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Panaji, 8th March, 2023 (Phalguna 17, 1944)

SERIES I No. 48

Reg. No. RNP/GOA/32/2021-2023

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

Suggestions are welcomed on e-mail: dir–[email protected]

GOVERNMENT OF GOA

Department of Law

Legal Affairs Division

——

Notification

8/1/2023-LA

The Goa Regularisation of Unauthorized

Construction (Amendment) Ordinance, 2023

(Ordinance No. 1 of 2023), which has been

promulgated by the Hon’ble Governor of Goa

on 6th March, 2023, is hereby published for

the general information of the public.

Dnyaneshwar Raut Dessai, Joint Secretary

(Law).

Porvorim, 8th March, 2023.

———

The Goa Regularisation of Unauthorized

Construction (Amendment) Ordinance, 2023

(Ordinance No. 1 of 2023)

Promulgated by the Governor of Goa in the

Seventy-fourth Year of the Republic of India.

I, P. S. Sreedharan Pillai, Governor of Goa,

in the Seventy-fourth Year of the Republic of

India, promulgate “The Goa Regularisation

of Unauthorized Construction (Amendment)

Ordinance, 2023 (Ordinance No. _____ of

2023)”.

EXTRAORDINARY

No. 3

An Ordinance further to amend the Goa

Regularisation of Unauthorized Construction

Act, 2016 (Goa Act 20 of 2016).

Whereas, the Legislative Assembly 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.

Now, therefore, in exercise of the powers

conferred by clause (1) of Article 213 of the

Constitution of India, the Governor of Goa is

pleased to promulgate the following

Ordinance, namely:—

1. Short title and commencement.— (1) This

Ordinance

may

be

called

the

Goa

Regularisation of Unauthorized Construction

(Amendment) Ordinance, 2023.

(2) It shall come into force at once except

section 3 which shall be deemed to

have come into force on the 24th day of

June, 2016.

2. Amendment of section 3.— In section 3

of the Goa Regularisation of Unauthorized

Construction Act, 2016 (Goa Act 20 of 2016)

(hereinafter referred to as the “principal

Act”),-

(i) in sub-section (1), before the existing

provisos, the following proviso shall be

inserted, namely:—

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 48

(EXTRAORDINARY No. 3)

8TH MARCH, 2023

1638

“Provided that no such written

consent as referred to in clauses (a) and

(c) is required where the property/land

is

divided/allotted

between

all

co-owners or members of family/families

by an order or decree of the court in

any proceedings or by any registered

Deed or instrument:”;

(ii) for sub-sections (6), (7) and (8), the

following sub-sections shall be substituted,

namely:—

“(6) The authorised officer shall not

entertain an application or proceed with

regularisation process of unauthorized

construction where the title or

ownership of any property/land upon

which unauthorized construction has

been carried out, is subject matter of a

dispute before any Court, Tribunal or

any Statutory Authority and such Court,

Tribunal or Statutory Authority has

passed an injunction or granted status

quo or any prohibitory order against

such property/land or construction.

(7) Where the title or ownership of

any

property/land

upon

which

unauthorized construction has been

carried out, is subject matter of a dispute

before any Court, Tribunal or any

Statutory Authority but no such

injunction or status quo or any

prohibitory order is granted against

such property/land or construction by

such Court, Tribunal or Statutory

Authority and the authorised officer

passes any order of regularization of

unauthorized construction under this

Act, such order shall be subject to the

decision of such Court or Tribunal or

Statutory Authority.

(8) Notwithstanding anything contained

in the relevant Act or in any contract,

judgment, decree or order of any Court

or any Statutory Authority or any

instrument having the force of law, the

authorized officer may, entertain an

application under sub-section (1) and

pass an order of regularisation of

unauthorized construction under this

Act and upon passing of such order of

regularisation of unauthorized construction,

such unauthorized construction shall be

deemed to have been regularised under

the relevant Act.”.

3. Substitution of section 7.— For section

7 of the principal Act, the following section

shall be substituted, namely:—

“7. Appeals.— (1) Any person aggrieved

by an order passed by the authorised

officer may prefer an appeal to the

Government.

(2) Every appeal under this Act shall

be filed within a period of sixty days from

the date of the order of the authorised

officer and the provisions of sections 4,

5, 12 and 14 of the Limitation Act, 1963

(Central Act 36 of 1963), shall apply to

the filing of such appeal”.

4. Validation.— Notwithstanding anything

contained in any judgment, decree or order

of any Court, any appeal entertained by

the Government after expiry of the period

of sixty days by condoning the delay in

filing of such appeal, shall be deemed to

have

been

validly

entertained

in

accordance with the provisions of section

7 of the principal Act as amended by this

Ordinance.

Place: Raj Bhavan,

P. S. Shreedharan Pillai

Dona Paula, Goa.

Governor of Goa.

Date: 6th March, 2023.

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