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SERIES I No. 28

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

No. 2

Panaji, 11th October, 2024 (Asvina 19, 1946)

GOVERNMENT OF GOA

Department of Law

Legal Affairs Division

–––

Notification

8/5/2024-LA-181

The Goa Legislative Diploma No. 2070

dated 15-4-1961 (Amendment) Ordinance,

2024 (Ordinance No. 5 of 2024) which has

been promulgated by the Hon’ble Governor

of Goa on 06-10-2024 is hereby published for

the general information of the public.

Dnyaneshwar Raut Dessai, Joint Secretary

(Law).

Porvorim, 10th October, 2024.

––––––

The Goa Legislative Diploma No. 2070

dated 15-4-1961 (Amendment)

Ordinance, 2024

(Ordinance No. 5 of 2024)

Promulgated by the Governor of Goa in the

Seventy-fifth Year of the Republic of India.

I, P. S. Sreedharan Pillai, Governor of Goa,

in the Seventy-fifth Year of the Republic of

India, promulgate “The Goa Legislative

Diploma

No.

2070

dated

15-4-1961

(Amendment) Ordinance, 2024 (Ordinance

No. 5 of 2024)”.

An Ordinance further to amend the Goa

Legislative Diploma No. 2070 dated 15-4-1961,

in its application to the State of Goa.

Whereas, the Legislative Assembly of the

State of Goa is not in session and the Governor

of Goa is satisfied that circumstances exists

which render it necessary for him to take

immediate action.

Now, therefore, in exercise of the powers

conferred by clause (1) of article 213 of the

Constitution of India, the Governor of Goa is

pleased to promulgate the following

Ordinance, namely:—

1. Short title and commencement.— (1) This

Ordinance may be called the Goa Legislative

Diploma

No.

2070

dated

15-4-1961

(Amendment) Ordinance, 2024.

(2) It shall come into force at once.

2. Insertion of new article 31-A.— After

article 31 of the Legislative Diploma No. 2070

dated 15-4-1961, the following article shall

be inserted, namely:—

“Article 31-A.— (1) Notwithstanding

anything contained in this Code, the Goa

Town and Country Planning Act, 1974 (Goa

Act 21 of 1975), the Goa (Regulation of Land

Development and Building Construction)

Act, 2008 (Goa Act 6 of 2008), the Goa Land

Development and Building Construction

OFFICIAL GAZETTE — GOVT. OF GOA

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11TH OCTOBER, 2024

1240

Regulations, 2010, the Goa Municipalities

Act, 1968 (Goa Act 7 of 1969), the Goa

Panchayat Raj Act, 1994 (Goa Act 14 of

1994), the City of Panaji Corporation Act,

2002 (Goa Act 1 of 2003) or any other

relevant law for the time being in force,

any land belonging to the Comunidade if

granted for certain purpose either by way

of sale or lease or emphyteusis or leave

and license, shall not be used for any other

purpose except for the purpose for which

the land was so granted.

(2) If any such land granted by the

Comunidade for certain purpose/use is put

to any use other than for which it was

granted, such land shall be reverted back

to the concerned Comunidade in the

manner hereinafter specified.

(3) The Administrator of Comunidade

after ascertaining the position thereof

issue a show cause notice, to the grantee/

/allottee and/or any other person found to

be in possession of such land. The

Administrator of Comunidade shall after

considering the reply filed by the grantee/

allottee and such person to the show cause

notice and after hearing oral arguments, if

any, pass an order of reversion of such

land in favour of the Comunidade with

approval of the Government.

(4) The Administrator of Comunidade,

during the pendency of the proceedings

before it shall pass an order restraining the

change of use of such land for any purpose

other than the purpose for which the

land was so granted. On passing

such order by the Administrator of

Comunidade, no authority including Town

and Country Planning Department,

Planning and Development Authority,

Municipal Council, Village Panchayat or

City of Panaji Corporation shall issue

any permission/clearance/approval/No

Objection Certificate for such land.”.

Place: Raj Bhavan,

Dona Paula, Goa.

P. S. Sreedharan Pillai

Date: 6-10-2024.

Governor of Goa.

Notification

7/25/2024-LA-180

The Goa Escheats, Forfeiture and Bona

Vacantia Act, 2024 (Goa Act 21 of 2024) which

has been passed by the Legislative

Assembly of Goa on 01-08-2024 and assented

to by the Governor of Goa on 06-10-2024, is

hereby published for the general information

of the public.

Dnyaneshwar Raut Dessai, Joint Secretary

(Law).

Porvorim, 10th October, 2024.

–––––––––

The Goa Escheats, Forfeiture and Bona

Vacantia Act, 2024

(Goa Act 21 of 2024) [06-10-2024]

ACT

to provide for taking over of charge,

management, administration, supervision,

custody and disposal of property vested in

the State of Goa qua ultima heres under

article 296 of the Constitution of India by

escheat or lapse, or as bona vacantia and

for matters connected therewith or

incidental thereto.

BE it enacted by the Legislative Assembly

of Goa in the Seventy-fifth Year of the Republic

of India as follows:—

CHAPTER-I

Preliminary

1. Short title, extent, commencement and

application.— (1) This Act may be called the

Goa Escheats, Forfeitures and Bona Vacantia

Act, 2024.

(2) It shall extend to the whole of the State

of Goa.

(3) It shall come into force on such date, as

the Government may, by notification in the

Official Gazette, appoint.

(4) It applies to all properties, which

according to the Constitution of India have

vested or having become vested or shall vest

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1241

in the Government by escheat or lapse, or as

bona vacantia, or which is forfeited or having

become forfeited or shall forfeit in the

Government under the provisions of this Act.

2. Definitions.— In this Act, unless the

context otherwise requires,—

(a) “Appellate Authority” means the

Government or such authority that the

Government may by general or special

order delegate such function to;

(b) “Bona vacantia” includes any

property, situated in the State of Goa, of

which there is no rightful owner, but does

not include an escheat or any movable

property found in a public place;

a legal claim on the previous owner, or

just or natural right or claim to succeed to

the previous owner’s property or to any

part thereof and claiming any interest in

escheated property;

(d) “Competent Authority” means any

person or authority authorised by the

Government not below the rank of Junior

Scale Officer-Class A, by notification in the

Official Gazette, to perform such functions

of the competent authority or functions

incidental thereto under this Act;

(e) “Court” means any civil court of

competent jurisdiction;

(f)“Escheat” means the automatic

transfer to the Government of property of

a person who dies intestate and without

any legal heirs according to his personal

law;

(g) “Escheated property” means any

movable or immovable property such as

land, building or other real or personal

property or any interest, legal or equitable

in it, which has vested or having become

vested or shall vest in the Government by

escheat or lapse, or as bona vacantia under

the provisions of this Act;

(h) “Government” means the Government

of Goa;

(i) “Notification” means a notification

published in the Official Gazette; and the

word “notified” shall be construed

accordingly;

(j) “prescribed” means prescribed by

rules made under this Act;

(k) “property” means and includes

movable or immovable property, as the

case it may be.

CHAPTER-II

Escheats

3. Escheats.— (1) Notwithstanding

anything contained in any other law for the

time being in force, where any person dies

intestate and without leaving legal heirs

according to his personal law, the property

of such person shall automatically stand

transferred to the Government, and the

Government may cause possession or

management or administration of such

property to be taken over by escheat or lapse,

or as bona vacantia for want of rightful owner,

and on such finding of fact by the Competent

Authority, the Government shall become the

owner of the property without any further

act or document.

4. Preliminary enquiry.— Whenever the

Competent Authority finds out or receives

information from any source that any person

has died intestate and without any legal heirs

and the property of such deceased person is

lying within his jurisdiction, he shall cause

an inquiry to be made to ascertain whether

such deceased person has died intestate and

whether he has left any legal heirs.

5. Publication.— If as a result of the inquiry

under section 4, the Competent Authority is

satisfied that the deceased person has died

intestate and without legal heirs and that

prima facie it is a case of escheat, he shall

publish a notice, in the Official Gazette and

in two local newspapers having wide

circulation in the State and two local

newspapers in regional language, and one

copy of such notice shall also be displayed

on the notice board of the concerned Village

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Panchayat/Municipal Council/Municipal

Corporation within the local limits of whose

jurisdiction such property is lying, calling

upon all persons who may have any claim to

the property of such deceased person to

appear before him and prefer claim within a

period of one year from the date of publication

of such notice.

6. Investigation and Decision.— (1) If any

claim is preferred within the period specified

under section 5, the Competent Authority

shall investigate the claim by taking on

record all evidence produced by the claimant

and he shall decide the case within a period

of four months from the date of receipt of the

claim, after such inquiry as he deems fit to

make, and issue notice of the decision to the

parties concerned.

(2) The decision of the Competent Authority

under sub-section (1) shall be subject to the

provisions of sections 7.

(3) Inquiry to be conducted by the

Competent Authority under sub-section (1)

shall be of summary nature and for the

purpose of such inquiry the Competent

Authority may summon and examine on oath

any person and may compel production of

any document or thing.

(4) It shall be the duty of the Competent

Authority to obtain full information from the

public records and by personal inquiries in

respect of the property, being in all cases

careful not to infringe any private rights or to

occasion unnecessary trouble or vexation to

individuals.

(5) Any income accruing from any such

property shall be kept in Government

treasury till the final disposal of all claims in

respect thereof.

7. Appeal.— (1) Any person aggrieved by

the decision of the Competent Authority

under section 6 may prefer an appeal to the

Appellate Authority within a period of three

months from the date of receipt of the notice

of the decision under sub-section (1) of

section 6 and the decision of the Appellate

Authority on such appeal shall be final.

(2) An appeal shall be decided by the

Appellate Authority within a period of three

months of such appeal being made.

(3) The Appellate Authority shall have the

power to grant interim relief on such terms

and conditions as may be necessary in

circumstances of each case.

(4) No order under sub-section (1) shall be

passed without giving all the persons

interested an opportunity of being heard.

8. Finality of Order.— Save as otherwise

expressly provided in this Act, any order

made by Competent Authority or Appellate

Authority under this Act shall not be called

in question in any original suit, application

or execution proceeding and no injunction

shall be granted by any court or other

authority in respect of any action taken or to

be taken in pursuance of any power conferred

by or under this Act.

9. Disposal of escheats.— The escheats

shall be disposed of in such manner as

prescribed:

Provided that any immovable property

which is escheated to the Government shall

not be ordinarily sold until it has been in

possession of the Government for ten years

or more.

10. Taking possession by Competent

Authority.— (1) Notwithstanding anything

contained in sections 5 to 9 (both inclusive),

the Competent Authority may, if satisfied after

the inquiry under section 4 that any person

has died intestate and without any legal heirs

and the property of such deceased person is

lying within his jurisdiction, he shall take

possession of such property, provided that

the property is not in the possession of any

person or the person in possession does not

offer any opposition.

(2) If there is opposition in taking

possession of any property by the Competent

Authority under sub-section (1), the person

in possession of the property may be left in

possession thereof until the claim is finally

settled under this Act:

(3) The property taken possession of under

sub-section (1) shall be managed by the

Government in such manner as prescribed.

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CHAPTER III

Abandoned Property

11. Abandoned property.— Any property

lying in the State of Goa abandoned by its

rightful

owner

shall

belong

the

Government.

12. Preliminary enquiry.— Whenever the

Competent Authority finds or receives

information from any source that any

property lying within his jurisdiction has been

abandoned by its rightful owner, he shall

cause an inquiry to be made to ascertain

whether there is any legal claimant to such

property.

13. Publication.— (1) If, as a result of the

inquiry under section 12, the Competent

Authority is satisfied that there is a prima

facie case of abandonment of the property by

the rightful owner thereof, he shall publish a

notice, in the Gazette and in two local

newspapers having wide circulation in the

State and two local newspapers in regional

language, and one copy of such notice shall

also be displayed on the notice board of the

concerned Village Panchayat/Municipal

Council/Municipal Corporation within the

local limits of whose jurisdiction such

property is lying, calling upon all persons who

may have any claim to such property to

appear before him and to prefer claim within

a period of one year from the date of

publication of such notice.

(2) The provisions of sections 6, 7, 8, 9 and

10 shall mutatis and mutandis apply in case

of abandoned property.

CHAPTER-IV

Unclaimed Property

14. Unclaimed properties found in public

places.— Any article found in a public place,

the owner of which is not known, shall be

taken charge of by any police officer who

shall send them for disposal to the Competent

Authority.

15. Publication in the Gazette.— (1) The

Competent Authority shall publish a notice

in the Gazette inviting claimants to prefer

claims to the article sent to him by the police

under section 14 within a period of one year

from the date of publication of such notice.

(2) Nothing contained in sub-section (1)

shall prevent the Competent Authority from

disposing of any perishable articles, which

come into his possession, at any time, either

before or after the publication of the notice

under sub-section (1).

(3) The article referred to in sub-section

(2) shall be sold in public auction in such

manner as prescribed, and the proceeds of

the sale shall be handed over to the rightful

claimants after deducting the expenses of the

sale or credited to the Government treasury,

if no claim is preferred within the period

specified in sub-section (1).

16. Forfeiture of articles.— If no claim is

preferred within the period specified in sub-

section (1) of section 15, the Competent

Authority shall pass an order forfeiting the

articles, other than those dealt with under

the sub-section (2) of the said section, to the

Government, and the articles shall thereupon

be sold in public auction in such manner as

prescribed, and the sale proceeds credited

to the Government treasury.

17. Uncontested claim.— If a claim is

preferred within the time allowed and it is

not contested, the article shall be handed

over to the Government.

18. Contested claim.— (1) In the case of a

contested claim, the Competent Authority

shall investigate the claim by taking on

record all evidence produced by the claimant

and he shall decide the case within a period

of four months from the date of receipt of the

claim, after such inquiry as he deems fit to

make, and issue notice of the decision to the

parties concerned.

(2) Inquiry to be conducted by the

Competent Authority under sub-section (1)

shall be of summary nature and for the

purpose of such inquiry the Competent

Authority may summon and examine on oath

any person and may compel production of

any document or thing. The decision of the

Competent Authority under sub-section (1)

shall be final:

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Provided that nothing contained in this

section shall prevent the Competent Authority

from disposing of any perishable articles

which come into his possession by public

auction in the manner prescribed, at any time

before the decision on the claim, and if the

claimant is successful in proving his claim,

the sale proceeds shall be handed over to

the claimant.

CHAPTER-V

Miscellaneous

19. Register of properties.— The Competent

Authority shall cause to be kept and

maintained a register in which shall be

entered all the particulars of such item of

every property to which this Act applies and

also, in the case of any such property having

been sold under this Act, the amount of sale

proceeds thereof.

20. Power of Government to make

rules.— (1) The Government may, by

notification in the Gazette, make rules for the

purpose of carrying into effect the provisions

of this Act.

(2) In particular, and without prejudice to

the generality of the foregoing power, such

rules may provide for,—

(a) the superintendence and disposal of

escheats and abandoned property;

(b) the manner in which property shall

be managed by the Government;

public auctions under this Act;

(d) any other matter which has to be, or

may be, prescribed.

(3) Every rule made under this Act shall

be laid as soon as may be after it is made

before the Legislative Assembly while it is in

session.

21. Protection of action taken under this

Act.— (1) No suit, prosecution or other legal

proceedings shall lie against any officer/

employee of the Government for anything

which is in good faith done or intended to be

done under this Act or any rules made

thereunder.

(2) No suit or other legal proceeding shall

lie against the Government for any damage

caused or likely to be caused or any injury

suffered or likely to be suffered by virtue of

any provision contained in this Act or any

rules made thereunder or by anything in good

faith done or intended to be done in

pursuance of this Act or any rules made

thereunder.

22. Act to have overriding effect.— The

provisions of this Act shall have effect

notwithstanding anything inconsistent

therewith contained in any other law for the

time being in force or in any instrument or in

any decree or order of any court or other

authority having effect by virtue of any law

other than this Act.

23. Power to remove difficulties.— If any

difficulty arises in giving effect to any of the

provisions of this Act, the Government may,

by order published in the Official Gazette,

make such provisions not inconsistent with

the provisions of this Act as appear to it to be

necessary or expedient for removing the

difficulty:

Provided that no such order shall be

made after the expiration of a period of

two years from the date of commencement of

this Act.

(2) Every order made under this section

shall, as soon as may be after it is made, be

laid before the Legislative Assembly of Goa.

Secretariat,

SANDIP JACQUES

Porvorim, Goa.

Secretary to the Government

Date: 10-10-2024.

of Goa, Law Department

(Legal Affairs).

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