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SERIES I No. 24
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
Panaji, 12th September, 2024 (Bhadra 21, 1946)
GOVERNMENT OF GOA
Department of Law
Legal Affairs Division
___
Notification
7/13/2024-LA-157
The Goa Irrigation (Amendment) Act, 2024
(Goa Act 16 of 2024), which has been passed
by the Legislative Assembly of Goa on
31-07-2024 and assented to by the Governor
of Goa on 29-08-2024, is hereby published for
the general information of the public.
D. S. Raut Desai, Joint Secretary (Law).
Porvorim, 4th September, 2024.o
_______
The Goa Irrigation (Amendment)
Act, 2024
(Goa Act 16 of 2024)
[29-08-2024]
AN
ACT
further to amend the Goa Irrigation Act, 1973
(Act No. 18 of 1973).
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 Irrigation
(Amendment) Act, 2024.
(2) It shall come into force at once.
2. Amendment of section 2.— In section 2
of the Goa Irrigation Act, 1973 (Act No. 18 of
1973) (hereinafter referred to as the “principal
Act”), after clause (1), the following clause
shall be inserted, namely:—
“(1A) “Bulk user of water” means any
person including an institution, a company
or an establishment, whether Government
or not, including restaurant, hotel, multi
dwelling unit, water treatment plant,
desalination plant, or any other commercial
or industrial establishment, or an
establishment dealing with activity of
construction, whose consumption of water
exceeds 3000 cubic meters per day;”.
3. Insertion of new section 85A.— After
section 85 of the principal Act, the following
section shall be inserted, namely:—
“85A. Obligation of the Bulk user of
water.— Every Bulk user of water shall treat
sewage, before its release, by adopting the
standards as specified by the Goa State
Pollution Control Board, failing which, he
shall be charged a penalty of Rs. 10/- per
cubic meter of water supplied to him or
part thereof.”.
SANDIP JACQUES,
Secretariat,
Secretary to the Government
Porvorim, Goa.
of Goa, Law Department
4th September, 2024.
(Legal Affairs).
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Notification
7/18/2024-LA-159
The Goa Succession, Special Notaries and
Inventory Proceeding (Amendment) Act,
2024 (Goa Act 19 of 2024), which has been
passed by the Legislative Assembly of Goa
on 31-07-2024 and assented to by the
Governor of Goa on 29-08-2024, is hereby
published for the general information of the
public.
Dnyaneshwar Raut Dessai, Joint Secretary
(Law).
Porvorim, 4th September, 2024.o
_______
The Goa Succession, Special Notaries
and Inventory Proceeding (Amendment)
Act, 2024
(Goa Act 19 of 2024)
[29-08-2024]
AN
ACT
further to amend the Goa Succession, Special
Notaries and Inventory Proceeding Act,
2012 (Goa Act No. 23 of 2016).
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 Succession, Special
Notaries
and
Inventory
Proceeding
(Amendment) Act, 2024.
(2) It shall come into force on such date, as
the Government may, by Notification in the
Official Gazette appoint.
2. Amendment of section 319.— In section
319 of the Goa Succession, Special Notaries
and Inventory Proceeding Act, 2012 (Goa Act
No. 23 of 2016) (hereinafter referred to as the
“principal Act”), after clause (b), the following
clause shall be inserted, namely:—
“(c) if the interested party/declarant does
not comply with the provisions of
sub-sections (2), (4), (6), (7), (9) and (10) of
section 346.”.
3. Substitution of section 346.— For section
346 of the principal Act, the following section
shall be substituted, namely:—
“346. Declaration of heirship.— (1) After
the succession opens and the law does not
require
that
mandatory
inventory
proceedings be instituted to partition the
inheritance, heirship may be proved by a
deed of declaration of heirship drawn by the
Special Notary.
(2) For the purpose of execution of a deed
of declaration of heirship the interested
party shall submit an application in writing
before the Special Notary having jurisdiction
over the place where the succession opens
upon death of the concerned estate leaver/
/deceased person as per section 8, clearly
stating therein the following details,
namely:—
(i) the name/s and permanent
residence of the deceased person/s;
(ii) the place of death of deceased
person/s;
(iii) residence of the deceased person/s
at the time of death;
(iv) the time of death of the deceased
person/s (if such time of death is known
to the interested party);
(v) the name, address and contact
number of interested party;
(vi) the right in which the interested
party claims heirship of the estate leaver/
/deceased person;
(vii) the names, addresses and contact
numbers of all other legal heirs of the
estate leaver/deceased person;
(viii) the details of the family or other
relatives of the deceased person/s
alongwith their residential address and
contact numbers; and
(ix) reason for execution of deed of
declaration of heirship.
(3) Three persons and at least one of the
interested parties shall have to declare on
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oath before the Special Notary that the
interested party or parties named by them
are the only heir or heirs of the deceased
person. If such deceased person was
married, the name of the spouse shall also
be disclosed and whether the spouse is
surviving or has expired. The interested
party shall also declare in the application,
whether the value of the inheritance
exceeds Rs. 10 lakhs or not and he shall
disclose the names of the spouses of the
heirs, if any.
(4) The declarants shall produce the
following documents:—
(a) death certificate of the deceased
person;
(b) will or gift deed mortis causa, when
the succession is founded on such
document;
(c)
document/s
to
prove
the
relationship of the heir or heirs to the
deceased person/s;
(d) the certified copies of photo identity
proof of the interested party and all other
legal heirs as specified in the application
submitted under sub-section (2).
(5) The provision of production of
documents as specified in sub-section (4)
shall be scrupulously followed by the
Special Notary and reference of all such
documents produced alongwith the
application shall be made by him to that
effect in deed of declaration of heirship.
(6) The application under sub-section (2)
shall be submitted in the manner as
prescribed under rules 14 and 15 of the
Order VI of the Code of Civil Procedure, 1908
(5 of 1908) for signing and verification of the
pleadings and the date shall be mentioned
on the application. All the documents as
specified in sub-section (4) shall be annexed
to the application.
(7) Where a party is unable to produce a
birth certificate, death certificate or a
marriage certificate issued by the
authorities, the party may produce an order
or decree of the court certifying such birth,
death or marriage.
(8) In the event when a party to
succession deed produces documents of his
identity and the names on the documents
produced are different, the parties may
produce a certificate issued by the
Mamlatdar for certifying the names
appearing in different certificates are that
of one and the same person.
(9) When all the interested parties are
abroad, a constituted attorney with special
powers may make the declaration required
under sub-section (3).
(10) A person, who under the provisions
of this chapter is not competent to be a
witness and a person who is a successor of
the presumed heir, shall not be competent
to be a declarant.
(11) If the declarant/s or the interested
party or parties or their attorneys, are found
to have knowingly made a false declaration,
with regard to the particulars required
under sub-section (3), they shall be liable
for penal action under sections 227 and 236
of the Bharatiya Nyaya Sanhita, 2023
(Central Act No. 45 of 2023).
(12) The fact that any person has been
brought on record in Court proceedings
other than inventory proceedings as legal
representative of the deceased, shall not
amount to a declaration of heirship.
(13) A deed of declaration of heirship shall
be sufficient evidence for the purpose of, —
(i) mutation;
(ii) transfer of shares;
(iii) withdrawal of money from a bank
or other financial institution where the
deposit does not exceed Rs. 50,000/-:
Provided that where there is only one heir,
there is no restriction on withdrawal of any
amount from the deposit.
(14) The application submitted by the
interested party under sub-section (2) shall
be a part of the record of the Special Notary
and it shall be preserved alongwith the
other records.
(15) The fee or duty on a deed of
declaration of heirship shall be as
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prescribed, on each inheritance opened,
irrespective of the number of heirs.
(16) The Special Notary recording the
deed of declaration of heirship shall, at the
expense of the interested party or parties,
publish within 15 days, an extract of the
declaration, disclosing the name and
permanent residence of the deceased and
the names of the interested parties and
other identification particulars, in the
Government Gazette. When the value of
inheritance exceeds Rs. 10 lakhs in all, such
extract shall also be published in an English
newspaper and a newspaper in local
language in circulation in the locality where
the deed is drawn. The Special Notary shall
require the interested party or parties to
advance the expenses towards the
publication of the notice.
(17) Any person claiming to be an heir of
the deceased who has not been named in
the declaration may file a suit for declaration
of heirship and consequential reliefs. If such
suit is filed, a notice thereof shall forthwith
be given by the Court to the respective
Special Notary or by the Plaintiff in the suit,
enclosing a certified copy of the plaint.
(18) If the Special Notary has not received
any notice from the Court or the Plaintiff,
he shall, within 30 days of the publication
of the extract, issue a certified copy of
declaration of heirship, which shall contain
an endorsement that no such commu-
nication of institution of any suit has been
received by him.
(19) Failure to file suit under sub-section
(17), shall not deprive the aggrieved party
to challenge the deed of declaration within
the period of limitation.”.
4. Amendment of section 361.— In section
361 of the principal Act, for the expression “the
Indian Penal Code (45 of 1860)”, wherever it
occurs, the expression “the Bharatiya Nyaya
Sanhita, 2023 (Central Act No. 45 of 2023)” shall
be substituted.
SANDIP JACQUES,
Secretariat,
Secretary to the Government
Porvorim, Goa.
of Goa, Law Department
4th September, 2024.
(Legal Affairs).
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