* Cabinet goes against Finance dept objections and decides to give Govt fees at licence fee of ₹ 200 p.m for good condition schools and ₹ 50 p.m for schools in dilapidated conditions
SURAJ NANDREKAR/ Goemakrponn
PANAJI: In a major decision the State government on Wednesday decided to hand over old government schools to non-profit institutions and social organization on lease for 30 years.
However, what is important to note that the schools will be provided at a licence fee of just Rs 200/- per months. Shocking isn’t it?
The scheme is to provide unused Schools land and Buildings to the Non Profit Institutions and social organizations.
However, the government had decided to handover the school buildings to private institutions at throw away prices.
Moreover, the Finance department had refusd to give concurrence to the scheme as the lease rates of Rs 200 was below par and asked the department to take decision with Cabinet Approval.
The Background…
Department of Education had a scheme to provide its land and unused buildings to the registered cultural, educational, social, sports, professional Institutions since 2013-2018.
The earlier scheme was framed as many Government Primary Schools were being closed due to declining or no enrollment. However, these closed school buildings were being repaired regularly to prevent further deterioration, as some of them were being occasionally used, e.g. for election related works.
After handing over of the premises, the responsibility to maintain and incur the expenditure towards creation of additional infrastructure lies with such Institutions instead of the Government.
In year 2020, at the instructions of the C.M., Directorate of Education had framed a new scheme to provide unused Govt. buildings and surrounding land to registered Educational Institutions and Self Help Groups and sent it for vetting of the Law Department and Finance Department.
Present Proposal
The Directorate of Education has many school premises that are lying unused, and are in ruinous condition. In order to make the optimal use of such assets, other Government departments and other non-profit making registered institutions should be able to take over these premises for their better use.
Therefore, this proposal seeks to frame a new scheme to provide for utilization of the unused school buildings and surrounding land by the Institutions and social organizations engaged in Sports and Cultural and other community related activities. The responsibility for the timely maintenance shall be of such institutions.
The Objective..
a. To provide for better use of the unused school premises.
b. To provide infrastructural support to the registered non profit educational institutions for running the institution.
c. Provision of friendly and conducive space for conducting social, educational, economical and cultural activities.
d. To alleviate the problem of accommodation and associated problems faced by registered educational institutions.
INTER DEPARTMENTAL CONSULTATION..
The proposed scheme was sent to the Law Department and Finance Department. The Law Department has advised to allot the land and building on leave and license basis and not on lease basis. Finance department advised that rent towards allotment of land and building shall be assessed by the PWD. The draft scheme was amended to incorporate the suggestions of the Law and Finance Department.
Later, the Minister suggested some changes and the revised draft was again sent to FD for vetting. However, the Finance Department has returned the file with remarks that the matter may be processed at departmental level with the approval of Council of Ministers..
The Finance department had said that as per the scheme, the allottee is responsible for timely maintenance of the premises. However, Rule 310 of the GFR, 2017, provides for transfer of the land and building belonging the Government only at the market value, even if the transfer s to a public sector undertaking.
To assess the market value, the Rule provides for assessment by the CPWD. Hence, the rule needs to be relaxed to an extent, to implement the proposed scheme as the rent will be less as compared to the market rate.
The Summary of the scheme…
The scheme provides for allotment of the vacant schools’ land and/or buildings belonging to the Department of Education, on leave and license basis to eligible non profit institutions for a term of upto 30 years, that can be further extendable at the discretion of the Government.
The allotment on leave and license basis will be done as per the recommendation of the committee and with the approval of the Government on a case to case basis.
c. The institutions, after allotment, shall be responsible for incurring any expenditure towards the maintenance, creation of any additional infrastructure, or payment of all the fees and taxes.
d. The grantee institution shall also be responsible to apply for the plans/estimates/permissions, to the appropriate authorities, as required for any development, in the name of the Directorate of Education, with the prior approval of the Director of Education.
e. The Government may allot the land and buildings on the recommendation of High Powered Committee constitutes of the following persons:
Education Minister – Chairman
Secretary (Finance) -Member Secretary (Education) – Member
Secretary (Revenue) – Member Director (Education) – Member Secretary
f. The license fee towards use of the good condition buildings will be Rs. 200/-p.m. and Rs.50/- p.m for the buildings in dilapidated condition. g. In cases of e(i) and e(ii) above, the allottee will be required to pay in advance the license fee of 05 years. In case of e(lii), the allottee will be required to pay in advance the total license fee amount of 30 years.
h. Government reserves the right to increase the license fee at regular intervals, if deemed fit. The notice of such increase will be given to the allottee and allottee will have to pay such increased license fee or vacate the premises.
i. In the event the grantee institution is asked to vacate and handover the premises to the Government, the grantee institution shall not claim any compensation or amount towards renovation or repairs incurred by it
j. In all the circumstances, the Government shall have a preferential right to use the school premises either temporarily or permanently. In either case, the Director of Education will inform the allottee seven days in advance. The period advance notice shall not be applicable in exceptional/emergency cases.
k. The allottee is not allowed to sublet the premises.
l. The allottee shall not put the premises for any other use, without a prior written permission of the Government.
m. The grantee institution shall enter into an agreement with the Director of Education.
n. The Institution will be permitted to vacate the premises/land allotted upon serving months notice to the Director of Education, and after the notice period the premises/land shall be handed back without any encumbrances.
o. Termination Clause: the Government shall be at liberty to terminate the agreement/allotment at any time, if it is found that the institution concerned has violated the terms and conditions of the scheme and has indulged in any unfair and illegal practices.
p. The institution applying for allotment under this scheme, for the purpose for creating infrastructure, shall give proof of it being financially sound to incur cost of the proposed infrastructure and its subsequent maintenance. For this purpose, a certificate from a registered Chartered Accountant indicating availability of funds equal or more than 50% of proposed expenditure, with the institution shall be submitted.
