1679
Panaji, 22nd December, 2020 (Pausa 1, 1942)
SERIES I No. 38
Reg. No. G-2/RNP/GOA/32/2018-2020
RNI No. GOAENG/2002/6410
PUBLISHED BY AUTHORITY
GOVERNMENT OF GOA
Department of Law
Legal Affairs Division
__
Notification
8/14/2020-LA
The Goa Municipalities (Amendment)
Ordinance, 2020 (Ordinance No. 13 of 2020),
which has been promulgated by the
Governor of Goa on 20-12-2020, is hereby
published for general information of the public.
D. S. Raut Dessai, Joint Secretary (Law).
Porvorim, 22nd December, 2020.
________
The Goa Municipalities (Amendment)
Ordinance, 2020
(Ordinance No. 13 of 2020)
Promulgated by the Governor of Goa in the
Seventy-first year of the Republic of India.
An Ordinance further to amend the Goa
Municipalities Act, 1968 (Act 7 of 1969).
Whereas, the Legislative Assembly of Goa
is not in session and the Governor of Goa is
satisfied that circumstances exist which
render it necessary for him to take immediate
action.
Now, therefore, in exercise of the powers
conferred by clause (1) of article 213 of the
Suggestions are welcomed on e-mail: dir–[email protected]
EXTRAORDINARY
No. 3
Constitution of India, the Governor of Goa is
pleased to promulgate the following
Ordinance, namely:—
1. Short title and commencement.—
(1) This Ordinance may be called the Goa
Municipalities (Amendment) Ordinance,
2020.
(2) It shall come into force at once.
2. Amendment of section 2.— In section 2
of the Goa Municipalities Act, 1968 (Act 7 of
1969) (hereinafter referred to as the “principal
Act”),-
(i) after clause (19), the following clause
shall be inserted, namely:—
“(19a) “holder” means a person who
is in possession of the building/land;”;
(ii) after clause (25), the following
clause shall be inserted, namely:—
“(25a) “member of family of lessee”
means lessee’s spouse, or son, or
unmarried daughter or father, or mother,
or grandson, or unmarried grand
daughter;”;
(iii) clause (55a) shall be re-numbered
as (55b) and before clause (55b) as
re-numbered, the following clause shall
be inserted, namely:—
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“(55a) “voters” means all the voters
whose names are entered in the list of
voters prepared and maintained under
section 11;”.
3. Amendment of section 9.— In section 9
of the principal Act, in sub-section (2), in
clause (a),-
(i)in item (i),-
(a) for the figures “3,000”, the figures
“2,500” shall be substituted;
(b) for the word “population”, the
words “voters in a municipal area” shall
be substituted;
(ii) in item (ii),—
(a) for the figures “10” and “3,000”,
the figures “12” and “2500” shall be
respectively substituted;
(b) for the word “population”, the
words “voters in a municipal area” shall
be substituted.
4. Substitution of section 88.— For section
88 of the principal Act, the following section
shall be substituted, namely:
“88. Provisions regarding transfer of
municipal property. — (1) 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.
(2) A proposal of such transfer shall be
accompanied by justification for such
transfer and a resolution of the Council
passed at a meeting by a majority of not
less than two-thirds of the total number of
Councillors and shall be consistent with
the provisions of this Act and the rules
made there under and any other law for
the time being in force.
(3) Notwithstanding anything contained
in sub-section (1), a Council may by a
resolution passed at an ordinary meeting,-
(a) by auction, lease its premises for a
period not exceeding ten years for such
rent as may be fixed by the Council, which
shall not be less than the minimum rent
specified in sub-section (4) of section 88D
and as approved by the Director to be
reasonable and subject to the condition of
annual increase in rent not below ten
percent of the rent of every previous year;
and
(b) renew such lease for a period not
exceeding ten years, subject to the
condition of annual increase in rent not
below ten percent of the rent of every
previous year, on an application for
renewal submitted to the Council by the
lessee at least two months before the
expiry of such lease:
Provided that in respect of any premises
of the Council in case the period of lease
has expired, and such lease is not
renewed, before the commencement of
the Goa Municipalities (Amendment)
Ordinance, 2020, the Council may renew
such leases subject to the fulfilment of the
conditions, namely:-
(i) lessee clears all his dues, if any,
towards the Council;
(ii) revised rent is fixed not below the
minimum rent as specified in sub-section
(4) of section 88 D; and
(iii) application for renewal of lease is
made before expiry of a period of six
months from the commencement of the
Goa
Municipalities
(Amendment)
Ordinance 2020:
Provided further that in case a building
comprising any premises leased to the
lessee is demolished and reconstructed by
the Council during the tenure of the lease,
the Council may let such reconstructed
premises to such lessee at the rent as
determined by the Council and approved
by the Government.
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(4) If any lease is not renewed on expiry
of period of lease of any premises of the
Council, then such lease shall stand
terminated and the Chief Officer shall take
possession of the premises after giving
thirty days notice to the lessee.
(5) Any subsisting lease agreement
of any premises of the Council which
was granted by the Council before
commencement of the Goa Municipalities
(Amendment) Ordinance, 2020 and which
has completed a period of forty years on
such commencement on the day the Goa
Municipalities (Amendment) Ordinance,
2020 comes into force, shall upon the
request of the lessee be renewed by the
Council for a further period of 10 years
only with the prior approval of the
Government. After completion of such
renewal period of the lease, such lease
shall stand terminated and the Chief Officer
shall take possession of the premises.
(6) If the lessee fails to pay rent in
respect of premises of the Council, for three
consecutive months, the lease of such
premises shall be deemed to be terminated
on expiry of such period of three months
and without prejudice to the right of the
Council to recover arrears of rent and other
dues, if any, the Chief Officer shall
immediately take possession of such
premises.
(7) After expiry period of notice issued
by the Chief Officer under sub-section (4)
or on completion of renewed period of
lease under sub-section (5) or upon
deemed termination of lease under sub-
section (6), if the lessee fails to handover
the vacant possession of the premises to
the Council, the Chief Officer shall seal
such premises. Once the premises are
sealed, it shall not be opened except by
the Chief Officer for taking its vacant
possession”.
5. Insertion of new sections 88A to 88D.—
After section 88 of the principal Act, the
following new sections shall be inserted,
namely:-
“88A. Prohibition of Unauthorized
transfer of premises of the Council.—(1) 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.
(2) In case of contravention of the
provisions of sub-section (1) by the lessee,
the lease between the council and lessee
shall be deemed to have been terminated
and the Chief Officer shall, on his own
motion or upon a complaint from any
person, immediately, take possession of the
premises.
88B. Penalty.— 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.
88C. Offences to be cognizable and non-
bailable.— An offence punishable under
section 88B shall be cognizable and non-
bailable.
88D. Regularization of unauthorized
transfer of premises of the Council.— (1)
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.
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TABLE
Sr.
Type of
Amount
Class of
No.
fees
Council
1
2
3
4
1 Processing
Rs.5000.00
Any
fee
(Non refundable)
Councils
2 Transfer fee
Rs. 20000.00
“C” Class
per sq. mt.
Council
Rs. 30000.00
“B”Class
per sq. mt.
Council
Rs. 40000.00
“A” Class
per sq. mt.
Council
Provided that in case the transfer of
premises is from lessee to a member of
his family, the applicant shall be charged
half of the transfer fees specified in the
above Table. If at any time it is found that
the applicant who has taken the benefit of
concession in fees under the first proviso,
is not a member of family of the lessee,
the fees paid by him shall be forfeited in
favour of the Council and the possession
of the premises will shall be immediately
taken by the Chief Officer:
Provided further that in case there are
multiple unauthorised transfers in between
the original lessee and applicant, the
applicant shall pay additional transfer fee
equivalent to 1/3rd of the transfer fee
specified in column (3) of the above table
in respect of each such earlier transfers.
(2) After receipt of application under
sub-section (1), the Chief Officer shall
publish a public notice in two local
newspapers (one English and other
Devnagari) inviting objections from the
public, within 15 days, in respect of
regularisation of such transfer.
(3) The Chief Officer shall after giving
opportunity to all the interested persons,
submit his report to the Council within a
period of fifteen days from the last date of
filing objections. If it is found that any
litigation in respect of the premises, other
than recovery of rent is pending before
any court of law, in which the Council is
one of the parties, the Chief Officer shall
not submit his report till the Court decides
such case.
(4) The report submitted under sub-
-section (3) shall be considered by the
Council in its meeting within a period of
two months from the date of receipt of such
report and the Council after fixing the rent
of the premises at a rate not below the
rate specified in the table below, shall by
appropriate resolution forward such
request to the Government for approval of
such regularisation and transfer of lease.
TABLE
Sr.
Minimum rent
Use of
Class of
No.
per month
premises
Council
1.
Rs. 300/-
Commercial
“A” Class
per sq.mts
2.
Rs. 100/-
Residential
“A” Class
per sq.mts
3.
Rs. 200/-
Commercial
“B” Class
per sq.mts
4.
Rs. 75/-
Residential
“B” Class
per sq.mts
5.
Rs. 100/-
Commercial
“C” Class
per sq.mts
6.
Rs. 50/-
Residential
“C” Class
per sq.mts
Provided that if the existing rate of rent
in respect of the premises is higher than
the minimum rates of rent specified above
then the existing rent shall be maintained
with an annual increase in rent of 10%.
(5) The applicant whose request is
approved under sub-section (4) shall clear
all pending dues in respect of the premises,
if any, and pay an amount equivalent to
the rent for nine months as a security
deposit.
(6) Amount deposited under sub-section
(5) shall be interest free. In case any
damage is caused to the premises of the
Council the same shall be recovered from
such amount.
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(7) The period of lease under this section
shall not exceed ten years and there shall
be annual increase in rent not below ten
percent of the rent of every previous year.
(8) The provisions of clause (b) of sub-
-section (3) of section 88 shall mutatis
mutandis apply for renewal of lease under
this section.”.
6. Amendment of Section 101.— In section
101 of the principal Act in sub-section (1), in
clause (a) for the words “rateable value” the
expression “rateable value or capital value,
as the case may be” shall be substituted.
7. Substitution of section 109.—For section
109 of the principal Act, the following section
shall be substituted, namely:-
“109. Appointment of Verification
Officer.— The Government may appoint
any person not below the rank of Municipal
Engineer to be a verification officer, who
shall verify the self-assessment declaration
submitted by the holder of the building/
land.”.
8. Substitution of section 110.—For
section 110 of the principal Act, the
following section shall be substituted,
namely:—
“110. Assessment of Property Tax:
Rateable value and Capital Value how to
be determined.— (1) Rateable value
System: In order to fix the rateable value
of any building or land assessable to a
property tax, there shall be deducted from
the amount of rent for which such building
or land might reasonably be expected to
let, or for which it is actually let, from year
to year, whichever is greater, a sum equal
to ten per centum of the said annual rent,
and the said deduction shall be in lieu of
all allowances for repairs or on any other
account whatsoever.
(2) Capital Value System: The tax of any
building or land assessable for property
tax shall be calculated on the basis of
capital value of the property.
(3) The capital value of any building or
land as the case may be, assessable to a
property tax, shall be fixed by the Chief
Officer in such manner as prescribed. For
fixation of capital value, the Chief Officer
shall also have regard to,-
(a) the minimum rates of land or building
as indicated in the order issued under the
Goa Stamp (Determination of True Market
Value of Property) Rules, 2003, for the time
being in force, as base value or where
such order is not revised for more than
five years, then the Director shall fix the
capital value of any building or land by
taking into consideration the market value
of such building or land, as a base value;
and
(b) the following factors for which values
shall be notified by the Government from
time to time, namely:-
(a) the nature and type of the structure
of the building;
(b) area of land or carpet area of
building;
(c) user category, such as, (i)
residential; (ii) commercial (shops, or the
like); (iii) offices; (iv) hotels (upto 4 stars);
(v) hotels (more than 4 stars); (vi) banks;
(vii) industries and factories; (viii) school
and college building or building used
for educational purposes; (ix) malls and
(x) any other building or land not
covered by any of the above categories,
(d) age of the building; or
(e) location of the property;
(f) such other factors as may be
specified by the Government by
notification in the Official Gazette.
(4) The value of any machinery contained
or situated in or upon any building or land
shall not be included in the rateable value
or capital value of such building or land.
(5) The rate of property tax shall be
decided by the Council by a resolution and
it shall not be less than 0.1 per centum
and not more than 1 per centum, of capital
value so calculated.
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(6) The Capital Value tax assessment
shall be applicable with effect from
financial year 2021-2022”.
9. Substitution of section 111. — For section
111 of the principal Act, the following section
shall be substituted, namely:—
“111. Submission of Declaration of self-
assessed Property Tax.— (1) Every holder
of the land or building shall on or before
the 30th day of April of every year submit/
upload the Declaration of self-assessed
property tax in such form as notified by
the Government and pay the tax as
assessed by him as per the rate of property
tax decided by the Council under
sub-section (5) of section 110.
(2) (i) The holder who submits the
Declaration of self-assessed property tax
and makes payment of tax within the time
limit specified in sub-section (1), shall be
given 5% rebate in the tax amount of that
financial year.
(ii) the holder who submits the
Declaration of self-assessed property tax
and makes payment of tax after the time
limit specified in sub-section (1) but on or
before the date specified in column (1) of
the table below, shall be liable to pay late
fees as specified in column (2) of the said
table.
TABLE
Date
Late fees
(1)
(2)
31st May
5% of the amount of tax
30th June
10% of the amount of tax
31st July
15% of the amount of tax
(iii) Where any holder fails to submit the
Declaration of self-assessed property tax
or make payment of tax, on or before the
31st day of July, the property tax payable
by such holder shall be assessed by the
Chief Officer or a person authorised by him.
(iv) the holder whose assessment has
been done under clause (iii) above shall
be liable to pay late fee equivalent to
50% of tax amount in addition to tax
amount as assessed by the Chief Officer.
(3) The Declaration of Self-assessed
property tax shall be physically verified
by the Verification Officer, randomly in such
manner as may be notified by the
Government within a period of three
months from the date the Chief officer
displays list of Declarations of self-assessed
property tax as per the provisions of
section 114. The extent of verification shall
not be less than 10% of the total
declarations.
(4) In case any such declaration is found
to be incorrect, the holder shall be liable
to pay a penalty equivalent to five times of
difference of tax amount as worked out by
the Verification Officer. Any difference up
to 5% of tax amount shall be ignored.
(5) In the event of any difference of
opinion about the assessment between the
holder and Verification Officer the matter
will be referred to the Chief Officer and his
decision thereon shall be final.”.
10. Insertion of new section 111A.— After
section 111 of the principal Act, the following
section shall be inserted, namely:—
“111A. Building to be assessed for the
purpose of property tax.— (1) buildings
which are not assessed for the purpose of
property tax before the commencement of
the Goa Municipalities (Amendment)
Ordinance, 2020, shall after such
commencement be assessed by the holder
of such building and he shall submit/
upload the Declaration of self-assessed
property tax along with copies of
documents, supporting his claim including
self assessed tax amount for the period he
claims that the building is existing, before
ninety days from such commencement.
(2) In case the holder does not possess
any document to show the period of
existence of the building, then such
building shall be deemed to be in existence
since the year 2012 and liable for the
property tax with effect from the financial
year 2012-2013.
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(3) The payment of property tax as
aforesaid, shall not confer any title or right
upon the holder in respect of the building
if he is not the lawful owner of such
building and construction of such building
shall continue to be illegal if not made with
due approvals from competent authorities.
(4) The Declaration of self-assessed
property tax shall be physically verified by
the verification officer randomly in such
manner as may be notified by the
Government.
(5) The provisions of sub-section (4) and
(5) of section 111 shall, mutatis mutandis,
apply to the declaration made under this
section.”.
11. Omission of section 113.— Section 113
of the principal Act shall be omitted.
12. Substitution of section 114.— For
section 114 of the principal Act, the following
section shall be substituted, namely:—
“114. Publication of self-assessment
list.— (1) The Chief Officer shall upload
the list of Declarations of self-assessed
property tax received under section 111
and 111A, on the website of the Council
for information of the public by the 15th
day of May every year.
(2) Any person having any objection
about the self-assessment of property tax
of any building or land in respect of the
area or amount of the tax may make
representation to the Chief Officer within
a period of thirty days from the date of
publication of the list under sub-section (1).
(3) The record of all objections so
received shall be maintained in such
manner as may be prescribed.”.
13. Omission of section 115.— Section 115
of the principal Act shall be omitted.
14. Amendment of section 116.— In section
116 of the principal Act,—
(i) for the expression “authorised
Valuation Officer” wherever it occurs, the
words “Verification Officer” shall be
substituted;
(ii) for the expression “the book kept
under the last preceding section” the
expression “the record maintained under
sub-section (3) of section 114” shall be
substituted;
(iii) for the existing proviso, the following
proviso shall be substituted, namely:-
“Provided that before any such
amendment an opportunity of being
heard shall be given to the holder who
has submitted such declaration and
reasons therefore shall be recorded in
the record aforesaid.”.
15. Substitution of section 117.— For
section 117 of the principal Act, the following
section shall be substituted, namely:-
“117.
Authentication
of
list
of
assessment.— The list so finally made by
the
Verification
Officer
shall
be
authenticated by him under the seal of his
office and his signature and he shall
endorse a certificate thereon that he has
physically verified the declaration of self-
assessed property tax, and no valid
objection has been made to the valuation
and assessment contained in the list, or
the amendment has been carried out under
section 116 after giving an opportunity of
hearing to the holder, as the case may be.”.
16. Amendment of section 118. — In
section 118 of the principal Act, the words
“and deposited”, shall be omitted.
17. Amendment of section 119. — In section
119 of the principal Act,-
(i) in sub-section (1) for the words
“authorised Valuation Officer”, , the words
“Verification Officer” shall be substituted;
(ii) in sub-section (2) for the figures “115”
the figure “114” shall be substituted.
18. Substitution of section 120. — For the
120 of the principal Act, the following section
shall be substituted, namely:—
“120. Rate of tax to be revised every five
years.— The Municipal Council shall
review and revise the rate of tax under
sub-section (5) of section 110 every five
years:
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Provided that if the Council fails to revise
the rate of tax by the 31st day of March,
the rate as prevailing during the previous
financial year shall be deemed to be the
rate for next financial year.”.
19. Amendment of section 122.— In section
122 of the principal Act:-
(i) in sub-section (1), for the expression
“may serve a bill upon each of them”, the
expression “may serve a bill upon each of
them as per the area in their occupation
and if some area is common occupation
then”;
(ii) sub-section (3) shall be omitted.
20. Omission of sections 123 and 124.—
Sections 123 and 124 of the principal Act shall
be omitted.
21. Omission of section 131, 132, 133, 134,
135 and 136.— Sections 131, 132, 133, 134,
135 and 136 of the principal Act shall be
omitted.
22. Amendment of section 145.— In section
145 of the principal Act, sub-section (3) shall
be omitted.
23. Amendment of section 148.— In section
148 of the principal Act:-
(i) for clause (b), the following clause
shall be substituted, namely:—
“(b) where the property is in another
municipal area or Municipal Corporation
area, the warrant may be addressed to
the Chief Officer or the Municipal
Commissioner, as the case may be, of
the area;”;
(ii) clause (c) be omitted,;
(iii) in clause (d), for the word
“Mamlatdar” the words “Block Develop-
ment Officer” shall be substituted.
24. Amendment of section 165.— In section
165 of the principal Act, the figures and
the word “115 or” shall be omitted.
25. Amendment of section 184.— In section
184 of the principal Act,-
(i) sub-section (7) shall be omitted;
(ii) in sub-sections (15) and (16), for the
word “Government”, whenever it occurs,
the words “High Court” shall be
substituted.
26. Amendment of section 184A.— In
sub-section (3) of section 184A for the word
“Government”, whenever it occurs, the
words “High Court” shall be substituted.
27. Amendment of section 184D.— In
section 184D of the principal Act, for the
word “Government”, whenever it occurs, the
words “High Court” shall be substituted.
28. Amendment of section 184F.— In
section 184F of the principal Act, for the
words “prepare every year”, the words
“prepare by the 31st day of January of every
year” shall be substituted.
29. Amendment of section 252.— In section
252 of the principal Act for sub-section (2),
the following sub-section shall be substituted,
namely:-
“(2) Whoever uses or allows to be used
any place for any of the purposes specified
in sub-section (1), without a licence, or in
contravention of any conditions subject to
which a licence may have been granted
under sub-section (1) shall, be liable to
pay fine of five thousand rupees if the
contravention is of clause (i) or (ii) of sub-
section (1) and fine of one thousand
rupees if the contravention is of clause (iii)
of that sub-section, and in the case of
continuing contravention of the said clause
(i) or (ii), further fine of one hundred
rupees, and of the said clause (iii), further
fine of fifty rupees, for every day after the
first during which such contravention
continues”.
30. Amendment of section 265.— In section
265 of the principal Act,-
(i) in sub-section (2), for the words “Chief
Officer”, the words “Chief Officer or his
representative” shall be substituted;
(ii) for sub-section (3), the following
sub-section shall be substituted, namely:—
(3) Whoever uses or permits the use of
any premises in contravention of the
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provisions of sub-section (1), or whoever
refuses to comply with any notice issued
under sub-section (2) shall be liable to
pay fine of five thousand rupees”.
31. Insertion of new section 265-A. and
265-B — After the section 265 of the principal
Act, the following sections shall be inserted,
namely:—
“265A. Sealing of premises carrying on
any trade and or occupation without
licence.— (1) If any person without
obtaining a licence from the Council under
section 252 or section 265 carries on any
trade or occupation in any premises within
the limits of municipal area, the Chief Officer
shall, after giving an opportunity of bring
heard to such person seal such premises:
Provided that if the application for
licence is already submitted to the Council
and it is under process, such premises shall
not be sealed till such application is rejected
on merit:
Provided further that if such application
is rejected on any technical ground, an
opportunity shall be given to the applicant
to rectify any defect thereof.
(2) An appeal against the order of the
Chief Officer shall lie before the Director
and his decision in the matter shall be final:
Provided that the Director shall not grant
any interim relief without hearing the
Chief Officer.
265B. Responsibility of certain Officers
to ensure compliance of conditions of
licence.— The Chief Officer shall notify
one or more employees of the Council
to ensure that all the shops and
establishments within the limits of
municipal area have obtained a licence
under section 252 or section 265, as the
case may be.
(2) The employees so authorised under
sub-section (1) shall visit the shops and
establishments and inspect the licences at
least once in a year and submit compliance
report to the Chief Officer by the 30th day
of April of every year. If any person is
carrying on any trade or occupation
without a valid licence from the Council,
such employee shall report the fact to the
Chief Officer within 48 hours.
(3) If such employee fails to submit
report under sub-section (2) or report
submitted by him is found incorrect he
shall be liable to pay fine of Rs. 1000.00 in
respect of each such report in addition to
disciplinary action that may be initiated
against him :
Provided that before imposing any fine
an opportunity of being heard in the matter
shall be given to such employee.”.
32. Amendment of section 286.— In section
286 of the principal Act, in sub-section (1),
in clause (d), for the words “rateable value”
the words “rateable value or capital value”,
shall be substituted.
33. Amendment of section 323.— In section
323 of the principal Act, in sub-section (4),
for the existing proviso, the following proviso
shall be substituted, namely:-
“Provided that, any licence or written
permission issued is required to be
renewed as per the provisions of this Act
then, upon payment to the Council the
requisite fee for renewal by the date
specified therein, such licence or written
permission shall be deemed to be
renewed.”.
Place: Raj Bhavan
BHAGAT SINGH KOSHYARI
Dated: 20-12-2020.
Governor of Goa
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