625

Panaji, 11th May, 2023 (Vaisakha 21, 1945)

SERIES I No. 6

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

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).

Be it enacted by the Legislative Assembly

of Goa in the Seventy-fourth Year of the

Republic of India as follows:—

EXTRAORDINARY

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:—

“(6) The authorised officer shall not

entertain an application or proceed with

regularisation process of unauthorized

construction

where

the

title

or

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 6

(EXTRAORDINARY)

11TH MAY, 2023

626

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, 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).

www.goaprintingpress.gov.in

Printed and Published by the Director, Printing & Stationery,

Government Printing Press,

Mahatma Gandhi Road, Panaji-Goa 403 001.

PRICE – Rs. 2.00

PRINTED AT THE GOVERNMENT PRINTING PRESS, PANAJI-GOA—53/160—05/2023.