisfied that

circumstances exist which render it

necessary for me to take immediate action.

Now, therefore, in exercise of the powers

conferred by clause (1) of article 213 of the

Constitution of India, I am pleased to

promulgate the following Ordinance,

namely:—

1. Short title and commencement.— (1) This

Ordinance may be called the Goa Clinical

Establishments (Registration and Regulation)

(Amendment) Ordinance, 2024.

(2) It shall come into force at once.

2. Insertion of new section 20A.— After

section 20 of the Goa Clinical Establishments

(Registration and Regulation) Act, 2019 (Goa

Act 19 of 2019) (hereinafter referred to as the

“principal Act”), the following section shall

be inserted, namely:—

“20A. Extension of time limit for

provisional registration.— (1) Notwith-

-standing anything contained in this Act

or any other law for the time being in force,

the provisional registration granted under

this Act in the past which have lapsed or

which are subsisting shall stand revived

or extended and shall be deemed to be

valid for a period of one year from the date

of coming into force of this section.

(2) Notwithstanding anything contained

in this Act or any other law for the time

being in force, the clinical establishments

who have not obtained provisional or

permanent registration under this Act shall

be entitled to apply and obtain permanent

registration under this Act within one year

from the date of coming into force of this

section”.

3. Amendment of section 47.— In section

47 of the principal Act, sub-section (3) shall

be omitted.

Raj Bhavan,

Dona Paula, Goa.

P. S. SREEDHARAN PILLAI,

Date: 15-03-2024.

Governor of Goa.

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