Provisions regarding transfer of municipal property

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 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 in no way be inconsistent with the rules made in this behalf by the Government. (3) Notwithstanding anything contained in sub-section (1), a Council may lease its immovable property for a period not exceeding three years with appropriate annual rate of increase in rent and the lessee shall not be allowed to make any permanent constructions on such immovable property. Such lease may be renewed by the Council beyond the period of three years with the permission of the Director, who shall decide the reasonability of annual increase in rentals before issuing permission for extending the lease period: Provided that in respect of immovable property of a Council where the period has already expired and the leases are not renewed, the Council may renew the leases of such immovable properties at such rate of rental which shall not be less than Rs. 12/- per sq. metre per month in case of commercial establishment and shall not be less than Rs. 5/- per sq. metre per month in case of residential establishment, the reasonability of which shall be decided by the Director before issuing permission for extending the lease period.; (4) If any person refuses or fails to vacate the Municipal premises after expiry of lease period or for any other reason and after due notice from the Council, he shall be evicted from the said premises under the provisions of the Goa Public Premises (Eviction of Unauthorised Occupants) Act, 1988 (Act 22 of 1988) by the Director or any other Officer authorized by him in this behalf and designated as Estate Officer and notified under the provisions of the said Act.