Sec 66 reshapes approval process; 15-day limit for licences, officials warned of action
File photo of the special meeting of the Navelim panchayat that rejected the application for construction licence before it was granted by the panchayat secretary.
MARGAO
The move by the Navelim Panchayat Secretary to issue a construction licence for a housing project—despite its earlier rejection by the elected panchayat body—could significantly alter the licensing landscape across Goa’s local self-government institutions.
The Navelim episode may well be just the tip of the iceberg, as the government has begun insisting on strict compliance with the “deeming provisions” under Section 66 of the Goa Panchayat Raj Act, 1994. These provisions relate to the issuance of construction licences and occupancy certificates, and their enforcement could fundamentally reshape how approvals are processed across village panchayats.
Importantly, the secretary’s decision is not believed to have been taken independently, nor under direct instructions from the Salcete Block Development Officer (BDO). Instead, it is understood to be in implementation of a memorandum issued by Director of Panchayats, Mahadev Araundekar.
On March 30, the Director issued a memorandum to all taluka BDOs titled: “Strict Compliance with Deeming Provisions under Section 66 of the Goa Panchayat Raj Act, 1994 regarding issuance of Construction Licences and Occupancy Certificates.”
Acting on these directions, Salcete BDOs Nimisha Faldesai and Adarsh Desai forwarded the memorandum to all 30 Panchayat Secretaries in the taluka, directing strict adherence to the statutory 15-day deadline for deciding and communicating applications for construction licences and occupancy certificates, as per the recent amendments to Section 66.
BDO Nimisha Faldesai made it clear that failure to comply with these statutory obligations would be viewed seriously. She warned that disciplinary proceedings could be initiated against erring Panchayat Secretaries under relevant service rules for dereliction of duty.
“All Village Panchayat Secretaries of this block are directed to ensure strict compliance with these instructions and submit a report in the prescribed format within seven days for onward submission to the Directorate of Panchayats,” the memorandum stated.
What the amended law says
Under the amended sub-sections (2) and (2E) of Section 66, if a panchayat fails to communicate its decision within 15 days—except in cases where observations raised by the panchayat within the stipulated period are not complied with—the application is deemed to have been approved.
This means that the construction licence or occupancy certificate is automatically considered granted, provided the applicant has obtained all necessary technical clearances and completion certificates from the Town and Country Planning authorities.
Once this “deeming provision” is triggered, it becomes the statutory duty of the Panchayat Secretary to issue the relevant licence or certificate without delay.
Why the sudden push
In the memorandum, the Director of Panchayats noted that despite the lapse of the 15-day statutory period, several Panchayat Secretaries have failed to issue licences and occupancy certificates under the deeming provisions. Such administrative delays, the Director observed, are causing unnecessary hardship to the public and defeating the purpose of the amendment.
BDOs tasked with enforcement
To ensure strict compliance, the Director has directed BDOs to: Identify all pending applications for construction licences and occupancy certificates that have crossed the 15-day statutory period and qualify under the deeming provisions.
Instruct Village Panchayat Secretaries to issue the requisite Construction Licences or Occupancy Certificates for all such deemed cases within 3 (three) days from the date of receipt of this memorandum.
In fact, all the BDOs have been mandated to ensure strict compliance with these instructions and submit a comprehensive Action Taken Report (ATR) to this Directorate within 7 days from the date of issuance of this memorandum.
Warning of disciplinary action
The memorandum also outlines consequences for non-compliance. If any Panchayat Secretary fails to issue the required documents within the stipulated three-day period, BDOs have been instructed to submit a detailed default report to the Directorate.
The report must include: Name of the Village Panchayat; name of the concerned Panchayat Secretary; details of the pending applications; specific reasons for non-compliance.
The Director has warned that failure to comply will be taken seriously, and disciplinary proceedings may be initiated against erring officials.
Housing licence row deepens; Navelim panchayat to decide course of action
MARGAO: Navelim Sarpanch Paul Pereira has said that the decision of the Panchayat Secretary to issue a construction licence for a housing project at Ratwaddo will be placed before the panchayat body for an appropriate course of action.
Questioning the move, Pereira expressed surprise over the invocation of the “deeming provision” to grant the licence, despite the panchayat having already initiated the process by conducting a site inspection and subsequently rejecting the application.
“By invoking the deeming provision, it gives an impression that the panchayat sat over the file without taking any action. In reality, the panchayat had carried out a site inspection and, after noting discrepancies such as inadequate road width and the low-lying nature of the land, had rejected the proposal,” he said.
The sarpanch further stated that the matter would be placed before the full body meeting to decide on the next steps, including the possibility of challenging the Panchayat Secretary’s decision before the competent authority.
