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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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