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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

OFFICIAL GAZETTE — GOVT. OF GOA

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4TH MARCH, 2024

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;

OFFICIAL GAZETTE — GOVT. OF GOA

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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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4TH MARCH, 2024

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.

OFFICIAL GAZETTE — GOVT. OF GOA

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2887

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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