| [Goa Act No. 11 of 1988] | [21st May, 1988] |
An Act further to amend the Goa, Daman and Din Buildings (Lease, Rent and Eviction) Control Act, 1968 (Act No. 2 of 1969).
Be it enacted by [he Legislative Assembly of Goa in the thirty ninth year of the Republic of India as follows:-
| [Goa Act No. 20 of 1988] | [19th September, 1988] |
An Act to amend the Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968.
Be it enacted by the Legislative Assembly of Goa in [he Thirty-ninth Year of the Republic of India as follows:-
1. Short title and commencement.- (1) This Act may be called the Goa Buildings (Lease, Rent and Eviction) Control (Amendment) Act, 1988.
(2) It shall come into force allonce.
2. Amendment of Section 23.- In sub-section (I) of sub-section 23 of the Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968 (Act No. 2 of 1969) (hereinafter called the ‘Principal Act’) after the first proviso the following proviso shall be inserted namely:-
"Provided further that in case of gift from parents the above period of five years shall be reduced to two years".
3. Insertion of Schedule.- After section 59 or the principal Act, the following Schedule shall be inserted, namely:-
"SCHEDULE
Form of summons in a case where recovery of possession of building is prayed for under sub-section (3A) of section 23A.
(Name, description and place of residence of the tenant).
Whereas Shri … has filed an application (A copy of which is annexed) for your eviction from … (here insert the particulars of the building) under sub-section (3A) of the Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968.
Now, therefore you are here by summoned to appear before the Controller within fifteen days of the service thereof and 10 obtain the have of the Controller 10 contest the application for eviction under sub-section (3A) of the said Act, in default whereof, the applicant will be entitled at any time after the expiry of the said period of fifteen days to obtain an order for your eviction from the said residential building.
Leave to appear and contest the application may be obtained on an application to the Controller supported by an affidavit as is referred to in clause (f) of sub-section (3A) of section 23A of the said Act.
Given under my hand and seal this … day of … 19 …
CONTROLLER".
1. Short title, extent and commencement.- (1) This Act may be called the Goa Buildings (Lease, Rent and Eviction) Control (Amendment) Act, 1988.
(2) It extends to the whole of the State of Goa.
(3) It shall come into force on such date as the Government may, by notification in the Official Gazette, appoint.
2. Amendment of section 23A.- In section 23 A of the Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968 (Act 2 of 1969) (hereinafter referred to as the "principal Act")-
(i) in sub-section (3), after clause (b), the following clauses shall be inserted, namely:-
"(c) The provisions of this sub-section shall be applicable to all applications including those pending proceedings before any Controller/Tribunal/Court and all such proceedings shall be disposed of in accordance with the provisions of this section.
(d) During the pendency of proceedings for recovery of possession under this sub-section, the tenant shall continue the regular payment of rent due to the landlord or deposit such amount with the Controller/Tribunal/Court for payment to the landlord;
Provided that nothing in this sub-section shall be so construed as conferring a right on any person to recover possession of more than one residential building inclusive of any part or parts thereof if it is let out in part or parts;
Published in Official Gazette, Series I, No. 27 dated 6-10-1988. The Act came into force on 15-11-1988 Notification No. 10/W86-RD dated 9-11-188.
Provided Further that the Controller may give the tenant a reasonable period for putting the landlord or as the case may be, his widow in possession of the residential building and may extend such time so as not to exceed six months in the aggregate.".
(ii) Insertion of new sub-section (3A).- After sub-section (3), the following sub-section shall be inserted, namely:-
"(3A)(a) Every application under sub-section (3) shall be dealt with in accordance with the procedure specified in this sub-section.
(b) After an application under sub-section (3) is received, the Controller shall issue summons for service on the tenant in the form specified in the Schedule.
(c) The summons issued under sub-clause (b) shall be served on the tenant as far as may be, in accordance with the provisions of Order V of the First Schedule to the Code of Civil Procedure, 1908 (Central Act 5 of 1908). The Controller shall in addition direct that a copy of the summons be also simultaneously sent by registered post acknowledgement due addressed to the tenant or his agent empowered to accept the service at the place where the tenant or his agent actually and voluntarily resides or carries on business or personally works for gain and that another copy of the summons be affixed at some conspicuous part of the building in respect whereof the application under sub-section (3) has been made.
(d) When an acknowledgment purporting to be signed by the tenant or his agent is received by the Controller or the registered article containing the summons is received back with an endorsement purporting to have been made by a postal employee to the effect that the tenant or his agent has refused to take delivery of the registered article and an endorsement is made by a process server to the effect that a copy of the summons has been affixed as directed by the Controller on a conspicuous part of the building and the Controller after such enquiry as he deems Hi, is satisfied about the correctness of the endorsement, he may declare that there has been a valid service of the summons on the tenant.
(c) The tenant on whom the service of summons has been declared to have been validly made under clauses (c) or (d) of sub-section (3A), shall have noright to contest the prayer for eviction from the residential building unless he files an affidavit within 15 days from the date staling the grounds of service on which he seeks to contest the application for eviction and obtains leave from the Controller as hereinafter provided and in default of his appearance in pursuance of the summons or his obtaining such leave, the statement made by the landlord or, as the case may be the widow, of such landlord in the application for eviction shall be deemed to be admitted by the tenant and the applicant shall be entitled to an order for eviction of the tenant.
(f) The Controller may give to the tenant leave to contest the application if the affidavit filed by the tenant discloses such facts as would disentitle the landlord, or, as the case may be, the widow of such landlord from obtaining an order for the recovery of possession of the residential building under sub-section (3).
(g) Where leave is granted to the tenant to contest the application, the Controller shall commence the hearing on a date not later than one month from the date on which the leave is granted to the tenant to contest and shall hear the application from day to day till the hearing is concluded and application decided.
(h) No appeal or second appeal shall lie against an order for the recovery of possession of any residential building made by the Controller in accordance with the procedure specified in this sub-section:
Provided that the High Court may, for the purpose of satisfying itself that an order made by the Controller under this sub-section is according to law, call for the records of the case and pass such order in respect thereto as it thinks fit.";
(iii) In sub-section (4), for the words "Any landlord", the words "Save as provided in sub-sections (3) and (3A) any landlord" shall be substituted.