Chapter II Chapter II

Application and Operational Regulations

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.

1. (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;

1. (a) A permission to erect a temporary and seasonal structure from the Director of Tourism.
2. (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.
3. (c) Trade License issued by the Village Panchayat or Municipality or City Corporation of Panaji, within whose jurisdiction the shack is being erected.
4. (d) No Objection Certificate issued by the concerned Health Officer within whose jurisdiction the shack, temporary and seasonal structure is being erected.
5. (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.
6. (f) Excise license issued by the Goa Excise Duty Act, 1964 (No. 5 of 1964).

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:

1. (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.
2. (ii) the structure must have access of at least 3 meters.
3. (iii) the height of such temporary structure should not exceed 9 meters.
4. (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.

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.

1. (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).

1. (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.