Manual of Goa Laws (Vol. II) – 523 – Housing Board Act & Rules

Manual of Goa Laws (Vol. II) – 523 – Housing Board Act & Rules

The Goa, Daman and Diu Housing Board Act, 1968 and Rules, 1969

Manual of Goa Laws (Vol. II) – 524 – Housing Board Act & Rules

Manual of Goa Laws (Vol. II) – 525 – Housing Board Act & Rules

The Goa Housing Board Act, 1968 and Rules 1969

Gazette, Series I No. 30 dated 24-10-1968.

in the Official Gazette, Series I No. 5 dated 7-5-2001 and came into force at once.

No. 29 (Supplement) dated 18-10-1969.

1982 as amended by Regulations, 1994 & as amended by Regulation 2001.

Regulations, 1982 and as amended by Regulations, 1993 & as amended by Regulation 2001.

1. Short title and commencement.— (i) These rules may be called the Goa, Daman and Diu Housing Board Rules, 1969.

1. (ii) They shall come into force at once. 2. Definitions.— In these rules, unless the context otherwise requires,—

a) “Act” means the Goa, Daman and Diu Housing Board Act, 1968;

b) “Form” means a form appended to these rules;

c) “Section” means a section of the Act;

d) The words and expressions used but not defined in these rules shall have the same meaning assigned to them in the Act. 3. Remuneration, allowances and leave etc. of the Chairman, members and persons associated with the Board.— (1) The Chairman of the Board shall be entitled to — a) a salary of Rs. 1,000/- per month, or such honorarium not exceeding Rs. 500/- per month as the Government may in each case specify; aa) a telephone at residence;

b) a travelling allowance admissible to the Head of a Government Department. The

Chairman shall be entitled to travel by the highest class on railways including air- conditioned class, the additional fare that he can draw shall be reduced at 2 paise per mile as in the case of senior officers of Government; c) the Chairman shall be entitled to leave on full pay on the basis of one month per year of service.

1. (2) Notwithstanding anything contained in sub-rule (1), where the Chairman receives an honorarium or holds office in an honorary capacity he shall receive such of the following concessions as the Government may in each case specify in this behalf, namely:— a) furnished residential accommodation without payment of rent or any assessment, tax, rate or cess due to the Government or any local authority or where such residential Manual of Goa Laws (Vol. II) – 574 – Housing Board Act & Rules accommodation is not made available, a monthly allowance of such amounts as may be fixed by the Government; b) use of the Board’s motor car and such allowances for the maintenance and running of the motor car as may be fixed by the Government or in lieu of such allowance, the actual charges for the maintenance and running thereof; c) a telephone at residence;

d) a daily allowance in accordance with rule, when on tour;

e) a travelling allowance at the rate admissible to the Head of a Government Department; f) leave on the basis of one month per year of service but the Government may relax the provisions of this clause in any particular case: Provided that while the Chairman is on leave, he shall be entitled to such of the aforesaid concessions as the Government may in each case specify in this behalf.

1. (3) A non-official member of the Board other than the Chairman shall be entitled to—

a) an allowance of

31[“Rs. 200/-”] for every day of a meeting of the Board that he attends; and b) travelling allowance at the maximum rate admissible to Grade I Officer under the Government.

1. (4) An official member of the Board attending any meeting of the Board of any of its committees shall be entitled to receive travelling allowance admissible to him under the Government.
2. (5) A person associated with the Board for any particular purpose under section 18 or appointed on any committee under section 19 shall be entitled to such allowances as may be determined by the Government from time to time: Provided that in the case of a member of the Legislative Assembly he shall not be entitled to any remuneration other than the travelling allowance and daily allowance at the rates not exceeding those admissible to him under the Goa, Daman and Diu Salaries and Allowances of Members of the Legislative Assembly Act, 1964. 4. Control and delegation by the Chairman.— The Chairman with the prior approval of Government may, by order in writing delegate his powers, duties and functions under section 16 to the Secretary, Housing Engineer or Chief Accounts Officer of the Board, to such extent as may be specified therein and shall be subject to such control, appeal and revision as may be specified by him. The letters and figures “Rs. 200/-” have been substituted for the letters and figures “Rs. 50/-” vide (2nd Amendment) Rules, 1999, published in the Official Gazette, Series I No. 10 dated 3-6-1999. Manual of Goa Laws (Vol. II) – 575 – Housing Board Act & Rules 5. Manner and form of Control.— (1) Every contract for the execution of any work or the supply of any building material or goods which involves an expenditure exceeding five hundred rupees shall be in writing and shall be sealed.
3. (2) The common seal of the Board shall remain in the custody of the Secretary and shall not be affixed to any contract or other instrument except in the presence of a member (other than the Chairman) who shall attach his signature to the contract or instrument in token that the same was sealed in his presence.
4. (3) The signature of the said member shall be in addition to the signature of any witness to the execution of such contract or instrument.
5. (4) If forms for contract are prescribed in the Central Public Works Department Manual or Code, the said forms may, as far as practicable, be adopted for like contracts of the Board provided that the Board shall have power to make additional conditions in the form of contract if the Board desires to do so.
6. (5) In according sanctions, inviting tenders and entering into contracts for the execution of its works, the Board shall as far as possible follow the principles laid down in the Central Public Works Department Manual or Code.

The Board may delegate the power to sanction the contracts to the Secretary and Housing Engineer under section 27 subject to the following limits, namely: —

1. (a) the maximum limit of one lakh of rupees for any contract where delegation of power is to the Secretary of the Board;
2. (b) the maximum limit of Rs. 50,000/- for any contract, where the delegation of power is to the Housing Engineer.

A notice under sub-section (1) or section 55, shall be in accordance with the form in schedule ‘A’ appended hereto. The period with which a person is required to appear before the Board under sub-section (2) of section 55 shall be of thirty days.

The Board shall not lease, sell, exchange or otherwise dispose off any immovable property vesting in it without the prior approval of Government. Such transfer shall be subject to such terms and conditions as the Government may determine in each case in that behalf:

Provided that no such approval shall be required—

1. (i) for allotment of tenements and premises according to the regulations made by the Board in that behalf; and
2. (ii) for sale or demolition of any building or structure which is in a dangerous condition or beyond repair. Manual of Goa Laws (Vol. II) – 576 – Housing Board Act & Rules

A notice—

1. (a) under sub-section (1) of section 61 shall be in accordance with the form in schedule ‘B’ appended hereto;
2. (b) under proviso to sub-section (1) of section 61 shall be in accordance with form in schedule ‘C’ appended hereto;
3. (c) under sub-section (1) of section 62 shall be in accordance with form in schedule ‘D’ appended hereto;
4. (d) under sub-section (2) of section 62 shall be in accordance with form in schedule ‘E’ appended hereto; and
5. (e) under sub-section (3) of section 62 shall be in accordance with form in schedule ‘F’ appended hereto.

A notice under sub-section (1) of section 61 or sub-section (1) of section 62 may be served by any officer or employee in the service of the Board by giving it or tendering it to the person to whom it is addressed in manner prescribed under section 113 to 115.

In assessing damages for unauthorised occupation of any Board premises under sub-section (2) of section 62 the competent authority shall take into consideration the following matters, namely:—

1. (a) the purpose and the period for which the Board premises were under unauthorised occupation;
2. (b) the nature, size and standard of accommodation available on such premises;
3. (c) the economic rent of the premises for the period of unauthorised occupation such rent being calculated in accordance with the formula decided by the Board from time to time;
4. (d) any material damage done to the premises during the period of unauthorised occupation; and
5. (e) any other matter which in the opinion of the competent authority is relevant for the purpose of assessing the damages.

The maximum sum to be deposited in the Reserve Bank of India or in any scheduled bank in India under sub-section (5) of section 65 shall not exceed Rs 15.00 lakhs at any time.

The Board may borrow any sum subject to the prior approval of Government and on such terms and conditions as may be prescribed by Government in each case.

Manual of Goa Laws (Vol. II) – 577 – Housing Board Act & Rules

The Board may lend or advance money under section 67 to the extent of Rs. 50,000/- without the prior approval of Government. The Board may lend or advance under section 32, money exceeding Rs. 50,000/- with the prior approval of Government and subject to such terms and conditions as may be prescribed by Government in each case.

The Board shall maintain its accounts in commercial form. The estimates of income and expenditure under section 74 shall be prepared in accordance with the forms in schedule ‘G’ appended hereto.

The abstracts of accounts to be submitted to the Government under section 88 shall be prepared in accordance with the forms in schedule ‘H’ appended hereto. By order and in the name of the Administrator of Goa, Daman and Diu. T. Kipgen, Development Commissioner. ________ FORM ‘A’ (See rule 7)

To Shri/Shrimati/Kumari ....................... residing at ................... in ................. taluka of ............. District. Whereas by Government Notification No......... dated 19 ....... it was notified under section

42 of the Goa, Daman and Diu Housing Board Act, 1968 that a ..... scheme has been duly framed by the Goa, Daman and Diu Housing Board. And whereas, it was decided by the Board under section 54 to levy a betterment charge on all lands adjoining the said scheme area on account of increase in value of land from execution of the scheme. And whereas, you are owner of one of such lands shown in plan No. ...... attached to the scheme file. Now therefore, in exercise of the powers conferred on me under sub-section (1) of section 55 of the said Act, I hereby give you notice that a betterment charge of Rs.... is leviable on you in respect of the said Land. Notice is also given for you to appear before the undersigned on ... 19 ... at the office of the Board. Failure to appear before me on scheduled day will be deemed as acceptance by you of the betterment charge assessed by the Board. A plan of the said ..... scheme indicating land in respect of which the betterment charges are to be levied, can be inspected at the office of Board. By order and in the name of the Goa, Daman and Diu Housing Board. Panaji, dated ...

Manual of Goa Laws (Vol. II) – 578 – Housing Board Act & Rules

FORM ‘B’ (See Rule 9)

To, Shri/Shrimati/Kumari .................. residing at .............. in ................... taluka of............. District. Whereas I, the undersigned, am satisfied— i) that you have not paid rents lawfully due from you for more than two months commencing from ... in respect of the premises in the Schedule appended hereto; ii) that you have sub-let, without the permission of the Board the whole or part of the premises described in the Schedule appended hereto; iii) that you have ... and thereby have acted in contravention of the terms under which you were authorised to occupy and use the premises described in the Schedule appended hereto; Now therefore, in exercise of the powers conferred on me under sub-section (1) of section 61 of the Goa, Daman and Diu Housing Board Act, 1968. I order you (as well as ...... who is/are in occupation of the whole/a part of the said premises) to vacate the said premises within one month from the date of service of this notice.

Panaji, dated ..... 19 ..... Competent Authority ________ FORM ‘G’ (See Rule 15) INDEX 1. Members of the Housing Board. 2. Budget at a glance. 3. Introductory Note. 4. Abstract of Capital Account. 5. Abstract of Revenue Account. 6. Abstract of Deposits and Advances Account. 7. Capital Account — Receipt. 8. Expenditure. 9. Revenue Account — Receipts. 10. Expenditure. Manual of Goa Laws (Vol. II) – 581 – Housing Board Act & Rules 11. Deposit and Advance Account. 12. Detailed explanatory memorandum to the Budget Estimates. 13. Details of works. 14. Summary of loans and advances taken from the State Govt. and outstanding as on .... (31st March of previous year). 15. Statement showing various posts under the Board with scales of pay. 16. Statement showing special pay attached to the various posts. 17. Statement showing the conveyance allowance attached to the various posts. I. Members of the Goa, Daman and Diu Housing Board. _______ Chairman: Members: 1. 2. 3. 4. 5. 6. 7. 8. II Budget at a Glance Accounts Revised Budget (Actuals of estimates estimates financial (previous (current year) year) year) (1) (2) (3) Revenue Account. Opening balance. Receipts. Expenditure. Surplus (+) or Deficit (-). Capital Account. Opening balance. Receipts. Expenditure. Surplus (+) or Deficit ( -). Deposit and Advance Account. Opening balance. Receipts. Expenditure Closing balance. Manual of Goa Laws (Vol. II) – 582 – Housing Board Act & Rules III Introductory Note _________ IV Abstract of Capital Account Receipts Expenditure I. Loans Rs. 1. Loans Rs. II. Grants Rs. 2. Advances Rs. III. Advances Rs. 3. Works Rs. IV. Sale of properties Rs. A. Land acquisition & Rs. Development Scheme V. Rental Income and B. Low Income Group Rs. premia on lease. Housing Scheme C. Middle Income Group Rs. Housing Scheme VI. Miscellaneous Rs. D. Slum Improvement Rs. Scheme VII. Betterment fees Rs. VIII. Ancilliary services Rs. E. Subsidised Industrial Rs. scheme fund Housing Scheme F. Land Development Rs. Scheme G. Union Govt. Rental Rs. Housing Scheme for Low paid employees of State Govt. H. Ancilliary Services Rs. Scheme I. Other Miscellaneous Rs. Schemes 4. Special tools and Plant Rs. 5. Ordinary Tools and Plant Rs. 6. Suspense Rs. Total ....... Rs. Total ....... Rs. V Abstract of Revenue Accounts Receipts Expenditure I. Grants Rs. 1. Interest Rs. II. Advances Rs. 2. Contributions to Reserve & other funds Rs. III. Supervision charges Rs. 3. Advances Rs. IV. Interest Rs. 4. Establishment Rs. V. Rental Income Rs. 5. Investigation and Rs. (Interest portion) Research Manual of Goa Laws (Vol. II) – 583 – Housing Board Act & Rules VI. Premia on leases Rs. 6. Miscellaneous Rs. (Interest portion) Rs. 7. Tools and Plant Rs. (ordinary) VII. Miscellaneous 8. Repairs and Maintenance Rs. Deduct. 9. Suspense Rs. Refunds Total ........ Rs. Total ........ Rs. VI Abstract of Deposit and Advance Account Receipt Outgoings (1) (2) A. Deposit Account I. Provident Fund Deposits. II. Deposits of contractors and subordinates. III. Other deposits. B. Advance Account. I. Advances bearing interest. II. Advances not bearing interest. C. Suspense Account. Total VII Capital Accounts – Receipts Head of Account Accounts Revised Budget estimates estimates (1) (2) (3) (4) I. Loans A. Loans from Government. B. Loans from Banks. C. Repayment of loan by Co-op. Societies and other persons. II. Grants. A. Grant from Government. B. Other grants. III. Advances. A. Advances from Revenue Account. B. Refund of advance from Revenue Account. C. Advance from Local Bodies, etc. for Low Income Group Housing Scheme. D. Advance from Local Bodies, etc. for Middle Income Group Housing Scheme. E. Advance from Local Bodies, for Slum Improvement Scheme. Manual of Goa Laws (Vol. II) – 584 – Housing Board Act & Rules F. Advance from Government for Subsidized Industrial Housing Scheme. G. Other advance from Government. H. Advance from Government for Union Government Rental Housing Scheme for Low paid Employees of State Government. IV. Sale proceeds of properties. A. Lands acquisition and Development Scheme. B. Low Income Group Housing Scheme. C. Other Schemes. V. Rental Income and Premia on leases. A. Ancilliary Services Scheme. B. Low Income Group Housing Scheme. C. Middle Income Group Housing Scheme. D. Slum Improvement Scheme. E. Lower Middle Class Housing Scheme. F. Non-Gazetted Government Officers Housing Scheme. G. Other Schemes. H. Lumpsum recovery towards excess over ceiling cost. i) Low Income Group Housing Scheme. ii) Middle Income Group Housing Scheme. VI. Miscellaneous. A. Sale proceeds of Securities. B. Miscellaneous. VII. Betterment fees. A. Betterment fees. B. Deduct amount credited to the schemes concerned. VIII. Ancilliary Services Schemes fund. Total — Capital Account Receipt. VIII Capital Account — Expenditure Head of Account Accounts Revised Budget estimates estimates (1) (2) (3) (4) I. Loans. A. Repayment of loan to Government. Manual of Goa Laws (Vol. II) – 585 – Housing Board Act & Rules B. Repayment of loan to Banks. C. Loans to Co-operative Societies and other persons. II. Advances. A. Advance to Revenue Account. B. Refund of advance to Revenue Account. III. Works. A. Land acquisition and Development Scheme. 1. Land acquisition. 2. Development. B. Low Income Group Housing Scheme. I. Plan i) Land Development. ii) Hire purchase building. iii) Rental building. II. Non-Plan. i) Land Development. ii) Hire purchase building. iii) Rental building. C. Middle Income Group Housing Scheme. i) Hire purchase building. ii) Rental building. D. Slum Improvement Scheme. i) Open Development Plot. ii) Tenement. E. Subsidised Industrial Housing Scheme. F. Land Development Scheme. G. Union Government Rental Housing scheme for Low paid Employees of State Government. H. Ancilliary Services Scheme. I. Other Miscellaneous Scheme. J. Slum Improvement Scheme undertaken on behalf of Local Bodies. K. Low Income Group Housing Scheme undertaken on behalf of Local Bodies. L. Middle Income Group Housing Scheme undertaken on behalf of Local Bodies. Manual of Goa Laws (Vol. II) – 586 – Housing Board Act & Rules IV. Special Tools Plant. A. Cost of purchase. B. Maintenance and Repairs. C. Deduct — Recoveries from contractors’ work. V. Ordinary Tools and Plant. A. Cost of purchase. B. Deduct amount transferred to Revenue Account. VI. Suspense. Debit A. Stock. B. Purchases. C. Miscellaneous Advances. Credit A. Stock. B. Purchases. C. Miscellaneous Advances. Net Debit to Suspense. Total — Capital Account Expenditure. IX Revenue Account — Receipts Head of Account Accounts Revised Budget estimates estimates (1) (2) (3) (4) I. Grants. A. Grant from Government for maintenance of Industrial colonies. B. Grant from Government for maintenance of Government colonies. C. Grant from Government for maintenance of Slum Improvement Scheme. D. Other Grants from Government. E. Grant from Local Bodies others. II. Advances. A. Advance from Government. B. Advance from Capital Account. C. Refund of advance from Capital Account. III. Supervision charges. A. Supervision charges. (a) Slum Improvement Scheme. (b) Other Schemes. IV. Interest. A. Interest on investment. B. Interest on sale proceeds. Manual of Goa Laws (Vol. II) – 587 – Housing Board Act & Rules C. Interest on loans and advances by the Board. D. Miscellaneous. V. Rental Income. A. Ancilliary Services Scheme. B. Low Income Group Housing Scheme. C. Middle Income Group Housing Scheme. D. Lower Middle Class Housing Scheme. E. Slum Improvement Scheme. F. Other Schemes. G. Deduct Refunds. H. Deduct Principal portion transferred to Capital Account. VI. Premia of Leases. A. Low Income Group Housing Scheme. B. Middle Income Group Housing Scheme. C. Non-Gazetted Government Officers’ Housing Scheme. D. Other Schemes. E. Deduct Refunds. F. Deduct Principal portion transferred to Capital Account. VII. Miscellaneous. A. Fees, fines and forfeitures. B. Sale of plans, tenders, etc. C. Leave salary and pension contribution. D. Recoveries of expenditure. E. Lapsed deposits. F. Contage charges for collection of rent in Industrial Housing colonies. G. Miscellaneous. H. Deduct Refunds. Total—Revenue Account—Receipts. X Revenue Account — Expenditure Head of Account Accounts Revised Budget estimates estimates (1) (2) (3) (4) I. Interest. A. Interest on loans and Advances. II. Contributions to Reserve and other funds. A. Contribution to pension fund. B. Contribution to depreciation Reserve fund. III. Advances. A. Advances to Capital Account. B. Refund of advance to Capital account. C. Refund of advance to Government. Manual of Goa Laws (Vol. II) – 588 – Housing Board Act & Rules IV. Establishment. A. Pay of officers. B. Pay of Establishment. C. Leave salary. D. Cost of special staff. E. Allowances and Honoraria. 1. Dearness allowance. 2. House rent allowance. 3. Compensatory allowance. 4. Travelling allowance. 5. Conveyance allowance. 6. Medical attendance. 7. Education allowance. 8. Travelling and other allowances to members. F. Contingencies. 1. Pay of Menials. 2. Books and periodicals. 3. Telephones. 4. Electricity and water. 5. Advertisement. 6. Clothing and uniform. 7. Stationery and Printing. 8. Rent/rates/taxes. 9. Postage/Telegrams. 10. Furniture/Fixtures. 11. Other items. G. Other charges. 1 Contribution to leave salary and pension. 2. Fees to Auditor. 3. Low charges. 4. Compensation. 5. Expenditure on payment of pension/gratuity. Less amount transferred from Pension fund. V. Investigation and Research. A. Investigation and Survey of schemes. B. Research on House building. C. Deduct preliminary expenses transferred to the sanctioned scheme. Manual of Goa Laws (Vol. II) – 589 – Housing Board Act & Rules VI. Miscellaneous. A. Contribution to staff Welfare and recreation. B. Miscellaneous grants and contributions. C. Publicity expenses. D. Losses and write off. VII. Tools and Plant. A. Cost of Tools and Plant charged to Revenue Account. B. Amount transferred from Capital Account. C. Maintenance, Repairs and carriage. VIII. Repairs and Maintenance. A. Office buildings. B. Rental buildings. C. Industrial colonies. D. Government colonies. E. Slum Improvement Scheme. IX. Suspense Account. A. Water and Electricity charges recoverable from occupants. B. Deduct Recoveries from occupants. Total — Revenue Account Expenditure. Deposit and Advance Account Receipts Outgoings Head of Account Amount (Actuals) Revised Estimates Budget Estimates Account (Actuals) Revised Estimates Budget Estimates 1 2 3 4 5 6 7 A. Deposit Account. I. Depreciation Reserve Fund. II. Pension Fund. III. Provident Fund deposit. (1) Provident funds. Deposits of contractors and other subordinates — (1) Contractors Deposits. (2) Sums due to contractors on closed accounts. (3) Security deposits of subordinates. Manual of Goa Laws (Vol. II) – 590 – Housing Board Act & Rules V. Other deposits— (1) Housing deposits. (2) Deposit for conveyance of sale deed. (3) Rental deposit. (4) Rent collected in Industrial colonies. (5) Miscellaneous deposit. B. Advance Account. I. Advance bearing interest— (1) Advance for purchase of motor cars. (2) Advance for purchase of motorcycles/scooters. (3) Advance for purchase of other conveyances. (4) Loan to Board Employees to meet deposits and excess over ceiling cost. II. Advance not bearing interest. (1) Advance of pay on transfer. (2) Advance of T. A. on transfer. (3) Festival advance. (4) Permanent Advance. (5) Other Advance. C. Suspense Account. (1) Unclassified Suspense. Investment Account 1. Depreciation Reserve Fund. Rs. a) Opening balance. b) Add investments during the year. c) Deduct amount realised on sale of investment. d) Add Cash balance. Total 2. Pension Fund. a) Opening balance. b) Add investments during the year. c) Deduct amount realised on sale of investment. d) Add Cash balance. Total 3. Provident Fund. a) Opening balance. b) Add amount invested during the year. Manual of Goa Laws (Vol. II) – 591 – Housing Board Act & Rules c) Deduct amount realised on sale of investment. d) Add Cash balance. Total 4. Cash balance. a) Opening balance. b) Add amount invested during the year. c) Deduct amount realised on sale of investment. d) Add Cash balance. Total XII Details of Works Description of work Amount of Expenditure Revised Budget Budget estimate to end of estimate (current estimate (previous year) year) (next year) 1 2 3 4 5 XIII Summary of loans and advances taken from the Government and outstanding on 31st March A. LOANS Serial No. and name No. and date Date of drawal Loan Outstanding of the scheme of Govt. order of the loan amount balance on 31st March.... 1 2 3 4 5 B. ADVANCES Serial No. and name No. and date Date of drawal Loan Outstanding of the scheme of Govt. order of the loan amount balance on 31st March.... 1 2 3 4 5 Schemewise details will be indicated according to the Budgetary classification. XIV Statement showing various posts under the Board with scales of pay Serial No. and category Scale of No. of posts No. of posts No. of posts of post pay sanctioned filled up kept in abeyance 1 2 3 4 5 Board’s Secretariat. (i) Non-Technical. 1. Chairman. 2. Secretary. Manual of Goa Laws (Vol. II) – 592 – Housing Board Act & Rules 3. Chief Accounts Officer. 4. Office Supdt. 5. Accountants. 6. Upper Division Clerks. 7. Lower Division Clerks-cum-Typists. 8. Peon. 9. Watchman. 10. Scavenger. ii) Technical. 1. Housing Engineer. 2. Executive Engr. 3. Dy. Asst. Engr. 4. Architect. 5. Supervisors/Section Officers 6. Surveyor. 7. Draughtsman. 8. Driver. 9. Mechanic. 10. Electrician. 11. Plumber. 12. Cleaner. 13. Watchman. XV Statement showing special pay attached to various posts Serial No. and category of post Special pay 1. Cashier Rs. 15 or Rs. 25 as the case may be. XVI Statement showing conveyance allowance attached to the various posts Serial No. and category of post Conveyance Allowance 1. Housing Engineer. 2. Executive Engineer. 3. Deputy/Assistant Engineer. 4. Architect. 5. Supervisors/Section Officer. 6. Surveyor. 7. Electrician. Manual of Goa Laws (Vol. II) – 593 – Housing Board Act & Rules FORM H (See Rule 16) Capital Account for the year 19 ..... 19 ..... Debits Expenditure Expenditure Sales or Total expen- upto 31st during the write off diture upto March, 19 .... Year during the end of 31st Year March, 19 ... 1 2 3 4 5 I. Expenditure on capital works. A. Land Acquisition and development. B. L.I.G.H. Scheme. C. M.I.G.H. Scheme. D. Slum Improvement Scheme. E. Housing for Industrial workers. II. Interest capitalized. III. Establishment capitalized. IV. Suspense. V. Tools and Plant. Total Credits Amount Amount Amount Total Received received re-paid net upto during during receipt 31st the the upto March, year year 31st March, 19 ... 19 ... 1 2 3 4 5 1. Loans borrowed from Government. 2. Subsidy from Government. 3. Advance received from Government not bearing interest. 4. Capital Surplus. a) Net profit on sale of properties/Govt. securities. b) Lapsed deposits purchase items, profit on stock etc. Total Revenue Account for the year 19.... 19.... To Rs. Rs. Rs. A. Properties. i) Repairs and maintenance— a) Current repairs. Manual of Goa Laws (Vol. II) – 594 – Housing Board Act & Rules b) Special repairs. ii) Municipal taxes, rent and taxes. iii) Ground rent. iv) Miscellaneous. B. Establishment and other charges. Less Recoveries of expenditure. Less Establishment charges capitalised. C. Provision for depreciation and other Reserve funds. i) Depreciation Reserve fund. ii) Pension fund. iii) Interest on Reserve funds. D. Redemption of loans. E. Special charges. i) Insurance. ii) Bad debts written off. iii) Leave salary and pension contribution. F. Interest paid on Government loans. Add interest payable upto 31st March, 19 ... G. Revenue surplus. Total By Rs. Rs. Rs. A. Rent of properties and service charges. Add Arrears of rent and service charges. B. Subsidy due from Government. C. Contage charges on deposit contribution works. D. Management charges. E. Miscellaneous receipts. i) Fines and forfeitures. ii) Sale of produce. iii) Other receipts. Total F. Net Revenue Account for the year 19 .... -19 .... To Rs. Rs. Rs. A. Balance brought forward from Revenue Account. B. Balance carried over to balance sheet. Total Manual of Goa Laws (Vol. II) – 595 – Housing Board Act & Rules By A. Balance brought forward from Revenue Account. B. Interest on money at deposit received during the year. Add accrued as on 31st March, 19 ... Less accrued as on 31st March, 19 ... Total Depreciation Reserve Account for the year 19.... -19 .... To Rs. A. Expenditure debited to the Reserve (withdrawal in respect of buildings sold or demolished) B. Balance carried over to Balance Sheet. Total By Rs. A. Balance brought forward from last year’s account. B. Amount brought forward from Revenue Account. Total Pension Fund Account for the year 19 .... - 19.... To Rs. A. Expenditure debited to the fund on account of pension and other retirement benefits. B. Balance carried over to Balance Sheet. Total By Rs. A. Balance brought forward from last year’s Account. B. Amount brought forward from Revenue Account. Total Balance sheet as on 31st March, 19 .... Liabilities. A. Capital Account. Amount received as per Capital Account. B. Sundry creditors. a) Hire purchase scheme. i) balance as per last balance sheet. ii) amount received during the year. Less expenditure during the year. b) Other deposit contribution works. i) balance as per last balance sheet. ii) amount received during the year. Less expenditure during the year. c) Deposits from tenants. i) balance as per last balance sheet. ii) amount received during the year. Less amount repaid during the year. Manual of Goa Laws (Vol. II) – 596 – Housing Board Act & Rules d) Deposits from contractors, etc. i) balance as per last balance sheet. ii) amount received during the year. Less amount repaid during the year. e) Management of i) balance as per last balance sheet. ii) amount received during the year. Less expenditure during the year. C. Depreciation Reserve Fund Account. D. Pension fund Account. E. Loan redemption account. a) For S. I. H. S. loans as per last balance sheet. Add for the year. b) For L. I. G. H. S. loans as per last balance sheet. Add for the year. c) For M. I. G. H. S. loans as per last balance sheet. Add for the year. F. Ad-hoc provision on account of land Revenue payable for Govt. lands. As per last balance sheet. Add for the year. G. Provision for unliquidated liabilities. i) Electricity ii) Water charges. H. Revenue surplus as per last balance sheet. Add as per net Revenue Account. Total Assets A. Capital Account. Amount expended as per Capital Account. B. Sundry debtors. Govt. of Goa, Daman & Diu on account of a) Subsidy as per last balance sheet. Add due for the year as per Revenue Account. Less amount received during the year. b) Sale price of developed plots. c) Sale price of tenements. C. Tenants on account of i) Rents. ii) Electricity/water. iii) Cost of suits. iv) Other items. Less provision for bad debts as per last balance sheet. Add amount written off now realised during the year. Less bad debts written off now realised during the year. Manual of Goa Laws (Vol. II) – 597 – Housing Board Act & Rules D. Officers of the Board on account of i) permanent advance. ii) advance to staff. E. Banks for interest accrued as per net Revenue Account. F. Loans to participants of i). L. I. G. H. S. ii) M.I.G.H.S. iii) Co-operative Societies. G. Investments in Govt. loans. I. Cash with Bank on deposits. J. Cash with Bank in current account. K. Cash in Hand. Total. Manual of Goa Laws (Vol. II) – 598 – Housing Board Act & Rules GOA HOUSING BOARD (Regulations governing Registration, Allotment and sale of Plots, for construction of Residential Houses under the Housing Scheme) In exercise of the powers conferred by section 129 of the Goa Housing Board Act, 1968 (Act 12 of 1968) and all other powers enabling it in this behalf, the Goa Housing Board, with the previous approval of the Government, hereby makes the following regulations, namely:— , 1. Short title and commencement.— (1) These regulations may be called the Goa Housing Board (Registration, Allotment and Sale of Plots) Regulations, 1982 as amended by Regulations, 1994, and as amended by Regulation, 2001. (2) They shall apply to the registration of intending purchasers of plots developed by the Goa Housing Board for construction of residential house/flat/bungalow. (3) They shall come into force at once. 2 Definitions.— In these regulations, until the context otherwise requires:- (i) “Act” means the Goa Housing Board Act, 1968 (12 of 1968); (ii) “Allotment Committee” means a committee constituted under regulation 7 for the purpose of allotment of a plot under sub-section (1) of Section 19 of the Act; (iii) “Allottee” means a person to whom allotment of a plot is made; (iv) “Applicant” means a parson who has applied to the Board for a plot for the construction of a residential house/flat/bungalow under the Scheme specified in these regulations; (v) “Blind and Physically Handicapped” means those who are blind or where permanent physical disability impairment of either upper or lower limb is 50% and above as certified by the competent authority of Goa Medical College; (vi) “Board” means the Goa Housing Board; (vii) “Ex-Servicemen and their dependents” means the former members of the armed forces of the Union not being persons who have ceased to be members of the armed forces as a result of their being duly dismissed or discharged after a Court Martial or as a result of desertion or who have been arrested; (viii) “Family” in relation to applicant means the applicant and if married, wife or husband as the case may be, dependent brothers, unmarried sisters actually dependent upon applicant and widowed sisters if dependent on applicant; (ix) “Form” means a form appended to these regulations; (x) “Freedom Fighter” means a person who has been recognised as such by the Government; Manual of Goa Laws (Vol. II) – 599 – Housing Board Act & Rules (xi) “Government” means the Government of Goa; (xii) “Income” in relation to an allottee or applicant means the total annual income regularly derived by him/her from occupation, trade, business, employment or calling source constituting normal means of livelihood during the preceding financial/calendar year. (xiii) “Other Backward Classes” are those communities which have been notified as such by the Government from time to time; (xiv) “Para-military Forces” include personnel of Border Security Force, Indo- -Tibetan Police, Assam Rifles, etc. who have been killed or disabled or declared missing in 1962 Sino-Indian Conflict and 1965 and 1971 Indo-Pak Conflict or any other combat thereafter on production of a certificate from the Defence or similar Authorities, as the case may be; (xv) “Plot” means a developed plot of land having specified dimension and boundaries allotted for the purpose of construction of residential house/flat/ /bungalow; (xvi) “Scheduled Castes” are those classes which have been notified as such under the Constitution (Goa, Daman and Diu) Scheduled Castes Order, 1968; (xvii) “Scheduled Tribes” are those classes which have been notified as such under the Constitution (Goa, Daman and Diu) Scheduled Tribes Order, 1968. 3. Conditions of eligibility:— (1) The applicant must be a domicile of the State of Goa, with residency period of not less than ten years or a person whose parents or grand- parents are of the origin of the State. Further the applicant shall not own or possess a tenement or plot under the Housing Board Scheme any where in the State of Goa. (2) The applicant shall be entitled to fill in only one application form either in his or her own name or in the name of any other member of his or her family and to apply only in one of the category to which he or she may belong, namely either as a member of the general public or in any of the reserved categories specified hereunder. (3) Only such classes of persons whose annual income exceeds Rs. 12,600/- but does not exceed Rs. 2,00,000/- shall be eligible to apply for registration: Provided that the board may dispose of plots by public auction in accordance with the procedure notified from time to time in which case the ceiling limit of annual income of Rs. 2,00,000/- shall not apply for intending bidders. (4) The applicant should have attained the age of majority at the time of application. (5) No applicant shall be eligible for allotment of plot on the second occasion by the Board. 4. Reservation of plots.— The reservation of plots for persons belonging to different categories shall be as under— Manual of Goa Laws (Vol. II) – 600 – Housing Board Act & Rules (i) Scheduled Castes/Scheduled Tribes 2% (ii) Other Backward Classes.... 5% (iii) Freedom Fighters .... 1% (iv) Ex-Servicemen including personnel of Para-military forces and widows of defence personnel killed in action, if any.... 2% (v) Blind and physically handicapped persons... 3% The minimum number of plots for each of the above reserved categories shall be one irrespective of the number of plots in the Scheme. (2) The Housing Board shall set apart not less than 25% of the plots for sale by open auction on cash down basis. Note.— Where there are no applicants from any particular reserved category, the quota earmarked for such category shall be added to the general category. 5. Notice of Registration:— (1) The board shall issue an advertisement in the form of a notice in the local newspapers with vide circulation inviting applications for registration of plots by such date which shall not be less than 15 days from the date of issue of the advertisement. (2) The notice shall indicate the reserved percentage for Scheduled Castes/Scheduled Tribes/Other Backward Classes, Freedom Fighters, Ex-Servicemen and Blind an Physically handicapped and shall also specify the location, size, cost, eligibility etc., of plots available for allotment both for general and reserved categories as specified in regulation 4 and also the amount of initial deposit, subsequent amount payable, etc. and the particulars of the Co-operative Banks, or Commercial Banks where the application forms, pamphlets and other relevant information may be obtained and where such application forms with challans are to be handed over. All applications alongwith one copy of the chalan in token of the necessary deposit made in Bank and so received by registered post with acknowledgements due shall be entertained by the Board. After receipt of such applications each applicant shall receive a post card indicating a serial number allocated to his/her application. All applications from persons belonging to the Reserved category shall be superscribed as “Reserved” indicating the category on the cover and on the top of the application. 6. Application for registration:— (1) The application for registration of a plot in pursuance of notice issued under regulation 5 above shall be in Form “I” and shall be subject to fulfilling the conditions of eligibility specified in regulation 3. (2) The deposit if payable shall be Rs. 5,000/-. 7. The Allotment Committee shall consist of the following.— (i) The Housing Board Chairman or in his absence any one member of the Board present ...... Chairman. Manual of Goa Laws (Vol. II) – 601 – Housing Board Act & Rules (ii) Collector, North Goa District/Collector, South Goa District, as the case may be, or any other representative nominated by the Collector but not below the rank of Deputy Collector ........... Member. (iii) Managing Director of the Housing Board or in his absence the Housing Engineer of the Board .............. Member. The Allotment Committee may co-opt any one member from the Board. 8. Drawal of lots for the purpose of allotment.— (1) Every application on receipt shall be given a serial number and shall be entered in the register along with the name of the applicant, address, income and occupational status, this serial number shall be communicated to the applicant by post card from the Board within seven days of receipt of the application. (2) Within ten days after the expiry of the last date for receipt of applications, a draw shall be held, wherein all the serial numbers given to applications shall be fed into a draw/lottery machine for the purpose of determining the successful applicants. (3) The 1st draw of serial numbers shall be equal to the number of plots/tenements to be allotted minus the percentage/number which is covered by reservation for Scheduled Caste/Scheduled Tribe, Other Backward Classes, freedom fighters, blind and physically handicapped persons, ex-servicemen including Para-Military Personnel and widows of Defence Personnel killed in action, if any. This shall form the first or main list. (4) To cover the possibility of some applications in the first list being rejected on scrutiny, an equal number of serial numbers i. e. applications, shall be drawn and this shall comprise of the second or standby list. (5) All applications received from the Reserved percentage of persons, shall be kept separate, categorywise. Separate lots shall be drawn categorywise if sufficient applications are received. Otherwise all applications shall be considered for allotment, after scrutiny. The percentage quota under any category not applied for and hence not considered for allotment shall be added to the general pool. (6) Thereafter, the Allotment Committee shall scrutinise the applications from the first list and for every application that is rejected, take up the topmost serial number/application from the second list as a substitute and scrutinise the same till the first list and corresponding total number of quota/plots is exhausted. That is say, if ten applications in the first list were rejected, these ten shall be substituted by the first ten or more serial numbers/applications in the second list after due scrutiny. Thereafter, the Allotment Committee shall scrutinise and keep ready (in the serial order of lots picked up) 10 to 15 or more applications from the standby list to adjust against an allotment in the event of some applicants from the main list withdrawing from the scheme: “Provided that if any allottee after scrutiny is found to be ineligible as per the regulations, the number of the said allottee shall be cancelled and shall not be eligible for the second drawal of lots as laid down under regulations 8(11)”. Manual of Goa Laws (Vol. II) – 602 – Housing Board Act & Rules (7) The scrutiny shall as far as possible be held immediately after lots are drawn on the basis of the two lists. While the draw of lots for allotment may be a public function, the scrutiny by the Allotment Committee, which is to follow immediately thereafter, is to be in strict seclusion. Soon after the scrutiny, the eligible serial numbers (from the applications received and picked in the draw accordingly) shall be announced by display on the notice board at the venue where lots were drawn and on the premises of the Housing Board. (8) On the working day following the announcement of the eligible numbers, these eligible serial numbers inclusive of those Reserved Categories (as per 5 above) shall be written on small bits of paper and rolled up/crushed and put in a small drum or container. Any applicant or a child may start picking these paper bits from the container and the first serial number so picked up shall be allotted plot number 1 in that order till the entire allotment is complete. (9) The reserved categories shall not maintain a separate identity in the final allotment of plots and that these serial numbers shall be merged with the rest. This final allotment indicating serial number of application plot number allotted is to be published on the notice board and by announcement in the press. Within 30 days of publication of this final result, it will be separately announced that the present Scheme is closed and all applicants who did not get a plot/tenement may withdraw their deposit and that no waiting list etc., shall be maintained to accommodate them in future. 9. Allotment of plots.— (1) After publication of allotment indicating serial number of the application and plot number allotted to the applicant, an offer of allotment shall be issued to him/her within a period of 8 days in Form “II”. (2) On receipt of the offer of allotment, the allottee shall within a period of 8 days convey his or her acceptance of the plot in Form “III”. (3) The order of allotment of plot shall be issued in Form “IV” as and when the plot is ready for allotment. (4) Failure to convey the acceptance within the period stipulated in clause (2) above the allotment shall be cancelled and 5% of the money deposited by the applicant shall be forfeited to the Board and the balance shall be refunded without any interest. (5) The decision of the Chairman in the matter of allotment of the plots shall be final and binding on the allottees. (6) The plot offered shall be on as in where in basis and the allottee shall not have any right to complain or raise any objection about nature, non-condition or planning etc., or to claim any damage or compensation on any account from the Board. (7) If an applicant withdraws from the scheme after depositing the initial deposit money, 5% of the money deposited by the applicant shall be forfeited to the Board and the Balance amount shall be refunded without any interest. 10. Cost calculation and construction of house, etc.— (1) The cost of the plot allotted shall be final and payment thereof made in one lumpsum within a period of 25 Manual of Goa Laws (Vol. II) – 603 – Housing Board Act & Rules days of the receipt of the order of allotment under the foregoing regulations. Delayed payment shall be subject to penal interest at such rate as may be decided by the Board. (2) The allottee shall construct a house or flat or bungalow over the allotted plot within a period of three years from the date of allotment, failing which the plot shall be reverted to the Board and the cost refunded to the allottee without payment of any interest thereof: Provided that on an application made in this behalf and for reasons to be recorded in writing, the Secretary of the Board may extend the period to construct a house to a maximum period of 10 years on payment of composition fee/penalty for delayed construction as under:— a) After 3 years and less than 5 years 1/2 % of the cost of the plot b) After 5years and less than 7 years 1% of the cost of the plot c) After 7 years and less than 8 years 2% of the cost of the plot d) After 8 years and less than 10 years 3% of the cost of the plot If the allottee fails to complete the construction of house/bungalow within 10 years, the plot shall stand reverted to the Board and the initial deposit paid by the allottee shall be forfeited and the balance be paid to the allottee without any interest. (3) The allottee shall prepare the construction plan of the house/bungalow with minimum 30% ground coverage of the plot area, keeping in mind these aesthetic point of view, on the basis of ground coverage, control of height and roof, rather than on the basis of Floor Area Ratio as prescribed for such area by the Board and obtain a “No Objection Certificate” from Board before submission of plans to the Municipal Council or the Village Panchayat as the case may be: Provided that the Board may consider execution of sale deed towards the transfer of the allotted plot after violation of the condition of obtaining “No Objection Certificate” from the Board before submission of plan to the Municipal Council or Village Panchayat, if the construction carried out is as per the approved building bye-laws, on payment of penalty of 5% of the cost of the plot. (4) The construction of house/flat/bungalow shall be in accordance with the plans approved by the Municipal Council or the Village Panchayat, as the case may be, under the Rules and Regulations in force in the locality concerned. (5) The allottee shall execute a conveyance deed towards the transfer of the allotted plot within 30 days of the construction of the house/flat/bungalow. Till such time as the conveyance deed is not executed, the allotment of plot shall for all intents and purpose, be allotment simplicitor for the purpose of construction of house. 11. Penalty for misrepresentation, suppression of facts or for breach or contravention of any of the conditions of the regulations.— If it is found at any stage that the applicant has given false information or has suppressed any material facts or has committed breach or contravened any of the conditions of these regulations the application shall be rejected and the allotment of plot if already made shall be liable for cancellation and the amount deposited or paid by the applicant towards registration, Manual of Goa Laws (Vol. II) – 604 – Housing Board Act & Rules allotment or purchase of a plot shall be liable for forfeiture to the Board without prejudice to the right of the Board to take any other action under the laws in force. 12. Other Conditions:— (a) The powers to relax and or to amend any of the provisions of these regulations shall rest with the Government. (b) The Board shall have the right to impose any terms and conditions not specifically covered by the aforesaid regulations, as may be decided in this behalf from time to time after obtaining prior concurrence of the Government. (c) The Board may devise a special scheme for allotment of plots to the Officers and other employees of the Board, Members of the Board, Journalists who are accredited to the Government and such other classes of persons as may be decided from time to time after obtaining prior concurrence of the Government. 13. Savings.— The repeal of the earlier regulations shall not affect: (1) The operation of any scheme actually taken up under any of the earlier regulations or anything duly done or suffered thereunder, or (2) Any right, privilege, obligation or liabilities acquired, accrued or incurred under any earlier regulation, or (3) Any penalty, forfeiture or punishment incurred in respect of any offence committed against any regulation, or (4) Any investigation, prosecution, legal proceedings or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid and any such investigation, prosecution, legal proceedings or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if this regulation had not been made: Provided that anything done or any action taken including assessments or transfers made, orders, notices, warrants or proclamation issued or other records framed or confirmed, right acquired, liabilities incurred shall in so far as it is not inconsistent with the provisions of this Regulation be deemed to have been done or taken under the corresponding provisions of this Regulation and shall continue to be done accordingly unless and until superseded by anything done or action taken under this Regulation. ———— Manual of Goa Laws (Vol. II) – 605 – Housing Board Act & Rules FORM - I Form of application for registration of plot [See Regulation 6 (1)] 1. Applicant’s full name (in block letters): 2. Address: (a) Permanent: (b) Present: 3. Occupation: (a) Name of the Establishment/Office. (b) Nature of job on which employed, if any ....... 4. Present pay including allowances: ....... (b) Total annual income of the applicant for the last financial/calendar year (Certificate to be enclosed). 5. Category for which applied (Whether reserved, certificate in proof to be enclosed). 6. Amount of deposit made (Whether by cash or pay order/demand draft No. ....... dated ....... Challan No. ....... 7. Locality to which application relates: 8. Period of residency in the State of Goa (Certificate to be attached). I, solemnly affirm and state: (a) I have satisfied myself that I fulfill the conditions laid down in Regulation 3 of the Goa, Daman and Diu Housing Board (Registration, Allotment and Sale of Plots) Regulations, 1982, and as amended by Regulations 1994. (b) The statements made above are true to the best of my knowledge and belief. (Applicant’s Signature) ________ FORM – II Offer of Allotment [See Regulation 9(3)] In pursuance of Regulation 9(3) of Goa Housing Board (Registration, Allotment and Sale of Plots) Regulations, 1982, and as amended by Regulations 1994 Shri/Smt./Kum. .......................... resident of .......................... is hereby offered plot No. .................. admeasuring ..................... sq. mts. in land at .................. under General/ /Reserved Category of ................ at the cost of Rs. ................ (Rupees ....... only) as per calculation sheet attached. 2. The offer shall be subject to the condition that sum of Rs. ....... is deposited with the Board within a period of 25 days of the receipt of the order of allotment of the plots. Manual of Goa Laws (Vol. II) – 606 – Housing Board Act & Rules 3. In terms of Regulation 9(4) of the Regulations 1982 and as amended by Regulations 1994 Shri/Smt./Kum ........... should convey his/her acceptance within a period of 8 days of receipt hereof failing which the offer will stand cancelled and 5% of the money deposited shall be forfeited to the Board and the balance refunded without any interest as provided in Sub-Regulation (4) of Regulation 9 of the Regulations, 1982, and as amended by Regulations, 1994. Secretary/Managing Director ________ FORM – III Intimation of acceptance of offer of allotment [As prescribed in Regulation 9(2)] To, The Chairman, Goa Housing Board, Alto-Betim, Porvorim, Bardez-Goa. Sir/Madam, With reference to your offer of allotment made under No. ................ dated .......... I hereby convey my acceptance of the plot unequivocally and without any reservation or any complaint on my part in respect of the said plot. I hereby agree to abide by the Goa Housing Board (Registration, Allotment and Sale of Plots) Regulations, 1982 and as amended by Regulations, 1994, and the terms and conditions stipulated thereunder. Yours faithfully, ( ) Dated: ________ FORM-IV Order of Allotment [See Regulation 9(5)] In exercise of the powers conferred by Regulation 9(5) of the Goa, Daman and Diu Housing Board (Registration, Allotment and Sale of Plots) Regulations, 1982 and as amended by Regulations, 1994, Shri/Smt./Kum. .................... is hereby allotted Plot No. .......... admeasuring ........ sq. mts. in ...... land at ........ under General/Reserved Category of .......... Shri/Smt./Kum. ...............should remit the cost of the plot within 30 days of the receipt of this order, as per calculation sheet appended to the offer of allotment made. The allottee should report to this office for taking possession of the plot and for completion of other formalities after remission of the cost. Secretary/Managing Director Manual of Goa Laws (Vol. II) – 607 – Housing Board Act & Rules FORM -V Affidavit (Note: to be executed before a Competent Magistrate on a non-judicial stamp paper of Rs. 3/-) I, Shri/Smt./Kum. ..................... son/wife/daughter of .............. do hereby solemnly affirm and state as under:— 1. That I have applied for allotment of a plot in ............ land at ............... from the Goa Housing Board under General/Reserved Category of .............. 2. That neither myself nor any other member of my family own a plot of land or any other dwelling unit or tenement under the Housing Board Scheme anywhere in the State of Goa. I further affirm that what is stated hereinbefore is true to my own knowledge and belief and I know that to make a false affidavit is an offence. DEPONEN T Goa Housing Board (Regulations governing Registration, Allotment and Sale of Tenements constructed under any Housing Scheme) In exercise of the powers conferred by Section 129 of the Goa Housing Board Act, 1968 (Act 12 of 1968) and all other powers enabling it in this behalf, the Goa Housing Board with the previous approval of the Government and in supersession of all other regulations, in this regard thereby makes the following regulations, namely:— 1. Short title and commencement.— (1) These regulations may be called the Goa Housing Board (Registration, Allotment and Sale of Tenements) Regulations, 1982 and as amended by Regulations, 1993, and as amended by Regulation, 2001. (2) They shall apply to the registration of intending purchasers of houses, flats and bungalows constructed by Goa Housing Board under Low Income Group, Middle Income Group and Higher Income Group Schemes, Scheme for Economically Weaker Section of the Society or under any other Scheme approved by the Government for the purpose of these regulations in the State of Goa. (3) They shall come into force at once. 2. Definitions.— In these regulations, unless the context otherwise requires:- (i) “Act” means the Goa Housing Board Act, 1968 (Act 12 of 1968); (ii) ‘Allotment Committee” means a Committee constituted under regulation 7 for the purpose of allotment of a tenement under sub-section (i) of Section 19 of the Act; (iii) “Allottee” means a person to whom allotment of a tenement is made; (iv) “Applicant” means a person who has applied to the Board for allotment of a tenement under any of the Scheme specified in these regulations; Manual of Goa Laws (Vol. II) – 608 – Housing Board Act & Rules (v) “Blind and Physically Handicapped” means those who are blind or those whose permanent physical disability/impairment of either upper or lower limbs is 50 % and above as certified by the competent authority of Goa Medical College; (vi) “Board” means the Goa Housing Board; (vii) “Economically Weaker Section of the Society” means such class of people whose monthly income does not exceed the limit fixed by the Board for each scheme or such norms as may be followed by HUDCO, from time to time; (viii) “Ex-servicemen” means the former members of the armed forces of the Union not being persons who have ceased to be members of the armed forces as a result of their being duly dismissed or discharged after a Court Martial or as a result of desertion or who have been arrested; (ix) “Family” in relation of applicant means the applicant and if married, wife or husband as the case may be dependent brothers, unmarried sisters actually dependent upon the applicant and widowed sister if dependent on applicant; (x) “Form” means a form appended to the regulations; (xi) ‘Freedom Fighter” means a person who has been recognised as such by the Government; (xii) “Government” means the Government of Goa; (xiii) “Higher Income Group” means such class of person whose monthly income exceeds Rs. 5,000/- and above or such amount or such norms as may be followed by HUDCO from time to time. (xiv) “Income” in relation to allottee or applicant means the total annual income regularly derived by him/her from occupation, trade, business, employment or any calling or source constituting normal means of livelihood during the preceding financial/calendar year. (xv) “Low Income Group” means such class of people whose monthly income does not exceed the limit fixed by the Board for the respective scheme or such norms as may be followed by HUDCO from time to time; (xvi) “Middle Income Group” means such class of people whose monthly income does not exceed the limit fixed by the Board for the respective scheme or such norms as may be followed by HUDCO from time to time; (xvii) “Other Backward Classes” are those communities which have been notified as such by the Government from time to time; (xviii) “Para-Military Forces” includes personnel of Border Security Forces, Indo- Tibetan Police Force, Assam Rifles, etc. who have been killed or disabled or declared missing in 1962, Sino-Indian Conflict and 1965 and 1971 Indo-Pak Conflict or any other combat thereafter and their families on production of a certificate from Defence or similar Authorities, as the case may be; Manual of Goa Laws (Vol. II) – 609 – Housing Board Act & Rules (xix) “Scheduled Castes” are those classes which have been notified as such under the Constitution (Goa, Daman and Diu) Scheduled Castes Order, 1968. (xx) “Scheduled Tribes” are those classes which have been notified as such under the Constitution (Goa, Daman and Diu) Scheduled Tribes Order, 1968; (xxi) “Tenement” means a house, flat or bungalow built by the Board or by Agencies entrusted by the Board. 3. Conditions of eligibility:— (1) The applicant must be a domicile of the State of Goa, with a residency period of not less than ten years or a person whose parents or grand-parents are of the origin of the Goa State. Further, the applicant should not own or possess a tenement or plot under the Housing Board Scheme anywhere in the State of Goa. (2) The applicant shall be entitled to fill in only one application form either in his or her own name or in the name of any other member of his or her family and to apply only in one category to which he or she may belong, namely, either as a member of the general public or in any of the reserved categories specified hereunder, and for the schemes to which he or she is entitled as per his or her declared income group. (3) The applicant shall have attained the age of majority at the time of application. (4) No applicant shall be eligible for allotment of a tenement on the second occasion by the Board. 4. Reservation of Tenements.— (1) The reservation of tenements for the persons belonging to different categories shall be as under:— (i) Scheduled Castes/Scheduled Tribes 2% (ii) Other Backward Classes.... 5% (iii) Freedom Fighters .... 1% (iv) Ex-Servicemen including personnel of Para-military forces and widows of defence personnel killed in action, if any.... 2% (v) Blind and Physically Handicapped Persons... 3% The minimum number of tenements for each of the above reserved categories shall be one, irrespective of the number of tenements in the scheme. (2) The Housing Board may place 10% of the tenements at the disposal of the Government, on payment, for allotment to dispose off 10% of the tenements reserved thereto within a period of six months then the Goa Housing Board may sell the unsold tenements subject to the provision of regulation 3. (3) The eligibility criteria for the disposal of the remaining tenements shall be the income of the applicants who shall be categorised as follows:— (i) economically weaker sections, (ii) low income groups, Manual of Goa Laws (Vol. II) – 610 – Housing Board Act & Rules (iii) middle income groups, (iv) higher income groups. (4) The percentage of allotment amongst the aforesaid categories may be decided by the Board. (a) Where there are no applicants from any particular reserved category, the quota earmarked for such category shall be added to the general category; (b) The following income certificates may be considered admissible:- (i) Higher income Income certificates group and middle from employer/copy income group of income-tax return/ /tax assessment order. (ii) Low income group/ Income certificates /economically weaker from the employer or sections from any Revenue Authority prescribed to issue such certificate under the Rules in force. 5. Notice of Registration:— (i) The Board shall issue an advertisement in the form of a notice in the local newspapers with circulation inviting applications for registration of tenements by such date which shall not be less than 15 days from the date of issue of the advertisement. (ii) The notice shall include the reserved percentage for scheduled caste/scheduled tribe, other backward classes, Freedom Fighters, ex-servicemen and blind and physically handicapped and shall also specify the location, size, cost, eligibility, etc. of tenements available for allotment both for general and reserved categories as specified in regulation 4 and of the amount of intial deposit, subsequent amount payable etc. and the particulars of the Co-operative Banks/Commercial Banks where application form, pamphlets and other relevant information may be obtained and where such application form with chalans are to be handed over. All applications alongwith one copy of the chalan in token of the necessary deposit made in bank and so received by registered post acknowledgement due shall be entertained by the Board. After receipt of such application each applicant shall receive a post card indicating a serial number allocated to his/her application. All applications from persons belonging to the reserved categories shall be superscribed as “Reserved” indicating the category on the cover and on the top of applications. 6. Applications for Registration.— (1) The application for registration of a tenement in pursuance of a notice issued under regulation 5 above shall be in Form ‘I’ and shall be subject to fulfilling the conditions of eligibility specified in regulation 3. (2) The deposit payable shall be Rs. 8,000/- for Low Income Group, Rs. 10,000/- for Middle Income Group, Rs. 15,000/- for Higher Income Group and Rs. 800/- for Economically Weaker Sections of Community provided that in case of schemes financed Manual of Goa Laws (Vol. II) – 611 – Housing Board Act & Rules with the assistance of HUDCO, the said deposit will be Rs. 500/- if the applicant belongs to the Middle Income Group, Rs. 250/- for Low Income Group, and Rs. 100/- for Economically Weaker Sections of community or as may be specified by HUDCO from time to time. Explanation.— “HUDCO” means the Housing and Urban Development Corporation of India Ltd. 7. Allotment Committee:— The Allotment Committee shall consist of the following:— 1) Housing Board Chairman or in his absence any one member of the Board present Chairman 2) The Collector of the concerned District of his subordinate Officer who is not lower in rank than Deputy Collector Member 3) Secretary of the Housing Board or in his absence the Housing Engineer of the Board. The Allotment Committee may co-opt any one member from the Board Member 8. Drawal of lots of the purpose of Allotment:— (1) Every application on receipt shall be given a serial number and shall be entered in the register alongwith the name of the applicant, address, income and occupational status. This serial number shall be communicated by post card to the applicant by the Board within 7 days of receipt of the applications. (2) Within 10 days after the expiry of the last date for the receipt of the application, a draw shall be held, wherein the serial numbers given to the applications shall be fed in a draw/lottery machine. (3) The 1st draw of serial numbers shall be equal to the number of tenements to the allotted minus the percentage/numbers which is covered by reservation for Scheduled Castes/Scheduled Tribes, Other Backward Classes, Freedom Fighters, Blind and Physically Handicapped persons, Ex-Servicemen including Para-Military Personnel and widows of Defence Personnel killed in action, if any. This shall form the first or main list. (4) To cover the possibility of some applications in the first list being rejected on scrutiny, an equal number of serial numbers, i.e. applications shall be drawn and this shall comprise of the second or standby list; (5) All applications received from the reserved percentage of persons, shall be kept separate category-wise. Separate lots shall be drawn category-wise if sufficient applications shall be considered for allotment, after scrutiny. The percentage quota under any category not applied for and hence not considered for allotment shall be added to the general pool. (6) Thereafter, the Allotment Committee would scrutinize the applications from the first list and for every application that is rejected, take up the top-most serial Manual of Goa Laws (Vol. II) – 612 – Housing Board Act & Rules number/application from the second list as a substitute and scrutinize the same till the first list and corresponding total number of tenements is exhausted. That is to say, if 10 applications in the first list were rejected, these 10 shall be substituted by the first 10 or more serial numbers/applications in the second list after the scrutiny. Thereafter, the Allotment Committee shall scrutinise and keep ready (in the serial order of lots picked up) 10 to 15 or more applications from the standby list to adjust against an allotment in the event of some applicant from the main list, withdrawing from the scheme. (7) The scrutiny shall as far as possible be held immediately after lots are drawn on the basis of two lists. While the draw of lots for allotment may be a public function, the scrutiny by the Allotment Committee which is to follow immediately thereafter is to be in strict seclusion. Soon after the scrutiny, the eligible serial numbers (from the applications received and picked in the draw accordingly) shall be announced by display on the notice board at the venue where lots were drawn and on the premises of the Housing Board. Provided that if any allottee after scrutiny is found to be ineligible as per the regulations, the number of the said allottee shall be cancelled and he shall not be eligible for the second drawal of lots as laid down under regulation 8(8). (8) On the working day following the day of announcement of eligible serial numbers, these eligible serial numbers inclusive of those of the reserved categories as per (5) above shall be written on small bits of paper and rolled up/crushed and put in a small drum or a container. Any applicant or a child may start picking these paper bits from the container and the first serial number so picked up shall be allotted tenement No. 1 in that order till the entire allotment is complete. (9) The reserved categories shall not maintain a separate identity in the final allotment of tenements and that these serial numbers shall be merged with the rest. This final allotment indicating serial number of application and tenement number so allotted is to be published on notice board and by announcement in the press. Within 30 days of publication of this final result, it will be separately announced that present scheme is closed and all applicants who did not get a tenement may withdraw their deposit and that no waiting list, etc. shall be maintained to accommodate them in future. 9. Allotment of tenements:— (1) After publication of allotment indicating serial number of the application and tenement number allotted to the applicant, an offer of allotment shall be issued to him or her within a period of 8 days in Form “II”. (2) On receipt of the offer of allotment, the allottee shall within a period of 8 days convey his or her acceptance of the tenement in Form “III”. (3) The order of allotment of tenement shall be issued in Form “IV” as and when the tenement is ready for allotment. (4) Failure to convey the acceptance within the period stipulated in clause (2) above, the allotment made shall be cancelled and 5% of the money deposited by the applicant shall be forfeited to the Board and the balance shall be refunded without any interest. (5) The decision of the Chairman in the matter of allotment of tenements shall be final and binding on the allottees. Manual of Goa Laws (Vol. II) – 613 – Housing Board Act & Rules (6) If an applicant withdraws from the scheme after depositing the initial deposit money, 5% of the money deposited by the applicant shall be forfeited to the Board and the Balance amount shall be refunded without any interest. 10. Cost, calculation, etc. of tenement:— (1) The cost of the tenement allotted shall be provisional in the first instance and shall be subject to variation after settlement of the account of the work. (2) The allottee shall make payment within a period of 25 days of receipt of the order of allotment under the foregoing regulations. Delayed payment shall be subject to penal interest at such rate as may be decided by the Board. (3) The mode of payment of tenement allotted shall be either on outright purchase basis or on hire purchase basis, as the case may be, depending upon the option exercised in the application form - Provided that it shall be open for the allottee who opted for hire purchase to pay the cost earlier than due otherwise, but would not be allowed to change the option from outright to hire purchase under any circumstances. (3) (a) The Board shall determine the number of tenements which may be allotted on outright purchase basis or on hire purchase basis, and shall also determine the method of incentives for purchase on outright basis which may include preferential cost calculation and also the house numbers in every scheme that may be set apart. (4) Allotment of tenement on hire purchase basis shall be subject to execution of an agreement agreeing to buy the tenement on hire purchase basis, within a period of 8 days from the date of payment of 30% of the provisional cost after receipt of the order of allotment under the foregoing regulations. (5) The tenement offered on hire purchase basis shall be subject to execution of hire purchase agreement on finalisation of the cost of the tenement. It shall also subject to payment of difference if any in the 30% of the cost and payment of compound interest at such rate as may be fixed by the Board from time to time. The amount of equated monthly instalments will be worked out on the basis of the rate of interest so fixed. (6) The allottee under hire purchase category shall punctually pay to the Board the whole of the equated monthly instalments on or before 10th of every month. Failure to pay by the due date, a penal interest at 10% shall be charged on the unpaid amount till it is paid. The minimum amount of penal interest collected shall not be less than a month’s interest notwithstanding the period of default being less than a month. (7) The hire purchaser shall not be entitled to subject either the whole or any part of the tenement whatsoever. 11. Penalty for misrepresentation/suppression of facts or for breach of contravention of any of the conditions of the regulations:— If it is found at any stage that the applicant has given false information or has suppressed any material fact or has committed breach or contravened any of the conditions of these Regulations, the application shall be rejected and the allotment of tenement if already made shall be liable for cancellation and the amount deposited or paid by the applicant towards registration, Manual of Goa Laws (Vol. II) – 614 – Housing Board Act & Rules allotment or purchase of tenement shall be liable for forfeiture to the Board without prejudice to the right of the Board to take any other action under the law in force. 12. Other conditions:— (a) The powers to relax or to amend any of the provisions of these Regulations shall rest with the Government. (b) The Board shall have the right to impose any terms and conditions not specifically covered by the aforesaid regulations, as may be decided in this behalf from time to time after obtaining prior concurrence of the Government. (c) Board may devise a special scheme for allotment of tenements to the officers and other employees of the Board, Members of the Board, Journalists, who are accredited to the Government and such other classes of a persons as may be decided from time to time, after obtaining prior concurrence of the Government. 13. Savings:— The supersession of any earlier regulation shall not affect:— (1) The operation of any of the schemes actually taken up under the earlier regulations or anything duly done or suffered thereunder; or (2) Any right, privilege, obligation or liabilities actually acquired, accrued or incurred under any earlier regulations; or (3) Any penalty, forfeiture or punishment actually declared in respect of any offence committed against any regulations; or (4) Any investigation, prosecution, legal proceedings or remedy in respect of any such rights, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid. And any such investigation, prosecution, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as of this regulation had not been made: Provided that anything done or any action taken including assessments or transfer made, orders, notices, warrants of proclamation issued or other records framed or confirmed, right acquired, liabilities incurred shall in so far as it is not inconsistent with provisions of this Regulation be deemed to have been done or taken under the corresponding provisions of this Regulation and shall continue to be done accordingly unless and until superseded by anything done or action taken under this Regulation. ________ FORM I Form of application for Registration of Tenement [See Regulation 9(1)] 1. Applicant’s full name (IN BLOCK LETTERS) 2. Address: (a) Permanent. (b) Present. 3. Occupation: (a) Name of Establishment/Office (b) Nature of job on which employed, if any Manual of Goa Laws (Vol. II) – 615 – Housing Board Act & Rules 4. (a) Present pay including allowances: (b) Total annual income of the applicant for the last financial/calendar year (certificate to be enclosed). 5. Income Group to which the applicant belongs: (whether LIG, MIG, HIG, or EWS): 6. Category for which applied (whether Reserved or General, if reserved certificate in proof to be enclosed): 7. Amount of deposit made by Challan No.: 8. Mode of payment of tenement is allotted (whether outright or hire purchase, shall be as fixed by the Board. 9. Locality to which application relates: 10. Period of residence in the State of Goa (Certificate to be attached): I solemnly, affirm and state that: (a) I have satisfied myself that I fulfil the conditions laid down in regulation 3 of the Goa Housing Board (Registration, Allotment and Sale of Tenements, Regulations, 1982, and as amended by Regulation, 1993. (b) The statements made are true to the best of my knowledge and belief Date: (Applicant’s signature) ______ FORM II Offer of Allotment [See Regulation 9(1)] In pursuance of Regulation 9(1) of the Goa Housing Board (Regulation, Allotment and Sales of Tenements) Regulations, 1982, Shri/Smt./Kum. ................... resident of ........... is hereby offered Tenement No. ................ in .............. Scheme .............. at .......... on basis under General/Reserved Category of....................... at the provisional cost of Rs. ................. (Rupees .................................................. only) as per calculation sheet attached. The offer shall be subject to the following conditions:— (1) The provisional cost of the tenement will be subject to revision after settlement of account of the work. (2) A sum of Rs. ...... is deposited with the Board within period of 25 days of receipt of the order of allotment of the tenements as per calculation sheet. (3) In case the tenement is allotted on hire purchase basis, 30%, of the cost after deducting the initial deposit made plus the interest accrued thereon together with first instalment of Rs. ........ shall be payable as per details furnished in the calculation sheet. Manual of Goa Laws (Vol. II) – 616 – Housing Board Act & Rules In terms of Regulation 9(1) of the aforesaid Regulation Shri/Smt./Kum. ..................... should convey his or her acceptance within a period of 8 days of receipt hereof failing which the offer shall stand cancelled and 5% of the money deposited shall be forfeited to the Board and the balance refunded without any interest as provided in Clause (4) of Regulation 9 of the Regulations, 1982. Yours faithfully, Secretary/Managing Director ________ FORM III Intimation of acceptance of offer of allotment [As prescribed in Regulation 9(2)] To, The .................. Goa Housing Board, ........................ Sir/Madam, With reference to your offer of allotment made under No. ................ date ............ I hereby convey my acceptance of the tenement unequivocally and without any reservation or any complaint on my part in respect of the said tenement. I hereby agree to abide by the Goa Housing Board (Registration, Allotment and the Sale of Tenements) Regulations, 1982, and the terms and conditions stipulated thereunder. Yours faithfully, ________ FORM IV Order of Allotment [See Regulation 9(3)] In exercise of the powers conferred by Regulation 9(3) of the Goa Housing Board (Registration, Allotment and Sale of Tenements) Regulations, 1982, Shri/Smt./Kum. .................................... hereby allotted Tenement No. .................. in ............... Scheme at ............. on basis under General/Reserved Category of ................. Shri/Smt./Kum. .................... should remit the cost of the tenement within 25 days of receipt of this order, as per calculation sheet appended to the offer of allotment made. The allottee should report to this office for taking possession of the tenement and for completion of other formalities after remission of the cost. Secretary/Managing Director Manual of Goa Laws (Vol. II) – 617 – Housing Board Act & Rules FORM V Affidavit (Note:- To be executed before a Competent Magistrate on a non-judicial stamp paper of Rs. 2/-). I, Shri/Smt./Kum. ......................... son/daughter of .............do hereby solemnly affirm and state as under:- (a) That I have applied for allotment of a tenement in Scheme of the Goa Housing Board at .............. on ............. basis under General/Reserved Category of .......... (b) That neither myself nor any other member of my family owns a residential house or plot or tenement under the Housing Board Scheme anywhere in the State of Goa. I, further affirm that what is stated hereinbefore is true to my knowledge and belief, I know that to make a false affidavit is an offence. Deponent Manual of Goa Laws (Vol. II) – 618 – Housing Board Act & Rules