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Panaji, 29th June, 2020 (Asadha 8, 1942)

SERIES I No. 13

Reg. No. G-2/RNP/GOA/32/2018-2020

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

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

EXTRAORDINARY

No. 3

GOVERNMENT OF GOA

Department of Home

Home—General Division

Public Notice

2/7/2018-HD(G)

The following draft of the proposed

legislation Goa (Tenant and Guest Registration

and Verification) Bill, 2020 (hereinafter referred

to as the “said Bill”) is hereby pre-published

for the information of all public inviting

suggestions/comments to the said draft bill

within a period of 10 days from the date of

publication of this Public Notice in the Official

Gazette.

All suggestions/comments to the said

draft bill may be submitted by email on

“[email protected]” to the office of

Additional Secretary to the Government of

Goa, Home Department, Secretariat, Porvorim,

before the expiry of the said period of 10

days from the date of publication of this

Public Notice in the Official Gazette, so that

they may be taken into consideration by the

Government.

DRAFT

The Goa (Tenant and Guest Registration

and Verification) Bill, 2020

(Bill No. of 2020)

BILL

In order to provide better security to the

residents of Goa, and for purposes connected

therewith and incidental thereto.

Be it enacted by the Legislative Assembly

of Goa in the Seventy Year of the Republic

of India, as follows:—

1. Short title, commencement and

application.— (1) This Act may be called the

Goa (Tenant and Guest Registration and

Verification) Act, 2020.

(2) It shall come into force at once.

(3) It applies to entire State of Goa.

2. Definitions.— In this Act, unless the

context otherwise requires,—

(a) “Co-operative housing society”

means a society as defined in section 102

of The Goa Co-operative Societies Act,

2001;

(b)

“Government”

means

the

Government of Goa;

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stay in the house of other person or in

Hotel (lodging or guest house) on payment

of any rent and shall include Foreigners

as defined under sec. 2 (A) Foreigners Act,

1946 but does not include—

(iii) family guests who arrive to stay

to attend any family programme; or

(iv) friends who visit to family and

stay with the family members.

(d) “house” means any building/

/structure temporary or permanent nature,

or part of a structure, which is, or is

intended to be, let separately for use as

a residence or for commercial use or for

any other purpose, and includes the

garden, ground and out-houses, if any,

appertaining to such structure or part of

the structure; but does not include a room

in a hotel or lodging house or guest house

which is registered under the Goa, Daman

and Diu Registration of Tourist Trade Act,

1982.;

(e) “hotel-keeper” means any person

who owns or operates a hotel or lodging

house as proprietor and includes a person

managing or operating the affairs of a

hotel or lodging house for and on behalf

of the proprietor;

(f) “Hotel or lodging house or guest

house” means any premise or part of

premises

including

house-boat,

restaurant, bar or a tent where lodging

with or without board or any kind of

eatables or beverages is provided for a

monetary consideration and registered

under the Goa, Daman and Diu Registration

of Tourist Trade Act, 1982.;

(g) “member of the family” means— All

the persons who are in related to the

owner either by blood or through marriage

and also include family friends.

(h) “owners of the houses” means a

person who, for the time being, is

receiving, or is entitled to receive, the rent

of any house, whether on his own account

or on account of, or on behalf of, or for

the benefit of, any other person or as a

trustee, guardian or receiver for any other

person or who would so receive the rent

or be entitled to receive the rent, if the

premises were let to a tenant;

(i) “prescribed” means prescribed by

rules made under this Act;

(j) “relevant law” means the State or

Central Act and the rules, regulations,

notifications and orders framed/issued

thereunder;

3. The provision of this Act to be in

addition to any other law for the time being

in force.— Nothing in this Act shall be

deemed to affect the operation of any other

law and the provisions of this Act shall be

in addition to and not in derogation of the

provisions of such other law.

4. Verification and Registration of tenant.—

(1) All the owners of the houses, and the

hotel-keeper of all hotels or lodging house,

guest house in the State of Goa should verify

the bonafide of the persons through their

proof of identity such as Election card,

driving License, Aadhar card, Passport or

any other documents as may be notified by

the Government in the Official Gazette before

they are allowed to stay in their premises.

(2) All the hotel-keeper of all hotels or

lodging house, guest house in the State of

Goa should keep Tenants/Visitors/Guests

Verification information with photo identity

record online or manually in the prescribed

form and should produce on demand to the

Police authority or any other authority as

may be notified by the Government from

time to time in a period as may be prescribed.

(3) All the Owner of the houses should

submit the tenant verification information in

prescribed form to the Police Station of the

said area within 7 working days of a tenant

being allowed to stay in their premises.

(5) (1) Owner of the house shall maintain

the record of the names, age, gender and

detail residential address (both temporary

and permanent) of the tenant allowed to stay

in the house, in such form and in manner

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as may be prescribed by Government or by

any Officer designated by the Government.

(2) The owner of the house shall produce

such register for the inspection of the Police

Officer not below the rank of Assistant Sub

Inspector or any other Officer as may be

designated in this regard by the Government.

(3) The owner shall provide the authen-

ticated photocopies or extract of such register.

6. Registration of existing Tenant.— On

the commencement of the Act, owners of the

houses, shall submit the required information

of existing tenants within a period of 30 days

to the Local Police Station.

7. Responsibility of Housing Cooperative

Societies.— (1) The Housing Cooperative

Societies shall be responsible to ensure that

the share holders of the Society shall submit

the information as provided under section 4

to the Local Police Station and copy of such

information submitted to the local Police

Station to be place in the record of the

Society.

(2) In case a Housing Cooperative Housing

Society finds that information of tenants is

not provided to the Local Police in the

prescribed period by the share holder to

whom the particular premises is allotted, the

Chairman of the Society shall submit or

cause to submit such information to the local

Police station.

8. Restriction about the number of

Occupants in a house.— The owner of the

house shall ensure that the number of tenants

allowed to occupy/stay shall not be

disproportionate to the size of the occupancy

approved

under

the

Goa

Land

Development and Building Regulation Act,

2008 and the construction license vis-a-vis

the occupancy certificate issued by the local

bodies viz. Village Panchayat, Municipal

Council, Municipal Corporation as the case

may be.

9. (1) No person shall allow the tenants

to occupy or stay in the house which has

not been constructed in accordance with the

provisions of the Goa Regulation of Land

Development and Building Construction Act,

2008.

(2) Any person who contravenes the

provision of sub-section (1) shall on

conviction

sentenced

simple

imprisonment of minimum six months which

may extend up to three years and a fine of

minimum rupees fifty thousand which may

extend up to rupees ten lakhs.

10. Provisions of the Building and Other

Construction

Workers

(Regulation

Employment and Conditions of Service) Act,

1996 shall strictly follows.— the provisions

of Building and Other Construction Workers

(Regulation of Employment and Conditions

of Service) Act, 1996 and rules made there

under should be strictly followed, while

providing the accommodation to the

construction workers at the construction site

or nearby.

11. Non submission of Information is a

Cognizable Offence.— The owners of the

houses, or the hotel-keeper of hotel or lodging

house, guest house or Housing Cooperative

Society (as the case may be) if they fail to

submit the information as provided in section

4 or section 5 or section 6 as the case may

be of this Act to the Local Police in the

prescribed form and within the prescribed

time he/she be presumed to have committed

an offence under this Act.

12. Powers of Verification.— Any Police

Officer not below the rank of incharge of

Police Station or Sub Inspector or any other

officer as authorised by the Government by

notification in this regard may inspect any

house (hotel and lodging house) to ensure

the implementation of the provision of the

Act, however with the prior permission of

Sub Divisional Magistrate or Deputy

Superintendent of Police.

13. False Information.— If any information

provided by the Guest or Tenant, on

verification found to be false or fabricated

and establish after conducting inquiry by

the Police or any other authority as may be

notified by the Government, such Guest or

tenant amount to committed an offence under

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section 51 of the Indian Penal Code. Provided

that no person shall be charge-sheeted,

unless a fair opportunity given to him.

14. Penalty.— (1) Notwithstanding anything

to the contrary contained in any other law

for the time being in force, whoever

contravenes any provisions of this Act shall,

conviction,

punished

with

imprisonment which may extend to One

Year or fine which may extend to

Rs. 50,000/- or with both.

(2) In case offence is committed more than

one time minimum penalty shall be

Rs. 1,00,000/- for every such offence.

(3) An offence under this Act shall be

congnizable and bailable.

15. Court competent to take cognizance,

and try offences.— No court other than the

Court of a Judicial Magistrate First Class

shall take cognizance of, and try an offence

under this Act.

16. Protection of action taken in good

faith.— No suit, prosecution or other legal

proceedings shall lie against any person for

anything which is in good faith done or

intended to be done under this Act or any

rule made hereunder.

17. Power to give directions.— The

Government may give direction to any

Government

Department

Agency,

Authority, local authority or other authority

or any person, under this Act with regard

to verification of tenant and such Government

Department or Agency, Authority, local

authority or other authority or person shall

be bound to comply with such directions.

18. Power to make rules.— The Government

may, by notification make rules for carrying

out all or any of the provisions of this Act.

19.

Power to remove doubts and

difficulties.— (1) If any difficulty arises in

giving effect to the provisions of this Act, the

Government may, by order published in the

Official Gazette make such provisions, not

inconsistent with the provisions of this Act

as appear to it to be necessary or expedient

for removing the difficulty:

Provided that no order shall be made

under this section after the expiry of two

years from the date of commencement of this

Act. Rules made under this section shall, as

soon as may be after it is made be laid before

the State Legislature.

(2) Every order made under this section

shall, as soon as may be after it is made be

laid before the State Legislature.

20. Summary trial of offences.— All offences

under this Act shall be tried summarily in

the manner provided for summary trial under

the Code of Criminal Procedure, 1973.

21. Composition of offences.— (1) The

Government may, by notification in the Official

Gazette, empower the Officer not below the

rank of Sub-Divisional Magistrate to

compound any offence committed under this

Act on payment of a sum not less than the

amount as may be notified by the Government

in the Official Gazette by way of composition

for the offence which such person is

suspected to have committed.

(2) On payment of such sum to such

Officer, the offender, if in custody shall be

released forthwith and no further proceedings

shall be taken against such offender.

By order and in the name of the Governor

of Goa.

Nilesh K. Dhaigodkar, Under Secretary

(Home).

Porvorim, 26th June, 2020.

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