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Panaji, 16th October, 2017 (Asvina 24, 1939)

SERIES I No. 28

Reg. No. G-2/RNP/GOA/32/2015-2017

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

Department of Urban Development

Notification

11/46/2017-DMA/2025

In exercise of the powers conferred by

sub-section (1) and clause (v), (w), (x), (y), (zf)

of sub-section (2) of section 84 of the Real

Estate (Regulation and Development) Act,

2016 (Central Act 16 of 2016) and all other

powers enabling it in this behalf, the

Government of Goa hereby makes the

following rules, namely:—

CHAPTER I

Preliminary

1. Short title and commencement.— (1)

These rules may be called the Goa Real Estate

(Regulation and Development) (Appellate

Tribunal Members, Officers and Employees

Appointment and Service Conditions) Rules,

2017.

(2) They shall come into force on the date

of their publication in the Official Gazette.

2. Definitions.— (1) In these rules, unless

the context otherwise requires,—

(a) “Act” means the Real Estate

(Regulation and Development) Act, 2016

(Central Act 16 of 2016);

Suggestions are welcomed on e-mail: dir–[email protected]

EXTRAORDINARY

No. 2

(b) “Appellate Tribunal” means the Goa

Real Estate Appellate Tribunal established

under sub-section (1) of section 43;

these Rules;

(d) “Government” means the Govern-

ment of Goa;

(e) “member” means the member of the

Appellate Tribunal;

(f) “section” means section of the Act;

(g) “Selection Committee” means the

Selection committee specified in sub-

-section (3) of section 46;

(h) “State” means the State of Goa.

(2) Words and expressions used and not

defined in these Rules but defined in the Act,

shall have the same meanings respectively

assigned to them in the Act.

CHAPTER II

Appointment of Members

3. Appointment of Members of the Appellate

Tribunal.— (1) The Government shall make a

reference to the Selection Committee for

appointment of Members or when any

vacancy in the office of the member arises, or

likely to arise, in the Appellate Tribunal.

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(2) The Selection Committee may, for the

purpose of selection of the Members, follow

such procedure as it may deem fit.

(3) The Selection Committee shall make a

recommendation to the Government in the

form of a select list of not more than three

persons in the order of preference, to fill the

vacancy or vacancies of the member/

/members referred to by the Government, in

each category.

(4) The Selection Committee shall make its

recommendations to the Government, within

a period of sixty days from the date of

reference made under sub-rule (1).

(5) The Selection Committee shall normally

hold its meetings at Panaji or at such place

in the State, as may be decided by the

Chairperson of Selection Committee.

(6) The Notice/Agenda, as the case may be,

for the meeting of the Selection Committee

shall be issued by the convenor after fixing

the date and venue for such meeting in

consultation with the Chairperson of the

selection committee.

(7) The Secretary-in-charge of the Urban

Development Department shall be the

convenor of the Selection Committee.

4. Appointment of Members.— The

Government shall consider the recommen-

dations of the Selection Committee for the

appointment of Members in the order of

preference as recommended by the Selection

Committee. If the Government appoints person

not according to such order of preference, the

Government shall record the reasons in

writing therefor.

CHAPTER III

Salary and Allowances

5. Salary and allowances and other

conditions of service of Chairperson and

Members of the Appellate Tribunal.— (1) The

salaries and allowances payable to the

Chairperson and Members of the Appellate

Tribunal shall be as follows:—

(a) The Chairperson shall be paid a

monthly salary equivalent to the Judge of a

High Court.

(b) Member shall be paid a monthly

salary equivalent to that of the Chief

Secretary of the Government.

(2) Leave.— The Chairperson and every

Member shall be entitled to thirty days of

earned leave for every year of service.

(3) Leave Sanctioning Authority.— Leave

Sanctioning Authority in case of,—

(a) the Chairperson shall be the Chief

Justice of High Court of Bombay; and

(b) the Member shall be the Chairperson.

(4) The other allowances and conditions of

service of the Chairperson and the Members

of the Appellate Tribunal shall be as per the

Order issued by the Government, from time

to time:

Provided that, such entitlement shall not be

less than what he is otherwise eligible in case

of serving Government servant.

6. Term of office.— (1) The term of office of

the Chairperson and Members of the Appellate

Tribunal shall be as specified in section 47.

(2) When the Chairperson is unable to

discharge his functions owing to death,

resignation, absence, illness or any other

cause, the senior-most Judicial Member

(in order of appointment) of the Appellate

Tribunal holding office for the time being shall

discharge the functions of the Chairperson

until the day on which the Chairperson

resumes the charge of his functions or till such

vacancy is filled.

7. Oath of office and secrecy.— (1) Every

person appointed as the Chairperson of the

Appellate Tribunal shall, before entering upon

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his office, make and subscribe an Oath of

Office and Secrecy, in Form I and Form II,

respectively, appended to these Rules, before

the Chief Justice of the High Court of Bombay.

(2) Every person appointed as a Member

shall, before entering upon his office, make

and subscribe an Oath of Office and Secrecy,

in Form I and Form II, respectively, appended

to these Rules, before the Chairperson of the

Appellate Tribunal.

8. Declaration of financial or other

Interest.—

Before

appointment,

the

Chairperson and the Members shall give an

undertaking in Form III appended to these

Rules, that they does not and will not have

any such financial or other interest as is likely

to affect prejudicially their functions as such

Chairperson or Member.

CHAPTER IV

Procedure for inquiry and removal of Chairperson

and Members

9. Procedure of inquiry.— (1) Whenever the

Government is of the opinion that there is

reasonable ground for making an inquiry

against the Chairperson or Member on the

grounds specified in sub-section (1) of section

49, the Government may, after consulting Chief

Justice of the Bombay High Court, appoint a

Judge of the High Court for the purpose of

conducting such inquiry.

(2) The Government shall inform the

charges against the Chairperson or Member,

as the case may be, to the Judge so appointed.

(3) The Government shall forward to the

Judge so appointed, copies of,—

(a) the statement of charges against the

Chairperson or Member, as the case may

be; and

(b) material documents and other

evidences relevant to the inquiry.

10. Manner of Inquiry.— (1) The Judge so

appointed, shall deliver or cause to be

delivered to the Chairperson or Member, as

the case may be, a copy of the statement of

charges and a list of documents, if any, and

shall require him to submit within such time

as may be allowed, a written reply or

statement of his defence.

(2) The Judge shall be guided by the

principles of natural justice and shall have

power to regulate his own procedure

including the fixing of place and time of the

enquiry.

(3) The Judge shall have, for the purposes

of discharging his functions under these

Rules, the same powers as vested in a civil

court under the Code of Civil Procedure, 1908

(Act 5 of 1908), while trying a suit, in respect

of the following matters, namely:-

(a) summoning and enforcing the

attendance of any person and examining

him on oath;

(b) requiring the discovery and

production of document;

(d) subject to the provisions of sections

123 and 124 of the Indian Evidence Act, 1872

(Act 1 of 1872), requisitioning any public

record or document or copy of such record

or document from any office.

(4) Where it is alleged that the Chairperson

or Member is unable to discharge the duties

of his office efficiently due to any physical or

mental incapacity and the allegation is denied,

the Judge may take necessary action as

deemed fit for the medical examination of the

Chairperson or Member, as the case may be.

(5) After the conclusion of the inquiry, the

Judge shall submit his report to the

Government stating therein his findings and

the reasons thereof on each charges

separately with such observations as he thinks

fit. The report of inquiry shall be submitted to

the Government along with the finding of the

inquiry clearly indicating the allegations that

are proved or otherwise.

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(6) On the basis of the report of the inquiry

so received from the Judge the Government

shall by Order decide either to remove or

otherwise the Chairperson or Member, as the

case may be.

CHAPTER V

Conditions of Service of Officers and other

employees of the Appellate Tribunal

11. Salary and allowances of officers and

employees of the Appellate Tribunal.— The

Government shall lay down the salary,

allowances and other terms and conditions of

the officers and employees of the Appellate

Tribunal as and when they are appointed in

consultation with the Chairperson of the

Appellate Tribunal.

————

FORM–I

(See rule 7)

Form of Oath of Office for the Chairperson/

/Members of the Goa Real Estate

Appellate Tribunal

I, ........................................................., having been

appointed as the Chairperson/Member (strike out

whichever is not applicable) do hereby solemnly

affirm/swear in the name of God, that I will faithfully

and conscientiously discharge my duties as the

Chairperson/Member (strike out whichever is not

applicable) of the Goa Real Estate Appellate

Tribunal, to the best of my ability, knowledge

and judgement, without fear or favour, affection

or ill-will.

(Name of the Chairperson/Member)

Goa Real Estate Appellate Tribunal.

FORM–II

(See rule 7)

Form of Oath of Secrecy for the Chairperson/

/Members of the Goa Real Estate

Appellate Tribunal

I, .......................................................................................

having been appointed as the Chairperson/Member

(strike out whichever is not applicable) do hereby

solemnly affirm/swear in the name of God, that I will

not directly or indirectly communicate or reveal to

any person or persons any matter which shall be

brought under my consideration or shall become

known to me as the Chairperson/Member (strike

out whichever is not applicable) of the Goa Real

Estate Appellate Tribunal except as may be required

for the due discharge of my duties as the

Chairperson/Member. (strike out whichever is not

applicable).

(Name of the Chairperson/Member)

Dated : Goa Real Estate Appellate Tribunal.

—————

FORM–III

(See rule 8)

Declaration against acquisition of any adverse

financial or other interest

I, ...............................................................................................,

having been appointed as the Chairperson/Member

(strike out whichever is not applicable) of the Goa

Real Estate Appellate Tribunal, do hereby solemnly

affirm and declare that I do not have, nor shall have

in future any financial or other interest which is

likely to affect prejudicially my functioning as the

Chairperson/Member (strike out whichever is not

applicable) of the Goa Real Estate Appellate

Tribunal.

(Name of the Chairperson/Member)

Dated: Goa Real Estate Appellate Tribunal

By order and in the name of the Governor

of Goa.

J. Ashok Kumar, IAS, Director & ex officio

Add. Secretary (Urban Development).

Panaji, 16th October, 2017.

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