Receipt No. _____________

& Date _____________

Government of Goa Department of Tourism

Panaji – Goa

APPLICATION FOR ISSUE OF N.O.C. FOR ERECTION OF A TEMPORARY SHACK/HUTS IN THE PRIVATE PROPERTY FOR THE TOURIST SEASON 2012-2013 (upto 31/05/2013)

1. Name (In Block Letters)

:

(a) Address

(b) Telephone No. Res./Mobile

:

:

2. Nationality

:

3. Name of the Shacks/Huts

(Refer Terms & Condi t ions at Sr . No.1

Sub Sect ion X)

:

4. Location for proposed temporary Shack/Huts/Tents:

a) Survey Number

b) Name of Village

c) Property owners name

d) Whether the property is on

lease or ownership

:

5. ENCLOSURES:

(a) Property Ownership Documents, Form I&XIV (Recent)

:

(b) Site Plan showing location of the temporary Shack

:

Af f i x a Passpor t s i ze Photograph

here

(c) Survey Plan

:

(d) Recent Coloured Passport size photographs (two copies) with the name writ ten on the back excluding one attached to this applicat ion.

:

(e) If the property belongs to other than the applicant submit the NOC/leave and licence agreement in original alongwith photographs of both the parties with their signatures across the photo to carry out the business of Shack for the Tourist Season 2012-13 from the owner of Property. However, applying for more than one Shack/Hut/Tents notarized copy may be submitted.

:

(f) The cost for the applicat ion form shall be 3,000/ - non-refundable

and the shack fees as mentioned at Sr.No.1, Sub-Section vi i of the Terms & Conditions for erection of temporary Shacks/Huts/Tents. The application form will be made available on the website of the Department of Tourism i.e. www.goatourism.gov.in and the form has to be downloaded and submitted to the following off ices – Department of Tourism, (Panaji), The Zonal Off ices (North Goa at Mapusa and South Goa at Margao) during the working hours with the two Demand Drafts i.e. one Demand Draft for application form for Rs.3,000/- and the second Demand Draft towards the Shack fee as applicable : At stretches “A” - 20,000/- & At stretches “B” - 12,500/-. No forms wil l be made available by the Department. The Demand Drafts have to be drawn in favour of the Director of Tourism, Panaji – Goa payable at Panajji only from any Scheduled Commercial Bank.

:

(g) The cost for the applicat ion form for Huts/Tents and the fees for applicat ion shall be 500/- and

5,000/- respectively with

reference to (Sr.No.24) of Terms & Conditions for erect ion of temporary Shack/Huts/Tents.

(h) A refundable Security Deposit of 10,000/- in the form of Demand

Draft in favour of Director of Tourism from any Scheduled Commercial Bank payable at Panaji.

:

(i) Aff idavit

D E C L A R A T I O N

I hereby declare that I have read and understood all the “ Terms

and Conditions” governing the issue of N.O.C. for erection of

Temporary Shacks in Private Property for the tourist season

October’2012 to 31st May’ 2013 and Shack Policy 2012–13 as

approved.

( Signature of the Applicant )

NOTE:-

(i) The application for putting up a Temporary Shack in Private Property shall be received from the applicant in person only.

(i i) The Forms received incomplete in any respect such as

improper documents, are liable to be rejected.

TERMS & CONDITIONS FOR ERECTION OF TEMPORARY

SHACK/HUTS/ TENTS IN PRIVATE PROPERTY FOR THE

TOURIST SEASON 2012-2013

(upto 31/05/2013)

1. Applicant shall submit duly filled-in application alongwith

following documents:

i ) Property Ownership Documents with clear title

Al l Recent

Copies i i ) Form I & XIV (Recent), i i i ) Site Plan, iv) Survey Plan, v) Three Passport size recent coloured photographs (two

copies with the name written on the back and one

attached to the application).

vi) The cost for the application form shall be 3,000/- non-

refundable in form of a Demand Draft drawn in favour of

Director of Tourism payable at Panaji from any Scheduled

Commercial Bank only.

vii) The Shack fee will be Stretch wise in the private properties

along and away from the beaches ( i.e. as per the list of

Stretches) and the size of the shack shall be 18 mts X 8

mts.

At stretches “A” - 20,000/-

Calangute, Candolim, Majorda, Colva (Except Sernabatim,

Colva), Benaulim (Except Velludo, Benaulim), Varca,

Fatrade (Varca), Mobor & Khandivado (Cave lossim).

At stretches “B” - 12,500/-

Keri (Pernem), Arambol, Mandrem, Morjim, Ozrant,

Anjuna, Vagator, Chapora, Siridao, Velsao, Arossim,

Utorda, Betalbatim, Sernabatim (Colva), Velludo

(Benaulim), Zalor, Palolem and other private properties

along and away from the beaches in Canacona Taluka. The

names of any other places along and away from the

beaches which do not figure under stretch “A” shall be

considered under stretch “B”.

viii) The shack fee shall be 20,000/- for Stretch “A” and

12,500/- at stretches “B” non-refundable in form of a

Demand Draft in favour of Director of Tourism payable at

Panaji from any Scheduled Commercial Bank only should

be submitted alongwith the application form.

ix) A refundable Security Deposit in of 10,000/- in the form

of Demand Draft in favour of Director of Tourism from any

Scheduled Commercial Bank payable at Panaji should also

be alongwith the application form.

x) The applicant should submit a separate applicat ion form

for shack and a separate one for the huts/tents. This

should be duly identified at serial no.3 of the application

form.

2. If the property does not belong to the applicant then

applicant shall submit the NOC/Leave and Licence

Agreement from the property owner with photograph of

both the parties with signature across on it and attested

by the Talathi/Notary of the concerned Village Panchayat;

or else of both the parties to carry out the business of

temporary Shack/Huts/Structure in the said proper ty for

the Tourist Season 2012-2013. If the applicant is putting

more than one shack attested copies may be submitted

alongwith the applicants form.

3. The concerned Village Panchayats/Municipalities shall not

issue any Permission until and unless No Objection

Certificate (NOC) is issued by the Tourism Department. In

case such NOCs issued, the concerned Village

Panchayat/Municipality shall be responsible for the

consequences arised.

4. The temporary Shack/Huts/Structure shall be erected out

of natural eco-friendly materials like bamboos/wooden

poles with thatched palm leaves/ thatched bamboo mat

roofing and no tin or plastic sheets shall be used. No

permanent construction materials nor iron structures or

iron sections of any nature shall be allowed to be used.

The floor at the maximum can be of wooden planks that

too it has to be removed by 1 s t June. The concerned

Village Panchayat or Local Self -Government Authority

shall prevent permanent construction in the temporary

Shack/Huts/ Structure.

5. In case of any malpractices/false representation/forgery in

connection with submission of property documents or the

NOC/Permission obtained from property owner, the NOC

issued is liable to be cancelled/revoked by this

Department without any Notice and initiate le gal

proceeding and the applicant shall be blacklisted for 3

years.

6. In case it is proved that the ownership of the land is not

in the name of applicant/land owner who issues the NOC

with the photograph identity as proclaimed in the

application form, the NOC shall stand cancelled/revoked

forthwith without any further Notice. The Department may

also file criminal cases if necessary.

7. The Shack allottee shall make provision for giving Fire

cover/First Aid to the structure and the public/tourists

and shall contact the Office of the Fire Service to obtain

guidelines at the start of the business.

8.

The N.O.C. granted shall be valid for the current Tourist

Season only i.e. from the date of grant of Permission upto

31s t May 2013 and shall be subject to the allottee

obtaining the required

permissions/registrations/renewals, from the Excise

Department, Health Department, Food & Drugs

Administration (the Government of INDIA, Ministry of

Health & Family Welfare have enacted the food safety and

standard Act, 2006, Rules & Regulations w.e.f.

05.08.2011. The Shack allottee shall register its activity

and food handlers under the said Act, which if not is

punishable with a fine which may extend to Rs.2.00

lakhs), Electricity Department, Fire Services, Commercial

Taxes Department and other concerned authorities as may

be applicable.

9. a) The Excise Department, Health Department, Food & Drugs

Administration, Electricity Department, Fire Services,

Commercial Taxes Department all these Departments shall

coordinate with the Tourism Department to check if the

allotted shacks is illegal before issuing any licence. they

shall rely on written confirmation from the Department

stating that the Shack put up is not illegal and is

authorized (Writ Petition No.167/2007 in the High Court

of Bombay Judicature).

b) The Shack operators shall render all necessary assistance

to The Tourist Security Force, Police Department and

respective Police Stations who shall maintain a strict vigil

along the beaches so as to prevent erection of illegal

Shacks, Deck Beds and stop hawkers, masseurs, lamanis

and others peddlers of banned substances from operating

on the beaches under their jurisdiction. Also the shack

operators shall report any suspected activities of

suspected terrorism. (The Tourist Security Force has been

empowered by the Prescribed Authority under Rule 2 sub -

rule (j). See Notification5/16/81/WET dated 08.07.1985 ).

10. The sound of the music played shall be heard only within

the shack and only 2 speakers of 50 watt each is allowed.

Loud /amplified music is strictly banned. All conditions as

per Noise Pollution Control Rules shall be strictly

followed.

11. For holding wedding parties, fashion shows, sports

activities etc which involve beach area, a separate

permission has to be obtained from the Department of

Tourism and separate charges shall be levied.

12. The shack allottee shall procure health card for all his/her

employees working in the shack. Further, detailed

information including photos, etc of the employees shall

be maintained and also informed to the nearest Police

Station.

13. The NOC for Huts/Tents shall be issued only after

Registration under The Goa Registration of Tourist Trade

Act, 1982 (i.e. 150/- per hut).

14. As far as Turtle Nesting Areas viz ; Morjim, Mandrem,

Agonda & Galjibag are concerned. If any Shacks are

permitted, following conditions are applied: -

a) The Nesting is found to be affected by the artificial lights.

The Turtles get disoriented if artificial lights are used,

hence no lights shall be used towards the sea ward

direction.

b) The Nesting sites should not be subjected to any

compaction of beach sand viz. organizing any sports and

game on beach, like Football, Volleyball, Cricket etc., joy

rides on any animals like Camels, Horses, Elephants, etc.

joy rides or any use of vehicles is banned on beaches etc.

c) There should not be any noise pollution in that area.

d) There should not be any activity, which is likely to damage

or disturb the littoral flora and fauna of the nesting sites.

e) Depositing of debris, Garbage, Dust, Chemicals etc.

strictly prohibited.

f) No disturbance to sand dune formation on the coast used

for nesting shall be allowed.

g) All the human activities on the nesting coasts should

cease from dusk to sunrise.

h) The NOC holder shall inform Forest Department (Range

Forest Officer)/ nearest Police Station any incidents of

nesting, and shall actively co-operate with the protection

staff, in protection of turtle, turtle nesting site, turtle eggs

hatching etc.

15. Timing for operation of Shack shall be from 7.00 a.m. to

11.00 p.m. and no music shall be played beyond 10.00

p.m.

16. On the expiry of NOC period i.e. 31/05/2013, Tourism

Department shall not be held responsible for removal of

Shacks/Huts/Tents. It is sole responsibility of the NOC

holder/property owner and concerned Village Panchayat or

Municipality to demolish the said temporary

Shacks/Huts/ Tents.

17. After expiry of NOC period the NOC holder shall clear the

site within 07 days and the Village

Panchayat/Municipality shall issue site clearance

certificate to the Shacks/Huts/Tents owners/operators, so

as to enable this Department to release the Security

Deposit of the party.

18. Site Clearance Certificate shall indicate the date of

clearance of the site which shall not be beyond 7 th day of

June’ 2013. If the Site Clearance Certificate issued by the

concerned Village Panchayat/Municipality indicating the

date of clearance after the 7 th day of June 2013, the

Security Deposit of the party is liable to be forfeited in

Government Treasury. However, the right to extend the

time frame and the power lies under the sole discretionary

of the Director of Tourism.

19. In case of failure to abide any conditions as applicable

under this Policy, the NOC shall be revoked forthwith,

Security Deposit shall be forfeited, and he/she shall be

debarred from applying for Shack in private property for

the next three years/tourist seasons.

20. The Operator of the Shack shall not entertain/patronize

any form of illegal activity of any type. Lamanis should be

kept away from the shack.

21. The operator shall segregate its Garbage at source and

arrange for its proper disposal at their end. No garbage to

be burnt/buried on the beach.

22. The operator shall have to compulsorily keep mobile Eco-

friendly toilets for its guests with due approval from the

Directorate of Health Services.

23. The operator of the shack shall compulsorily get his

cook/food handler trained at the Indian Institute of Hotel

Management (IHM), Porvorim.

24. The cost for the application form for huts/tents shall be

500/- and the fee for application is 5,000/-. i.e. the

total value of the DD drawn in favour of the Director of

Tourism from any Scheduled Commercial Bank payable at

Panaji shall be 5,500/-. The applicant shall have to

compulsorily register its Huts/Tents under the Goa

Registration of Tourist Trade Act, 1982 and Rules 1985

and pay 150/- as registration charges per Huts/Tents

and retain the receipt till the end of the season.

25. A cluster of Huts/Tents shall be treated as one and shall

be liable to deposit a DD of 10,000/- as security deposit

towards them which is refundable.

26. The non-registration of these temporary huts/tents will

invoke the fine upto Rs.1.00 Lakh under the Goa

Registration of Tourist Trade Act, 1982 and Rules 1985

and Amendment 2011.

27. Separate form shall have to be submitted by the applicant

for every separate Private Shack with all necessary

documents/DDs and Payments.

28. The owner of the Shack shall display prominently sign

boards indicating that “Sale of liquor is banned to

Children below 18 years of age”.

29. In case of any difficulty arising in the implementation of

the Policy 2012-2013, the decision of the Director of

Tourism shall be final. Failure to comply with any of t he

above conditions and furnishing of incorrect information

by the allottee, the permission shall be cancelled forthwith

and the shack/tents/huts shall be demolished at the own

risk and cost. The shack/hut/tent allottee shall be

debarred for a minimum period of three years and the

amount deposited as fees/security deposit shall be

forfeited to Government Treasury.

*************************************************************************

(Format for Affidavit for N.O.C. for erection of temp orary Shack/Huts/ Tents in the Private Property for the tourist season

2012-13)

A F F I D A V I T

I, ____________________________ son/wife of ____________________ ( Name o f the Appli ca nt)

_____________________ residing at _________________________________

(Full residential address with house/ward no. of Village Panchayat concerned)

________________________________________________________________

do solemnly aff irm and state as under: - 1. That I have submitted application to the Department of Tourism,

Panaji, for grant of N.O.C. for erection of Temporary Shack/ ___________ Nos. Huts/Tents in private property bearing Survey No.___________ Sub.Div_________ situated at ___________ Village of ____________Taluka from October 2012 to 31st May, 2013 in the prescribed form.

2. That I shall abide by the “Terms and Conditions” governing

the grant of N.O.C. for erection of Temporary Shack/Huts/Tents in private property read with beach Shack Policy 2012 -13 and Hon’ble High Court Orders in Writ Petit ion No.167/2007 and all other Orders relat ing to the erection of Shacks, huts/tents passed from time to time. And that I shall only erect deck beds, umbrellas, tables & chairs in my private property and not on the beach in front of my property nor any identif ied beaches of Goa either during day or night t ime.

3. That in the event I am issued N.O.C. for erect ion of Temporary

Shack/Huts/Tents, I undertake to abide by the local laws including that of the Village Panchayat / Municipality, Health Department’ Food & Drugs Administration (FDA), Fire Services, Excise Department, Electricity Department, Public Works Department, Police Department, Commercial Taxes etc. and shall obtain requisite l icense for erection and carrying o ut of business of serving food and beverages.

4. That I will procure and maintain a eco-friendly toilet adjacent to

my shack for the convenience of customers / tourists approved by the Directorate of Health Services.

5. That I shall supply drinking water to the customers / tourists

meeting FDA standards. 6. That in the event of any complain received against me with

documental proof the N.O.C. granted for operation of Shack/Huts/Tents shall be surrendered by me.

7. That in the event of grant of N.O.C. for erection of temporary

Shack/Huts/Tents in my Private property, no foreigner shall be

permitted to work in Shack/Huts/Tents without work visa and that in case of violation of the Terms and Condit ions, the N.O.C. shall be cancelled.

8. That I have not been convicted o f any criminal offence as of

date of application. 9. That I agree to register my activit ies of Huts/Tents under Tourist

Trade Act 1982, as per rule. 10. That I am aware that in case of violation of the “Terms &

Conditions”, the N.O.C. issued for erection of tem porary Shack/Huts/Tents shall be cancelled forthwith, Security Deposit shall be forfeited to Government Treasury, Shack/Huts/Tents shall be demolished at my risk and cost and I shall be debarred for applying for Shack/Huts/ Tents for a minimum period of three years/tourist seasons.

11. That I agree to assist the Lifeguards on duty for safety of l ives

as and when required.

12. That I agree to assist Department of Tourism, Tourist Security Force and the Police in reporting suspicious activit ies along the beaches such as pedophilia, drug peddlers of banned substances and suspicious terrorist.

13. That I agree to prevent act ivit ies such as of the lamanis,

beggars, masseurs, touts, hawkers etc. from and around the Shack/Huts/Tents.

14. That I am fully aware of my responsibi l it ies towards keeping the

environment clean and hygienic and free from all kinds of pollut ion.

15. That I am aware of the Anti Smoking and Spitt ing law inforce in

Goa. 16. That I am aware that the sound of the music played shall be

heard only within the shack and only 2 speakers of 50 watt each is allowed. Loud /amplified music is strictly banned. All conditions as per Noise Pollution and Control Rules shall be strictly followed.

17. That for holding wedding parties, fashion shows, sports

activities etc which involve beach area, seperate permission has to be obtained from the Department of Tourism and separate charges shall be levied.

18. That I shall procure health card for all my employees

working in the Shack/Huts/Tents. Detailed information including photos, etc. of the employees shall be maintained and also informed to the nearest Police Station.

19. That I am aware that in case any information submitted by me

as above is found to be incorrect, the N.O.C. granted to me shall be cancelled and the N.O.C. fee paid and the security deposit shall be forfeited to the Government Treasury and I shall be debarred from applying for shack/Huts/Tents in private property for the next three years/tourist season.

20. That I shall follow all the relevant clauses of the shack policy

2012-2013 as applicable to private shacks/huts/tents.

DEPONENT

(Format for Affidavit for N.O.C. for erection of temporary Shack/Huts/

Tents in the Private Property in ‘Turtle Nesting Areas Viz: Morjim, Mandrem, Agonda & Galjibag’ for the tourist season 2012-13)

A F F I D A V I T

I, ____________________________ son/wife of ____________________ ( Name o f the Appli ca nt)

_____________________ residing at _________________________________

(Full residential address with house/ward no. of Village Panchayat concerned)

________________________________________________________________

do solemnly aff irm and state as under: - 1. That I have submitted application to the Department of Tourism, Panaji, for

grant of N.O.C. for erection of Temporary Shack/ ___________ Nos. Huts/Tents in private property bearing Survey No.___________ Sub. Div _________ situated at ___________ Village of ____________Taluka from October 2012 to 31st May, 2013 in the prescribed form.

2. That I shall abide by the “Terms and Conditions” governing the

grant of N.O.C. for erect ion of Temporary Shack/Huts/Tents in private property read with beach Shack Policy 2012 -13 and Hon’ble High Court Orders in Writ Petit ion No.167/2007 and all other Orders relat ing to the erection of Shacks, Huts/Tents passed from time to time. And that I shall only erect deck beds, umbrellas, tables & chairs in my private property and not on the beach in front of my property nor any identif ied beaches of Goa either during day or night t ime.

3. That in the event I am issued N.O.C. for erection of Temporary Shack/Huts/Tents, I

undertake to abide by the local laws including that of the Village Panchayat / Municipality, Health Department’ Food & Drugs Administration (FDA), Fire Services, Excise Department, Electricity Department, Public Works Department, Police Department, Commercial Taxes etc. and shall obtain requisite license for erection and carrying out of business of serving food and beverages.

4. That I will procure and maintain a mobile toilet adjacent to my Shack/Huts/Tents for the convenience of customers / tourists.

5. That I shall supply drinking water to the customers / tourists meeting FDA

standards. 6. That in the event of any complain received against me with documental proof the

N.O.C. granted for operation of Shack/Huts/Tents shall be surrendered by me. 7. That in the event of grant of N.O.C. for erection of temporary

Shack/Huts/Tents in my Private property, no foreigner shall be permitted to work in Shack/Huts/Tents without work visa and that in case of violat ion of the terms and conditions, the N.O.C. shall be cancelled.

8. That I have not been convicted of any criminal offence as of date of

applicat ion. 9. That I agree to register my activit ies of Huts/Tents under Tourist

Trade Act 1982, as per rule. 10. That I am aware that in case of violation of the “Terms &

Conditions”, the N.O.C. issued for erection of temporary Shack/Huts/Tents shall be cancelled forthwith, Security Deposit shall be forfeited to Government Treasury, Shack/Huts/Tents shall be demolished at my risk and cost and I shall be debarred for applying for Shack/Huts/Tents for a minimum period of three years/tourist seasons.

11. That I agree to assist the Lifeguards on duty for safety of l ives as and

when required.

12. That I agree to assist Department of Tourism, Tourist Security Force and the Police in report ing suspicious activit ies along the beaches such as pedophilia, drug peddlers of banned substances and any suspicious terrorist.

13. That I agree to prevent act ivit ies such as of the lamanis, beggars,

masseurs, touts, hawkers etc. from and around the Shack/Huts/Tents. 14. That I am fully aware of my responsibi l i t ies towards keeping the

environment clean and hygienic and free from all kinds of pollut ion. 15. That I am aware of the Anti Smoking and Spitt ing law inforce in Goa.

16. That I am aware that timing for operation of Shack shall be from 7.00 a.m. to 11.00 p.m. and no loud music shall be played beyond 10.00 p.m.

17. That I am aware that the sound of the music played shall be heard

only within the shack and only 2 speakers of 50 watt each is allowed. Loud/ amplified music is strictly banned. All conditions as per Noise Pollution Rules shall be strictly followed.

18. That for holding wedding parties, fashion shows, sports activities

etc which involve beach area, a separate permission has to be obtained from the Department of Tourism and separate charges shall be levied.

19. That I shall procure health card for all my employees working in

the shack/Huts/Tents. Detailed information including photos, etc . of the employees shall be maintained and also informed to the nearest Police Station.

20. That I am aware that the Nesting is found to be affected by the

artificial lights. The Turtles get disoriented if artificial ligh ts are used; hence no lights shall be used towards the Sea ward direction.

21. That the Nesting sites should not be subjected to any compaction

of beach sand viz. organizing any sports and game on beach, like Football, Volleyball, Cricket etc., joy rides on a ny animals like Camels, Horses, Elephants, etc. joy rides or any use of vehicles including Auto-vehicles etc..

22. That there should not be any noise leading to pollution of the

area. 23. That there should not be any activity, which is likely to damage

or disturbance the littoral flora and fauna of the nesting sites. 24. That depositing of debris, Garbage, Dust, Chemicals etc. is

strictly prohibited. 25. That no disturbance to sand formation on the coast used for

nesting shall be allowed. 26. That all the human activities on the nesting coasts should cease

from dusk to sunrise.

27. That I agree to inform Forest Department (Range Forest Officer) / nearest Police Station any incidents of nesting, and shall actively co-operate with the protection staff, in protection of turtle, t urtle nesting site, turtle eggs hatching etc..

28. That I am aware that in case any information submitted by me as

above is found to be incorrect, the N.O.C. granted to me shall be cancelled and the N.O.C. fee paid and security deposit shall be forfeited to the Government Treasury and I shall be debarred from applying for shack/Huts/Tents in private property for the next three years/tourist season.

29. That I shall follow all the relevant clauses of the shack policy 2012 -

2013 as applicable to private shacks/huts/ tents.

DEPONENT