The Government of Goa on 19th August 2022, has notified the Goa Buildings (Lease, Rent and Eviction) Control (Amendment) Bill, 2022 which seeks to insert new sections 40A and 53A so as to provide for grant of premises on agreement of leave and licence, it also seeks to carry out consequential amendments to section 2 so as to facilitate and encourage landlords to give the buildings on leave and licence basis.
As per section 40A, a licensee in occupation of any building given to him by a landlord on a leave and licence basis, shall vacate such building and allow the landlord to resume it’s occupation immediately on expiry of the period of leave and license; and in case of failure of the licensee to so vacate the building, the landlord may apply to the Deputy Collector for an order of eviction of the licensee.
On receipt of the application, the Deputy Collector shall issue a notice to the licensee to show cause why an order of eviction shall not be passed against him. On receipt of the notice, the licensee shall, in case he desires to contest such application, file his reply showing the cause, within a period of twenty days from the date of receipt of such notice.
The Deputy Collector shall decide the application within a period of six months from the date of its filing. Any licensee who fails to vacate the building, given to him by the landlord on leave and licence basis, after expiry of the leave and licence period, shall, on conviction, be punished with imprisonment which may extend to three months or with fine not exceeding rupees one lakh or with both.
Further section 53A deals with Contract of lease and an agreement of leave and license to be compulsorily registered. Any contract of lease or agreement of leave and licence of any building, entered into between the landlord and the tenant, or the licensee, as the case may be, after commencement of the Goa Buildings (Lease, Rent and Eviction) Control (Amendment) Act, 2022, shall be in writing and compulsorily registered before the registering officer under the Registration Act, 1908.
