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SERIES I No. 30

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. 2

Panaji, 24th October, 2024 (Kartika 2, 1946)

GOVERNMENT OF GOA

Department of Law

Legal Affairs Division

–––

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]

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

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.

temporary structure of such material, size

and design and for such activities on the

OFFICIAL GAZETTE — GOVT. OF GOA

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(EXTRAORDINARY No. 2)

24TH OCTOBER, 2024

1306

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.

(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 temporary

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 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.

(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.

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

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24TH OCTOBER, 2024

1307

5. Application for grant of permission

before

the

Director

Tourism.—

Notwithstanding anything contained in the

Goa Town and Country Planning Act, 1974

(Series I No. 34 of 1974), the Goa (Regulation

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

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.

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9. 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]

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-fifth 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.

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24TH OCTOBER, 2024

1309

(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;

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).

Power

Government

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.

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9. 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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