MAPUSA
In a hush-hush move, the State government has amended the Goa Municipalities Act, 1968 through an ordinance making unauthorised transfer of premises/shops in municipal areas a non-bailable offence and capping the period of lease at 10 years.
The government has also effected a steep hike in rent rate and transfer fees and made provisions to regularise unauthorised transfer of premises that have taken place so far.
According to the Goa Municipalities (Amendment) Ordinance, 2020 promulgated by the governor on December 22, 2020, anyone sub-letting the premises of the council leased to him to any other person and if any person accepts such transfer shall be punishable with imprisonment for a term which may extend to three years or with fine of Rs 2 lakh or with both and the offence punishable under relevant provisions shall be cognizable and non-bailable.
“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,” read a new section introduced in the amended Act.
It also states that the lease between the council and the lessee shall be deemed to have been terminated if the lessee contravenes any of the provisions and the chief officer has the right to take possession of the premises.
In bid to regularise unauthorised transfer of council premises that took place before the Goa Municipalities (Amendment) Ordinance, 2020 came to existence, the law permits the transferee to make an application within six months to the Chief Officer for regularisation of the premises by executing a lease along with the processing fee and transfer fee as specified.
“Any subsisting lease agreement which was granted before the commencement of the Goa Municipalities (Amendment) Ordinance, 2020 and which has completed forty years since the ordinance came into force, shall upon the request of the lessee be renewed by the council for a further period of 10 years with the prior approval of the government,” the amended Act said.
The Act further stated that after completion of the renewal period of the lease, such lease shall stand terminated and the chief officer shall take possession of the premises.
The non-refundable processing fee has been fixed at Rs 5,000 for any councils and the transfer fee has been fixed at Rs 20,000 per sq mt for a ‘C’ class council, Rs 30,000 per sq mt for a ‘B’ class council and Rs 40,000 per sq mt for ‘A’ class council.
However, transfer of premises from a lessee to a member of his family will be charged half of the specified transfer fees.
The ordinance further states that in case there are multiple unauthorised transfers between the original lessee and applicant, then the applicant shall pay additional transfer fee equivalent to 1/3rd of the transfer fee.
The government has also fixed a minimum rate as rent charges per month for commercial and residential premises within municipal areas.
