The Goa Town and Country Planning Act, 1974

---1--- GOVERNMENT OF GOA, Law and Judiciary Department Notification LD/Bill/12/75 The following Bill passed by the Legislative Assembly of Goa and assented to by the President of India on 4/11/1975 is hereby published for general information. M. S. Borkar, Under Secretary (Law). Panaji, 15th November, 1975. The Goa, 1 [omitted] Town and Country Planning Act, 1974 (Act No. 21 of 1975) [4th November, 1975] AN ACT to provide for planning the development and use of rural and urban land in the 2[State of Goa]and for purposes connected therewith. Be it enacted by the Legislative Assembly of Goa in the Twenty-fifth Year of the Republic of India as follows: — CHAPTER I Preliminary 1. Short title, extent and commencement.— (1) This Act may be called the Goa, 3[omitted] Town and Country Planning Act, 1974. (2) It extends to the whole of the 4[State of Goa]. (3) It shall come into force on such date as the Government may, by notification, appoint; and different dates may be appointed for different areas of the 5[State of Goa]. 2. Definitions.— In this Act, unless the context otherwise requires,— 6 [(1) “accommodation reservation” means to accord a permission by the Government to owner of land, that is required for public amenity specified in Development Plan or Regional Plan, by the Planning and Development Authority, municipal corporation, municipal council or village panchayat, as the case may be, to use the potential of such land in the form of built-up space guided by permissible Floor Area Ratio, in addition to the built-up space required for such amenity, in lieu of payment of compensation for such land and such amenity, transferred in favour of such authority;] 7[(1A)] “agriculture” includes (i) horticulture, farming, growing of crops, fruits, vegetables, flowers, grass, fodder and trees; (ii) any kind of cultivation of soil; (iii) breeding and keeping of livestock including cattle, horses, donkeys, mules, pigs, fish, poultry and bees; (iv) the use of land which is ancillary to the farming of land or any other agricultural purposes, but does not include the use of any land attached to a building for the purposes of garden to be used along with such building; and the expression “agricultural” shall be construed accordingly; ---2--- (2) “amenities” include the utilities such as roads and streets, open spaces, parks, recreational grounds, playgrounds, water and electric supply, street lighting, sewerage, drainage, public works and other utilities, services and conveniences; (3) “area of bad lay-out or obsolete development” means the area which is defined by a Development Plan as an area of bad lay-out or obsolete development and includes other lands contiguous or adjacent thereto; (4) “Board” means the Goa, 8[omitted] Town and Country Planning Board constituted under section 4; (5) “building operations” includes— (a) erection or re-erection of a building or any part of it; (b) roofing or re-roofing of a building or any part of a building or an open space; (c) any material alteration or enlargement of a building; (d) any such alteration of a building as is likely to affect an alteration of its drainage or sanitary arrangements or materially affect its security; and (e) the construction of a door opening on any street or land not belonging to the owner of a building; (6) “Chief Town Planner” means the Chief Town Planner appointed under section 3; (7) “commerce” means the carrying on of any trade, business or profession, sale or exchange of goods of any type whatsoever, and includes the running of:— (i) with a view to making profit, hospitals or nursing homes exceeding twenty- -five beds; and (ii) hotels, restaurants and boarding houses not attached to educational institutions; and the expression “commercial” shall be construed accordingly; (8) “commercial use” includes the use of any land or building or part thereof for purposes of commerce or for storage of goods, or as an office, whether attached to any industry or otherwise; (9) “court” means a court under the Code of Civil Procedure, 1908 (Central Act V of 1908); (10) “development” with its grammatical variations and cognate expressions, means the carrying out of building, engineering, 9[***] or other operations in, on, over or under, land, 10[ ] or the making of any material change in any building or land, or in the use of any building or land, and includes sub-division of any land; (11) “Development Plan” means an Outline Development Plan or a Comprehensive Development Plan prepared under this Act; (12) “engineering operations” includes the formation or the laying out of means of access to a road or the laying out of means of water supply, drainage, sewerage or of electricity cables or lines or of telephone lines; (13) 11[“Government” means the Government of Goa;]; ---3--- (14) “industrial use” includes the use of any land or building or part thereof for purposes of any industry; (15) “industry” includes the carrying on of any manufacturing process as defined in the Factories Act, 1948, and the expression “industrial” shall be construed accordingly; Central Act 63 of 1948. (16) “land” includes benefits arising out of land and things attached to the earth or permanently fastened to anything attached to the earth; (17) “land use” means the major use to which a plot of land is being used on any specified date; (18) “local authority” means a municipal council or a village panchayat; (19) “local newspaper” in relation to any planning area, means any newspaper published or circulated within that area; 12[(19A) “local planning area” means an area other than planning area;] (20) “notification” means a notification published in the Official Gazette; (21) “occupier” includes— (a) a tenant; (b) an owner in occupation of, or otherwise using his land or building or part thereof; (c) a rent-free occupant of any land or building or part thereof; (d) a licensee in occupation of any land or building or part thereof; and (e) any person who is liable to pay to the owner damages for the use and occupation of any land or building or part thereof; (22) “owner” in relation to any property, includes the person for the time being receiving or entitled to receive, whether on his own account or as agent, trustee, guardian, manager, or receiver for another person, or for any religious or charitable purpose, the rents or profits of such property; (23) “Planning and Development Authority” means any Planning and Development Authority constituted under this Act; (24) “planning area” means any area declared to be a planning area under this Act; (25) “plot” means a continuous portion of land held in one ownership; (26) “prescribed” means prescribed by rules made under this Act; (27) “public place” means any place or building which is open to the use and enjoyment of the public, whether it is actually used or enjoyed by the public or not, and whether the entry is regulated by any fees or not; (28) “reconstituted plot” means a plot which is altered either in ownership or in any other manner by a town planning scheme; (29) “re-location of population” means in relation to an area of bad lay-out or obsolete development or a slum area, the making available, in that area or elsewhere, of accommodation, for residential purposes or for carrying on business or other activities, together with amenities, to persons living or carrying on business or other ---4--- activities in the said area who have to be so accommodated so that the said area may be properly planned; (30) “residence” includes the use for human habitation of any land or building or part thereof including gardens, grounds, garages, stables and out-houses if any, appertaining to such building; and the expression “residential” shall be construed accordingly; [(1330A) “State” means the State of Goa;]; 14[(30B) “transferable development right” means a right to transfer the potential of a land required for public purpose by the Planning and Development Authority, municipal corporation, municipal council or a village panchayat, as the case may be, expressed in terms of total permissible built-up area, for utilization by the owner himself or transfer by him to someone else, from the present location to a specified area, as additional built- up space over and above the permissible limit in that area in lieu of the payment of compensation for such land; (30C) “transferable development right for posterity” means the right to sell, transfer or surrender the development right or potential of land zoned as agricultural land or land in other areas such as heritage site, water body, riverine land, farm land, khazan land, private forest, land under Coastal Regulation Zone and the like to alternate sites as identified in the Development Plan or Regional Plan;] 15[omitted] 16[(31) “Zoning Plan” means a Zoning Plan prepared under this Act.] (32) words and expressions used in this Act and not defined herein but defined in the Goa, 17[omitted] Municipalities Act, 1968, shall have the same meanings as are respectively assigned to them in that Act. 7 of 1969. CHAPTER II Appointment of Chief Town Planner and constitution of Goa, Daman and Diu Town and Country Planning Board 3. 18 [Appointment of Chief Town Planners. — (1) The Government shall, by notification, appoint Chief Town Planner (Administration), Chief Town Planner (Land Use) and Chief Town Planner (Planning), all possessing qualifications in Town and Country Planning as prescribed, for the purposes of this Act. (2) The Government may by an order transfer, change, substitute or appoint any of Chief Town Planners of any of the three posts in the preceding sub-section (1)] 4. Constitution of Goa, 19[omitted] Town and Country Planning Board.— (1) The Government shall, by notification, constitute for the 20[State], a Board to be called the Goa, 21[omitted] Town and Country Planning Board. (2) The Board shall consist of the following members, namely:— (a) The Minister-in-charge of town and country planning, who shall be the Chairman thereof; (b) Secretaries to Government in the department dealing with the following subjects, namely:— ---5--- (i) town and country planning; (ii) local self Government; (iii) planning; and (iv) industry; (c) Head of the Public Works Department; (d) Head of the Forests Department; (e) Director of Agriculture; (f) Director of Tourism; (g: Director of Transport; (h) Director of Health Services; 22[(h1) Director of Bureau of Economics, Statistics and Evaluation; (h2) Director of Fisheries] (i) four members nominated by the Central Government to represent respectively the Ministries of that Government dealing with: (i) railways; (ii) defence; (iii) transport; and (iv) tourism; (j) two persons having special knowledge of, and practical experience in, matters relating to town and country planning, architecture, engineering, transport, industries, commerce, agriculture or geology to be nominated by the Government; (k) one person deputed by Chamber of Commerce and Industries, Goa; (1) two members of the Legislative Assembly to be elected by the members thereof; . 23 [(m) the Chief Town Planner (Planning), Member Secretary]. (3) The Government may appoint one of the members of the Board as its Vice-Chairman. 5. Term of office, allowances, etc., of members of the Board.— The term of office of the members of the Board referred to in clauses (j) and (1) of sub-section (2) of section 4, the manner of filling casual vacancies among them and the allowances payable to them for attending the meetings of the Board shall be such as may be prescribed: Provided that the member referred to in clause (1) of the said sub-section shall cease to hold office on his ceasing to be a member of the Legislative Assembly. 6. Resignation by a member.— Any member of the Board referred to in clauses (j) and (1) of sub-section (2) of section 4 may resign his office by giving notice in writing to the Government and on such resignation being accepted, by the Government, he shall cease to be a member. 7. Meetings of Board.— The Board shall meet at such times and places as it may think fit and observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed. ---6--- 8. Functions and powers of Board.— (1) Subject to the provisions of this Act and the rules made thereunder, the functions of the Board shall be to guide, direct and assist the Planning and Development Authorities, to advise the Government in matters relating to the planning, development and use of rural and urban land in the 24[State of Goa], and to perform such other functions as the Government may, from time to time, assign to the Board. (2) In particular, and without prejudice to the generality of the foregoing provisions, the Board may, and shall if required by the Government so to do— (a) direct the preparation of development plans by the Planning and Development Authorities; (b) undertake, assist and encourage the collection, maintenance and publication of statistics, bulletins and monographs on planning and its methodology; (c) co-ordinate and advise on the planning and implementation of physical development programmes within the 25[State of Goa], (d) prepare and furnish reports relating to the working of this Act; and (e) perform such other functions as are incidental, supplemental or consequential to any of the functions aforesaid or which may be prescribed. (3) The Board may exercise all such powers as may be necessary or expedient for the purpose of carrying out its functions under this Act. CHAPTER III Regional Plans 9. Power to direct preparation of 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. 10. Preparation of regional plans.— 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. 11. Contents of regional plan.— (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) 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; ---7--- 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. 12. Board to consider the regional plan.— 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. 13. Public notice of the regional plan.— (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) 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) 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. 14. Approval by Government.— (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 ---8--- 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) 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. 15. Publication of regional 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. 16. 36[Effect of regional plan.— 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.] 38[16A. Development to conform to regional plan.- 39[(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 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.] (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]. (3) An offence under this section shall be cognizable.] 41[*** Omitted ] 17. Revision of regional plan.— 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 ---9--- 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.]. 46[17A. Prohibition on cutting of hilly land and filling up of low lying land, etc.— 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— (i) “low lying land” means and includes any land below 50 cms. or more than from the adjoining ground level; (ii) “hilly land or sloppy land” means and includes any land having a gradient of 1:10 or more. 17B. Penalty for contravention of section 17A.- (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. (2) An offence under this section shall be cognizable.] 50[17C. Withdrawal of revised Regional Plan.— (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) 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) 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 ---10--- institutions or by any other person shall conform to the provisions of the existing regional plan.] 53 [17D. Power to direct preparation of Zoning Plan.— (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) 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) The provisions of sections 12, 13, 14 and 15 of this Act shall mutatis mutandis apply for preparation of Zoning Plan. 17E. Contents of Zoning Plan.— (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) 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 ---11--- 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) 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.] CHAPTER IV Declaration of Planning areas and constitution of Planning and Development Authorities 18. Declaration of planning areas, their amalgamation, sub-division, etc.— (1) The 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. (2) Every notification issued under sub-section (1) shall define the limits of the area to which the notification relates. (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. (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. ---12--- (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. 19. Power to withdraw planning area from operation of the Act.— (1) The Government may, if it is of opinion that it is necessary so to do in the public interest by notification, withdraw from the operation of this Act the whole or part of any planning area. (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; (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. 54[(3) Notwithstanding anything contained in this Act,— (i) where the whole or part of any planning area is withdrawn from the operation of this Act, the Outline Development Plan which was in force in such planning area on the date of its withdrawal shall remain in force till such date the said area continues to be non-planning area; (ii) Where any area is declared to be a planning area under section 18, till such date the Outline Development Plan is prepared and published under section 37 in respect of such area, all development works in such area shall conform to the regional plan.] 20. Constitution of Planning and Development Authority.— (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 ---13--- “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 55 [Chief Town Planner (Planning)] who shall be the Member Secretary of the Planning and Development Authority; 56[(iia) All the Members of Legislative Assembly representing a planning area;] (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, 57[ ]; (iv) such number of other members, not exceeding 58[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:— ---14--- (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 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. 21. Term of office and conditions of service of the Chairman and members of 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. (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. (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. 22. Functions and powers of Planning and Development Authorities.— 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. 23. Meetings of Planning and Development Authority.— (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. ---15--- (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. (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. (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. 24. Temporary association of persons with the Planning and Development 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. (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. 25. Staff of Planning and Development Authority.— (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. CHAPTER V Present Land Use 26. Preparation of map and register showing present land use.— 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. ---16--- 27. Notice of preparation of map and register.— (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. (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). (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. (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. (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. (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. 28. 59[Power of Government to prepare the map and register].— (1) Where a map and a register are to be prepared under this Act, then— (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 (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 60[or if the Government is of the opinion that such a map or register is needed to be prepared by the 61 [Chief Town Planner (Land use)]], the Government may direct the 62 [Chief Town Planner (Land use)]to prepare a map and register. (2) The 63 [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. (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. ---17--- CHAPTER VI Preparation of Development Plans 29. Preparation of Outline Development Plan.— 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. 30. Contents of Outline Development Plan.— (1) An Outline Development Plan shall— (a) indicate broadly the manner in which the land in the planning area is proposed to be used; (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; (c) indicate, define and provide— (i) for existing and proposed national high-ways, arterial roads, ring roads and major streets; and (ii) for existing and proposed lines of communications, including railways, tram- ways, airports and canals; (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. 64[(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.] (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. (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. 65[(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;] ---18--- 31. Preparation of Comprehensive Development Plan.— 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. 32. Contents of Comprehensive Development Plan.— (1) A Comprehensive Development 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 Outline Development Plan with such modifications as the Planning and Development Authority 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, 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; (d) indicate the stages by which the proposals are intended to be carried out, together with the financial implications of each stage. (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; ---19--- (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). 66[(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) 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. 33. 67[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 68[or if the Government is of the opinion that such a plan is needed to be prepared by the 69 [Chief Town Planner (Planning)], the Government may authorise the 70 [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. (2) The 71 [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. 34. Consent of Government to the publication of notice of preparation of 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. (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. 35. Public notice of the preparation of the Development Plan.— (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 ---20--- newspapers, of the preparation of the Development Plan, indicating therein the place or 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. (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 1894. (3) After the expiry of the period specified in the notification made under sub-section (1), the Planning and Development Authority shall appoint a Committee consisting of the Town Planning Officer and not more than two of its other members, to consider the objections received under sub-section (1) and to report within such time as the Planning and Development Authority may fix in this behalf, with regard to the merits or otherwise of the objections. (4) The Committee appointed under sub-section (3) shall have power to co-opt any other person and any person so co-opted shall have a right to take part in the meetings or the Committee, out shall not have a right to vote. (5) The Committee so appointed shall afford a reasonable opportunity of being heard to any person, including representatives of Government Departments or local authorities, who has submitted any objection and who has made a request for being so heard. (6) As soon as may be, after the receipt of the report from the Committee, but not later than the time prescribed by the rules, the Planning and Development Authority shall consider such report and may make such alterations or modifications in the Development. Plan as it considers proper, and shall submit the Development Plan with or without alterations or modifications together with the report of the Committee to the Board and to the Government. 36. Approval by Government.— 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. 37. Coming into operation of Development Plan.— (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. ---21--- (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 (3) The Development Plan shall come into operation from the date of publication of the notification under sub-section (1). (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. 38. Appeal.— (1) Within one month of the coming into operation of any Development 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:— (i) that it is not within the powers conferred by this Act, or (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. (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. (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. 39. Alteration of Development Plan and making of minor changes.— (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. (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). ---22--- (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. 72 [39A. Change of Zone.— (1) Notwithstanding anything contained in this Act, the Chief Town Planner (Planning) upon direction of the Government or on receipt of an application in this regard and with approval of the Board, may, from time to time, alter or modify the Regional Plan and /or the Outline Development Plan to the extent as specified in sub-section (2) for carrying out change of zone of any land therein, in such manner as prescribed, after giving notice of 30 days inviting suggestions from the public, provided the change of zone shall not be in respect if any eco sensitive land as may be prescribed. (2) The alteration or modification carried out under sub-section (1) shall not alter the overall character of the existing Regional Plan and/or the Outline Development Plan.] 40. Suspension of Development Plan in emergency by Government.— If the 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. 41. Power to acquire land under the Land Acquisition Act, 1894.— Any land required, reserved or designated in a Development Plan shall be deemed to be land needed for a public purpose within the meaning of the Land Acquisition Act, 1894, and may be acquired in accordance with the provision of that Act. Central Act 1 of 1894. 73[41A. Acquisition of land by according transferable development right.— (1) The Planning and Development Authority, municipal corporation, municipal council or a village panchayat may, with approval of the Government and the consent of the owner, acquire his land for public purpose and the Government may accord him a transferable development right, in lieu of the payment of compensation towards such acquisition, by issuing a Development Right Certificate in such form and in such manner as may be prescribed. (2) The transferable development right could be utilized as additional built up space in such manner as may be prescribed by the owner who may use it himself or transfer it to any other person in full or in part, to use in areas earmarked for the purpose in Regional Plan or Development Plan. 41B. Acquisition by way of accommodation reservation.— (1) A Planning and Development Authority, municipal corporation, municipal council or a village panchayat may, with the consent of the owner, get transferred his land and amenity in its favour for public purpose as specified in the Regional Plan or Development Plan, by way of accommodation reservation, in such manner as may be prescribed. (2) The owner of such land shall develop such amenity and hand it over to the said authority free of cost and thereafter he shall himself utilize the developmental right equivalent to full permissible Floor Area Ratio. ---23--- 41C. Preservation of natural reserves and resources for posterity.— A Planning and Development Authority, municipal corporation, municipal council or a village panchayat may with approval of the Government and the consent of the owner, withdraw or severe the development right or potential in respect of land identified for conservation or preservation in the Regional Plan or Development Plan and the Government may allot the development right, thus removed, or severed to other area which is more suitable for development by way of transferable development right for posterity in such manner as may be prescribed.] CHAPTER VII Control of Development and Use of Land 42. Land use to conform to Development Plan.— On and from the date on which a public notice of the preparation of a Development Plan is published under sub-section (1) of section 35, every land use, every change in land use and every development in the area covered by the Development Plan shall conform to the provisions of this Act and the Development Plan as finally approved by Government under section 36: Provided that the Planning and Development Authority may allow the continuance, for a period not exceeding ten years, of the use, upon such terms and conditions as may be prescribed by regulations made in this behalf, of any land to the extent to which it was used on the date on which such public notice is published. 74[42A. Setting up of Eco Tourism Activities.— Notwithstanding anything contained in this Act, or the Regional Plan, Outline Development Plan, or a Comprehensive Development Plan or a Land Use Plan prepared under this Act, or in any of the provisions of the Goa Land Revenue Code, 1968 or any other law for the time being in force, an Applicant who desires to set up any Eco Tourism activity permitted in the Eco Sensitive Zone Notification, in Eco Sensitive Zones declared under the Environment Protection Act, 1986 and the Rules framed there under by the Ministry of Environment and Forest, Government of India, shall not be required to obtain any conversion of land, or any change of zoning or change of land use or any change of land either under this Act or any other maps or plans finalised there under, or Regulations or the Goa Land Revenue Code, 1968: Provided that such project or Eco Tourism Activity can be set up to an extent of 5% of the total area and that the minimum area required is not less than 20,000 sq. metres: Provided further that persons desirous of setting up of any such Eco Tourism Activities shall be required to obtain prior approval of the State Level Eco Sensitive Zone Monitoring Committee or such other Authority, as may be designated from time to time as well as the construction licence in terms of the Goa Panchayat Raj Act, 1994, but shall not require any Land Use, or Conversion Sanad or change of Zoning or Area Conversion under the local laws.] 43. Prohibition of Development without payment of development charges and without permission.— Subject to the other provisions of this Act, no development, in respect of, or change of use of, any land shall be undertaken or carried out, in an area after the application of this Act to such area— (a) without obtaining a certificate from the Planning and Development Authority concerned that the development charge as leviable under this Act has been paid or that no such development charge is leviable; and (b) without obtaining a permission under section 44: ---24--- Provided that no such permission shall be necessary— (i) for carrying out such works for the maintenance, improvement or other alteration of any building which affects only its interior or which do not materially affect the external appearance of the building; (ii) subject to the provisions of sub-section (2) of section 44 for the carrying out by the Central Government or the Government or any local authority, of— (a) any work required for the maintenance or improvement of a highway, road or public street, being work carried out on land within the boundaries of such highway, road or public street; (b) any work for the purpose of inspecting, repairing or renewing any drains, sewers, mains, pipes, cables or other apparatus, including the breaking open of any street or other land for that purpose; (iii) for the excavations (including wells) made in the ordinary course of agricultural operations; (iv) for the construction of unmetalled roads intended to give access to land solely for agricultural purposes; (v) for the normal use of land which may be used temporarily for other purposes; (vi) in the case of land normally used for one purpose and occasionally used for any other purpose, for the use of land for that other purpose on occasions; or (vii) for the use, or for any purpose incidental to the use, of a building for human habitation, or any other building or land attached to such building. 44. Grant of permission.— (1) Any person intending to carry out any development in respect of, or change of use of, any land shall make an application in writing to the Planning and Development Authority for permission in such form and containing such particulars and accompanied by such documents and plans as may be prescribed. 75[Provided that, no such permission shall be required to undertake any activity for which permission/licence is granted under the Mines and Minerals (Development and Regulation) Act, 1957 (Central Act No. 67 of 1957) and rules made thereunder.] (2) (a) In the case of a Department of the Central or 76[State], Government or local authority intending to carry out any development in respect of, or change of use of any land, the Department or authority concerned shall notify in writing to the Planning and Development Authority of its intention to do so, giving full particulars thereof accompanied by such documents and plans as may be prescribed, at least two months prior to the undertaking of such development or change, as the case may be, and shall obtain permission in respect thereof. (b) Where the Planning and Development Authority has raised any objection in respect of the conformity of the proposed development or change of use either to any Development Plan under preparation or to any of the regulations in force at the time, or due to any other material consideration, the Department or authority concerned, as the case may be, shall, either make the necessary modifications in the proposals for such development or change of use to meet the objections raised by the Planning and Development Authority or submit the proposal for such development or change of use together with the objections raised by the Planning and Development Authority to the decision of the Government. ---25--- (c) The Government on receipt of such proposals together with the objections of the Planning and Development Authority shall, in consultation with the 77 [Chief Town Planner (Land use)], either approve the proposals with or without modifications or direct the Department or authority concerned, as the case may be, to make such modifications in the proposals as they consider necessary in the circumstances. (3) On an application having been duly made under sub-section (1), and on payment of the development charges, if any, as may be assessed under Chapter IX, the Planning and Development Authority may— (a) pass an order — (i) granting permission unconditionally; or (ii) granting permission subject to such conditions as it may think fit to impose; or (iii) refusing permission; or (b) without prejudice to the generality of clause (a), impose conditions— (i) to the effect that the permission granted is only for a limited period and that after the expiry of that period, the land shall be restored to its previous condition or the use of the land so permitted shall be discontinued; or (ii) for regulating the development or use of any land under the control of the applicant or for the carrying out of works on any such land as may appear to the Planning and Development Authority expedient for the purpose of the permitted development. (4) The Planning and Development Authority in dealing with the applications for permission under this section shall have regard to — (i) the provisions of any Development Plan which has come into operation; (ii) the proposals or provisions which it thinks are likely to be made in any Development Plan under preparation, or to be prepared; 78[ ] 79[(iii) to the relevant bye-laws or regulations of the local authority concerned; and] (iv) any other material consideration. (5) When permission is granted subject to conditions or is refused, the grounds for imposing such conditions or such refusal shall be recorded in writing in the order and such order shall be communicated to the applicant in the manner prescribed. 45. Appeal against orders passed or omitted to be passed under section 44.— (1) Any applicant may appeal to the Board, (a) where he is aggrieved by an order passed under section 44 within two months of the communication of that order to him, (b) where no order is passed, after the expiry of a period of three months from the date of submission of the application. (2) An appeal under sub-section (1) shall be preferred in such manner and accompanied with such fees, not exceeding 80[ten thousand rupees, ] as may be prescribed. (3) The Board may, after giving a reasonable opportunity of being heard to the appellant and the concerned Planning and Development Authority, pass an order— (a) granting permission unconditionally; or (b) granting permission subject to such conditions as it may think fit; or (c) removing the conditions subject to which permission has been granted and ---26--- imposing such other conditions, if any, as it may think fit; or (d) refusing permission: Provided that the Board shall dispose of every appeal within three months of the date of preferring the same and if not so disposed it shall be deemed that the prayer of the appellant is granted. 46. Validity of permission.— Every permission granted under this Act shall remain in force for a period of three years from the date of such permission: Provided that the Planning and Development Authority may, on application made in this behalf before the expiry of the said period, extend such period, by such period or periods as it may think proper; so, however, that the total period extended shall in no case exceed three years: Provided further that the lapse of any such permission shall not bar any subsequent application for fresh permission under this Act. 47. Obligation to acquire land on refusal of permission or on grant of permission in certain cases.— (1) Where any person aggrieved by an order in appeal under section 45 refusing to grant permission or granting permission subject to conditions, claims— (a) that the land has become incapable of reasonably beneficial use in the existing state, or (b) in a case where permission was granted subject to conditions, that the land cannot be rendered capable of reasonably beneficial use by carrying out the development in accordance with such conditions, he may, within three months from the date of passing of such order and in the manner prescribed, serve on the Government, a notice requiring the Government to acquire his interest in such land (hereinafter in this section and in section 54, referred to as an acquisition notice). (2) A copy of the acquisition notice shall also be served on the Board and the Planning and Development Authority concerned. (3) After receiving the notice under sub-section (1) the Government shall appoint a person who shall, after giving a reasonable opportunity of being heard to the person serving the acquisition notice, the concerned Planning and Development Authority and the Board, submit a report thereon to the Government. (4) After receiving the report under sub-section (3), the Government shall— (a) (i) if it is satisfied that any of the conditions specified in clause (a) or clause (b) of sub-section (1) is not fulfilled; or (ii) if the order appealed against was passed on the ground that any of the provisions of this Act or the rules made thereunder had not been complied with, pass an order refusing to confirm the notice; or (b) if it is satisfied that any of the conditions specified in clause (a) or clause (b) of sub-section (1) is fulfilled, pass an order— (i) confirming the notice; or (ii) directing the Planning and Development Authority to grant such permission ---27--- or to alter the conditions in such a way as will keep the land or part thereof capable of reasonably beneficial use. (5) If within the period of one year from the date on which an acquisition notice is served under sub-section (1), the Government had not passed any order under sub-section (4), the notice shall be deemed to have been confirmed on the expiration of such period. (6) On an acquisition notice being confirmed under sub-section (4) or deemed to have been confirmed under sub-section (5), the Government shall proceed to acquire the land or part thereof in respect of which the notice has been confirmed, within one year of such confirmation. 48. Compensation for refusal of permission or grant of permission subject to conditions in certain cases.— (1) Where an order in appeal under section 45 refusing to grant permission to develop the land or granting of such permission subject to conditions, relates to,— (a) the re-erection of a building which has been destroyed or demolished and such re-erection does not exceed the cubic content of the original building by more than one-tenth; or (b) the enlargement, improvement or other alteration of any building which was in existence on the date of coming into operation of the Development Plan for the first time, and such enlargement or improvement or alteration does not exceed the cubic content of that building by more than one tenth; or (c) the carrying out, on any land used for the purposes of agriculture, of any building or other operation required for that purpose, other than operations for the erection, enlargement, improvement or alteration of a building for human habitation or of a building used for the purpose of marketing the produce of land; or (d) where any part of any building or other land which on the date of coming into operation of the Development Plan for the first time is used for a particular purpose, the use for that purpose of any additional part of the building or land not exceeding one-tenth of the cubic content of the part of the building used for that purpose on that date, or as the case may be, one-tenth of the area of the land so used on that date, the owner may, if he had not served an acquisition notice under section 47 or if he had served such notice, the same had not been confirmed under that section, within such time and in such manner as may be prescribed, claim upon the Planning and Development Authority compensation for the refusal of such permission or for the grant thereof subject to conditions: Provided that no compensation shall be claimed if such refusal or grant of permission subject to conditions was by reason of any provision in the Development Plan. (2) The compensation, if any, payable under sub-section (1) shall be equal to— (a) where permission is refused, the difference between the value of the land if the permission had been granted and the value of the land in its existing state; or (b) where permission is granted subject to conditions, the difference between the value of the land if the permission had been granted unconditionally and the value of the land when permission is granted subject to conditions. ---28--- (3) When a claim under sub-section (1) is received by the Planning and Development Authority, it shall, after giving an opportunity of being heard to the claimant, assess the amount of compensation payable and offer it to the claimant. (4) If the claimant does not accept the compensation offered under sub-section (3) and gives notice, within such time as may be prescribed, of such refusal, the Planning and Development Authority shall refer the matter for the adjudication of the District Court and the decision of that court shall be final and binding on the owner and the Planning and Development Authority. 49. Sanction for sub-division of plot or layout of private street and restriction on registration of purchase, sale or transfer of immovable property.— (1) Any person intending to sub-divide his plot or make or layout a private street, on or after the date on which a public notice of the preparation of a Development Plan is published under sub-section (1) of section 35, shall submit the layout plan together with the prescribed particulars to the Planning and Development Authority for sanction. (2) The Planning and Development Authority may within the prescribed period, sanction such plan either with or without modifications and conditions as it considers expedient or may refuse to give sanction if it is of the opinion that such sub-division, making or layout is not in conformity with the proposals contained in a Development Plan. (3) When the sanction is granted subject to conditions or refused, the grounds for imposing such conditions or such refusal shall be recorded in writing in the order and such order shall be communicated to the applicant in the manner prescribed. (4) If any person does any work in contravention of the provisions of sub-section (1) or in contravention of the modifications and conditions of the sanction granted under sub-section (2) or inspite of the refusal of sanction under sub-section (2), the Planning and Development Authority may direct such person by notice in writing to stop any work in progress and after making an inquiry in the prescribed manner, remove or pull down any work or restore the land to its original condition. (5) Any expenses incurred by the Planning and Development Authority under sub-section (4) shall be a sum due to the Planning and Development Authority under this Act from the person in default. 81[(6) Notwithstanding anything contained in any other law for the time being in force, where any document required to be registered under the provisions of sub-section (1) of section 29 of the Registration Act, 1908, purports to transfer, assign, limit or extinguish the right, title or interest of any person, in respect of plots which are not as per Survey Plan issued by Survey Department or plots which have no development permissions for such sub-division from Planning and Development Authority 82[within a planning area or from the Town and Country Planning Department within a area other than a planning area], no registering officer appointed under the Act, shall register any document, unless the owner of such plot produces a certificate of sanction or a certificate of “no objection” from the Planning and Development Authority exercising jurisdiction in respect of the 83[in Central Act 16 of 1908. ---29--- respect of the planning area or from the Chief Town Planner (Planning) or such officer as may be authorised by him by notification in the Official Gazette, in respect of such other area]: 84[Provided that no such certificate of sanction or “no objection” shall be required to be produced to transfer, assign, limit or extinguish the right, title or interest in respect of plot to be acquired through inheritance in an ancestral property or in family property by the legal heirs pursuant to Succession Deed, Inventory proceeding, Will, family partition/settlement, gift, governed by the provisions of the Goa Succession, Special Notaries and Inventory Proceedings Act, 2012 (Goa Act 23 of 2016) and the law in force: Provided further that such development permission shall be required where sub- division results in plots in excess of number of legal heirs.] Provided further that no such certificate of sanction or no objection shall be required to be produced for the purpose of mortgaging immovable property in favour of any financial institution notified by the Government by a notification in the Official Gazette, for the purpose of this Act.] 50. Power to revoke or modify permission to develop.— (1) If it appears to the Planning and Development Authority that, having regard to the Development Plan prepared or under preparation or to be prepared and any other material consideration, it is necessary and expedient that any permission to develop land granted under this Act or any other law, ought to be revoked or modified, it may, by order, revoke or modify such permission to such extent as appears to it to be necessary: Provided that— (a) where the permission relates to the carrying out of building or other operations, no such order, (i) shall affect such of the operations as have been previously carried out; or (ii) shall be passed after such operations have been completed; (b) where permission relates to a change of use of land no such order shall be passed at any time after such change has taken place. (2) When permission is revoked or modified by an order made under sub-section (1), the owner may, within such time and in such manner as may be prescribed, claim compensation for the expenditure incurred in carrying out any work in accordance with such permission and which has been rendered abortive by the revocation or modification of permission. (3) Where a claim under sub-section (2) is received by the Planning and Development Authority it shall, after giving an opportunity of being heard to the claimant assess the amount of compensation payable and offer it to the claimant. (4) If the claimant does not accept the compensation offered under sub-section (3), and gives notice, within such time as may be prescribed, of such refusal, the Planning and Development Authority shall refer the matter for the adjudication of the District Court and the decision of that court shall be final and binding on the claimant and the Planning and Development Authority. 51. Penalty for unauthorised Development, etc.— (1) Any person who, either by himself or at the instance of any other person, commences, undertakes or carries out ---30--- development of, or changes the use of any land — (a) in contravention of any Development Plan; or (b) without obtaining a certificate regarding development charge under section 43; or (c) without the permission as required under this Act; or (d) in contravention of any condition subject to which such permission has been granted; or (e) after the permission for development has been revoked under section 50; or (f) in contravention of the permission which has been modified under section 50, shall be punishable with fine which may extend to 85[One lakh rupees] and in the case of a continuing contravention with a further fine which may extend to 86[ten thousand rupees for every day] during which such contravention is continued after conviction for the first such contravention. (2) Any person who continues to use or allows the use of any land or building in contravention of the provisions of a Development Plan without having been allowed under section 42, or where the continuance of such use has been allowed under that section, continues such use after the period for which the use has been allowed or without complying with the terms and conditions under which the continuance of such use is allowed, shall be punishable with fine which may extend to 87[ten thousand rupees], and in the case of a continuing contravention with a further fine which may extend to 88[five hundred rupees] for every day during which such contravention is continued after conviction for the first such contravention. 89[(3) An offence under this section shall be cognizable.] 52. Power to require removal of unauthorised development.— (1) Where any development or change of use of land has been carried out in any manner specified in clauses (a) to (f) of sub-section (1) of section 51, the Planning and Development Authority may, within four years of such development or change, serve on the owner a notice requiring him, within such period, being not less than one month from the date of service of such notice as may be specified therein, to take any of the following steps as may be specified in the notice, namely:— (a) in the cases specified in clause (a) or clause (c) or clause (e) of the said sub-section to restore the land to its condition before the said development took place; (b) in the cases specified in clause (d) or clause (f) of the said sub-section to secure compliance with the conditions subject to which the permission was granted or with the permission as so modified; (c) in the cases specified in clause (b), to pay the development charge and such penalty, if any, as may be prescribed, and in particular, such notice may, for any of the purposes aforesaid require— (i) the demolition or alteration of any building or work; (ii) the carrying out on land, of any building or other operations; or (iii) the discontinuance of any use of land: Provided that in case the notice required the discontinuance of the use of any land, the Planning and Development Authority shall serve a notice on the occupier also. ---31--- (2) Any person aggrieved by a notice served under sub-section (1) may within such period and in such manner as may be prescribed— (a) apply for permission under section 44 for the retention on the land of any buildings or works or for the continuance of any use of the land, to which the notice relates; or (b) appeal to the Board. (3) Where an application for permission has been made under clause (a), or an appeal has been preferred under clause (b), of sub-section (2), the notice served under sub- section (1) shall have no effect until the final determination or withdrawal of the application or the appeal, as the case may be. (4) Where permission is granted on an application referred to in clause (a) of sub-section (2), the notice issued under sub-section (1) shall not have effect and where such permission is granted for the retention only of some building or work or for the continuance of use of only a part of the land, such notice shall not have effect regarding such building or work or such part of the land, but shall have full effect regarding other buildings or works or other parts of the land. (5) Where an appeal has been preferred under clause (b) of sub-section (2), the Board shall, after giving a reasonable opportunity of being heard to the appellant and the Planning and Development Authority concerned, allow or dismiss the appeal either by quashing or warying the notice as it may think fit. (6) If within the period specified in the notice or within such period after the disposal or withdrawal of an application for permission or an appeal under sub-section (2), as may be prescribed, the notice or so much of it as continues to have effect or the notice with variations made in such appeal is not complied with, the Planning and Development Authority may— (a) prosecute the owner for not complying with the notice and in case where the notice required the discontinuance of any use of land, also any other person who uses the land or causes or permits the land to be used in contravention of the notice; and (b) in the case of a notice requiring the demolition or alteration of any building or work or other operations, itself cause the restoration of the land to its condition before the development took place and secure the compliance with the conditions of the permission or with the permission modified by taking such steps as the Planning and Development Authority may consider necessary including demolition or alteration of any building or works or carrying out of any building or other operations and may recover the cost of any expenses incurred by it in this behalf from the owner as arrears of land revenue. (7) Any person prosecuted under clause (a) of sub-section (6) shall be punishable with fine which may extend to 90[One lakh rupees], and in the case of a continuing contravention with a further fine which may extend to five hundred rupees for every day during which such contravention continued after conviction for the first such contravention. 91 [(8) An offence under this section shall be cognizable.] ---32--- 53. Power to stop unauthorised development.— (1) Where any development or change of use of land is being carried out in any manner specified in clauses (a) to (f) of sub-section (1) of section 51, but has not been completed, the Planning and Development Authority may serve on the owner and the person carrying out the development or change a notice requiring such development or change of use of land to be discontinued from the date of service of such notice. (2) Where a notice has been served under sub-section (1) the person aggrieved by such notice may appeal to the Board and the provisions of sub-sections (5) and (6) of section 52 shall apply with such modifications as may be necessary. (3) Any person, who continues to carry out the development of land, whether for himself or on behalf of the owner or any other person, even after a notice has been served under sub-section (1) shall be punishable with fine which may extend to 92[one lakh rupees] and when the non-compliance is a continuing one, with a further fine which may extend to five hundred rupees for every day after the date of the service of the notice during which the non-compliance has continued or continues. (4) If a notice under sub-section (1) is not complied with forthwith, the Planning and Development Authority or such officer of the Authority as may be authorised by it in this behalf may require any police officer to remove such person and all assistants and workmen from the land and such police officer shall comply with such requisition. (5) Where action had been taken by a police officer under sub-section (4), the Planning and Development Authority or the officer referred to in that sub-section shall take necessary steps to ensure that such development is not continued. (6) Any expenses incurred by the Planning and Development Authority under sub-section (4) and sub-section (5) shall be paid by the person at whose instance such development is being continued or to whom notice under sub-section (1) was given and shall be recoverable from such person as an arrear of land revenue. 93[(7) An offence under this section shall be cognizable.] 54. Power to require removal of authorised development or use.— (1) If it appears to a Planning and Development Authority that it is expedient in the interests of the proper planning of its area (including the interests of amenities) or having regard to the Development Plan prepared, or to be prepared and on any other material consideration (a) that any use of land should be discontinued; (b) that any conditions should be imposed on the continuance of use of any land; or (c) that any building or work should be altered or removed; it may, by notice served on the owner — (i) require the discontinuance of that use; or (ii) impose such conditions, as may be specified in the notice, on the continuance of the use of the land; or (iii) require such steps, as may be specified in the notice to be taken for the alteration or removal of any building or work, as the case may be, within such period, being not less than one month from the date of service of such notice, as may be specified therein. ---33--- (2) Any person aggrieved by such notice may appeal to the Board within such period and in such manner as may be prescribed. (3) If an appeal is filed under sub-section (2), the provisions of sub-sections (5) and (6) of section 52 shall apply, with such modifications as may be necessary. (4) If any person— (a) who has suffered damage in consequence of the compliance with the notice by the depreciation of any interest in the land to which he is entitled or by being disturbed in his enjoyment of the land, or (b) who has carried out any works in compliance with the notice, claims from the Planning and Development Authority, within such time and in such manner as may be prescribed, compensation in respect of that damage, or of any expenses reasonably incurred by him for complying with the notice, the provisions of sub-sections (3) and (4) of section 50 shall apply with such modifications as may be necessary. (5) (a) If any person interested in the land in respect of whim a notice is issued claims that by reason of with compliance the notice, the land will become incapable of reasonably beneficial use, he may within the period specified in the notice or within such period after the disposal of the appeal if any, filed under sub-section (2) and in the manner prescribed serve on the Government an acquisition notice requiring his interest in the land to be acquired. (b) When a notice is served under clause (a), the provisions of sub-sections (2) to (6) of section 47 shall apply with such modifications as may be necessary. 55. Interim provision pending preparation of Development Plan.— Where a Planning and Development Authority, in the exercise of its functions and powers with respect to any area under it, is required to have regard to the provisions of a Development Plan before such Development Plan has become operative, the Planning and Development Authority shall have regard to the provisions which in its opinion will be required to be included in such plan for securing the proper planning of the concerned area. CHAPTER VIII Town Planning Schemes 56. Making of town planning scheme and its scope.— (1) Subject to the provisions of this Act, a Planning and Development Authority may for the purpose of implementing the proposals contained in the Development Plan, make one or more town planning schemes for the area within its jurisdiction or any part thereof, and shall submit such schemes in draft to the Government along with a plan showing the area proposed to be included. (2) A town planning scheme may make provision for all or any of the following matters, namely:— (a) the laying out or re-laying out of land either vacant or already built upon; (b) the filling up, or reclamation of low-lying swamp or unhealthy areas or levelling up of land; ---34--- (c) the laying out of new streets or roads, construction, diversion, extension, alteration, improvement and closing of streets, roads and communications; (d) the construction, alteration and removal of buildings, bridges and other structures; (e) the allotment or reservation of land for roads, open spaces, gardens, recreational grounds, schools, markets, green belts and dairies, transport facilities and public purposes of all kinds; (f) drainage, inc