Nuisance, Tourist Place, Tourism Potentiality
The Goa Tourist Places (Protection and Maintenance) Act, 2001
(Goa Act 56 of 2001), which has been passed by the Legislative
Assembly of Goa on 23-07-2001 and assented to by the Governor of
Goa on 5-09-2001, is hereby published for general information of the
S. G. Marathe, Under Secretary (Drafting).
Panaji, 12th September, 2001.
The Goa Tourist Places (Protection and
Maintenance) Act, 2001
(Goa Act 56 of 2001) (5-9-2001)
to protect and maintain the tourist places from deterioration and erosion
and preserve their tourism potential.
BE it enacted by the Legislative Assembly of the State of Goa in the
Fifty-second Year of the Republic of India, as follows:-
1.Short title, extent and commencement –
(1) This Act may be called the Goa Tourist Places (Protection and
Maintenance) Act, 2001.
(2) It extends to the whole of the State of Goa.
(3) It shall come into force at once. 2. Definition In this Act, unless the context otherwise requires,–
(a) “Competent authority” means the authority appointed under
section 4 of this Act;
(b) “Government” means the Government of Goa;
(c) ‘‘Nuisance” includes any act of commission or omission or carrying on of
any activity, process, operation including the operation of or plying of
vessels or boats or timber, raft or any other floating object in any part of
the sea, river, or port which causes or is likely to cause injury, danger,
annoyance to the sense of sight, smell or hearing or which is or may be
dangerous to life or injurious to health or property and includes oil
(d) “tourist place” means any place, site or location declared by the
Government as tourist place under section 3 of this Act and shall
include any land, monument, lake, river, beach or portion thereof;
(e) “tourism potentiality” means a tourist place where a person or
group of persons including pilgrims are likely to visit.
- Declaration of tourist places.- On and from the date of coming into
force of this Act, the Government may, by notification in the Official
Gazette, declare any place, monument, site, location to be a tourist
place for the purposes of this Act, including any river, riverbed, beach,
water spring, lake, water course or land, etc.
- Appointment of competent authority.-
Government may, by notification in the official Gazette, appoint any
gazetted officer of the Government to be a Competent Authority either
for the whole of the State of Goa or for each district of the State of Goa.
- Prevention of nuisance.- Notwithstanding anything contained in any other
law for the time being in force, or any instrument, contract or usage or
any order, judgement or decree of any court, on and from the date of
coming into force of this Act, –
(a) no person, company, association or firm or any other body shall
cause any nuisance or carry out any activity, process, operation, etc.,
including the operation of or plying vessels, boats, etc. or omit to prevent
or remove the nuisance, which damages or deteriorates or is likely to
damage or deteriorate or is capable of being damaged or deteriorated or
has damaged or deteriorated the tourism potentiality of any tourist place,
declared as such, under section 3 of this Act. (b) the competent authority, either on its own motion or upon a
complaint received or upon reference made to it, may, by an order in
writing and without giving any prior notice, prohibit any nuisance being
caused or prevent any such activity, process, operation as referred to in
clause (a) above being carried out, if in the opinion of the said competent
authority, it has damaged or deteriorated or is likely to damage or
deteriorate the tourism potentiality of any tourist place, and pass such
interim orders as it deems fit to give effect to the objects of this Act.
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