The Goa (Regulation of Land Development and Building Construction) Act, 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);
(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 development” 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.
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.
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.
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) 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 Architects 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 to time extend on request of the Sub-Committee. The Senior Town Planner shall be the
Member Secretary of the said 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.
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:
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).

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