Bare Act
Chapter XI Miscellaneous
Chapter XI Miscellaneous
108. Annual Reports.
- (1) The Board shall prepare for every year a report of its activities during the year and submit the report to the Government in such form, and on or before such date, as may be prescribed and the Government shall cause a copy of the report to be laid before the Legislative Assembly.
- (2) Every Planning and Development Authority shall prepare for every year a report of its activities under this Act during the year and submit the report to the Government and the Board in such form, and on or before such date, as may be prescribed.
Chapter XI Miscellaneous
109. Pension and Provident Funds.
- (1) Every Planning and Development Authority shall constitute for the benefit of its officers and other employees, in such manner and subject to such conditions as may be prescribed, such pension and provident funds as it may deem fit.
- (2) Where any such pension or provident fund has been constituted, the Government may declare that the provisions of the Provident Funds Act, 1925, shall apply to such fund as if it were a Government Provident Fund. Central Act 19 of 1925.
Chapter XI Miscellaneous
110. Power of entry.
- (1) The 109[Chief Town Planner (Planning)] or Town Planning Officer of any Planning and Development Authority or any person authorised by the Board or any Planning and Development Authority may enter into, or upon, any land or building with or without assistants or workmen for the purpose of —
- (a) making any enquiry, inspection, measurement or survey or taking levels of such land or building;
- (b) setting out boundaries and intended lines of works;
- (c) marking such levels, boundaries and lines by placing marks and cutting trenches;
- (d) examining works under construction and ascertaining the course of sewers and drains;
- (e) digging or boring into the sub-soil;
- (f) ascertaining whether any land is being or has been developed in contravention of any provision of this Act or rules or regulations thereunder;
- (g) doing any other act necessary for the efficient administration of this Act: Provided that—
- (i) in the case of any building used as a dwelling house or upon any enclosed part or garden attached to such building, no such entry shall be made (unless with the consent of the occupier thereof) without giving such occupier at least twentyfour hours notice in writing of the intention to enter;
- (ii) sufficient opportunity shall in every case be given to enable women (if any) to withdraw from such land or building;
- (iii) due regard shall always be had, so far as may be compatible with the exigencies of the purpose for which the entry is made, to the social and religious usages of the occupants of the land or building entered.
- (2) The powers of the 110[Chief Town Planner (Planning)] or the Board under subsection (1) shall extend to the whole of the 111[State of Goa], and the powers of any Town Planning Officer or any Planning and Development Authority under sub-section (1) shall extend to the planning area within the Jurisdiction of that Authority and such other area which the Government may have directed to be included in a Development Plan. 112[(3) Any person who obstructs the entry of a person empowered or authorised under this section to enter into or upon any land or building or molests such person after such entry shall be punishable with fine which may extend to ten thousand rupees.]
Chapter XI Miscellaneous
111. Service of notices, etc.
- (1) All documents, including notices and orders, required by this Act or the rules, or regulations made thereunder to be served upon any person shall, save as otherwise provided in the Act or rules or regulations, be deemed to be duly served—
- (a) where the document is to be served on a Government department, railway, local authority, statutory authority, company, corporation, society, or other body, if the document is addressed to the Head of the Government Department, General Manager of the Railway, Secretary or principal officer of the local authority, statutory authority, company, corporation, society or body, to the principal, branch, local or registered office, as the case may be, of other body and is either —
- (i) sent by registered post to such person or officer; or
- (ii) delivered at such office;
- (b) where the person to be served is a member of a partnership, if the document is addressed to the partnership at its principal place of business, identifying it by the name or style under which its business is carried on, and is either —
- (i) sent by registered post, or
- (ii) delivered at the said place of business;
- (c) in any other case, if the document is addressed to the person to be served, and —
- (i) is given or tendered to him, or
- (ii) if such person cannot be found, is affixed on some conspicuous part of his last known place of residence or business, or is given or tendered to some adult member of his family or is affixed on some conspicuous part of the land or building to which it relates, or
- (iii) is sent by registered post to that person.
- (a) where the document is to be served on a Government department, railway, local authority, statutory authority, company, corporation, society, or other body, if the document is addressed to the Head of the Government Department, General Manager of the Railway, Secretary or principal officer of the local authority, statutory authority, company, corporation, society or body, to the principal, branch, local or registered office, as the case may be, of other body and is either —
- (2) Any document which is required or authorised to be served on the owner or occupier of any land or building may be addressed as the owner or occupier, as the case may be of that land or building (naming or describing that land or building) without further name or description, and shall be deemed to be duly served —
- (a) if the document so addressed is delivered or sent in accordance with clause (c) of sub-section (1); or
- (b) if the document so addressed or a copy thereof so addressed, is delivered to some person on the land or building.
- (3) Where a document is served on a partnership in accordance with this section, the document shall be deemed to be served on each partner.
- (4) For the purpose of enabling any documents to be served on the owner of any property, the Secretary to the Board or the Board or the Planning and Development Authority or any other officer authorised by the Board or the Planning and Development Authority, in this behalf, may by notice in writing require the occupier (if any) of the property to state the name and address of the owner thereof.
- (5) Where the person on whom a document is to be served is a minor, the service upon his guardian or any adult member of his family shall be deemed to be service upon the minor: Provided that a servant of such person shall not be seemed to be a member of the family for the purposes of this sub-section. .
Chapter XI Miscellaneous
112. Public notice how to be made known.
Every public notice given under this
Act or the rules or regulations made thereunder shall be in writing over the signature of the Secretary to the Board or any Planning and Development Authority, as the case may be, or such other officer who may be authorised in this behalf by the Board or Planning and Development Authority and shall be widely made known in the locality to be affected thereby by affixing copies thereof in conspicuous public places within the said locality, or by publishing the same by beat of drum or by advertisement in a local newspaper and by such other means which the Secretary to the Board or the Planning and Development Authority thinks fit.
Chapter XI Miscellaneous
113. Notices etc. to fix reasonable time
Where any notice, order or other document issued or made under this Act or any rule or regulation made thereunder requires anything to be done for the doing of which no time is fixed in the Act, or rule or regulation, the notice, order or other document shall specify a reasonable time for doing the same.
Chapter XI Miscellaneous
114. Authentication of orders and documents of the Board and the Planning and
Development Authority.— All permissions, orders, decisions, notices and other documents of the Board and any Planning and Development Authority shall be authenticated by the signature of the Secretary to the Board or Planning and Development Authority, as the case may be, or such other officer as may be authorised by the Board, or Planning and Development Authority in this behalf.
Chapter XI Miscellaneous
115. Authentication of plans and schemes and custody thereof.
- (1) Every Regional Plan, Development Plan or town planning scheme which is finally sanctioned by the Government shall be drawn up in duplicate and every such plan or scheme or every page thereof shall be authenticated under the seal and signature of the Secretary to the Government. One such plan or scheme shall be deposited with the member secretary of the Town and Country Planning Board and sealed with his seal and the second shall be deposited with the Planning and Development Authority concerned.
- (2) The plan or scheme deposited with the member secretary or the Town and Country Planning Board under seal shall be kept under lock and key and custody of member secretary and shall not be utilised unless it is required for production in any court or any authority duly empowered in this behalf by the Government for verifying any entry made or alleged to be made in any such plan or scheme, and a certified copy of any plan or scheme or any part thereof may be given to any person on payment of a fee thereof as prescribed.
- (3) Where a plan or scheme or any part thereof is produced for verification such plan or scheme or part after the relevant entry or entries therein are duly verified (such verification being made in court, or as the case may be in the Planning Board of any officer duly nominated by him in that behalf) shall be resealed with seal of Town and Country Planning Board and then deposited with him in the manner aforesaid. 113[(4) If any officer having custody of a plan, scheme makes or causes to be made any change in such plan, scheme or in any part, such change not being authorised by or under the provisions of this Act, he shall be liable for disciplinary action.]
Chapter XI Miscellaneous
116. Mode of proof o f records of Board and the Planning and
Development Authority.— Notwithstanding anything contained in the Indian Evidence Act, 1872, a copy of any receipt, application, plan, notice, order, entry in a register, or other document in the possession of the Board or any Planning and Development Authority, if duly certified by the authorised keeper thereof, or other person authorised by the Board or Planning and Development Authority in this behalf, shall be received as prima facie evidence of the existence of such receipt, application, plan, notice, order, entry or document and shall be admitted as evidence of the matters and transactions therein recorded in every case where, and to the same extent as, the original receipt, application, plan, notice, order, entry or document would, if produced, have been admissible.
Chapter XI Miscellaneous
117. Central Act 1 of 1872.
Restriction on the summoning of officers and servants of the Board and
Planning and Development Authority.— No Chairman, member or officer or employee of the Board or any Planning and Development Authority shall in any legal proceedings to which the Board or Planning and Development Authority is not a party, be required to produce any register or document the contents of which can be proved under the preceding section by a certified copy, or to appear as a witness to prove the matters and transactions recorded therein, unless by order of the court made for special cause.
Chapter XI Miscellaneous
118. Right to appear by recognised agent.
Every party to any proceeding before the Board shall be entitled to appear either in person or by his agent authorised in writing in that behalf.
Chapter XI Miscellaneous
119. Power to compel attendance of witness etc.
For the purposes of this Act, an officer appointed under sub-section (1) of section 65 or the Board, may summon and enforce the attendance of witnesses including the parties interested or any of them and compel them to give evidence and compel the production of documents by the same means, and, as far as possible, in the same manner as is provided in the case of a civil court by the Code of Civil Procedure.
Central Act 5 of 1908.
Chapter XI Miscellaneous
120. Jurisdiction of courts.
No court inferior to that of a Judicial Magistrate of the first class shall try an offence punishable under this Act.
Chapter XI Miscellaneous
121. Bar of legal proceedings.
No suit or other legal proceeding shall be maintained against the Government, Planning and Development Authority or any of its officers or persons duly appointed or authorised by it in respect of anything in good faith done or purporting to be done under the provisions of this Act or the rules or regulations made thereunder.
Chapter XI Miscellaneous
122. Offences by companies.
- (1) If the person committing an offence under this Act is a company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
- (2) Notwithstanding anything contained in sub-section (1) where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be liable to be proceeded against and punished accordingly. Explanation:— For the purposes of this section—
- (a) “company” means a body corporate and includes a firm or other association of individuals; and
- (b) “director” in relation to a firm means a partner in the firm.
Chapter XI Miscellaneous
123. Penalty for obstructing contractor or removing mark.
If any person —
- (a) obstructs, or molests any person engaged or employed by the Board or any Planning and Development Authority or any person with whom the Board or Planning and Development Authority has entered into a contract, in the performance or execution by such person of his duty, or of anything which he is empowered or required to do under this Act, or of any rule or regulation made thereunder or under the contract, as the case may be; or
- (b) removes any mark set up for the purpose of indicating any level or direction necessary to the execution of work authorised under this Act, he shall be punishable 114[with fine which may extend upto ten thousand rupees]
Chapter XI Miscellaneous
124. Sanction of prosecution
No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction of the Government or the Planning and Development Authority concerned or an officer authorised by the Government or such Planning and Development Authority in this behalf.]
Chapter XI Miscellaneous
125. Composition of offence.
- (1) 116[Subject to such terms and conditions, if any, as may be prescribed, the Government or the Planning and Development Authority concerned] or any person authorised by the Government or the Authority in this behalf, by general or special order, may either before or after the institution of the proceedings under this Act compound any offence made punishable by or under this Act.
- (2) When an offence has been compounded under sub-section (1), the offender, if in custody shall be discharged and no further proceedings shall be taken against him in respect of the offence compounded.
Chapter XI Miscellaneous
126. Magistrate’s power to impose enhanced penalties.
Central Act 2 of 1974.
Notwithstanding anything contained in section 29 of the Code of Criminal Procedure, 1973, it shall be lawful for a Judicial Magistrate of the First Class to pass any sentence authorised by this Act in excess of his powers under the said section.
Chapter XI Miscellaneous
127. Fine when realised to be paid to the Planning and Development Authority.
All fines realised in connection with any prosecution under this Act shall be paid to the
Planning and Development Authority.
Chapter XI Miscellaneous
128. Members and officers to be public servants.
Every member, officer and other employee of the Board and of every, Planning and
Development Authority shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.
Central Act 45 of 1860.
Chapter XI Miscellaneous
129. Finality of orders.
Save as otherwise expressly provided in this Act, every order passed or direction issued by the Government or the Board or order passed or notice issued by any Planning and Development Authority under this Act shall be final and shall not be questioned in any suit or other legal proceeding.
Chapter XI Miscellaneous
130. Validation of acts and proceedings.
- (1) No act done or proceeding taken under this Act shall be questioned on the ground merely of—
- (a) the existence of any vacancy in, or any defect in, the constitution of the Board or any Planning and Development Authority; or
- (b) any person associated with the Board or Planning and Development Authority under section 24 having voted in contravention of the section; or
- (c) the failure to serve a notice on any person, where no substantial injustice has resulted from such failure; or
- (d) any omission, defect or irregularity not affecting the merits of the case.
- (2) Every meeting of the Board and of any Planning and Development Authority, the minutes of the proceedings or which have been duly signed as prescribed shall be taken to have been duly convened and to be free from all defects and irregularities.
Chapter XI Miscellaneous
131. Power to delegate.
- (1) The Board may, by a resolution and with the previous consent of the Planning and Development Authority, local authority or Government, as the case may be, direct that any power exercisable by it under this Act or the rules or regulations made thereunder may also be exercised by any Planning and Development Authority, local authority or any officer of the Board or the Government as may be specified in such resolution in such cases and subject to such conditions, if any, as may be specified therein.
- (2) The 117[respective] Chief Town Planner may, by an order in writing and with the previous approval of the Board direct that any of power exercisable by him under this Act or the rules or regulations made thereunder may also be exercised by any Planning and Development Authority, local authority, or any officer of the Board or the Government as may be specified in such order in such cases and subject to such conditions, if any, as may be specified therein.
- (3) Any Planning and Development Authority may, by a resolution and with the previous approval of the local authority or Government, as the case may be, direct that any power exercisable by it under this Act or the rules, or regulations made thereunder, except the power to prepare any Development Plan or to make regulations, may also be exercised by a local authority or any officer of the Government or Planning and Development Authority as may be specified in such resolution in such cases and subject to such conditions, if any, as may be specified therein.
- (4) The Town Planning Officer of any Planning and Development Authority may, by order in writing, and with the previous approval of the Planning and Development Authority, direct that any power exercisable by him under this Act or the rules or regulations made thereunder may also be exercised by any officer of the Planning and Development Authority or local authority specified in such order in such cases and subject to such conditions, if any, as may be specified therein.
Chapter XI Miscellaneous
132. Control by the Government.
- (1) Every Planning and Development Authority shall carry out such directions as may be issued from time to time by the Government for the efficient administration of this Act.
- (2) If in, or in connection with, the exercise of its powers and discharge of its functions by any Planning and Development Authority under this Act, any dispute arises between the Planning and Development Authority and a local authority, it shall be referred to the decision of the Government.
Chapter XI Miscellaneous
133. Returns and information.
Every Planning and Development Authority shall furnish to the Government such reports and other information as the Government may from time to time require.
Chapter XI Miscellaneous
134. Effect of other laws.
- (1) Save as provided in this Act, the provisions of this Act, the rules and regulations made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.
- (2) Notwithstanding anything contained in any other law—
- (a) when permission for development in respect of any land has been obtained under this Act, such development shall not be deemed to be not validly undertaken or carried out by reason only of the fact that the permission, approval or sanction required under such other law for such development has not been obtained;
- (b) when permission for the development has not been obtained under this Act, such development shall not be deemed to be validly undertaken or carried out by reason only of the fact that permission, approval or sanction required under such other law for such development had been obtained.
Chapter XI Miscellaneous
135. Registration of documents, plan or map in connection with final scheme not required.
- (1) Nothing in the Registration Act, 1908 shall be deemed to require the registration of any document, plan or map prepared, made or sanctioned in connection with a Development Plan or town planning scheme under this Act. Central Act 16 of 1908.
- (2) All such documents, plans and maps shall, for the purposes of sections 48 and 49 of that Act, be deemed to have been registered in accordance with the provisions of that Act: Provided that copies of documents, plans and maps relating to a sanctioned scheme shall be sent to the sub-registrar’s office concerned where such copies shall be kept and made accessible to the public in the manner prescribed.
Chapter XI Miscellaneous
136. Vesting of property ceasing to have jurisdiction.
When a local authority which is a Planning and Development Authority ceases to exist or ceases to have jurisdiction over any area included in a town planning scheme, the property and rights vested in such Planning and Development Authority under this Act, shall, subject to all charges and liabilities affecting the same vest in such other Planning and Development Authority or Authorities as the Government may, with the consent of such authority or authorities, by notification direct; and the Planning and Development Authorities or each of such authorities shall have all the powers under this Act in respect of such schemes or such part of a scheme which the Planning and Development Authority had, immediately before it ceased to exist or ceased to have jurisdiction.
Chapter XI Miscellaneous
137. Special provision in case of a dissolution or supersession of a local authority
(1) Where a local authority which is a Planning and Development Authority under this Act, is dissolved or superseded under the provisions of the Act by which such local authority is constituted, the person or persons appointed under that Act to exercise the powers and perform the duties of such local authority shall be deemed to be a local authority within the meaning of clause (18) of section 2 of this Act and may exercise all the powers and perform all the duties of a Planning and Development Authority under this Act, during the period or dissolution or suppression of such local authority.
- (2) In the event of a person or persons appointed under sub-section (1) to exercise the powers and perform the duties of a Planning and Development Authority under this Act, any property, which under the provisions of this Act vest in the Planning and Development Authority exercising such powers and performing such duties shall, during the period of such dissolution or supersession, vest in the Government and such property shall, at the end of the said period vest, in such local authority as the Government may, by notification direct.
Chapter XI Miscellaneous
138. Default in exercise of power or performance of duty by Planning and Development Authority.
- (1) If, in the opinion of the Government, any Planning and Development Authority is not competent to exercise or perform, or neglects or fails to exercise or perform, any power conferred or duty imposed upon it under any of the provisions of this Act, the Government or any person or persons appointed in this behalf by the Government may exercise such power or perform such duty.
- (2) Any expenses incurred by the Government or by such person in exercising such power or performing such duty, shall be met from the funds of the Planning and Development Authority and the Government may make an order directing any person who, for the time being, has custody of any such funds to pay such expenses from such funds and such person shall be bound to obey such order.
Chapter XI Miscellaneous
139. Dissolution of Planning and Development Authorities.
- (1) Where the Government is satisfied that the purpose for which any Planning and Development Authority was established under this Act, have been substantially achieved so as to render the continued existence of the Planning and Development Authority in the opinion of the Government unnecessary, the Government may, by notification, declare that the Planning and Development Authority shall be dissolved with effect from such date as may be specified in such notification.
- (2) With effect from the date of dissolution of a Planning and Development Authority under sub-section (1) except where a direction is issued under section 137 all properties, rights and liabilities of such Planning and Development Authority shall vest in the Government.
Chapter XI Miscellaneous
140. Power to make rules.
- (1) The Government may, by notification, make rules to carry out the purposes of this Act.
- (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
- (a) the qualifications in town and country planning for appointment as 118[Chief Town Planner (Administration)], [Chief Town Planner (Land use) and [Chief Town Planner (Planning)]];
- (b) the term of office of the members of the Board, the manner of filling casual vacancies among them and the allowances payable to such members for attending the meetings of the Board;
- (c) the procedure to be followed in regard to the transaction of business at the meetings of the Board;
- (d) the functions which may be performed by the Board and the Planning and Development Authority; 119[(dd) form for making request under sub-section (1) of section 16B;]
- (e) the term of office and conditions of service of the Chairman and the members of the Planning and Development Authority; 120[(ea) the form and manner in which a Development Right Certificate is to be issued and manner in which the development right to be utilized under section 41A;
- (eb) the manner in which land and amenity to be transferred by way of accommodation reservation under section 41B;
- (ec) the manner in which development right of a property can be withdrawn or severed and allotted to other area by way of transferable development right for posterity under section 41C;]
- (f) the manner in which and the purposes for which a Planning and Development Authority may associate any person under section 24;
- (g) the control and restrictions subject to which officers and other staff of the Board, and of the Planning and Development Authority may be appointed;
- (h) the form in which land use map and land use register shall be prepared;
- (i) the form and contents of a Development Plan;
- (j) the time within which modifications, if any, may be directed to be made in any Development Plan under section 34;
- (k) the form in which any application for permission for development in respect of, or change of use of, land shall be made, the particulars to be contained therein and the documents and plans which shall accompany such application;
- (1) the manner of filing of appeals under this Act, the fees to be paid thereon and the procedure to be followed in such appeals;
- (m) the manner in which an acquisition notice may be served under this Act;
- (n) the time within which and the manner in which a claim for compensation may be made under section 48 and the procedure to be followed for assessment of compensation;
- (o) the matters which may be included in a town planning scheme;
- (p) the procedure to be followed in summarily evicting a person under section 80;
- (q) the manner in which a draft variation of a final scheme shall be published under sub-section (2) of section 81 and the particulars to be contained in such variation;
- (r) the exemption from the levy of Development Charges payable under this Act;
- (s) the rates of Development Charges and the manner in which an application for assessment of the Development Charge may be made;
- (t) the sum of money that may be kept in a current account by the Planning and Development Authority;
- (u) the form in which and the time within which the budget of a Planning and Development Authority shall be prepared and the number of copies that have to be sent to the Board and the Government;
- (v) the form of the annual statement of accounts and balance sheet of a Planning and Development Authority;
- (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;
- (y) any other matter which has to be, or may be prescribed.
- (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.
- (4) Every rule made under this section shall be laid as soon as may be after it is made, before the 121[Legislative Assembly of Goa] 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.
Chapter XI Miscellaneous
141. Power to make regulations.
- (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) 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.
- (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.
Chapter XI Miscellaneous
142. Repeal.
- (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) 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. _______________ 1. Expression “Daman and Diu” omitted by the Amendment Act 27 of 2021. 2. The expression “Union territory of Goa, Daman and Diu” is substituted by the amendment Act 27 of 2021. 3. Expression “Daman and Diu” omitted by the Amendment Act 27 of 2021. 4. The expression “Union Territory” substituted by the expression “State of Goa” vide amendment Act 27 of 2021. 5. The expression “Union Territory” substituted by the expression “State of Goa” vide amendment Act 27 of 2021. 8. Expression “Daman and Diu” omitted by the Amendment Act 27 of 2021. 9. Expression “mining, quarrying” is omitted by the Amendment Act 17 of 2020 10. The words “the cutting of a hill or any portion thereof” omitted by the Amendment Act 22 of 1997. 11. Clause (13) substituted by the amendment Act 27 of 2021. Original Clause read as follow:“Government” means the Government of Goa, Daman and Diu, and includes the Administrator of the Union territory appointed by the President under article 239 of the Constitution; 13. Clause 30A inserted vide amendment Act 27 of 2021. 14. Clause 30A and 30B inserted vide Amendment Act, 2018 (9 of 2018); published in the Official Gazette Series I No. 22 (Extraordinary) dated 30-8-2018 and come into force w.e.f. 3-10-2018. Renumbered from 30A to 30B as 30B and 30C vide amendment Act 27 of 2021. 15. Clause 31 omitted vide amendment Act 27 of 2021. 16. New clause 31 inserted vide Amendment Act 17 of 2022 17. Expression “Daman and Diu” omitted by the Amendment Act 27 of 2021. 23(Extraordinary)dated 12-9-2017. Original provisions read as follow: Appointment of Chief Town Planner.— The Government shall, by notification, appoint a person possessing the prescribed qualifications in town and country planning as the Chief Town Planner for the purposes of this Act. 19. Expression “Daman and Diu” omitted by the Amendment Act 27 of 2021. 20. The words “Union Territory” substituted with the word “State” by the Amendment Act 27 of 2021. 21. Expression “Daman and Diu” omitted by the Amendment Act 27 of 2021. 24. Words “Union Territory” substituted by the words “State of Goa” vide amendment Act 27 of 2021. 25. Words “Union Territory” substituted by the words “State of Goa” vide amendment Act 27 of 2021. 27. Words “Union Territory” substituted by the words “State of Goa” vide amendment Act 27 of 2021. 37. Proviso inserted vide Amendment Act 17 of 2020 39. Sub-section (1) substituted by the Amendment Act 10 of 2008, thereafter vide Amendment Act 17 of 2020.substituted provisions of Amendment Act 10 of 2008 read as follows :- “(1) No person shall undertake any work of development in contravention of any provision of the regional plan as in force, except the project/schemes/development works under taken by the Central Government or the Government, either by himself or through his servant or agent or any other person and all such development work shall be in conformity with the provisions of the regional plan.”
- (2) Every request under sub-section (1) shall be made in such form as may be prescribed and accompanied by such fees as notified under sections 100A and 101A.
- (3) The provisions of sections 12 to 15 shall, mutatis mutandis, apply for change of zone in the Regional Plan submitted under sub-section (1).
- (4) After the Regional Plan comes into operation, the Chief Town Planner (Planning) may, with the prior approval of the Government, make such changes in such Regional Plan as may be necessary for correcting any typographical or cartographical errors, omissions or details of proposals not fully indicated or changes arising out of the implementation of the proposals in the Regional Plan: Provided that all such changes are in the public interest and are notified to the public” 43. The words “but not earlier than five years there from,” deleted by the Amendment Act 1 of 1988. 46. Section 17A and 17B inserted by the Amendment Act 22 of 1997. 48. Proviso inserted vide Amendment Act 17 of 2020 50. Section 17C inserted by the Amendment Act 8 of 2007. 53. Section 17 D & 17 E inserted vide Amendment Act 17 of 2022 57. The words “provided that the total number of such representatives does not exceed five” omitted by the Amendment Act 1 of 1988. 73. Section 41A to 41C iinserted 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. 75. Proviso inserted vide Amendment Act 17 of 2020. 76. Words “Union Territory” substituted by the words “State” vide amendment Act 27 of 2021. the Official Gazette Series-I No.23 (Extraordinary) dated 12-9-2017. 78. The word “and” omitted by the Amendment Act 1 of 1988. 79. After renumbering existing clause (iii) as (iv), new clause (iii) inserted by the Amendment Act 1 of 1988 after renumbering existing clause (iii) as (iv). 82. The expression “within a planning area” is substituted vide Amendment Act 3 of 2018 and come into force w.e.f 22-32018. 83. The expression “planning area” is substituted vide Amendment Act 3 of 2018 and come into force w.e.f. 22-32018. 84. Proviso substituted vide Amendment Act No.20 of 2023. Original proviso read as follows: - “Provided that no such certificate of sanction or “no objection” shall be required to be produced if the sub-division of land or the making or layout of any property results from the rights of inheritance within a family”. 94. The words “Legislative Assembly of the Union territory” substituted with the words “Legislative Assembly of Goa” vide Amendment Act 27 of 2021. 95. The words “Legislative Assembly of the Union territory” substituted with the words “Legislative Assembly of Goa” vide Amendment Act 27 of 2021. 111. Words “Union Territory” substituted by the words “State of Goa” vide amendment Act 27 of 2021. 112. Sub-section (3) substituted vide Amendment Act 17 of 2022. Original sub-section read as follows:- (3) Any person who obstructs the entry of a person empowered or authorised under this section to enter into or upon any land or building or molests such person after such entry shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. 113. Sub-section(4) substituted vide Amendment Act 17 of 2022. Original sub-section read as follows:- “(4) If any officer or person having custody of a plan, scheme makes or causes to be made any change in such plan, scheme or in any part, such change not being authorised by or under the provisions of this Act, he shall, on conviction, be punished with imprisonment which may extend to six months and shall also be liable to a fine.” 117. Added vide Amendment Act 17 of 2017; published in the Official Gazette Series-I No.23(Extraordinary)dated 12-9-2017.. 121. The words “Legislative Assembly of the Union territory” substituted with the words “Legislative Assembly of Goa” vide Amendment Act 27 of 2021.
6 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 from w.e.f. 3-10-2018.
7 Renumbered from (1) to (1A) vide Amendment Act, 2018(9 of 2018); published in the Official Gazette Series I No. 22 (Extraordinary) dated 30-8-2018 and come in to force w.e.f. 3-10-2018.
12 Inserted vide Amendment Act 17 of 2022
18 Substituted vide Amendment Act 17 of 2017 published in the Official Gazette Series-I No.
22 Inserted by the Amendment Act 9 of 1977.
23 Substituted in place of expression “the Chief Town Planner, Member Secretary” vide Amendment Act 17 of 2017 published in the Official Gazette Series-I No.23(Extraordinary)dated 12-9-2017..
26 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.
28 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.
29 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.
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.
31 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.
32 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.
33 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.
34 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.
35 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.
36 Substituted by the Amendment Act 10 of 2008.
38 Inserted by the Amendment Act 22 of 1997.
40 Substituted in place of “fine which may extend to Rs.1.00 lak” vide Amendment Act 3 of 2018 which come into force w.e.f. 22-3-2018.
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.Thereafter vide Amendment Act 3 of 2024 said section is omitted w.e.f. its insertion i.e. 3-10-2018 . Omitted section read as follows:- “16B. Change of zone in Regional Plan.— (1) If at any time, after the Regional Plan comes into operation, the Chief Town Planner (Planning) receives a written request from any person for change of zone of his land in the Regional Plan, he shall, after carrying out such fresh surveys and examination of the matter as may be considered necessary, submit his report to the Board and the Government, along with plan showing details about change of zone in the Regional Plan.
42 Numbered as sub-section (1) vide Amendment Act 4 of 2023.
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 Inserted vide Amendment Act 4 of 2023.
47 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.
49 Substituted vide Amendment Act 3 of 2018 in place of expression “Rs.1.00 lakh”, Act come into force w.e.f. 22-3-2018 .
51 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.
52 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.
54 Inserted vide Ordinance No.2 of 2024, published in the Official Gazette Series-I No. No.48 (Extraordinary 2) dated 02-03-2024
55 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.
56 Inserted by the Amendment Act 19 of 1995.
58 Substituted in place of word “three” by the Amendment Act 14 of 1992.
59 Substituted by the Amendment Act 9 of 1977.
60 Inserted by the Amendment Act 9 of 1977.
61 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.
62 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.
63 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.
64 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.
65 Inserted by the Amendment Act 19 of 1995.
66 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.
67 Substituted by the Amendment Act 9 of 1977.
68 Inserted by the Amendment Act 9 of 1977.
69 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.
70 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.
71 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..
72 Inserted vide Amendment Act 3 of 2024 and came into force at once.
74 Inserted vide Amendment Act 6 of 2016
77 Substituted in place of expression “Chief Town Planner,” vide Amendment Act 17 of 2017 published in
80 Substituted in place of words and figure “five hundred rupees” vide Amendment Act 3 of 2011.
81 Substituted by the Amendment Act 18 of 2009.
85 Substituted by the Amendment Act 5 of 1998.
86 Substituted by the Amendment Act 5 of 1998.
87 Substituted by the Amendment Act 5 of 1998.
88 Substituted by the Amendment Act 5 of 1998.
89 Inserted by the Amendment Act 5 of 1998.
90 Substituted by the Amendment Act 22 of 1997.
91 Inserted by the Amendment Act 22 of 1997.
92 Substituted by the Amendment Act 22 of 1997.
93 Inserted by the Amendment Act 22 of 1997.
96 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.
97 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.
98 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..
99 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.
100 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..
101 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..
102 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..
103 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..
104 Inserted vide Amendment Act 17 of 2022.
105 Inserted by the Amendment Act 31 of 2001.
106 Inserted by the Amendment Act 31 of 2001.
107 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.
108 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..
109 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.
110 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..
114 Existing Expression” with fine which may extend to two hundred rupees or with imprisonment for a term which may extend to two months” substituted vide Amendment Act 17 of 2022
115 Substituted by the Amendment Act 12 of 1985.
116 Substituted by the Amendment Act 1 of 1988.
118 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.
119 Inserted vide Amendment Act, 2018 (9 of 2018); published in the Official Gazette Series I No. 22 (Extraordinary) dated 30-8-2018, the Act will come into force w.e.f. 3-10-2018.
120 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.
PDF: pending for this language.