The Goa Government on December 22, 2020 has issued the Goa Municipalities (Amendment) Ordinance, 2020 to further amend the Goa Municipalities Act, 1968.
The following amendments have been made:
• Section 88, which specifies the provisions regarding the transfer of municipal property, has been substituted, namely:
“No Council shall transfer any of its immovable property without the sanction of the Government: Provided that a Council may, for the purpose of construction of markets, shops or such other amenities intended for the overall development of the municipal area, associate private entrepreneurs in such projects on such terms and conditions including transfer of marketable title of the entire project or part thereof, with the approval of the Government.”
• Section 88A, which specifies the prohibition of unauthorized transfer of premises of the Council, has been inserted, namely:
“No person shall sub-let, or transfer or assign his right in, or part with possession of, the premises of the Council leased to him to any other person and no person shall accept such transfer, or assignment, or occupy any premises of the Council in contravention of the provisions of section 88.”
• Section 88B, which specifies the Penalty, has been inserted, namely:
“Whoever contravenes the provisions of sub-section (1) of section 88A shall be punishable with imprisonment for a term which may extend to three years or with fine of rupees two lakh or with both.”
• Section 88C, which specifies the offence to be cognizable and non-bailable, has been inserted, namely:
“An offence punishable under section 88B shall be cognizable and nonbailable.”
• Section 88D, which specifies the regularization of unauthorised transfer of premises of the council, has been inserted, namely:
“Where a lessee of the Council has sub-let, or transferred, or assigned his right in, or parted with possession of, the premises of the Council leased to him to any other person (transferee) before commencement of the Goa Municipalities (Amendment) Ordinance, 2020, such transferee shall, within a period of six months from such commencement make an application to the Chief officer, for regularization of his occupation of such premises executing a lease in such form as may be prescribed by the Government, along with the processing fee and transfer fee as specified in the table below and the supporting documents to show that the lessee has sub-let, or transferred, or assigned his right in, or parted with possession of the premises, to him.”
[Ordinance No. 13 of 2020]
