section 142
Repeal.
The Goa Town and Country Planning Act, 1974Chapter XI Miscellaneous
- (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in force in the Union territory of Goa, Daman and Diu corresponding to any of the provisions of this Act shall stand repealed.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.
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