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Panaji, 5th October, 2020 (Asvina 13, 1942)

SERIES I No. 27

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. 2

GOVERNMENT OF GOA

Department of Panchayati Raj &

Community Development

Directorate of Panchayats

Notification

19/DP/Allot. of shop/19-20/4141

1. Whereas the draft Rules of the Goa

Panchayat (Allotment of premises on rent built

in Panchayat area) Rules, 2020, was

prepublished as required by sub-section (1)

of section 240 of the Goa Panchayat Raj Act,

1994 (Goa Act 14 of 1994) in the Official

Gazette (Extraordinary), Series I No. 17, dated

24th July, 2020 under Notification No. 19/DP/

Allot. of shop/19-20/4141 dated 23-07-2020 of

the Department of Panchayat Raj and

Community Development, inviting objections

and suggestions from all persons likely to be

affected thereby before the expiry of 15 days

from the date of publication of the Notification

in the Official Gazette.

And whereas the said Gazette was made

available to the public on 24-07-2020.

And whereas on receiving the objection,

the aggrieved person suggestion/objection

was heard and report was send to

Government for approval.

And whereas the Government has

approved the report to retain the rules as in

the draft.

Now, therefore, in exercise of the powers

conferred by sub-section (1) of section 5 read

with sub-section (1) of section 240 of the Goa

Panchayat Raj Act, 1994 (Goa Act 14 of 1994),

the Government of Goa hereby makes the

following rules namely Goa Panchayat

(Allotment of premises on rent built in

Panchayat area) Rules, 2020:—

1. Short title and commencement.— (1)

These rules may be called the Goa Panchayat

(Allotment of premises on rent built in

Panchayat area) Rules, 2020.

(2) They shall come into force on the date

of their publication in the Official Gazette.

2. Definitions.— In these rules, unless the

context otherwise requires,—

(a) “Authority” means the Authority

specified in rule 3;

(b) “premises” means the premises built

through Government funds or Panchayat

funds in a Panchayat area and includes

shop, kiosk, soppo, vacant open space

therein;

premises to be allotted on rent after

completion of bidding;

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(d) “bidding” means offering of

particular amount/rent by bidder for

premises to be allotted on rent;

(e)

“Government”

means

the

Government of Goa;

(f) “allotment” means allotment of

premises on rent to highest bidder by

public auction;

Words and expressions used herein but not

defined shall have the same meaning as

assigned to them in the Act.

3. Authority and its functions.— (1) The

Authority shall consist of,—

(a) Member of Legislative Assembly

(MLA) elected from the constituency

comprising concerned Village Panchayat …

Ex-officio member;

(b) The Sarpanch of the concerned

Village Panchayat …….. Chairperson;

concerned Village Panchayat…..Member;

(d) The Block Development Officer of the

concerned Block…….Member;

(e) Village Panchayat Secretary of the

concerned Village Panchayat ………

Member Secretary.

(2) The Authority may co-opt not more than

two members who are subject matter expert

who shall be paid such sitting fees by the

Panchayat as may be decided by Director of

Panchayat from time to time.

(3) The Authority shall follow the procedure

specified in these rules for allotting the

premises and also guide the Panchayat in that

connection. The Village Panchayat Secretary

of the concerned Village Panchayat shall

convene quarterly meeting of the Authority

and as and when desired by the Sarpanch of

Panchayat.

(4) The Authority shall follow bidding

process in a transparent manner and

recommend the highest bidder to the Village

Panchayat for allotment of premises/shop/

kiosk/soppo.

(5) The Authority shall lay down the

procedure of it’s meeting. The record of it’s

meeting shall be preserved in the Panchayat

under the supervision of Block Development

Officer.

(6) The Authority shall supervise the

working of the Maintenance Committee.

(7) The Authority may recommend to the

Village Panchayat to allot 10% of the total

space of the building to be used for certain

purposes as it may decide in public interest.

4. Maintenance Committee of the premises

and its functions.— (1) The Maintenance

Committee of the premises shall consist of:—

(a) Sarpanch of the concerned village

Panchayat … Chairperson;

(b) Deputy Sarpanch of the concerned

village Panchayat … Member;

Junior Engineer from Public Works

Department and Assistant Engineer from

Electricity

Department,

all

having

jurisdiction over concerned Panchayat

area.……Members;

(d) Secretary of concerned village

Panchayat … Member-Secretary.

(2) The Maintenance Committee shall guide

the

Authority

and

Panchayat

about

maintenance of the premises including it’s

repairs, painting, cleaning and also about

disposal of garbage from Panchayat area in a

scientific manner.

(3) The Maintenance Committee shall also

guide the Panchayat about imposition of fines

and penalties, parking of vehicles, answering

periodic audit inspections, and to carry out

weekly inspections.

(4) The Maintenance Committee shall

recommend to the Village Panchayat about

the repair works to be carried out, who in

turn, after following codal formalities, shall

carry out the work.

5. Tendering and allotment of premises.—

(1) Allotment of premises should be done by

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keeping social responsibility in mind,

inclusiveness of local inhabitants and welfare

of local talent, weaker sections of society, local

unemployed youth, Startups, Socially

beneficial enterprise, Government entities i.e.

Public Works Department, Electricity

Department, Post office, Police outpost, etc.,

by considering public purpose to be

achieved.

(2) All the displaced vendors of the locality

shall be given preference. Further, preference

shall be given to persons who are to be

rehabilitated. If any person donates land to

the Panchayat, than preference be given to

such person as per understanding reached

between them.

(3) Wide publicity shall be given of the

premises available for allotment by

advertising in newspaper along with the

timing of the bidding, time period of

allotment, contractual obligations of allotees,

circumstances under which the allotment

becomes void, list of available spaces, spaces

to be allotted to Government entities, etc.

(4) All allotment is to be carried out in a

transparent manner.

(5) The area and rent calculation of the

premises shall be determined by the Public

Works Department (PWD) on a yearly basis

and communicated to the Authority. These

figures shall act as a baseline to prevent loss

of rent.

(6) The Authority may arrive at the fair rent

for soppo but not less than the rates fixed by

Public Works Department (PWD).

(7) The tender procedure shall be as per

codal norms.

(8) Allotment of premises shall be done to

the highest bidder on the terms and

conditions as fixed by the Panchayat by

executing a leave and license Agreement.

6. Eligibility conditions.— (1) Any person,

including trust, partnership firm, company or

registered co-operative society registered in

Goa may submit their application in Form-I

for premises/shop/kiosk/soppo along with

following documents:

(a) Balance Sheet of three preceding

years.

(b) Document showing TDS with

minimum turnover of Rs 1,00,000 per

annum.

Competent Authority.

(d) Self-attested copy of Photo ID/EPIC/

/Adhar Card Copy.

(e) Self-attested copy of Certificate

showing birth in Goa and 25 years of

residence in Goa.

(f) Non-refundable and non-adjustable

Processing Fee of Rs._______/-

(g) Demand Draft from nationalized bank

towards

(i) Refundable Security deposit of

Rs. ______

(ii) EMD of Rs. ______

(h) Documents of previous displacement.

(2) In case of individual,— (a) the Applicant

must be major in age and ordinarily resident

of Goa for at least 25 years on the date of

application.

(b) the premises shall be for his own use

and should not be sublet.

declared insolvent and should be in a

position to pay rent and run a premises/

/shop/kiosk/soppo.

7. Condition of allotment.— (1) Applicant

can apply for only one premises/shop/kiosk/

soppo.

(2) EMD of Proxy applicants shall be

forfeited.

(3) Shop/Soppo can be put to specific use,

other than for banned items.

(4) The allottee shall use the allotted

premises/shop/kiosk/soppo only for the

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purpose for which it is let and shall not store

hazardous and inflammable items.

(5) Allottee shall not create noise pollution

or air pollution.

(6) Allottee shall obtain all statutory

clearances from the Authority concerned and

the Panchayat shall not be responsible for

any consequences arising out of failure to do

so.

(7) The application shall be summarily

rejected if it is not accompanied with required

documents.

(8) The application and documents shall

be scrutinize by the Authority.

(9) The allottee shall have to make the

premises/shop/kiosk/soppo functional within

two months from the date of taking possession

and submit the affidavit declaring allotted

premises as functional.

(10) Without prejudice to the right of

cancellation of allotment, the Panchayat may

extend time for making premises/shop/kiosk/

soppo functional, for a maximum period of

another 2 months with penalty as specified

under:

(a) For first four weeks the penalty shall

be 4% of total rent.

(b) For second four weeks the penalty

shall be 6% of total rent.

Thereafter, the allotment shall be liable to

be cancelled and the amount deposited till

the date of cancellation shall be forfeited in

favour of the Panchayat and the allottee shall

have no right to claim compensation thereof.

(11) Waste disposal shall be done by the

allottee as per the law in force.

(12) Fire Safety Certificate shall be obtained

by Allottee and shall be renewed.

(13) GST certificate shall be obtained.

8. Payment schedule.— The Allottee shall

pay the rent fixed by Public Works

Department/Authority by 5th of the

subsequent month, failing which, interest at

the rate of 8% per annum shall be recovered

from the Allottee.

9. Execution of agreement.— (1) The

allottee shall be required to enter into a leave

and license Agreement at the time of taking

possession of the premises/shop/kiosk/soppo

within 30 days from the date of allotment

order. If the allottee fails to execute said

agreement as mentioned above within said

30 days, the allotment shall be deemed to be

cancelled.

(2) The Panchayat may cancel the

allotment, if in its opinion it is necessary in

larger public interest.

(3) The Panchayat shall enhance the annual

rent on expiry of every one year from the

date of execution of the Agreement by 5% of

the annual rent payable at the time of such

enhancement.

(4) All the funds received as rent shall be

deposited in the concerned village Panchayat

account and shall be utilized as under:—

(a) 30% of the rent received shall be used

for the purpose of maintenance/repair of

the Panchayat building, payment of

common facilities including power bills,

water bills, etc.

(b) The balance 70% of the rent received

shall be the income of the Panchayat.

10. Missuse of premises prohibited.— (1)

The allottee shall not use the allotted

premises/shop/kiosk/soppo, etc. for any

purpose other than for which the same has

been allotted.

(2) The allottee shall not be entitled to

divide/sublet the premises/shop/kiosk/

/soppo etc., or amalgamate it with any other

premises/shop/kiosk/soppo.

(3) In case of violation of the above

conditions, allotment shall be liable to be

cancelled and possession of the premises/

/shop/kiosk/soppo etc. along with fixtures,

fittings thereon, shall be the property of

Panchayat without any compensation to the

lessee.

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11. Liability to pay taxes, etc.— The allottee

shall be liable to pay all rates, taxes, charges

and assessment of every description

imposed by any Authority empowered in this

behalf.

12. Termination/cancellation of allotment.—

(1) The Panchayat shall cancel allotment and/

or terminate Agreement if,

(a) allotment being obtained through

misrepresentations/suppression of material

facts;

(b) allottee violates any directions issued,

or violates any law or rules or regulations

framed under there or directions of

Panchayat, Maintenance committee,

Authority, Pollution Control Board or by any

other statutory body;

deposit security amount, rent payable, etc.;

(d) Breach of terms and conditions of

allotment or Agreement.

(2) In the event of cancellation under

clauses (a), (b) and (d) above, the entire

deposits till the date of cancellation shall be

forfeited and possession of the premises shall

be resumed by the Panchayat and the allotee

shall have no right to claim compensation

thereof.

(3) After termination of leave and license

Agreement, the allotee shall hand over vacant

peaceful possession of the premises to the

Panchayat. The allotee shall produce no dues

certificate

from

water

supply/

/Electricity Department and surrender the

original Agreement if it is in his possession.

(4) The Panchayat shall recover all its dues,

including rents payable from the security

deposit made by the allotee in favour of

Panchayat at the time of execution of leave

and license Agreement. All other dues

remaining unpaid shall be recovered as

arrears of land revenue.

13. Maintenance of premises.— (1) The

allottee shall bear the expenses towards

sewerage, electricity, and water connection

if not already availed to the premises.

(2) The allottee shall keep the premises and

building at all times in good state and good

sanitary condition to the satisfaction of the

Maintenance Committee and shall also keep

the surrounding area clean.

(3) The allotee shall abide all directions

issued by the Authority, Panchayat and

Maintenance Committee.

(4) In case of non-compliance of directions,

the Panchayat may impose fine on defaulters.

(5) If the maintenance work of any area is

not found satisfactory, then the required

maintenance work will be carried out by the

Panchayat and the expense incurred in

carrying out such work will be borne by the

allotee/s, collectively or in parts. The decision

of the Panchayat in this regards shall be final.

(6) The allottee shall not display or exhibit

any advertisement or placard in any part of

the exterior wall of the building, on the grills

of the windows, etc. except at a place

specified for the purpose by the Panchayat.

(7) The allottee shall keep essential

infrastructure/furniture inside the premises

and not fix onto the walls or floor.

(8) The allottee shall not damage premises

by way of writing, painting, fixing on the

walls.

(9) Occasional inspections to gauge the

cleanliness levels of the premises shall be

carried out by the Health Officer who shall

issue directions in writing to maintain the

standard of cleanliness and hygiene of

premises.

(10) CCTV shall be installed by the

Panchayat at strategic locations for safety and

security reasons.

(11) The Panchayat shall carry out regular

sweeping and swabbing of the entire

complex.

14. Other conditions.— (1) The Panchayat

reserves the right to make such additions/

alterations or modifications in the terms and

conditions of allotment from time to time as it

may consider just or/and expedient.

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(2) In case of any doubt regarding these

terms and conditions the decision of the

Panchayat shall be final and binding on the

applicant/allottee.

(3) If due to any ‘Force Majeure’ or such

circumstances beyond the control of

Panchayat, the Panchayat is unable to make

allotment or handover the possession of the

premises/shop/kiosk/soppo, the security

deposit will be refunded without any

interest.

(4) Any dispute between the Panchayat and

allottee shall be referred to the arbitration to

be decided by Secretary (Panchayats) to the

Government of Goa.

(5) All arrears due to the Panchayat shall

be recoverable as arrears of land revenue.

(6) The allotee shall not use the premises

for unlawful/illegal purposes or for storage

and sale of products considered as fire

hazard, such as, fire crackers, industrial

explosives, chemicals, etc. or for sale of

tobacco and tobacco products.

By order and in the name of the

Governor of Goa.

Narayan Gad, Director of Panchayats and

ex officio Joint Secretary.

Panaji, 30th September, 2020.

_______

FORM-1

Name of the applicant/trust/firm/company/society:

Address of the applicants/firm/company/society:

Registration No. of firm/company/society:

Contact No:

E-mail address:

PAN card No:

Nature of business:

Bid amount:

Signature

Seal

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