No: 16/55/2015 - RD

circulars · 2016 · Goa

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Parent: The Goa Regularisation of Unauthorized Construction Act, 2016 (7f90c044af146f9983402496ae2b9e20cda6726e)

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No: 16/55/2015 - RD Government of Goa Revenue Department Secretariat, Porvorim - Goa 403 521 CIRCULAR Sub: -Guidelines & Procedure for submission of applications and hearing of applications under the Goa Regularisation of Unauthorised Construction Act, 2016 and matter incidental thereto . Honourable Governor of Goa was pleased to promulgate the Goa Regularisation of Unauthorized Construction Ordinance, 2016 on 24 th June 2016 which is published in the Official Gazette, Extraordinary, Series I no. 12 dated 24 th June 2016. The said Ordinance is replaced by the Goa Regularisation of Unauthorized Construction Act, 2016, published in Official Gazette, Extra Ordinary, Series I no. 24, dated 15 th September, 2016. In this regards the Government of Goa desires to clarify certain aspects for information of Authorised Officers in specific and the Public in general. These aspects are made known to all as follows: The Legislation is for genuine cases of unauthorised structures where the necessary permissions and clearances could not be obtained. The residential category is only for personal dwelling and not for the rooms given on rents. The commercial category or residential cum commercial category should not include the rooms or any structure given on rent. The mention about Form I & XIV in the schedule I of the Act is for ensuring genuine cases are considered. There is possibility that on acquiring occupancy right on purchase of land the applicant may get his name included in form I & XIV but may not have constructed the structure which could have now come up to get benefit under this Act. Form I & XIV is only to verify land details and should not be considered as substantial document for deciding the matter. A technical team comprising of officials from Town & Country Planning 

Rule TOC

10 · The nature of land as claimed by the applicant should be decided by Authorised officer only after getting the inspection report from the team.

11 · The authorised officer may entertain any complaint however the same should be heard and disposed off summarily by giving not more than two hearings.

12 · The ceiling limits should be strictly complied with and in any case the structure should not exceed the maximum limit mentioned in the Act. Further, certain guidelines are desired to be laid down for dealing with and processing of the application to be received by the Authorised Officers, which are as under: -

10 · The Technical Team should be headed by the Mamlatdar of the concerned Taluka within whose jurisdiction the said unauthorised construction exists. The team should conduct inspection as expeditiously as possible, but in any case within a period of eight days from the receipt of the application from Authorised Officer.

11 · The team should verify as to whether the said structure comes within any of the prohibited area. It should also verify the dimensions given by the applicant in the sketch to be correct, age of the building and in general whether the structure can be considered for regularisation based on parameters envisaged in the Goa Regularisation of Unauthorised construction Act, 2016.

12 · The team incharge should submit its report to the Authorised officer within 5 days from the date of inspection.

13 · The Authorised Officer shall thereafter hold a summary inquiry to hear the applicant and objections, if any.

14 · Thereafter the Authorised officer shall pass the necessary orders either for regularisation or rejecting the application for regularisation of the said unauthorised structure.

15 · In case of acceptance of the application the applicant will be directed to deposit the entire amount as calculated based on Schedule II of the Act, and pass an Order for regularisation of structure.

16 · On 1 st of every month the Authorised Officer shall reconcile the amount so received under this Act and transfer the amount which is received pertaining to House Tax, Occupancy Fees and Construction licence fees to concerned Village Panchayat on acknowledgement from the respective Village Panchayat.