The Goa, Daman and Diu Registration of Tourist Trade Act, 1982

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The Goa, Daman and Diu Registration of Tourist Trade Act, 1982

Act 10 of 1982

Keyword(s):
Boat, Certificate, Dealer, Hotel, Malpractice, Notified Article, Tourist, Travel
Agent, Travel Arrangements

Amendments appended: 10 of 1988, 7 of 2011



GOVERNMENT OF GOA, DAMAN AND DIU 

Law Department (Legal Advice) 

Notification 

LD/5/17/82 (D) 

The following Act which was passed by the Legislative Assembly of Goa, Daman and Diu on 
the 28th day of July, 1982 and assented to by the Administrator on the 14th November, 1982 is 
hereby published for the general information of the public. 
 

B. S. Subbanna, Under Secretary (Drafting). Panaji, 23rd November, 1982. 

 
The Goa, Daman and Diu Registration of Tourist Trade 

Act, 1982 

 
(Act No. 10 of 1982) 

AN 

ACT 

 

to provide for the registration of persons dealing with tourists and for 
matters connected therewith. 

 
 

Be it enacted by the Legislative Assembly of Goa, Daman and Diu in 
the Thirty-third Year of the Republic of India as follows: 
 

CHAPTER I  

Preliminary 

1. Short title, extent and commencement.-  
(1) This Act may be called the Goa, Daman and Diu Registration of 
Tourist Trade Act, 1982. 

(2) It shall extend to the whole of the Union territory of Goa, Daman 
and Diu. 



(3) It shall come into force *on such date as the Government may, by 
notification in the Official Gazette appoint. 

2. Definitions.- In this Act, unless the context otherwise requires, 

(a) 'boat' includes a house-boat, motor-boat, motor launch, pedal 
boat, sailing boat and canoe; 

(b) 'certificate' means a certificate of registration issued under any of 
the provisions of this Act; 

1"(c) 'dealer' means a person carrying on in a 
   tourist area the business of selling any notified articles, whether 

wholesale or retail, and whose stocks/turnover of the said notified 
articles exceeds 50% of their total stocks/turnover, and includes his 
agent or employee transacting business on his behalf." 

 

(d) 'Government' means the Government of Goa, Daman and Diu; 
 

(e) 'hotel' includes any premises or part of premises including a 
house-boat, restaurant, bar or a tent where lodging with or without 
board or any kind of eatables or beverages is provided for a monetary 
consideration; 

 
(f) 'hotel-keeper' includes any person who owns or operates a hotel as 

proprietor and includes a person managing or operating the 
affairs of a hotel for and on behalf of the proprietor; 

 
(g) 'malpractice' includes cheating, touting, impersonation, 

obstruction in allowing free choice for shopping or stay or travel 
management, charging a price higher than that displayed on the label 
or remuneration higher than that fixed under this Act, failure to 
display price label on the articles, failure to give cash memos and wilful 
failure to execute an order within the stipulated time and according to 
the terms agreed. 

Explanation 1.- For the purposes of this clause, labelled price (the price 
displayed on the label on the article) shall be the reasonable price as 
may be fixed by the prescribed authority. 

 
*See Notification on page 22. 

1Clause (c) substituted by (Amendment) Act, 1988 (Act 10 of 1988) (O. G. Series I No. 8 dated 
27-5-1988). The original clause reads as follows: 

"(c) 'dealer' means a person carrying on in a tourist area the business of selling any notified 
article, whether wholesale or retail, and includes  his agent or employee transacting business 

on his behalf." 

 



Explanation 2. The expression 'touting' means coercing for shopping, 
accommodation, transportation, sight seeing or pestering for any 
particular premises, person, establishment, manufacturer or any other 
service connected with tourism with consideration of personal benefit; 
 

*(h) 'notified article' means any article notified by the Government in 
the Official Gazette for the purposes of this Act; 
 

(i) 'prescribed' means prescribed by rules made under this Act; 
 

*(j) 'prescribed authority' means the authority notified as such by the 
Government, provided that different authorities may be notified for 
different provisions of this Act; 
 

*(k) 'tourist area' means any area notified by the Government in the 
Official Gazette to be a tourist area for the purposes of this Act; 
 

(1) 'tourist' means a person or group of persons, including pilgrims, 
visiting the Union territory of Goa, Daman and Diu from any part of India 
or outside India; 

(m) 'travel agent' means a person engaged in the business of making 
travel, camping, tour operating or other travel arrangements for tourists 
for a monetary consideration and includes a tourist guide, excursion 
agent, tent and camping agent or tour operator; 

(n) 'travel arrangements' include - 
(a) arrangements for transportation, sight seeing; 

(b) arrangements for lodging with or without food; and 

(c) rendering other services, such as assistance for game, sports or 
receipt or despatch of personal belongings of a tourist. 

 
*See Notifications dated 8-7-1985 on pages 52 and 53. 



CHAPTER II 

Registration of Dealers 

3. Registration. - (1) Every person intending to carry on business of a 

dealer under this Act shall, before he commences such business, apply 

for registration to the prescribed authority in the prescribed manner: 

 
Provided that nothing in this sub-section shall apply to the sale of 

notified articles in fairs and temporary markets organised during 
festivals. 
 

(2) Notwithstanding anything contained in sub-section (1), any person 
already carrying on business of selling any notified article in a tourist 
area on the date such article is notified under clause (h) of section 2 shall 
apply for registration under this Act within three months from the 
aforesaid date. 

(3) Every application made under sub-section (1) shall be disposed off 
within a period of three months from the date of receipt of the application 
failing which the application shall be deemed to have been accepted for 
registration. 

4. Certificate of Registration.- The prescribed  authority shall, unless registration 

is refused under section 5, direct that the name and the particulars of the dealer be 

entered in the register maintained for the purpose and shall issue a certificate to the 

dealer in the prescribed form within a period of three months from the date of the 

receipt of the application. 

5. Refusal to register.- (1) The prescribed authority may refuse  to register 
a dealer under this Act on any of the following grounds, namely:- 

 
(a) if he is convicted of any offence under Chapters         
      XIV and XVI of the Indian Penal Code, 1860               
      under any of the provisions of this Act  
      or of any offence punishable under any law                     
      providing for the prevention of hoarding,                              
      smuggling or profiteering or adulteration of food  
      and drugs or corruption and two years have not  
      elapsed since the termination of the sentence 
      imposed upon him; 

 

Central Act 
45 of 1860. 



(b) if he has been declared insolvent by a Court of competent 
jurisdiction and has not been discharged; 

 
(c) if his name has been removed from the register under clause (c) 

clause (d) of section 6 and three months have not elapsed since the date 
of removal; 

 
(d) if in the opinion of the prescribed authority there is sufficient 

ground to be recorded in writing, for refusing registration. 
 

(2) No application for registration shall be refused unless the person 
applying for registration has been afforded a reasonable opportunity of 
being heard. 
 

6. Removal of the name from the Register.- (1) The prescribed authority may 
after affording a reasonable opportunity of being heard, by an order in 
writing, remove the name of a dealer from the register and cancel his 
certificate on any of the following grounds, namely: 
 

   (a)if he ceases to be a dealer; 

(b) if he is convicted of any offence under Chapter 
 XIV and XVI of the Indian Penal Code, 1860 or  
under any of the provisions of this Act or of any  
offence punishable under any law providing for the  
prevention of hoarding, smuggling or profiteering  

    or adulteration of food or drugs or corruption; 
 

(c) if he is declared an insolvent by a Court of competent jurisdiction 
and has not been discharged; 

 
(d) if any complaint of malpractice is received and proved against 

him. 
 

(2) Any dealer whose name is removed from the register under sub-
section (1) shall forthwith cease to be a dealer. 

CHAPTER III 

Registration of Hotels 

7. Registration.- (1) Every person intending to operate a hotel in a tourist 
area shall, before operating it, apply for registration to the prescribed 
authority in the prescribed manner. 
 

(2) Notwithstanding anything contained in sub-section (1), any person 
already operating a hotel in a tourist area on the date of notification 

Central Act 

45 of 1860 



under clause (k) of section 2, shall apply for registration within three 
months from the aforesaid date. 

(3) Every application made under sub-section (1) shall be disposed off 
within a period of three months from the date of receipt of the application 
failing which the application shall be deemed to have been accepted for 
registration. 
 

8. Certificate of registration. - The prescribed authority shall, unless 
registration is refused under section 9, direct that the name and the 
particulars of the hotel and the hotel-keeper be entered in the register 
maintained for the purpose and shall issue a certificate to the hotel-
keeper in the prescribed form. 

9. Refusal to register a hotel.- ( 1 )  The prescribed authority may refuse to 
register a hotel under this Act on any of the following grounds, namely:- 

 
(a) if the hotel-keeper is convicted of any offence under  

       Chapters XIV and XVI of the Indian Penal Code, 1860 or  

       under any of the provisions  of this Act or of any 

       offence punishable under any law providing for the  

       prevention of hoarding, smuggling or profiteering or  

       adulteration of food or drugs or corruption and two years 

       have not elapsed since the termination of the sentence  

       imposed upon him; 

(b) if the hotel-keeper has been declared an insolvent by a Court of 
competent jurisdiction and has not been discharged; 

(c) if the name of the hotel-keeper has been removed from the register 
under clause (c) or clause (d) of section 10 and three months have not 
elapsed since the date of removal; 
  (d) if the hotel-keeper does not hold a licence or certificate required to 
be held by him under any law for the time being in force; 

(e) if in the opinion of the prescribed authority there is sufficient 
ground, to be recorded in writing, for refusing registration. 

(2) No application for registration shall be refused unless the person 
applying for registration has been afforded a reasonable opportunity of 
being heard. 

10. Removal of the name from the Register.(1) The prescribed authority 
may, after giving an opportunity of being heard by an order in writing, 
remove the name  of a hotel from the register and cancel its certificate on 
any of the following grounds, namely: 

Central Act 
45 of  1860 



(a) if the hotel-keeper ceases to operate the hotel in the tourist area 
for which it is registered; 

(b) if the hotel-keeper is convicted of any offence under  

Chapters XIV and XVI of the Indian Penal Code, 1860  

or under any of the provisions of this Act or of any  

offence punishable under any law providing for the  

prevention of hoarding, smuggling or profiteering or  

adulteration of food or drugs or corruption; 

 
(c) if the hotel-keeper is declared an insolvent by a Court of 

competent jurisdiction and has not been discharged; 

(d) if any complaint of malpractice is received and proved against a 
hotel-keeper. 

(2) Any hotel the name of which is removed from the register under 
sub-section (1) shall forthwith cease to operate. 

11. Classification of hotels and fixation of rates.- The prescribed 
authority may after following the procedure as may be prescribed and 
after giving an opportunity of being heard to the hotel-keeper, by 
notification in the Official Gazette, classify the hotels and award a grade 
to each hotel and also fix the reasonable maximum rate and the service 
charges, if any, commensurate with the standard of the hotel and the 
quality of food, accommodation and service, which may be charged by 
the hotel-keeper for board or lodge or for both from the person staying 
therein or from other customers: 
 

Provided that nothing in this section shall apply to the hotels which 
are classified or graded by the Government of India or any board or 
authority under the Government of India or by or under an Act of 
Parliament. 
 

12. Hotel-keeper to display information - Every hotel-keeper shall cause 
to be displayed at some conspicuous place of the hotel, such information 
as may be prescribed. 
 

13. Hotel-keeper to present detailed bill.- Every hotel-keeper shall 
render detailed bills to the persons residing in the hotel and other 
customers and shall give receipts in acknowledgment of all payments. 

 

 

Central Act 

45 of 1860. 



CHAPTER IV 
Travel Agents 

 
14. Registration.- (1) No person shall carry on the business of a travel 

agent unless he is registered in accordance with the provisions of this 
Act. 

(2) Every person intending to act as a travel agent shall, before he 
commences to act as such, apply for registration to the prescribed 
authority in the prescribed manner. 
 

(3) Notwithstanding anything contained in sub section (2), any person 
already engaged in the business as a travel agent, shall apply for 
registration within three months from the date of commencement of this 
Act. 
 

(4) Every application made under sub-section (2) shall be disposed off 
within a period of three months from the date of receipt of the 
application failing which the application shall be deemed to have been 
accepted for registration. 
 

15. Certificate.- The prescribed authority shall, unless registration is 
refused under section 16, direct that the name and particulars of the 
travel agent be entered in the register maintained for the purpose and 
issue a certificate to the travel agent in the prescribed form. 
 

16. Refusal to register.- (1) The prescribed authority may refuse to register 
a travel agent under this Act on any of the following grounds, namely: 
 

(a)  if he does not possess any of the prescribed qualifications; 
 

(b) if he has been convicted of any offence under  
Chapters XIV and XVI of the Indian Penal Code,  
1860 or under any of the provisions of this Act  
or of any offence punishable under any law  
providing for the 
prevention of hoarding, smuggling or profiteering or 
adulteration of food or drugs or corruption and two years have 
not elapsed since the termination of the sentence imposed 
upon him; 

 
(c) if he has been declared an insolvent by a Court of competent 

jurisdiction and  has not been discharged; 
 

Central Act 

45 of 1860. 



(d) if his name has been removed from the register under clause (c) 
or clause (d) of section 17 and three months have not elapsed from 
the date of removal; 

 
(e) if in the opinion of the prescribed authority there is sufficient 

ground, to be recorded in writing, for refusing registration. 
 

(2) No application for registration shall be refused unless the person 
applying for registration has been afforded a reasonable opportunity of 
being heard. 
 

17. Removal of the name from the register.- (1) The prescribed authority 
may, after giving an opportunity of being heard, by an order in writing, 
remove the name of a travel agent, from the register and cancel his 
certificate on any of the following grounds namely: 
 

(a) if he ceases to act as a travel agent; 
 

(b) if he is convicted of any offence under Chapters  
XIV and XVI of the Indian Penal Code, 1860 or  
Under  any of the provisions of this Act or of any offence punishable 
under any law providing for the prevention of hoarding, smuggling or 
profiteering or adulteration of food or drugs or corruption; 

 
(c) if he is declared an insolvent by a Court of competent jurisdiction 

and has not been discharged; 
 

(d) if any complaint of malpractice is received and proved against 
him. 

 
(2) Any travel agent whose name is removed from the register under 

sub-section (1) shall forthwith cease to be a travel agent. 
 

18. Fixation of rates.- The prescribed authority may, by a notification in 
the Official Gazette, fix the reasonable maximum rates which may be 
charged by a travel agent for the service rendered by him to a person 
engaging him as such. 
 

19. Travel agent not to demand tip, etc.- No travel agent shall demand 
any tip, gratuity, presents or commission other than that permissible 
under this Act from any persons engaging him or from any dealer selling 
notified article to any person or from any hotel-keeper in whose hotel 
such person resides or intends to reside. 
 

 

Central Act 

45 of 1860. 



CHAPTER V 

 
Appeal and Revision 

*20 . Appeal.- (1) Subject to the provisions of sub-section (2), an appeal 
shall lie from every order of the prescribed authority under this Act to the 
appellate authority to be appointed by the Government. 

 
(2) Every such appeal shall be preferred within ninety days from the 

date of communication of the order: 
 

Provided that the appellate authority may entertain the appeal after 
the expiry of the said period of ninety days if it. is satisfied that the 
appellant was prevented by sufficient cause from preferring the appeal in 
time. 
 

(3) The appellant shall have a right to be represented by a counsel or by 
a duly authorised agent and the prescribed authority may be represented 
by such officer or person as the prescribed authority may appoint. 
 

(4) On receipt of any such appeal, the appellate authority shall, after 
giving the appellant a reasonable opportunity of being heard and after 
making such enquiry as it deems proper, pass such order as it may deem 
fit, after recording the reasons therefore. 
 

21. Revision.- The Revisional Authority* to be appointed by the 
Government may, either on his own motion or on an application made by 
an aggrieved party, call for the record of any case disposed off by the 
appellate authority, for the purpose of satisfying itself as to the 
correctness, legality or propriety of any order passed by the appellate 
authority and pass such order thereon as it may deem fit and such order 
shall be final: 

 
*See Notification dated 16-10-1986 at page 51. 

Provided that no such record shall be called for after the expiry of three 
months from the date of communication of the order: 
 

Provided further that no order under this section shall be made to the 
prejudice of a person unless he has had a reasonable opportunity of 
being heard either personally or through a counsel or by a duly 
authorised agent. 



CHAPTER VI 

Offences and Penalties 
 

22. Penalty for default in registration.- (1) Any person carrying on the 
business of a dealer, hotel-keeper or travel agent without proper 
registration under this Act or in violation of any of the provisions of this 
Act or the Rules made thereunder shall be punishable by the prescribed 
authority with fine which may extend to Rs. 2,000/-. 
 

Explanation.- A person who has made an application within the 
prescribed period and which is pending disposal shall not be a defaulter 
for the purposes of this section. 
 

23. Penalty for false statement.- If any person required to make a 
statement under this Act or the rules made thereunder wilfully makes a 
false statement or suppresses a material fact with an intention to 
mislead the prescribed authority, he shall be punishable by the 
prescribed authority with fine which may extend to Rs. 2,000/-. 
 

24. Certificate not to be assigned.- Any person who lends, transfers or 
assigns the certificate issued under this Act, shall be punishable by the  
prescribed authority with fine which may extend to Rs. 2,000/-. 

 

25. Certificate and documents to be shown to persons on demand.- (1) 
Any person registered under this Act, shall, at all times on demand, 
produce and show his certificate or any other document required under 
this Act or the Rules made thereunder to the prescribed authority or any 
officer authorised by him in this behalf. 
 

(2) Any person who refuses on demand to show his certificate or 
document, or allow it to be read by any of the persons authorised to 
demand it, shall be punishable by the prescribed authority with fine not 
exceeding Rs. 500/-. 
 

26. Penalty for malpractice.- If any dealer, hotelkeeper, travel agent or 
any other person to whom this Act may be made applicable, commits a 
malpractice or contravenes any other provisions of this Act or the Rules 
made thereunder in a tourist area for which no specific penalty has been 
provided, he shall be punishable by the prescribed authority with fine 
which may extend to Rs. 1,000/-. 
 

27. Obstructing lawful authorities.- If any person wilfully obstructs or 
offers any resistance to, or otherwise interferes in the discharge of the 



functions of the prescribed authority or any officer authorised by him 
exercising any power, or performing any duties conferred or imposed 
upon it or him by or in pursuance of this Act or the Rules made 
thereunder, he shall be liable to punishment with imprisonment  which 
may extend to three months or with fine not exceeding Rs. 100/- or with 
both. 
 

28. Penalty for subsequent breaches.- (1) Any person committing a 
breach of any of the provisions of the Act or the Rules made thereunder 
for which he has been once punished with fine by the prescribed 
authority under any of the provisions of this Chapter, shall be 
punishable with imprisonment which may extend to six months or with 
fine which may extend to Rs. 5000/- or with both. 

(2) No prosecution shall be instituted against any person for any 
offence under this Act except on a complaint made by the prescribed 
authority. 

(3) Any fine imposed under this 
Chapter shall be recovered as if it were a fine recoverable  
under the provisions of  the Code of Criminal Procedure,  
  1973.  
 

29. Power of the prescribed authority to summon and enforce  
attendance of witnesses and other persons - The prescribed  
authority  shall have all the powers of a Civil Court, under  
the Civil Procedure Code, 1908 while hearing   any  
application under this Act in   respect of the following  
matters, namely:- 
 

(a) summoning and enforcing attendance of the complainant or the 
person against whom complaint is made under this Act and witnesses 
required in connection therewith; 

(b) compelling the production of any document, and 

(c) examining witnesses on oath - and may summon and examine suo 
moto any person whose evidence appears to be material. 

 
30. Composition of offences.-  (1 )  Subject to such conditions as may 

be prescribed, the prescribed authority may accept from any person 
accused of an offence under this Act or the Rules made thereunder, 
other than an offence under section 27 of the Act, such sum of money, 
as may be prescribed, by way of composition for such offence and may, out 
of the money so received, compensate the person against whom the 
offence has been committed to the extent the prescribed authority 
deems reasonable. 

Centarl Act 
45 of 1860. 

Centarl Act 

45 of 1860. 



 
(2) On the composition of the offence, no further proceeding in respect 
thereof shall lie. 
 

CHAPTER VII 

Miscellaneous 
 

31. Notification of changes.- (1) Whenever a business, for which 
a certificate is held by a person, devolves, by inheritance or 
otherwise, upon any other person or undergoes a change in respect of 
any particulars entered in the register under this Act, such person shall, 
within sixty days of the date of such devolution or change, notify in writing, 
the fact to the prescribed authority. 
 

(2) The prescribed authority shall make necessary changes in 
the register maintained for the purpose and in the certificate. 
 

(3) Notwithstanding anything contained in sub-section (2), the 
prescribed authority may, after giving an opportunity of being heard, 
remove from the register, the name of the person in whose favour the 
certificate was issued and cancel the certificate if the successor is not 
qualified to be registered under this Act. 

32. Return of certificate.- When a certificate is cancelled under this Act, the 
person holding such certificate shall within seven days from the date of 
communication of the order of cancellation return it to the prescribed 
authority. 
 

33. Duplicate certificate.- If a certificate issued under this Act is lost, 
damaged or destroyed, the prescribed authority shall, on an application 
made in that behalf by the person holding such certificate and on 
payment of the prescribed fee, issue a duplicate certificate. 
 

34. Certificate to be kept exhibited.- The Certificate shall be exhibited by the 
person holding it in a conspicuous place at the principal place of his 
business and if he has no place of business, he shall keep it on his 
person. 
 

35. Publication of name of person removed from the register.- The prescribed 
authority shall publish in the Official Gazette and in such other manner 
it deems fit, the names and addresses of the persons and of the hotels 
whose names have been removed from the register or whose certificates 
have been cancelled or who have been refused registration under this Act. 
 

36. Power to inspect.- The prescribed authority or any person authorised 
by him in this behalf may, within the tourist area, inspect at all 



reasonable times, the premises in which a dealer or a travel agent carries 
on his business or any premises where a hotel is operated and require 
such dealer, travel agent or a hotel-keeper to produce any document kept 
in pursuance of this Act or the rules made thereunder for inspection. 

37. Fixation of rates for other services.--- The prescribed authority may, 
by a notification in the Official Gazette, fix the reasonable maximum 
rates which may be charged in a tourist area, for such other tourist 
service, as may be prescribed. 

38. Powers of Government to apply Act t o  o the r  persons.- The 
Government may, by notification in the Official Gazette, direct that all or 
any of the provisions of this Act or the rules made thereunder shall, with 
such exceptions, adoptions or modifications as may be considered 
necessary, apply to persons doing the business of providing such tourist 
service in a tourist area as may be prescribed. 

39. Powers and duties of Police in respect of offences and assistance to 
prescribed authority. Every Police Officer shall give immediate 
information to the prescribed authority of an offence coming to his 
knowledge which has been committed against this Act or any rule made 
thereunder and shall assist the prescribed authority in the exercise of his 
lawful authority. 
 
  40. Indemnity.- No suit, prosecution or other legal proceedings 
whatsoever shall lie against the Government or any officer or employee of 
the Government in respect of anything which is in good faith done or 
intended to be under this Act. 

41. Reservation of powers of local authority. - Nothing in this Act shall 
take away or diminish any of the powers vested in any local authority by 
or under any law for the time being in force. 
 

42. Power to make rules.- (1) Government may, by notification in the 
Official Gazette, make rules for carrying out the purposes of this Act. 

 

(2) In particular and without prejudice to the generality of the foregoing 
powers, such rules may provide for - 

(a) the maintenance of registers, books and forms by a hotel-keeper, 
dealer or travel agent for conduct of business; 

(b) the form of application for registration and for certificate; 

(c) the fee for registration; 
(d) the manner for giving notices under this Act; 



(e) classification of hotels and travel agents; 
(f)  qualification for registration as travel agents; 
(g) manner of publication of the names and address of the persons 

and of the hotels   removed from the register or to whom 
registration has been refused; 

(h) the place where the prescribed authority shall hold enquiry under 
this Act; and 

(i) any other matter which is to be or may be prescribed. 

  (3) Every rule made under this Act shall be subject to the conditions 
of previous publication. 

 
Secretariat,          
       U. D. Sharma  
Panaji-Goa,                                 Secretary to the                                                                       
Dated: 23rd November, 1982.       Government of 
                                                  Goa, Daman and Diu, 

           Law Department 
               (Legal Advice)  

 





OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 11 16TH JUNE, 2011

106

3. Amendment of clause 10.— In clause 10

of the principal Scheme,—

(i) in sub-clause (1), for the expression

“Rs. 30,000/- (Rupees thirty thousand only)”,

the expression “Rs. 50,000/- (Rupees fifty

thousand only)”, shall be substituted.

(ii) in sub-clause (2), for the expression

“Rs. 30/- (Rupees thirty only)”, the expression

“Rs. 103/- (Rupees one hundred and three

only)”, shall be substituted.

By order and in the name of the Governor

of Goa.

Surendra F. Naik, Under Secretary, Finance

(R&C).

Porvorim, 15th June, 2011.

———ttt———

Department of Law & Judiciary

Legal Affairs Division
___

Notification

7/7/2011-LA

The Goa Registration of Tourist Trade

(Amendment) Act, 2011 (Goa Act 7 of 2011),

which has been passed by Legislative

Assembly of Goa on 30-3-2011 and assented

to by the Governor of Goa on 10-6-2011, is

hereby published for general information of

the public.

Sharad G. Marathe, Joint Secretary (Law).

Porvorim, 15th June, 2011.

________

The Goa Registration of Tourist Trade

(Amendment) Act, 2011

             (Goa Act 7 of 2011)  [10-6-2011]

AN

ACT

further to amend the Goa, Daman and Diu

Registration of Tourist Trade Act, 1982

(Act 10 of 1982).

Be it enacted by the Legislative Assembly

of  the State of Goa in the Sixty-second Year

of the Republic of India, as follows:-

1. Short title and commencement.—  (1)

This Act may be called  the Goa Registration

of Tourist Trade (Amendment) Act, 2011.

(2) It shall come into force on such date as

the Government may, by notification, in the

Official Gazette, appoint.

2. Amendment of section 2.—  In section 2

of the Goa, Daman and Diu Registration of

Tourist Trade Act, 1982 (Act 10 of 1982)

(hereinafter referred to as the “principal

Act”),—

(i) the existing clauses (a) and  (aa) shall

be re-numbered as clauses (aa) and (aaa)

respectively and before clause (aa) as so

re-numbered, the following clause shall be

inserted, namely:–

“(a) ‘adventure sports operator’ means

a person operating adventure sports,

such as, aero sports, go-carting, bungy

jumping, wind surfing, paragliding, hot

air balloon etc.;”;

(ii) in clause (aa), so re-numbered for the

words “and canoe”, the figure and words

“parasailing and canoe” shall be

substituted;

(iii) in clause (g), after the words “label

on the articles” and before the words

“failure to give cash memos” the expression

“operation of water sports by a water

sports operator without Certificate of

Registration or without safety equipment

on the vessel,  charging of more fees by

the tourist taxi operator than the one

specified  for the purpose” shall be

inserted;

(iv) after clause (j), the following clauses

shall be inserted, namely:–

“(jj) ‘spice plantation’ means a place

where tourists visit and can get first hand

information and view of spice plants/

/trees on payment of monetary

consideration”.



OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 11 16TH JUNE, 2011

107

“(jjj) ‘tourist taxi operator’ means a

person or firm operating motor vehicles

for tourists on rental basis and for which

permission has been granted by the

Transport Department”.

(v) after clause (kk), the following clause

shall be inserted, namely:–

“(kkk) ‘tour operator’ means a person

or a firm operating or conducting sight

seeing or individual tours to the tourists

for which licence has been issued by

the Transport Department”.

(vi) after clause (n), the following clause

shall be inserted, namely:–

“(nn) ‘water sports operator’ means

a person operating boats/parasailing/

/jetskii/kayaking/canoeing/rafting/scuba

diving, etc., to tourists and includes

water sports equipment dealer.”.

3. Amendment of section 10.— In section

10 of the principal Act, in sub-section (i), after

clause (d), the following clause shall be

inserted, namely:–

“(e) if the hotel-keeper has failed to

renew the certificate within a period of one

month from the date of its expiry”.

4. Insertion of new section 10A.— After

section 10 of the principal Act, the following

section shall be inserted, namely:–

“10A. Closure of hotel.— If the holder of

a certificate issued under section 8 of this

Act intends to close down his business in

the premises during the period of validity

of the certificate, he shall inform the same

to the prescribed authority in writing at

least fifteen days prior to the date on which

he actually intends to close down the

business alongwith original certificate”.

5. Amendment of section 17.—  In section

17 of the principal Act, in sub-section (i) after

clause (d), the following clause shall be

inserted, namely:–

“(e) if the travel agent has failed to

renew the certificate issued under section

15 of this Act, within a period of one month

from the date of its expiry”.

6. Insertion of new section 17A.— After

section 17 of the principal Act, the following

section shall  be inserted, namely:–

“17A. Restrictions on travel agent to

function as recruiting agent.— No travel

agent registered under this Act shall

commence or carry on any business of

recruitment for an employer or by

representing such employer with respect

to any matter in relation to such recruitment

including dealing with the persons so

recruited or desiring to be recruited unless

he/she has obtained a certificate from the

registering authority under the Emigration

Act, 1983 (Central Act 31 of 1983)”.

7. Insertion of new Chapter IV A.— After

Chapter IV of the principal Act, the following

Chapter shall be inserted, namely:—

“CHAPTER IV-A

Registration of Tour Operators, Water Sports

and Adventure Sports Operators, etc.

19A. Registration.— (1) No person shall,

in the tourist area, carry on the business

of a tour operator, water sports operator,

adventure sports operator, spice plantation

or of providing temporary huts for the

purpose of accommodation,  unless he is

registered in accordance with the

provisions of this Act.

(2) Every person intending to start

business under sub-section (1) shall apply

for registration to the prescribed authority

in the prescribed manner, alongwith

prescribed fee.

 (3) Notwithstanding anything contained

in sub-section (2), any person already

engaged in any of the business as specified

under sub-section (1) shall apply for

registration within three months from the

date of commencement of the Goa



OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 11 16TH JUNE, 2011

108

Registration of Tourist Trade (Amendment)

Act, 2011.

(4) Every application made under

sub-sections (2) or (3) as the case may be,

disposed off within a period of one month

from the date of receipt of the application.

19B. Certificate.— The prescribed

authority shall, unless registration is

refused under section 19D, direct that the

name and particulars of the person starting

business as specified in sub-section (1) of

section 19A, be entered in the register

maintained for the purpose and issue a

certificate to the person in the prescribed

form subject to such terms and conditions

and on payment of such fees as prescribed.

19C. Renewal of Certificate of

Registration.— (1) The Certificate of

Registration issued under section 19B shall

be valid for a period of one year from the

date of issue and shall be renewable before

its expiry on payment of fees as prescribed.

19D. Refusal to register.— (1) The

prescribed authority may refuse to register

the business as specified in sub-section (1)

of section 19A on any of the following

grounds, namely:–

(a) if the applicant does not possess

essential requirements or qualifications

as prescribed;

 (b)  if he has been convicted of any

offence under Chapters XIV and XVI of

the Indian Penal Code, 1860 (45 of 1860)

or under any of the provisions of this

Act or of any offence punishable under

any law providing for the prevention of

hoarding, smuggling, profiteering,

adulteration of food or drugs, or

corruption and a period of two years

have not elapsed since the termination

of the sentence imposed upon him;

(c) if he has been declared as an

insolvent by a Court of competent

jurisdiction and has not been

discharged;

(d) if registration is refused to him and

a period of three months have not been

elapsed from the date of refusal;

(e) if in the opinion of the prescribed

authority there is sufficient ground to be

recorded in writing, for refusing

registration.

(2) No application for registration shall be

refused unless the person applying for

registration has been afforded a reasonable

opportunity of being heard”.

8. Amendment of section 22.— In section

22 of the principal Act,—

(i) for the words “travel agent”,  the

expression  “travel agent or as mentioned

in sub-section (i) of section 19A” shall be

substituted;

(ii) for the letters and figures “Rs. 10,000/-”

the letters and figures “Rs. 1,00,000/-”, shall

be substituted.

Explanation.— A person who has made an

application for renewal of certificate before

the date of its expiry and if the same is

pending disposal then he shall not be a

defaulter for the purposes of this section”.

9. Insertion of new section 25A.— After

section 25 of the principal Act, the following

section shall be inserted, namely:–

“25A. Penalty for unauthorized sale,

etc.— Any person who indulges in selling

any articles, materials, etc., in any tourist

area, without any licence or permission

under any law for the time being in force,

then such articles, materials, goods, etc.,

shall be confiscated by the officials

authorized by the Government and the

same shall be returned only on payment of

minimum fine of Rs.10,000/- which may

extend to Rs. 25,000/-. In the event of

non-payment of fine, such confiscated

articles, materials, goods etc., shall be

disposed of by a public auction and the

proceeds thereof shall be deposited in the

Government Treasury. An inventory of all



OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 11 16TH JUNE, 2011

109

the confiscated items shall be maintained

by the official confiscating the same”.

10. Amendment of section 27.— In section

27 of the principal Act, for the letters and

figures “Rs. 2,000/-”, the letters and figures

“Rs. 10,000/-” shall be substituted.

11. Amendment of section 28.— In section

28 of the principal Act, in sub-section (1), for

the letters and figures “Rs.10,000/-”, the

letters and figures “Rs. 20,000/-” shall be

substituted.

Secretariat,    PRAMOD V. KAMAT

Porvorim-Goa.       Secretary to the Govt. of Goa,

Dated:15-6-2011.  Law Department (Legal Affairs).

———ttt———

Department of Science, Technology &

Environment
___

Policy

GCZMA/H. COURT MATTER/07/656/

/Part IV/311

Policy for utilization of available open plots in

CRZ-III Zone for the purpose of establishing

Hotels/Beach Resorts

Background

1. As per paragraph 32(D) of the directions

contained in the Judgement and Order of the

Hon’ble High Court of Bombay at Goa, Panaji,

in Writ Petition No. 422 of 1998 (Goa

Foundation v/s Village Panchayat of Candolim

& ors.) with Writ Petition No. 99 of 1999 (Goa

Foundation v/s Village Panchayat of

Calangute & ors.), the State Government has

been directed-

“to identify the open plots in CRZ-III zone

which are available for construction of

hotels and to frame appropriate policy/

/regulation for utilization thereof before

they are being allowed to be utilized for

such construction activities.”

2. The Goa Coastal Zone Management

Authority (GCZMA)/Department of Science,

Technology and Environment (DSTE),

Government of Goa entrusted this task of

identifying and delineating the open vacant

plots above an area of 4000 sq. mts., in

CRZ-III zone along the coastline of the State

of Goa to M/s. Remote Sensing Instruments

(RSI), Hyderabad. This Agency had carried

out the task of identification of structures

existing as in 1991 when the CRZ Notification,

1991 came into force and the structures that

came up subsequently by temporal study of

satellite imagery between 1991 and 2006

followed by field checks as per directions of

the Hon’ble High Court in the same Writ

Petitions detailed above. These reports were

periodically submitted before the Hon’ble

High Court and the data products/mapping

of structures in form of survey plans were

submitted to the Coastal Village Panchayats/

/Municipality in terms of the directions of the

Hon’ble High Court in M.C.A. No. 427 of 2007

in W. P. No. 422 of 1998 dated 18th March,

2008.

3. M/s. RSI, Hyderabad has interpreted

rectified satellite data, on line to identify and

delineate contiguous open plots measuring

4000 sq. mts. and above in the CRZ-III areas

of Goa. By overlaying the geo-referenced

revenue maps, the locations of each of these

open plots in terms of survey numbers and

sub-division number have been tabulated and

broad landuse patterns in these plots have

also been tabulated.

An atlas of the open plots in CRZ-III of all

the villages has been made on 1:5000 scale

and a table in MS Excel format showing the

identification number (ID No.) of each plot,

its locations in terms of survey of sub-division

number and broad landuse/landcover pattern

in these open plots has also been prepared.

M/s. RSI, Hyderabad has submitted a soft

copy in portable document format.

4. In its report M/s. RSI, Hyderabad has

indicated certain minor limitations to this

study, as interpretation of the satellite data is

with reference to the year 2005 and the

landuse/landcover would need to be



OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 11 16TH JUNE, 2011

110

ascertained by interpreting latest satellite

imagery and/or field checks. Some of the open

plots appear to fall in forest, which can be

separated by overlaying the reserved forest

map of the Forest Department, as and when

required. Similarly some open plots fall in sand

dune areas, which can be identified and

separated. Many open plots fall in cultivated

areas which need to be identified to ascertain

the present status of cultivation/landuse.

These features can be identified during site

inspection separately.

Provisions of New CRZ Notification, 2011

5. The Ministry of Environment and Forests

(MoEF), Government of India has notified the

new Coastal Regulation Zone (CRZ)

Notification, 2011 (S.O. No. 19(E) dated 6th

January, 2011). Annexure-III to the CRZ

Notification, 2011 defines the requirements

and guidelines for development of beach

resorts or hotels in the designated areas of

CRZ-III and CRZ-II for occupation of tourist

or visitors with prior approval of the Ministry

of Environment and Forests. The same is

enclosed as APPENDIX-I.

For any new development of a Hotel/Beach

Resort/Motels or any structure with rooms

for the purpose of temporary accommodation

of visiting tourists, to be undertaken within

200 m. to 500 m. shall require to follow the

guidelines as detailed above, subject to the

State Government Development and Planning

Regulations and Policy.

Provisions contained in Regional Plan for

Goa, 2021

6. The Town and Country Planning

Department, Government of Goa, has

prepared the draft Regional Plan for Goa-2021

(RPG-21). As per draft RPG-21, all CRZ areas

are classified as Other Eco-Sensitive zones

(ECO-2), except CRZ-I areas, which are

classified as Eco-Sensitive zones (ECO-1). Any

development in ECO-2 areas will be as per

CRZ guidelines.

The Town and Country Planning

Department has vide Final Report, RPG-21

(Release One) dated 23rd November, 2010;

has specified guidelines and has indicated

that beach resorts/hotels/motels would be

permitted on special conditions in Settlement

Zone as mapped and defined in the land use

maps approved by the Government

[Reference: Appendix XI of the Final Report,

RPG-21 (Release One)].

The Final Report, RPG-21 (Release One)

also indicates a policy for Coastal and

Hinterland Eco-Tourism for development in

backward talukas for specific areas

earmarked as a marker for development in

the plans approved by the Government.

[Reference: Chapter 4.2.2 (a) of the Final

Report, RPG-21 (Release One)].

Guidelines for considering project proposals

for Hotels/Beach Resorts in CRZ-III areas

7. Every proposal received by the GCZMA,

will be forwarded for examination and

assessment by the Goa State Expert Appraisal

Committee (Goa-SEAC), in the first instance.

While examining the proposal of any new

Hotel related project in the open plots/spaces

available, the Goa-SEAC, shall follow the

guidelines as given below and incorporate

the same in the Terms of Reference for the

project proponents case:

(i) The land use/land cover as on site

will be verified on ground by inspection.

The surrounding land use pattern will be

considered to determine the suitability of

the land to be utilised for the purpose

concerned.

(ii) The recommendations or findings of

the Environmental Impact Assessment

(EIA) report, will not be the sole criteria

for determining the land use/suitability of

the plot, for the purpose concerned.

Additional reports on environmental

standards/parameters pertaining to the site

concerned, shall be identified and project

proponents would be required to comply

with the same.

(iii) Only those land areas, which are

classified as “Settlement” in terms of



OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 11 16TH JUNE, 2011

111

RPG- 21, will be considered for the purpose

concerned.

(iv) The proposed project should

essentially meet the requirements of

recycling of effluents/sewage, efficient solid

waste management practices and such

other measures as directed by the Goa

State Pollution Control Board.

(v) The proposed project’s endeavour

should be to meet ‘Green’ initiatives such

as water harvesting (wherever feasible),

use of solar and other renewable energy

resources for lighting, heating etc.

(vi) The proposed project should be

compliant to the standards prescribed

under Environment (Protection) Rules,

1986 (as amended) and should also provide

for compliance to the standards and

conditions under Water (Prevention and

Control of Pollution) Act, 1974 and Air

(Prevention and Control of Pollution) Act,

1981.

(vii) All guidelines prescribed in CRZ

Notification, 2011 shall be strictly

followed.

8. On receipt of the proposal duly assessed

and appraised by the Goa-SEAC, the same

will be taken up for consideration by the

GCZMA. Thereafter, the recommendations

of the GCZMA and the appraisal of the

Goa-SEAC, in respect of the project proposal

shall be submitted to the Goa State

Environmental Impact Assessment Authority

(Goa-SEIAA) for its recommendations. Only

on obtaining its favourable recommendations

and with approval of the State Government,

shall the project proposal be submitted to the

MoEF for its consideration, in term of the CRZ

Notification, 2011.

9. The conditions at para (7) and para (8),

shall not apply to the hotel projects approved

earlier by the State Government/MoEF or are

in the process of being considered for

approval by MoEF based on earlier State

Government/GCZMA approvals.

10. This policy issues with the approval of

the Government of Goa vide U. O. No. 96

dated 27th May, 2011.

Michael M. D’Souza, Director & ex officio

Joint Secretary (STE).

Saligao, 10th June, 2011.

_________

Appendix-I

ANNEXURE-III

Guidelines for development of beach resorts or

hotels in the designated areas of CRZ-III and

CRZ-II for occupation of tourist or visitors

with prior approval of the Ministry of

Environment and Forests

I. Construction of beach resorts or hotels with

prior approval of MoEF in designated areas of

CRZ-II and III for occupation of tourist or visitors

shall be subject to the following conditions,

namely:—

(a) the project proponent shall not undertake

any construction within 200 metres in the

landward side of High Tide Line and within the

area between (Low Tide Line and High Tide Line

in CRZ III)(1);

(b) the proposed constructions shall be

beyond the hazard line or 200 mts. from the High

Tide Line whichever is more;

(c) live fencing and barbed wire fencing with

vegetative cover may be allowed around private

properties subject to the condition that such

fencing shall in no way hamper public access to

the beach;

(d) no flattening of sand dunes shall be carried

out;

(e) no permanent structures for sports facilities

shall be permitted except construction of goal

posts, net posts and lamp posts;

(f) construction of basement may be allowed

subject to the condition that no objection

certification is obtained from the State Ground

Water Authority to the effect that such

construction will not adversely affect free flow

of groundwater in that area;



OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 11 16TH JUNE, 2011

112

(g) the State Ground Water Authority shall

take into consideration the guidelines issued by

Central Government before granting such no

objection certificate;

(h) though no construction is allowed in the

no development zone for the purposes of

calculation of Floor Space Index, the area of entire

plot including the portion which falls within the

no development zone shall be taken into account;

(i) the total plot size shall not be less than 0.4

hectares and the total covered area on all floors

shall not exceed 33 percent of the plot size i.e.,

the Floor Space Index shall not exceed 0.33 and

the open area shall be suitably landscaped with

appropriate vegetal cover;

(j) the construction shall be consistent with

the surrounding landscape and local

architectural style;

(k) the overall height of construction upto the

highest ridge of the roof, shall not exceed 9

metres and the construction shall not be more

than two floors (ground floor plus one upper

floor);

(l) groundwater shall not be tapped within

200 metre of the High Tide Line; within the 200

metre 500 metre zone it can be tapped only with

the concurrence of the Central or State Ground

Water Board;

(m) extraction of sand, levelling or digging of

sandy stretches except for structural foundation

of building, swimming pool shall not be

permitted within 500 metres of the High Tide

Line;

(n) the quality of treated effluents, solid

wastes, emissions and noise levels and the like,

from the project area must conform to the

standards laid down by the competent

authorities including the Central or State

Pollution Control Board and under the

Environment (Protection) Act, 1986;

(o) necessary arrangements for the treatment

of the effluents and solid wastes must be made

and it must be ensured that the untreated

effluents and solid wastes are not discharged

into the water or on the beach; and no effluent

or solid waste shall be discharged on the

beach;

(p) to allow public access to the beach, atleast

a gap of 20 metres width shall be provided

between any two hotels or beach resorts and in

no case shall gaps be less than 500 metres apart;

and

(q) if the project involves diversion of forestland

for non-forest purposes, clearance as required

under the Forest (Conservation) Act, 1980 shall

be obtained and the requirements of other

Central and State laws as applicable to the

project shall be met with; and

(r) approval of the State or Union territory

Tourism Department shall be obtained.

II. In ecologically sensitive areas (such as marine

parks, mangroves, coral reefs, breeding and

spawning grounds of fish, wildlife habitats and

such other area as may be notified by the Central

or State Government Union territories) construction

of beach resorts or hotels shall not be permitted.

 ****
(1) In Annexure III, in item 1 (a), in line 2, the words

“Low Tide Line and High Tide Line” be read as at (1)

above vide S.O. 651 (E) dated 29-03-2011.

———ttt———

Department of Tribal Welfare

Directorate of Tribal Welfare
___

Order

1/21/2011-12/ADMN/TWD/903

Sanction of the Government is hereby

accorded for creation of following posts in the

Goa State Commission for Scheduled Castes

and Scheduled Tribes under the establishment

of Directorate of Tribal Welfare with immediate

effect.

Sr. No. Designation Pay scale No. of posts

1. Sweeper To be out sourced 1

This issues with the recommendation of
Administrative Reforms Department vide
their U. O. No. 567/F dated 30-5-2011,
concurrence of Finance (Rev. & Cont.)
Department vide their U. O. No. 1438949
dated 30-5-2011.

By order and in the name of the Governor

of Goa.

Dipak S. Desai, Director & ex officio Joint

Secretary (Tribal Welfare).

Panaji, 2nd June, 2011.



OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 11 16TH JUNE, 2011

113

Department of Printing & Stationery

Government Printing Press
___

Order

5/15/2010-DPS/502

Government is pleased to announce Braille
Embossing facility for the citizens on the
following charges by providing the soft copy
of the material:

(a) Embossing of educational material
provided by the Educational Institutions in soft
copy @ Rs. 5/- per Braille page.

www.goaprintingpress.gov.in

Printed  and Published  by  the  Director,  Printing  &  Stationery,

Government  Printing  Press,

Mahatma Gandhi Road, Panaji-Goa 403 001.

PRICE – Rs.  9.00

(b) The commercial establishments like

hotels/restaurants etc., @ Rs. 10/- per Braille

embossing page.

By order and in the name of the Governor

of Goa.

N. D. Agrawal, Director & ex officio Addl.

Secretary (Printing & Stationery).

Panaji, 14th June, 2011.


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