Section 140 in The Goa, Daman and Diu Town and Country Planning Act, 1974
140. Power to make rules.
(1)The Government may, by notification, make rules to carry out the purposes of this Act.(2)In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-(a)the qualifications in town and country planning for appointment as [Chief Town Planner(Administration), Chief Town Planner(Land Use), and Chief Town Planner(Planning)] [Substituted by Act No. 17 of 2017, dated 9.9.2017];(b)the term of office of the members of the Board, the manner of filling casual vacancies among them and the allowances payable to such members for attending the meetings of the Board;(c)the procedure to be followed in regard to the transaction of business at the meetings of the Board;(d)the functions which may be performed by the Board and the Planning and Development Authority;(dd)[ form for making request under sub-section (1) of section 16B;] [Inserted by Goa Act No. 9 of 2018, dated 22.8.2018.](e)the term of office and conditions of service of the Chairman and the members of the Planning and Development Authority;(ea)[ the form and manner in which a Development Right Certificate is to be issued and manner in which the development right to be utilized under section 41A; [Inserted by Goa Act No. 9 of 2018, dated 22.8.2018.](eb)the manner in which land and amenity to be transferred by way of accommodation reservation under section 41B;(ec)the manner in which development right of a property can be withdrawn or severed and allotted to other area by way of transferable development right for posterity under section 41C;](f)the manner in which and the purposes for which a Planning and Development Authority may associate any person under section 24;(g)the control and restrictions subject to which officers and other staff of the Board, and of the Planning and Development Authority may be appointed;(h)the form in which land use map and land use register shall be prepared;(i)the form and contents of a Development Plan;(j)the time within which modifications, if any, may be directed to be made in any Development Plan under section 34;(k)the form in which any application for permission for development in respect of, or change of use of, land shall be made, the particulars to be contained therein and the documents and plans which shall accompany such application;(l)the manner of filing of appeals under this Act, the fees to be paid thereon and the procedure to be followed in such appeals;(m)the manner in which an acquisition notice may be served under this Act;(n)the time within which and the manner in which a claim for compensation may be made under section 48 and the procedure to be followed for assessment of compensation;(o)the matters which may be included in a town planning scheme;(p)the procedure to be followed in summarily evicting a person under section 80;(q)the manner in which a draft variation of a final scheme shall be published under sub-section (2) of section 81 and the particulars to be contained in such variation;(r)the exemption from the levy of Development Charges payable under this Act;(s)the rates of Development Charges and the manner in which an application for assessment of the Development Charge may be made;(t)the sum of money that may be kept in a current account by the Planning and Development Authority;(u)the form in which and the time within which the budget of a Planning and Development Authority shall be prepared and the number of copies that have to be sent to the Board and the Government;(v)the form of the annual statement of accounts and balance sheet of a Planning and Development Authority;(w)the manner in which and the conditions subject to which pension and provident funds shall be constituted by a Planning and Development Authority for the benefit of its officers and other employees;(x)the documents in respect of which certified copies may be granted and the fees payable therefor;(y)any other matter which has to be, or may be prescribed.(3)Any rule made under this section may provide that a contravention thereof shall be punishable with fine which may extend to five hundred rupees and in the case of a continuing contravention, with an additional fine which may extend to twenty-five rupees for every day during which such contravention continues after conviction for the first such contravention.(4)Every rule made under this section shall be laid as soon as may be after it is made, before the Legislative Assembly of the Union territory while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the Assembly makes any modification in the rule or the Assembly states that the rule should not be made, the rule shall thereafter 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 under that rule.
