The Goa Tax on Infrastructure Act, 2009

Goa · state statute
Open in Lexace · Ask the AI about this act
 
 
 -----1---- 
 
 
GOVERNMENT OF GOA 
Department of Law & Judiciary 
Legal Affairs Division 
 
 
Notification 
7/20/2009-LA 
 
The Goa Tax on Infrastructure Act, 2009 (Goa Act 20 of 2009) which has been passed 
by the Legislative Assembly of Goa on 06 -08-2009 and assented to by the Governor of 
Goa on 28-08-2009, is hereby published for general information of the public. 
 
Sharad G. Marathe, Joint Secretary (Law). 
Porvorim, 2nd September, 2009. 
 
The Goa Tax on Infrastructure Act, 2009 
(Goa Act 20 of 2009) [28-08-2009] 
AN 
ACT 
 
to consolidate and amend the law relating to levy and collection of tax on buildings for  
infrastructure in the State of Goa. 
BE it enacted by the Legislative Assembly of Goa in the Sixtieth Year of the Republic 
of India as follows:— 
1. Short title, extent and commencement.— (1) This Act may be called the Goa Tax 
on Infrastructure Act, 2009. 
(2) It shall extend to the whole of the State of Goa. 
(3) It shall come into force at once. 
2. Definitions.— In this Act, unless the context otherwise requires,— 
1[(a) “built up area” means all areas which are built upon and essentially forming part 
of the building/buildings and includes,— 
(i) floor area i.e. covered area of the building/buildings in all floor levels added 
together; 
(ii) balcony/verandah/passages/ /lobby; 
(iii) mezzanine floor; 
(iv) swimming pool whether covered or uncovered; 
(v) staircases including fire escape staircase, ramps (internal and/or external); 
(vi) lift area at one level; 
(vii) atrium/podium; 
 
 
 -----2---- 
 
 
(viii) terraces at intermediate floors; and 
(ix) equipment room, generator room, security room; but does not include areas of 
open terraces on the top most floor of the building/buildings, un -storeyed porch, septic 
tanks, soak pits, sewage treatment plants, man holes, drainage, gutters, chambers, wel ls, 
fountains, steps, water tanks, sumps, rain water harvesting tanks, structures for 
handling/sorting of waste having a height of not more than 2.5 meters and having opening 
on at least two sides, pump house admeasuring an area not exceeding six square me ters, 
swing frames, compounds and gates;] 
2(aa) “classification of land” means the classification assigned to land by zoning or 
use; 
(b) “commercial building” means a building or structure consisting of shop, godown 
or office premises, either on ground floor or any other floor, used wholly or partly for 
business activities; 
(c) “competent authority” means such authority or officer of the Government, as the 
Government may, by notification in the Official Gazette, specify; 
(d) 3[Omitted] 
(e) “Government” means the Government of Goa; 
(f) “industrial building” means any building or structure constructed for the purpose 
of carrying out medium and large scale industrial activities within or outside the areas 
earmarked and notified as  industrial estates/areas, but does not include building 
constructed for carrying out small scale industrial activity; 
(g) “infrastructure” means the provision of potable water, electricity and other 
amenities like roads, drains, foot paths, sewerage system, etc.; 
(h) “local authority” means a Municipal Council constituted under the Goa 
Municipalities Act, 1968 (Act No. 7 of 1969) or a Panchayat constituted under the Goa 
Panchayat Raj Act, 1994 (Act No. 14 of 1994) or a Municipal Corporation constituted 
under any l aw and includes the Goa Industrial Development Corporation constituted 
under the Goa Industrial Development Act, 1965 (22 of 1965); 
(i) “notification” means a notification published in the Official Gazette; 
4 [(ia) “other building” means a building or structur e other that residential building, 
commercial building, industrial building and other industrial building]; 
5[(ib) “other industrial building” means any building or structure constructed for the 
purpose of carrying out small scale industrial activity withi n or outside the  areas 
earmarked and notified as industrial estates/areas and includes building or structure 
constructed for carrying out the activity by ‘small scale industrial undertaking’ as 
defined in clause (j) of section 3 of the Industries (Development and Regulation) Act, 
1951 (Central Act 65 of 1951) and/or the notification/order issued thereunder or by 
‘micro enterprise’ or ‘small enterprise’ as defined in clauses (h) and (m) respectively, 
of section 2 of the Micro, Small and Medium Enter prises Development Act, 2006 
(Central Act 27 of 2006);] 
(j) “prescribed” means prescribed by the rules made under this Act; 
 
 
 -----3---- 
 
 
(k) “residential building” means any building or structure consisting either of a 
single self contained unit having built up area of more than 100 square meters or more 
than one independent unit used for domestic purpose but does not include building 
constructed for educational institution, orphanage, old age home, home for 
spastic/retarded children 6[or housing for locals under the Governme nt Scheme] or by 
any other non-profitable organization and such other organizations as may be notified 
by the Government in public interest; 
(l) “Schedule” means the Schedule appended to this Act. 
3. Tax on Infrastructure.— (1) On any construction to be undertake n by any person 
on any land specified in the Schedule hereto, there shall be levied and paid a tax on 
infrastructure at the rates specified in the said Schedule. 
7[(1A) On any construction to be undertaken by any corporation or undertaking 
constituted under the Central or State enactment, or any State Government, or local 
bodies on any land specified in the Schedule hereto, there shall be levied and paid a 
service charge on infrastructure at the rates specified in the said Schedule.] 
(2) The Government may, by notification in the Official Gazette, amend any entry in 
the Schedule and the Schedule shall be deemed to have been amended accordingly. 
(3) Every notification made under sub-section (2) shall be laid as soon as may be after 
it is made on the table of Legislat ive Assembly while it is in session for a total period of 
thirty days which may be comprised in one session or in two successive sessions, and if, 
before the expiry of the session in which it is so laid or the session immediately  
following, the Legislative Assembly agrees in making any modification in the notification 
or the Legislative Assembly agrees that the notification should not be made and notify 
such decision in the Official Gazette, the notification shall from the date of publication of 
such decision have effect only in such modified form or be of no effect, as the case may 
be, so however that any such modification or annulment shall be without prejudice to the 
validity of anything previously done or omitted to be done under that notification. 
(4) Where a licence for construction has already been issued to any person before the 
commencement of this Act, the infrastructure 8[tax or service charge] shall be levied and 
paid at the time of the renewal of the construction licence or before the issuance of the  
occupancy certificate/completion certificate, whichever is earlier, after carrying out 
assessment of 9[tax or service charge] through the Competent Authority under this Act. 
(5)  The 10[tax or service charge]  on infrastructure payable under sub -section (1), shall 
be assessed and collected by the Competent Authority at the time of approving the  
construction plan or at the time of issuing construction licence. 
11[(5) The tax or service charge on infrastructure payable under sub -section (1) shall  
be assessed and  collected by the Competent Authority in two installments, 50% at the 
time of issue of Technical Clearance/Development Permission and 50% at the time of 
issue of Completion Certificate/Order]. 
Explanation:— While assessing the said 12[tax or service charge] under this Act,— 
(a) where a building proposed to be constructed is in a land earmarked for 
commercial use/zone, the rate of 13[tax or service charge] applicable thereto shall be as 
 
 
 -----4---- 
 
 
applicable to commercial buildings irrespective of its use; 
(b) where a building proposed to be constructed is in a land earmarked for other use 
or in zone other than commercial zone, in any plan in force, such as residential or 
settlement zone, where commercial utilization of building is done partly on the ground 
floor or any other floor, the rate of 14[tax or service charge] applicable to commercial 
buildings shall be charged only to the floor area which is used for commercial purpose 
while for other area of the building which is used for residential purpose, the rate 
applicable to residential building shall be charged while assessing infrastructure 15[tax 
or service charge]. 
(6) 16[ The tax and service charge collected by the Competent Authority shall be 
credited into the Government Treasury and shall be utilized for works identified by the 
Government, such as, provision of water, power and development of other physical 
infrastructure.] 
(7) Any person aggrieved by an assessment made by the competent authority under 
sub-section (5) may, within thirty days of communication o f such assessment by the 
competent authority, prefer an appeal before the prescribed authority whose decision shall 
be final and binding on all parties. 
(8) An appeal under sub section (7) shall set out the grounds of appeal and shall be 
verified by the appellant. It shall accompany the order of the competent authority  and its 
enclosures if any. The appellant shall also pay a fee of Rupees one thousand in the form 
of Court fee. 
4. Act not in derogation of other laws. — The provisions of this Act shall be in 
addition to the laws governing the building activities, including The Goa Municipalities 
Act, 1968 (Act 7 of 1969), The Goa, Daman and Diu Town and Country Planning Act, 
1974 (Act 21 of 1975), The Goa Panchayat Raj Act, 1994 (Act 14 of 1994), The City of 
Panaji Corporation Act, 2002 (Act 1 of 2003) and The Goa (Regulation of Land 
Development and Building Construction) Act, 2008 (Act 6 of 2008). 
5. Local authority not to issue construction Licence. — (1) No local authority shall 
issue a construction licence to an y residential building or a commercial building or an 
17[industrial building or other building] unless a person applying for the construction 
licence has paid the infrastructure 18[tax or service charge] due under this Act, in respect 
of such building or structure. 
(2) No person shall start constructing a residential building or a commercial building or 
an 19[industrial building or other building] unless the 20[tax or service charge]  payable 
under this Act, in respect of such building or structure, has been paid. 
6. Local Authority not to issue Occupancy Certificate. — (1) No local authority 
shall issue Occupancy Certificate to any  residential building or commercial building or 
21[industrial building or other building ] for which the construction licence has be en 
issued before the coming into force of this Act, unless the person applying for it produces 
a certificate from the competent authority that the 22[tax or service charge] due under this 
Act has been paid in respect of such building or structure, as the case may be. 
(2) No person shall occupy any building or part thereof unless the 23[tax or service 
 
 
 -----5---- 
 
 
charge] payable under this Act in respect of such building or structure has been paid. 
7. Penalty.— 24[Whoever contravenes the provisions of this Act shall, on co nviction, 
be liable to pay a fine, twice the amount of tax or service charge payable under this Act]. 
8. Offences by Companies. — (1) Where an offence under this Act has been 
committed by a company, every person, who, at the time when the offence was 
committed, was in charge of, and was responsible to, the company for the conduct of 
business of the company, as well as the company, shall be deemed to be guilty of the 
offence and shall be liable to be proceeded against and punished accordingly: 
Provided that nothing contained in this sub -section shall render any such person liable 
to any punishment, if he proves that the offence was committed without his knowledge or 
that he had exercised all due diligence to prevent the commission of such an offence. 
(2) Notwithstanding anything contained in sub-section (1), where an offence under this 
Act has been committed by a company and it is proved that the offence has been 
committed with the consent or in connivance of, or is attributable to any neglect on the 
part of any Director, Manager, Secretary or other officer of the company, such Director, 
Manager, Secretary or other officer shall be deemed to be guilty of that offence and shall 
be liable to be proceeded against and punished accordingly. 
 
Explanation:— For the purpose of this section,— 
(a) “Company” means a body corporate and includes a firm or an association of 
individuals; and 
(b) “Director” in relation to a firm means a partner in the firm. 
9. Recovery or Refund of 25[tax or service charge] on Infrastructure.— (1) If any 
amount on account of tax on infrastructure is found to be due from any person, without 
prejudice to any other mode of recovery, the same may be recovered as arrears of land 
revenue under the provisions of the Goa Land Revenue Code, 1968 (Act No. 9 of 1969).  
(2) Any amount paid in excess of infrastructure 26[tax or service charge]  due to 
clerical error, typographical error or wrong assessment, the same shall be refunded to the 
concerned person/s on an application made by him to the competent authority, wit hin a 
period of one year from the date of payment of the 27[tax or service charge] . 
(3) In case of any revision in the plan, 28[resulting in any addition or deletion of 
building area, or in case of withdrawal of the building project,] , then the 29[tax or service 
charge] on infrastructure levied on such building area shall be recovered or refunded, as 
the case may be, to the concerned person on an application made to the competent 
authority under this Act. 
10. Power to remove difficulties. — (1) If any difficult y arises in giving effect to the 
provisions of this Act, the Government may, by order published in the Official Gazette, 
make such provisions not inconsistent with the provisions of this Act as appear to it to be 
necessary or expedient for removal of the difficulty: 
Provided that no such order shall be made after the expiration of two years from the 
commencement of this Act. 
 
 
 -----6---- 
 
 
(2) Every order made under this section shall, as soon as may be, after it is made, be 
laid before the Legislative Assembly. 
11. Repeal and Saving.— (1) The Goa Tax on Infrastructure Act, 1997 (Goa Act No. 
12 of 1997) is hereby repealed. 
(2) Notwithstanding such repeal, anything done or any action taken under the said Act 
shall be deemed to have been done or taken under this Act. 
 
 
 
 
 
 
 
 -----7---- 
 
 
SCHEDULE 
(See section 3) 
 
CLASSIFICATION 
OF LAND USE IN 
OUTLINE DEVE- 
LOPMENT PLAN 
(ODP)/ZONING 
PLANS 
CATEGORY OF BUILDING OR 
STRUCTURE BUILD ON THE LAND 
MENTIONED IN OUTLINE DEVELOPMENT 
PLAN (ODP)/ZONING PLANS AND AS 
SPECIFIED IN COLUMN (1) 
RATE OF TAX ON 
INFRASTRUCTURE 
PAYABLE PER 
SQUARE METER OF 
FLOOR AREA 
(1) (2) (3) 
Residential (1) Residential building or structure which 
admeasures 100 square metre or below 
Nil 
 (2) Residential building or structure which 
admeasures 101 square metre or above 
[Rs. 100/-]
Commercial (3) Commercial building or structure [Rs. 250/-]* 
Industrial (4) Industrial building or structure Rs. 100/- 
 
 
 
 
 
 
CLASSIFICATION OF LAND 
USE IN REGIONAL PLAN 
 
 
 
 
CATEGORY OF BUILDING 
OR STRUCTURE BUILD ON 
THE SAID LAND USE IN 
REGIONAL PLAN 
 
 
 
 
RATE OF TAX ON 
INFRASTRUCTURE 
PAYABLE PER 
SQUARE METER 
OF FLOOR AREA 
30[Infrastructu 
ral Projects/ 
facilities 
Infrastructural 
Projects such 
as Garbage 
Treatment 
facilities, 
Crematorium, 
Cemeteries, 
Public Toilets, 
Development 
of Garden. 
 4 5 6 
Settlement Residential (1) Residential building or 
structure which 
admeasures  100 square 
meter or less 
Nil Nil 
(2) Residential building or 
structure which 
admeasures  101 square 
metre or above 
[Rs. 100/-]* Nil 
 Commercial (3) Commercial building or 
structure 
[Rs. 250/-]* Nil 
Industrial (4) Industrial building or 
structure 
Rs. 100/- Nil] 
 
 
Secretariat, V. P. SHETYE, 
Porvorim–Goa. Secretary to the Government of Goa, 
Dated: 2-9-2009. Law Department (Legal Affairs). 
 
 Amended vide Notification No. 45/1/TCP-09/Pt file/3417 dated 18-9-2009 published in the Official Gazette, Series I 
No. 26 dated 24-9-2009. 
 
 
 -----8---- 
 
 
 
 
31[Schedule] 
 
Type  of area/  
land 
Rate of Infrastructure tax payable, per square meter of built up area 
(1) (2) (3) (4) (5) 
Residential building Commercial 
Building 
Industrial 
building 
Other Buildings other Industrial 
Building 
Buildings/struct
ures for small 
scale industrial 
activities 
including for 
the activity by 
the Small Scale 
industrial 
undertaking/ 
/micro 
enterprise/small 
enterprise. 
(A) (B)   (A) (B) (c) (D) (E) 
Residential 
building or 
structure 
having a 
built up area 
which 
admeasures 
100 sq. mts. 
or below 
Residential 
building or 
structure 
having a 
built up area 
which 
admeasures 
101 sq. mts. 
or above 
  Agriculture 
and allied 
structures 
Agro based 
industrial 
buildings/ 
/structures 
including 
agro- - 
tourism 
structures 
Recreational 
and 
entertainment 
structures, 
structures 
associated 
with dance 
floors, 
amusement 
parks, 
gokarting 
tracks 
Communic
ation 
structures 
such as 
towers and 
the like 
whose 
built up 
area 
cannot be 
quantified 
Buildings/ 
/structure
s not 
covered 
under (A) 
to (D) 
(1)Category 
A Coastal 
Panchayat 
areas  and five 
major towns, 
namely, 
Panaji, 
Mapusa, 
Ponda, 
Mormugao 
and Margao 
NIL 
32[Rs.350/- 
33 [Rs.1200/-] 
34 [Rs.350/-] 25% of the 
rate 
applicable to 
residential 
building 
50% of the 
rate 
applicable 
to industrial 
building 
50% of the 
rate applicable 
to commercial 
building 
Rs. 35[25,000] 
per structure 
36[Rs. 250/-
] 
25% of the 
rate 
applicable to 
industrial 
building. 
 (2)Category 
B Other 
Municipal 
towns, 
Census towns 
and Village 
Panchayats 
adjoining  or 
contiguous  to 
the major 
towns of 
Panaji, 
Mapusa, 
Ponda, 
Mormugao 
and Margao 
NIL 
37 [Rs.300/-] 
38 [Rs.900/-] 
39 [Rs.300/-] 25% of the 
rate 
applicable to 
residential 
building 
50% of the 
rate 
applicable 
to industrial 
building 
50% of the 
rate applicable 
to commercial 
building 
Rs. 
40[15,000/- ] 
per structure 
41[Rs. 250/-] 25% of the 
rate 
applicable to 
industrial 
building. 
(3) Category  
C Other 
Village 
Panchayat 
areas 
NIL 
42 [Rs.250/-] 
43 [Rs.600/-] 
44 [Rs.250/-] 25% of the 
rate 
applicable to 
residential 
building 
50% of the 
rate 
applicable 
to industrial 
building 
50% of the 
rate applicable 
to commercial 
building 
Rs. 
45[10,000/- ] 
per structure 
46[Rs. 250/-] 25% of the 
rate 
applicable to 
industrial 
building. 
(4)Service 
charge for 
buildings 
constructed  
by any 
corporation  
or 
undertaking 
constituted 
NIL 75% of the 
rate specified 
in respective 
category 
above 
75% of the 
rate specified 
in respective 
category 
above 
75% of the 
rate 
specified in 
respective 
category 
above 
75% of the 
rate 
specified in 
respective 
category 
above 
75% of the 
rate 
specified in 
respective 
category 
above 
75% of the 
rate specified 
in respective 
category 
above 
75% of the 
rate 
specified in 
respective 
category 
above 
75% of 
the rate 
applicabl
e to 
residentia
l 
building 
in 
respective 
75% of the 
rate specified 
in respective 
category 
above. 
 
 
 -----9---- 
 
under the 
Central or 
State 
enactment, or 
any State 
Government,  
or local 
bodies, in 
land/area 
specified 
above 
category 
above. 
          
 
 
 
 
 
 
 
 
 _________________ 
 
 
 
 
1. Inserted after renumbering of existing clause (a) as (aa) vide Amendment Act 6 of 2013 
2. Renumbered vide Amendment Act 6 of 2013 
3. Omitted vide Amendment Act 6 of 2013 
4. Inserted vide Amendment Act 6 of 2013 , thereafter substituted vide Amendment Act 25 of 2013 
5. Inserted vide Amendment Act 25 of 2013 
6. Inserted vide Amendment Act, 4 of 2018 
7. Inserted vide Amendment Act 6 of 2013. 
8. Substituted vide Amendment Act 6 of 2013 
9. Substituted vide Amendment Act 6 of 2013 
10. Substituted vide Amendment Act 6 of 2013 
11. Sub-section (5) substituted vide Amendment Act 26 of 2025 
12. Substituted vide Amendment Act 6 of 2013 
13. Substituted vide Amendment Act 6 of 2013 
14. Substituted vide Amendment Act 6 of 2013 
15. Substituted vide Amendment Act 6 of 2013 
16. Substituted vide Amendment Act 6 of 2013. 
17. Substituted vide Amendment Act 6 of 2013 
18. Substituted vide Amendment Act 6 of 2013 
19. Substituted vide Amendment Act 6 of 2013 
20. Substituted vide Amendment Act 6 of 2013 
21. Substituted vide Amendment Act 6 of 2013 
22. Substituted vide Amendment Act 6 of 2013 
23. Substituted vide Amendment Act 6 of 2013 
 
 
 -----10---- 
 
24. Section 7 substituted vide Amendment Act 20 of 2022. Original section read as follows: whoever 
contravenes the provisions of this Act shall, on conviction, be liable to imprisonment for a term not 
exceeding one year and/or liable to pay  a fine, twice the amount of tax or service charge  payable 
under this Act. 
25. Substituted vide Amendment Act 6 of 2013 
26. Substituted vide Amendment Act 6 of 2013 
27. Substituted vide Amendment Act 6 of 2013 
28. Substituted in place of Expression “resulting in any addition or deletion of building area” by the Amendment Act 20 of 
2022. 
29. Substituted vide Amendment Act 6 of 2013 
30. Inserted vide Amendment Act 11 of 2016. 
31. Substituted vide Amendment Act 6 of 2013 and thereafter column (5) inserted vide Amendment Act 25 of 2013. 
32. Substituted vide Notification dated 31-3-2023. 
33. Substituted vide Notification dated 31-3-2023. 
34. Substituted vide Notification dated 31-3-2023. 
35. Substituted vide Notification dated 20-9-2021. 
36. Substituted vide Notification dated 31-3-2023. 
37. Substituted vide Notification dated 31-3-2023. 
38. Substituted vide Notification dated 31-3-2023. 
39. Substituted vide Notification dated 31-3-2023. 
40. Substituted vide Notification dated 20-9-2021 
41. Substituted vide Notification dated 31-3-2023. 
42. Substituted vide Notification dated 31-3-2023. 
43. Substituted vide Notification dated 31-3-2023. 
44. Substituted vide Notification dated 20-9-2021 
45. Substituted vide Notification dated 20-9-2021 
46. Substituted vide Notification dated 31-3-2023 
 
 
 
 

‹ Prev All Goa acts Next ›


Lexace India is a legal-information & technology platform — not a law firm. It does not advertise, solicit work, or provide legal advice, and no advocate–client relationship is created. Bare-act text for general information; verify against the official source.