The Goa, Daman and Diu Town and Country Planning Act 1974

The Goa, Daman and Diu Town and Country Planning Act, 1974

1975) [4th November, 1975] published in the Official Gazette, Series I No. 34

(Extraordinary) dated 22-11-1975.

(Act No. 9 of 1977) [4-12-1977] published in the Official Gazette, Series I No. 37 dated 15-12-1977 and came into force at once.

(Act No. 12 of 1985) [25-4-1985] published in the Official Gazette, Series I No. 6 dated 9-5-1985 and came into force at once.

1988) [1-3-1988] published in the Official Gazette, Series I No. 49 (Extraordinary)

dated 3-3-1988 and came into force at once.

1992) [14-11-1992] published in the Official Gazette, Series I No. 35 dated 27-11-

1992 and came into force w.e.f. 6-5-1992.

1995) [18-8-1995] published in the Official Gazette, Series I No. 23 dated 7-9-1995 and came into force at once.

1997) [8-9-1997] published in the Official Gazette, Series I No. 26 dated 25-09-1997 and came into force at once.

1998) [19-1-1998] published in the Official Gazette, Series I No. 43 dated 22-1-1998 and came into force w.e.f. 22-9-1997.

2001) [25-4-2001] published in the Official Gazette, Series I No. 5 (Extraordinary)

dated 3-5-2001 and came into force at once.

2007) [5-5-2007] published in the Official Gazette, Series I No. 6 dated 10-5-2007 and came into force w.e.f. 5-2-2007.

2008) [8-5-2008] published in the Official Gazette, Series I No. 6 (Extraordinary)

dated 13-05-2008 and came into force 29-2-2008.

2009) [22-8-2009] published in the Official Gazette, Series I No. 21 (Extraordinary) dated 25-08-2009 and came into force w.e.f. 24-9-2009.

2011) [16-3-2011] published in the Official Gazette, Series I No. 51(Extraordinary) dated 21-3-2011 and came into force at once.

2016) [10-3-2016] published in the Official Gazette, Series I No. 50 (Extraordinary) dated 14-3-2016 and came into force w.e.f. 14-11-2015.

2017) [9-9-2017] published in the Official Gazette, Series I No. 23 (Extraordinary) dated 12-9-2016 and came into force w.e.f. 25-10-2017.

2018) [02-02-2018] published in the Official Gazette, Series I No. 44 (Extraordinary- 3) dated 06-02-2018 and shall came into force w.e.f. 22-3-2018 as notified vide Notification No. 21/1/TCP/2018/622 dated 16-3-2018 published in the Official Gazette Series-I No.51 dated 22-3-2018.

2018) [22-8-2018] published in the Official Gazette, Series I No. 22 (Extraordinary)

Gazette Series-I No.26 (Extraordinary-2) dated 1-10-2018.

1. (w) the manner in which and the conditions subject to which pension and provident funds shall be constituted by a Planning and Development Authority for the benefit of its officers and other employees;
   • (x) the documents in respect of which certified copies may be granted and the fees payable therefor;
2. (y) any other matter which has to be, or may be prescribed.

1. (3) Any rule made under this section may provide that a contravention thereof shall be punishable with fine which may extend to five hundred rupees and in the case of a continuing contravention, with an additional fine which may extend to twenty-five rupees for every day during which such contravention continues after conviction for the first such contravention.
2. (4) Every rule made under this section shall be laid as soon as may be after it is made, before the Legislative Assembly of the Union territory while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the Assembly makes any modification in the rule or the Assembly

states that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Government may, by notification declare any area to be a planning area for the purposes of this Act, and on such declaration, this Act shall apply to such area:

Provided that no cantonment area or part thereof shall be included in a planning area.

1. (2) Every notification issued under sub-section (1) shall define the limits of the area to which the notification relates.
2. (3) The Government may, after consultation with the Board, amalgamate two or more planning areas into one planning area or sub-divide a planning area into different planning areas and may include any such sub-divided area or areas in any other planning area.
3. (4) The Government may, by notification, direct that all or any of the rules, regulations, bye-laws, notifications, orders, directions and powers made, issued or conferred and in force in any planning area at the time of amalgamation, sub-division or inclusion under sub-section (3) shall apply to the planning area or areas as so amalgamated or sub-divided or included, with such exceptions, adaptation or modifications as may be specified in the notification, and thereupon such rules, regulations, bye-laws, orders, directions and powers shall apply to such planning area or areas without further publication.
4. (5) Where planning areas are amalgamated or sub-divided, or such sub-divided areas are included in any other planning area, the Government shall, after consulting the Board, the Planning and Development Authority or Authorities concerned, frame a scheme determining the portion or portions of the balance of the fund of the Planning and Development Authorities or Authority which shall vest in the Planning and Development Authority or Authorities concerned and the manner in which the properties and liabilities of the Planning and Development Authority or Authorities shall be apportioned amongst them and on the scheme being notified in the Official Gazette, the fund, property and liabilities shall vest and be apportioned accordingly.

Government may, if it is of opinion that it is necessary so to do in the public interest by

17 notification, withdraw from the operation of this Act the whole or part of any planning area.

1. (2) When a notification is issued under sub-section (1) in respect of any planning area or part thereof —
   • (i) this Act and all rules, regulations, bye-laws, notifications, orders, directions and powers made, issued or conferred under this Act, shall cease to apply to the said area or part and the Planning and Development Authority, if any constituted, under this Act shall cease to have jurisdiction in respect of the said area or part, as the case may be; but where any Planning and Development Authority has

been constituted exclusively for such area or part, such Authority shall, on the date of the notification stand dissolved;

1. (ii) the Government shall, after consulting the Board, the Planning and

Development Authority and the local authority or authorities concerned, frame a scheme determining the portion or portions of the balance of the fund of the Planning and Development Authority concerned which shall vest in the Government and in the local authority or authorities concerned, and the manner in which the properties and liabilities of the Planning and Development Authority shall be apportioned between the Government and such local authority or authorities, and on the scheme being notified in the Official Gazette, the fund, property and liabilities of the Planning and Development Authority shall vest and be apportioned accordingly.

(1) As soon as may be, after the declaration of the planning area, the Government, in consultation with the Board, may, by notification, constitute in respect of that area an authority to be called the “Planning and Development Authority” of that area for the purpose of performing the functions assigned to Planning and Development Authorities under this Act. (2) Every Planning and Development Authority constituted under sub-section (1) shall be a body corporate by the name aforesaid having perpetual succession and a common seal with power to acquire, hold and dispose of property both movable and immovable, and to contract, and shall by the said name sue and be sued. (3) Every Planning and Development Authority constituted under sub-section (1) shall consist of the following members, namely:— (i) a Chairman to be appointed by the Government; (ii) a Town Planning Officer to be appointed by the Government in consultation with the 30 [Chief Town Planner (Planning)] who shall be the Member Secretary of the Planning and Development Authority; 31 [(iia) All the Members of Legislative Assembly representing a planning area;] 30 Substituted in place of expression “ Chief Town Planner,” vide Amendment Act 17 of 2017 published in the Official Gazette Series-I No.23(Extraordinary)dated 12-9-2017. 18 (iii) representatives of local authorities, to be composed as follows:— (a) in the case of a planning area in which only one local authority has jurisdiction, a representative nominated by that local authority from among its members and the Chief Executive Officer of that local authority; (b) in the case of a planning area in which two or more local authorities have jurisdiction, representatives of such local authorities as the Government may consider necessary to be represented, 32 [ ]; (iv) such number of other members, not exceeding 33 [five], appointed by the Government, who, in the opinion of the Government, have special knowledge of, or practical experience in, matters relating to town and country planning, architecture, engineering, transport, industry, commerce and agriculture. (4) The Government may, if it thinks fit, appoint one of the members of the Planning and Development Authority as its Vice-Chairman. (5) The Government may, in consultation with the Board, appoint any local authority as the Planning and Development Authority for the area comprised within the local limits of the jurisdiction of such local authority and for such other contiguous or adjacent area or areas as the Government may declare as a planning area under section 18. (6) Where a local authority is appointed as a Planning and Development Authority under sub-section (5), the provisions of sub-section (3) of this section and sections 21, 23 and 25 shall not apply, and the provisions of the Act by which such local authority is constituted shall continue to apply to it in respect of matters covered by the aforesaid sections. (7) A local authority appointed as a Planning and Development Authority under sub-section (5) shall, for the purpose of performing the functions of a Planning and Development Authority under this Act, constitute a Planning Committee consisting of the following members, namely:— (i) a Chairman; (ii) the Town Planning Officer, who shall be the Member Secretary to the Committee; and (iii) five other members, two of whom shall be appointed by the Government in consultation with the Board. (8) Every Planning Committee constituted by a local authority under sub-section (7) shall have the same status and powers of a Standing Committee appointed by the local 31 Inserted by the Amendment Act 19 of 1995. 32 The words “provided that the total number of such representatives does not exceed five” omitted by the Amendment Act 1 of 1988. 33 Substituted in place of word “three” by the Amendment Act 14 of 1992. 19 authority by the Act under which such local authority is constituted and the terms and conditions of the members of the Committee shall be such as may be prescribed.

1. (2) Every Planning and Development Authority constituted under sub-section (1) shall be a body corporate by the name aforesaid having perpetual succession and a common seal with power to acquire, hold and dispose of property both movable and immovable, and to contract, and shall by the said name sue and be sued.
2. (3) Every Planning and Development Authority constituted under sub-section (1) shall consist of the following members, namely:—
   • (i) a Chairman to be appointed by the Government;
   • (ii) a Town Planning Officer to be appointed by the Government in consultation with the 30 [Chief Town Planner (Planning)] who shall be the Member Secretary of the Planning and Development Authority; 31 [(iia) All the Members of Legislative Assembly representing a planning area;] 30 Substituted in place of expression “ Chief Town Planner,” vide Amendment Act 17 of 2017 published in the Official Gazette Series-I No.23(Extraordinary)dated 12-9-2017. 18
   • (iii) representatives of local authorities, to be composed as follows:—
   • (a) in the case of a planning area in which only one local authority has jurisdiction, a representative nominated by that local authority from among its members and the Chief Executive Officer of that local authority;
   • (b) in the case of a planning area in which two or more local authorities have jurisdiction, representatives of such local authorities as the Government may consider necessary to be represented, 32 [ ];
     • (iv) such number of other members, not exceeding 33 [five], appointed by the Government, who, in the opinion of the Government, have special knowledge of, or practical experience in, matters relating to town and country planning, architecture, engineering, transport, industry, commerce and agriculture.
3. (4) The Government may, if it thinks fit, appoint one of the members of the Planning and Development Authority as its Vice-Chairman.
4. (5) The Government may, in consultation with the Board, appoint any local authority as the Planning and Development Authority for the area comprised within the local limits of the jurisdiction of such local authority and for such other contiguous or adjacent area or areas as the Government may declare as a planning area under section 18.
5. (6) Where a local authority is appointed as a Planning and Development Authority under sub-section (5), the provisions of sub-section (3) of this section and sections 21, 23 and 25 shall not apply, and the provisions of the Act by which such local authority is constituted shall continue to apply to it in respect of matters covered by the aforesaid sections.
6. (7) A local authority appointed as a Planning and Development Authority under sub-section (5) shall, for the purpose of performing the functions of a Planning and Development Authority under this Act, constitute a Planning Committee consisting of the following members, namely:—
   • (i) a Chairman;
   • (ii) the Town Planning Officer, who shall be the Member Secretary to the Committee; and
   • (iii) five other members, two of whom shall be appointed by the Government in consultation with the Board.
7. (8) Every Planning Committee constituted by a local authority under sub-section (7) shall have the same status and powers of a Standing Committee appointed by the local 31 Inserted by the Amendment Act 19 of 1995. 32 The words “provided that the total number of such representatives does not exceed five” omitted by the Amendment Act 1 of 1988. 33 Substituted in place of word “three” by the Amendment Act 14 of 1992. 19 authority by the Act under which such local authority is constituted and the terms and conditions of the members of the Committee shall be such as may be prescribed.

Planning and Development Authority.— (1) The term of office and the conditions of service of the Chairman and members of a Planning and Development Authority (other than the Town Planning Officer) shall be such as may be prescribed.

1. (2) The Chairman or any member of a Planning and Development Authority (other than the Town Planning Officer) may resign his office by giving notice in writing to the Government and on such resignation being accepted, he shall cease to be such Chairman or member.
2. (3) Any vacancy in the membership of a Planning and Development Authority shall be filled by fresh appointment by the Government or by nomination by the local authority concerned, as the case may be, provided that the member appointed or nominated shall hold office only for so long as the member in whose place he is appointed or nominated would have held office if the vacancy had not occurred.

Subject to the provisions of this Act and the rules framed thereunder and subject to any directions which the Government may give, the functions of every Planning and Development Authority shall be— (a) to prepare an Existing Land Use Map; (b) to prepare an Outline Development Plan; (c) to prepare a Comprehensive Development Plan; (d) to prepare and prescribe uses of land within its area; and (e) to prepare schemes of development and undertake their implementation, and for these purposes, it may carry out or cause to be carried out, surveys of the planning area and prepare report or reports of such surveys, and to perform such other functions as may be prescribed.

1. (a) to prepare an Existing Land Use Map;
2. (b) to prepare an Outline Development Plan;
3. (c) to prepare a Comprehensive Development Plan;
4. (d) to prepare and prescribe uses of land within its area; and
5. (e) to prepare schemes of development and undertake their implementation, and for these purposes, it may carry out or cause to be carried out, surveys of the planning area and prepare report or reports of such surveys, and to perform such other functions as may be prescribed.

(1) Every Planning and Development Authority shall meet at such times and at such places, and shall subject to the provisions of sub-sections (2), (3) and (4), observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed.

1. (2) The Chairman, or in his absence, the Vice-Chairman, if any, or in the absence of the Chairman and Vice-Chairman, any member chosen by the members present from amongst themselves, shall preside at a meeting of the Planning and Development Authority. 20
2. (3) All questions at a meeting of the Planning and Development Authority shall be decided by a majority of the votes of the members present and voting, and in the case of an equality of votes, the person presiding shall have a second or casting vote.
3. (4) Minutes of the proceedings at each meeting, including the names of the members present, shall be kept in a book to be kept for this purpose and such minutes shall be signed at the next ensuing meeting by the person presiding at such meeting, and shall be open to inspection by any member during office hours.

Authority for particular purposes.— (1) A Planning and Development Authority may associate with itself in such manner and for such purposes as may be prescribed, any person whose assistance or advice it may consider necessary in performing any of its functions under this Act.

1. (2) Any person associated with it by a Planning and Development Authority under sub-section (1) for any purpose shall have a right to take part in the meetings of the Planning and Development Authority relevant to that purpose but shall not have a right to vote.

(1) Subject to such control and restrictions as may be prescribed, a Planning and Development Authority may appoint such number of officers and staff as may be necessary for the efficient performance of its functions and may determine their designation and grades. (2) The officers and staff of a Planning and Development Authority shall be entitled to receive such salaries and allowances as may be fixed by it and shall be governed by such terms and conditions of service as may be prescribed.

1. (2) The officers and staff of a Planning and Development Authority shall be entitled to receive such salaries and allowances as may be fixed by it and shall be governed by such terms and conditions of service as may be prescribed.

Every Planning and Development Authority shall, as soon as may be, and not later than six months from the date of its constitution or appointment, as the case may be, or within such further period as the Government may from time to time extend, prepare a land use map (hereinafter in this Chapter referred to as the map) and a land use register (hereinafter in this Chapter referred to as the register) in the prescribed form indicating the present use of every piece of land in the planning area: Provided that where a local authority has been appointed as Planning and Development Authority for any planning area and such local authority has prepared a map or a register, or both, in respect of the said area before such appointment, the map or the register so prepared shall be deemed to be a map or register, respectively for the purposes of this section. 21

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(1) After the preparation of the map and register under section 26, the Planning and Development Authority shall publish a public notice stating that such map and register has been prepared, and indicating therein the place or places where copies of the map or register, or both may be inspected, and inviting objections in writing from any person with respect to the map and the register.

1. (2) Objections, if any, with reference to any map or register shall be communicated to the Planning and Development Authority within thirty days of the publication of the notice referred to in sub-section (1).
2. (3) After the expiry of the period mentioned in sub-section (2), the Town Planning Officer of the Planning and Development Authority or a Committee appointed by it for the purpose shall, after giving a reasonable opportunity of being heard to all the persons who have sent in their objections, make a report to the Planning and Development Authority.
3. (4) The Planning and Development Authority shall consider the report made under sub-section (3) and may make such modifications in the map or register or both as it considers proper and adopt the map and the register by means of a resolution.
4. (5) As soon as may be, after the adoption of the map and the register under sub-section

(4), the Planning and Development Authority shall publish notice of the adoption of the map and the register and of the place or places where copies of the same may be inspected and shall submit copies of the map and the register to the Board and the Government.

1. (6) A copy of the public notice referred to in sub-section (5) shall also be published in the Official Gazette and such publication shall be conclusive evidence that the map and register have been duly prepared and adopted.

34 [Power of Government to prepare the map and register].— (1) Where a map and a register are to be prepared under this Act, then—

1. (a) if within the period specified in section 26 or within such further period as the Government may specify, no map or register has been prepared, or
2. (b) if at any time the Government is satisfied that the Planning and Development Authority is not taking steps necessary to prepare such a map or register within that period 35 [or if the Government is of the opinion that such a map or register is needed to 34 Substituted by the Amendment Act 9 of 1977. 35 Inserted by the Amendment Act 9 of 1977. 22 be prepared by the 36 [Chief Town Planner (Land use)]], the Government may direct the 37 [Chief Town Planner (Land use)]to prepare a map and register.

1. (2) The 38 [Chief Town Planner (Land use)]shall, after the preparation of the map and

register, submit the same to the Board, and the Board shall, for the purpose of adopting the map and register so prepared, follow the procedure and exercise the powers of a Planning and Development Authority specified in section 27.

1. (3) Any expenses incurred under this section in connection with the preparation and publication of a map and register in respect of a planning area shall be met by the concerned Planning and Development Authority.

Every Planning and Development Authority shall, as soon as may be, and not later than one year from the date of its constitution or appointment, as the case may be, prepare, after consultation with the concerned local authority or authorities, if any, an Outline Development Plan for the planning area within its jurisdiction and submit it to the Government, through the Board, for provisional approval: Provided that on an application made by the Planning and Development Authority, the Government may, by order extend the aforesaid period by such further period or periods as it thinks fit.

(1) An Outline Development Plan shall—

1. (a) indicate broadly the manner in which the land in the planning area is proposed to be used;
2. (b) allocate areas or zones of land for use —
   • (i) for residential, commercial, industrial and agricultural purposes;
   • (ii) for public and semi-public open spaces, parks and playgrounds; and
   • (iii) for such other purposes as the Planning and Development Authority may think fit;
3. (c) indicate, define and provide—
   • (i) for existing and proposed national high-ways, arterial roads, ring roads and major streets; and 36 Substituted in place of expression “Chief Town Planner,” vide Amendment Act 17 of 2017 published in the Official Gazette Series-I No.23 (Extraordinary) dated 12-9-2017. 37 Substituted in place of expression “Chief Town Planner,” vide Amendment Act 17 of 2017 published in the Official Gazette Series-I No.23 (Extraordinary) dated 12-9-2017. 38 Substituted in place of expression “Chief Town Planner,” vide Amendment Act 17 of 2017 published in the Official Gazette Series-I No.23 (Extraordinary) dated 12-9-2017. 23
   • (ii) for existing and proposed lines of communications, including railways, tram- ways, airports and canals;
4. (d) regulate within such zone, the location, height, number of storeys and size of buildings and other structures, the size of yards, courts and other open spaces, and the use of buildings, structures and land. 39 [(e) indicate and provide for proposal for transferable development right, transferable development right for posterity, accommodation reservation or any other similar technique for promoting planned development.]

1. (2) An Outline Development Plan may also indicate, define and provide for— a) the existing and proposed public and semi-public buildings; and
   • (b) all or any of the purposes and matters as may be indicated, defined and provided for in the Comprehensive Development Plan under section 32.
2. (3) Subject to such rules as may be prescribed regulating the form and contents of an Outline Development Plan any such plan shall include such maps and such descriptive matter as may be necessary to explain and illustrate the proposals contained in that Plan. 40 [(4) After the coming into operation of Outline Development Plan and defining the Zone thereof, the conversion shall be in conformity with the contents of an Outline Development Plan and in accordance with such procedure as may be prescribed;]

Every Planning and Development Authority shall, as soon as may be, and not later than three years from the date of its constitution or appointment, as the case may be, prepare after consultation with the local authority or authorities, if any, concerned, a Comprehensive Development Plan for the planning area within its jurisdiction and submit it to the Government through the Board for provisional approval: Provided that on an application made by the Planning and Development Authority, the

Government may by order extend the aforesaid period by such further period or periods as it thinks fit.

(1) A Comprehensive Development Plan shall—

1. (a) indicate, define and provide for all the matters that have to be, or may be, indicated, defined and provided for in the Outline Development Plan with such modifications as the Planning and Development Authority deems fit;
2. (b) indicate, define and provide for—
   • (i) areas to be reserved for agriculture, public and semi-public open spaces, parks, playgrounds, gardens, and other recreational uses, green belts and natural reserves; 39 Inserted vide Amendment Act, 2018 (9 of 2018); published in the Official Gazette Series I No. 22 (Extraordinary) dated 30-8-2018, the Act come into force w.e.f. 3-10-2018. 40 Inserted by the Amendment Act 19 of 1995. 24
   • (ii) comprehensive land allocation of areas or zones for residential, commercial, industrial, agricultural and other purposes;
   • (iii) complete road and street pattern and traffic circulation pattern for present and future requirements;
   • (iv) major road and street improvements;
   • (v) areas reserved for public buildings and institutions and for new civic development;
   • (vi) areas for future development and expansion, and areas for new housing;
   • (vii) amenities, services and utilities;
   • (viii) such other matters as may be prescribed or as may be directed by the Government or the Board to be indicated, defined, and provided for;
3. (c) include zoning regulations to regulate within each zone, the location, height,

number of storeys and size of buildings and other structures, the size of yards, courts and other open spaces and the use of buildings, structures and land;

1. (d) indicate the stages by which the proposals are intended to be carried out, together with the financial implications of each stage.

1. (2) The Comprehensive Development Plan may—
   • (a) indicate, define and provide for—
     • (i) all such matters including planning standards, gross and new density and such guiding principles as the Planning and Development Authority may consider expedient to be indicated, defined and provided for in the Development Plan;
     • (ii) detailed development of specific areas for housing, shopping centres, industrial areas, civic centres, educational and cultural institutions;
     • (iii) control of architectural features, elevation and frontage of buildings and structures;
     • (iv) a five year development programme within the stages indicated in clause (d) of sub-section (1);
   • (b) designate, any land as land subject to acquisition for any public purpose, and in particular, but without prejudice to the generality of this provision for the purposes of:—
     • (i) the Union or the State Governments, or for any local authority or other authority established by law and public utility concerns;
     • (ii) dealing satisfactorily with the areas of bad layout or obsolete development, slum areas and for re-location of population;
     • (iii) providing for open spaces, parks and playgrounds;
     • (iv) securing the use of the land in the manner specified in the development plan;
     • (v) any of the matters as are referred to in clause (a). 41 [(c) indicate and provide proposal for transferable development right, transferable 41 Inserted vide Amendment Act, 2018 (9 of 2018); published in the Official Gazette Series I No. 22 (Extraordinary) dated 30-8-2018 , the Act come into force w.e.f. 3-10-2018. 25 development right for posterity, accommodation reservation or any other similar technique for promoting planned development.]
2. (3) Subject to such rules as may be made for regulating the form and contents of a Comprehensive Development Plan, any such plan shall include such maps and such descriptive matters as may be necessary to explain and illustrate the proposals included in that plan.

42 [Power of Government to prepare Development Plan].— (1) If a Development Plan is not prepared, published and submitted to the Government by a Planning and Development Authority within the period specified in section 29 or section 31, as the case may be, or within the period extended under the proviso to the said sections 43 [or if the Government is of the opinion that such a plan is needed to be prepared by the 44 [Chief Town Planner (Planning)], the Government may authorise the 45 [Chief Town Planner (Planning)] to prepare such plan and direct the cost thereof to be recovered from the Planning and Development Authority concerned out of its funds.

1. (2) The 46 [Chief Town Planner (Planning)] shall, if so authorised under sub-section (1), prepare a Development Plan and submit it to the Board and the Board shall follow in respect of the plan so prepared such procedure and exercise such powers as a Planning and Development Authority would follow or exercise in respect of a Development Plan prepared by it.

Development Plan.— (1) As soon as may be, after a Development Plan has been submitted to the Government, but not later than the time prescribed, the Government may direct the Planning and Development Authority to make such modifications in the Development Plan as it thinks fit and thereupon the Planning and Development Authority shall make such modifications.

1. (2) The Government shall, after the modifications, if any, directed by it, have been made, give its approval to the publication of the notice of preparation of a Development Plan under section 35.

1. (1) As soon as

may be, after the approval of the Government is obtained under section 34, the Planning and Development Authority shall publish, by notification, and also in one or more local newspapers, of the preparation of the Development Plan, indicating therein the place or

42

Substituted by the Amendment Act 9 of 1977.

43 Inserted by the Amendment Act 9 of 1977. 44 Substituted in place of expression “Chief Town Planner,” vide Amendment Act 17 of 2017 published in the Official Gazette Series-I No.23 (Extraordinary) dated 12-9-2017. 45 Substituted in place of expression “Chief Town Planner,” vide Amendment Act 17 of 2017 published in the Official Gazette Series-I No.23 (Extraordinary ) dated 12-9-2017. 46 Substituted in place of expression “Chief Town Planner,” vide Amendment Act 17 of 2017 published in the Official Gazette Series-I No.23 (Extraordinary) dated 12-9-2017..

26 places where copies of the same may be inspected, and inviting objections in writing to the Development Plan within such period as may be specified in the notice: Provided that such period shall not be less than two months from the date of publication of the notification.

1. (2) The publication of a notification under sub-section (1) shall, not with standing anything contained in the Land Acquisition Act, 1894, be deemed to be a notification duly made under section 4 of the said Act. Central Act 1 of

As soon as may be, after the submission of the Development Plan under sub-section (6) of section 35, but not later than the time prescribed, the Government, may, after consulting the Board, either approve the Development Plan or approve it, with such alterations or modifications as it may consider necessary, or may return the Development Plan to the Planning and Development

Authority to alter or modify the plan or to prepare a fresh plan in accordance with such directions as the Government may issue in this behalf.

(1) The Planning and Development authority shall immediately after the Development Plan has been approved by the Government, publish by notification, and also in one or more local newspapers, of the approval of the Development Plan, indicating therein the place or places where copies of the Development Plan may be inspected.

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1. (2) The publication by notification of the approval of the Development Plan shall, notwithstanding anything contained in the Land Acquisition Act, 1894, be deemed to be a declaration

duly made under section 6 of the said Act.

Central Act 1 of 1894

1. (3) The Development Plan shall come into operation from the date of publication of the notification under sub-section (1).
2. (4) After the coming into operation of the Comprehensive Development Plan, the Outline Development Plan shall stand altered or modified to the extent the proposals contained in the Comprehensive Development Plan are at variance with the Outline Development Plan.

Plan, any person aggrieved by any provisions contained therein may make an application to the District Court questioning the validity of the Development Plan, or any of its provisions on the following grounds, namely:—

1. (i) that it is not within the powers conferred by this Act, or
2. (ii) that any requirement of this Act or of any rules made thereunder had not been complied with in relation to the making of such Development Plan.

1. (2) The District Court, after giving an opportunity of being heard to the applicant, Planning and Development Authority concerned, Board and Government may—
   • (i) stay, until the final determination of the proceedings, the operation of the Development Plan or the provisions contained therein, in so far as it affects any property of the applicant; and
   • (ii) quash, if it is satisfied that the Development Plan or any provisions contained therein are not within the powers conferred by this Act, or the rules made thereunder, or that the interests of the applicant have been substantially prejudiced by failure to comply with any requirement of this Act or of the rules, the Development Plan or any provisions contained therein generally or in so far as they affect the property of the applicant.
2. (3) Subject to the provisions of sub-sections (1) and (2), a Development Plan shall not, either before or after it has been approved, be questioned in any manner, in any legal proceedings whatsoever.

1. (1) At any

time after the date on which a Development Plan for an area comes into operation, and at least once in every ten years after that date, the Planning and Development Authority shall, after carrying out such fresh surveys, as may be considered necessary or directed by the Board and the Government, prepare after consultation with the local authorities concerned, if any, and submit to the Board and the Government, a Development Plan for any alterations or additions considered necessary to the Development Plan in operation.

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1. (2) The provisions of sections 34 to 38 (both inclusive) shall, as far as may be, apply to a Development Plan submitted under sub-section (1).
2. (3) At any time after the date on which the Development Plan for an area comes into operation, the Planning and Development Authority may, with the prior approval of the Government, make such minor changes in such Development Plan as may be necessary for correcting any typographical or cartographical errors and omissions or details of proposals not fully indicated in the Plan or changes arising out of the implementation of the proposals in the Development Plan:

Provided that all such changes are in the public interest and are notified to the public.

Government is satisfied that a grave emergency exists which necessitates the suspension of any Development Plan or part thereof, it may, by notification, suspend such Development Plan or part, for such period as it thinks fit.

1. (1) A Planning and Development Authority may, with the previous sanction of the Government, make regulations consistent with the provisions of this Act and the rules made thereunder to carry out the matters included in a Development Plan.
2. (2) A regulation made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to one hundred and fifty rupees, and in the case of a continuing contravention, with an additional fine which may extend to ten

rupees for every day during which such contravention continued after conviction for the first such contravention.

1. (3) The power to make regulations under this section shall be subject to the condition of previous publication and such publication shall be made in the Official Gazette and in such other manner as may be directed by the Government.

1. (1) On the commencement of this Act, the following laws, that is to say—
   • (a) The Legislative Diploma No. 1088 dated 26-9-1940;
   • (b) Portaria no. 3531 dated 14-11-1940;
   • (c) The Legislative Diploma No. 1114 dated 27-7-1942;
   • (d) Portaria no. 3703 dated 27-8-1942;
   • (e) The Legislative Diploma No. 1421 dated 24-4-1952;
   • (f) The Legislative Diploma No. 1467 dated 5-3-1953;
   • (g) The Interim Building Bye-laws and Zoning Regulations 1965; and any other law in force in the Union territory of Goa, Daman and Diu corresponding to any of the provisions of this Act shall stand repealed.
2. (2) The provisions of the General Clauses Act, 1897 shall apply to the repeal under sub-section (1) as if the laws referred to therein were Central Acts. Central Act 10 of 1897. B. M. MASURKAR,

Secretariat, Secretary to the Government

Panaji, of Goa, Daman and Diu, 4th November, 1975. Law and Judiciary Deptt.