Chapter III Regional Plans

The Government may direct the

26[Chief Town Planner (Planning)] to prepare regional plans for any part or parts of the 27[State of Goa], and the period within which such regional plans may be prepared shall be specified in the direction.

Subject to the provisions of this Act and rules and regulations made thereunder, the 28[Chief Town Planner (Planning)] shall after carrying out such surveys as may be necessary of the physical, social and economic conditions and potentialities of the area in respect of which a regional plan is to be prepared under section 9, prepare a regional plan for such area together with a report explaining the various aspects of development proposed in such plan.

1. (1) Subject to the provisions of this Act and any rules made thereunder, the regional plan shall indicate the stages by which development may be carried out, the net work of transport and communication lines, the proposals for conservation and development of natural resources and such other matters as may have an influence on the development of the concerned area.
2. (2) In particular, and without prejudice to the generality of the foregoing provisions, a regional plan may provide for all or any of the following matters, namely:—
   • (a) the broad demarcation of areas for agriculture, forestry, industry, mineral development, urban and rural settlements and other activities; 29[(aa) proposal for transferable development rights, transferable development right for posterity, accommodation reservation or any other similar technique for promoting planned development;]
   • (b) the reservation of land for recreation, botanical and zoological gardens, natural reserves, animal sanctuaries, dairies and health resorts and for the preservation, conservation and development of areas of natural scenery, forests, wild life, natural resources and landscaping;
   • (c) preservation of objects, features, structures or places of historical, natural, archaeological or scientific interest and educational value;
   • (d) the prevention of erosion of soil, provision for afforestation, or re-afforestation, improvement and re-development of water front areas, rivers and lakes;
   • (e) transport and communications network such as roads, highways, railways, water ways, canals and airports including their future development;
   • (f) rural and urban centres, both existing and new, indicating the extent of their anticipated growth;
   • (g) for irrigation, water supply and hydro-electric works, flood control and prevention of water pollution;
   • (h) providing for the re-location of population or industry from over-populated and industrially congested areas, and indicating the density of population or the concentration of industry to be allowed in any areas.

The 30[Chief Town Planner (Planning)]

shall refer the regional plan prepared under section 10, to the Board for its consideration and may make such changes in the regional plan as may be necessary in the light of the views expressed by the Board.

1. (1) The 31[Chief Town Planner (Planning)] shall notify the regional plan as modified under section 12, in the Official Gazette, and also in one or more local newspapers, indicating therein the place or places where copies of the same may be inspected and inviting comments in writing from the public on the regional plan within such period as may be specified in such notification: Provided that such period shall not be less than two months from the date on which the regional plan is published in the Official Gazette.
2. (2) After the expiry of the period mentioned in sub-section (1), the 32[Chief Town Planner (Planning)] shall refer the comments received from the public to the Board for its consideration.
3. (3) The 33[Chief Town Planner (Planning)] shall, if necessary, revise the regional plan and the report in the light of any modifications suggested by the Board and submit them to the Government together with the comments received from the public on the regional plan for approval.

1. (1) The Government may, within the prescribed period, either approve the regional plan as submitted to it under section 13 or may approve the regional plan with such modifications as it may consider necessary, or may return the said plan to the 34[Chief Town Planner (Planning)] with instructions either to modify the plan or to prepare a fresh regional plan in accordance with such directions as the Government may issue in this behalf.
2. (2) Where a fresh regional plan is required to be prepared under sub-section (1), the provisions of sections, 12 and 13 shall, as far as may be, apply to the preparation and approval of such plan.

The 35[Chief Town Planner (Planning)] shall notify the regional plan as approved by the Government in the Official Gazette and also in one or more local newspapers, indicating therein the place or places where copies of the same may be inspected.

On and from the date of publication of the regional plan under section 15 for an area, all development programmes undertaken within that area by any private institution or by any other person shall conform to the provisions of such regional plan. However, public projects/schemes/development works, undertaken by the Central Government or the Government shall be in conformity with the rules framed and procedures laid down by the Government for such projects/schemes/ development works.] 37[Provided that, nothing in this section shall apply to the activity undertaken in pursuance of the permission/licence granted under the Mines and Minerals (Development and Regulation) Act, 1957 (Central Act No. 67 of 1957) and rules made thereunder.]

37[Provided that, nothing in this section shall apply to the activity undertaken in pursuance of the permission/licence granted under the Mines and Minerals (Development and Regulation) Act, 1957 (Central Act No. 67 of 1957) and rules made thereunder.]

any work of development in contravention of any provision of the regional plan as in force, except the project/schemes/development works undertaken by the Central Government or the Government either by itself or through its servant or agent or any other person or any activity undertaken in pursuance of the permission/licence granted under the Mines and Minerals (Development and Regulation) Act, 1957 (Central Act No. 67 of 1957) and rules framed thereunder, and all such development work shall be in conformity with the provisions of the regional plan.]

1. (2) Whoever undertakes any work or development in contravention of the regional plan as in force, shall be punished with 40[simple imprisonment which may extend to one year, or with fine of Rs. 10.00 lakh, or with both].
2. (3) An offence under this section shall be cognizable.] 41[*** Omitted ]

42(1) If the Government, at any time after a regional plan has been published in the Official Gazette, 43[ ] is of the opinion that a revision of such regional plan is necessary, it may direct the 44[Chief Town Planner (Planning)] to undertake the revision of the regional plan and thereupon the foregoing provisions of this Act relating to the preparation of the regional plan shall, as far as may be, apply to the revision of a regional plan under this section.

45[(2) Notwithstanding anything contained in sub-section (1), if the Government is of the opinion that alteration/modification is necessary to be carried out to the regional plan for the purpose of rectifying any inadvertent error that has occurred in the regional plan, and for correction of inconsistent/incoherent zoning proposals in the regional plan, it may direct the Chief Town Planner (Planning) to carry out such alteration/modification to the regional plan and the Chief Town Planner (Planning) shall by notification in the Official Gazette carry out such alteration/modification to the regional plan in such manner and only to such extent as prescribed.].

No occupier of any hilly or sloppy land or any low lying land shall, by himself or through his servants or agents or any other persons, undertake the work of cutting of any hilly or sloppy land or filling up of any low lying land, in, over or upon any hilly or sloppy land, as the case may be, without obtaining the prior written permission from the 47[Chief Town Planner (Land use)].

48[Provided that, nothing in this section shall apply to the activity undertaken in pursuance of the permission/licence granted under the Mines and Minerals (Development and Regulation) Act, 1957 (Central Act No. 67 of 1957) and rules made thereunder.]

Explanation:— for the purpose of section 17A—

1. (i) “low lying land” means and includes any land below 50 cms. or more than from the adjoining ground level;
2. (ii) “hilly land or sloppy land” means and includes any land having a gradient of 1:10 or more.

(1) Whosoever contravenes or abets the contravention of any of the provisions of section 17A, shall be punishable with simple imprisonment for a period which may extend to one year or fine which may not be less than 49[Rs.10.00 lakh] or with both.

1. (2) An offence under this section shall be cognizable.]

1. (1) Notwithstanding anything contained in section 17, if, at any time after a revised regional plan has been notified/ published in the Official Gazette (hereinafter in this section referred to as the “revised regional plan”), the Government is of the opinion that such revised regional plan is required to be withdrawn, the Government may direct the 51[Chief Town Planner (Planning)] to withdraw the operation of the revised regional plan from such date, either prospective or retrospective, as the Government deems fit, and in its entirety or in part, as the case may be, and undertake the revision of the regional plan as existing immediately before the revised regional plan (hereinafter in this section referred to as the “existing regional plan”), in its entirety or in part, as the case may be, and thereupon the foregoing provisions of this Act relating to the preparation of the regional plan shall, as far as may be, apply to the revision of a regional plan under this section.
2. (2) The 52[Chief Town Planner (Planning)] shall, thereafter, withdraw the operation of the revised regional plan from the date as directed by the Government, in entirety or in part, as the case may be, by publication of a notification in the Official Gazette and in two local newspapers.
3. (3) On and from the date of withdrawal of the revised regional plan by publication of the notification under the provisions of sub-section (2) of this section, all development programmes undertaken by any Department of the Government or by public and private institutions or by any other person shall conform to the provisions of the existing regional plan.]

1. (1) The Government may direct the Chief Town Planner (Planning) to prepare a Zoning Plan in respect of the whole or any part or parts of the local planning area.
2. (2) The Zoning Plan referred under sub-section (1) shall be prepared after consultation with the concerned local authority or authorities and it shall be within the broad framework of regional plan.
3. (3) The provisions of sections 12, 13, 14 and 15 of this Act shall mutatis mutandis apply for preparation of Zoning Plan.

1. (1) The Zoning Plan shall,—
   • (a) indicate, define and provide for all the matters that have to be, or may be, indicated, defined and provided for in the regional plan with such modifications as the Government deems fit;
   • (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;
     • (ii) comprehensive land allocation of areas or zones for residential, commercial, industrial, public utilities, 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;
   • (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;
2. (2) Zoning Plan for local planning area may,—
   • (a) indicate, define and provide for,—
     • (i) all such matters including planning standards, gross and new density and such guiding principles as the Government may consider expedient to be indicated, defined and provided for in the regional Plan;
     • (ii) detailed development of specific areas for housing, shopping centres, industrial areas, civic centres, educational and cultural institutions, rain water harvesting, garbage management, cattle pounds and other public utilities;
     • (iii) control of architectural features, elevation and frontage of buildings and structures;
   • (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 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 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 regional plan;
     • (v) any of the matters as are referred to in clause (a).
   • (C) indicate and provide proposal for transferable development right, transferable development right for posterity, accommodation reservation or any other similar technique for promoting planned development.
3. (3) Subject to such rules as may be made for regulating the form and contents of a Zoning 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.]