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Help us fight this amanedment. Please read it carefully and let us have your comments and suggestions for help. Heta Friends, The material below is a comparison of the TCP Act and the effect of the 2005 ordinance on the Act. The comparison is the work of several persons under the banner of the Goa Environment Federation. This list cannot accept attachments (tabulated into a Word file it becomes less unwieldy to read - if you like I can email it to you separately so let me know) so I have organised the material like this: the original material comes first, followed by the changes brought about by the 2005 ordinance. Finally, there is an explanation of the power of a state governor to promulgate ordinances and in what circumstances. This is a longish post as it includes the complete comparison assembled by the GEF. It has direct and serious implications for the work of the group and all those concerned and involved in any way with heritage conservation. -------------------------------------------------- As per the Goa Town and Country Planning Act, 1974 17. Revision of regional plan - If the Government, at any time after a regional plan has been published in the Official Gazette (...) is of the opinion that a revision of such regional plan is necessary, it may direct the Chief Town Planner to undertake the revision of the regional plan and thereupon the foregoing provisions of this Act relating to the preparation of the regional plan shall, as far as may be, apply to the revision of a regional plan under this section. (...) The words "but not earlier than five years there" deleted vide the Goa Town and Country Planning (Amendment) Act, 1988 (Act No. 1 of 1988) published in the Official Gazette (Extraordinary) Series 1 No. 49 dated 3.3.1988. --- As per the Goa Town and Country Planning (Amendment) Ordinance, 2005 17 (1) Revision of regional plan - If the Government, at any time after a regional plan has been published in the Official Gazette, is of the opinion that a revision of such regional plan is necessary, it may direct the Chief Town Planner to undertake the revision of the regional plan and thereupon the foregoing provisions of this Act relating to the preparation of the regional plan shall, as far as may be, apply to the revision of a regional plan under this section. (2)(i) Notwithstanding anything contained in sub-section (1), the Government may, upon an application filed by any holder of land, amend/alter, any part of the regional plan from time to time, and for such purpose, the provisions of this Act relating to the preparation of the regional plan shall, as far as may be, apply to the amendment/alteration of the regional plan: Provided however that the period for inspecting and inviting comments from the public shall not be less than fifteen days. (ii) The Regional plan shall stand amended/altered to the extent as permitted by the Government from time to time. -------------------------------------------------- As per the Goa Town and Country Planning Act, 1974 29. Preparation of Outline Development Plan - Every Planning and Development Authority shall, as soon as may be, and not later than one year from the date of its constitution or appointment, as the case may be, prepare, after consultation with the concerned local authority or authorities, if any, an Outline Development Plan for the planning area within its jurisdiction and submit it to the Government, through the Board, for provisional approval: Provided that on an application made by the Planning and Development Authority, the Government may, by order extent the aforesaid period by such further period or periods as it thinks fit. --- As per the Goa Town and Country Planning (Amendment) Ordinance, 2005 29(1) Preparation of Outline Development Plan - Every planning and Development Authority shall, as soon as may be, and not later than one year from the date of its constitution or appointment, as the case may be, prepare, after consultation with the concerned local authority or authorities, if any, an Outline Development Plan for the planning area within its jurisdiction and submit it to the Government, through the Board, for provisional approval. Provided that on an application made by the Planning and Development Authority, the Government may, by order extend the aforesaid period by such further period or periods as it thinks fit. Provided further that the Government may, upon an application filed by any holder of land, amend/alter, any part of the Outline Development Pima from time to time, and for such purpose, the provisions of this Act relating to the preparation of the Outline Development Plan shall, as far as may be, apply to the amendment/alteration of the Outline Development Plan: Provided however that the period for inspecting and inviting comments from the public shall not be less than fifteen days. (2) The Outline Development Plan shall stand amended/altered to the extent as permitted by the Government from time to time. -------------------------------------------------- As per the Goa Town and Country Planning Act, 1974 33. *(Power of Government to prepare Development Plan) - (1) If a Development Plan is not prepared, published and submitted to the Government by a Planning and Development Authority within the period specified in section 29 or section 31, as the case may be, or within the period extended under the proviso to the said sections (** or if the Government is of the opinion that such a plan is needed to be prepared by the Chief Town Planner), the Government may authorise the Chief Town Planner to prepare such plan and direct the cost thereof to be recovered from the Planning and Development Authority concerned out of its funds. *These words have been substituted for the words "Power of Government in case of default in Planning and Development Authority to prepare Development Plan" vide the Goa Daman and Diu Town and Country Planning (Amendment) Act, 1977 (Act No. 9 of 1977) published in the Official Gazette Series I No. 37 dated 15.12.1977. **These words have been inserted vide the Goa, Daman and Diu Town and Country Planning (Amendment) Act, 1977 (Act No. 9 of 1977), Published in the Official Gazette, Series 1 No. 37 dated 15.12.1977. --- As per the Goa Town and Country Planning (Amendment) Ordinance, 2005 33. Power of Government to prepare Development Plan - (1) If a Development Plan is not prepared, published and submitted to the Government by a Planning and Development Authority within the period specified in section 29 or section 31, as the case may be, or within the period extended under the proviso to the said sections, or if the Government is of the opinion that such a plan is needed to be prepared by the Chief Town Planner for any planning or non-planning area, the Government may authorise the Chief Town Planner to prepare such plan and direct the cost thereof to be recovered from the Planning and Development Authority concerned out of its funds, if the plan prepared is in respect of a planning area. -------------------------------------------------- As per the Goa Town and Country Planning Act, 1974 56. Making of town planning scheme and its scope - (1) Subject to the provisions of this Act, a Planning and Development Authority may for the purpose of implementing the proposals contained in the Development Plan, make one or more town planning schemes for the area within its jurisdiction or any part thereof, and shall submit such schemes in draft to the Government along with a plan showing the area proposed to be included. --- As per the Goa Town and Country Planning (Amendment) Ordinance, 2005 56. Making of town planning scheme and its scope - (1) Subject to the provisions of this Act, a Planning and Development Authority may for the purpose of implementing the proposals contained in the Development Plan, make one or more town planning schemes for the area within its jurisdiction or any part thereof, and shall submit such schemes in draft to the Government along with a plan showing the area proposed to be included. (1A) If the Government at any time feels it necessary so to do, the Government may, by order, direct the Chief Town Planner to make one or more town planning schemes for any area and thereupon the provisions of this Act relating to the preparation of such schemes shall, as far as may be, apply for the preparation of such Schemes by the Chief Town Planner: Provided however that in respect of such Schemes prepared by the Chief Town Planner, the procedures followed and powers exercised by the Planning and Development Authorities in respect of Schemes prepared by them, shall be followed and exercised by the Chief Town Planner. -------------------------------------------------- THE CONSTITUTION OF INDIA CHAPTER IV - LEGISLATIVE POWER OF THE GOVERNOR. 213. Power of Governor to promulgate Ordinances during recess of Legislature - (1) If at any time, except when the Legislative Assembly of a State is in session, or where there is a Legislative Council in a State, except when both Houses of the Legislature are in session, the Governor is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require: Provided that the Governor shall not, without instructions from the President, promulgate any such Ordinance if a) a Bill containing the same provisions would under this Constitution have required the previous sanction of he President for the introduction thereof into the Legislature; or b) he would have deemed it necessary to reserve a Bill containing the same provisions for the consideration of the President; or c) an Act of the Legislature of the State containing the same provisions would under this Constitution have been invalid unless, having been reserved for the consideration of the President, it had received the assent of the President. (2) An Ordinance promulgated under this article shall have the same force and effect as an Act of the Legislature of the State assented to by the Governor, but every such Ordinance: a) shall be laid before the Legislative Assembly of the State or where there is a Legislative Council in the State, before both the Houses and shall cease to operate at the expiration of six weeks from the reassembly of the legislature or if before the expiration of that period a resolution disapproving it is passed by the Legislative Assembly and agreed to by the Legislative Council, if any, upon the passing of the resolution or, as the case may be, on the resolution being agreed to by the Council; and b) may be withdrawn at any time by the Governor. Explanation - Where the Houses of the Legislature of a State having a Legislative Council are summoned to reassemble on different dates, the period of six weeks shall be reckoned from the later of those dates for the purpose of this clause. (3) If and so far as an Ordinance under this article makes any provision which would not be valid if enacted in an Act of the Legislature of the State assented to by the Governor, it shall be void: Provided that, for the purpose of this Constitution relating to the effect of an Act of the Legislature of a State which is repugnant to an Act of Parliament or an existing law with respect to a matter enumerated in the Concurrent List, an Ordinance promulgated under this article in pursuance of instructions from the President shall be deemed to be an Act of the Legislature of the State which has been reserved for the consideration of the President and assented to by him. --------------------------------------------------