Amendment status not verified — confirm the current text below against the official source.
Regulation of the erection of buildings.— 66[(1) Subject to such rules as may be prescribed, no person shall erect any building or alter or add to any existing building or reconstruct any building without the written permission of the Panchayat. The permission may be granted after an application for the purpose is made and on payment of such fees as prescribed.] 67[Provided further that a building which is reflected in the record of rights and the first promulgated survey plan prepared under the provisions of the Goa Land Revenue Code, 1968 (9 of 1969) shall be deemed to have been erected with due permission of the Panchayat.]. 68[(2) If a Panchayat does not, within a period of thirty days from the date of receipt of the application under subsection (1), determine whether such permission should be given or not and communicate its decision to the applicant, the Secretary shall forward the application to the Block Development Officer on expiry of such period of thirty days and the applicant may also file an appeal within a period of thirty days from the date of expiry of aforesaid period to the Block Development Officer. The Block Development Officer shall immediately upon receipt of such application from the Secretary or appeal from the applicant, whichever is earlier, proceed to determine whether such permission should be given or not. If the Block Development Officer fails to determine whether such permission should be given or not and communicate his decision to the applicant within a period of thirty days from the date of intimation by the Secretary or receipt of appeal, immediately upon expiration of such period of thirty days, such permission shall be deemed to have been granted to the applicant to execute the work strictly in accordance with the technical clearance and plans as approved by the Town and Country Planning Authorities and in conformity with conditions laid down by all other statutory authorities and not so as to contravene any of the provisions of this Act or any rules or bye-laws made under this Act or of any other law for the time being in force;] ---26--- 69[(2) If the Panchayat does not, within a period of fifteen days from the date of receipt of the application under sub-section (1), determine whether such permission should be given or not and communicate its decision to the applicant, after expiry of such period of fifteen days, such permission shall be deemed to have been granted to the applicant and the applicant shall be free to execute the work strictly in accordance with the technical clearance and plans as approved by Town and Country Planning Authorities and in conformity with conditions laid down by all other statutory authorities but not so as to contravene any of the provisions of this Act or any rules or bye-laws made under this Act or of any other law for the time being in force: Provided that the observations, if any, of the Panchayat in respect of the application under this section to be complied by the applicant shall be communicated by the Panchayat to the applicant compulsorily in one single communication and within a period of seven days from the date of receipt of such application. The period between the date of dispatch of such communication by the Panchayat and the date of compliance by the applicant shall not be considered for calculating such period of fifteen days specified for the purpose of determination of application by the Panchayat.] 70[(2A) Where the permission under sub-section (1) is deemed to have been granted under sub-section (2), before proceeding with execution of the work, the applicant shall give intimation notice in such form as prescribed, to the Panchayat, the Block Development Officer and the Town and Country Planning Authorities 71 [within a period of fifteen days from the date on which such permission is deemed to have been granted under sub-section (2)] and he shall also deposit with the Secretary the fees payable under sub-section (1). The Secretary shall be duty bound to accept such fees and issue proper receipt to the applicant and credit such fees to the Panchayat Fund. (2B) The applicant after complying with the provisions of sub-section (2A), shall be entitled to execute the work strictly in accordance with the technical clearance and plans approved by the Town and Country Planning Authorities and in conformity with conditions laid down by all other statutory authorities and the applicant shall follow the procedure as may be applicable for obtaining the completion certificate within the validity period. (2C) Subject to such rules as prescribed, no building erected, reerected or altered in pursuance of sub-section (1), (2) or (2B), shall be occupied in whole or part until an occupancy certificate is issued by the Panchayat after confirming that such building is in conformity with approved plans. (2D) The occupancy certificate shall be issued by Panchayat on payment of such occupancy fees as prescribed. (2E) If a Panchayat does not, within thirty days from the date of receipt of application for occupancy certificate, determine whether such occupancy certificate should be issued or not and communicate its decision to the applicant, such occupancy certificate shall be deemed to have been issued, if the applicant has obtained necessary completion certificate from the Town and Country Planning Authorities as per the provisions of the Goa (Regulation of Land Development and Building Construction) Act, 2008 (Goa Act 6 of 2008) and the Regulations framed thereunder. 72[(2E) If the Panchayat does not, within a period of fifteen days from the date of receipt of application for occupancy certificate, determine whether such occupancy certificate should be issued or not and communicate its decision to the applicant, after expiry of such period of fifteen days, such occupancy certificate shall be deemed to have ---27--- been issued if the applicant has obtained necessary completion certificate from the Town and Country Planning Authorities as per the provisions of the Goa (Regulation of Land Development and Building Construction) Act, 2008 (Goa Act 6 of 2008) and the Regulations framed thereunder: Provided that the observations, if any, of the Panchayat in respect of the application under this section to be complied by the applicant shall be communicated by the Panchayat to the applicant compulsorily in one single communication and within a period of seven days from the date of receipt of such application. The period between the date of dispatch of such communication by the Panchayat and the date of compliance by the applicant shall not be considered for calculating such period of fifteen days specified for the purpose of determination of application by the Panchayat.]”; (2F) Where the occupancy certificate is deemed to have been issued under sub-section (2E), before proceeding to occupy the premises, the applicant shall give intimation notice in such form as prescribed to the concerned Panchayat and the Block Development Officer 73[within a period of fifteen days from the date on which such occupancy certificate is deemed to have been issued under sub-section (2E)] and he shall also deposit with the Secretary the occupancy fees as payable under sub-section (2D). The Secretary shall be duty bound to accept the occupancy fees and issue a proper receipt to the applicant and credit such fees to the Panchayat Fund.] (3) Whenever any building is erected, added to or reconstructed without such permission or in any manner contrary to the rules prescribed under sub-section (1) or any conditions imposed by the permission granted, the Panchayat may,— (a) direct that the building, alteration or addition be stopped; or (b) by written notice require within a reasonable period to be specified therein, such building alteration or addition to be altered or demolished 74 [ ]. (4) In the event of non-compliance with terms of any notice under clause (b) of sub- section (3) within the period specified in the notice, it shall be lawful for the Panchayat to take such action as may be necessary for the completion of the act thereby required to be done, and all the expenses therein incurred by the Panchayat shall be paid by the person or persons upon whom the notice was served and shall be recoverable as if it were a tax imposed under this Act. 75[(5) Where the Panchayat fails to demolish the building which is erected, added to or reconstructed without the permission of the Panchayat, or in any manner contrary to the rules made under the Act or any conditions imposed in the permission, within a month from the date of the knowledge, the Deputy Director shall assume the powers of the Panchayat under sub-sections (3), (4) and (5) and take such steps as may be necessary for the demolition of such building. (6) Notwithstanding anything contained in the foregoing provisions, the Block Development Officer concerned may, by notice addressed to the person responsible, stop any construction which is being constructed in violation of the provisions of the Act or rules or bye-laws made thereunder and refer the case to the Deputy Director of Panchayat. On receipt of the notice, such person shall forthwith stop the same. (7) An appeal shall lie to the Director, within a period of thirty days from any order of direction or notice issued under any of the provisions of this section and the decision of the Director on such appeal shall be final. Explanation:— For the purpose of this section, failure to communicate the decision by the Panchayat under sub-section (2) and failure to demolish the building under sub- ---28--- sections (3) and (4) shall be deemed to be ‘remiss’ in the performance of duties by the Panchayat.]