Procedure for conversion of use of land from one purpose to another

Section 32 of the Goa Land Revenue Code, 1968 deals with procedure for conversion of use of land from one purpose to another. [ If an occupant of land or a tenant of land, which is certified by the Director of Agriculture as not covered under the definition of the term "agricultural land" as defined in the Goa Restriction on Transfer of Agricultural Land Act, 2023 (Goa Act 18 of 2023)] If an occupant of land or a tenant of

(1) 31[ If an occupant of land or a tenant of land, which is certified by the Director of Agriculture as not covered under the definition of the term "agricultural land" as defined in the Goa Restriction on Transfer of Agricultural Land Act, 2023 (Goa Act 18 of 2023)] If an occupant of land or a tenant of such land- (a) which is assessed or held for the purpose of agriculture wishes to use it for a non-agricultural purpose, or (b) where land is assessed or held for a particular non-agricultural purpose, wishes to use it for another non-agricultural purpose, or (c) desires to use it for the same non-agricultural purpose for which it is assessed but in relaxation of any of the conditions imposed at the time of grant of land or permission for such non-agricultural purpose, such occupant or tenant shall, with consent of the tenant or, as the case may be, of the occupant, apply to the Collector for permission in accordance with the form prescribed. 32[Explanation .- For the purposes of this section the "Director of Agriculture" means the Director of the Directorate of Agriculture to the Government of Goa. Note :- The application for permission for conversion of use of land from one purpose to another under this sub-section shall be accompanied with a certificate issued by the Director of Agriculture certifying that the land is not covered under the definition of the term "agricultural land" as defined in the Goa Restriction on Transfer of Agricultural Land Act, 2023 (Goa Act 18 of 2023)] (2) The Collector, on receipt of an application,- (a) shall acknowledge the application within seven days;

(b) may, unless the Collector directs otherwise, return the application if it is not made by the occupant or, as the case may be, the tenant or if the consent of the tenant, or as the case may be, of the occupant has not been obtained, or if it is not in accordance with the form prescribed;

(c) may, after due enquiry, either grant the permission on such terms and conditions as he may specify subject to any rules made in this behalf by the Government; or 33[refuse the permission applied for, if the certificate issued by the Director of Agriculture certifying that the land is not covered under the definition of the term "agricultural land" as defined in the Goa Restriction on Transfer of Agricultural Land Act, 2023 (Goa Act 18 of 2023) is not produced by the applicant, or][refuse the permission applied for], if it is necessary so to do to secure the public health, safety and convenience or if such use is contrary to any scheme for the planned development of a village, town or city in force under any law for the time being in force and in the case of land which is to be used as building sites in order to secure in addition that the dimensions, arrangement and accessibility of the sites are adequate for the health and convenience of the occupiers or are suitable to the locality; where an application is rejected, the Collector shall state the reasons in writing of such rejection. 34[(3) The Collector shall take a decision on the application within a period of sixty days 35[ fourty five] from the date of receipt of the application and in case of his failure to do so, the person shall have the right to make an appeal to the Secretary (Revenue) to the Government who shall dispose of the appeal within a period of thirty days from the date of filing of appeal.] (4) The person to whom permission is granted. 3º[ *** ] under this section shall inform the Mamlatdar in writing through the village accountant of the date on which the change of user of land commenced, within thirty days from such date.

(5) 37[If the person fails to inform the Mamlatdar, within the period specified in sub-section (4), he shall be liable to pay, in addition to the non-agricultural assessment, such fine 38[penalty] as the Government may, by notification in the Official Gazette, specify, from time to time.] 39[(6) (i) For the purpose of conversion, the land in the State of Goa shall be categorized as below :- "A" Category: Coastal Panchayat areas and areas of five major towns, such as, Panaji, Mapusa, Ponda, Vasco and Margao; "B" Category: CensusTowns areas and areas of village panchayats adjoining said five major towns and other Municipal areas; "C" Category: Other Village Panchayat areas. code (ii) When the land is permitted to be used from one purpose to another, a sanad shall be granted to the holder thereof in the prescribed form, on payment of the fees hereinbelow :- ar (a) "A" Category areas: Double the rate specified in Table below.

(b) "B" Category areas: 1.5 times of the rate specified in Table below.

(c) "C" Category areas: As specified in Table below. 40[TABLE Serial No. Category Rate of fee per square meter for the land admeasuring an area Rate of fee per square meter for the land admeasuring C 2-150 FAR S 1-100 FAR Rs. 80/- per square metre. Rs. 60/- per square metre. Rs. 40/- per square metre. S 2-80 FAR I 2-80 FAR Rs. 40/- per square metre. Rs. 150/- per square metre.

(i) Commercial/Industrial housing in C1-200 FAR under 'A' class Municipalities and Coastal Areas. Rs. 120/- per square metre.

(b) Commercial/Industrial housing in C2-150 FAR under 'A' class Municipalities and Coastal Areas.

(ii) For any constructions- (a) in Coastal villages falling within Rs. 150/- per square metre. 500 metres from HTL (b) beyond 500 metres from HTL Rs. 80/- per square metre.

Provided that no such fees shall be leviable in cases where sanad is granted - (i) for an area not exceeding two hundred square metres;

(ii) for the purpose of churches, temples, mosques, gurudwaras, sports, hospitals or educational, charitable, cultural or religious institutions.] not exceeding 500 square meters an area exceeding 500 square meters 1. Residential S-1 Rs. 100/ 2 times extra as mentioned in column (3) S-2 Rs. 80/ S-3 Rs. 70/ S-4 Rs. 60/ SPR (Special Residential) Rs. 180/ 2. CommercialC-1 Rs. 460/ 2 times extra as mentioned in column (3) C-2 Rs. 410/- C-3 Rs. 350/ C-4 Rs. 300/ Special Commercial (SPC) FAR below 80 Rs. 220/ 3. Industrial Rs. 130/ 2 times extra as mentioned in column (3) 4. Recreational Zone Rs. 45/ 2 times extra as mentioned in column (3) 5. Traffic and Transport Zone Rs. 120/ 2 times extra as mentioned in column (3) 6. Public (Institutional and Government) Rs. 120/ 2 times extra as mentioned in column (3) Explanation :- For Village Panchayat-1 and Village Panchayat-2 categories the conversion fees as applicable to S-2 and S-3 category respectively, shall be charged.] Provided that no such fees shall be leviable in cases where sanad is granted for the purpose of churches, temples, mosque, gurudwaras:

Provided further that when the land to be used for the purpose of sports, health, education, 41[charitable or cultural institutions, housing by a co-operative housing society formed bythe Government employees or the accredited journalists registered with the Directorate of Information and Publicity, Government of Goa] the Government may, by notification in the Official Gazette, exempt from payment of said fees.] 42[(6A) The Government may, by notification in the Official Gazette, amend 43[add to, or omit from, or otherwise amend] any entry in the Table specified in clause (ii) of sub-section (6) and thereafter such Table shall be deemed to have been amended accordingly. (6B) Every notification issued under sub-section (6A) shall be laid as soon as may be after it is made on the table of the Legislative Assembly while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly agrees in making any modification in the notification or the Legislative Assembly agrees that the notification should not be made and notify such decision in the Official Gazette, the notification shall from the date of publication of such decision have effect only in such modified form or to 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 or omitted to be done under that notification.] (7) It shall be lawful for the Collector, either on his own motion or on the application of a person affected by the error to direct at any time the correction of any clerical or Rs. 520/ arithmetical error in the sanad arising from any accidental slip or omission. 44[32A. Grant of sanad in Settlement Zone .- Notwithstanding anything contained in section 32 of this Code, any land demarcated as settlement zone in the Outline Development Plan and/or the Regional Plan as duly notified under the Goa, Daman and Diu Town and Country Planning Act, 1974 (Act No. 21 of 1975), the Collector shall grant permission to use the land for such purpose permissible under the Goa, Daman and Diu Town and Country Planning Act, 1974 (Act No. 21 of 1975) or the Regulation framed thereunder in respect of Settlement Zone and issue sanad to the applicant subject to payment of fees as specified under sub-section (6) of section 32 of the Code]

Section 32, The Goa Land Revenue Code, 1968 (Act 9 of 1969).