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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).
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