Panaji, 11th May, 2023 (Vaisakha 21, 1945) SERIES I No. 6 PUBLISHED BY AUTHORITY
EXTRAORDINARY
GOVERNMENT OF GOA
Department of Law
Legal Affairs Division –– Notification
7/17/2023-LA
The Goa Regularisation of Unauthorised Construction (Amendment) Act, 2023 (Goa Act 19 of 2023), which has been passed by the Legislative Assembly of Goa on 31-03-2023 and assented to by the Governor of Goa on 02-05-2023, is hereby published for the general information of the public.
Dnyaneshwar Raut Dessai, Joint Secretary
(Law).
Porvorim, 11th May, 2023.
________
The Goa Regularisation of Unauthorized Construction (Amendment) Act, 2023
(Goa Act 19 of 2023) [02-05-2023]
An
Act
further to amend the Goa Regularisation of Unauthorized Construction Act, 2016 (Goa Act 20 of 2016).
1. Short title and commencement.— (1) This Act may be called the Goa Regularisation of Unauthorized Construction (Amendment) Act, 2023.
(2) It shall be deemed to have come into force on the 6th day of March, 2023, 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:—
"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:—
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 6 (EXTRAORDINARY) 11TH MAY, 2023ownership 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 Statutor y 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 Cour t, Tribunal or any Statutor y Authority but no such injunction or status quo or any prohibitory order is granted against such proper ty/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 Statutor y Authority or any instrument having the force of law, the authorized officer may, enter tain 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, before the 6th day of March, 2023, shall be deemed to have been validly entertained in accordance with the provisions of section 7 of the principal Act as amended by this Act.
5. Repeal and saving.— (1) The Goa Regularisation of Unauthorized Construction (Amendment) Ordinance, 2023 (Ordinance No. 1 of 2023) is here by repealed.
(2) Nothwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said ordinance, shall be deemed to have been done or taken under the principal Act, as amended by this Act.
Secretariat, SANDIP JACQUES Porvorim-Goa. Secretary to the Dated: 11-05-2023 Government of Goa,
Law Department. (Legal Affairs).
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