Goa Real Estate Regulatory Authority (Recruitment And Conditions Of Service Of Employees) Regulations, 2024

[08 February 2024]

In exercise of the powers conferred on it under sub-sections (1) and clause (i) of sub-section (2) of section 85 read with section 28 of the Real Estate (Regulation and Development) Act, 2016 and Rule 11 of the Goa Real Estate (Regulation and Development) (Regulatory Authority, Chairperson, Members, officers and others, employees Appointment and Services Conditions), Rules, 2017 there off, and of all other powers enabling it in that behalf, the Goa Real Estate Regulatory Authority, hereby makes the following Regulations:-

CHAPTER 1 PRELIMINARY

Regulation - 1. Short title, extent and commencement.

(1)     These regulations may be called the Goa Real Estate Regulatory Authority (Recruitment and Conditions of Service of Employees) Regulations, 2024.

(2)     They shall come into force on the date of its notification in the Official Gazette.

(3)     These Regulations shall be applicable to all employees of the Goa Real Estate Regulatory Authority appointed under section 28 of the Real Estate (Regulation and Development) Act, 2016.

Regulation - 2. Definitions.

(a)      "Act" means the Real Estate (Regulation and Development) Act, 2016 as amended from time to time;

(b)      "Appendix" means A to C appendix of these Regulations;

(c)      "Authority" means the Goa Real Estate Regulatory Authority;

(d)      "Chairperson" means the Chairperson of the Authority;

(e)      "Competent Authority" means the Chairperson or such other officer of the Authority designated for the purpose by the Authority, in accordance with these Regulations;

(f)       "Employees" include all persons appointed as officers or staff on deputation, contract, in accordance with these Regulations;

(g)      "Functions" means and includes all works relating to the activities of the Authority;

(h)     "Member" means a Member of the Authority;

(i)       "Officer" means an Employee of the Authority in the category of officer in accordance with these Regulations;

(j)       "Secretary" means the Secretary of the Authority;

(k)      "Service" means the service by officers and staff of the Authority;

(l)       "Staff" means an Employee of the Authority in the category of staff in accordance with these Regulations;

(m)    "Year" means Calendar year;

(n)     "Government" or "State Government" means the Government of Goa;

(o)      Words or expressions occurring in these Regulations and not defined herein but defined in the Act shall have the meanings assigned in the Act and/or the rules and regulations made thereunder.

 

1.        Secretary.- Recruitment to the post of Secretary shall be:-

(i)       By deputation of a person from Government of Goa equivalent to the post of Joint Secretary to the Government of Goa, failing which appointment on contract from retired employees of Government of Goa/ Autonomous Bodies in the same rank.

(ii)      Duties: Overall Supervision of Technical, Judicial and Administrative matters of the Authority. Responsible for smooth functioning of the Authority.

2.        Technical Officer-Executive Engineer.-

Recruitment to the post of Technical Officer shall be:

(i)       By appointment on deputation of Executive Engineer from Public Works Department under Government of Goa, failing which, appointment on contract from retired employees of Government of Goa/ /Autonomous Bodies in the same rank.

(ii)      Duties: Scrutiny of all cases of Registration of Real Estate Projects, agents, complaints handling, monitoring progress of projects, preparation of reports, judicial matters.

 

3.        Accounts Officer.- Recruitment to the post of Accounts Officer shall be:

(i)       By appointment on deputation from Directorate of Accounts, Government of Goa, failing which appointment on contract from retired employees from Directorate of Accounts, Government of Goa and Autonomous Bodies.

(ii)      Duties: Control, supervision, monitoring of accounts, budget, audit.

4.        Legal Assistant.- Recruitment to the post of Legal Assistant, shall be:

(i)       By appointment on contract from retired employees of Government of Goa who possesses Degree in Law and have experience in legal matters or appointment on contract from Goa Human Resource Development Corporation.

(ii)      Duties: To handle court cases at Appellate Tribunal and other courts, legal advice.

5.        Planning Assistant.- Recruitment to the post of Planning Assistant, shall be:

(i)       By appointment on deputation from Town and Country Planning Department of Government of Goa, failing which, by appointment on contract from retired employees of Government of Goa including Autonomous Bodies.

(ii)      Duties: To scrutinize all documents pertaining to registration of real estate projects, agents, and to assist Technical Officer.

6.        Head Clerk (H.C.).- Recruitment to the post of H.C. shall be:

(i)       By appointment on deputation from Government of Goa, failing which by appointment on contract from retired employees of Government of Goa, Central Government including Autonomous Bodies.

(ii)      Duties: Supervision of works of all LDCs, Stenographers, Drivers, DEOs, and to assist Administrative Officer.

 

7.        Accountant.- Recruitment to the post of Accountant shall be:

(i)       By appointment on deputation from Directorate of Accounts, Government of Goa, failing which by appointment on contract from retired employees of Government of Goa, Central Government including Autonomous Bodies.

(ii)      Duties: Managing accounts and to assist Accounts Officer.

8.        Junior Stenographer.- Recruitment to the post of Stenographer shall be:

(i)       By appointment on contract from retired employees of Government of Goa, Central Government including Autonomous Bodies/ Goa Human Resource Development Corporation.

(ii)      Duties: Personal branch works of Chairperson, Members of the Authority, assisting in fixing hearing matters, typing work of Authority Orders, etc.

9.        Lower Division Clerk (L.D.C).

Recruitment to the post of L.D.C. shall be:

(i)       By appointment on contract from retired employees of Government of Goa, Central Government including Autonomous Bodies.

(ii)      Duties: Office work, typing, etc.

10.     Multi-Tasking Staff.- Recruitment to the post of Multi-Tasking shall be:

(i)       By appointment on contract from Goa Human Resource Development Corporation or Goa Recruitment and Employment Society failing which retired staff on contract.

(ii)      Duties: Opening and closing of office, physical maintenance of records, photocopying, carrying of files, delivering of dak, etc.

APPENDIX C

 

CHAPTER I

 

Procedure for Recruitment and Appointment

 

1.        Appointing Authority.- All appointments of Officers and Staff shall be made by the Authority.

2.        Announcement of vacancies.- Except as provided in these Regulations, the vacancies to be filled in by deputation referred to the Personnel Department of Government of Goa, failing which, the vacancies will be filled from the category of persons retired on superannuation from the Government of Goa, Central Government for appointment in the service of the authority on contract basis.

3.        Eligibility.- The educational qualification for the posts shall be as stipulated in Appendix B.

4.        Age limit.- (1) The age limit for appointments to the posts on deputation shall not be applicable. The maximum age limit for persons retired on superannuation from the Government is upto 65 years. Persons retired on superannuation shall be eligible for appointment in the service of the Authority on a contract basis only.

5.        Appointment on deputation.- (i) The vacancies of Officers and Staff shall be filled in by deputation of employees from a Government Department. The Authority shall refers to the Personnel Department of Government of Goa, Town and Country Planning, Public Works Department, Accounts Department for vacancies to be filled up by transfer on deputation.

(ii) The period of deputation is as per Government norms:

Provided that the period of deputation may be extended by mutual consent between the Authority, the individual concerned and the concerned Government department/ /Authority.

(iii) If the Authority decides that the services of the person on deputation are no longer required, the incumbent shall be repatriated to his parent organization even before the completion of the normal period of his deputation.

(iv) The pay, allowances and other benefits and conditions of service of a person on deputation from a Government department shall be governed by the relevant provisions of or such other rules or regulations governing the same as may be in force from time to time.

 

APPENDIX C

 

CHAPTER II

OFFICERS AND STAFF OF THE AUTHORITY

 

6.        Categorization of Posts.- (i) The categories of employees of the Authority, their pay-scales, sanctioned strength has approved by the State Government shall be as shown in the Appendix-A;

(ii) The posts shown at serial numbers 01 to 03 in the Appendix A shall be in the category of officers, and the remaining posts shall be in the category of staff.

(iii) The Authority shall have the power to amend the categories of posts from time to time.

7.        Qualification, experience and mode of recruitment and duties.

(i)       The educational qualifications, experience, other conditions and mode of appointment to the posts on the establishment of the Authority shall be as prescribed as in Appendix-B.

(ii)      The employees shall be appointed by the Authority either:

(a)      on deputation; or

(b)      on contract basis.

8.        Re-designation of posts.-

 

(i)       Without changing the pay-scale of a post, the Authority may, at its discretion, re-designate that post to indicate its functional requirements;

(ii)      The Authority may alter, amend or revise the number, categories, pay-scale, qualifications or other provisions contained in Appendix A, Appendix B and Appendix C considering its functional requirements with the prior approval of the State Government:

 

Provided that the Authority shall notify such re-designation of posts or modification to Appendix A, Appendix B and Appendix C:

 

Provided further that, the authority may at its discretion relax the qualifications given in Appendix B for such officers/staff who have retired from Government department, and having higher relevant experience for the concerned post.

 

9.        Appointment on contract.-

 

(i)       The vacancies of Officers and Staff shall be filled in the event of deputation is not materialized on contract basis, so as to obtain experienced and/or qualified or otherwise suitable candidates.

(ii)      The maximum duration of appointment on contract basis shall be five years:

Provided that, the duration of the contract may be initially for 02 years and further renewed by the Authority for a period not exceeding two years at a time, and one more year thereafter.

(iii)     Persons appointed on contract shall be entitled to a consolidated remuneration, which would remain fixed during the contract period:

 

Provided that, where the period of such contract exceeds one year, the Authority may consider increasing such remuneration, but not more often than once a year:

 

Provided further that, while determining such remuneration, the pay and other monetary benefits and allowances available to a regular employee in that category or post shall be taken into consideration:

 

(iv)    The remuneration may be revised at the discretion of the Authority when it decides to extend or renew the contract of an employee who was initially appointed on contract:

 

Provided that, the increase in remuneration at the time of every renewal shall be limited to a maximum of 25% of the original amount.

 

(v)      An employee appointed on a contract basis shall be eligible for earned leave on average pay for thirty days, and casual leave for eight days during a calendar year or part thereof.

(vi)    Where an employee has been appointed on a contract basis, then such employee or the Authority shall be entitled to terminate the contract and discontinue the employment by giving thirty days clear notice in writing to the other party or by depositing one months pay in lieu of such notice.

 

APPENDIX C

 

CHAPTER III

 

Pay and Allowances

 

10.     Pay scale.- The scales of pay of the employees shall be such as prescribed in Appendix A or as may be revised by the Authority from time to time to be at par with employees of corresponding grade/pay-scale of the State Government.

 

11.     Increment.- The employees on deputation shall be eligible to draw annual increments as a matter of course unless it is withheld under the orders of the competent authority.

12.     Pay Fixation.- (1) The pay of an employee on his first appointment on a regular basis shall be fixed at the minimum stage of pay-scale of the respective cadre.

13.     Allowances.-

 

(i)       The employees on deputation to the Authority shall be entitled to draw Dearness Allowance, City Compensatory Allowance, Conveyance Allowance and House Rent Allowance on such scales and subject to such conditions as may be made applicable to Government employees by the State Government from time to time.

(ii)      Where any Staff undertakes any special functions, having regard to the multifunctional requirements of the Authority, or any additional functions pertaining to another post, owing either to a vacancy in such other post or to special circumstances resulting in an increase in workload of such other post, then such employee may be granted a special allowance for the additional functions so undertaken:

 

Provided that, such special allowance shall be paid on a monthly basis on the recommendation of the Secretary and with the prior approval of the Authority:

 

Provided further that, the amount of such special allowance shall be as determined by the Authority and shall in no event exceed the 25% of basic salary applicable to such other post, payable for such period for which such additional functions were undertaken.

 

14.     Overtime allowance.-

 

(i)       The employees of the Authority shall be entitled to draw overtime allowance on such terms and conditions as may be made applicable to the corresponding grade of the employees of the State Government, from time to time.

(ii)      The employees of the Authority shall be entitled to such other allowances as may be made applicable to its employees by the State Government from time to time.

 

15.     Other.-

 

(i)       In respect of all matters relating to pay and allowances not specifically covered under these Regulations, the relevant provisions shall be applicable to the employees of the Authority;

(ii)      The above provisions shall not apply to employees appointed on contract basis.

APPENDIX C

 

CHAPTER IV

 

Other Conditions of Service

 

16.     Working hours.- The Authority shall follow the office timings as notified from time to time by the State Government for its office, in Panaji, Goa unless otherwise decided by the Authority.

17.     Holidays.- The employees of the Authority shall be entitled to such public holidays as may be declared by the State Government from time to time:

Provided that, the Authority may direct an employee to work on holidays if the exigencies of service so demand.

 

18.     Leave Travel Concession.- The employees on deputation to the Authority shall be eligible for Leave Travel Concession as per prevailing rules of State Government.

19.     Provident Fund.- The provisions of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 and the Employees Provident Fund Scheme, 1952, as may be in force from time to time, shall apply to all employees on deputation to the Authority.

20.     Leave.- The employees on deputation to the Authority shall be governed by the provisions of Goa Civil Services (Leave) Rules, 1981 and any other applicable laws, rules and regulations of the State Government in the matter of admissibility and regulation of leave.

21.     Conduct and discipline.-

 

(i)       The provisions of the Goa Civil Services (Conduct) Rules, 1979 and the Goa Civil Services (Discipline and Appeal) Rules, 1979, as amended from time to time and any other applicable laws, rules and regulations, as applicable to employees of the State Government, shall apply to the employees on deputation to the Authority.

(ii)      The appointing authority, disciplinary authority, appellate authority and reviewing authority in respect of the officers and staff of the Authority shall be as specified in Appendix-D.

 

22.     Travelling allowance and daily allowance.- The employees on deputation to the Authority shall be governed by the rules applicable to the State Government employees for the purposes of traveling allowance and daily allowance:

 

Provided that, the daily allowance on tour will be either at the rate prescribed in TA rules or on the basis of actuals, within the limits decided by the Authority, in the event of Government accommodation not being available. The reimbursement of actual expenses shall be subject to production of supporting vouchers.

 

APPENDIX C

 

CHAPTER V

 

Miscellaneous

 

23.     Record of service.- A record of service of all employees shall be maintained as per the format followed for State Government employees.

24.     Performance appraisal.- The performance of the regular employees shall be assessed and reviewed annually in the manner and in the form adopted by the State Government.

25.     Residential telephone, cell phone and internet facility.- Eligibility and reimbursement for residential telephone, cell phone and internet facility to officers and staff shall be as per prevailing norms of the State Government.

26.     Training.- The employees may have to undergo such training as may be decided by the Authority.

27.     Authority for service matter.- In respect of any service matter not specifically mentioned in these Regulations, the relevant provisions or other dispensation of the State Government in this behalf shall be applicable to the employees of the Authority.

28.     Saving of inherent power of the Authority.- Nothing in these Regulations shall bar the Authority from adopting a procedure which is at variance with any of the provisions of these Regulations. If the Authority, in view of the special circumstances of the matter or class of matters and for reasons to be recorded in writing, deems it necessary or expedient to depart from the procedure prescribed in the Regulations.

29.     Power to remove difficulties.- If any difficulty arises in giving effect to any of the provisions of these Regulations the Authority may, by general or special order, do anything not being inconsistent with the provisions of the Act which appears to it to be necessary or expedient for the purpose of removing the difficulties.