Reg. No. RNP/GOA/32/2024-2026
RNI No. GOAENG/2002/6410
SERIES I No. 30
Panaji, 24th October, 2024 (Kartika 2, 1946) PUBLISHED BY AUTHORITY
EXTRAORDINARY
No. 2
GOVERNMENT OF GOA
Department of Law
Legal Affairs Division
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Notification
7/27/2024-LA-193
The Goa Erection of Shacks on Public Beaches (Regulation and Control) Act, 2024 (Goa Act 25 of 2024), which has been passed by the Legislative Assembly of Goa on 07-08-2024 and assented to by the Governor of Goa on 18-10-2024, is hereby published for the general information of the public.
Dnyaneshwar Raut Dessai, Joint Secretary
(Law).
Porvorim, 24th October, 2024.
______
The Goa Erection of Shacks on Public Beaches (Regulation and Control)
Act, 2024
(Goa Act 25 of 2024) [18-10-2024]
AN
ACT
to provide for special regulation and control of temporary and seasonal structures permitted under Coastal Regulation Zone Notification and for the matters connected therewith or incidental thereto.
BE it enacted by the Legislative Assembly of Goa in the Seventy-fifth Year of the Republic of India as follows:—
1. Short title and commencement.— (1) This Act may be called the Goa Erection of Shacks on Public Beaches (Regulation and Control) Act, 2024.
(2) It shall extend to the whole of the State
of Goa.
(3) It shall be deemed to have come into
force on the 15th day of March, 2024.
2. Definitions.— (1) In this Act, unless the
context otherwise requires:—
(a) "Allottee" means any individual, permitted by Goa Coastal Zone Management Authority to erect temporary and seasonal structures permitted under CRZ Notification;
(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.
(c) "Beach Shack" means a purely temporary structure of such material, size and design and for such activities on the OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 30 (EXTRAORDINARY No. 2) 24TH OCTOBER, 2024 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 of 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.
(2) 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 (Series I No. 36 of 1982), the Goa Fire Force Act, 1986 (Series I No. 31 of 1986), the Goa Shops and Establishments Act, 1973 (Series I No. 31 of 1973), and the Goa State Shack Policy 2023-26 (Series I No. 29 of 2023), as may be amended/notified by the Government of Goa, from time to time.
CHAPTER II
Application and Operational Regulations
3. Application of the Act.— This Act 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 temporar y structure permitted by the Goa Coastal Zone Management Authority in terms of the Coastal Regulation Zone Notification on public or private properties.
4. Licensing of Shacks and Temporary and Seasonal Structures.— (1) Notwithstanding anything contained in The Goa Town and Country Planning Act, 1974 (Series I No. 34 of 1974), the Goa (Regulation of Land Development and Building Construction) Act, 2008 (Series I No. 5 of 2008), the Goa Panchayat Raj Act No. 14 of 1994, 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 temporar y 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.
(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.
(c) Trade License issued by the Village Panchayat or Municipality or City Corporation of Panaji, within whose jurisdiction the shack is being erected.
(d) No Objection Certificate issued by the concerned Health Officer within whose jurisdiction the shack, temporary and seasonal structure is being erected.
(e) No Objection Certificate or a certificate certifying the compliance with the Goa, Daman and Diu Fire Force Act, 1986 (Series I No. 31 of 1986) issued by the Directorate of Fire and Emergency Services.
(f) Excise license issued by the Goa
Excise Duty Act, 1964 (No. 5 of 1964).
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 30 (EXTRAORDINARY No. 2) 24TH OCTOBER, 20245. Application for grant of permission before the Director of Tourism.— Notwithstanding anything contained in the Goa Town and Country Planning Act, 1974 (Series I No. 34 of 1974), the Goa (Regulation of Land Development and Building Construction) Act, 2008 (Series I No. 5 of 2008), the Goa Panchayat Raj Act, 1994, No. 14 of 1994 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 clause (a) of sub-section (1) of Section 4 above shall ensure the following requirements:
(i) For temporary and seasonal structure other than the beach shacks permitted by Tourism Department, coverage of a plot shall not exceed 33 per cent 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.
6. Permissions under the Central Legisla- tions.— Notwithstanding anything contained in Section 4, 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.
7. 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 4 or Section 5, 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 4, 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 5.
CHAPTER III
Dismantling of Shack and Penalty for violation
8. 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 Act, 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 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 penalty 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.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 30 (EXTRAORDINARY No. 2) 24TH OCTOBER, 20249. Penalty.— (1) Subject to the provisions
of this Act, 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
10. Powers and functions.— The Director
or his delegate shall be the competent
authority to enforce the provisions of this Act,
including imposition of penalties, compensation,
etc. as payable under this Act.
11. Effect of other State laws.— Notwith-
standing anything contained in any other
State legislation, when the allottee has
obtained all permissions referred to in
Sections 4 and 5 and has been issued a
certificate in terms of Section 6, 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.
12. Removal of Difficulties.— Subject to the
provisions of this Act, 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.
13. Repeal and Saving.— (1) The Goa
Erection of Shacks on Public Beaches
(Regulation and Control) Ordinance, 2024
(Ordinance No. 3 of 2024) is hereby repealed.
(2) Notwithstanding such repeal, anything
done or any action taken under the said
Ordinance shall be deemed to have been done
or taken under this Act.
SANDIP JACQUES
Secretariat, Secretary to the Government Porvorim, Goa. of Goa, Law Department Dated: 24-10-2024. (Legal Affairs).
___________
Notification
7/21/2024-LA-194
The Goa (Verification of Tenants) Act, 2024 (Goa Act 26 of 2024), which has been passed by the Legislative Assembly of Goa on 07-08-2024 and assented to by the Governor of Goa on 18-10-2024, is hereby published for the general information of the public.
Dnyaneshwar Raut Dessai, Joint Secretary
(Law).
Porvorim, 24th October, 2024.
______
The Goa (Verification of Tenants) Act, 2024
(Goa Act 26 of 2024) [18-10-2024]
AN
ACT
to provide for collection and verification of
details of the persons occupying premises
in the State of Goa either on rent or for
other consideration so as to obtain timely
information of such persons from security
point of view and for the matters connected
therewith and incidental thereto.
BE it enacted by the Legislative Assembly
of Goa in the Seventy-fif th Year of the
Republic of India as follows:—
1. Short title, extent and commencement.— (1) This Act may be called the Goa (Verification
of Tenants) Act, 2024.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 30 (EXTRAORDINARY No. 2) 24TH OCTOBER, 2024(2) It shall extend to the whole of the State
of Goa.
(3) It shall come into force on such date as the Government may, by notification in the Official Gazette, appoint.
2. Definitions.— In this Act, unless the
context otherwise requires,—
(a) "Government" means the Government
of Goa;
(b) "owner" means owner of premises;
(c) "premises" means any house, flat, building, any structure either temporary or permanent, or any part thereof, which is let for use as a residence, and includes the garden, ground and out-houses, if any, appurtenant to the same; but does not include a room in a hotel or lodging house or guest house which is registered under the Goa Registration of Tourist Trade Act, 1982 (Goa Act 10 of 1982);
(d) "prescribed" means prescribed by
the rules made under this Act;
(e) "tenant" means a person occupying premises on rent or for other consideration.
3. Maintenance of record by owner.— (1) Every owner shall, before allowing accommodation to any tenant, in the State of Goa, verify his bonafides by obtaining and inspecting photo identity, such as election card, driving license, Aadhaar card, passport, or such other documents as may be specified by the Government by notification in the Official Gazette.
(2) Every such owner shall maintain record of such tenant and submit such information, in such form and in such manner and to such officer, as prescribed.
4. Inspection of records.— The police officer not below the rank of Head Constable or such other officer as may be specified by the Government by notification in the Official Gazette shall be entitled to inspect at any time, records required to be maintained under Section 3.
5. Non-maintenance and non-submission of information shall constitute an offence.— Failure on the part of the owner to maintain and submit the information in the manner as required under the provisions of Section 3, shall constitute an offence punishable with fine which may extend to Rs. 10,000/- (Rupees
ten thousand only):
Provided that an offence punishable under this section may be compounded by the sub- divisional magistrate within whose jurisdiction the premises is situated, on payment to the credit of the Government a
sum not exceeding Rs. 10,000/- (Rupees ten thousand only).
6. Power of Government to give directions.— The Government may give direction to any Government department or agency, local authority or any other authority
or any person, under this Act with regard to collection and verification of proof of identity of tenants occupying premises in the State of Goa and maintenance of record thereof and such Government department or agency, local authority or authority or person shall be
bound to comply with such direction.
7. Other laws not affected.— The provisions of this Act are in addition to, and not in derogation of the provisions of any other law for the time being in force.
8. Protection of action taken in good faith.— No suit, prosecution or other legal proceedings shall lie against the Government or the local authority or any officer or other employee of the Government or any other person authorized by the Government for anything which is in good faith done or
intended to be done in pursuance of this Act or the rules made thereunder.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 30 (EXTRAORDINARY No. 2) 24TH OCTOBER, 20249. Power to make rules.— The Government may, subject to the condition of previous publication, make rules for the purpose of carrying out the provisions of this Act.
10. Power to remove difficulties.— (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order, published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty:
Provided that no such order shall be made after the expiration of a period of two years from the date of commencement of the Act.
(2) Every order made under this section shall, as soon as may be after it is made, be laid before the Legislative Assembly of Goa.
SANDIP JACQUES Secretariat, Secretary to the Government Porvorim, Goa. of Goa, Law Department Dated: 24-10-2024. (Legal Affairs).
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