Team Herald
PANJIM: The new Governor of Goa, Bhagat Singh Koshyari has given his assent to the Goa (Regulation of House Building Advance) Ordinance, 2020 (Ordinance No. 10 of 2020) which has been promulgated by the Governor of Goa on September 12, 2020.
The notification issued by the Governor also says the decision or the ordinance cannot be challenged in any Court of Law.
“An Ordinance to regulate House Building Advance and to cancel/abolish existing House Building Advance Scheme and for matters connected and incidental thereto. Whereas, the Legislative Assembly of the State of Goa is not in session and the Governor of Goa is satisfied that circumstances exist which render it necessary for him to take immediate action,” the notification says.
Effect of the Abolition: The notification says that notwithstanding anything contained in any judgment, decree or order of any court, tribunal or other authority, or any law, rule, regulation, byelaw, scheme, document, contract or instrument to the contrary, every beneficiary shall be charged interest at the prevailing bank rate on and from the appointed date and the Government shall not be liable to pay any amount whatsoever on such House Building Advance.
The employee will be at liberty to shift/transfer his loan account from the Bank of India to any other bank/financial institution of his/her choice within a period of one year from the date of coming into force of this Ordinance, it says.
Further, it says the Deed of Mortgage or any other charge or surety created or executed in favour of the Government by the beneficiary shall stand transferred in favour of the bank/ financial institution with effect from the appointed date.
The monthly installments payable by the beneficiary to Bank of India shall continue to be deducted at source from the
salary of the beneficiary by the sanctioning authority/Drawing and Disbursing Officer and paid to Bank of India.
“All Applications pending consideration under the House Building Advance Scheme shall stand rejected with effect from the appointed date,” it says.
Protection of action taken pursuant to circular: The Circular bearing No. 7/26/2020- -Fin(DMU)/1158, dated 3rd June, 2020 issued by the Finance Department, Government of Goa, shall have effect from the appointed date and all action taken pursuant to the said circular shall be deemed to be valid and proper.
Bar on institution of legal proceedings: No suit, prosecution or other legal proceedings shall be maintained against the Government or any of its Officers or persons duly appointed or authorised by it in respect of any action or any order or direction issued or taken or purported to be issued or taken under the provisions of this Ordinance including on the directions/executive Instructions issued under the Circular bearing No. 7/26/2020-Fin(DMU)/ 1158 dated 3rd June, 2020.
