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SERIES I No. 48
Reg. No. RNP/GOA/32/2024-2026
RNI No. GOAENG/2002/6410
PUBLISHED BY AUTHORITY
Suggestions are welcomed on e-mail: dir–[email protected]
EXTRAORDINARY
No. 3
Panaji, 4th March, 2024 (Phalguna 14, 1945)
GOVERNMENT OF GOA
Department of Law & Judiciary
Law (Establishment) Division
–––
Notification
1-53-82/LD(Estt.)/Part/442
In exercise of the powers conferred by
Articles 233 and 234 of the Constitution of
India read with section 20 of the Goa, Daman
and Diu Reorganization Act, 1987 (Central
Act 18 of 1987) and after consultation with
the Goa Public Service Commission and the
High Court of Bombay, as required by the
said articles 233 and 234 of the Constitution
of India, the Governor of Goa hereby makes
the following rules, so as to further amend
the Goa Judicial Service Rules, 2013,
namely:—
1. Short title and commencement.— (1)
These rules may be called the Goa Judicial
Service (Second Amendment) Rules, 2024.
(2) Save as otherwise provided herein,
these rules shall come into force from the
date of its publication in the Official Gazette.
2. Amendment of rule 3.— In rule 3 of the
Goa Judicial Service Rules, 2013 (hereinafter
referred to as the principal Rules”),
(i) with effect from 1st day of January,
2020, in sub-rule (4), in the table, in column
No. (3),—
(a) for the figures “25%”, the figures
“35%’’ shall be substituted;
(b) for the figures “10%”, the figures
“15%’’ shall be substituted;
(ii) after sub-rule 5, the following
sub-rule shall be inserted, namely:—
“(5A). If the Annual Confidential
Report of a Civil Judge, Junior Division
or a Senior Civil Judge, as the case may
be, for the last year of the consideration
period of conferment of ACP-I or ACP-II
has not been finalized on or before 31st
December of that year, the same will be
considered as ‘Unavailable’ for the
purpose of conferment of Assured Career
Progression Scales. The case of such
Judicial Officer be considered for
conferment of ACP-I or ACP-II, as the
case may be, by drawing average/mean
of ACRs of available nearest preceding
4 years, for the period of said unavailable
ACR.
(5B). If for any reason, delay in grant
of benefit of ACP-I or ACP-II to a Civil
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2884
Judge, Junior Division or a Senior Civil
Judge, as the case may be, goes beyond
one year of entitlement, then unless
otherwise directed by the Competent
Authority, one additional increment for
every year delay shall be granted subject
to adjustment while drawing the arrears
on grant of ACP or while recovering the
excess amount on rejection of ACP, as
the case may be.”.
3. Substitution of rule 17.— For rule 17 of
the principal Rules, the following rule shall
be substituted, namely:—
“17. Addition of certain service for purpose
of pension.— An advocate appointed as a
Civil Judge, Junior Division or a District Judge
shall be entitled to reckon as service
qualifying for Superannuation Pension, the
actual period of practice put in by him at the
Bar not exceeding three years or ten years
respectively.
Explanation: This rule shall also apply to a
District Judge appointed by nomination and
who has superannuated prior to 01-01-2016.”.
By order and in the name of the
Governor of Goa.
Amir Y. Parab, Under Secretary (Law-Estt.).
Porvorim, 4th March, 2024.
———t———
Legal Affairs Division
–––
Notification
7/9/2024-LA-57
The Goa Buildings (Lease, Rent and
Eviction) Control (Amendment) Act, 2024
(Goa Act 8 of 2024), which has been passed
by the Legislative Assembly of Goa on
07-02-2024 and assented to by the Governor
of Goa on 29-02-2024, is hereby published for
the general information of the public.
Dnyaneshwar Raut Dessai, Joint Secretary
(Law).
Porvorim, 4th March, 2024.
The Goa Buildings (Lease, Rent and
Eviction) Control (Amendment)
Act, 2024
(Goa Act No. 8 of 2024) [29-02-2024]
AN
ACT
further to amend the Goa Buildings (Lease,
Rent and Eviction) Control Act, 1968 (Act
No. 2 of 1969).
BE it enacted by the Legislative Assembly
of Goa in the Seventy-fifth 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,
2024.
(2) It shall come into force at once.
2. Amendment of section 2.— In section 2
of the Goa Buildings (Lease, Rent and
Eviction) Control Act, 1968 (Act No. 2 of 1969)
(hereinafter referred to as the “principal
Act”),—
(i) clause (a) shall be re-numbered as
clause (aa) and before clause (aa) so
re-numbered, the following clause shall be
inserted, namely:—
(a) “Agreement of leave and licence”
means an agreement entered into by the
landlord and the licensee containing the
terms and conditions for using the building
on leave and license;”;
(ii) after clause (d), the following clause
shall be inserted, namely:—
“(da) “Deputy Collector” means the
Deputy Collector having jurisdiction over
the area where the building is situated;”;
(iii) after clause (i), the following clauses
shall be inserted, namely:—
“(ia) “leave and license” means a
permission granted by the landlord to the
licensee for use of landlord’s building by
the licensee for a specific period and
purpose without transfer of landlord’s
interest in the building;
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(ib) “licensee” means a person who is
permitted by the landlord to use his
building on leave and license;”.
3. Substitution of section 23.— For section
23 of the principal Act, the following section
shall be substituted, namely:—
“23. Landlord’s right to obtain posses-
-sion.— (1) A landlord may, subject to the
provisions of section 24, apply to the Controller
for an order directing the tenant to put him
in possession of the building,—
(a) if the landlord is not occupying a
building of his own in the city, town or
village concerned and requires it for his
own occupation or for the occupation of
any member of his family; or
(b) if the landlord who has more
buildings than one in the city, town or
village concerned, is in occupation of one
such building and he bonafidely requires
another building instead, for his own
occupation:
Provided that a person who becomes a
landlord after the commencement of the
tenancy by an instrument ‘inter vivos’ shall
not be entitled to apply under this sub-
section before the expiry of five years from
the date on which the instrument was
registered:
Provided further that in case of gift from
parents the above period of five years shall
be reduced to two years:
Provided further that where a landlord
has obtained possession of a building under
this sub-section, he shall not be entitled to
apply again under this section,—
(i) in case he has obtained possession
of a residential building, for possession
of another residential building of his own;
(ii) in case he has obtained possession
of a non-residential building, for
possession of another non-residential
building of his own.
(2) Where the landlord of a building is a
religious, charitable, educational or other
public institution, it may, if the building is
required for the purposes of the institution,
apply to the Controller, subject to the
provisions of section 24, for an order directing
the tenant to put the institution in possession
of the building.
(3) A landlord who is occupying only a part
of a building, may notwithstanding anything
in sub-section (1), apply to the Controller for
an order directing any tenant occupying the
whole or any portion of the remaining part of
the building to put the landlord in possession
thereof, if he requires additional part of the
building for his own occupation or for the
occupation of any member of his family.
Explanation:— For the purpose of this
section, a landlord means a person, on
account of or for the benefit of whom the
rent of a building is received but does not
include an agent, trustee, guardian or
receiver.”.
4. Insertion of new section 40A.— After
section 40 of the principal Act, the following
section shall be inserted, namely:—
“40A. Resumption of occupation of the
building given on leave and license
basis.— (1) Notwithstanding anything
contained in this Act, a licensee in
occupation of any building given to him by
a landlord on a leave and license basis,
shall vacate such building and allow the
landlord to resume his occupation
immediately on expiry of the period of leave
and license; and in case of failure of the
licensee to so vacate the building, the
landlord may apply to the Deputy Collector
for an order of eviction of the licensee.
(2) On receipt of the application under
sub-section (1), the Deputy Collector shall
issue a notice to the licensee to show cause
why an order of eviction shall not be
passed against him.
(3) On receipt of the notice issued under
sub-section (2), the licensee shall, in case
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2886
he desires to contest such application, file
his reply showing the cause within a period
of twenty days from the date of receipt of
such notice.
(4) The period of twenty days to file the
reply as specified in sub-section (3) may
be extended by the Deputy Collector in
exceptional cases, on sufficient cause being
shown, by a period not more than sixty
days from the date of receipt of the notice
under sub-section (2).
(5) The Deputy Collector shall conduct
an inquiry based solely on the documents
and material produced before him. He shall
consider the reply, if any, filed by the
licensee and give the licensee an
opportunity of being heard in the matter.
Explanation:— For the purpose of this
section, the inquiry contemplated shall be
a summary inquiry for the limited purpose
of ascertaining that the building was
subject matter of an agreement of leave
and licence and that the period of such
leave and license has expired.
(6) The Deputy Collector, on being
satisfied that the period of the leave and
licence has expired and the licensee has
not vacated the building, shall pass an
order of eviction of the licensee and also
direct the licensee to pay to the landlord
the damages at double the rate of the
licence fee and other charges, if any, in
respect of such building as fixed under the
agreement of leave and licence, till the date
he vacates such building.
(7) The Deputy Collector shall not
entertain any claim of whatsoever nature
from any other person who is not a licensee.
(8) The Deputy Collector shall decide the
application under sub-section (1) within a
period of six months from the date of its
filing.
(9) Any licensee who fails to vacate the
building given to him by the landlord on
leave and licence basis after expiry of the
leave and licence period, shall, on
conviction, be punished with imprisonment
which may extend to three months or with
fine not exceeding rupees one lakh or with
both”.
5. Amendment of section 46.— In section
46 of the principal Act, in sub-section (1), for
the words “or the Rent Tribunal”, the words
“the Rent Tribunal or the Deputy Collector”
shall be substituted.
6. Amendment of section 47.— In section
47 of the principal Act, in second proviso, for
the words “or the Rent Tribunal”, the words
“the Rent Tribunal or the Deputy Collector”
shall be substituted.
7. Amendment of section 54.— In section
54 of the principal Act, in sub-section (1),—
(i) the words “a simple imprisonment for a
term which may extend to two years and”
shall be omitted;
(ii) for the word “double”, the words “five
times” shall be substituted.
8. Amendment of section 56.— In section
56 of the principal Act, for the expression
“the controller,”, the expression “the
controller, or the “Deputy Collector,” shall be
substituted.
SANDIP JACQUES
Secretariat
Secretary to the Government
Porvorim, Goa.
of Goa, Law Department
4th March, 2024.
(Legal Affairs).
–––––––
7/10/2024-LA-58
The Goa Staff Selection Commission
(Amendment) Act, 2024 (Goa Act 9 of 2024),
which has been passed by the Legislative
Assembly of Goa on 09-02-2024 and assented
to by the Governor of Goa on 29-02-2024, is
hereby published for the general information
of the public.
D. S. Raut Dessai, Joint Secretary (Law).
Porvorim, 4th March, 2024.
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The Goa Staff Selection Commission
(Amendment) Act, 2024
(Goa Act 9 of 2024) [29-02-2024]
AN
ACT
further to amend the Goa Staff Selection
Commission Act, 2019 (Goa Act 11 of 2019).
BE it enacted by the Legislative Assembly
of Goa in the Seventy-fifth Year of the
Republic of India as follows:—
1. Short title and commencement.— (1) This
Act may be called the Goa Staff Selection
Commission (Amendment) Act, 2024.
(2) It shall be deemed to have come into
force on the 31st day of October, 2023.
2. Amendment of section 7.— In section 7
of the Goa Staff Selection Commission Act,
2019 (Goa Act 11 of 2019), in sub-section (8),
for the existing proviso, the following shall
be substituted, namely:—
“Provided that where advertisements for
filling up of the sub-ordinate services/posts
were issued prior to the 8th day of January,
2022, the concerned Department may
conduct examination and complete the
selection process of such sub-ordinate
services/posts not later than 30th day of
July, 2024.”.
3. Repeal and savings.— (1) The Goa Staff
Selection Commission (Second Amendment)
Ordinance, 2023 (Ordinance No. 4 of 2023) is
hereby repealed.
(2) Notwithstanding such repeal, anything
done or any action taken under the Goa Staff
Selection Commission Act, 2019 (Goa Act 11
of 2019) as amended by the said Ordinance,
shall be deemed to have been done or taken
under the said Act, as amended by this Act.
SANDIP JACQUES
Secretariat
Secretary to the Government
Porvorim, Goa.
of Goa, Law Department
4th March, 2024.
(Legal Affairs).
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