LexThe Goa (Regulation of Land Development and Building Construction) Act, 2008
Goa · state statute
Open in Lexace · Ask the AI about this act---1--- GOVERNMENT OF GOA Department of Law & Judiciary Legal Affairs Division Notification 7/9/2008-LA The Goa (Regulation of Land Development and Building Construction) Act, 2008 (Goa Act 6 of 2008), which has been passed by the Legislative Assembly of Goa on 26-3- 2008 and assented to by the Governor of Goa on 5 -5-2008, is hereby published for general information of the public. Sharad G. Marathe, Joint Secretary (Law). Porvorim, 7th May, 2008. The Goa (Regulation of Land Development and Building Construction) Act, 2008 (Goa Act 6 of 2008) [5-5-2008] AN ACT to provide for the regulation and control on building construction and land development in the State of Goa and other incidental and ancillary matters connected therewith. Be it enacted by the Legislative Assembly of the State of Goa in the Fifty-ninth Year of the Republic of India as follows:— 1. Short title, extent and commencement.— (1) This Act may be called the Goa (Regulation of Land Development and Building Construction) Act, 2008. (2) It shall extend to the whole of the State of Goa. (3) It shall be deemed to have come into force with effect from the 2nd day of September, 2007. 2. Definitions.— In this Act, unless the context otherwise requires,— (a) “building construction” shall have the same meaning assigned to:— (i) “building operations” in clause (5) of section 2 of the Goa Town and Country Planning Act, 1974 (Act 21 of 1975); (ii) “building” in clause (2) of section 2 of the Goa Panchayat Raj Act, 1994 (Act 14 of 1994); (iii) “to construct a building” in sub-section (1) of section 184 of Goa Municipalities Act, 1968 (Act 7 of 1969); ---2--- (iv) “building” in clause (8) of section 5 of the City of Panaji Corporation Act, 2002 (Act 1 of 2003); (b) “Corporation” means the Corporation of the City of Panaji incorporated under section 7 of the City of Panaji Corporation Act, 2002 (Act 1of 2003) or any other Corporation established under the provisions of any Law enacted by the Legislative Assembly of Goa; (c) “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; (d) “Government” means the Government of Goa; (e) “land devel opment” with it’s grammatical variations and cognate expressions, means the carrying out of building, engineering, change on the face of land, mining, quarrying or other operations in or on or over or under the land, 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 or amalgamation of land; (f) “Municipal Council” means a Municipal Council established under section 8 of the Goa Municipalities Act, 1968 (Act 7 of 1969); (g) “notification” means a notification published in the Official Gazette; (h) “Official Gazette” means the Official Gazette of the Government; (i) “Panchayat” means a Panchayat notified by the Government under sub -section (2) of section 3 of the Goa Panchayat Raj Act, 1994 (Act 14 of 1994); (j) “Planning and Development Authority” means Planning and Development Authority constituted under section 20 of the Goa Town and Country Planning Act, 1974 (Act 21 of 1975); (k) “prescribed” means prescribed by rules made under this Act; (l) “regulations” means the regulations framed under this Act; (m) “State” means the State of Goa. 3. Land development and building construction. — (1) All land development and building construction in the State shall, subject to the provisions of section 9, be in accordance with the provisions of this Act and the rules and regulations made under the provisions of this Act. (2) Any law in force in the State governing land development and building construction, in so far as it is inconsistent with the provisions of this Act or the rules and regulations made under the provisions of this Act, shall stand repealed. Explanation.— In this section, unless the context otherwise requires, “law” includes any Ordinance, Orders, bye-laws, rules, regulations or notifications. ---3--- 4. Power to make regulations and rules. — (1) The Government may, by notification in the Official Gazette, frame regulations not inconsistent with the provisions of this Act, for carrying out the provisions of this Act by following the procedure specified in sections 5, 6 and 7. (2) In particular and without prejudice to the generality of the foregoing powers, the Government shall make regulations providing for:— (a) zoning of the land and it’s use; (b) general requirements for land development; (c) group housing; (d) sub-division of land including amalgamation of plots; (e) preservation and conservation; (f) procedure for seeking development permission from Corporation, Municipal Council, Panchayat and Planning and Development Authority; (g) any other aspect relating to planning and development. (3) The Government may by notification in the Official Gazette, frame rules for carrying out the provisions of this Act. (4) Every regulation and rules made under this section shall be laid as soon as may be after it is made, before the Legislative Assembly of Goa. 1[Section-5 of the Act substituted vide Amendment Act 12 of 2022 as follows:- 5. Public notice of the regulation. — (1) The power to make regulations under section 4 shall be subject to the condition of publication in the Official Gazette and in at least three local newspapers having wide circulation. (2) The Steering Committee may suggest previous publication of such regulations as decided by it in the Official Gazette and in the newspapers as stated in sub-section (1) for inviting objections and suggestions from the public for a period of thirty days]. 6. Steering Committee. — (1) The Government may, by notification in the Official Gazette, appoint a “Steering Committee” consisting of the Chief Minister, Government of Goa, as it’s Chairman, the Minister for Urban Development, Minister for Panchayats, Minister for Town and Country Planning, Chief Secretary, Secretary to the Government of Goa in charge of Urban Development, Secretary to the Government of Goa in charge of Panchayats and Secretary to the Government of Goa in charge of Town and Country Planning, as it’s members. The Chief Town Planner of the Town and Country Planning Department shall be it’s Member Secretary. The Government may co -opt an expert having vast knowledge in the field of town planning on the said Committee. 2[(2) The Steering Committee shall appoint a Sub -Committee consisting of the Director of Municipal Administration, Director of Panchayats, the Chairman or member of the Goa Chamber of Commerce and In dustry, the Chairman or member of the Confederation of Real Estate Developers Association of India, a representative each of registered local Chapter/Associations of Town Planners, Engineers and Architects to consider proposals referred to it by the Steeri ng Committee or objections and suggestions received from the public under sub - ---4--- section (2) of section 5 and to submit a report within a period of two months from the date of it’s appointment to the Steering Committee or within such further period as the Steering Committee may from time to time extend on request of the Sub Committee. The Senior Town Planner shall be the Member -Secretary of the such Sub Committee” (3) The Steering Committee and the Sub -Committee shall meet at such intervals and transact such business as may be prescribed. (4) The Steering Committee shall, after considering the report of the Sub -Committee, submit it’s report together with recommendations to the Government within a period of thirty days from the date of receipt of the report of the Sub-Committee. 7. Regulations.— The Government shall, after receiving the report and recommendations of the Steering Committee, and after making such modifications as the Government considers necessary, direct the Chief Town Planner to notify the regulations. 8. Notification and effect. — On and from the date of the coming into force of the regulations framed under section 7, any land development and building construction in the State shall be in accordance with the provisions of such regulations. 3[Provided that where the Government is of the opinion that it is necessary or expedient so to do, it may, by order, for reasons to be recorded in writing, relax any provision of such regulations to the extent as may be prescribed for the purpose of implementation of Gove rnment policies including land development for inclusive housing and affordable housing] 9. Interim provision, pending finalization of regulations. — (1) All applications for land development permission or construction licenses for building submitted, before the date of commencement of regulations framed under section 7, shall be considered as per the law applicable before the commencement of this Act. (2) (a) In respect of areas, which are not declared as planning areas under section 18 of the Goa Town and Country Planning Act, 1974 (Act 21 of 1975), no objection certificate shall be necessary to be obtained from the Town and Country Planning Department from planning point of view. (b) Any application for land development or construction of building received by the Panchayat/Municipal Council/Municipal Corporation shall be forwarded by the concerned authority to the respective district level/taluka level office of the Town and Country Planning Department for obtaining no objection certificate from planning point of view. (3) The Town and Country Planning Department shall consider the applications for issuing of No Objection Certificate if it is satisfied after such scrutiny of plan and/or site inspection, deemed to be necessary, that the proposed land development and/ or construction of building is in conformity with:— (a) Regional Plan for the State in force and the Outline Development Plans/Zoning Plans in force prior to 16th May, 2007. (b) Planning and Development Authority (Development Plan) Regulations, 2000, published in the Official Gazette, Extraordinary No. 3, Series I No. 22, dated 28th August, 2003, with exception of regulations governing farm houses: ---5--- Provided that — (a) no land development shall be permitted in any areas having gradient of more than 25%; (b) farm houses shall be permitted only in plots with minimum area of 4,000 square meters and coverage 2.5 % and F.A.R. 5 and height 5.5 meters, following the guidelines issued by the Town and Country Planning Department; (c) the F.A.R in the areas regulated as per Surface Utilization Plans of Regional Plan shall be 80. 10. Saving provision. — (1) Any land development permission/construction licence for building, etc., issued under the relevant laws applicable before the commencement of this Act, shall remain valid for all purposes including renewals. (2) Notwithstanding anything contained in sub -section (1), such development permission and/or construction licence for building shall not get immunity if such development permission or construction license is otherwise in accordance with this Act and rules and regulations framed thereunder. 11. Repeal and Saving. — (1) The Goa (Regulation of Land Development and Building Construction) Second Ordinance, 2008 (Ordinance No. 2 of 2008) is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance, shall be deemed to have been done or taken under this Act. Secretariat, K. S. SINGH, Porvorim-Goa. Secretary to the Government of Goa, Dated: 7-5-2008. Law Department (Legal Affairs). ______________ ____________________________________________________________________________________ 1. Section-5 of the Act substituted vide Amendment Act 12 of 2022 original section read as follows:- 5. Public notice of the regulation.— The power to make regulations under section 4 shall be subject to the condition of previous publication and such publication shall be made in the Official Gazette and in at least three local newspapers having wide circulation inviting objections and suggestions from the public for a period of thirty days.] 2. Sub-section (2) of Section 6 substituted vide Amendment Act 12 of 2022. Original sub -section read as follows:- (2) The Steering Committee shall appoint a Sub-Committee consisting of the Director of Municipal Administration, Director of Panchayats, the Chairman or member of the Goa Chamber of Commerce and Industry, the Chairman or member of the Goa Chamber of Housing Industry, a representative each of registered local Chapter/Associations of Town Planners, Engineers and Arc hitects to consider objections and suggestions received from the public and to submit a report within a period of two months from the date of it’s appointment to the Steering Committee or within such further period as the Steering Committee may from time t o time extend on request of the Sub -Committee. The Senior Town Planner shall be the Member Secretary of the said Sub-Committee.] 3. Proviso inserted vide Amendment Act 5 of 2023.