reg. no. gr/rnp/goa/32 rni no. …goacomtax.gov.in/uploads/file/54_file_1213-19-si-og.pdf933 panaji,...

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Panaji, 9th August, 2012 (Sravana 18, 1934) SERIES I No. 19

Reg. No. GR/RNP/GOA/32 RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

Goa Legislature Secretariat

LA/LEGN/2012/1273

The following bill which was introduced inthe Legislative Assembly of the State of Goaon 1st August, 2012 is hereby published forgeneral information in pursuance ofRule–138 of the Rules of Procedure and

Suggestions are welcome on e-mail: dir–[email protected]

INDEX

Notification/Order/Bill

Bill.- LA/LEGN/2012/1273

Bill.- LA/LEGN/2012/1274Bill.- LA/LEGN/2012/1275Bill.- LA/LEGN/2012/1284Bill.- LA/LEGN/2012/1285Bill.- LA/LEGN/2012/1286Bill.- LA/LEGN/2012/1301Bill.- LA/LEGN/2012/1302Bill.- LA/LEGN/2012/1303Bill.- LA/LEGN/2012/1304Bill.- LA/LEGN/2012/1329

Bill.- LA/LEGN/2012/1330Bill.- LA/LEGN/2012/1331Bill.- LA/LEGN/2012/1332Bill.- LA/LEGN/2012/1338

Bill.- LA/LEGN/2012/1339

Bill.- LA/LEGN/2012/1340Ord.- 13/1/2012-LD(Estt).

Ord.- 13/1/2012-LD(Estt).

Not.- 1/49/76-PER (Pt.II)

Not.- 2/07/(829)/11/DSYA//Adm/2176

Not.- 2/279/LL/2012/DW&CD/2969

Subject

The Goa Succession, Special Notaries and InventoryProceeding Bill, 2012.The Goa Administrative Tribunal (Amend.) Bill, 2012The City of Panaji Corporation (Amend.) Bill, 2012.The Goa Tax on Luxuries (Twelfth Amend.) Bill, 2012.The Goa Commission for Minorities Bill, 2012.The Goa Electricity Duty (Amendment) Bill, 2012.The Goa Human Resource Development Bill, 2012.The Indian Stamp (Goa Amendment) Bill, 2012.The Goa Value Added Tax (Sixth Amend.) Bill, 2012.The Goa Municipalities (Amendment) Bill, 2012.The Goa (Rajiv Gandhi IT Habitat–Cancellation/Abolition and Regulation of Allotment of Plots) Bill, 2012.The Goa Highways (Amendment) Bill, 2012.The Goa Public Gambling (Amendment) Bill, 2012.The Goa Nursing Council Bill, 2012.The Goa Salary, Allowances and Pension ofMembers of the Legislative Assembly(Fourth Amendment) Bill, 2012.The Goa Salaries and Allowances ofMinisters (Amendment) Bill, 2012.

The Goa Land Use (Regulation) (Amend.) Bill, 2012.

Creation of posts.– District and Sessions Court,North Goa, Panaji.

Creation of posts.– District and Sessions Court,South Goa, Margao.Amendment to the Recruitment Rules for Group ‘C’and ‘D’ posts in various Departments.Creation of posts.

Amendment to the Laadli Laxmi Scheme.

Department

1. Goa Legislature Secretariat

b. —do—c. —do—d. —do—e. —do—f. —do—g. —do—h. —do—i. —do—j. —do—k. —do—

l. —do—m. —do—n. —do—o. —do—

p. —do—

q. —do—2. a. Law & Judiciary

Law (Est.) DivisionUnder Secretaryb. —do—

3. PersonnelAdditional Secretary

4. Sports & Youth AffairsDte. of Sports & Youth AffairsDirector

5. Women & Child Devp.Dir. & ex officio Jt. Secy.

Pages

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1016101810181023102910311041104310501051

1057106010641083

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10891091

1092

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Conduct of Business of the Goa LegislativeAssembly.

INDEX

PART I

General ProvisionsSection 1. Short title, extent, commencement and

application.Section 2. Definitions.

OFFICIAL GAZETTE — GOVT. OF GOASERIES I No. 19 9TH AUGUST, 2012

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PART II

SuccessionCHAPTER I

Preliminary Provisions

Section 3. Succession.Section 4. Types of Succession.Section 5. Types of successors: heirs and legatees.Section 6. Inheritance.Section 7. Simultaneous death of the estate leaver

and the successor.

CHAPTER II

Opening of the Inheritance, Competence to Succeedand Transmission of Ownership and Possession

Section 8. Opening of the succession.Section 9. Competence to succeed.Section 10. Incompetence to succeed by reason of

unworthiness to succeed.Section 11. Consequences of declaration of

unworthiness to succeed.Section 12. Re-acquisition of competence to

succeed.Section 13. When the ownership and possession is

transmitted.

CHAPTER III

Right to Partition the Inheritance

Section 14. Partition by inventory.Section 15. Partition by deed.Section 16. Inheritance is indivisible till partition

is effected.Section 17. Consequence of transfer of specific

asset of inheritance.Section 18. Right of co-heir to claim the inheritance

in its entirety.Section 19. Right to demand partition.Section 20. Partition of assets of joint family.

CHAPTER IV

Acceptance and Renunciation of the InheritanceSection 21. Acceptance of inheritance.Section 22. Devolution of inheritance under

different titles.Section 23. Freedom to accept or renounce.Section 24. Nullity of restricted acceptance or

renunciation.Section 25. Capacity to accept or renounce.Section 26. Acceptance or renunciation by one of

the spouses only.Section 27. Acceptance of inheritance left to a

person under disability.Section 28. Acceptance or renunciation of

inheritance left to a deaf and dumbperson.

Section 29. Form of acceptance.Section 30. Gratuitous transfer of inheritance or

share therein.Section 31. Consequences of court decision

declaring a person to be an heir.Section 32. Absence of consensus among heirs to

accept or renounce an inheritance.Section 33. Transmission of right to accept.Section 34. Indivisibility of renunciation.Section 35. How renunciation is effected.Section 36. Consequences of renunciation.Section 37. Implications of renunciation of

disposable share.Section 38. When acceptance may be challenged.Section 39. Subrogation by creditor.Section 40. Prohibition to renounce.Section 41. Retroactivity of acceptance or

renunciation.Section 42. Inheritance at abeyance.Section 43. Temporary management.Section 44. Notice to accept or renounce the

inheritance.

CHAPTER V

Liabilities of the Inheritance

Section 45. Liabilities of the inheritance.

Section 46. Order of priorities.

Section 47. Liability of the usufructuary.

Section 48. Legacy of maintenance or lifetime

pension.

Section 49. Rights and duties of the heirs in respect

of the inheritance.

Section 50. Bonafide satisfaction of the legacies.

CHAPTER VI

Legal Succession

Section 51. When legal succession takes place andits extent.

Section 52. Order of legal succession.Section 53. Proximity of degree.Section 54. Succession per capita.Section 55. Accretion upon renunciation of the

inheritance.Section 56. Degree and lines of kinship.Section 57. Direct and collateral line.Section 58. Types of direct line of kinship.Section 59. How degrees are counted in the direct

line.Section 60. How degrees are counted in the

collateral line.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 19 9TH AUGUST, 2012

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Section 61. Incapacity to inherit by legalsuccession.

Section 62. Extent of incapacity.

CHAPTER VII

Right of Representation

Section 63. Right of representation.

Section 64. Representation in the direct line.

Section 65. Representation in the collateral line.

Section 66. Right of the representatives.

Section 67. Joint representatives.

CHAPTER VIII

Order of SuccessionSuccession of Descendants/Ascendants

Section 68. Succession of children and theirdescendants.

Section 69. When filiation is disputed.Section 70. Succession per capita.Section 71. Succession per stirpes.

Succession of Ascendants

Section 72. Succession of parents.

Succession of Ascendants of the Second Degree

Section 73. Succession of grandparents and otherascendants.

Section 74. Division per capita: Ascendants in thesame degree.

Section 75. When ascendants are not in the samedegree.

Succession of Brothers, Sisters and theirDescendants

Section 76. Succession of brothers, sisters and theirdescendants.

Succession of Surviving Spouse and of theCollaterals

Section 77. Succession of surviving spouse.Section 78. Collaterals other than brothers, sisters

and their descendants.

Succession of the State

Section 79. Succession of the State.Section 80. Rights and duties of the State.Section 81. Prior Court order.

CHAPTER IX

Preferential right of the Spouse

Section 82. Preferential right of habitation and useof surviving spouse.

CHAPTER X

Mandatory Succession, Collation and Reduction

Section 83. Disposable portion.Section 84. Restriction on transfer by parents or

grandparents.Section 85. Disposition of specific usufruct or

lifetime pension.Section 86. In officious dispositions.Section 87. Right of forced heir to claim reduction.Section 88. Renunciation of right to claim

reduction.Section 89. Computation of disposable portion.

Rules Relating to Collation

Section 90. Collation.Section 91. Exemption from collation.Section 92. When is a gift deemed an advancement

of the legitimate.Section 93. Collation by grandchildren.Section 94. When parents are not bound to collate.Section 95. Ascendant duty to collate.Section 96. Spouses of children not bound to

collate.Section 97. Expenses to be collated.Section 98. Collation of fruits and profits of gifted

things.Section 99. How collation is done.Section 100. Where the value of the gifted assets

exceeds the value of donee’s share inthe inheritance.

Section 101. On payments made.Section 102. Family arrangement.Section 103. Gift of community assets.Section 104. How the shares of co-heirs are to be

paid.Section 105. When the value of the assets gifted

exceeds the legitimate of the done.Section 106. Where there are several donees.Section 107. Dispute as regards obligation to collate.Section 108. Assets which devolve in a preferential

manner.Section 109. Duty to collate is a charge in rem.

Rules for Reduction of a Legacy or Gift

Section 110. Reduction of legacy or gift.Section 111. Order of reduction.


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Section 112. Partial reduction.Section 113. Reduction of gifts inter vivos.Section 114. Pro rata reduction.Section 115. Reduction in respect of movables.Section 116. Reduction of gifts of immovables.Section 117. When immovable cannot be divided.Section 118. When the donee may retain the gifted

property.Section 119. When immovable properties are not in

possession of the donee.Section 120. When the donee is insolvent.Section 121. Fruits and profits in the event of

reduction.

CHAPTER XI

Testamentary Succession

Section 122. Institution of heir.Section 123. Liability of the heirs.Section 124. Liability of the legatee.Section 125. Apportionment of liabilities where

inheritance is distributed by way oflegacies only.

Section 126. Specific sum or thing bequeathed.Section 127. Institution of heirs collectively.Section 128. Brothers or sisters generally instituted

as heirs.Section 129. Institution of certain person and his

children.Section 130. Right to be compensated for

management of inheritance distributedby way of legacies.

Section 131. Legacy of a thing subsequentlyacquired.

Section 132. Legacy of a thing belonging to the heiror legatee.

Section 133. Legacy of a thing which belongs onlyin part to the testator or to hissuccessors.

Section 134. Restraint on marriage.Section 135. Condition to reciprocate.Section 136. Deferred execution of the disposition.Section 137. Ineffective dispositions.Section 138. Legacy in the alternative.Section 139. Indivisibility of the disposition.Section 140. Supervenience of descendants.Section 141. Effect of supervenient children

predeceasing.Section 142. Legacy of a pledged thing.Section 143. Legacy of thing ascertainable at the

place where found.Section 144. Legacy of debt not fallen due.Section 145. Legacy made to the creditor of testator.Section 146. Unconditional legacy.

Section 147. Choice of legacy of a generic thing.Section 148. Heir’s right to select.Section 149. Transmission of right to choose.Section 150. Legacy for maintenance.Section 151. Legacy of house with things existing

in it.

Section 152. Legacy of usufruct.

Section 153. Legacy to minor.

Section 154. Legacy for charitable purposes.

Section 155. Mistake as to object or subject of the

legacy.

Section 156. Delivery of legacy.

Section 157. Duty to carry out the will.

Section 158. Fruits and income of legacy.

Section 159. Legacy of periodic sums.

Section 160. Expenses for delivery of legacy.

Section 161. Manner and place of delivery.

Section 162. New acquisitions.Section 163. Legacy of thing burdened with

encumbrance in rem.Section 164. Lien on immovable assets.Section 165. Duty of co-heirs to compensate when

the legacy consists of an asset of oneco-heir only.

Section166. Institution of heir or legatee subject tofulfillment of condition.

Section 167. Conditional legatee.Section 168. Responsibility of the heir apparent.Section 169. Reduction of encumbrance attached to

legacy.

Right of Accretion

Section 170. Right of accretion.Section 171. Exclusion of right of accretion.Section 172. Effects of accretion.Section 173. Renunciation of right of accretion.Section 174. Right to legacy.

Substitutions

Section 175. Common or direct substitution.

Section 176. Pupillary substitution.

Section 177. Quasi pupillary substitution.

Section 178. Properties which may be subject to

substitution.

Section 179. Rights and duties of the substitute.

Section 180. Reciprocal substitution.

Section 181. Fide commissary substitution.

Section 182. Lapse of fidei-commissum.

Section 183. Nullity of the substitution.

Section 184. Dispositions which are not analogous

to fidei-commissum.



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Section 185. Deemed fidei-commissum.Section 186. Encumbrances in favour of paupers,

etc.Section 187. Irregular fidei-commissum.Section 188. Applicability to past and future fidei-

-commissum.

Disinheritance

Section 189. Disinheritance.

Section 190. Grounds for disinheritance.

Section 191. Effects of disinheritance.

Section 192. Burden of proof.

Section 193. Failure to mention ground or irrelevant

ground.

Section 194. Right to maintenance of the

disinherited heir.

Section 195. Period of limitation to challenge

disinheritance.

CHAPTER XII

Wills

Section 196. Concept of will.

Section 197. Will is a personal act.

Section 198. Will dependent upon instruction.

Section 199. Disposition in favour of unnamed

relatives.

Section 200. Conditional disposition.

Section 201. Obstruction to fulfillment of condition.

Section 202. Reason contrary to law.

Section 203. Disposition where time for

commencement or cessation of heirship

is fixed.

Section 204. Will obtained by coercion, undue

influence, deceit or fraud.

Section 205. Duty of authorities.

Section 206. When expressions are insufficient.

Section 207. Prohibition imposed by testator to

challenge his will.

Section 208. Joint wills.

Section 209. Revocation of will.

Section 210. Implied revocation.

Section 211. Effect of will which has lapsed.

Section 212. Restoration of will.

Section 213. When testamentary dispositions lapse.

Section 214. Effect of ignorance of existence of

children.

Section 215. Interpretation of wills.

Section 216. Objects contrary to law, morality or

public policy.

Who may make a Will and Acquire by Will

Section 217. Capacity to make a will.

Section 218. Incapacity to make a will.

Section 219. Restrictions on disposition of

community assets.

Section 220. Restrictions on disposing of specific

assets of the inheritance.

Section 221. Relative incapacity of sick person.

Section 222. Disposition in favour of a person who

has rendered domestic help or care and

assistance.

Section 223. Relative incapacity – Disposition in

favour of guardian or manager of

assets.

Section 224. Relative incapacity – Disposition by

adulterous spouse.

Section 225. Relative incapacity – Disposition in

favour of the Special Notary.

Section 226. Extent of nullity.

Section 227. Restriction on impairment of

mandatory share.

Section 228. Who may receive by will.

Section 229. Relevant time to determine capacity to

acquire by will.

Section 230. Consequence of incompetence to

acquire by legal succession.

Section 231. Consequences of refusal to act as

executor or guardian or their removal.

Section 232. Capacity of corporate bodies.

Section 233. Fictitious disposition.

Types of Wills

Section 234. Types of wills.

Section 235. Public will.

Section 236. Printed open will.

Section 237. Closed or sealed will.

Section 238. Incompetence to make a closed will.

Section 239. Failure to present the closed will.

Section 240. Fraudulent removal of will.

Section 241. Where the closed will is found open.

Section 242. Tampered or torn will.

Section 243. Presumption as to who is responsible.

Section 244. Torn will found amidst the effects of the

testator.

Section 245. Wills under this Act to become

operative upon death.

Section 246. Wills made outside Goa.


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CHAPTER XIII

Management of the Inheritance:Head of the Family

Section 247. To whom the office of head of the family

belongs.

Section 248. When the guardian is appointed head

of the family.

Section 249. Eldest of the spouses to be the head of

the family.

Section 250. Special head of the family.

Section 251. Duty to initiate the inventory.

Section 252. When half of the income may be

distributed.

Section 253. Rights and duties of the head of the

family.

Section 254. Head of the family when there are only

legacies.

Section 255. When the head of the family seeks

exemption or is removed.

Section 256. Concealment of assets of the

inheritance by the head of the family

or heir.

Section 257. Fraudulent description.

Section 258. Fraudulent concealment of documents.

Executor

Section 259. Executor appointed by the testator.

Section 260. Who may be executor.

Section 261. Appointment of executor by Court.

Section 262. Where the executor declines to accept

the office.

Section 263. Time limit to decline appointment.

Section 264. When the executor may resign.

Section 265. Office of the executor is gratuitous.

Section 266. Impediments to become executor.

Section 267. Powers of the executor.

Section 268. General duties of the executor.

Section 269. Duty to initiate inventory.

Section 270. When the testator leaves forced heirs.

Section 271. Where the testator does not leave

forced heirs.

Section 272. Time limit to carry out the will.

Section 273. Joint executors.

Section 274. Duty to render accounts.

Section 275. Office of executor not transferable or

heritable.

Section 276. Accretion of remuneration.

Section 277. Expenses of the executor.

Section 278. When the executor is guilty of deceit

or fraud.

CHAPTER XIV

Partition

Section 279. Effects of partition.Section 280. Consequences of co-heir and moiety

holder being deprived of possession.Section 281. Limitation for suit for damages.Section 282. Partition done out of Court.Section 283. Rescission in case of out of Court

partition.

CHAPTER XV

Supplemental Provisions

Section 284. Sale of share in undivided inheritance:right of pre-emption.

Section 285. Notice to moiety holder or co-heirs.Section 286. Sham sale.Section 287. Creation of Easement.Section 288. Definition of usufruct.Section 289. Constitution of usufruct.Section 290. Extinguishment of usufruct.Section 291. Right of the usufructuary.Section 292. Determination of usufruct.Section 293. Emphyteusis.Section 294. Divisibility of the emphyteusis.Section 295. Acts contrary to law.

PART III

Special Notaries

CHAPTER XVI

Establishment of District Special Notariesand Special Notaries

Section 296. District and Sub-Districts.Section 297. Special Notaries.Section 298. Offices of the District Special Notary

and the Special Notary.Section 299. Absence of District Special Notary.Section 300. Absence of the Special Notary.Section 301. Seal of the District Special Notary and

the Special Notary.Section 302. State Special Notary.Section 303. Qualifications.

CHAPTER XVII

Functions of the Special Notary

Section 304. Function of the Special Notary.Section 305. Status of the Special Notary.Section 306. Evidentiary value of the documents

drawn by the Special Notary.Section 307. What instruments are to be drawn only

by way of authentic document.



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CHAPTER XVIII

Books, Indices and Fire Proof Boxes

Section 308. Obligation of the State to provide booksto the Special Notary.

Section 309. Books to be maintained by the SpecialNotary and District Special Notary.

Section 310. Requirement of the notarial books.Section 311. Indexes to be maintained.Section 312. Maintenance and preservation of books

and other records.Section 313. Special Notaries to allow inspection of

indices and give certified copies.Section 314. Power of the State Special Notary and

District Special Notary to superintendand control the Special Notaries.

CHAPTER XIX

Powers of the District Special Notary and theSpecial Notary

Section 315. Powers of the Special Notaries.Section 316. Power to administer oath.Section 317. Incompetence to act.Section 318. Duty of the Special Notary.Section 319. When the Special Notary shall refuse

to perform the act.Section 320. Refusal to perform an act.Section 321. Order of the District Special Notary.Section 322. Suit in case of party being aggrieved

by order of the District Special Notary.

CHAPTER XX

Authentic Instrument in General

Section 323. Who may be witnesses, identifiers andcertifiers.

Section 324. Requisites of authentic documents.Section 325. How instruments are to be recorded.Section 326. Dumb and deaf.

CHAPTER XXI

Public Open Will

Section 327. Identification of the testator and his

condition.

Section 328. Place, time and date of the will.

Section 329. When a plan is attached to the will.

Section 330. When the testator does not know or is

unable to write.

Section 331. When the testator is deaf.

Section 332. Formalities to be complied with

without break.

CHAPTER XXII

Printed Open Will

Section 333. Printed open will.

CHAPTER XXIII

Closed Will

Section 334. Presentation of closed will and

approval by the Special Notary.

Section 335. Record of the approval of the closed

will.

Section 336. Failure to comply with formalities.

Section 337. Delivery of the closed will.

Section 338. Custody of the closed will and its

deposit with the Special Notary.

Section 339. Who may deposit the will.

Section 340. Special power of attorney for return of

the will.

CHAPTER XXIV

Opening of the Closed Will

Section 341. Formalities to open a closed will.

Section 342. Proceedings on death of the depositor.

Section 343. Book of record.

CHAPTER XXV

Registration of the Closed Will after Opening

Section 344. Registration of will.

Section 345. Withdrawal of sealed cover deposited

under the preceding section.

CHAPTER XXVI

Instrument of Declaration of Heirship

Section 346. Declaration of heirship.

CHAPTER XXVII

Void Notarial Acts

Section 347. Notarial acts when void.

CHAPTER XXVIII

Validation of Notarial Acts

Section 348. Validation of notarial acts.


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CHAPTER XXIX

Civil Liability of the Special Notary

Section 349. Liability to disciplinary proceedings.Section 350. Insufficiency of stamps.Section 351. Discretion to state the provision and

accept a draft.

CHAPTER XXX

Certified Copies

Section 352. Who may apply.Section 353. To whom certified copy may be

delivered.Section 354. Time limit to issue certified copies.Section 355. When a reference is made to other

documents in the main instrument.Section 356. When a reference is made to a drawing

or plan in the main instrument.Section 357. Manner in which certified copy is to be

issued.Section 358. When there are interlineations,

erasures and corrections.

CHAPTER XXXI

Fees

Section 359. Fees to be fixed by the StateGovernment.

Section 360. Publication of fees.

CHAPTER XXXII

Penalties

Section 361. Penalty for incorrectly recording,

endorsing, copying and translating

documents with intent to injure.

Section 362. Penalties for making false statements,

delivering false copies or translations,

false peromation and abetment.

Section 363. Thing bona fide done or refused in his

official capacity by an officer acting

under this Act.

Section 364. Nothing so done is invalidated by

defect in appointment or procedure of

appointment of an officer acting under

this Act.

CHAPTER XXXIII

Miscellaneous

Section 365. Ex-officio powers and acts to be doneafter office hours.

PART IV

Inventory Proceeding

CHAPTER XXXIV

Types of Inventory Proceedings

Section 366. Mandatory Inventory.Section 367. Optional Inventory.Section 368. Inventory upon divorce or separation

or annulment of marriage.Section 369. Inventory where a party dies after

allotment in inventory proceedingwhich were finally disposed of.

Section 370. Inventory upon death of the survivingspouse.

Section 371. Additional partition.Section 372. Inventory in the event of dissolution of

joint family.

CHAPTER XXXV

Jurisdiction

Section 373. Jurisdiction.Section 374. Consolidation of inventories.

CHAPTER XXXVI

Head of the Family

Section 375. Petition.Section 376. Order of appointment of head of the

family.Section 377. Inquiry for appointment of head of the

family.Section 378. Evidentiary value of the declaration of

the head of the Family.Section 379. Rights and Duties of the head of the

family.Section 380. Concealment of assets by head of the

family.Section 381. Consequences of concealment.Section 382. Consequence of giving a list of assets

based on false documents.Section 383. Duration of office of head of the family.Section 384. Removal of the head of the family.Section 385. Discharge of the head of the family from

holding office.

CHAPTER XXXVII

Hearing

Section 386. Hearing in the inventory proceeding.

Section 387. Prosecution of inventory.

Section 388. Proceeding in absentia.

Section 389. Parties under disability.



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Section 390. Discharge of guardian, etc.Section 391. Discharge or removal of guardian, etc.Section 392. Composition of the family council .Section 393. Death of moiety holder or heir during

the pendency of the proceeding.Section 394. Challenge to the maintainability of the

proceeding and other objections.Section 395. Application to be declared as

interested party, legatee or creditor andto be made a party to the proceeding.

Section 396. Intended sale of a share in an undividedinheritance.

Section 397. Sale of share in the undividedinheritance.

Section 398. Order of priority and procedure.

CHAPTER XXXVIII

Initial list of Assets

Section 399. Initial list of assets.Section 400. Objections to the list of assets and other

objections.Section 401. When co-heirs are called upon to give

a list of assets.Section 402. Deletion of assets listed in the

preliminary list.Section 403. Disputes relating to concealment of

assets.

CHAPTER XXXIX


Section 404. Payment of debts of inheritance.Section 405. Funeral expenses.Section 406. Redemption of certain encumbrances

in rem.Section 407. Creditor’s claim.Section 408. Debtor’s denial.Section 409. Valuation.Section 410. Evaluation by officer of the Court.

CHAPTER XL

Final List, Conferance of the Parties andPayment of Debts

Section 411. Final list.

Section 412. Division by metes and bounds.

Section 413. Objection to overvaluation, conference,

application for licitation.

Section 414. Who may decide on behalf of persons

under disability.

Section 415. Conference of the interested parties.

Section 416. Debts payable by the inheritance and

mode of payment.

Section 417. Power of the Court to decide on debts.

Section 418. Disagreement on the approval of debts.

Section 419. Payment of debts fallen due.

Section 420. When debts are approved by some of

the interested parties only.

Section 421. Resolution on mode of payment of

debts.

Section 422. When do legatees decide on the mode

of payment of debts.

Section 423. Insolvency.

Section 424. Emphyteusis.

Section 425. Overvaluation of assets.

CHAPTER XLI

Licitation

Section 426. Licitation of asset which is notsusceptible to division withoutdetriment.

Section 427. Licitation of gifted assets.

Section 428. Licitation of bequeathed assets.

Section 429. When licitation is to be held.

Section 430. Licitation defined.

Section 431. When licitation may be annulled.

CHAPTER XLII

Second Valuation

Section 432. Second Valuation.

Section 433. Inofficious legacy.

Section 434. Procedure for second valuation.

Section 435. Proposal on mode of partition should

be made.

Section 436. Procedure for filling up the shares of

the parties.

CHAPTER XLIII

Chart of Partition

Section 437. Chart of partition.

Section 438. Preliminary Chart.

Section 439. Rectification.

Section 440. Sortition.

Section 441. Second and Third chart of partition.


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CHAPTER XLIV

Confirmation of Partition

Section 442. Confirmation of partition.

Section 443. Costs.

Section 444. Safeguards to be observed when the

assets are delivered before the order of

homologation becomes final.

Section 445. Fresh partition.

CHAPTER XLV

Amendment and Rescission of Partition

Section 446. Amendment of partition.

Section 447. Suit for amendment of partition.

Section 448. Rescission of partition.

Section 449. Settlement of share of the heir left out

in the inventory.

Section 450. Finality of the decision.

CHAPTER XLVI

Appeals

Section 451. Appeals.

CHAPTER XLVII

Preventive Measures

Section 452. Appointment of receiver.

Section 453. Temporary injunction.

CHAPTER XLVIII

Miscellaneous

Section 454. Cause title.

Section 455. Stamp duty payable.

Section 456. Fixation of the amount of costs.

Section 457. Enforcement of order.

Section 458. Summary proceeding.

Section 459. Power to make Rules.

Section 460. Repeal and Savings.

The Goa Succession, Special Notaries andInventory Proceeding Bill, 2012

(Bill No. 13 of 2012)

A

BILL

to consolidate and amend the law of intestateand testamentary succession, notarial lawand the laws relating to partition of aninheritance and matters connectedtherewith.

Be it enacted by the Legislative Assemblyof Goa in the Sixty-third Year of the Republicof India, as follows:—

PART I

General Provisions

1. Short title, extent, commencement andapplication.— (1) This Act may be called theGoa Succession, Special Notaries andInventory Proceeding Act, 2012.

(2) It shall extend to the whole of the Stateof Goa.

(3) It shall come into force on the 90th dayfrom the date of it’s publication in the OfficialGazette.

(4) It shall be applicable to,—

(a) all persons who, prior to the 20th dayof December, 1961, were governed by theprovisions of the Civil Code of 1867 as inforce in erstwhile Portuguese regime overGoa and which continued in force by virtueof sub-section (1) of section 5 of the Goa,Daman and Diu (Administration) Act, 1962(1 of 1962), as adapted by the MilitaryGovernor of Goa, Daman and Diu videOrder No. 175/2/MG dated 31st May,1962;

(b) any person born in Goa of parents whoare governed by the provisions of the CivilCode of 1867 which is at present in forcein Goa and which was in force prior to the20th day of December, 1961;



943

(c) any person born outside the State ofGoa of parents who were or are governedby the provisions of the said Civil Code of1867, unless such person declares that hedoes not desire to be governed by theprovisions of this Act at any time before theexpiry of three years from the date he attainsmajority or before the expiry of three yearsfrom the date he comes from outside theState of Goa, before the Special Notaryhaving office in the sub-district where suchperson resides;

(d) any person born in Goa of parents whoare governed by the provisions of thecorresponding laws in force in the rest ofIndia provided that he chooses permanentresidence in the State of Goa and he declaresbefore the expiry of three years from thedate he attains majority that he desires tobe governed by this Act before the SpecialNotary having office in the sub-districtwhere such person resides;

(e) any person born in Goa of parents whoare foreign citizens provided such personsatisfies the requirements of sections 3 and4 of the Citizenship Act, 1955 (Central Act57 of 1955);

(f) any person born in Goa of unknownparents or of unknown nationality;

(g) any person adopted by parents whoare governed by the provisions of the CivilCode of 1867 as in force in Goa or by parentsto whom this Act is applicable:

Provided that such a person shall not bedeemed to have taken up permanentresidence in Goa,—

(i) merely by reason his residing thereon account of his being appointed in theCivil, Military, Naval, Air Force service ofthe Government of India;

(ii) merely on account of he beingappointed by the Government of a foreigncountry as its representative and residingas such in Goa in pursuance of such

appointment nor shall any other personresiding with such representative as partof his family or as servant.

2. Definitions.— In this Act, unless thecontext otherwise requires,—

(a) “absent person” means a person who,without appointing an attorney to managehis properties, has left the place of hisresidence and his whereabouts are notknown and is so adjudged by a competentcourt;

(b) “assets” means properties, movableor immovable, corporeal, whether animateor inanimate, or incorporeal, unlessrepugnant to the context and includesliabilities;

(c) “authentic document” means adocument drawn by a public official or withhis intervention as required by law and suchdocument constitutes proof of the veracityof the acts done by the public official andthe veracity of the facts which haveoccurred in his presence or which he hascertified and was competent to certify,unless it is proved that the document itselfis fabricated or false;

(d) “conferee” means the person, whohas to return the assets gifted to him to themass of the inheritance for the purpose ofcollation;

(e) “deaf and dumb” means a person whois deaf and dumb and is not capable ofmanaging his assets and is so adjudged bya competent court;

(f) “estate leaver” means the person uponwhose death the transmission of his estatetakes place;

(g) “forced heir” means the heir whomthe estate leaver cannot deprive of theportion of his estate reserved to such heirby law, except in cases where thelaw permits the estate leaver to disinherithim;


944

(h) “head of the family” means the personwho is entrusted with the duty to give thelist of the assets and liabilities of aninheritance and with the management of theinheritance till the finalization of thepartition;

(i) “inofficious gift or will” means a giftor a will made by the estate leaver whichimpairs the legitime of the forced heir;

(j) “interdict” means a person who isdeclared to be incompetent to manage hisassets by an order of the court;

(k) “inventory proceeding” means aproceeding to partition the inheritance of adeceased person or to obtain a formal orderof allotment of inheritance by the court;

(l) “legal or intestate succession” meansthe succession which takes place byoperation of law;

(m) “liabilities” include all debts,obligations, burdens and encumbrances;

(n) “matrimonial regime” means a systemof rules which govern the ownership andmanagement of the property of marriedpersons as between themselves andtowards third parties;

(o) “moiety holder” means a spouse whohas a right to moiety; and right to moiety isthe half-share which any of the spouses hasto the common assets of the couple or to thecommunity properties;

(p) “personal representative” includes anatural guardian, a guardian appointed bythe court and a guardian appointed byparties;

(q) “person under disability” means aperson declared by law or by the court asbeing incapable of managing his assets andincludes a minor, insane person, a deaf anddumb and an absent person;

(r) “prescribed” means prescribed byrules;

(s) “prodigal” means a person who ismajor in age but is a habitual spendthrift orhas extravagant habits and is adjudged bya court as being incapable of managing hisassets;

(t) “renunciation or repudiation ofheirship” means the relinquishment of theinheritance made by a person entitled toinherit by succession and to succeed;

(u) “right of accretion” means the right ofthe heirs or legatees to add to their sharesin the inheritance, the share of any co-heiror legatee;

(v) “right of representation” means theright conferred by law upon certainrelatives of a deceased person to succeedto all rights to which such a person wouldhave succeeded, if alive;

(w) “sortition” means the adjudication ofthe lots or the shares to the interested partiesby draw of lots;

(x) “Special head of the family” means thehead of the family restricted to certain assetsof inheritance, such as the donee whobrings the gifted assets into the mass of theinheritance and the co-heirs in lawfulpossession of certain assets of theinheritance prior to the opening ofsuccession;

(y) “Special Notary” means a Notary withspecial powers to draw, authenticdocuments such as (a) wills, (b) record ofprinted open wills, (c) instruments ofconsent to the will by the spouse of thetestator, (d) instruments of renunciation ofinheritance, (e) record of approval of theclosed wills, (f) ante nuptial agreements, (g)deeds of declaration of heirship, (h) adoptiondeeds and (i) such other acts which theSpecial Notary is authorized to perform bylaw;

(z) “to make a record” or “to draw arecord” means to draw up a written accountof an act or a series of acts under authorityof law by the Special Notary and designed



945

to furnish permanent authentic evidence ofthe matters to which it relates;

(za) “unknown heir” means a heir whoseidentity is not known.

PART II

SUCCESSION

CHAPTER I

Preliminary Provisions

3. Succession.— Succession is thetransmission of the estate of a deceased personin favour of his successors. Successor is theperson who is called to succeed to the juridicalrelations of the deceased person and uponwhom the assets and liabilities devolve.

4. Types of Succession.— (1) Succession maybe intestate or legal and testamentary.

(2) Testamentary succession is thesuccession which results from a will left bythe estate leaver and a testamentary heir is aheir instituted by a will. Contractualsuccession is illegal, except when expresslyauthorised by law.

(3) Intestate succession is either free orforced. Forced succession is the one which isreserved by law to the forced heirs and placesrestrictions on the freedom of the estate leaverto dispose of his estate.

5. Types of successors: Heirs and legatees.—(1) Heir is the person who inherits or succeedsto the totality of the estate of the estate leaveror to an undefined share thereof, withoutspecifying the assets constituting it, while alegatee is the one who succeeds to specificand determined assets.

(2) A person who succeeds to the remainderof the estate when the assets constituting theremainder are not determined, is a heir.

(3) An usufructuary is a legatee even if hebe entitled to the usufruct of the totality of theestate.

(4) The nomenclature used by the testator,if in contravention of the above provisions,shall not change the character of thesuccessor.

6. Inheritance.— Inheritance or successionof a deceased person comprises of all theproperties, rights and obligations which heleaves upon death. Personal rights which bytheir very nature or by operation of law,extinguish upon death of the title holder, donot form part of the inheritance.

7. Simultaneous death of the estate leaverand the successor.— If the estate leaver andthose who succeed him, either by virtue of awill or by operation of law, die simultaneouslyin the same accident or on the same day andit is not possible to ascertain who died the first,it shall be presumed that all died at the sametime and there will be no transmission of theinheritance or the legacy as between them.

CHAPTER II

Opening of the Inheritance, Competence to Succeedand Transmission of Ownership and Possession

8. Opening of the succession.— (1)Succession opens upon the death of the estateleaver.

(2) The place where the succession opensshall be determined as follows:—

(a) if the deceased had a permanentresidence in the State of Goa, the successionopens at the place of his permanentresidence;

(b) if the deceased did not have apermanent residence in the State of Goa, thesuccession opens where his immovableproperties are situated in the State of Goa.If his immovable properties are situated atdifferent places in the State of Goa, thesuccession opens where the major part ofthese properties are situated. Such majorpart is calculated on the basis of the valueof the properties. If the immovableproperties of the deceased are situatedpartly in the State of Goa and partly outsidethe State of Goa but within the country, thesuccession opens in the State of Goairrespective of the value of the properties;


946

(c) the succession of a person, who diedoutside the State of Goa, and did not have apermanent residence in the State of Goa nordid he own any immovable properties in theState of Goa but has movables in the Stateof Goa, opens at the place where the majorpart of the movable assets are located;

(d) Where the deceased did not have apermanent residence nor immovableproperties in the State of Goa, the successionopens at the place where he died in the Stateof Goa.

(3) The succession is universal and, subjectto the provisions of section 373, the successionof a deceased person to whom this Act isapplicable may be partitioned in Goa,wherever the properties, movable orimmoveable, are situated.

9. Competence to succeed.— (1) All persons,besides the State, who are born or conceivedat the time of the opening of the successionare competent to succeed, unless the lawprovides otherwise.

(2) In case of testamentary or contractualsuccession, the following are also competentto succeed:—

(a) Those conceived, who are to be born,children of a determined person who is livingat the time of the opening of succession;

(b) bodies having juridical personality.

10. Incompetence to succeed by reason ofunworthiness to succeed.— (1) The followingpersons shall be unworthy to succeed theestate leaver and are, consequently,incompetent to be his successors:—

(a) A person convicted for the commissionof murder of, or attempt to murder, theestate leaver or his spouse, descendant,ascendant, adopter or adoptee;

(b) A person convicted for defamation ofthe persons specified in the preceding clauseor for giving false evidence against the

aforementioned persons in relation to anoffence punishable with rigorousimprisonment for not less than two years,whatever it’s nature;

(c) A person who, by deceit or coercion,induced the estate leaver to make, revokeor modify a will, or obstructed him fromdoing so;

(d) A person who has fraudulently spiritedaway, concealed, destroyed or suppresseda will, before or after the death of the estateleaver, or has benefited himself by any of hisabovementioned acts.

(2) The conviction mentioned in clauses (a)and (b) of sub-section (1) may be subsequentto the opening of the inheritance but theoffence must have been committed before it.

However, when the institution of an heir orthe appointment of a legatee is subject to acondition precedent, the offence committedbefore the condition is fulfilled, shall be relevanttill the condition is fulfilled and shall have thesame consequences.

(3) Upon conviction as provided in clause(a) or (b) of sub-section (1) becoming final, theperson so convicted shall be unworthy ofsucceeding to the estate leaver.

(4) The suit for a declaration that the personis unworthy of succeeding to the estate leavermay be filed within 1 year from the date ofknowledge of the cause of unworthiness laiddown in clauses (c) and (d) of sub-section (1).

11. Consequence of declaration of un-worthiness to succeed.— (1) Once a person isdeclared as unworthy to succeed by a Courtor is unworthy of succeeding as provided insub-section (1) of section 10, the inheritanceis deemed not to have devolved on him, andsuch person shall, for all purposes beconsidered a person in malafide possession ofthe assets.

(2) In case of legal succession, theincompetence contemplated in sub-section (1)



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above does not affect the right ofrepresentation of his descendants.

12. Re-acquisition of competence tosucceed.— (1) A person unworthy to succeedre-acquires competence to succeed if theestate leaver expressly rehabilitates him by awill or a deed drawn before a Special Notary.

(2) Where the testator does not expresslyrehabilitate such person, but the testatorbenefits him in the will when he was fullyaware that he had given cause to be unworthyto succeed, the person may inherit within theparameters of the testamentary disposition.

13. When the ownership and possession istransmitted.— The ownership and possessionof the inheritance is transmitted to the heirs,whether testamentary or intestate, themoment the estate leaver dies.

CHAPTER III

Right to Partition the Inheritance

14. Partition by inventory.— An inheritancemay be partitioned by a mandatory inventoryor optional inventory as provided in sections366 and 367 respectively.

15. Partition by deed.— Where the heirs areof full age and none of them is under disabilityor is absent, they may, by consent, partitionthe inheritance by executing a deed of partitionunder the Registration Act, 1908 (Central Act16 of 1908), provided such deed of partition ispreceded by a deed of declaration of heirship.

16. Inheritance is indivisible till partition iseffected.— Where more than one person hasa claim to the inheritance, their rights shall beindivisible both in respect of ownership andpossession, till the partition is effected.

17. Consequences of transfer of specific assetof inheritance.— (1) A co-heir is not entitled todispose of any specific asset of the inheritanceor part of such an asset to a stranger until andunless the said asset or part thereof is allotted

to him in the partition. Any such transfer, ifmade, shall be inoperative and void.

(2) Where, however, a co-heir transfers hisundivided right to the inheritance to astranger, the transfer shall be subject to theright of pre emption.

18. Right of co-heir to claim the inheritancein its entirety.— Any heir may recover thewhole of the estate or part thereof inpossession of a third party or obtain aninjunction against such party under theprovisions of the Specific Relief Act, 1963(Central Act 47 of 1963) and the latter shall beprecluded from raising the plea that suchestate or part thereof does not solely belongto such co-heir.

19. Right to demand partition.— (1) Any ofthe co-heirs or the moiety holder has a right todemand partition of the inheritance.

(2) No co-heir or moiety holder mayrenounce the right to demand partition of theinheritance.

(3) However, the parties may agree to keepthe inheritance undivided for a certain periodnot exceeding 5 years.

20. Partition of assets of joint family.— Thepartition of the assets amongst members of ajoint family shall take place in accordance withthe provisions that govern partition amongstco-heirs.

CHAPTER IV

Acceptance and Renunciation of the Inheritance

21. Acceptance of inheritance.— Acceptanceof inheritance shall be unconditional.

22. Devolution of inheritance under differenttitles.— The person who renounces theinheritance which devolves on him by one titleis not, for that reason, debarred from acceptingthe inheritance which devolves on him byanother title.

23. Freedom to accept or renounce.— Theacceptance or renunciation of an inheritanceis an entirely voluntary and free act.


948

24. Nullity of restricted acceptance orrenunciation.— It is not lawful for a person toaccept or renounce an inheritance in part, orfor a certain time limit or conditionally.

25. Capacity to accept or renounce.— Anyperson who is capable of managing his assetsmay, lawfully accept or renounce theinheritance.

26. Acceptance or renunciation by one ofthe spouses only.— A married person is notentitled to accept or renounce an inheritancewithout written consent of the other spouse.The consent may be made good by an order ofthe Court.

27. Acceptance of inheritance left to a personunder disability.— The inheritance left to aminor or a person under other disability maybe accepted by those who represent him.

28. Acceptance or renunciation of inheritanceleft to a deaf and dumb person.— A deaf anddumb person, who is not under guardianshipand who knows to write, may accept orrenounce the inheritance, either personally orthrough a constituted attorney.

29. Form of acceptance.— (1) Theacceptance of inheritance is express or tacit.

(2) The acceptance is express when in anydocument the heir accepts the title or qualityof heir. The acceptance is tacit, when the heirdoes some act from which the intention toaccept has to be necessarily inferred or theact done is of such a nature that he could nothave done it otherwise than as an heir.

(3) However, acts done solely to preserveor to provisionally manage or safeguard theassets of the inheritance do not imply it’sacceptance.

30. Gratuitous transfer of inheritance orshare therein.— A gratuitous transfer ofinheritance or share therein in favour of all theco-heirs to whom it would have belonged inthe absence of the transfer, shall be deemedto be renunciation of the inheritance.

31. Consequences of Court decision declaringa person to be an heir.— A person who has

been declared to be an heir by an order ordecree of a Court that has become final or aperson against whom a decision has beenpassed expressly in that quality shall bedeemed to be an heir both in relation to thecreditors or the legatees who had been partiesto the case as also in relation to others.

32. Absence of consensus among heirs toaccept or renounce inheritance.— Where thereis no consensus amongst the heirs as towhether the inheritance should be renounced,some may accept it and others may renounceit.

33. Transmission of right to accept.— Wherethe heir dies without accepting or renouncingthe inheritance, the right to accept or renounceshall pass on to his heirs.

34. Indivisibility of renunciation.— (1) Theheir who has accepted the inheritance of theestate leaver may renounce the inheritancewhich the estate leaver had not accepted atthe time of his death.

(2) Renunciation of the inheritance of theestate leaver shall mean renunciation of allinheritances which would have otherwisedevolved on the estate leaver.

35. How renunciation is effected.— (1)Renunciation of an inheritance shall be madebefore the Court having jurisdiction over theplace where the succession opens or beforeany Special Notary.

(2) When made before the Court, it shall bedrawn in a book which shall have it’s pagesduly numbered, and initialled by the Court andwhen made by the Special Notary, it shall bedrawn in his respective Book. The deed orrecord of renunciation by the heir shall bewritten in indelible black ink in a clear andlegible handwriting.

(3) It is the duty of the court to inspect thebook once a year and record a certificate ofinspection on the page immediately followingthe last page used. The register shall be



949

maintained in the chronological order andshall be preserved as a permanent record ofthe court.

(4) When an heir renounces the inheritancethrough his attorney, the power of attorneyshall be also preserved in a separate filemaintained for the purpose and the page atwhich the power of attorney is placed shall bementioned at the bottom of the deed. The fileshall have an index of the powers of attorney.

(5) Where the renunciation is made throughan attorney, the original power of attorney withthe specific power to renounce shall bepreserved in the court or office of the SpecialNotary, as the case may be.

36. Consequences of renunciation.— (1)Where the person who is called to succeed,renounces the inheritance, he shall be deemedto have never been an heir. There is no rightof representation in this case. But therenunciation of the inheritance does notdeprive the person who has renounced of theright to receive the legacies which might havebeen bequeathed to him.

(2) The person called to succeed who isentitled to an inheritance under a will andintestate, and renounces it under the will ispresumed to have renounced also the intestateinheritance. But, if he renounces theinheritance as an intestate heir without havingknowledge of the will, he may accept theinheritance under the will, notwithstandingthe former renunciation.

37. Implications of renunciation ofdisposable share.— A renunciation of thedisposable share shall not imply renunciationof the mandatory share, unless it is expresslymade.

38. When acceptance may be challenged.—(1) No heir who has accepted the inheritancemay, thereafter challenge his acceptanceunless,—

(a) there was coercion or;

(b) he was induced to accept it by fraud;or

(c) more than half of the inheritance hasbeen bequeathed by will and the existenceof the will was not known to the heir at thetime of acceptance.

(2) The provisions of sub-section (1)(a)and (1)(b) shall be applicable torenunciation.

39. Subrogation by creditor.— Where an heirrenounces the inheritance to the detriment ofhis creditors, the latter may apply to the courtfor authorising them to accept it in lieu and onbehalf of the debtor-heir, but after the creditorsare paid, the remainder of the inheritance shallgo to the other succeeding heirs and not tothe heir who had renounced it.

40. Prohibition to renounce.— No person ispermitted to renounce, whether in the ante-nuptial agreement or otherwise, the right toany future inheritance or to alienate or createa charge on the rights which he mayeventually have to any inheritance.

41. Retroactivity of acceptance orrenunciation.— Acceptance or renunciationof the inheritance has retrospective effect fromthe date of the opening of the inheritance.

42. Inheritance at abeyance.— Theinheritance is at abeyance when theinheritance has neither been accepted nor hasit been declared vacant.

43. Temporary management.— (1) Theperson who is called to succeed is notdebarred, even if he has not yet accepted orrenounced the inheritance, from taking stepsto manage the assets when delay may causeinjury.

(2) Where several persons are called tosucceed, it is lawful for any of them to performacts of management; but if there is objectionfrom another, the vote of the majority shallprevail.


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44. Notice to accept or renounce theinheritance.— (1) When a person called tosucceed is known and he neither accepts norrenounces the inheritance, the court havingjurisdiction over the place of permanentresidence of the heir, may, on application froman interested party, cause a notice to be servedon him calling upon him to either accept orrenounce the inheritance within suchreasonable time, not exceeding 60 days, asmay be fixed by the Court.

(2) When no statement of acceptance ismade nor is any document renouncing theinheritance produced, the inheritance shall bedeemed to have been accepted.

(3) If the heir renounces the inheritance,then, without prejudice to the provisions ofsub-sections (4) to (6), the next immediateheirs shall be notified and so on, successively,till no person comes forward to claim theinheritance over the estate.

(4) The creditors of the heir who renouncesthe inheritance may accept it when it isnecessary to safeguard and guarantee therights of the creditors. The creditors who aresubject to a condition precedent or to aspecified period may exercise such right whenthere is just apprehension that waiting for thefulfillment of the condition or for the debt tofall due, is likely to cause them prejudice.

(5) Such creditors have to accept theinheritance within six months from the date ofknowledge of the renunciation.

(6) The court shall notify the debtor that thecreditors have accepted the inheritance. Theacceptance by one creditor enures to thebenefit of all creditors.

(7) Upon the creditors of the heir who hasrenounced the inheritance being paid, theremainder shall devolve on the next immediateheirs, and not on such debtor.

CHAPTER V


45. Liabilities of the inheritance.— Theliabilities of inheritance shall be satisfied in thefollowing order of priority:—

(1) the funeral and other expenses towardslast rites and religious services for the soul ofthe estate leaver;

(2) to meet the burden of the executorshipsand management;

(3) towards the payment of the debts ofthe deceased for the satisfaction of thelegacies.

46. Order of priorities.— The creditors of theinheritance and the legatees have priority overthe personal creditors of the heir and thecreditors of the inheritance have priority overthe legatees.

47. Liability of the usufructuary.— (1) Theusufructuary of the entire inheritance of thedeceased or of a share thereof may advancethe sums required, according to the assets heenjoys, to meet the burdens of the inheritance,but he retains the right to recover from theheirs, at the end of the usufruct the sumsadvanced.

(2) If the usufructuary does not advance theamounts required, the heirs may demand thatsuch of the assets enjoyed by the usufructuary,as may be necessary, be sold to meet theliability, or they themselves may pay theliability and, in this event, they shall have theright to demand interest from the usufructuaryat the rate of 8% per annum.

48. Legacy of maintenance or lifetimepension.— (1) The usufructuary of theentire inheritance of the deceased is boundto satisfy fully the legacy for maintenanceor lifetime pension annuity or monthlyallowance.

(2) Where the usufruct is in respect of ashare of the estate, the usufructuary is boundto contribute only in proportion to his sharefor the satisfaction of the legacy formaintenance or lifetime pension annuity ormonthly allowance.

(3) The usufructuary of specified assets isnot bound to contribute for the aforementioned



951

maintenance or lifetime pension annuity ifsuch burden is not imposed on him expressly.

49. Rights and duties of the heirs in respectof the inheritance.— (1) The heir shall retain,as against the inheritance, till partition, all therights and obligations vis-a-vis the deceased,with the exception of those that getextinguished upon the death of the latter.

(2) The amount of money which the heirowes to the inheritance is to be set off againsthis share.

(3) Where it is necessary to adjudicate onthe rights and duties of the heir and he is thehead of the family, an administrator shall beappointed to manage the inheritance.

50. Bonafide satisfaction of the legacies.—If a will is declared null or is annulled after thesatisfaction of the legacies made in good faith,the presumptive heir is discharged of hisobligation towards the true heir, by handingover the remainder of the inheritance to thetrue heir, without prejudice to the rights of thelatter against the legatees.

CHAPTER VI

Legal Succession

51. When legal succession takes place andits extent.— Where any person dies withoutmaking a disposition of his assets or making adisposition of only a part thereof or, havingmade a will, the will is annulled, revoked,reduced or it lapses, his legal heirs shall inheritthe assets or the part thereof.

52. Order of legal succession.— (1) The legalsuccession shall devolve in the followingorder:—

(i) on the descendants;

(ii) on the ascendants, subject to theprovisions of sub-section (2) of section 72;

(iii) on the brothers and theirdescendants;

(iv) on the surviving spouse;

(v) on the collaterals not comprised inclause (iii) upto the 6th degree;

(vi) on the State, provided that, in theabsence of testamentary or intestate heirof a beneficial owner or of an emphyteusis,the property shall revert to the directowner.

(2) In respect of persons referred to inclauses (i), (ii) and (iii) of sub-section (1), theagricultural produce or fruits, gathered orgrowing, meant and necessary for themaintenance of the couple shall be deemed tobe the personal property of the survivingspouse, provided that on the date of theopening of the inheritance there is no suit fordivorce or separation of persons andproperties, pending or decreed.

53. Proximity of degree.— Within each groupreferred to in section 52, the relative closer indegree shall exclude the more remote, unlessthe law has conferred on the latter the right ofrepresentation.

54. Succession per capita.— The relativeswho are in the same degree shall inherit percapita or in equal proportion subject to theprovisions of section 63.

55. Accretion upon renunciation of the

inheritance.— Where the nearer relatives

renounce the inheritance, or are incapable of

succeeding, the said inheritance shall devolve

on the relatives of the next degree; but where

only some of the co-heirs renounce their

shares, such shares shall be added to the

shares of the other co-heirs within the same

group.

56. Degree and lines of kinship.— Eachgeneration constitutes a degree and a seriesof degrees constitute a line of kinship.

57. Direct and collateral line.— The line ofkinship is either direct or collateral; the directline is constituted by a series of degrees


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between persons who descend one from theother; the collateral line is constituted by aseries of degrees between persons who do notdescend one from the other, though theydescend from a common progenitor.

58. Types of direct line of kinship.— Thedirect line is either descending or ascending;descending, when it is considered asproceeding from the progenitor to the progeny;ascending when it is considered asproceeding from the progeny to the progenitor.

59. How degrees are counted in the directline.— In the direct line, the degrees arecounted by the number of the generations,excluding the progenitor.

60. How degrees are counted in the collateralline.— In the collateral line, the degrees arecounted by the number of generations,ascending by one of the lines to the progenitorand descending by the other line, withoutcounting the progenitor.

61. Incapacity to inherit by legal succession.—The persons incapable of acquiring by will areincompetent to acquire by legal succession.

62. Extent of Incapacity.— The incapacityof the heir ceases with him. His children anddescendants, if any, succeed as if the personincapable of succeeding had died without anyincapacity.

CHAPTER VII

Right to Representation

63. Right of representation.— The right ofrepresentation arises when the law designatescertain relatives of the deceased person whosucceed to all the rights to which such personwould have succeeded, if alive.

64. Representation in the direct line.— Theright of representation takes place always inthe direct descending line but never in theascending line.

65. Representation in the collateral line.—In the collateral line, the right of representation

takes place in favour of the descendants of thebrothers and sisters of the deceased.

66. Right of the representatives.— Therepresentatives inherit only what the personrepresented would have inherited, if alive.

67. Joint representatives.— If there beseveral representatives of the same person,they shall share equally among them whatwould belong to the person represented, ifalive.

CHAPTER VIII

Order of Succession

Succession of Descendants//Ascendants

68. Succession of children and theirdescendants.— Children and theirdescendants succeed to their respectiveparents and other ascendants, withoutdistinction of sex or age.

69. When filiation is disputed.— (1) Where,in a proceeding for partition of an inheritance,the filiation is disputed and it is not proved bydocumentary evidence, such party will haveto institute a suit for declaration.

(2) No proceeding for partition of aninheritance shall be stayed pending the finaldisposal of such suit.

(3) Where the party succeeds in the suit, heshall, on his application, be impleaded in theinventory proceeding and participate in theproceeding from the stage it has reached or,where the partition in such proceeding hasbeen homologated, he shall have his sharesettled in money as provided in section 449.

70. Succession per capita.— Where all thedescendants are of the first degree, they shallsucceed per capita and the inheritance shallbe divided into as many shares as the numberof heirs.

71. Succession per stirpes.— Where all orsome of the heirs have a claim by virtue of theright of representation, they shall succeed per



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stirpes or by forming branches amongstwhom the inheritance shall be distributed andsub-divided into branches where there is morethan one heir. The rule of equality shall beobserved both in the division and in thesub-division.

Succession of Ascendants

72. Succession of parents.— (1) Where aperson dies without descendants, his fatherand mother shall succeed to him in equalshares or to the entire inheritance where onlyone of them is living.

(2) However, if there are full blood brothersor sisters of a predeceased child ordescendants of the deceased full bloodbrothers or sisters of such child, the father orthe mother who has married again does notinherit the assets which the predeceased childhad inherited from the other progenitor or fromhis other ascendants but only the usufructthereof.

(3) Where the parents have acknowledgedthat they are the parents of a child during thelifetime of the child, and the child dies withoutissue, the inheritance shall devolve upon hisparents or one of them, as the case may be;where, in the circumstances mentioned above,such child dies without issue but leaving asurviving spouse, the surviving spouse shallhave the right to usufruct of half of theinheritance.

Succession of Ascendants of the Second Degree

73. Succession of grandparents and otherascendants.— In default of parents, theinheritance of the deceased shall devolve onthe ascendants of the second degree and indefault of ascendants of the second degree, itshall devolve on the ascendants of the nextdegree, and so on.

74. Division per capita: Ascendants in thesame degree.— Where the survivingascendants are of the same degree, theinheritance shall be divided amongst them inequal shares, irrespective of whether theybelong to the paternal or maternal line.

75. When ascendants are not in the samedegree.— Where the ascendants are not in thesame degree, the inheritance shall devolve onthe nearest one, without distinction of the line.

Succession of Brothers, Sisters and theirDescrendants

76. Succession of brothers, sisters and theirdescendants.— In default of descendents andascendants and where the estate leaver hasnot disposed off his assets, his brothers, sistersand, in a representative capacity, theirdescendants, shall inherit the assets. However,the surviving spouse shall be the usufructuaryof the estate of the deceased spouseirrespective of their matrimonial regime, if atthe time of the death of the latter they werenot divorced or there was no judicialseparation by a decision that had becomefinal.

Succession of Surviving Spouse and of theCollaterals

77. Succession of surviving spouse.— In

default of descendants, ascendants, brothers,

sisters and their descendants, the surviving

spouse shall succeed, provided that at the time

of the death of the other spouse, they were not

divorced or there had been no judicial

separation of spouses and assets by a decision

which had become final.

78. Collaterals other then brothers, sisters

and their descendants.— Where the deceased

is not survived by any of the persons

mentioned in clauses (i), (ii), (iii) and (iv) of

sub-section (1) of section 52 and has not

disposed off his assets, it shall be inherited by

the collaterals other then brothers, sisters and

their descendants till the 6th degree.

Succession of the State

79. Succession of the State.— In default of

all testamentary or legal heirs, the State shall

succeed.

80. Rights and duties of the State.— The

rights and obligations of the State in respect


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of the inheritance shall be the same as thoseof any other heir.

81. Prior court order.— The State shall nottake possession of any inheritance withoutprior decision of the court declaring it’s rightsthereto.

CHAPTER IX

Preferential right of the Spouse

82. Preferential right of habitation and useof surviving spouse.— (1) The survivingspouse of the estate leaver shall have the rightto exclusive habitation of the residential houseof the family and the right to use the movablesand other objects or utensils intended for thecomfort, service and decoration of the house.If such claim is made, the value of the right tohabitation and use shall be determined andthe surviving spouse shall pay owelty to theheirs if the value of right of habitation and useexceeds the value of her moiety and share, ifany.

(2) The person having right to habitation anduse is bound to use the property as a prudentman would use.

(3) If the surviving spouse fails to inhabit thehouse for a period of one year, the right shallcease.

(4) At the request of the owner of the house,the court may, if it deems just to do so, requirethe surviving spouse to give such security asfound necessary.

CHAPTER X

Mandatory Succession, Collation and Reduction

83. Disposable portion.— The portion whichthe testator may freely dispose off shall becalled the disposable portion and it shallconsist of half of the estate of the estate leaver,except as provided hereunder:—

(a) Legitime of the parents: Where theestate leaver has no children or descendantsat the time of his death but either his motheror father is alive, the legitime of the

surviving parents shall consist of half of theinheritance.

(b) Legitime of other ascendants: Wherethe estate leaver has at the time of his deathascendants other than the father or mother,their legitime shall consist of one third ofthe inheritance.

84. Restrictions on transfer by parents, orgrandparents.— Parents or grandparents shallhave no right to sell or mortgage their assetsto their children or grandchildren unless theremaining children or grandchildren and theirspouses give their consent thereto in writing.

85. Disposition of specific usufruct or lifetimeannuity.— Where the testator bequeaths aspecific usufruct or a lifetime annuity and thevalue of such usufruct or lifetime pensionannuity exceeds in value his disposableportion, the forced heirs may give effect to thelegacy or deliver to the legatee the disposableportion only.

86. Inofficious dispositions.— Dispositionsby the estate leaver by gift or will whichexhaust the disposable portion and impair themandatory share of the forced heirs shall becalled inofficious dispositions.

87. Right of forced heir to claim reduction.—Where the estate leaver has gifted or disposedoff by will assets in excess of his disposableportion, the forced heirs may apply that thegif t or the testamentary disposition bereduced.

88. Renunciation of right to claimreduction.— No person shall during thelifetime of the estate leaver renounce his rightto have the gift or will reduced.

89. Computation of disposable portion.— (1)For the purposes of reduction of inofficiousgifts or wills, the computation of the disposableportion shall be made as follows:—

(a) the values of all the assets left by theestate leaver on the date of his death, shallbe added;



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(b) thereupon, the value of the assetsgifted by the estate leaver during his lifetimeshall be added;

(c) and thereafter, the debts of the estateleaver shall be deducted.

The disposable portion shall be calculatedtaking into account the total sum.

(2) The value of the gifted assets shall bethe value they had on the date of the openingof the inheritance, and this date shall beconsidered for computation of the disposableportion.

Where the thing gifted has perished for nofault of the donee, the gifted thing shall not beincluded in the inheritance for the purpose ofcomputation of the legitime, unless otherwiseprovided.

Rules Relating to Collation

90. Collation.— When the gift made infavour of the forced heir impairs the mandatoryshare of the other forced heirs, the donee shallbe bound to restore the excess to the mass ofinheritance for the purposes of reconstitutingthe mandatory share and equalization ofpartition. Such return is called collation.

91. Exemption from collation. — (1) Forcedheirs may be exempted from collation if thedonor so states expressly or if the doneerenounces the inheritance. Nevertheless, theother heirs have the right to obtain reductionof the gift, if the gift is inofficious.

(2) Where the forced heir is exempted fromcollation, it shall be deemed that the donorintended that the gift be reckoned in thedisposable portion.

92. When is a gift deemed an advancementof the legitime.— Where the donor makes agift in favour of his forced heirs without statingthat it shall be reckoned in the disposableshare, such gift shall be deemed to be anadvancement of the future legitime or partthereof.

93. Collation by grandchildren.— When thegrandchildren succeed to the grandparents asrepresentatives of their parents, they are boundto collate whatever their parents would haveto collate, notwithstanding that thegrandchildren have not inherited from theparents.

94. When parents are not bound to collate.—Parents are not bound to collate to theinheritance of their ascendants what wasgifted by the latter to their children nor arethe children bound to collate what was giftedto them during the lifetime of their parents, incase they succeed to them by virtue of the rightof representation.

95. Ascendants duty to collate.— Theascendants who claim the inheritance of thedescendant donor are not bound to collate.

96. Spouses of children not bound to collate.—The gifts made by the parents to the spouse oftheir son or daughter are not subject tocollation, but when they are made jointly toboth the spouses, the son or the daughter, asthe case may be, shall be liable to collate tothe inheritance his or her respective half ofthe value of the gifted assets.

97. Expenses to be collated.— (1) All theexpenses which the deceased has made infavour of his children, whether by way of higherstudies or for settling them in life or paymentof their debts, shall be collated.

(2) But in the computation of such expenses,ordinary expenses which the parents arebound to incur, are not to be taken into accountand the parents may dispense with collationprovided the expenses do not exceed thedisposable portion.

(3) The money which the children havespent to the benefit of their parents or given tothem without being by way of gift, shall bededucted from the amounts to be collated.

(4) Where the deceased has made expensesin favour of his children for settling them inlife or for payment of their debts, which have


956

to be collated or where a co-heir has doneimprovements to the assets with the writtenconsent of the other co-heirs, the value of theexpenses or improvements shall be calculatedtaking into account the changes in the cost ofliving or the value of currency.

(5) Sums spent towards maintenance, andremuneratory gifts for services rendered, orgifts made to compensate the children for anyproperties embezzled by their parents, shallnot be subject to collation.

98. Collation of fruits and profits of giftedthings.— The fruits and profits of the thingsgifted shall be computed from the date of theopening of the inheritance, for the purpose ofcollation.

99. How collation is done.— (1) The collationshall be made in money, based on the value ofthe things as assessed at the time of theopening of the inheritance, unless the partiesagree that the collation be done in kind.

(2) The value of the improvements made tothe gifted properties by the donee, shall beassessed with reference to the date of theopening of the inheritance and it shall bededucted from the value of things gifted.

(3) The deterioration or reduction in valueof the things gifted will not be taken intoaccount, where the donee or hisrepresentatives are responsible for theirdeterioration and diminution in value, byreason of an act committed by them or byreason of their negligence.

(4) When collating, livestock, fungibles orconsumable things or things subject to wearand tear, the condition in which they were,when possession was delivered to the donee,shall be taken into consideration. Whenrestituting securities which are not inpossession of the donee, the value they hadat the time of the alienation shall be takeninto account, if it is higher than the value theyhad at the time of the opening of theinheritance.

100. Where the value of the gifted assetsexceeds the value of donee’s share in theinheritance.— Where the value of the giftedproperties exceeds the donee’s share in theinheritance, the excess shall be returned inkind. The donee shall have the right to choosefrom amongst the gifted properties those thatare necessary to make up his share in theinheritance and the encumbrances on the gift.The donee does not have the right to take partin the licitation of the properties, which he hasto return to the other co-heirs. In case,amongst the gifted properties, there is anyproperty which is physically indivisible andwhich in its totality does not fit in the share ofthe donee, it shall be collated in kind and thedonee shall be entitled to take part in thelicitation, subject to the provision of section427.

101. On payments made.— Payments madeby the donee, payments of the debts of thedonor or payments of the encumbrances infavour of third parties, including the paymentto any co-heirs on account of their share in thevalue of the gifted properties, shall be updatedwith reference to the official index of inflation.The provision is applicable to collations andgifts, made in cash.

102. Family arrangement.— A gift inter vivosby a married couple, with or without thereservation of usufruct and with the writtenconsent of all the presumed forced heirs, oftheir assets or a part thereof to any one or moreof the presumed forced heirs, where thedonees compensate or undertake tocompensate the presumed forced heirs of theirfuture mandatory share, is valid and shall notbe deemed to be a contractual succession.Any change in the value of the assets at thetime of the opening of the inheritance shall, inthese cases, be irrelevant.

The owelty money, if not paid immediately,shall carry interest at the rate of 8% per annum.

103. Gift of community assets.— (1) Whencommunity assets are gifted by both thespouses, on the death of one of them the



957

respective half only shall be brought forcollation and on the death of the other spouse,the other half shall be brought for collation. Ifthe assets gifted are exclusive assets of eitherof the spouses, such assets shall be broughtfor collation, upon the death of the respectivespouse.

(2) Once valuation of the community assets,which have not been gifted, is made, the samevaluation is valid for the second partition,having regard to the official index of inflation.

(3) When a single judicial partition is madeupon the death of both the donor spouses, thecommunity assets gifted shall be valued onlyonce with reference to their value at the timeof the opening of the inheritance of the donorwho has predeceased. This value shall becorrected as regards the second inheritance,if need be, taking into account the official indexof inflation between the dates of the openingof the respective inheritance.

104. How the shares of co-heirs are to bepaid.— (1) The shares of co-heirs of the doneeshall be filled up, as far as possible, with assetsof the same nature and kind, as those gifted tothe donee.

(2) Where the gifted assets areimmovables, and if it is not possible to fill upthe shares of the co-heirs in the aforesaidmanner, the said co-heirs shall becompensated in money. If there be no funds inthe inheritance, as many properties as may benecessary to fetch the required amount, shallbe sold in public auction. If the assets aremovable, the co-heirs shall be compensatedwith other movables, having regard to theirfair value.

105. When the value of the assets giftedexceeds the legitime of the donee.— When thevalue of the assets gifted exceeds the legitimeof the donee, the excess shall be computed inthe disposable portion of the donor. If despitesuch computation, the legitime and thedisposable portion are exceeded, the doneeshall be liable to bring the excess into theestate.

106. Where there are several donees.—Where there are several donees, and thedisposable portion is not sufficient to satisfyall the donees, the provisions of sections 113and 114, shall be followed.

107. Dispute as regards obligation tocollate.— Where there is a dispute betweenthe co-heirs regarding the obligation to collateor over the subject of collation and the disputecannot be decided in the inventory, theinventory proceeding shall not be stayed onthat ground and the person bound to collate,shall furnish security in respect of theproperties gifted to him till the dispute isdecided by a competent court.

108. Assets which devolve in a preferentialmanner.— (1) The successor of any assets,which are not subject to partition, and whichdevolve in a preferential manner, is bound tocollate such improvements which haveincreased the value of the assets.

(2) Where the assets which are not subjectto partition and which are to devolve in apreferential manner have been acquired for avaluable consideration, the price of theacquisition or their value, shall be collated, atthe option of the successor.

109. Duty to collate is a charge in rem.— Theduty to collate constitutes a charge in rem onthe gifted immovable properties.

110. Reduction of legacy or gift.— (1) Wherethe legacy or the gift impairs the legitime ofthe forced heirs, the legacy or gift may bereduced for inofficiousness to the extentnecessary to make up the legitime.

(2) For the purpose of determining whetherthere is inofficiousness, the disposable shareshall be computed as provided in section 89.

111. Order of reduction.— Where inofficiousgifts have been made, gifts mortis causa orlegacies shall be reduced first and the giftinter vivos shall be reduced only whenlegacies are not sufficient to make up thelegitime of the forced heirs.


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112. Partial reduction.— Where a partialreduction of the legacies is sufficient to makeup the legitime of the forced heirs, the legaciesshall be reduced pro rata, amongst thelegatees, unless the testator has in his willstated that any one of the legatees shall beexempted from reduction or which shall be theorder of reduction.

113. Reduction of gifts inter vivos.— Wheregifts inter vivos are to be reduced, the last shallbe reduced first in its totality or in part, andwhen the last gift is not sufficient to make upthe legitime, the next immediate shall bereduced and so on.

114. Pro rata reduction.— Where severalgifts are made in the same gift deed or on thesame day, the gifts shall be reduced pro rata.

115. Reduction in respect of movables.—When the gift consists of movables, their valueat the time the gift was made shall be takeninto account for the purpose of reduction andthe provisions of sub-sections (3) and (4) ofsection 99 shall be applicable.

116. Reduction of gifts of immovables.— (1)When the gift consists of immovables, theyshall be reduced in specie, and the provisionsof sub-sections (3) and (4) of section 99 shallbe applicable.

(2) For the purpose of reduction, their valueshall be computed as on the date the reductionis made, and neither the increase in the valueresulting from the improvements made by thedonee nor the decrease of such value arisingfrom deteriorations imputable to the samedonee shall be included therein.

117. When immovable cannot be divided.—Where any immovable is not susceptible todivision without detriment:

(a) when the amount of reduction exceedshalf of the value, the donee shall have theremainder in cash; and

(b) when the reduction does not exceedthe said half, the donee shall return theamount of the reduction.

118. When the donee may retain the giftedproperty. — Where the donee is also a co-heir,he may retain the gifted property, if the valueof such immovable does not exceed the valueof the legitime of the co-heir added to the valueof the reduced gift.

Otherwise, the donee shall return the giftedproperty to the inheritance, and he shall bepaid off for the legitime and the reduced giftin accordance with the general rules ofpartition.

119. When immovable properties are not inpossession of the donee.— Where theimmovable properties are not in possession ofthe donee at the time of the reduction orrevocation, he shall be liable for its value atthe time of the opening of the inheritance. Ifthe donee has alienated the gifted assets, heshall have to compensate in cash and if thedonee has mortgaged the gifted assets, theheir to whom such assets have been allottedshall be entitled to redeem the mortgage andclaim the amount of redemption including theexpenses incurred in that regard from suchdonee.

120. When the donee is insolvent.— Wherethe gift consists of movables and the donee isinsolvent, the parties may claim from theimmediate transferees, if the transfer was donegratuitously and the right is not extinguishedby prescription, the value of such movables atthe time of the acquisition.

121. Fruits and profits in the event ofreduction.— The donee affected by reductionis liable for the fruits and profits only from thedate of demand. However, if the donee is aco-heir, he is liable from the date of the deathof the donor.

CHAPTER XI

Testamentary Succession

122. Institution of heir.— One or morepersons may be instituted as heirs and evenwhere the testator has left them shares in theinheritance in a certain proportion, they shallnevertheless be considered as heirs.



959

123. Liability of the heirs.— The heir is liableto pay the debts and satisfy the legacies withinthe resources of the inheritance.

124. Liability of the legatee.— The legateeis not liable for the encumbrances of the legacybeyond the resources of the legacy.

125. Apportionment of liabilities whereinheritance is distributed by way of legaciesonly.— (1) Where the inheritance has beenentirely distributed by way of legacies, thedebts and encumbrances shall be distributedamong the legatees in proportion to theirlegacies, unless the testator has givendirections to the contrary.

(2) Where the assets of the inheritance arenot sufficient to pay the legacies, the same shallbe paid pro rata, except for remuneratorylegacies which are considered to be debts ofthe inheritance.

126. Specific sum or thing bequeathed.—Where the testator has bequeathed a specificsum of money only or a specified thing ora determined part of the inheritance,the disposition shall be considered to be alegacy.

127. Institution of heirs collectively.— Wherethe testator institutes certain heirs individuallyand others collectively and says, for instance,“I institute as my heirs Peter and Paul and thechildren of Francis”, those who are collectivelyinstituted shall be considered to be appointedheirs individually.

128. Brothers or sisters generally institutedas heirs.— Where the testator institutes hisbrothers or sisters in general as heirs and hehas full blood, consanguineous or uterinebrothers or sisters, the succession shall beconsidered intestate.

129. Institution of certain person and hischildren.— Where the testator institutes acertain person and his children as heirs, theyshall be considered to have been appointedheirs simultaneously and not successively.

130. Right to be compensated formanagement of inheritance distributed by wayof legacies.— The heir, who has managed theinheritance which has been distributed byway of legacies, shall be entitled to becompensated by the legatees for the expenseswhich he has incurred towards the legacies.

131. Legacy of a thing subsequentlyacquired.— Where the bequeathed thing,which did not belong to the testator at the timehe made the will, subsequently comes tobelong to him under any title, the bequest shalltake effect as if such thing belonged to thetestator at the time the will was made.

132. Legacy of a thing belonging to the heiror legatee.— Where the testator directs thatthe heir or the legatee shall give to anotherperson a thing belonging to one of them, heshall be bound to carry out the disposition orgive the value of the thing, if he does not chooseto relinquish the inheritance or the legacy.

133. Legacy of a thing which belongs onlyin part to the testator or to his successors.—Where the testator, the heir, or the legatee, isthe owner of a part only of the bequeathedthing or has a limited right only to thebequeathed thing, the bequest shall takeeffect only to the extent of such part or of suchright.

134. Restraint on marriage.— (1) Thecondition which prohibits the heir or thelegatee from getting married, or fromremaining unmarried, except when the sameis imposed on a widow or widower havingchildren, by the deceased spouse or by his orher descendants or ascendants and so also thecondition which compels him to takepriesthood vows or to take or not to take acertain and specified profession, shall bedeemed inexistent.

(2) The provisions of sub-section (1) shall notbe applicable to testamentary dispositionwhich limits the duration of the benefits for theperiod during which the heir or legatee holdsa particular status, namely, bachelorhood,widowhood, or married status.


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135. Condition to reciprocate.— Thedisposition made on condition that the heir orlegatee shall also make in his will a dispositionin favour of the testator or of another person,shall be null and void.

136. Deferred execution of the disposition.—The condition which suspends the operationof the disposition for a certain period, shall notbe a bar for the heir or legatee to acquire rightto the inheritance or to the legacy and totransmit it to his heirs.

137. Ineffective dispositions.— The legaciesshall not take effect:—

(a) if the testator alienates the bequeathedthing; or.

(b) when the bequeathed thing is resextra-commercium; or

(c) when the testator transforms thebequeathed thing in such a way that it doesnot have either its original form or itsdenomination; or

(d) where the testator has beendispossessed of the bequeathed thing by aperson having a lawful title thereto or it hasbeen wholly destroyed during the lifetimeof the testator and the heir is not responsibletherefore.

138. Legacy in the alternative.— (1) Wherea legacy is in the alternative, that is, the testatormakes a bequest of one of two or more thingsand one of them is destroyed, the existing thingor things shall be delivered to the legatee.

(2) Where only a part of the thing isdestroyed, the remainder shall be delivered.

139. Indivisibility of the disposition.— Thelegatee is not entitled to accept a part of thelegacy only and relinquish the other part;neither is the legatee entitled to relinquish anonerous legacy and accept the one which isnot onerous.

However, the heir, who is at the same timea legatee, may relinquish the inheritance andaccept the legacy and vice versa.

140. Supervenience of descendants.— (1) Thewill made by a person who did not havechildren at the time of making it or did not knowthat he had children, lapses in the event ofsupervenience of children or otherdescendants.

(2) A legacy does not lapse in any of thecases mentioned above but it may be reducedas inofficious in accordance with section 110.

141. Effect of supervenient childrenpredeceasing.— Where the supervenientchildren die before the testator, the dispositionshall take effect unless revoked by the testator.

142. Legacy of a pledged thing.— Where thebequeathed thing is pledged, it shall beredeemed at the expense of the inheritance.

143. Legacy of thing ascertainable at theplace where found.— The legacy of a thing ora quantity which is to be received at a fixedplace, shall take effect only to the extent of theportion that is found at that place.

144. Legacy of debt not fallen due.— (1)Where the testator bequeaths a certain thingor a certain amount as a debt owed by him tothe legatee, the legacy shall be valid,notwithstanding that the amount or thing wasnot really due, unless the legatee wasincompetent to receive it as a gift.

(2) If a debt is to fall due only after a certainperiod, the legatee is not bound to wait for theexpiry of the period to demand its payment.However, the legacy will not take effect if thetestator, who was a debtor at the time ofmaking of the will, has paid the debtsubsequently.

145. Legacy made to the creditor oftestator.— (1) Where the testator makes abequest to the creditor without making anyreference to the debt of the testator, the legacyshall not deemed to have been made inpayment of debt.

(2) Where the testator bequeaths anyoutstanding debt due to him, whether



961

recoverable from a third party or from thelegatee himself, or discharges the legatee ofthe debts, the heir shall carry out the bequestby handing over to the legatee the respectiveinstrument, if any.

(3) Where it is proved that the debt due tothe testator has been paid, wholly or in part,the legatee may demand from the heir theequivalent of the debt or of the part paid; butwhen the extinguishment of the debt resultsfrom any other cause, he shall not be entitledto make any demand to obtain its payment.

146. Unconditional legacy.— Anunconditional legacy confers on the legatee atransferable right from the date of the testator’sdeath.

147. Choice of legacy of a generic thing.—(1) Where the testator makes a bequest of anunspecified thing comprised in other thingsof the same kind, the selection of such thingshall be made by the person who has to handit over from amongst the things having similarqualities.

(2) Where the right to select is by an expressdisposition of the testator given to the legatee,he shall in his discretion select from amongstthe things of the same kind.

But where things of the same kind do notexist in inheritance, it is the heir who shallselect the thing to be given to the legatee andsuch thing shall be of similar value or quality.

148. Heir’s right to select.— Where thelegacy is in the alternative and the right toselect has not been expressly conferred on thelegatee, the heir shall have the right to select.

149. Transmission of right to choose.—Where the heir or legatee who has the right toselect, has not made such selection during hislifetime, such right shall devolve on to theheirs. Once the selection is made, it shall beirrevocable.

150. Legacy for maintenance.— (1) Where alegacy is given for the maintenance of alegatee, the legacy shall include food, clothing

and lodging and, when the legatee is below18 years of age, it shall also include education,unless otherwise provided in the will.

(2) The maintenance given for educationmay be reduced in the event the ability to giveor the need to receive, is reduced.

151. Legacy of house with things existingin it.— Where a house with all things foundtherein is bequeathed, the bequest shall notinclude debts due to the inheritancenotwithstanding the fact that the instrumentsand documents relating to such outstandingdebts due to the testator, are found in thehouse.

152. Legacy of usufruct.— A legacy ofusufruct without fixing the period of itsduration shall be construed to have been madefor the lifetime of the legatee and where suchlegatee is a body with perpetual succession,the legacy shall be construed to have beenmade for a period of thirty years only.

153. Legacy to minor.— A legacy to a minorwhich is to be received by him after he attainsmajority, cannot be demanded by him beforehe attains majority.

154. Legacy for charitable purposes.— Alegacy left for charitable purposes shall beconstrued to have been made for the purposeof welfare and charity, unless otherwiseprovided in the will.

155. Mistake as to object or subject of thelegacy.— The mistake of the testator in respectof the object or the subject of the legacy shallnot render the legacy void, if it is possible toascertain clearly what was the intention of thetestator.

156. Delivery of legacy.— (1) Where thelegatee is not in possession of the bequeathedthing, he shall call upon the heirs to give effectto the legacy.

(2) When the heirs delay in taking charge ofthe inheritance, the legatee may causesummons to be served on them to accept orrenounce the inheritance.


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(3) Where the heirs renounce theinheritance, the legatees may apply that acurator be appointed for the inheritance anddemand the delivery of the legacy from theappointed curator.

(4) Where the legacy is an encumbranceon another legacy, the legatee of theencumbrance shall demand the legacy fromthe latter.

157. Duty to carry out the will.— (1) Wherethe entire inheritance has been distributed byway of legacies and the testator has notappointed an executor, the legatee who is themost benefited shall be deemed to be theexecutor.

(2) Where there be more than one legateein similar circumstances, such legatees shallchoose one of them to be the executor.

(3) When there is no agreement betweenthe legatees, or when any of such legatees isa minor, absent person or under interdiction,the executor shall be appointed by the court.

158. Fruits and income of legacy.— Unlessthe testator has provided otherwise, thelegatee is entitled to the fruits and profits ofthe bequeathed thing right from the date ofthe death of the testator, as well as to theinterest accrued from the money bequeathed,from the expiry of the time to carry out thelegacy.

159. Legacy of periodic sums.— Where thetestator bequeaths periodic sums, the firstperiod shall run from the date of the testator’sdeath. The legatee shall have the right to thesaid installment the moment the new periodcommences, even if the legatee dies before theperiod comes to an end. However, the bequestshall be enforceable at the end of the periodonly, unless the bequest is for maintenance inwhich case it shall be enforceable at thebeginning of the period.

160. Expenses for delivery of legacy.— Theexpenses for the delivery of the bequeathedthing shall be met by the inheritance, unlessthe testator has provided otherwise.

161. Manner and place of delivery.— Thebequeathed thing shall be delivered togetherwith its accessories at the place and in thecondition in which it was at the time of thetestator’s death. If the bequest consists ofmoney, jewellery, or shares and othersecurities, whatever may be the type of theinstruments, it shall be delivered at the placewhere the inheritance is opened, unless thetestator has provided otherwise or there is anagreement between the parties to thecontrary.

162. New acquisitions.— If the person whobequeaths any immovable property addssubsequently to such property newacquisitions, these acquisitions, even ifcontiguous, shall not form part of the legacywithout a new declaration of the testator. Incase any improvement is made to thebequeathed property which is necessary,useful or luxurious, it shall form part of thelegacy.

163. Legacy of thing burdened withencumbrance in rem.— If the bequeathedthing is burdened with any emphytheutic fee,share in the rent, easement or any otherencumbrance inherent thereto, thebequeathed thing shall go to the legatee withthe encumbrance. However, if suchencumbrances are in arrears, such arrearsshall be met by the inheritance.

164. Lien on immovable assets.— Theimmovable assets which devolve on the heirsfrom the testator are subject to a lien for thesatisfaction of the legacies. However, ifany one of the heirs is specifically madeliable for any such payment, the legatee canexercise this right over the immovable assetwhich may be allotted to the said heir in thepartition.

165. Duty of co-heirs to compensate whenthe legacy consists of an asset of one co-heironly.— Where the testator bequeaths a thingbelonging to one of the co-heirs, the other heirsshall be bound to compensate himproportionately unless the testator hasprovided otherwise.



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166. Institution of heir or legatee subjectto fulfillment of condition.— If theinheritance or the legacy has been left subjectto the condition that the heir or legatee shouldnot give a specified thing or should not performa specified act, the said heir or legatee may becompelled, at the instance of the interestedparties, to furnish security for the performanceof the condition, unless the condition is one ofthose contemplated by section 134.

167. Conditional legatee.— If the legacy isconditional or is to take effect after a certaintime, the legatee may require the person whohas to deliver the legacy, to furnish security.

168. Responsibility of the heir apparent.—(1) If the will is declared null and void afterthe payment of the legacy and the legacy hasbeen satisfied in good faith, the heir institutedin the will shall stand discharged of hisresponsibility towards the true heir bydelivering the remainder of the inheritance.

(2) The preceding provision shall alsobe applicable to legacies subject toencumbrances.

169. Reduction of encumbrance attached to

legacy.— When the legacy is subject to

an encumbrance and the legatee does not

receive the whole legacy due to his own fault,

the encumbrance shall be reduced

proportionately and, in case he is dispossessed

from the bequeathed thing, the legatee may

demand the restitution of whatever was paid

by him.

Right of Accretion

170. Right of accretion.— (1) If any of theinstituted co-heirs dies before the testator orrenounces the inheritance or becomesincapable or unworthy of receiving it, his shareshall be added to the shares of the otherinstituted co-heirs, unless the testator hasprovided otherwise.

(2) The heirs shall also be entitled to theright to accretion, if the legatees do not wantor are unable to receive the legacy.

171. Exclusion of right of accretion.— (1)The legatees shall not have the right ofaccretion inter se.

(2) If the bequeathed thing is indivisible orcannot be divided without detriment, the co-legatees shall have the option either to retainthe whole thing against payment to the heirsof the value of the excess or to receive fromthem whatever as of right belongs to them,delivering to such heirs the bequeathed thing.

However, when the legacy is encumberedwith an obligation and the said obligationlapses, the legatee shall profit from theresulting benefit, if the testator has notprovided the contrary.

172. Effects of accretion.— The heir whoacquires a share in the inheritance by reasonof accretion shall succeed to all rights andobligations of the heir who did not wish orcould not receive the disposition, had it beenaccepted by him.

173. Renunciation of right of accretion.—The heirs who get the right of accretion mayrenounce it in the event it carries specialencumbrances created by the testator; but, insuch a case, the said portion shall revert tothe person or persons in whose favour theencumbrances have been created.

174. Right to legacy.— The legatee shallhave the right to recover the bequeathedthing, whether movable or immovable, from athird party, provided that the bequeathedthing is certain and specified.

Substitutions

175. Common or direct substitution.— Thetestator may appoint one or more persons tosubstitute the instituted heir or heirs orlegatees in case such heirs or legatees cannotor do not wish to accept the inheritance or thelegacy. This is called common or directsubstitution. Such substitution ceases tooperate upon such heir accepting theinheritance.

176. Pupillary substitution.— (1) Thetestator, who has children or other


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descendants under parental authority, whowill not upon the death of the testator be underthe authority of another ascendant, maysubstitute the said children or otherdescendants by heirs or legatees of his choice,in case the said children or other descendantsdie before completing eighteen years of age,irrespective of their sex. This is called pupillarysubstitution for minors.

(2) Such substitution becomes ineffectivewhen,—

(a) the person substituted attains the ageof eighteen years or

(b) the substituted person dies leavingbehind descendants entitled to succeed.

177. Quasi pupillary substitution.— (1) Theprovisions of section 176 shall be applicable,irrespective of the age, when the child or otherdescendant is of unsound mind provided he isso declared by the court. This is called quasipupillary substitution.

(2) Such substitution shall becomeineffective if such unsoundness of mind ceases.

178. Properties which may be subject tosubstitution.— The substitution, pupillary orquasi-pupillary, may comprise such propertiesonly which the substitute could have disposedof, if he was not unable or debarred from doingso at the time of his death and which he mayhave acquired through the testator.

179. Rights and duties of the substitute.—The substitute shall receive the inheritance orlegacy with the same encumbrances, withwhich the substituted heirs or legatees wouldhave received, with the exception ofencumbrances which are solely personal,unless it has been provided otherwise.

180. Reciprocal substitution.— When theco-heirs or legatees with equal shares arereciprocally substituted, it shall be deemedthat they have been substituted in the sameproportion. However, if the number ofsubstitutes exceeds the number of instituted

heirs or legatees and no provision in thatregard has been made, it shall be deemed thatthey were substituted in equal shares.

181. Fide-commissary substitution.— (1)The testamentary disposition whereby any heiror legatee is bound to preserve the inheritanceor the legacy which on his death is to go to afurther beneficiary is called the fide--commissary substitution or fidei-commissumand such heir or legatee is called fiduciaryand such further beneficiary shall be calledfidei-commissarius.

(2) It shall not be lawful to make a fide--commissary substitution in more than onedegree.

182. Lapse of fidei-commissum.— If the fidei-commissarius, who is the ultimate beneficiary,does not accept the inheritance, or dies beforethe fiduciary, the substitution shall lapse andthe fiduciary shall be the absolute owner ofthe properties.

183. Nullity of the substitution.— Thenullity of the clause relating to fide-commissarysubstitution does not render the institution ofthe heir or the appointment of the legatee nulland void. The fide-commissary clause onlyshall be deemed to be non-existent.

184. Dispositions which are not analogousto fidei-commissum.— Dispositions wherebythe testator leaves the usufruct to one personand the naked ownership to another orsuccessive usufructs are not fide-commissarysubstitutions.

185. Deemed fidei-commissum.— (1) (a)Dispositions made subject to a conditionprohibiting alienation inter vivos and (b)dispositions which appoint a third person totake what is left from the inheritance or thelegacy, on the death of the heir or of thelegatee, are deemed to be fidei-commissumand as such valid upto one degree.

(2) In cases covered by clause (b) ofsub-section (1), the fiduciary shall be entitled



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to alienate only when he does not have anyproperties of his own, apart from his residentialhouse, and upon obtaining written consent ofthe fidei-commissarius for the purpose or uponhis consent being dispensed with by an orderof the court.

186. Encumbrances in favour of paupers,etc.— The dispositions which impose on theheir or the legatee the obligation to paysuccessive sums of money in favour ofpaupers, or in favour of any public utilityinstitution or foundation are valid. In this case,however, the burden shall be charged onspecific assets and such heir or legatee shallbe allowed to capitalize, or convert theinstalments into corresponding capital inmoney.

187. Irregular fidei-commissum.— When thetestator makes a disposition for a publicpurpose, the testator may provide that in casethe institution which has to carry out the willof the testator is extinguished, the sameproperties shall go to another institution orlegal body nominated by him.

188. Applicability to past and future fidei--commissum.— The provisions of thepreceding sections are applicable to past andfuture fidei-commissum.

Disinheritance

189. Disinheritance.— The forced heirs maybe deprived by the testator of their legitime orbe disinherited by declaring his wish in thewill, only when the law expressly permits himto do so.

190. Grounds for disinheritance.— Thetestator may in his will disinherit by expresslydeclaring that he does so, disclosing thegrounds on which he disinherits, the followingpersons:—

(a) the presumed heir when he isconvicted for an offence intentionallycommitted against the testator, his spouse,ascendants, brothers, adopter or adoptee,punishable with imprisonment of more thansix months;

(b) the presumed heir who has been

convicted for having lodged malicious

prosecution or for perjury against any of

the persons mentioned in the clause (a)

above;

(c) the presumptive heir who, without

sufficient cause, refused to maintain the

testator and or his spouse.

191. Effects of disinheritance.— The

descendants of the disinherited persons, who

survive the testator, shall be entitled to the

legitime which their ascendant was deprived

of, but the ascendant who was disinherited is

not entitled to enjoy the usufruct of the legitime

received by his descendants.

192. Burden of proof.— When the ground

for disinheritance is contested, the burden of

proving that such ground exists shall be

on the persons who benefit from the

disinheritance.

193. Failure to mention ground or irrelevant

ground.— When the testator declares that he

disinherits without clearly mentioning theground or when the ground is not proved orthe ground is unlawful, the dispositions ofthe testator affecting the legitime ofthe disinherited heir, are void to thatextent.

194. Right to maintenance of the disinheritedheir.— When the disinherited heir has nomeans of subsistence, the beneficiary of theassets of which the disinherited heir has beendeprived is bound to provide maintenance tohim but not beyond the income of the saidassets, unless the said maintenance is due forany other reason.

195. Period of limitation to challengedisinheritance.— The person who has beendisinherited and wishes to challenge thedisinheritance may file a suit within three yearsfrom the date of knowledge of the will orthe date of death of the testator, whichever islatter.


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CHAPTER XII

Wills

196. Concept of Will.— (1) A will is anunilateral act whereby a person makesdisposition of the whole or a part of his estateto take effect upon his death.

(2) All dispositions which are by lawpermitted to be included in a will are valid ifdone with all the formalities required to makea will, notwithstanding that they do not containdisposition of assets.

197. Will is a personal act.— A will is apersonal act. It shall not be lawful to make awill through an attorney nor to leave it to thediscretion of another person, either as regardsthe institution of heirs or appointment oflegatees or as regards the subject matter ofthe inheritance or as regards the execution ofthe will.

However, the testator may entrust thepartition or the inheritance to a third partywhen he institutes or appoints a class ofpersons as heirs or legatees.

198. Will dependant upon instruction.—Dispositions which (a) depend on instructionssecretly given to another person or (b) refer todocuments which are not authentic or are notwritten and signed by the testator or (c) aremade in favour of uncertain persons, whocannot be ascertained in any manner, shall nottake effect.

199. Disposition in favour of unnamedrelatives.— Dispositions in favour of therelatives of the testator or in favour of relativesof another person without specificallydesignating the person, shall be presumed tohave been made in favour of the nearestrelatives of the testator or of the personindicated, as per the order of legal succession.

200. Conditional disposition.— The testatormay either make an unconditional dispositionof his estate or he may dispose of his estatesubject to conditions, provided such

conditions are not absolutely or relativelyimpossible of performance or contrary to law,morality or public policy. A condition which isimpossible of performance or contrary to lawmorality or public policy shall be presumed tobe inexistent and shall not adversely affect theheirs or legatees notwithstanding that thetestator has provided to the contrary.

201. Obstruction to fulfillment ofcondition.— Where a person who is interestedin the non-performance of the condition,obstructs its fulfillment, the condition ispresumed to have been fulfilled.

202. Reason contrary to law.— Where thetestator gives the reason or motive for makingthe will and the reason or motive, whether trueor false, is contrary to law, the disposition shallbe null and void.

203. Disposition where time for commence-ment or cessation of heirship is fixed.— Wherethe testator fixes a time limit from which theinstitution of the heirs shall commence orcease, such a declaration shall be deemed asnot written by the testator.

204. Will obtained by coercion, undueinfluence, deceit, or fraud.— (1) A will obtainedby coercion, undue influence or by deceit orfraud, is voidable.

(2) The intestate heir forfeits his right to theinheritance when by deceit, fraud, undueinfluence or coercion he had prevented theestate leaver from making a will and theinheritance shall devolve on the person uponwhom it would devolve, had such heir notexisted.

205. Duty of authorities.— An administra-tive authority which comes to know that aperson is preventing another from making awill is duty bound to go promptly to the houseof the person so prevented with a SpecialNotary and two witnesses. Upon verifying thatthe information is true, set the said person freeto make a will and he shall also cause a reportto be written and forwarded to the AssistantPublic Prosecutors/Public Prosecutor.



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A person who prevents another frommaking a will shall be liable to be prosecuted.

206. When expressions are insufficient.— Awill wherein the testator has not expressedclearly and fully his wish but only by signs andmonosyllables in answer to questions put tohim, is null and void.

207. Prohibition imposed by testator tochallenge his Will.— It shall not be lawful forthe testator to prohibit his legal heirs fromchallenging the validity of his will, when suchwill is null under the law.

208. Joint Wills.— It shall not be lawful fortwo or more persons to make a will jointly inthe same instrument, whether for theircommon benefit or for the benefit of thirdparties.

209. Revocation of Will.— (1) A will may befreely revoked by the testator fully or in partby another will or by a deed before the SpecialNotary with the same formal requirements.

(2) It shall not be lawful for the testator torenounce his right to revoke the will.

(3) When the testator alienates thebequeathed thing before his death, the willshall stand revoked pro tanto.

210. Implied revocation.— (1) Where asubsequent will is made without making areference to the earlier one, the subsequentwill revokes the earlier will to the extent of itsinconsistency only.

(2) Where there are two wills of the samedate and it is not possible to ascertain whichof them is later in point of time, thecontradictory or inconsistent dispositions inboth the wills shall be deemed inoperative.

211. Effect of Will which has lapsed.— Therevocation of a will shall take effectnotwithstanding that the subsequent willlapses on account of the incapacity of the heiror of the legatee appointed therein or onaccount of the relinquishment of theinheritance by the heir or by the legatee.

212. Restoration of Will.— Where thetestator revokes the subsequent will anddeclares that he wishes that his earlier willshall subsist, the earlier will shall standrestored.

213. When testamentary dispositionslapse.— A testamentary disposition shall lapseand become ineffective in relation to the heiror the legatee,–

(a) where the heir or legatee dies beforethe testator;

(b) where the heir is instituted or thelegacy is left subject to a condition and theheir or legatee dies before the condition isfulfilled;

(c) where the heir or the legatee is undera disability to acquire the inheritance;

(d) where the heir or the legatee ren-ounces his rights.

214. Effect of ignorance of existence of

children.— If the testator had children or other

descendants and he did not know that he had

children or other descendants, or he thought

that they were dead, or where the children

are born to the testator after his death, or

where the children are born to the testator

before his death, but after the will was made,

the will shall be valid only to the extent of the

disposable portion of the testator, in

accordance with section 140.

215. Interpretation of Wills.— (1) Where anydoubt arises as to the interpretation of atestamentary disposition, the intention of thetestator shall be gathered from the will andaccordingly carried out.

(2) When the words of a will areunambiguous, but it is found from extrinsicevidence that they admit of interpretations, oneonly of which can have been intended by thetestator, extrinsic evidence may be taken toshow which of these interpretations wasintended.


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216. Object contrary to law, morality orpublic policy.— A testamentary disposition isvoid when from its interpretation it follows thatthe will was intended essentially for an objectcontrary to law, morality or public policy.

Who may make a Will and acquire by Will

217. Capacity to make a Will.— A personwho by law is not expressly forbidden frommaking a will, may make a will.

218. Incapacity to make a Will.— (1) Aperson who is not in his full senses or a personof either sex under 18 years of age, isincompetent to make a will. Blind persons, orpersons who are unable or do not know toread are incompetent to make closed wills.

(2) The capacity of the testator to make awill is determined at the time when the will ismade.

219. Restrictions on disposition ofcommunity assets.— A disposition of specificand determined properties by a person whois married under the regime of generalcommunity of assets is null and void, unless:—

(a) the assets disposed of are allotted tohim in a subsequent partition; or

(b) they do not form part of the community;or

(c) the disposition has been made by oneof the spouses in favour of the other; or

(d) the other spouse has in a documentdrawn by a Special Notary given consent tothe said disposition.

220. Restrictions on disposing of specificassets of the inheritance.— (1) It shall not belawful for a co-heir to dispose of any specificasset of the inheritance or right to a part ofspecific assets, unless such asset or right tosuch part, is allotted to him in a partition

(2) The disposition made in contraventionof this section shall be null and void.

221. Relative incapacity of sick person.— Awill made by a sick person in favour of the

physician or nurse who attended to him duringhis illness or in favour of the priest whoassisted him spiritually during his illness shallnot take effect if the sick person dies of thatillness.

However, (a) a legacy by way ofremuneration for the services rendered to thesick person when such person was not paidany remuneration for the services or (b) adisposition made in favour of the descendants,ascendants, collaterals till the third degree orto the spouse of the testator, are valid.

222. Disposition in favour of a person whohas rendered domestic help or care andassistance.— A disposition made by a sick andold person, having ascendants, descendants,collaterals till the fourth degree or spouse, infavour of a person who has rendered domestichelp or care and assistance to such personshall not exceed one third of the value ofinheritance. However, a disposition made infavour of ascendants and descendants,collaterals till the fourth degree or the spouseof the testator is valid.

223. Relative incapacity–Disposition infavour of guardian or manager of assets.— Adisposition made by a person who isinterdicted or under disability in favour of hisguardian or manager of his assets, even if theaccounts of the management have beenalready approved, shall be void.

224. Relative incapacity–Disposition byadulterous spouse.— Where the adultery isproved in court, either in criminal or civilproceeding, before the death of the testator,the adulterous spouse shall be incompetent tomake a disposition in favour of the partner inthe adultery.

225. Relative incapacity–Disposition infavour of the Special Notary.— The testatorshall be incompetent to make a disposition infavour of the Special Notary who draws his willor certifies his closed will or in favour of theperson who writes the will for him or in favourof the witnesses to, or interpreter of, the willor to the record of approval or certification ofthe closed will.



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226. Extent of nullity.— Only that part of thetestamentary disposition which is hit by theprovisions which refer to the relativeincapacity of the testator shall be null and void.

227. Restrictions on impairment ofmandatory share.— Persons who are boundby law to reserve the legitime may dispose ofonly the disposable portion.

228. Who may receive by Will.— (1) Onlyliving persons, including an embryo, mayacquire by will. The embryo is deemed to existwhen born alive and with human figure within300 days from the death of the testator.

(2) However, the disposition is valid evenwhen the future heir or legatee is born beyondthe period of 300 days from the date of thedeath of the testator, if the disposition is infavour of the children yet to be born who aredescendants in the first degree of certain orspecified persons alive at the time of the deathof the testator.

229. Relevant time to determine capacity toacquire by Will.— The relevant time todetermine the capacity to acquire by will isthe time of the testator’s death. Where an heiris instituted subject to condition, or where thelegacy is left subject to conditions, the relevanttime to determine the capacity to acquire bywill is not only the date of the testator’s deathbut also the time of fulfillment of the condition.

230. Consequence of incompetence toacquire by legal succession.— A person whois incompetent to acquire by legal successionas provided in section 9 is incompetent toacquire by testamentary succession.

231. Consequences of refusal to act as

executor or guardian or their removal.— The

executor who refuses to accept the office or

who, having accepted the office, is removed

therefrom on account of mismanagement and

so also the testamentary guardian who refuses

the office or is removed therefrom, forfeits the

right to whatever is bequeathed to him by the

testator.

232. Capacity of corporate bodies.—

Corporate bodies, associations, trusts, or other

legal entities may succeed by will as heirs or

legatees.

233. Fictitious disposition.— (1) A will made

in favour of an incompetent person by

ostensibly making it in favour of another person

with an understanding that it will benefit the

incompetent person or through an

intermediary shall be null and void.

(2) A testamentary disposition is deemed to

have been made through a fictitious person

when it is made in favour of the spouse of the

person who is incompetent to acquire by will

or to a person whose presumptive heir he is

or when made in favour of a third party who

has agreed with the person who is

incompetent to acquire by will that he will

transmit the benefit of the will in favour of the

latter.

Types of Wills

234. Types of Wills.— Wills may be of thefollowing categories:—

(a) Public;

(b) Printed open;

(c) Closed or sealed;

(d) Wills made outside Goa.

235. Public Will.— A testator who wishes tomake a public will has to declare his last wishbefore any Special Notary in the presence oftwo witnesses, worthy of credit so that he mayrecord the will in the Book of Wills.

236. Printed open Will.— A testator whoknows to read, may opt to present to the SpecialNotary a computer generated printout of theoperative part of his will on a standard paperof the size of 29.7 cms. x 21 cms. entitled ‘openWill’ and declare before the Special Notary thatthe printout contains his last wish in thepresence of two credit worthy witnesses, whoshall identity the testator, and certify that thetestator is in his senses and free from coercion.

237. Closed or sealed Will.— Closed or asealed will shall be written and signed by the


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testator, or it may be written by another personat the request of the testator and signed bythe testator. The person who signs the willshall initial all its pages. The testator isexempted from signing the will where he isunable to sign it; however, the fact that he isunable to sign the will shall be recorded in thewill by the Special Notary.

238. Incompetence to make a closed Will.—Persons who do not know or are unable to read

are not competent to make dispositions by way

of a closed will.

239. Failure to present the closed Will.—

Where a person who is in possession of the

closed will, and, where the will is made by an

absent person, does not present it or, in case

of the testator’s death, does not present it

within thirty days from the date of the

knowledge of the death, he shall be liable to

pay damages. Where the person who fails to

present the will is guilty of deceit, he shall,

besides being liable to pay damages, forfeit his

right, if any, to the inheritance of the testator

and shall also be liable for criminal

prosecution.

240. Fraudulent removal of Will.— Anyperson who fraudulently removes the will fromthe effects of the testator or from the possessionof any person with whom it is deposited shallbe subject to pay damages, forfeit his right tothe inheritance and shall also be liable forcriminal prosecution.

241. Where the closed Will is found open.—Where the closed will is found opened,whether amidst the effects of the testator or inthe possession of a third party but without anyother defect, it shall not be annulled for thatreason. In such a case, the will shall bepresented as it is to the Special Notary of thesub-district, who shall draw a record statingthe above facts in accordance with sections341, 342, 343 and 344.

242. Tampered or torn Will.— Where the willis found open and tampered with, or torn, thefollowing provisions shall apply:—

(a) Where the will is found cancelled andobliterated, or torn, either amidst the effectsof the testator or in the possession of a thirdparty, to such an extent that it is not possibleto read the original disposition, it shall bedeemed to be non-existent;

(b) Where it is proved that any personother than the testator has tampered withthe will, the provisions of sections 239 and240 which are applicable to a person whofraudulently withholds or removes the willshall be applicable to such person.

243. Presumption as to who is respon-sible.— Where the will is tampered with, itshall be presumed that the tampering wasdone by the person to whom the will wasentrusted until the contrary is proved.

244. Torn Will found amidst the effects ofthe testator.— Where the will is found to betorn or reduced to pieces amidst the effects ofthe testator, the will shall be deemed to be non-existent, notwithstanding that it is possible toput the pieces together and read thedisposition, unless it has already been provedthat it was torn or reduced to pieces after thedeath of the testator or was caused by himwhen he was of unsound mind.

245. Wills under this Code to becomeoperative upon death.— When a public will,printed open will or closed will is made inaccordance with the provisions of this Act, thewill shall become operative and executableimmediately upon the death of the testator andno probate is required.

246. Wills made outside Goa.— A will is validas to form if it is made in conformity with thelaw of the place of making at the time it wasmade.

CHAPTER XIII

Management of the Inheritance :Head of the Family

247. To whom the office of head of the familybelongs.— (1) The office of head of the familybelongs in order of priority to—



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(a) the surviving spouse, unless thespouse does not have a share in the assetsto be partitioned and does not havedescendants, who are still minors, as heirs;

(b) the children, who are not under adisability, and in default of children, otherdescendants who are not under a disability;

(c) the other heirs, who are not-under adisability.

(2) In the category of children, otherdescendants and other heirs, the followingshall have preference:—

(a) the heirs who are living with thedeceased over the others;

(b) where there are more than one in thesame circumstances, the elder shall havepreference.

(3) The heir, who was residing permanentlyin the company of the estate leaver only, shall

be deemed to be the heir living with the estate

leaver.

248. When the guardian is appointed head

of the family.— Where there is no surviving

spouse nor heirs referred to in section 247, the

court shall appoint the guardian of the heirs

under disability as the head of the family and

where there is more than one group of heirs

with different guardians, such guardian as is

chosen by the court and, till such time there

is no guardian appointed by the court, the

court shall appoint provisionally a receiver

from amongst the nearer relatives of the heirs

under disability.

249. Eldest of the spouses to be the head of

the family.— Where an inventory is instituted

consequent upon divorce, separation or

annulment of marriage, the head of the family

shall, where the marriage is governed by the

regime of community of assets, belong to the

eldest spouse and where the marriage is

governed by the regime of separation of assets,

to the spouse who owns the assets; if there

are any community assets, the eldest shall be

the head of the family in respect thereof.

250. Special head of the family.— The co-

heirs who on the date of the opening of the

inheritance, were in possession of certain

properties of the inheritance and so also the

heirs who have to restitute gifted properties

to the estate shall be deemed heads of thefamily in respect of such properties.

251. Duty to initiate the inventory.— Thehead of the family is duty bound to initiate aninventory where there is a co-heir who is aminor or under disability.

252. When half of the income may be

distributed.— After the assets and liabilities

have been listed in the inventory proceeding,

any party may apply that half of the income of

the properties which have not been

bequeathed be distributed among the co-heirs

taking into consideration the value which has

been attributed to them; the head of the family,

who fails to comply with such direction issued

by the court, shall be removed forthwith and

shall be liable to pay compensation for the

damage caused.

253. Rights and duties of the head of the

family.— The head of the family, as manager

of the estate, shall receive the fruits and profits

of the properties in his possession and shall

meet the normal liabilities and shall have the

duty to render accounts in case the usufruct

of the said properties does not belong to him.

However, the head of the family shall not

alienate any properties of the estate other than

fruits or other things which cannot be

preserved without fear of deterioration.

254. Head of the family when there are only

legacies.— Where the inheritance is

distributed by way of legacies only, the most

benefited shall be the head of the family; and

if all circumstances are equal, the eldest shallhave priority.

255. When the head of the family seeksexemption or is removed.— (1) If the persons


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referred to in the preceding section of thisChapter, seek exemption or are removed, thecourt shall appoint suo motu or on applicationby an interested party, the head of the family.

(2) Notwithstanding the above provisions,the parties may by mutual consent agree thatthe management of the inheritance and thefunctions of the head of the family bedischarged by any other person.

256. Concealment of assets of theinheritance by the head of the family or heir.—(1) The moiety holder or heir who fraudulentlyconceals assets of the inheritance, whether ashead of the family or not, forfeits in favour ofthe heirs or co-heirs, as the case may be, theright he may have to the concealed assets.

(2) The person who conceals assets isdeemed to be merely in custody of those assetsand the Court may order him that they behanded over to the head of the family.

257. Fraudulent description.— The head ofthe family who fraudulently describes credits,rights or encumbrances which are founded onsham, false or falsified documents of title, shallbe liable to pay damages for the injury causedand he shall be criminally liable.

258. Fraudulent concealment of docu-ments.— The head of the family, who concealsfraudulently documents of title necessary totake cognizance of the nature of, or of theencumbrances on, the partible assets, shall beliable for the losses caused by such omission.

Executor

259. Executor appointed by the testator.—The testator may appoint one or more personsto carry out his will in whole or in part. Suchpersons are called executors.

260. Who may be executor.— Only a personwho has the capacity to contract may beappointed as executor.

261. Appointment of executor by court.—The court may appoint an executor when theheirs do not agree on the choice of theexecutor. Where there are minors, interdicted

or absent heirs, any interested party mayapply to the court that an executor beappointed. The applicant shall disclose whoare the other interested parties and he maypropose the person who in his view is bestqualified for being appointed as an executor.

262. Where the executor declines to acceptthe office.— The appointed executors maydecline to accept the appointment. In thisevent, however, if a legacy is left to theexecutor as compensation for discharging thefunctions of executor, he shall not be entitledto claim the legacy.

263. Time limit to decline appointment.—The appointed executor who is not willing toaccept the appointment, shall, within thirtydays from the knowledge of the will, so inform,by registered post, the Special Notary of theplace where the inheritance opens with a copyto any one of the beneficiaries under the will.In case of his failure to inform the authoritiesmentioned above, he shall be liable to paydamages.

264. When the executor may resign.— The

appointed executor who has accepted the

office, may quit the office upon showing just

cause such as disability due to illness, absence

for a long period or incompatibility with the

discharge of a public office and upon obtaining

an order of the court competent in terms of

section 373. Such Order shall be made after

hearing the parties. In case he quits the office

without order of the competent Court, he shall

be liable to pay damages.

265. Office of the executor is gratuitous.—The office of the executor is gratuitous, unlessremuneration is provided for by the testator,in the will.

266. Impediments to become executor.—Where there is an impediment which does notpermit the person appointed as executor toassume the office or the executor isdischarged, the heirs shall carry out thepurpose of the will and they shall be subjectto the following provisions:—



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(a) where the hereditary shares are notequal, the office shall vest in the heir who isthe most benefited;

(b) where the hereditary shares areequal, the parties shall appoint the executorfrom amongst them, and, in case ofdisagreement or when one of them is aminor or an interdict or an absent person,the competent Court shall appoint oneamongst them.

267. Powers of the executor.— The executorshall have such powers as the testator mayhave conferred upon him in accordance withlaw. However, he shall cease to function assuch upon the appointment of the head of thefamily in an inventory proceeding. He shallnevertheless be entitled to intervene in theinventory proceeding to bring to the notice ofthe court the directions contained in the will.

268. General duties of the executor.— Wherethe testator does not specify the duties of theexecutor, they shall be as follows:-

(i) to make arrangements for the funeralof the testator and to pay the respectiveexpenses and religious ceremonies inaccordance with the wishes of the testatoror, where the will makes no provision in thisregard, according to the customary usages;

(ii) to cause registration of the closed will,if it is in his custody, before the competentauthority, within thirty days from the dateof the knowledge of the death of the testator;

(iii) to carry out or execute thetestamentary dispositions and to defend, ifnecessary, their validity in or outside thecourt;

(iv) to allow the parties to take inspectionof the will, if it is in his custody, and to allowtrue copies thereof to be taken, when sorequested.

269. Duty to initiate inventory.— (1) (a) Theexecutor shall institute inventory proceedingwhere there are minors, interdicted or absentheirs and legatees.

(b) Where the testator has empoweredthe executor to utilize the income of acertain part of the estate for the benefit of acharitable or public utility foundation or trustor institution, which is intended to becreated by the will or which does not havea legal personality, the executor shall initiateinventory proceeding and apply for the saleof such part of the estate by public auction.

(2) The procedure laid down in clause (b) of

sub-section (1) shall not be applicable where

the inheritance or legacy was left for the

aforesaid purpose to an institution with legal

personality or a trust already in existence.

270. When the testator leaves forced heirs.—

Where the testator leaves forced heirs, the

testator shall not authorize the executor to take

charge of the estate. However, the testator may

direct that the forced heirs shall not take

charge thereof, unless inventory proceeding

are instituted and the executor is served.

271. Where the testator does not leave forced

heirs.— (1) Where the testator leaves heirs

who are not forced heirs, he may authorize the

executor to take charge of the estate but he

shall not exempt the executor from instituting

inventory proceeding.

(2) Such heirs may prevent the executor

from taking charge of the estate by providing

to him the necessary amount to meet the

expenses for the discharge of his functions.

(3) Where there are no funds in the estatesufficient to meet the expenses of the executorand the heirs are not willing or are unable toadvance the necessary amount, it shall belawful for the executor to cause the sale ofmovables and, if the amount realized is notsufficient, to cause the sale of one or moreimmovables after hearing the heirs; if any ofthe heirs is a minor, absent person or aninterdict, the sale of the movables orimmovable shall be done by public auction.

272. Time limit to carry out the Will.— (1)When no time limit has been fixed in the will


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for its execution, the executor shall carry it outwithin one year from the date on which heassumes office or from the date on which thelitigation, if any, with regard to the validity ornullity of the will, has come to an end.

(2) However, it shall always be lawful for theexecutor to supervise and take care of theexecution of the dispositions which have notbeen carried out and to apply to the Court forsuch preventive reliefs as may be necessary.

(3) When the income is to be utilised for thebenefit of a charitable or public utilityinstitution or trust, the executor shall continuethe execution of the will till such time as maybe necessary to carry out the legacy orlegacies, if the testator has so directed, subjectto section 269.

(4) Where the executor has failed todischarge his duties within the time fixed, heshall forfeit the remuneration left to him, andthe will shall be executed, by the persons whohave the duty to execute it, as if no executorhas been appointed.

273. Joint executors.— (1) Where more thanone executor has accepted the office and lateron one or more of them have abstained fromparticipating in the execution of the will, theexecution carried out by the others shall bevalid; but all of them shall be jointly liable forthe assets of the estate of which they havetaken charge.

(2) Where the executors who have acceptedthe office do not arrive at a consensus on themanner in which the will is to be executed,the executorship shall lapse and the will shallbe executed by the person who has the dutyto do so as if no executors had been appointed.

274. Duty to render accounts.— Theexecutor shall render accounts of hismanagement to the heirs or their lawfulrepresentatives. For this purpose, the executormay, if necessary, file an application to thecompetent court. Where inventoryproceedings are instituted, such anapplication shall be filed in the sameproceeding.

275. Office of executor not transferable orheritable.— The office of the executor is neithertransferable nor heritable nor can it bedelegated.

276. Accretion of remuneration.— Wherethe testator has bequeathed to joint executors,the part of the remuneration of the executorwho has been discharged or of the one who isunable to accept the office shall be added tothe remuneration of the others.

277. Expenses of the executor.— Theexpenses incurred by the executor in thedischarge of his duties shall be met from themass of the inheritance. Petty expenses forwhich usually no receipt is issued shall beapproved on the basis of an affidavit of the saidexecutor.

278. When the executor is guilty of deceitor fraud.— The executor who is guilty of deceitor fraud in the discharge of his duties shall beliable to pay damages and may be removedfrom his office by order of the court at theinstance of the parties. The procedure forremoval is provided in section 384.

CHAPTER XIV

Partition

279. Effects of partition.— The partition of

the inheritance in the inventory proceeding

and made in respect of which there has been

no objection, confers on the parties exclusive

ownership of the properties respectively

allotted to them, as against other parties to the

proceeding.

280. Consequences of co-heir and moiety

holder being deprived of possession.— (1) The

co-heirs and moiety holder shall be mutually

liable to indemnify the co-heir or moiety holder,

who is deprived of possession of the property

allotted to him, by a person having better title

thereto.

(2) Such liability ceases when there is

agreement to the contrary or if the



975

dispossession takes place due to the fault of

the person dispossessed or due to a cause

which has arisen subsequent to the partition.

(3) The dispossessed person shall beindemnified by the co-heirs and moiety holderin proportion to their shares but where any ofthem has become insolvent, the remainingparties shall be liable for his share in the saidproportion, after deducting the share of thedispossessed party.

281. Limitation for suit for damages.— A suitfor recovery of the compensation set out in theforegoing section shall be filed within a periodof three years, and other provisions of theLimitation Act, 1963 (Central Act 36 of 1963)shall be applicable.

282. Partition done out of court.— (1) Aninheritance can be partitioned by a deed outof court where the mandatory inventory is notrequired under the provisions of this Act.

(2) No partition of an inheritance shall bedone out of court unless it is preceded by adeed of declaration of heirship.

283. Rescission in case of out of courtpartition.— Partitions of inheritance made outof court may be rescinded only on the groundson which contracts may be rescinded.

CHAPTER XV

Supplement Provisions

284. Sale of share in undivided inheritance:right of pre-emption.— The moiety holder andthe co-heir shall have the right of pre-emptionwhen any share in an undivided inheritanceis sold to a stranger, without prior notice tohim.

285. Notice to moiety holder or co-heirs.—A co-heir or a moiety holder who intends tosell his respective share or moiety in anundivided inheritance to strangers may,however, give notice of the intended sale byinstituting inventory proceeding to enable theparties entitled to pre-empt to exercise theirright in accordance with section 396.

286. Sham sale.— (1) A sale, whether madedirectly or through an intermediary, to defeatthe provisions imposing restrictions on thepower to transfer shall be null.

(2) When the sale is made by the spouse ofthe person who is incompetent to acquire orby a person whose presumed heir he is orwhen made with a third party who has agreedwith the person who is incompetent to acquirethat he will transmit the benefits in favour ofthe latter, such person is deemed to be theintermediary.

287. Creation of easement.— (1) Where anyimmovable property is divided by metes andbounds in the inventory proceeding and it isnecessary to create an easement, sucheasement of necessity shall be created andrecorded in such proceeding.

(2) Nothing shall prevent the parties fromcreating an easement by a separate deedwith the consent of parties after the inventoryis concluded.

(3) Where the provisions of sub-section (1)are not followed, the respective owner of thelandlocked property may file a suit for creationof such easement and the compensationpayable to the servient owner as well as thecosts of the suit shall be shared by all theparties to inventory proceeding.

(4) Where an inheritance is partitionedamicably by a deed and it is necessary tocreate an easement but such easement is notcreated in the deed, the respective owner ofthe landlocked property shall have the rightto file a suit as provided in sub-section (3).

Usufruct

288. Definition of usufruct.— Usufruct is aright to full enjoyment of an asset or a right fora specified period, without changing its formor substance.

289. Constitution of usufruct.— Usufructmay be constituted by a registered agreement,by will or by law in favour of one or more


976

persons simultaneously or successively,provided they are living at the time the rightof the first usufructuary becomes effective.

290. Extinguishment of usufruct.— (1)Unless provided to the contrary, the usufructconstituted by agreement or by will in favourof several persons jointly, extinguishes upondeath of the last surviving usufructuary.

(2) Without prejudice to the provisionshereinabove, usufruct shall not exceed the lifeof the usufructuary; where it is constituted infavour of a body having legal personality, theusufruct shall last for a period of 30 years only.

291. Right of the usufructuary.— Theusufructuary may use, enjoy and manage thething or right as a prudent man would do.

292. Determination of usufruct.— The valueof the usufruct, use and habitation shall bedetermined by multiplying the annual incomeby ten, but the value may be enhanced ordecreased depending upon the probableduration of the respective rights.

293. Emphyteusis.— (1) Emphyteusis is aconveyance whereby the owner of anyproperty transfers the beneficial ownership(dominium utile) to another and the latterbinds himself to pay him annually certaindetermined periodic sum, which is known asemphyteutic fee. Upon such conveyance, theowner of the property shall be the owner ofthe direct domain only and the transferee shallbe the beneficial owner.

(2) Emphyteusis is hereditary.

(3) The beneficial owner shall have the rightnot only to enjoy but also to alienate, mortgage,gift and exchange the property.

(4) The owner of the direct domain shallhave the right to receive the emphyteutic feeonly.

294. Divisibility of the emphyteusis.— (1)The property granted in emphyteusis is notdivisible into plots, unless the owner of thedirect domain consents to it.

(2) The partition of its value amongst theheirs is done by estimation, and theemphyteusis shall be allotted to one of themin accordance with their agreement.

(3) Where there is no agreement, theemphyteusis shall be put to licitation.

(4) Where none of the heirs is willing toaccept the allotment of the emphyteusis, theproperty shall be sold and the proceeds shallbe divided amongst the heirs.

(5) If the owner of the direct domainconsents to the division into plots, each plotshall be a separate emphyteusis and the ownerof the direct domain may demand therespective emphyteutic fee of each of thebeneficial owners according to the allotmentdone.

(6) The division and the allotment shall notbe valid unless done by a registered documentwherein the owner of the direct domain giveshis consent. In this event, the emphyteutic feepayable by each heir may be increased onaccount of the trouble that the owner of thedirect domain has to take to collect the dividedemphyteutic fee.

(7) Where the emphyteusis is dividedwithout the written consent of the owner ofthe direct domain, each of the plots shall beliable for the entire emphyteutic fee.

295. Acts contrary to law.— Any act whichis contrary to law, whether prohibitory ormandatory, shall be null and void unless suchlaw provides otherwise.

Such nullity may, however, be cured whenthe interested parties give their consentprovided that the law which has beencontravened is not relating to public order orpublic policy.

PART III

Special Notaries

CHAPTER XVI

Establishment of District Special Notaries andSpecial Notaries

296. District and Sub-Districts.— (1) For thepurposes of this Act, the State Government



977

shall form districts and sub-districts, and shallprescribe, and may alter, the limits of suchdistricts and sub-districts.

(2) The formation of districts and sub--districts and every alteration of such limitsshall be notified in the Official Gazette.

(3) Every such alteration shall take effect onsuch future date as may be mentioned in theNotification.

297. Special Notaries.— The StateGovernment may appoint in each District oneDistrict Special Notary and in each sub-districtone or more Special Notaries. The SpecialNotary shall exercise the powers conferred onhim by this Acts within such sub-district orsub-districts as the State Government may byorder determine. The State Government mayalso appoint joint Special Notaries in anysub-district or sub-districts, whenevernecessary.

298. Offices of the District Special Notary andthe Special Notary.— The State Governmentshall establish in every district an office to bestyled as the office of the District Special Notaryand in every sub-district an office or offices tobe styled as the office of the Special Notary orthe offices of the joint Special Notaries, as thecase may be.

299. Absence of District Special Notary.—When any District Special Notary is absenton leave or otherwise the State Special Notaryshall make necessary arrangements ofsubstitution, either directing any other DistrictSpecial Notary or any Special Notary to act assuch District Special Notary during theabsence, unless the State Government makesan appointment in this regard. However,where any Special Notary is directed to act asDistrict Special Notary, he shall not hearappeals against his own orders.

300. Absence of Special Notary.— Whenany Special Notary is absent , or when his officeis temporarily vacant, the District SpecialNotary shall make the necessary arrangementof substitution directing any other Special

Notary to act as such Special Notary duringthe absence, unless the State Governmentmakes appointment in this regard.

301. Seal of the District Special Notary andthe Special Notary.— The several DistrictSpecial Notaries and the Special Notaries shalluse an embossed seal bearing the followinginscription “The seal of the District SpecialNotary of _____ District” or “the Seal of theSpecial Notary of ______ Sub-District”.

302. State Special Notary.— The StateGovernment may appoint a State SpecialNotary for the State of Goa, who shall havepowers of superintendence and control overthe District Special Notaries and the SpecialNotaries.

303. Qualifications.— A person shall not bequalified to be a State Special Notary, DistrictSpecial Notary and Special Notary, unless heis a graduate in law and possesses such otherqualifications and experience as may beprescribed.

CHAPTER XVII

Functions of the Special Notary

304. Function of the Special Notary.— Thefunction of the Special Notary is to giveauthenticity to the instruments which heis empowered to draw in accordance withlaw.

305. Status of the Special Notary.— TheSpecial Notary is a public officer appointedby the Government to draw authenticinstruments.

306. Evidentiary value of the documentsdrawn by the Special Notary.— The instrumentrecorded by the Special Notary constitutes fullproof of the veracity of the act, done by himand the veracity of the facts which haveoccurred in his presence or which he hascertified to be true and was competent to socertify, in relation to the parties and theirsuccessors-in-interest who have intervened insuch instrument, unless it is proved that thedocument itself is false.


978

307. What instruments are to be drawn onlyby way of authentic document.— Theinstruments mentioned below shall be provedonly by authentic document and no otherevidence is admissible to prove them:—

(a) Public will;

(b) Record of printed open will;

(c) Record of approval of the closed will;

(d) Record of the opening of the closed

will;

(e) Instrument of consent to the will by

the spouse of the testator or the testatrix;

(f) Instrument of Revocation of will;

(g) Instrument of rehabilitation of a person

unworthy to succeed;

(h) Instrument of renunciation of

inheritance;

(i) Instrument of declaration of heirship;

(j) Instrument of ante nuptial agreement;

(k) Deed of adoption under the law in

force in Goa;

(l) Special Power of Attorney for acts to

be done under this Act;

(m) Instrument of declaration of the option

exercised under clauses (c) and (d) ofsub-section (4) of section 1.

CHAPTER XVIII

Books, Indices and Fire Proof Boxes

308. Obligation of the State to provide booksto the Special Notary.— (1) The StateGovernment shall provide for the office of everySpecial Notary, District Special Notary andState Special Notary the books necessary forthe purposes of this Act.

(2) The books so provided shall contain theforms prescribed and the pages of such booksshall be consecutively numbered in print, andthe number of pages in each book shall becertified on the title page by the District Judgeof the respective district court or an additionaldistrict judge nominated by him, as the casemay be.

(3) The State Government shall supply to theoffice of the Special Notaries with a fire proofbox, and shall in each sub-district makesuitable provisions for the safe custody of therecords connected with the State SpecialNotary.

(4) The State Government shall provide theembossed seals to the Special Notaries, DistrictSpecial Notaries and the State Special Notary.

309. Books to be maintained by the SpecialNotary and District Special Notary.—

(1) The Special Notaries shall maintain:—

(i) a daily register of instruments drawnunder this Act;

(ii) a register of index of wills;

(iii) a book of Public wills;

(iv) a register of printed open wills;

(v) a register of approval of closed wills;

(vi) a register of deposit of closed wills;

(vii) a register of opening of closed wills;

(viii) a register of return of closed wills;

(ix) a register of rehabilitation of a personunworthy to succeed;

(x) a register of refusal to act as executor;

(xi) a register of record of acquiescencegiven by the spouses;

(xii) a register of renunciation ofinheritance, adoption, ante-nuptialagreements, revocation of wills, declarationof heirship, orders refusing to perform an actand such other acts provided under law tobe performed by the Special Notary;

(xiii) a register of Special Power ofAttorney;

(xiv) a register of declaration underclauses (c) and (d) of section 1;

(xv) a register of plans;

(xvi) a register of all other documents filedin his office;

(xvii) a register of index of otherinstruments;

(xviii) book of accounts of fees and stampduty;



979

(2) The District Special Notary shall maintaina register of orders made in appeal againstorders of the Special Notaries.

310. Requirement of the notarial books.—The notarial books shall have a record of theiropening and closing, signed by the DistrictJudge of the respective District Court or anAdditional District Judge nominated by him,as the case may be.

311. Indexes to be maintained.— (1) Thefollowing indexes shall be maintained by theSpecial Notary:—

(a) index of the public open will;

(b) index of the printed open will;

(c) index of the closed will;

(d) index of other instruments;

(2) A copy of indexes of all wills shall beforwarded to the State Special Notary everythree months by the tenth of the monthfollowing the trimester. The State SpecialNotary shall maintain a consolidated index inhis office.

312. Maintenance and preservation of booksand other records.— (1) The Special Notaryshall preserve the books, registers, documentsand their indices maintained in his office. Onlywhere it is necessary to draw a deed outsidehis office on special grounds, these books canbe taken out of the office.

(2) The State Government shall provide theSpecial Notaries with proper premises andstorage equipments.

(3) All such books, registers, and documentsmaintained by the Special Notary shall beforwarded for preservation, after a period of30 years, to the Director of Archives who shallbe bound to preserve them by using the latestscientific methods for preservation.

(4) In case of criminal or any otherinvestigation involving any document, aregister or book maintained in the office of aSpecial Notary, such document, register orbook shall not be taken out of his office but the

investigating Police Officer or an expert shallbe allowed to take photographs of the suchdocument for the required purpose.

(5) When in any case a court calls for anydocument, book or register from the office of aSpecial Notary before it, such document, bookor register shall be returned to the SpecialNotary, immediately after it is examined andshall not be retained in court records.

313. Special Notaries to allow inspection ofindices and give certified copies.— (1) Subjectto the payment of fees as prescribed in thatbehalf, the indices maintained by the SpecialNotary, shall be open for inspection by any

person applying to inspect the same and

subject to the provisions of section 352 copies

of entries in such books shall be given to all

person applying for such copies.

(2) All copies given under this section shall

be signed and sealed by the Special Notary

and shall be admissible in evidence as proof

of the contents of the original documents. The

certified copy shall contain an endorsement

stating the number of the will or other

instrument in the index.

314. Power of the State Special Notary and

District Notary to superintend and control

Special Notaries.— (1) Every Special Notary

shall perform the duties of his office under the

superintendence and control of the District

Special Notary in whose District the office of

such Special Notary is situated.

(2) Every District Special Notary shall have

authority to issue (whether on complaint or

otherwise) any order consistent with this Act,

which he considers necessary in respect of any

act or omission of any Special Notary

subordinate to him.

(3) The State Special Notary shall have

authority to issue, whether on complaint or

otherwise, any order consistent with this Act

which he considers necessary in respect of any


980

act or omission of any District Special Notaryor any Special Notary subordinate to him.

CHAPTER XIX

Powers of the District Special Notary and SpecialNotary

315. Powers of the Special Notaries.— TheSpecial Notaries shall have powers to drawauthentic documents such as (a) public wills,(b) record of printed open wills, (c) instrumentsof consent to the will by the spouse of thetestator testatrix, as the case may be,(d)instruments of renunciation of inheritance, (e)record of approval of the closed wills, (f) antenuptial agreements, (g) deeds of declarationof heirship, (h) adoption deeds and (i) suchother acts which the Special Notary isauthorized to perform by law.

316. Power to administer oath.— The SpecialNotary shall have powers also to administeroath to a person, whenever necessary, inconnection with acts performed by him.

317. Incompetence to act.— The SpecialNotary shall not act in instruments and deedswhere he or his spouse is a party or attorneyor representative of a party or person havinginterest in the act or transaction; and alsowhere any of the ascendant, descendant of theSpecial Notary, or brother and relative in thesame degree or of his spouse is a party,interested party, attorney or representative ofany party or person having an interest in theinstrument or transaction.

318. Duty of the Special Notary.— TheSpecial Notary shall be bound to renderservices, when requested, which are withinhis competence.

319. When the Special Notary shall refuse toperform the act.— The Special Notary shallrefuse to perform the act:—

(a) If such act is forbidden by law;

(b) If the Special Notary doubts the mentalfaculties of any party, unless one of thewitnesses be a doctor and the Special

Notary records that such doctor hascertified that such party is in his full senses.

320. Refusal to perform an act.— (1) Orderof refusal to record reasons.— When theSpecial Notary refuses in writing to performan act, which he is empowered to do, he shallmake an order of refusal expeditiously andrecord his reasons for such order in his BookNo. IX and endorse the words “refused todraw” on the draft document, if any, ispresented, and, on an application made byany person who has an interest in causing itto be drawn, shall, without payment andunnecessary delay, give him a copy of thereasons so recorded.

(2) Application for reconsideration.— Theaggrieved party may call upon such Notary toreconsider his refusal.

(3) Duty to forward to the District SpecialNotary the application for re-consideration.—In the event the Special Notary does notreconsider the refusal within forty-eight hours,then he is bound to send the application forreconsideration to the District Special Notaryas Appellate Authority, along with therespective documents and his report whereinhe shall record reason for his refusal to performthe act. The District Special Notary shall givehis decision affirming, reversing or alteringsuch order within 3 days.

321. Order of the District Special Notary.—(1) If the order of the District Special Notarydirect the special notary to draw the documentand the party appears before the SpecialNotary within 30 days from the date of themaking of such order, the Special Notary shallcomply with it.

(2) Every District Special Notary rejectingthe appeal shall make an order and record hisreasons for such order in his Register of orderspassed in appeal; and, on an application madeby any person who has an interest in causingit to be drawn, shall, without payment andunnecessary delay, give him a copy of thereasons so recorded.

(3) No appeal shall lie from an order of theDistrict Special Notary.



981

322. Suit in case of party being aggrievedby order of the District Special Notary.— Anyperson aggrieved by an order of the DistrictSpecial Notary may file a suit in the civil courthaving jurisdiction over the area where theoffice of the District Special Notary is situatefor a decree directing the Special Notary todraw the document.

CHAPTER XX

Authentic Instrument in General

323. Who may be witnesses identifiers andcertifiers.— (1) The following persons cannotbe witnesses or identifiers or certifiers:-

(a) persons who are not in their full senses;

(b) minors;

(c) deaf, dumb and blind;

(d) the Special Notary and his spouse ortheir ascendants, descendants, brothers andsisters, brother-in-law, sister-in-law and hisstaff;

(e) persons directly interested in the deed;

(f) ascendants in the acts of thedescendants and vice versa;

(g) father-in-law or mother-in-law in theacts of the son-in-law or daughter-in-lawand vice versa;

(h) husband in the acts of the wife andvice versa;

(i) husband and wife together.

(2) A Special Notary may accept persons aswitnesses or identifiers who are either knownto him or who prove their identity by means ofany official document such as voters identitycard, PAN card, multi-purpose NationalIdentity card.

324. Requisites of authentic documents.—(1) The requisites of the authentic documentsare as follows:—

(i) the hour, date, month, year and theplace where the document was drawn orsigned when drawn outside the office andthe statement that the Special Notary wentthere at the express request of the party,

(ii) full name of the Special Notary, hisdesignation as such Special Notary, and theaddress of his office;

(iii) full names, age, marital status,professions and addresses of the parties,and of their attorney or representatives, ifthe latter intervened directly in the deed;

(iv) a reference to the powers of attorneyand other documents which prove they areattorneys or representatives, so also otherdocuments relating to the acts or which arepart and parcel of the latter, with the datesand other details which identify them. Thepower of attorney executed abroad shall becountersigned by the Indian DiplomaticAgent or the Consular services and shall beduly stamped by the Competent Collectorin Goa;

(v) the acknowledgement of the identityof the parties from his personal knowledgeor from the statement of the identifiers whoknow them;

(vi) reference of the oath taken by theinterpreters and the reasons which requiredtheir intervention and the manner in whichthe interpreters ascertained the wishes ofthe parties and explained to them thecontents of the documents;

(vii) full names, age, status, professionsand address of the witnesses, interpretersand identifiers and also of the persons whoread the documents at the request of theparties;

(viii) the statement of the party that hedoes not know to sign or cannot sign;

(ix) reference to the fact that the SpecialNotary has read aloud the document to theparties in the simultaneous presence of theparties, the witnesses and other personswho have intervened and of the reading bythe interpreter or by any of the parties orany other person at their request, whencompulsory;

(x) the errata memo describing thecorrections, interlineations, alterations,


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words struck through or if any erasuresbefore the signatures of parties, witnessesand Special Notary;

(xi) signatures of the parties at the end ofthe text when they know or can sign and ofthe witnesses and other persons who haveintervened;

(xii) signature of the Special Notary whichshall be made at the end of the document;

(xiii) the value of the notarial stamp affixedshall be mentioned in the instrument;

(xiv) the instrument shall be recorded inthe language of the court. Where the partydoes not know such language the pagewhere the instrument is written shall bedivided into two columns and in left columnthe instrument shall be recorded in thelanguage of the court and in the right inthe language known to the party. Thetranslator shall intervene in the instrumentand shall solemnly declare that thetranslation is true and correct.

The instrument shall be recordedcontinuously, without any blank space orblank line.

(2) The originals of powers of attorney givenby the parties to the attorneys for interveningin a Notarial act have to be produced beforethe Special Notary who shall place them orcertified copy thereof on record in his office.

325. How instruments are to be recorded.—(1) All instruments and deeds, including wills,endorsements and approvals shall be drawnby the Special Notary in black ink and allwords shall be recorded in extenso and figuresin words.

(2) Drawing of the instrument and deedshall be in the presence of two witnesses whoshall put their usual signatures at the end ofsuch deed or instrument.

(3) The identity of parties in all instrumentsand deeds including the wills, may be doneby any official identity card such voters identitycard, PAN card, multi-purpose NationalIdentity card or may also be done by witnesses

or on the personal knowledge of the SpecialNotary.

(4) Parties who know to write shall put theirsignatures as usual and also shall affix theirleft hand thumb impression. If there be no leftthumb the impression of right thumb shall beaffixed and in the absence of the right thumbalso the impression of any other finger, shallbe affixed and the finger used shall be specifiedby the Special Notary. In case affixation ofimpression of any finger is not possible or theparty is not able to put his signature, theSpecial Notary shall make mention thereof inthe deed and the deed shall be deemed valid.

(5) The Special Notary may appoint, at theexpense of the party, an interpreter ortranslator when he requires such assistance.

326. Dumb and deaf.— (1) Dumb or deafand dumb persons who know or can write shallstate in writing in the document, before theirsignatures, that they have read the deed andthat they admit or acknowledge that thedocument is in accordance with their wish.

(2) In case a party is dumb or is deaf anddumb who does not know or cannot write, thesigns with which he expresses his intentionsshould be understood by the witnesses andfurther an interpreter shall intervene in theacts. This fact shall be recorded in the deed.

(3) When one of the parties is blind, thedocument shall be read twice, once by theSpecial Notary and the second time by aperson appointed by the party. This fact shallbe recorded in the deed.

(4) The person appointed by the party shallintervene in the deed and solemnly declarethat the interpretation is true and correct.

CHAPTER XXI

Public Open Will

327. Identification of the testator and hiscondition.— The Special Notary as well as thewitnesses should know the testator or be ableto certify his identity and further, the SpecialNotary shall satisfy himself that the testator isin his perfect sense and free from coercion.



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328. Place, time and date of the Will.— Thewill shall be dated; indicating therein the place,hour, day, month and year and it shall be readout aloud in the presence of the said twowitnesses, by the Special Notary, and by thetestator, if he so wishes, and signed by all.

329. When a plan is attached to the Will.—Where the testator wishes to attach a plan tothe will, or deed of consent, the Special Notaryshall make an endorsement on the placerecording the name of testator, the booknumber, the page and date of the will. TheSpecial Notary shall also state at the end ofwill, the file number and serial number of theplan. The plan shall be dated and signed bythe testator, the witnesses and the SpecialNotary.

330. When the testator does not know or isunable to write.— When the testator does notknow to write or is unable to write, the SpecialNotary shall so record in the will .

331. When the testator is deaf.— When thetestator is entirely deaf but knows to read, heshall read his will, and, when he does not knowto read, he shall appoint a person to read thewill on his behalf, and in either case, in thepresence of two witnesses. The personappointed shall intervene in the instrument.

332. Formalities to be complied withoutbreak.— All the formalities in drawing a willshall be complied with without interruption inthe presence of two witnesses and the SpecialNotary shall state faithfully the manner inwhich the formalities were complied with.

CHAPTER XXII

Printed Open Will

333. Printed open will.— (1) (a) A testatorwho knows to read, may opt to present to theSpecial Notary a computer generated printoutof the operative part of his will on a standardpaper of the size 29.7 cms. x 21 cms. entitled‘open will’ and declare before the SpecialNotary that the printout contains his last wishin the presence of two credit worthy

witnesses, who shall identity the testator, andcertify that the testator is in his perfect sensesand free from coercion.

(b) The will shall be printed in double linespacing on one side of the paper only leavinga margin of 5 cm. on left side, 3 cms. on topand the bottom and one cm. on the right sideof the paper. The print shall be continuouswithout break between words and numbersshall be written in words

(c) After the title, the testator shall set outhis full name, occupation, marital status anddescription which shall contain the names ofboth the parents, his age and place ofresidence.

(d) All the open wills brought before theNotary, until they are preserved in a formof a bound book, as provided insub-section (7), shall be maintained in aprovisional file. In the same file, all the willsso presented shall be kept as per the serialorder of its presentation and their pagesnumbered serially.

(2) In the presence of the said witnesses,the Special Notary shall verify from the testatorwhether the will presented by him expresseshis last wish according to his intention andwhether the testator is in his perfect sensesand free from coercion. The Special Notaryshall, thereupon, record on the will thecontinuous numbers of the pages which itbears in the file maintained for preserving openwills. Every page shall be signed by thetestator, and the two witnesses to the will justabove the first line and below the last line inthe presence of the Special Notary. The SpecialNotary shall then make a record thereofimmediately next to the signatures on the lastpage of the will and it shall continue withoutinterruption on the same page and on thesubsequent pages.

(3) The record to be made by the SpecialNotary in the presence of the testator and thewitnesses shall the contain the following:—

(a) that the will was presented by thetestator in person and that the testatordeclared that it was his last wish;


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(b) that all the pages of the will weresigned by the testator and the witnesses inhis presence;

(c) state the number of pages the willcontains;

(d) make mention to any blot,interlineations, correction or marginal notein the will;

(e) that the testator was identified bywitnesses;

(f) that the testator was in his perfectsenses and wholly free from coercion;

(g) the number which the pages will bearin the file containing open will.

(4) The Special Notary shall read aloud inthe presence of the witnesses the willpresented by the testator and the record made,and after specifying the place, date, month andyear the record shall be signed by the testator,the witnesses and the Special Notary.

(5) The Special Notary shall then affix apassport size photograph of the testator,supplied by the testator, just below the recordmade by the Special Notary and he shall alsosign across the photograph and certify thatthe photograph is of the testator immediatelyafter all the formalities are completed, theSpecial Notary shall issue a certified photostatcopy of the will with the record made by him,to the testator and then shall file the will in thefile maintained for the purpose.

(6) The Special Notary shall enter theparticulars as provided in sub-section (2)above and of the date of the open will in a bookmaintained for the purpose.

(7) At the end of every 200 sheets, theDistrict Judge of the concerned district shallinitial all the pages of the wills contained inthe file and ensure that the sheets are boundin a book.

(8) The Special Notary shall reject theprinted open will presented by the testator ifthe said will is not written in the language of

the court or in a language commonly knownin the district or is written in a language notknown to the Special Notary. In this event,the testator may request the Special Notary todraw a public will.

CHAPTER XXIII

Closed Will

334. Presentation of closed will and approvalby the Special Notary.— (1) The testator shallpresent the closed will to a Special Notary inthe presence of two witnesses and declare thatthe disposition is his last will.

(2) Thereafter, in the presence of the saidwitnesses, the Special Notary, after having alook at the will but without reading it, shalldraw a record of approval. The record shallbe drawn immediately next after the signatureon the will and shall be continued withoutinterruption on the same page and on thesubsequent pages.

(3) The Special Notary shall draw a recordstating as follows:—

(a) whether the will is written and signedby the testator;

(b) whether it is initialled by the personwho has signed it;

(c) the number of the pages of the will;

(d) whether it has or does not have anyblot, interlineations, corrections or marginalnotes;

(e) whether the testator was identified;

(f) whether the testator was in his perfectsenses and wholly free from any coercion;

(g) whether the will was presented by thetestator in person in the manner requiredby law.

(4) The record of approval shall be read,dated and signed in conformity with theprovisions of the preceding sections 324 and325.



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(5) Thereafter and in the presence of thesame witnesses the Special Notary shall putthe will in a cover and seal it and draw up onthe external side of the cover, a note givingthe name of the testator whose will is sealed.

335. Record of the approval of the closedwill.— The records of approval of closed willsshall be made in the respective book. It shallcontain the details of the place, the day, monthand year, when the record of approval wasmade and the names and addresses of thetestator and the witnesses.

336. Failure to comply with formalities.— (1)A closed will in respect whereof the abovementioned formalities have not been compliedwith, shall not take effect and the SpecialNotary shall be liable to pay damages and besubject to major penalty by disciplinaryproceeding.

(2) Failure to record the number of pages ofthe will and whether it has any blot,interlineations, correction or marginal note,shall invalidate the will, provided that it has infact been initialled and it does not have anyblot, interlineations, correction or marginalnote.

337. Delivery of the closed Will.— Once thewill is approved and closed in a cover, it shallbe delivered to the testator and the SpecialNotary shall enter in his book a note recordingthe place where, and the day, month and year,when the will was approved and delivered.

338. Custody of the closed Will and itsdeposit with the Special Notary.— (1) Thetestator may keep the closed will with himselfor hand it over to a person of his confidenceor deposit it in safe custody of the SpecialNotary.

(2) The testator who wishes to deposit hiswill in any Special Notary’s office, shall handit over to the Special Notary and the SpecialNotary shall make a record of deposit or causesuch record to be drawn. The record shall besigned by him and the testator, in therespective book.

(3) On receiving such cover, the SpecialNotary, if satisfied that the person presentingthe same for deposit is the testator or his agent,shall record in the same book and on the saidcover the year, month, day and hour of suchpresentation and receipt, and the names of anypersons who may testify to the identity of thetestator or his agent, and any legibleinscription which may be on the seal of thecover.

(4) The Special Notary shall then place andretain the sealed cover in his fire proof box.

339. Who may deposit the Will.— The willmay be presented and deposited through anyattorney, in which case, the Power of Attorneyshall be annexed to the will.

340. Special power of attorney for return ofthe Will.— Such special power of attorney shallbe drawn by any Special Notary and signedby two witnesses in the concerned book.

CHAPTER XXIV

Opening of the Closed Will

341. Formalities to open a closed Will.— (1)The closed will shall be opened or made knownin the following manner.

(2) After the death of the testator has beenverified, or where an absent person has left awill, if the closed will is in the possession of aprivate person, or it is found amidst the effectsof the deceased, it shall be taken to a SpecialNotary who, in presence of the presenter andof two witnesses, shall cause a record to bedrawn of the opening of the will. The recordshall state in what condition the will was whenit was presented and whether it is or it is notin the condition described in the record whichwas drawn when the will was closed.

342. Proceedings on death of the depositor.—(1) If, on the death of the testator who hasdeposited a sealed cover under section 338,an application be made to the Special Notarywho holds it in deposit to open the same, andif the Special Notary is satisfied that the testatoris dead, he shall in the applicant’s presence


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and of two witnesses, open the cover, and atthe applicant’s expense cause the contentsthereof to be copied into his Book No. VI.

(2) When such copy has been made, theSpecial Notary shall re-deposit the originalwill.

343. Book of record.— The record mentionedin the preceding section shall be written in abook, the pages whereof shall be numbered,initialled and at the end signed by the DistrictSpecial Notary.

CHAPTER XXV

Registration of the closed Willafter opening

344. Registration of Will.— (1) Once therecord of the opening of the will is recorded inthe book, the Special Notary shall cause thewill to be registered by copying in extenso inan appropriate book by making a original notesigned by the same, the Special Notary, statinghow it was opened and registered andwhether any thing suspicious was noticed ornot.

(2) After the will is opened, all its pages shallbe initialled by its presenter or by theinterested parties present, by witnesses andby the Special Notary.

(3) The original of the will shall, thereafter,be kept in the office of the Special Notary insafe custody in charge of the Special Notarywho shall be responsible for it.

345. Withdrawal of sealed cover depositedunder the preceding section.— If the testatorwho has deposited the sealed cover under thepreceding section wishes to withdraw it, hemay apply either personally or by dulyauthorized agent, to the Special Notary whoholds it in deposit and such Special Notary, ifsatisfied that the applicant is actually thetestator or his agent, shall deliver the coveraccordingly. The will shall be returned to thetestator by following the formalities laid downfor the deposit of the will. A record shall bemade in Book No. VII.

CHAPTER XXVI

Instrument of Declaration of Heirship

346. Declaration of heirship.— (1) After thesuccession opens, and the law does notrequire that mandatory inventoryproceedings be instituted to partition theinheritance, heirship may be proved by a deedof declaration of heirship drawn by the SpecialNotary.

(2) Three persons and at least one of theinterested parties shall have to declare on oathbefore the Special Notary that the interestedparty or parties named by them are the onlyheir or heirs of the deceased. If such deceasedperson was married, the name of the spouseshall also be disclosed and whether the spouseis surviving or has expired. The interestedparty shall also declare in the act whether thevalue of the inheritance exceeds Rs. 10 lakhsor not shall disclose the names of the spousesof the heirs, if any.

(3) The declarants shall produce thefollowing documents:—

(a) death certificate of the deceased;

(b) will or gift deed mortis causa, whenthe succession is founded on suchdocument;

(c) document to prove the relationship ofthe heir or heirs to the deceased;

(4) Where a party is unable to produce abirth certificate, death certificate or a marriagecertificate issued by the authorities, the partymay produce an order or decree of the courtcertifying such birth, death or marriage or acertified copy issued by an institutionmaintaining such records.

(5) When all the interested parties areabroad, a constituted attorney with specialpowers may make the declaration requiredunder sub-section (2).

(6) A person, who under the provisions ofthis chapter is not competent to be a witnessand a person who is a successor of thepresumed heir, shall not be competent to be adeclarant.



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(7) If the declarants or the interested partyor parties or their attorneys, are found to haveknowingly made a false declaration, withregard to the particulars required undersub-section (2), they shall be liable for penalaction under section 191 and 199 of the IndianPenal Code (45 of 1860).

(8) The fact that any person has beenbrought on record in Court proceedings otherthan inventory proceedings as legalrepresentative of the deceased, shall notamount to a declaration of heirship.

(9) A deed of declaration of heirship shallbe sufficient evidence for the purpose of:—

(i) mutation;

(ii) transfer of shares;

(iii) withdrawal of money from a bank orother financial institution where the depositdoes not exceed Rs. 50,000/-. Provided thatwhere there is only one heir, there is norestriction on withdrawal of any amountfrom the deposit.

(10) The fee or duty on a deed of declarationof heirship shall be as prescribed, on eachinheritance opened, irrespective of thenumber of heirs.

(11) The Special Notary recording the deedof declaration of heirship shall, at the expenseof the interested party or parties, publishwithin 15 days, an extract of the declaration,disclosing the name and permanent residenceof the deceased and the names of theinterested parties and other identificationparticulars, in the Government Gazette. Whenthe value of inheritance exceeds Rs. 10 Lakhsin all, such extract shall also be published in anewspaper in circulation in the locality wherethe deed is drawn. The Special Notary shallrequire the interested party or parties toadvance the expenses towards the publicationof the notice.

(12) Any person claiming to be an heir ofthe deceased who has not been named in thedeclaration may file a suit for declaration of

heirship and consequential reliefs. If such suitis filed, a notice thereof shall forthwith begiven by the Court to the respective SpecialNotary or by the Plaintiff in the suit, enclosinga certified copy of the plaint.

(13) If the Special Notary has not receivedany notice from the Court or the Plaintiff, heshall, within 30 days of the publication of theextract, issue a certified copy of declaration ofheirship, which shall contain an endorsementthat no such communication of institution ofany suit has been received by him.

(14) Failure to file suit under sub-section(12), shall not deprive the aggrieved party tochallenge the deed of declaration within theperiod of limitation.

CHAPTER XXVII

Void Notarial Acts

347. Notarial acts when void.— (1) Notarialacts shall be void in the event of,—

(i) incompetence of the Special Notary asregards the subject and place;

(ii) failure to mention the day, date, month,year and place, however when it is possibleto ascertain which is the correct date,month, year and place from the context ofthe documents or other material availablein the office of the Special Notary, the nullityon the ground of failure to mention themshall not subsist;

(iii) absence of signature of the partieswhen they know to or can sign;

(iv) absence of signatures of twowitnesses at least when the law does notrequire more;

(v) failure to identify the party;

(vi) failure to mention the power ofattorney, if the act is done by the attorney;

(vii) absence of errata memo of thecorrections, interlineations, dashes orerasures made.


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However, words corrected, struckthrough or erased without errata memowhich do not amount to alteration of theessential terms of the respective instrumentor its context in substance, are deemed notwritten and do not result in nullity, providedthat the intention of the testator can begathered from the remaining part of the will.The same procedure shall be followed asregards words inserted without beinginitialled, notwithstanding that they mayresult in alteration of the meaning of the text.

(viii) absence of the signature of theSpecial Notary.

(2) Where a disposition is made in favour ofthe witnesses, certifiers or interpreters whohave intervened in public wills or in the recordof approval of sealed wills, only suchdisposition shall be void.

(3) Any act performed by the Special Notarycontrary to section 317 shall be void. However,public wills and records of approval of closedwills shall be excluded therefrom; in suchcases, of nullity shall be restricted todispositions made in favour of persons referredto in section 317.

CHAPTER XXVIII

Validation of Notarial Acts

348. Validation of Notarial Acts.— Notarialacts which are null on the grounds mentionedin clauses (iii), (iv) and (vi) of sub-section (1) ofsection 347 and which have not been initialledby the parties, may be validated by thecompetent court in a suit instituted for the saidpurpose by an interested party against theother interested parties and the Special Notary,on the following terms:—

(a) when in the circumstances mentionedin clause (iii) of sub-section (1) of section347, it is proved that respectable personsare required by law were present;

(b) when in the circumstances mentionedin clause (iv) of sub-section (1) of section 347the identity of the party to the instrument isproved;

(c) When in the circumstances mentionedin clause (vii) of sub-section (1) of section347, it is proved that the deed was writtenin his hand by the Special Notary or by theJoint Special Notary in terms of sections 324and 325 and a certified true copy, signed bythe Special Notary or by the Joint SpecialNotary is issued:

Provided that:

(i) Public wills or record of approval ofclosed wills where a mention as to the formalrequirement set out in the body of thissection is made, may be validated when inthe respective suit it is proved that theabove requirements had been compliedwith;

(ii) The decree validating the documentsshall be endorsed in the respective deed onapplication of the parties or by the SpecialNotary suo motu;

(iii) Notwithstanding such validation, theSpecial Notary shall be liable for the lossescaused and shall also be liable todisciplinary proceedings and the damageswhich he is liable to pay, may be determinedin the above mentioned suit.

CHAPTER XXIX

Civil Liability of the Special Notary

349. Liability to disciplinary proceedings.—(1) A Special Notary is liable to disciplinaryproceedings:—

(i) when he loses or destroys any books,registers or documents of his office orwillfully allows them to be lost or destroyed;

(ii) when he refuses to perform hisfunctions at the right time without justcause;

(iii) where his act is declared false and heis responsible for the falsification;

(iv) when he issues certified copy whichis not as per the originals;

(v) when his act is declared void by acourt on the ground of lack of jurisdiction ofthe Special Notary;



989

(vi) when his act is declared void by acourt on the account of incapacity of theparties or their attorneys or representatives,and if he had knowledge of their incapacityat the time the act was performed;

(vii) when his act is declared void by acourt for lack of competence of thewitnesses and he had knowledge of suchfact at the time the act was done;

(viii) when his act is declared void for non-compliance with formal requirement, ongrounds other than the lack of competenceof witnesses;

(ix) when his act is declared void onaccount of coercion, and if he hadknowledge of the coercion at the time theact was performed or he was a party to thecoercion;

(x) when his act is declared void on theground that he has intentionally induced aparty into a mistake.

(2) The Special Notary shall be liable todisciplinary proceedings for any act done inthe discharge of his duties in cases not coveredin sub-section (1), when the liability arisesfrom a criminal proceeding.

350. Insufficiency of stamp.— No documentor instrument including a will drawn by theSpecial Notary shall be invalidated on theground that it is not duly stamped or that it isinsufficiently stamped.

351. Discretion to state the provision andaccept a draft.— (1) It is open to the SpecialNotary while drawing an act, to make mentionof the legal provision under which the act isdone if the parties plead that such mentionwould better clarify their intention.

(2) It is open to the parties to submit to theSpecial Notary the proposed draft of the deedwhich they want the Notary to draw. TheNotary shall draw the act in the mannershown in the proposed draft if he is satisfiedthat it conveys better the intention of theparties. The said draft, after being initialled

by the Notary, shall be returned to the partywho gave it, unless the party desires that thesame may be kept on record. Whenever suchdraft is kept on record, it shall be initialled byall parties who know and can initial it.

CHAPTER XXX

Certified Copies

352. Who may apply.— Any person mayapply for certified copies of the wills, entriesin the registers, instruments and documentsrecorded in the office of the Special Notary.However, during the lifetime of the testator,certified copies of public wills, deeds ofrevocation of wills, records of deposit of closedwills, records of approval of closed wills, recordof open printed wills shall be issued only onthe application of the testator himself or by hisattorney with special powers. After the deathof the testator, such certified copies shall beissued to any person upon production of thedeath certificate of the testator and anendorsement to that effect shall be made inthe margin of the page where the records orwill are written, unless such endorsement hasalready been made.

353. To whom certified copy may bedelivered.— A certified copy obtained underthe section 352 shall be delivered to theapplicant, either in person or to his dulyauthorized agent.

354. Time limit to issue certified copies.—The Special Notary shall issue the certifiedcopies, within a period of ten days, onpayment of the prescribed fees. When anurgent certified copy is applied for, it shall beissued upon payment of such extra fees as maybe prescribed, within two days.

355. When a reference is made to otherdocuments in the main instrument.— Whenin any instruments drawn up by the SpecialNotary, a mention is made to a power ofattorney or to a deed delegating powers or toany other document which is on record,certified copy of such document shall beissued along with the certified copy of themain instrument drawn up by the SpecialNotary.


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356. When a reference is made to a drawingor plan in the main instrument.— A certifiedcopy of a deed or instrument, in which areference is made to a drawing or a plan whichis on record, shall be accompanied by acertified copy of such drawing or plan. Forthis purpose, the Special Notary shall appointan expert to prepare a copy thereof and theSpecial Notary shall issue the certified copyonly after comparing it with the original. Thefees payable to the expert shall be borne bythe party applying for the certified copy, andsuch fees shall be fixed by the Special Notary.

357. Manner in which certified copy is to beissued.— (1) No certified copy shall be issuedby the Special Notary leaving any blanks orcontaining any abbreviations or figures andall pages shall be numbered serially.

(2) The date on which and the place at whichthe certified copy is issued shall be recordedtherein.

358. When there are interlineations, erasuresand corrections.— Where there are anyinterlineations, erasures, corrections made orany line drawn in the body of the instrument,a footnote shall be recorded describing themimmediately following the body of the maintext.

CHAPTER XXXI

Fees

359. Fees be fixed by the StateGovernment.— The State Government shallprepare a table of fees payable for theinstruments drawn by the Special Notary.

360. Publication of fees.— A table of fees sopayable shall be published in the OfficialGazette and a copy thereof shall be exposedto public view in every office of the SpecialNotaries.

CHAPTER XXXII

Penalities

361. Penalty for incorrectly recording,endorsing, copying, and translatingdocuments with intent to injure.— (1) Every

Special Notary appointed under this Act andevery person employed in his office for thepurposes of this Act, who being charged withdrawing, endorsing, copying, or translating adocument, does so in a manner which heknows or believes to be incorrect, intendingthereby to cause or knowing it to be likely thathe may thereby cause injury as defined in theIndian Penal Code (45 of 1860), to any person,shall be punishable with imprisonment for aterm which may extend to seven years andshall also be liable to fine.

(2) Every Special Notary appointed underthis Act and every person employed in hisoffice for the purposes of this Act, who hasaccess to the documents, books and registersmaintained in his office, remove, mutilate,destroys or make any alteration theretointending thereby to cause or knowing it tobe likely that he may thereby cause injury asdefined in the Indian Penal Code (45 of 1860),to any person shall be punishable withimprisonment for a term which may extendto seven years and shall also be liable to fine.

362. Penalties for making false statements,delivering false copies or translations, falsepersonation and abetment.— Whoever,—

(a) intentionally makes any falsestatement, whether on oath, or not, whetherit has been recorded or not, before anyofficer acting under this Act;

(b) intentionally delivers to any officeracting under this Act, a false copy ortranslation of a document or a false copy ofa map or plan;

(c) personates another before any officeracting under this Act;

(d) abets anything made punishableunder this Act,

shall be punishable with imprisonment for aterm which may extend to seven years andshall also liable to fine.

363. Thing bonafide done or refused in hisofficial capacity by an officer acting under thisAct.— No officer acting under this Act shallbe liable to any suit or claim or demand by



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reason of anything in good faith done orrefused in his official capacity.

364. Nothing so done is invalidated by defectin appointment or procedure of appointmentof an officer acting under this Act.— Nothingdone in good faith pursuant to this Act by anofficer under this Act shall be deemed invalidmerely by reason of any defect in hisappointment or in the procedure of hisappointment.

CHAPTER XXXIII

Miscellaneous

365. Ex officio powers and acts to be doneafter office hours.— (1) The District Registrarsand Sub-Registrars appointed under theRegistration Act, 1908 (16 of 1908), shallex officio exercise the powers and functions ofDistrict Special Notaries and Special Notariesunder this Act.

(2) The State Registrar appointed in theRegistration Department of the StateGovernment shall be the ex officio State SpecialNotary and shall have power of generalsuperintendence and control over the SpecialNotaries and District Special Notaries, unlessthe State Government deems it necessary toappoint a State Special Notary exclusively forperforming functions as stated as above.

(3) No Special Notary shall be bound to drawany instrument beyond the normal office hoursor on Sundays or on holidays, unless there isan emergency. The Special Notary shall,where he is required to work beyond thenormal office hours, be paid by the personrequiring such work, such over time fees asmay be fixed by the Government, bynotification. The Special Notary shall also beentitled to adequate police protection for hispersonal security and the security of theNotarial books.

PART IV

Inventory Proceeding

CHAPTER XXXIV

Types of Inventory Proceedings

366. Mandatory Inventory.— When a persondies leaving a surviving spouse or an heir, any

one of whom is an interdict, absent person,unknown, or minor, inheritance shall bepartitioned, by instituting inventoryproceeding only, which shall be calledmandatory inventory proceeding.

367. Optional Inventory.— Where theinterested parties do not fall in any of thecategories mentioned in section 366, theparties may institute inventory proceeding topartition the inheritance, which shall be calledas optional inventory proceeding.

368. Inventory upon divorce, or separationor annulment of marriage.— (1) After thedivorce or separation of persons or annulmentof marriage is decreed, the spouses maypartition their assets by instituting inventoryproceeding which shall be miscellaneousproceeding appended to the suit for divorce,separation of persons or annulment.

(2) Separation of assets in special cases –debts of spouse, insolvency and bankruptcy;

(a) Wherever any spouse seeksseparation of common assets or where eitherspouse is declared as insolvent or bankrupt,the procedure specified in sub-section (1)shall be followed with the followingmodification:—

(i) the creditor of the indebted spouseor any creditor in case of insolvency orbankruptcy shall have the right toprosecute the inventory;

(ii) debts which are not proved bydocumentary evidence shall not beapproved;

(iii) the other spouse has the right tochoose the assets which shall constitutehis or her moiety. If such right is exercised,notice thereof shall be given to thecreditors who may object to the choicegiving the grounds on which suchobjections are based.

(b) Where the court upholds the objectionof the creditors, the court shall order that asecond valuation of such assets as have not


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been properly valued be done by threevaluers appointed by the aggrieved spouse,the creditor and the court.

(c) When the second valuation modifiesthe value of the assets chosen by theaggrieved spouse, he/she may within 10days from the conclusion of the appraisal,withdraw from the choice exercised.Thereupon, the moieties shall be allotted bydraw of lots.

369. Inventory where a party dies after

allotment in Inventory proceeding which was

finally disposed of.— Where, after the partition

is effected in any inventory, any interested

party dies leaving no assets other than those

that have been allotted in the inventory, such

inheritance shall be partitioned in the same

inventory proceeding that was finally

disposed. The person to whom the office of

head of family belongs shall take oath of office

and the procedure set out hereafter shall be

applicable.

370. Inventory upon death of the survivingspouse.— (1) Where the inventory of apredeceased spouse is concluded, theinventory on the death of the surviving spouseshall be continued in the former inventoryproceeding.

(2) In the event there are additional assetsin the proceeding referred to in sub-section(1), their serial number shall be in continuationof the last item in the former inventoryproceeding.

(3) Where, after allotment or after the deathof the surviving spouse, inventory proceedingis instituted, the assets which have beenalready valued in the prior inventory need notbe valued again in the subsequent inventory,unless there are strong grounds to believe thattheir value has changed. In the event ofchange of value of currency, such change shallbe taken into consideration. In addition to thevaluation already made, due description ofassets previously made shall be retained. Ifseparate inventory is filed, the description shallbe reproduced in the separate inventory.

371. Additional partition.— (1) Where, afterthe conclusion of an inventory, it is found thatsome assets are left out, such omission per seis not a ground to set aside the partition. Anadditional partition shall be effected of theassets left out in the same proceeding if theparties do not opt for partition by deed. In noother case, the inheritance shall be partitionedpiecemeal.

(2) Where, at the time of the inventory onthe death of the surviving spouse, it is foundthat some assets were left out in the inventoryof the pre deceased spouse, such assets shallbe described and partitioned in the inventoryof the surviving spouse.

372. Inventory in the event of dissolution of

joint family.— (1) When a joint family as

governed by Decree dated 16-12-1880 is

dissolved, the estate may be partitioned by

instituting inventory proceeding and the

procedure hereafter provided shall be

applicable.

(2) The member of the joint family who wasin the charge of management of its assets shallbe the head of the family.

(3) The general rules that regulate partitionamong co-heirs shall be applicableto partitions amongst the members of thefamily.

CHAPTER XXXV

Jurisdiction

373. Jurisdiction.— (1) The court havingjurisdiction over the place where thesuccession opens is competent to entertaininventory proceeding for—

(a) partition;

(b) declaration of a person as heir orrepresentative of the deceased.

(2) The place of the opening ofthe succession shall be determined asfollows:—



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(i) If the deceased had a permanentresidence in the State of Goa, thesuccession opens at the place of hispermanent residence;

(ii) If the deceased did not have apermanent residence in Goa, the successionopens where his immovable properties aresituated in Goa. If his immovable propertiesare situated at different places in Goa, thesuccession opens where the major part ofthese properties are situated. Such majorpart is calculated on the basis of the valueof the properties.

(iii) If the immovable properties of thedeceased who was governed by this Act aresituated partly in Goa and partly outsideGoa, the succession opens in Goairrespective of the value of the properties;

(iv) The succession of a person, who diedoutside the State of Goa, and he did not havea permanent residence in Goa, nor did heown any immovable properties in Goa buthas movables in Goa, opens at the placewhere major part of the movable assets arelocated;

(v) If the deceased did not have apermanent residence nor immovableproperties in Goa, the succession opens atthe place where he died in the State of Goa.

(3) The rule that the Court competent toentertain the inventory proceeding is theCourt where the inheritance opens is subjectto the exceptions that the court in which theinventory was instituted upon the death of oneof the spouses shall have jurisdiction toentertain the petition for inventory which mayhave to be initiated upon the death of thesurviving spouse, unless the marriage iscontracted under the regime of absoluteseparation of assets.

374. Consolidation of inventories.— (1) Itshall be lawful to consolidate inventories inorder to partition assets comprised in differentinheritances:—

(a) when the persons among whom theproperties are to be partitioned are thesame;

(b) when the inheritances left by both thespouses are to be partitioned.

(2) Where the partition is dependent uponone or more other partitions:—

(i) If the dependence is total because inone of the partitions there are no assetsother than those, which are to be allotted tothe deceased in the other, the applicationfor consolidation shall not be refused;

(ii) If the dependence is partial becausethere are other assets, the application forconsolidation shall be decided, taking intoconsideration the interests of the partiesand the smooth course of the proceeding.

(3) Lack of pecuniary or territorialjurisdiction to entertain one of the inventoriesshall not be a bar to the grant of an applicationfor consolidation even if, in one of theinventories, there are heirs under disability.

CHAPTER XXXVI

Head of the family

375. Petition.— (1) Inventory proceedingshall be instituted by presenting a petition.Such petition may be presented by theinterested party in person or through a dulyconstituted attorney. Any party or, where aparty is subject to orphan’s jurisdiction, thepersonal representative of the person underdisability shall present the petitionaccompanied by the death certificate of theestate leaver.

(2) Where the death of the estate leaver hasnot been registered, other admissible evidencemay be adduced.

(3) The words “interested party” mean heir,moiety holder of the deceased, the executorin a will where there are minor, interdicted orabsent heirs or legatees and the persons whohave the right to usufruct of a part of theinheritance without specifying its value or thething, and also the executor.

(4) The petition shall set out the name,address, locus standi of the petitioner, the name


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of the estate leaver, facts determining thejurisdiction of the court, value of theinheritance, identification of the person whowill discharge the functions of the head of thefamily and whether there are heirs subject toorphan’s jurisdiction.

376. Order of appointment of head of thefamily.— (1) When the petition is duly filed,the court may hold an inquiry to decide whoshall hold the office of head of the family andshall upon considering the petition anddocuments accompanying it, appoint a personas the head of family and notify him to takeoath that he shall discharge his dutiesdiligently and faithfully and make a declarationstating:—

(i) the name and status of the estate leaver,date on which and the place where he died;

(ii) the name, status, age and capacity ofthe heirs, testamentary or legal, withoutexcluding those who are known to havebeen conceived and the degree of kinshipof the legal heirs;

(iii) whether the estate leaver has left awill or a gift and , if so, the head of the familyshall produce the original or a certified copyof the will or of the gift deed;

(iv) whether the estate leaver wasmarried and, whether there was an ante-nuptial agreement and if so, he shallproduce a certified copy of the agreement;

(v) where a party is subject to orphan’sjurisdiction, the names of persons who shallconstitute the family council. The court mayaccept or reject the proposed names;

(vi) whether there are assets to becollated and give the names of theconferees. The head of the family shall alsogive the names and addresses of the legateesand of the creditors;

(vii) what are the assets of inheritance.

(2) At the time of the head of the familymakes the declaration, he shall produce thecertified copy of the renunciation deed if any,

and such other document as may be relevantto the case.

(3) Where the head of the family makes areference to any document in his declaration,he shall, whenever possible, give particularsin respect of date of the original document,place where drawn or registered and thenumber of registration with book number andpage.

(4) The declaration of the head of the familymay be made by affidavit, copies of which shallbe supplied to all the interested parties andmay be accompanied by a list of assets and bydocuments.

377. Inquiry for appointment of head of thefamily.— Where the court is satisfied upon aperusal of the declaration the personappointed as head of the family that the officebelongs to another person, the court shall,upon inquiry, if necessary, appoint such otherperson as the head of the family.

378. Evidentiary value of the declaration ofthe head of the family.— (1) The declarationsof the head of the family, given both initiallyand subsequently, are presumed to be trueuntil the contrary is proved, unless they aremade in his own interest or they are in respectof facts which are required by the law to beproved in a particular manner or whichrequire the agreement of all or of the majorityof the parties.

(ii) The function of the head of the familyshall not be performed through a constitutedattorney, unless there is no other interestedparty available in the country for suchappointment, or if all the parties or theirrepresentatives consent to such appointment.

(3) Where the functions of head of the familyare performed by a constituted attorney, suchfunctions, including statement made, shallbind the principal and he shall be held liablefor all legal consequences as if such acts ofcommission or omission were performed byhim.



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379. Rights and Duties of the Head of thefamily.— (a) The head of the family, as managerof the estate, shall receive all income andprofits of the assets in his possession and shallmeet the normal liabilities of the inheritanceand shall every year render accounts to thecourt, in the miscellaneous proceeding, incase the usufruct of the assets does not belongto him.

The head of the family is bound to renderaccounts from the date he takes charge of theassets of the inheritance and to deposit thebalance amount in a Nationalized Bank, afterthe amount required to meet the expenses formanagement of the assets is deducted. Anysum handed over to the heirs under section252 shall be included in the expenses.

(b) The head of the family shall notalienate any of the assets of the inheritanceexcept fruits and other perishable articles.However, the head of the family may createa lease of a temporary nature which shallcome to an end upon the conclusion of theinventory proceeding.

(c) The head of the family shall be boundto defend and protect the estate.

(d) The head of the family shall take suchlegal steps as may be necessary to recoverdebts payable to the inheritance when theyare likely to become time barred, and in casethe head of the family files a suit for recoveryof a debt, any of the co-heirs may apply tothe court that he be made a party to theproceeding.

(e) The creditors of the inheritance maysue the head of the family to secure apreventive relief. But, in a matter relatingto title to the properties or to recovery ofdebts, he shall not be so sued withoutimpleading all the co-heirs.

(f) The head of the family is entitled to bereimbursed for the expenses incurred byhim on account of the estate, with interestthereon; but he shall not be liable to payinterest in respect of the amount received

by him on account of the estate, except fromthe time he is in default.

380. Concealment of assets by head of thefamily.— Assets are deemed to be concealedwhen the head of the family fraudulently doesnot include an asset of the inheritance in thelist of assets or denies that such asset is partof the inheritance and a complaint is made tothe court in this regard.

381. Consequences of concealment.— (a)Where the head of the family has concealedassets, he shall forfeit any right he may haveto the assets concealed in favour of the otherheirs.

(b) Where the head of the family hasconcealed the title deeds necessary to knowthe nature or the charges of the assets, heshall be liable for damages resulting fromsuch concealment.

382. Consequence of giving a list of assetsbased on false documents.— Where the headof the family has included in the list of assetsand liabilities, credits, rights or charges basedon sham, false or forged documents, he shallbe liable for the damage caused.

383. Duration of office of head of thefamily.— The head of the family shall continueto manage the estate till the order ofhomologation becomes final.

384. Removal of the head of the family.— (1)The head of family may be removed when he,—

(i) delays in filing the list of assets andliabilities,

(ii) fails to indicate to the valuers theassets which are to be evaluated,

(iii) does not appear in court, whenrequired;

(iv) does not produce the requireddocuments;

(v) does not give declarations orstatements which are required from him; or

(vi) does not manage the assets with zealand prudence.


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(vii) in any other manner fails to dischargethe duties of the office.

(2) Any party or, in case the inventory isof orphan’s jurisdiction, the personalrepresentative, may apply for the removal ofthe head of family. The court shall then hold asummary inquiry with a short notice to thehead of the family wherein not more than 3witnesses shall be examined by either side.

(3) When the head of family is removed,another shall be appointed in accordance withthis Act and the provisions of section 376 shallbe thereafter complied with.

(4) Where the cause for the removal of thehead of the family is his failure to do an act forwhich he was duly notified, the head of thefamily shall be liable to be punished fordisobedience of order of the court as providedin Order XXXIX Rule 2-A of the First Scheduleto the Code of Civil Procedure, 1908 (5 of 1908).

(5) Where the removal takes place after thefamily auction (licitation), the successfulbidders may apply that the respective assetsbe delivered to them. The successful biddershall be considered to be the head of the familyin respect of the assets, which are deliveredto him.

(6) The above provisions shall be applicableto the person who has the duty to collate, andfails to discharge his duties of special head ofthe family in respect of the assets which hehas to collate.

385. Discharge of the head of the family fromholding office.— (1) The head of the family mayapply that he may be discharged from holdingthe office:—

(a) when he is seventy years of age orabove;

(b) when he is unable to perform hisfunctions properly on the grounds of illhealth;

(c) when he resides outside thejurisdiction of the court.

(d) when the functions as head of familyare incompatible with the functions of thepublic post he is holding.

(2) The application for discharge shall bedecided upon a summary inquiry.

CHAPTER XXXVII

Hearing

386. Hearings in the inventory proceeding.—(1) All hearings in the inventory proceedingshall be in open court and a record (roznama)of every hearing shall be maintained.Whenever the court prepares a chart ofpartition, preliminary chart of partition orother document, the same shall be preparedexpeditiously and a copy thereof shall besupplied to the parties or their Advocates, onthe next date of hearing.

(2) Copies of the list of assets and of allapplications, written replies and objectionsfiled by a party, shall be supplied by such partyto the other interested parties present for thehearing, and their acknowledgment of receiptbe obtained.

387. Prosecution of inventory.— (1) Wherethe court is satisfied upon perusal of thedeclaration of the head of the family that thereis no ground for the inventory to proceed, thecourt shall drop the proceedings after hearingthe head of the family.

(2) Where the court is satisfied that theinventory is maintainable, it shall fix a date forthe submission of the list of assets and forproduction of such documents, which the headof the family was unable to produce earliernotice of which shall be given to the head ofthe family.

(3) The court shall order that first summonor original process be served on the moietyholder of the estate leaver, on the heirs, on theirspouses, unless they are married under theregime of absolute separation of assets, on thelegatees and the creditors. Summon is notrequired to be served on the head of the family,



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notwithstanding that he is an heir orrepresentative of an heir.

(4) Notice shall be issued to the donee,whether he is bound to collate or not, to appearon the date fixed for taking oath that he willdischarge his duties as special head of thefamily in respect of the assets which havebeen gifted to him.

(5) Failure to serve the first summon on theheirs, or on their spouses, or the moiety holdershall render all proceeding subsequent to theinitial petition null and void. The applicationfor annulling the proceeding may be filed inthe inventory court at any stage of the nullityis discovered.

(6) Where a mandatory inventory has beeninstituted on the ground that a party is absent,if the court is satisfied, upon perusal of thedeclaration of the head of the family and afterhearing the applicant, or on the basis of officialinformation, that the party is at a specific placewithin the country, or in a foreign country,such proceeding shall be dropped.

(7) Where the head of the family declares,or record discloses, that there are unknownlegatees and creditors, they shall be servedby substituted service by affixing the summonin some conspicuous place in the court house.

(8) The first summon shall bring to the noticeof the parties the next date of hearing, on orbefore which, they may file objections, if any,and such summon shall be accompanied by acopy of the declaration of head of the family oflist of assets, if any, submitted by the head ofthe family.

(9) When any of the interested parties isunder disability, the court shall appoint apersonal representative for him before orderingthe issuance of first summon.

388. Proceeding in absentia.—The inventoryshall proceed in the absence of the parties who,after having received the first summon ornotice of the proceeding, do not attend theCourt personally or through their advocates

and said parties shall not be entitled to anyfurther notice of any stage of the proceeding.However, such parties, who reside within thejurisdiction of the Court, shall be given noticeof the licitation and homologation at theregistered address. Unless after the serviceof summon, a party files a memo of hisregistered address within the jurisdiction ofthe court, which is different from the addressgiven by the head of the family, the latter shallbe deemed to be registered address of theparty. Where a party files a registered address,he shall state the house number, street name,ward name, village or city.

389. Parties under disability.— (1) A partyunder disability shall be represented in theinventory by his natural guardian. A guardianad litem shall be appointed to represent aparty under disability only when his naturalguardian representative has an adverseinterest.

(2) A curator ad litem shall also be appointedto represent a party absent at an unknownplace, when the said party does not put inappearance or when no curator has beenearlier appointed to look after his interest.

(3) When the party under disability can berepresented by his parents, no family councilshall be appointed and its functions shall beperformed by the parents.

(4) Where the inventory proceeding areconcluded and it is necessary to make aprovision for the management of the assetsallotted to a person absent at unknown place,the said assets shall be entrusted to the curatorad litem who has been already appointed,upon his furnishing a security, when deemednecessary. Such curator shall have powers tomanage the assets only and has the duty toact as a prudent man and he shall renderaccounts every year.

(5) Where a personal representative isalready appointed by a competent court undera special law, such personal representativeshall be personal representative for theinventory proceeding. Where such personal


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representative has an adverse interest to suchparty, the court shall appoint a guardianAd litem.

(6) Where the disability arises from insanity,the insanity shall be proved by a certificateissued by the Director of any Institute ofPsychiatry and Human Behaviour, where theparty is an internee of such an Institute. Inother cases, the insanity shall be proved bycertificate issued by two Psychiatrists or byreferring the concerned party to the nearestInstitute of Psychiatry and Human Behaviour.

390. Discharge of guardian, etc.— (1) Whenthe guardian, guardian ad litem, curator adlitem, member of the family council, or theadministrator wishes to be discharged as such,he shall present an application giving thegrounds for seeking discharge and file a list ofwitnesses and documents on which he relies.

(2) The court shall, after recording evidence,if necessary, and hearing the parties, passappropriate orders.

391. Discharge or removal of guardian, etc.—(1) Any member of the family council, orrelative or the guardian up to the sixth degree,may apply on grounds set out in the applicationthat the guardian be discharged or removedfrom office.

(2) The respective guardian shall be givennotice to give his say and upon hearing theparties the Court shall pass appropriate orders.

392. Composition of the Family Council.—(1) The family council shall consist of threemembers, wherever possible, one from thepaternal side, second from the maternal sideand third one from either side.

(2) The members of the family council shallbe chosen from amongst the relatives of theperson under disability having regard to theproximity of relationship, friendship, qualities,age, residence and interest shown by them inthe person under disability.

(3) The family council may be reconstitutedwhen a relative with better rights applies tothe court that he be included in substitution

of another member. All resolutions and actionstaken earlier by the previous family councilshall be saved.

(4) Where there is a conflict of interestbetween the person under disability and thenatural guardian, spouse or ascendants ordescendants, the person under disability shallbe represented by a guardian ad litemappointed by the court.

393. Death of moiety holder or heir duringthe pendency of the proceeding.— (1)Inventory proceeding shall not abate byreason of death of the moiety holder or any heir.

(2) Where the moiety holder or any heir diesbefore the final disposal of the inventory, thehead of the family shall make an application tobring the heirs of the deceased on record, andafter a supplementary declaration of the headof the family is recorded, summon shall beserved on the persons proposed to be madeparties.

(3) Both the persons summoned and theparties notified may dispute the status of thepersons as heirs sought to be impleaded, onor before the next date of hearing.

(4) If no such dispute is raised, the personsindicated by the head of the family shall beconsidered as heirs, without prejudice to theprovisions of section 395.

(5) Where any creditor or legatee servedwith summon in the inventory proceedingdies, his heirs may make an application to getthemselves impleaded by following theprocedure prescribed in section 395.

394. Challenge to the maintainability of theproceeding and other objections.— (1) Any ofthe parties may on the date of hearing butwithin 30 days from the receipt of thesummon,—

(i) challenge the maintainability of theinventory proceeding;

(ii) contend that any of the parties to theinventory is under disability;



999

(iii) dispute their own locus standi or thelocus standi of any other party who has beenserved with summon, unless they have beenserved with the summon as creditors;

(iv) challenge the competence of the headof family to hold such office;

(v) apply that the partition should berestricted to certain assets on the groundthat the remaining assets have been legallypartitioned only.

(2) The application and the objections shallalso state what evidence is proposed to be led.The Court shall, after such evidence is led andupon hearing the parties, decide the dispute.

(3) Where the challenge or dispute is raisedbefore the service of summons on all the heirs,no order shall be passed thereon withoutcompletion of the said service.

(4) When the competence of the head of thefamily appointed during the proceeding, ischallenged, the provisions of this section shallbe applicable.

395. Application to be declared interestedparty, legatee or creditor and to be made partyto the proceeding.— (1) Any person may, atany stage of the Inventory proceeding, applythat he may be impleaded as interested party,legatee or creditor. Such application shall beaccompanied by documents and a list ofwitnesses relied upon.

(2) The vendee of a share in an undividedinheritance may at any stage of the inventoryproceeding, before the licitation takes place,apply that he may be impleaded as interestedparty and such application shall beaccompanied by documents and a list ofwitnesses relied upon.

(3) The head of the family and the partiesmay give their say along with documents andlist of witnesses to be relied upon. Afterrecording evidence, if any, and hearing theparties, the Court shall pass appropriateorders, including on the validity of the sale ofthe share.

396. Intended sale of a share in an undividedinheritance.— Where a co-heir or a moietyholder intends to sell his respective share ormoiety in an undivided inheritance tostrangers institutes inventory proceeding toenable the parties entitled to pre-empt toexercise their right and shall state in theapplication initiating the proceeding the priceand conditions of the proposed sale. Upon suchinventory proceeding being initiated, thecourt shall proceed to appoint the head of thefamily, and where necessary, appointguardians, curators or the family council, andthereupon, convene a conference of theinterested parties solely for the purpose ofexercising the right of pre-emption. Theprocedure laid down in section 398 shallmutatis mutandis be followed.

397. Sale of share in the undividedinheritance.— Where any of the heirs has soldhis undivided share in the inheritance to astranger, or the moiety holder has sold hismoiety, without notice to the co-heirs, theco-heirs may exercise the right of pre-emptionin the inventory proceeding within 60 daysfrom the date of notice of the application bythe vendees to be brought on record.

398. Order of priority and procedure.— (1)The order of priority to exercise the right ofpre-emption shall be as follows:—

(i) all the co-heirs jointly in a conference;

(ii) the moiety holder;

(iii) individual heir.

(2) Where such an application is made bythe vendee, the head of the family or any heirmay apply to the court that a conference of allinterested parties be convened to resolvewhether all the co-heirs jointly wish toexercise their right of pre-emption in favour ofthe inheritance. Where such right is notexercised, and upon moiety holder also failingto exercise such right, the heirs may exercisetheir individual rights in accordance with thesucceeding sub-section.

(3) (a) Where more than one heir wishes toexercise the right of pre-emption, the largestshare holder shall have preference.


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(b) If any interested party expressly pre-empts and, then, fails to make the paymentor deposit the price within 15 days time, heshall forfeit his right. Such failure shall bebrought to the notice of next largestshareholder, who has exercised the right ofpre-emption, and he shall have to make thepayment or deposit the price, within 15 daysfrom the date of receipt of the notice, and soon.

(c) Where the shares are equal, all thosewho applied for pre-emption, shall besummoned to appear in court for licitation.Minutes of the licitation shall be drawn andthe highest bid of each bidder shall berecorded. The highest bidder shall make thepayment within 15 days from the date of thelicitation, failing which he shall forfeit hisright. Such failure shall be brought to thenotice of the next highest bidder who shallhave to make the payment or deposit theprice within 15 days from the date of receiptof the notice and so on.

CHAPTER XXXVIII

Initial list of Assets

399. Initial list of assets.— (1) The assetsshall be listed by the head of the family itemwise starting with debts due to the estates,securities, actionable claims, money, foreigncoins, objects of gold, silver and preciousmetals and such other objects and thereafterall the remaining movables and livestock,the immovables, including mortgages,easements, leases and other encumbrancesthereon and lastly debts due by the estate.

(2) A space of about 5 cms. shall be keptbetween the items.

(3) Separate lists shall be prepared of theassets, which are to be valued by differentpersons and by different methods.

(4) Every page of the list shall be initialledand the last page shall be signed by the headof the family or when he does not know orcannot write, he shall affix his thumbimpressions on all pages.

(5) The assets shall be listed by giving allthe necessary particulars for their properidentification. Immovable properties shall beidentified by their land registration details,description and inscription details of sourceof title thereto, land revenue (Matriz) number,survey number, their location and area. Allthe shares and securities of the same type withtheir respective numbers shall be clubbedtogether in one item except those which havebeen issued by different entities.

(6) Movables of the same type for which thesame value ought to be given, taking intoaccount their material utility and condition,shall also be included in one item.

(7) Improvements made by the inheritancein properties belonging to a third party shallbe described in kind when they can beseparated from the properties in which theywere made and if they cannot be so separated,they shall be listed as debts due to theinheritance.

(8) Improvements made by third parties inthe property of the inheritance shall bedescribed as debts due by the inheritance,when they cannot be removed by the personwho made such improvement.

(9) The head of the family besides listing theassets referred to in proceeding sub-sections,shall also state their estimated value.

400. Objections to the list of assets andother objections.— (1) Within 30 days fromthe date the head of the family submits thelist of assets, the parties may raise thefollowing objections:—

(a) that all assets have not been listed;

(b) that the head of the family or thedonee denies the existence of the assets inhis possession;

(c) that the head of the family or the doneedenies his duties or obligation to collate;

(d) that the head of the family or thedonee disputes that he has received assetswhich are attributed to have been receivedby him.



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(2) Any party may, at any time after theexpiry of 30 days, raise objection that all theassets have not been listed, provided suchparty satisfies the Court that he acquiredknowledge of the existence of the propertiesonly within the last 30 days before thepresentation of the objection. But failure toraise such objection shall not deprive the partyfrom seeking additional partition as providedin section 371.

(3) Where an objection has been raised thatall assets and liabilities have not been listed,notice of the objection shall be given to thehead of the family or the donee and they shallbe called upon to list out the assets or liabilitiesleft out or to give their say.

(4) Where the head of the family or doneewho has been served with notice of theobjections admits the existence of the assetsor liabilities and acknowledges that theybelong to the inheritance but requires time tolist them, he may apply for time for the saidpurpose.

(5) Where the head of the family or the doneedenies the existence of the assets or liabilitiesor declares that they do not belong to theinheritance, the court shall hold a summaryinquiry as deemed necessary and decidewhether the assets or liabilities should belisted.

(6) Where the dispute cannot be decidedsummarily and it is necessary to hold adetailed inquiry, the parties shall be directedto file a suit, if they so desire, in respect of thedisputed asset or liability and the inventoryshall proceed in the respect of the remainingassets and liabilities.

(7) Where the head of the family or the doneefails to give his reply on the date fixed therefor,it shall be presumed that he admits theexistence of the assets or liabilities and theduty to list them.

(8) (a) Where the head of the family or theconferee denies the existence of the assets inhis possession or the duty to describe them or

to collate or the dispute as to the assets whichhave been received by him, the disputes shallbe decided summarily by the court.

(b) The provisions of sub-section (6) shallbe applicable to this sub-section.

(c) Where the dispute cannot be decidedin the inventory proceeding, the head of thefamily or the donee shall not receive theassets allotted to him without furnishing asecurity corresponding to the value of thedisputed assets.

401. When co-heirs are called upon to give alist of assets.— Where the head of the familydeclares that he is unable to give a list of someof the assets belonging to the inheritance onthe ground that the said assets are inpossession of some other co-heirs, suchco-heirs shall be called upon to list themwithin such time limit as may be fixed by thecourt. Thereafter, the provisions of section 399shall be followed.

402. Deletion of assets listed in thepreliminary list.— Where any co-heir or a thirdparty claims ownership of any of the assetslisted in the inventory and applies for theirremoval from the list of assets of theinheritance, the dispute shall be decided, afterhearing the head of the family, or the personwho has listed the assets, and after recordingof evidence.

403. Disputes relating to concealment ofassets.— (1) The person who conceals theassets is deemed to be merely in custody ofthose assets and the court may order suchperson to hand over these assets to the headof the family.

(2) The issue whether there is concealmentof properties shall be decided in the inventorywhen the dispute can be decided on perusalof the application and replies of the parties andthe documents and other material on record.

(3) Where a detail inquiry is required, thecourt shall direct the parties to file a Civil Suit,if they so desire.


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CHAPTER XXXIX


404. Payment of debts of inheritance.—The liability for the payment of debts of theestate leaver is of the inheritance. However,after the partition is effected, the co-heirs areliable to pay the debt in proportion to the shareof the inheritance allotted to them.

405. Funeral expenses.— The funeralexpenses of the estate leaver shall be paidby the inheritance, whether there are forcedheirs or not.

406. Redemption of certain encumbrancesin rem.— (1) Where immovable properties ofthe inheritance are mortgaged, or are chargedwith redeemable instalments, any of the co--heirs may, if there are funds available in theinheritance, demands that the said liabilitiesbe satisfied before the partition.

(2) Where immovable assets are listed forpartition alongwith the said encumbrances, orany other charges, the assets shall be valuedas if there were no encumbrances; thereafterthe amount corresponding to the encum-brances shall be deducted and the heir, towhom the immovable property is allotted, shallpay the said encumbrances exclusively.

(3) The co-heir who has paid a commonmortgage debt or part thereof in excess of hisshare, shall by reason of the failure to deductthe encumbrance of mortgage, have only theright to recover from other co-heirs such partthereof as they are liable to pay, in proportionto their shares in the inheritance, even if theco-heir, who had paid it, gets subrogated inthe rights of the creditor.

407. Creditor’s claim.— (1) Any creditor maymake an application in the inventoryproceeding seeking acknowledgement andpayment of the debts due to him by theinheritance which have not been listed by thehead of the family.

(2) Such application may be made till thedate of the order as to the manner in which

the partition is to be carried out is passed,unless the respective creditor had beensummoned to take part in the inventory.

(3) Where the respective creditor was soserved, he may put up his claim till the datethe conference of the parties for approval ofdebts, is held.

(4) Failure to do so, does not debar him fromclaiming the payment by filing a civil suit.However, in such a case, even if the defendantsdo not resist the suit, the creditor shall be liableto pay costs, whatever be the outcome of thesuit.

408. Debtor’s denial.— (1) Where any debtdue to the inheritance listed by the head ofthe family is denied by the alleged debtor, thecourt shall, upon hearing the head of thefamily and the debtor, decide if the debt shallbe retained in the list or shall be removed fromthe list.

(2) If the debt is retained in the list of assets,the debt shall be deemed to be litigious; if thesaid debt is removed from the list, the right ofthe parties to demand its payment by filing acivil suit, is saved.

409. Valuation.— (1) Where no objectionshave been raised as regards the list of assetsor the objections raised have been alreadydecided, the court shall order that the assetsbe valued as on the date of the opening of theinheritance and shall, for that purpose, appointa valuer. In the order of appointment ofthe valuer, the court shall fix his fees anda date for submission of the valuationreport.

(2) The valuation shall be done by a valuerappointed by the court. The court may,however, appoint different valuers for thevaluation of various types of assets if theirspecial nature so demands.

(3) The valuer shall be served with the orderof his appointment and be furnished with therespective list of assets.



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(4) The valuer shall give the value of the eachasset, as on the date of the opening of theinheritance, records such alteration or additionto the list which, in his opinion, are necessaryand give the basis for the value arrived at byhim as against each asset in the 5 centimetersspace left for the said purpose, in the list.

410. Valuation by officer of the court.—Where there are assets, the value of which canbe determined by a mere arithmeticaloperation, the file shall be referred to an officerof the court for such purpose immediately afterthe lists have been submitted and such officershall determine the value within 15 days,unless the time limit is extended by the court.

CHAPTER XL

Final list, Conference of the Parties and Paymentof Debts

411. Final list.— (1) After the valuation isfinalized, the court shall fix a date forsubmission of final list of assets and liabilitiesby the officer of the court in charge ofinventory proceeding, indicating their values.

(2) As regards movable of small value,notwithstanding that they are of differentnature, lots shall be made so that, as far aspossible, in each item, assets of the value ofnot less than Rs. 500/- are included.

412. Division by metes and bounds.— (1)Where the inheritance comprises, amongother assets, of divisible immovable propertiesother than residential houses, any party may,after the final list of assets is made, apply thatthe said immovable properties be divided bymetes and bounds in accordance with theshares and be allotted to the respectiveinterested parties. Two or more interestedparties may state that they agree to take a jointsub-divided plot. Where divided plots areequal in area, lots shall be drawn for thepurposes of allotment.

(2) Where an application for division bymetes and bounds is made, the court shallappoint a commissioner who shall submit areport stating whether the immovable

properties are divisible in accordance with therules and regulations relating to sub-divisionof lands in force. Where the properties aredivisible, he shall sub-divide them into plots.Where the commissioner submits a report thatany immovable property is not divisible, suchimmovable property shall be put to licitation.

413. Objection to overvaluation, conference,application for licitation.— After the final listis prepared, any of the heirs or moiety holdersof the deceased may within 15 days—

(a) raise the issue that assets have beenovervalued;

(b) state whether they wish that all orcertain assets be put to licitation;

(c) apply that conference of interestedparties be convened.

Provided that where gifted and bequeathedproperties are to be returned to the mass ofthe inheritance on the ground that they areinofficious, the party may apply for licitationtill the date fixed for giving their say on howthe partition should be effected.

414. Who may decide on behalf of personsunder disability.— (1) The family council shallbe convened, when it has to resolve whetherthe persons under disability should apply thatthe assets be put to licitation and whether theyshould participate therein.

(2) The resolution of the family council shallbe included in the minutes of the conference.

415. Conference of the interested parties.—(1) The conference of the interested partiesshall be convened by the court upon its ownmotion to resolve on the approval of the debtsand the mode of their payment, allotment ofemphyteusis as a unit to one person, over-valuation of properties, objections regardinginequalities of the lots and on any doubts ordifficulties which may have a bearing on thepartition.

(2) The members of the family council shallbe given notice of the date of the conference,


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where the inventory is subject to orphansjurisdiction, and they have to intervene toresolve on the approval of debts and mode oftheir payment and on the allotment ofemphyteusis as a unit to one person.

(3) The resolution passed by the interestedparties present at the conference is bindingupon those who did not attend it, unless suchparties were not given notice of theconference when such notice ought to havebeen given to him.

416. Debts payable by the inheritance andmode of payment.— (1) Debts payable by theinheritance, listed or claimed, which areapproved by the interested parties who aremajor of age and by the family council and bythe parents on behalf of the minors, are deemedto have been judicially recognized, and thecourt shall in the order confirming thepartition, direct their payment if the amountshave not been paid before such order.

(2) When the law requires that the debtshould be proved by documentary evidenceof a certain probative value, the family councilor the representatives of the persons underdisability shall not approve the debt, unlesssuch document or any other document of equalor of higher evidentiary value, is produced.

417. Power of the Court to decide on debts.—Where the parties who are of major in age andthe family council or the parents of the minors,object to the approval of the debt claimed, theCourt shall, notwithstanding their objection,recognize its existence, provided the creditorproduces sufficient documentary evidence forthe said purpose, unless the document ischallenged as being forged or evidence ofequal or of higher probative value is producedwhich disproves it or where questions, whichrequire a detailed inquiry, have been raised.

418. Disagreement on the approval ofdebts.— (1) Where there is disagreement onthe approval of debts, listed or claimed,amongst the interested parties who are ofmajor in age or between them and the familycouncil or parents of the minors, the debt is

deemed to have been recognized to the extentof the share of those who approve them.

(2) The creditor shall have to file a suit forthe recovery of the balance amount, unless theexistence of the debts can be proved asprovided in the preceding section.

419. Payment of debts fallen due.— (1) Thedebts which have already fallen due and areapproved by all the interested parties, shallbe paid immediately in case the creditordemands their payment. Where theinheritance does not have sufficient funds, thecourt shall order that the assets be sold for thesaid purpose by public auction. The courtshall determine which are the assets to be sold,when there is no agreement in that respectamongst parties who are of major in age orbetween them and the family council and theparents of the minors.

(2) If the creditor wishes to receive thepayment in assets set apart for sale, the saidassets shall be adjudicated to him for the pricewhich has been fixed by the court.

(3) A private sale shall be held in case allthe interested parties agree, or in case of amandatory inventory, the court so decides,after hearing the family council and thepersonal representatives of the minors.

(4) When the assets are to be sold by privatesale, the interested parties or the Court shallappoint a person and empower him to sell andshall fix the minimum price. The appointedperson shall carry out the sale accordingly andsubmit his report to the Court.

(5) Movables shall be sold by auction at theplace where they are lying or in a nearby placewhere they may be transferred withoutcausing damage or heavy expenses.

(6) Where an irregularity is committedduring the auction or it is discovered thatassets have been fraudulently described andsuch fraudulent description has caused graveinjury to any party, objections may be filed bysuch party and the court shall decide on theobjections, after recording such evidence asis deemed necessary. If the court is satisfiedthat irregularities materially vitiating the



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auction have been committed, the auctionshall be set aside.

(7) The court may then hold the auction inthe court premises or the assets may be soldby private sale.

(8) The preceding provisions shall apply alsoto debts which were approved by the court inaccordance with the provisions of section 416and 418, in case the respective order hasbecome final and no appeal has been preferredbefore the chart of partition is drawn up.

420. When debts are approved by some ofthe interested parties only.— Where a debt hasfallen due but it is approved by some of theinterested parties only, the creditor maydemand from such parties payment of theircorresponding share of the liability. Thepayment shall be effected immediately, wherethere are funds, out of the shares of thoseparties who have approve the debts; wherethere are no funds, the payment shall be madeout of the assets allotted to such parties afterpartition.

421. Resolution on mode of payment ofdebts.— (1) Notwithstanding that the creditorsdo not demand the payment of the debts whichhave fallen due and are approved, the partiesmay resolve on the mode of payment, eitherby setting apart money or properties for thesaid purpose entrusting the payment to oneor some of them, or deciding that the debt shallbe shared by them in proportion to the assetsallotted to them.

(2) The parties may also resolve on the modeof payment of the debts which have beenapproved but have not yet fallen due.

(3) The resolution, which entrusts thepayment to one or some of the parties, binds

the creditors but where the creditors do not

get fully paid with the properties handed over

to the party or parties entrusted with the

payment, the creditors may attach the

properties adjudicated to the other interested

parties.

(4) Where the debts have been approved bysome of the parties only acting for themselves,by the family council or by the parents of theminors, only they can resolve on the mode ofpayment.

422. When do legatees decide on the modeof payment of debts.— The legatees mayresolve on the liabilities and the mode of theirpayment, only when the entire inheritance isdistributed by way of legacies or when theapproval of debts will result in reducing thelegacies.

423. Insolvency.— Where the debtsapproved by the parties or recognized by theCourt exceed the mass of the inheritance, theprocedure laid down in the law of insolvencyin force shall be followed.

424. Emphyteusis.— Where an emphyteusisforms part of the inheritance, it shall beresolved to whom the emphyteusis shall beallotted as one unit. If none of the partieswishes to have the emphyteusis, theemphyteusis shall be sold and the proceedsshall be divided. Where the parties do notagree as to whom the emphyteusis should beallotted, the emphyteusis shall be put tolicitation.

425. Overvaluation of assets.— (1) Whereany of the parties contends that the valuegiven to any of the assets is excessive, he shallstate which according to him is its fair valueand the interested parties shall in theconference resolve as whether the value shallbe maintained or decreased. In the latter case,the value shall be fixed in such conference.

(2) But, where a party declares that heaccepts the thing for the value given to it, thevalue shall not be decreased. Such adeclaration shall amount to licitation. Wheremore than one party accepts the valuation,licitation shall be held amongst them and thething shall be adjudicated to the highestbidder. In case the parties are unable to fixthe value, the value given shall subsist.

(3) The objection regarding overvaluationmay be raised orally during the conference.


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CHAPTER XLI

Licitation

426. Licitation of asset which is notsusceptible to division without detriment.—(1) Where any party to the proceeding appliesthat an asset, which by its nature is notsusceptible to division without detriment, beput to bid but, any co-heir having a major sharein it other than by reason of marriage,succession, gift or bequest by the person wholeaves the inheritance and such co-heirobjects to the licitation, then the licitation shallnot be held. In this eventuality, the party mayapply for a second valuation.

(2) Second appraisal may also be madewhen the said co-heir applies for a secondvaluation on the ground that the thing in whichhe has the major share, has been overvalued.

(3) The head of family may, at the time hesubmits the list of assets, raise the issue ofindivisibility of the properties and, if he raisessuch an issue, the valuer shall give his opinionon the divisibility at the time of the valuation.When such an issue is raised at a later stageand there is no agreement between theparties, the issue shall be decided afterhearing the valuer.

(4) Where the thing is not subject tovaluation the question of indivisibility shall, inthe absence of agreement, be decided by thecourt after the expert appointed by the courtinspects the properties and gives his report.

(5) The provisions herein contained are alsoapplicable where there are no forced heirs andthe estate leaver has gifted to one of theco-heirs, legal or testamentary, a major sharein the thing which, by nature and withoutdetriment cannot be divided and so also wherein terms law or by reason of a contract, thethings cannot be put to licitation or bid.

427. Licitation of gifted assets.— (1) Whenany party applies that assets gifted by theestate leaver be put to licitation, and the donee,irrespective of whether he has to collate or not,object to the gifted thing being put to bid, a

second valuation of the respective assets shallbe ordered to be done. The objection of thedonee, if any, may be filed within 30 days ofthe service of the application.

(2) After the second valuation is done andthe licitation of the other properties is over, theapplication shall become ineffective where itis found that the donee is not bound to returnany property.

(3) Inofficious gifts: Where the court findsthat the gift is inofficious, the followingprovisions shall be followed:—

(a) Where the application is in respect ofan asset which is susceptible to division,licitation in respect of the part which thedonee has to return may be held but thedonee shall not be allowed to take part inthe licitation.

(b) Where the application pertains to anasset which by its nature is not susceptibleto division without detriment, licitation maybe held and the donee is allowed to takepart in it.

(c) If none of the preceding provisions of

this chapter are applicable, the donee shall

be permitted to choose such of the gifted

assets as are necessary to fill up his share

in the inheritance and the charges or

encumbrances on the gift. The donee shall

return the properties in excess of his share

and the assets so returned shall be put to

licitation, if applied for, or has already been

applied for, but, the donee shall not beallowed to take part in the licitation.

(d) The objection of the donee, should be

raised within 30 days of the service of notice

of the application if, at that time, licitation of

the gifted assets has already been applied

for or during the conference itself where

licitation is applied for, and the donee is

present. If none of the above conditions are

satisfied, the donee shall be notified before

the licitation to raise his objection within 10

days.



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(4) Irrespective of any application referredto in this section, the donee may apply for asecond valuation of some or all the giftedassets, within 30 days from date of notice ofthe first valuation, it is found that the gift isinofficious.

428. Licitation of bequeathed assets.— (1)Where any party applies that the bequeathedassets be put to licitation, the legatee shall benotified to give his say, if any, within three days.

(2) If the latter objects, no licitation shall beheld, but it is lawful to the heirs to apply forsecond valuation of the assets, when theundervaluation of the assets may affect themadversely, within 30 days from the date ofobjection.

(3) Where the legatee does not object, thelicitation shall be held and the legatee shallhave a right to the respective value.

429. When licitation is to be held.— (1) Thelicitation shall be held within 30 days from thedate the conference is held, if possible.

(2) Every licitation shall be conducted byan officer appointed for the purpose by thecourt. However, such officer shall not declarethe highest bidder without the leave of thecourt.

(3) It is lawful to withdraw the request tohave licitation till such time the respective itemis put to bid; in such an event, however, anyother party shall be allowed to apply forlicitation on the same item.

430. Licitation defined.— (1) Licitation is afamily auction in which only heirs and themoiety holder spouse of the estate leaver, or ofthe deceased heir are allowed to participate,except in cases where, in terms of thepreceding section, the donee or the legateeshould also be allowed to make a bid. Such ofthe properties of the inheritance which are notnecessarily to be allotted to any particularparty, only may be put to licitation.

(2) The constituted attorney of a personentitled to participate in the licitation may bid

on his behalf provided specific powers for suchpurpose have been conferred on him by thepower of attorney. The power of attorney or atrue copy thereof duly certified by a notarypublic shall be placed on record.

(3) Each item as described in the final listshall be put to bid individually, unless allparties agree to form lots for that purpose, orwhere there are some properties whichcannot be separated without inconvenience.Different parties, may, by agreement, offer abid over the same item or lot so that may beallotted to them in common. Such a bid shallbe deemed to be one indivisible bid and theparties shall be jointly and severally liable topay or deposit the entire bid amount.

(4) Once the parties have struck down anasset in the licitation, they cannot resile fromit.

(5) Immediately after the licitations are over,the parties who have struck down assets areentitled to request the court to hand over thepossession of the respective assets to themsubject to the decision passed in appeal, if any.

(6) Licitation is not a sale in law but a merepartition of the assets of an inheritance. Eachheir shall be deemed to be the sole successorof the assets allotted to him from the date ofthe opening of the inhertiance.

431. When licitation may be annulled.—Where the Court is satisfied that the interestof any party under disability have not beenproperly taken care of by his personalrepresentative during the licitation, the courtmay within 2 weeks from the date of licitation,after hearing the parties, annul the respectiveauction by a reasoned order.

CHAPTER XLII

Second Valuation

432. Second valuation.— (1) Where the firstvaluation discloses that the legacy isinofficious, the legatee may, within 30 days ofthe notice of first valuation irrespective of theapplication referred to in section 428, apply forsecond valuation either of the bequeathed


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properties or of any other properties whichhave not been valued for the second time.

(2) The legatee may also apply for secondvaluation of other properties of the inheritancewhen it is found, on the basis of secondvaluation of bequeathed properties and of thelicitation, that the legacy has to be reducedon the ground that it is inofficious. The assetswhich have been auctioned shall not beexcluded from second valuation, if the valuegiven in the second valuation is higher thanthe highest bid offered in licitation. Theauctioned assets shall be allotted on the basisof second valuation and not on the basis of thehighest bid in licitation.

433. Inofficious legacy.— (1) Where thelegacy is inofficious, the legatee shall returnthe excess in specie. Such excess may besubject to licitation in which the legatee shallnot be allowed to participate.

(2) Where the bequeathed thing by itsnature or without detriment, cannot bedivided, the following shall be observed:-

(i) The return shall be made in cash,when the inofficious part is smaller than theother part, and in such a case any party mayapply for the second valuation of thebequeathed thing;

(ii) The return shall be done in specie ifthe inofficious part is equal or larger thanthe other part, and in such case the legateemay apply for the bequeathed thing be putto licitation.

The provisions of clause (c) of sub-section(3) of section 427 shall be applicable to thelegatee also.

434. Procedure for second valuation.— (1)The second valuation shall be done by threevaluers appointed by the consent of theparties. In the absence of such agreement,each side shall appoint one valuer and theCourt shall appoint third valuer. The co-heir,donee, or legatee, referred to in sections 426,427 and 428 shall form one side and the otherparties, competent or under disability, shallform the other side. The minors and other

persons under disability shall be representedat the time of the valuation by their parents, orby the guardians and curators.

(2) Where there are more than one co-heir,donee or legatee in the circumstancesmentioned in sections 426 to 428, all of themwho have common interest shall constitute oneblock against the other parties.

435. Scheme of partition.— (1) Uponcompletion of valuation of assets and licitation,if any, the heirs, head of the family, and themoiety holders shall submit to the court ascheme of partition within 30 days and thecourt shall thereafter make an order thereonshowing the mode of partition. In the saidorder, the court shall decide all questionsincluding questions which have not beendecided till then and which have to benecessarily decided for drawing the chart ofpartition.

(2) The court may, in exceptional cases,direct the parties to lead such evidence as maybe necessary to effect the partition but, if thereare questions which require a detailed inquiry,the court shall direct the parties to file a CivilSuit, if they so desire. Questions which arerequired to be decided in the normal courseof the inventory proceeding shall not be left tobe decided at the time of passing the order onhow the partition should be effected.

(3) No appeal shall lie from the orderdeciding on the mode of partition. However,such order may be challenged in the appeal,if any, preferred against the final orderconfirming the partition.

436. Procedure for filling up the shares of theparties.— The procedure hereunder shall befollowed for the purpose of filling up of theshares of the parties in the inheritance:—

(a) Gifted assets or assets struck down inthe licitation shall be allotted to therespective donee or bidder.

(b) Assets of the same kind and nature asthe properties gifted or struck down in thelicitation shall be allotted to the parties who



1009

do not collate or to the parties who are notthe highest bidders.

(c) When it is not possible to satisfy theco-heirs with assets of the same kind andnature, where the gifted assets areimmovable, the said co-heirs shall beentitled to be identified in money and, ifthere are no funds in the inheritance, asmany assets as may be necessary to securethe sum due, shall be sold in publicauction.

(d) However, if the gifted assets aremovables, the co-heirs shall be entitled tobe satisfied with other movables of theinheritance according to their value.

(e) The same principle shall be followed ifsome heirs have received legacies, tocompensate the co-heirs who have notreceived legacies.

(f) The remaining assets shall bedistributed by drawing lots amongst theparties, after forming equal lots.

(g) Debts due to the inheritance which aredisputed, debts which are not sufficientlyproved, and assets which have no valueshall be distributed proportionately amongstthe parties. Debts due by the inheritancewhich have been approved by all theparties, shall be allotted proportionately,unless a different mode of payment is agreedupon.

CHAPTER XLIII

Chart of Partition

437. Chart of Partition.— (1) After the courtpasses the order on the scheme of the partition,the clerk of the court shall draw a chart ofpartition within 10 days, complying with theorder and the provisions of the precedingsections, subject to the provisions of section436.

(2) The chart shall be drawn in the followingmanner:—

(i) The total amount of assets shall bedetermined by adding the values of eachkind of assets as attributed to them in thevaluation and in the licitation and bydeducting debts which have to be paid byinheritance, legacies and encumbranceswhich ought to be reduced;

(ii) The amount of the share of each partyshall be worked out and also the part whichis allotted to the party in each type of asset,shall be shown lastly;

(iii) The allotment of each share will bedone by referring to the number of the itemin the final list of assets and liabilities.

(3) The lots which have to be drawn bysortition shall be designated by alphabeticalletters.

(4) The values shall be indicated by figuresonly. The numbers of the items of the final listof the assets and liabilities shall be shown infigures and in words and when they arecontinuous, only the terminal numbers withinwhich the numbers are comprised shall berecorded.

(5) Where a fraction of the items has beenallotted to the co-heirs, such fraction shall bementioned.

(6) In each lot, the nature of the assets ofwhich it is comprised, shall be shown.

(7) The court shall initial every page of thechart of partition and confirm by a note, thecorrections, erasures or interlineations.

438. Preliminary chart.— (1) Where, at thetime of drawing the chart, the clerk of the courtfinds that the properties gifted, bequeathedor struck down in the licitation exceed theshare of the respective party or the disposableportion of the estate leaver, he shall prepare apreliminary chart indicating exactly what isthe amount in excess.

(2) Upon perusal of the preliminary chartsubmitted by the clerk of the court, the courtshall issue the following directions:-


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(a) Where amidst the properties gifted toa co-heir, there is an indivisible propertywhich does not fit as a whole in the shareof the donee, the court shall direct that suchproperty shall form part of the mass of thepartible properties as any other property ofthe inheritance;

(b) In other cases, the court shall issuenotice to the donee to exercise within 10days his right to choose from amongst thegifted properties those necessary to makeup his share in the inheritance and, if he failsto exercise such choice, his share shall befilled with such properties as the courtdeems fit;

(c) Where the gift made to a stranger isinofficious it shall be reduced in accordancewith sections 111 to 121 of this Act;

(d) The court shall notify the unsuccessfulbidders, and those who did not take part inthe licitation, who are to be paid oweltymonies by the successful bidders, to demandwithin 10 days the payment of the oweltymoney, if they so desire, unless such amounthas already been deposited; Where thepayment is not demanded, owelty moneyshall carry an interest @ 5% p.a. from thedate of the final order confirming thepartition and the creditors shall have a lienon the properties allotted to the debtor. Ifthe demand is made, the successful biddershall be notified to deposit within 15 daysthe amount due and, if he fails to pay, thelicitation shall stand cancelled and the courtshall fix a fresh date for licitation. The partywho has defaulted in paying owelty moneyshall not be allowed to participate in thenew licitation.

(3) When two or more parties have made ajoint bid for a property, they shall be jointlyand severally liable for the entire oweltyamount and in the event the entire oweltyamount is not paid or deposited within time,the licitation shall stand cancelled in respectof the entire property and none of thedefaulting parties shall be allowed to take partin the new licitation.

439. Rectification.— (1) The parties may, if

necessary, within 10 days after the

preliminary chart is drawn, apply for

rectification of the partition or may object that

the lots are not equal or that the order directing

the partition has not been complied with. Such

objection shall be decided within the next 10

days. The conference of the parties may be

convened if the objection is as regards the

inequalities of the lots.

(2) The order upholding the objection shalldirect that the necessary modification be madeto the chart. If necessary, a new chart ofpartition shall be drawn up.

440. Sortition.— Upon disposal of objections

to the preliminary chart, lots shall be drawn,

if required. Each lot shall be identified by an

alphabetical letter, which shall be written on

pieces of papers and placed in a box. At the

time of drawing of the lots, first preference shall

be given to the moiety holder of the estate

leaver. So far as the co-heirs are concerned,

the order of priority shall be alphabetical order

of their names, starting with first name. The

Judge shall draw lots on behalf of the parties

who fail to remain present for the sortition. The

name of the party to whom the lot falls shall

be recorded in the file. After the draw of lots

is over, the parties are free to exchange

between themselves the lots, which have

fallen to them. However, to exchange the lots

fallen to the persons under disability, the

court’s permission has to be obtained. In the

case of a prodigal, so declared by the court,

the exchange shall not be permitted, unless

the prodigal consents thereto.

441. Second and third chart of partition.—

Second chart:

(1) When the moiety holder of the estateleaver, is a party, the chart shall consist of twoportions and after the portion of the estateleaver is ascertained, a second chart shall bedrawn for partitioning the said portionamongst the heirs.



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Third chart:

(2) Where, by reason of the right ofrepresentation, the shares are unequal, afterthe determining the share of the person whois represented, a third chart shall be drawnto partition the shares amongst therepresentatives.

(3) When any heir is benefited with a majorpart of properties, the lots shall be formed, ifpossible, in such a way that the draw of lotsamongst the other co-heirs be done out ofequal portions.

(4) Where it is not possible to draw thesecond chart and have a sortition in respectof the second chart at the time sortition of lotsof the first chart is made and so also when it isnot possible to have a sortition of the lots ofthe third chart at the time the sortition of thelots of the second chart is made, the provisionapplicable in relation to the first chart shall befollowed, both as regards the drawing of thecharts as well as regards drawing of lots ofthe second and the third chart.

CHAPTER XLIV

Confirmation of Partition

442. Confirmation of the partition.— (1) Thecourt shall make a final order declaring whoare the successors or heirs of the estate leaver,and confirming the partition in accordancewith the chart of partition and the draw of lotswithin 10 days, after evidence of payment ofduty is produced. The order confirming thepartition shall have the force of the decree andaccordingly a decree shall be drawn.

(2) The decree shall contain—

(a) the name of the original applicant andof the estate leaver;

(b) names of the heirs or legatees andcreditors;

(c) description of the assets;

(d) chart of Partitions;

(e) outstanding debts due by theinheritance or heirs including their approvaland mode of payment;

(f) order confirming the partitions.

(3) A party to an inventory proceeding mayfile a certified copy of the partition decree withthe Registering Officer under the RegistrationAct, 1908 (16 of 1908), within the local limits ofwhose jurisdiction the whole or any part of theassets is situated and such officer shall filesuch decree in Book No. 1 maintained undersection 51 of the Registration Act, 1908 (16 of1908).

443. Costs.— The costs of the inventory shallbe paid by the heirs and the moiety holder, inproportion to what they have received and,where the inheritance is distributed by wayof legacies only, the legatees shall be liable forthe payment of costs in the same proportion.

444. Safeguards to be observed when theassets are delivered before the order ofhomologation becomes final.— An interestedparty may receive the assets which have beenallotted to him in the partition before the orderof homologation becomes final; however, theassets shall be handed over only upon suchparty furnishing security, in case of negotiableinstruments, shares and securities anendorsement shall be made that the holdershall not transfer or assign such assets, withoutthe order of the Court. Security shall also beobtained in cases where a paternity suit, suitfor annulment of a will, or any other suit thedecision of which is likely to affect thepartition is pending.

445. Fresh partition.— When, as a result ofa decision in a appeal or a suit, it is necessaryto make a fresh partition, the head of the familyshall immediately be put in possession of theproperties which no longer belong to the partywho has received it. The inventory shall becorrected only to the extent it is strictlynecessary to implement the decision and thevaluation and description of the assets shallbe maintained, notwithstanding that there isa complete substitution of the heirs.

CHAPTER XLV

Amendment and Rescission of Partition

446. Amendment of Partition.— Thepartition may be amended, even after it hasbecome final and no appeal has been


1012

preferred, in the very same inventoryproceeding by agreement of the parties or theirrepresentatives, where there is a mistake offacts in the list of assets or in the classificationof the assets or any other error, which vitiatesthe will of the parties:

Provided that where in the order there areclerical or arithmetical mistakes or any materialerrors arising from accidental slip or omission,they may be corrected at any time by the court,either of its own motion or on application ofany of the parties.

447. Suit for amendment of partition.— Aparty may file a suit for amendment of thepartition, when subsequent to the final orderthe party acquires knowledge of a mistake offact or classification or other error whichvitiates the will of the party, and the otherparties are not in agreement to have thepartition amended, amicable.

448. Rescission of partition.—

(A) Suit for rescission:

(1) A suit for rescission of the judicialpartition which has become final, may be filedwhere there is preterition or non joinder of anyof the co-heirs and if it is found that the otherparties acted fraudulently or malafide,whether the malicious conduct relates to thepreterition or to the partition.

(B) Application for review:

(2) Rescission of a judicial partition may beobtained by filing a review application in thesame court in the following circumstances:—

(a) When it is proved in criminalproceeding, resulting in a conviction whichhas become final, that the order which issought to be reviewed was passed by givingof bribe, corruption or influence;

(b) When a judgement and order ofconviction which has become final isproduced wherein it was held that thedepositions or declarations of the experts,which might have affected the order that issought to be reviewed, are false.

The period of limitation to file a review onboth the above grounds is 30 days reckonedfrom the date on which the order on the basisof which the review is filed had become final.

(3) The review application may be filed inthe very same court which passed the order,within 30 days from the date on which theparty has secured the document, or acquiredknowledge of the fact which is the basis forthe review, on the following grounds:—

(a) When a decision is based on a falsedocument or judicial act and this issue wasnot considered in the proceeding when thedecision was given;

(b) When a new document is produced,which was not in the possession or powerof the party or the party did not know aboutthe existence and such document is itselfsufficient to cancel the evidence on whichthe decision is based;

(c) When the admission, withdrawal orcompromise on which the judgement isbased, is revoked or there is a valid groundfor revoking the same;

(d) When the admission, withdrawal orcompromise is null, due to lack of mandateor insufficiency of powers of the attorney,unless the order homologating or ratifyingthe partition has already been personallyserved on the principal;

(e) When the inventory proceeded bydefault and the party was not served withsummon or the summon is null;

(f) When the judgement is contrary toanother judgement which constitutes res-judicata and the party proves that he hadno knowledge of the judgement during thependency of the proceeding.

(4) Where the rescission is sought on thebasis of a document, the plaint or the reviewpetition, as the case may be, shall beaccompanied by the respective certified copy.

449. Settlement of share of the heir left outin the inventory.— (1) Where the heir left out



1013

wishes to have his share paid in cash, he mayapply in the inventory that a conference of theparties be convened to work out the value ofhis share.

(2) Where the parties do not reach anagreement, the assets in respect of which

there is a difference in value shall be valued

again and the parties may apply for a second

valuation and, thereafter, the amount to which

such heir is entitled, shall be fixed by the court.

(3) A fresh chart of partition shall be made

so that the changes resulting from the

payments necessary to make up the share of

the heir who was left out, are known. No

sooner the share is settled, such heir may apply

that the debtors be notified to effect the

payment, failing which they will be bound to

make good his share by way of the assets,

without prejudice, however, to the alienations

already made. If the demand is not made, and

the amount due is not deposited by the

respective parties, the money due shall earn

interest @ 6% p.a. from the date of the order.

450. Finality of the decision.— (1) Questions

decided in the inventory proceeding, other

than the questions decided by order made

under section 435, shall be considered as

having attained finality, as against the head of

the family and the persons summoned as heirs,

and so also as against the parties who were

given an opportunity to be heard before the

decision, unless the right to file a suit is

expressly reserved by the court.

(2) Where the questions involved arequestions of law, or questions of fact which canbe decided on the basis of documentsproduced or ordered to be produced, the courtshall not reserve the right to file a suit.

(3) As regards questions of fact which haveto be proved by adducing other evidence, thecourt may decide the question provisionallyreserving the right to file a suit when a findingon merits can be given without holding adetailed inquiry.

CHAPTER XLVI

Appeals

451. Appeals.— (1) An appeal from the finalorder made in the inventory proceeding shalllie to the competent Court depending upon thevalue of the assets and such appeal shall bedeemed to be an appeal under section 96 ofthe Code of Civil Procedure, 1908 (5 of 1908).

(2) An appeal from order shall lie from everyorder, other than a merely administrativeorder, made in inventory proceeding to thecompetent court depending upon the valuegiven to the assets at the time the order ismade and appeal shall be deemed to be anappeal under section 104 of the Code of CivilProcedure, 1908 (5 of 1908).

CHAPTER XLVII

Preventive Measures

452. Appointment of Receiver.— (1) Afterthe filing of the inventory proceeding, pendingappointment of the head of the family, wherethere is a just apprehension that the assets ofthe estate are in danger of being wasted,damaged or dissipated or alienated, the courtmay, upon an application of any partyinterested in the preservation of the assets,and, or of its own motion, order that a list ofthe assets with their description and estimatedvalue, be prepared. The court shall place theassets in the custody of a Receiver who maybe either the applicants the person inpossession or any other interested party. TheReceiver shall manage the assets and renderaccounts. The list of assets prepared under thisclause shall form part of the list of assets inthe inventory proceeding.

(2) When the court is satisfied that the delaywill defeat the very object of the relief sought,it may pass such order, ex parte.

(3) Upon hearing the person dispossessedby the ex parte order, the court may eitherconfirm or vacate the ex parte order passed.In case it is confirmed, such assets shall behanded over to the head of the familyappointed in the inventory proceeding.


1014

453. Temporary Injunction.— When aninterested party has reasonable apprehensionthat another interested party may causedamage to the assets of the inheritance, orcommit acts which may cause grave andirreparable injury to his right, he may applyfor a temporary injunction or such other orderas may be just and proper to avoid such injuryor damage. The court may pass an interimex parte order, when it is satisfied that thedelay will defeat the very object of the reliefsought.

CHAPTER XLVIII

Miscellaneous

454. Cause Title.— (1) The cause title in theinitial petition instituting inventory proceedingshall set out the name and full address of thepetitioner and the name and the permanentresidence of the estate leaver.

(2) It shall be the duty of the head of thefamily to submit a fresh cause title in inventoryproceeding setting out the names of the estateleaver, the petitioner, head of the family, andalso the names of all the impleaded interestedparties.

(3) It shall be the duty of the head of thefamily to submit to the court an amendedcause title whenever a party is added ordeleted.

(4) The causes title in the inventoryproceeding shall be in the form as specifiedbelow subject to such modifications as maybe require.

In the Court of ……

Inventory Proceeding No…………........ of ……

IN THE MATTER OF

INHERITANCE OF THE LATE XYZ

1. ABC…………….. ………….. Petitioner

2. LMN……………. …………. Head of the

family

And

3. PQN

4. RST

etc. …………... …………... Interested Parties

455. Stamp duty payable .— (1) Theinheritance shall be liable to pay stamp dutyof one percent of the net value of the assets asshown in the chart of partition.

(2) The interested parties shall be liable toshare the duty payable in proportion to theirshare in the inheritance.

(3) Where any of the interested parties doesnot pay his share of the duty payable, any otherinterested party may pay such share of dutyand recover the amount in the sameproceedings with interest at the rate of 10%per annum where the defaulting party isentitled to owelty, such amount shall beadjusted against the owelty, and for thebalance, there shall be a charge on the assetsallotted to him and he shall not be entitled tothe possession of those assets.

456. Fixation of the amount of costs.— (1)The costs of inventory proceeding shall be atthe discretion of the court.

(2) Where a party is guilty of causingunjustified delay, the court may, for reasons tobe recorded, make an order requiring suchparty to pay to the other party or parties suchcosts as it deems fit.

457. Enforcement of Order.— (1) After thefinal order of partition is made, any party towhom assets have been allotted, may apply inthe inventory proceeding that such assets behanded over to him.

(2) If the party in possession fails to handover immovable assets the delivery ofpossession shall be made by the court byremoving such party from possession of theassets. With regard to movables, the deliveryof possession shall be made by the court byhanding over such assets to such party.

(3) Where monies are payable, the courtshall order the party to liable to pay, to depositthe amount due in the court within areasonable period failing which the court shallproceed to attach the assets of the defaultingparty and sell them in the public auction. The



1015

amount realized by such auction shall be paidto the party entitled to it. The balance, if any,shall be refunded to the defaulter.

(4) Any order, other than the final order,which is enforceable, shall be enforced in themanner set out in this section.

(5) The defaulting party shall bear the costof the attachment and sale.

458. Summary Proceeding.— Inventoryproceeding shall be summary proceeding andshall not be governed by the Code of CivilProcedure, 1908 (5 of 1908), unless specificallyprovided for.

459. Power to make rules.— The StateGovernment may, by notification in the OfficialGazette, make rules to carry out the purposesof this Act.

460. Repeal and Savings.— (1) On and fromthe date of coming into force of this Act, allprovisions of the laws in force at presentcorresponding to any of the provisions of thisAct shall stand repealed.

(2) Notwithstanding such repeal,—

(a) anything duly done or suffered or anyright, privilege, obligation or liabilityacquired, accrued or incurred or anypenalty, forfeiture or punishment incurredunder any law so repealed shall be deemedto have been done, suffered, acquired,accrued or incurred, as the case may be,under the corresponding provisions of thisAct;

(b) any fee, duty, charges, fine, etc.payable under any law so repealed or anybooks, forms, etc. in use of under any lawso repealed shall, to the extent permissibleand expedient, continue to be payable orused, as the case may be, till new fees,duties, charges, fines, books, forms, etc. areprescribed or fixed, as the case may be,under the provisions of this Act.

(3) All proceedings pending under therepealed laws before any court in the State ofGoa, as on the date of the coming into force of

this Act, shall be continued in terms of theprocedure provided in this Act.

Statement of Objects and Reasons

The provisions of the law relating tosuccession, notaries and inventory proceedingwere dispersed in the Civil Code, 1867, in forcewith effect from 01-07-1870, as amended fromtime to time; the Civil Procedure Code of 1939in force from 01-01-1941; Notarial lawcontained in articles 1, 4, 6, 25 to 29, 34, 35,36, 38 to 49, 63 to 108 of Decree No. 8373,Government Order No. 14157 dated14-11-1952, Article 1 of Decree Law No. 32033and Article 179 of Law No. 2049 articles 192,193, 194 and 195 of Decree No. 26118 dated24-11-1935.

All this became laws of the land by virtue ofsection 5 of the Goa, Daman and Diu(Administration) Act, 1962 (1 of 1962) untilamended by competent Legislature.

Further, the original text of these provisions,scattered at times in several enactments, arein Portuguese language and hence theCourts, the Members of the Bar and theLitigants faced practical difficulties in theirapplication. This caused delays in disposingof cases.

A pressing need was felt to consolidate thevarious provisions of Law into onecomprehensive, rational and integratedlegislation, to facilitate their application andimplementation by the Bench, the Bar and thelitigants.

Considering the need to take into accountthe social changes and the new situationsarising from the fact that Goa is now a State ofthe Union of India and Goans are citizens ofIndia and considering also that the Lawswhich in force were applicable to an altogetherdifferent set of political circumstances, it hasbecome necessary to amend the Law to meetthe present day requirements and to make itworkable.

Further, in view of noteworthy newprinciples that have evolved, a more humane


1016

and fair outlook is now taken on illegitimacy,on mentally challenged persons and on suchother persons upon whom a stigma was castin the past for no fault of theirs. Theseprinciples and outlook have been adopted inframing the present law.

That object is sought to be achieved by thisBill which deals with the Law of Succession,Special Notaries and the Inventoryproceedings.

While drafting the Bill, the followingLegislations have been kept in view:

(a) The provisions of the Portuguese CivilCode enacted in Portugal in 1966, replacingthe Civil Code of 1867 and the Code of CivilProcedure of 28-12-1961, replacing the Codeof Civil Procedure of 1939, as well as Decreesamending from time to time many provisionsof the aforesaid Code on the subject ofsuccession and inventory and Notarial Law,and the Law approved by Decree LawNo. 207 dated 14-08-1995 and amendmentsthereto.

(b) The Provisions of Louisianan CivilCode, 1870 (based on Napoleon Code ), inforce in the State of Louisiana of the UnitedStates of America as originally enacted, andthe subsequent amendment included by Actof 1981 No. 919 effective after 31-12-1981and Act of 1990 No. 147 with effect from1-7-1990.

(c) Legislation in force in the rest of India.

(d) There are some original provisionswhich have been incorporated bearing inmind the present circumstances.

The subject of succession, partition,execution of wills with corresponding notarialacts and inventory proceeding meant forpartition of the estate through the Court fallwithin the purview of entry 5 of ListIII-Concurrent List of the seventh schedule tothe Constitution of India and in view of section5 of the aforesaid Goa, Daman and Diu(Administration) Act, 1962 (1 of 1962), theLegislature of the State of Goa is competent toenact Law on the subject.

This Bill seeks to achieve the above objects.

Financial Memorandum

No financial implications are involved in thisBill.

Memorandum Regarding Delegated Legislation

The Bill empowers the Government to makethe rules to carrying out the purposes of theAct.

This delegation is of normal character.

Assembly Hall, (MANOHAR PARRIKAR)

Porvorim, Goa. Minister for Law

27th July, 2012.

Assembly Hall, (N. B. SUBHEDAR)

Porvorim, Goa. Secretary (Legislature)

27th July, 2012._________

LA/LEGN/2012/1274

The following bill which was introducedin the Legislative Assembly of the State ofGoa on 1st August, 2012 is hereby publishedfor general information in pursuance ofRule–138 of the Rules of Procedure andConduct of Business of the Goa LegislativeAssembly.

_________

The Goa Administrative Tribunal(Amendment) Bill, 2012

(Bill No. 17 of 2012)

A

BILL

further to amend the Goa AdministrativeTribunal Act, 1965 (Act No. 6 of 1965).


1. Short title and commencement.— (1) ThisAct may be called the Goa AdministrativeTribunal (Amendment) Act, 2012.



1017

(2) It shall come into force at once.

2. Amendment of section 3.— In section 3of the Goa Administrative Tribunal Act, 1965(Act No. 6 of 1965), for sub-section (4), thefollowing sub-section shall be substituted,namely:—

“(4) The President and the AdditionalPresident shall hold office until they attainthe age of sixty years:

Provided that the President or theAdditional President who has already attainedthe age of sixty years on the date ofcommencement of the Goa AdministrativeTribunal (Amendment) Act, 2012, shall ceaseto hold office with effect from the 1st day ofOctober, 2012.”.


The post of the President and the AdditionalPresident of the Administrative Tribunal isequivalent to the post of a District Judgewithin the meaning of Article 236 of theConstitution of India. In terms of rule 21 ofthe Goa Judicial Service Rules, 2005, everymember of the Goa Judicial Service includingthe District Judges and Additional DistrictJudges shall retire by superannuation onattaining the age of sixty years subject toclearance by Special Review Committee asspecified in the said rule. Therefore, the Billseeks to substitute sub-section (4) of section3 of the Goa Administrative Tribunal Act, 1965(Act 6 of 1965), so as to provide that thePresident and the Additional President of theAdministrative Tribunal shall hold office untilthey attain the age of sixty years.

The Bill also seeks to make provision, inrespect of the persons who have attained theage of sixty years and holding the office ofthe President or the Additional President ofthe Administrative Tribunal on the date ofcommencement of the Goa AdministrativeTribunal (Amendment) Act, 2012, to the effectthat such persons shall cease to hold theirrespective office with effect from the 1st dayof October, 2012.


No financial implications are involved inthis Bill.


No delegated legislation is involved in thisBill.

Porvorim–Goa. MANOHAR PARRIKARDated: 27-07-2012. Chief Minister

Assembly Hall, NILKHANT SUBHEDAR

Porvorim-Goa. Secretary to the

Dated: 27-07-2012. Legislative Assembly of Goa.

ANNEXURE

Section 3. Constitution of Tribunal.— (1) The StateGovernment shall, by Notification in the OfficialGazette, constitute for each district of the State, aTribunal to exercise the jurisdiction, perform thefunctions and discharge the duties entrusted to itby or under this Act or any other law for the timebeing in force.

(2) Each Tribunal shall consist of a President andan Additional President, as the State Governmentmay deem fit. Both, the President as well as theAdditional President, shall have co-extensivepowers and concurrent jurisdiction to deal withcases filed in the Tribunals. The AdditionalPresident shall decide such cases as are made overto him by the President.

(3) The qualifications for a person to be appointedas President or Additional President shall be suchas may be prescribed:

Provided that the President and the AdditionalPresident shall be persons who have such legalqualification or experience as may be prescribed.

(4) The President and the Additional Presidentshall hold office until they attain the age of sixty

five years.



Dated: 27-07-2012. Legislative Assembly of Goa.


1018

LA/LEGN/2012/1275

The following bill which was introducedin the Legislative Assembly of the State ofGoa on 1st August, 2012 is hereby publishedfor general information in pursuance ofRule–138 of the Rules of Procedure andConduct of Business of the Goa LegislativeAssembly.

_________

The City of Panaji Corporation(Amendment) Bill, 2012

(Bill No. 16 of 2012)

A

BILL

further to amend the City of PanajiCorporation Act, 2002 (Goa Act 1 of 2003).

Be it enacted by the Legislative Assemblyof Goa in the Sixty-third Year of the Republicof India, as follows:

1. Short title and commencement.— (1) ThisAct may be called the City of PanajiCorporation (Amendment) Act, 2012.


2. Insertion of new section 22A.— Aftersection 22 of the City of Panaji CorporationAct, 2002 (Goa Act 1 of 2003), the followingsection shall be inserted, namely:–

“22A. Honoraria or allowances to Mayor,Dy. Mayor and Councillors of theCorporation.— The Mayor, Dy. Mayor andCouncillors of the Corporation may be paidsuch honoraria or other allowances by theCorporation, as may be prescribed by rulesmade by the Government.”


The Bill seeks to insert a new section 22Ain the City of Panaji Corporation Act, 2002(Goa Act 1 of 2003) so as to provide forpayment of such amount of honoraria orother allowances to the Mayor, Dy. Mayorand Councillors of the Corporation as maybe prescribed by the Government.

This Bill seeks to achieve the above object.


There is no financial burden on theGovernment as the expenditure on accountof honoraria or other allowances to theMayor, Dy. Mayor and Councillors will be metby Municipal Corporation of the City of Panajifrom their own fund.


Clause 2 of the Bill empowers theGovernment to frame rules prescribing thehonoraria or other allowances payable to theMayor, Dy. Mayor and Councillors of theCorporation.

Porvorim-Goa, FRANCIS D’SOUZA

26th July, 2012. Minister for Urban Development


Porvorim-Goa, Secretary to the

26th July, 2012. Legislative Assembly of Goa.

__________

LA/LEGN/2012/1284

The following bill which was introducedin the Legislative Assembly of the State ofGoa on 2nd August, 2012 is hereby publishedfor general information in pursuance ofRule–138 of the Rules of Procedure andConduct of Business of the Goa LegislativeAssembly.

_________

The Goa Tax on Luxuries(Twelfth Amendment) Bill, 2012

(Bill No. 20 of 2012)

A

BILL

further to amend the Goa Tax on Luxuries Act,1988 (Act No. 17 of 1988).




1019

1. Short title and commencement.— (1) ThisAct may be called the Goa Tax on Luxuries(Twelfth Amendment) Act, 2012.

(2) It shall be deemed to have come into forceon the 25th day of May, 2012.

2. Amendment of section 2.— In section 2 ofthe Goa Tax on Luxuries Act, 1988 (Act No. 17of 1988) (hereinafter referred to as the“principal Act”),—

(i) for clause (a), the following clause shallbe substituted, namely:—

“(a) ‘accommodation provided forcommercial purpose’ means a building orpart of a building including open spacewith or without tents or any enclosureerected for giving on hire, or space whereaccommodation is provided for trade fair,exhibitions, demonstrations, promotions,conferences, sales, services, etc.;

Explanation.— An accommodationprovided for regular sales or any otheractivities mentioned hereinbefore in a mall,a bazaar or any such arrangementsincluding accommodation on ‘leave andlicence’ basis shall be deemed to be‘accommodation provided for commercialpurpose’;”;

(ii) for clause (aa), the following clauseshall be substituted, namely:—

“(aa) ‘accommodation with luxuriesprovided for other purposes’ means abuilding or part of a building or a part ofany hotel, community hall, marriage andcultural halls, lawns and open spaces, orany such enclosures or mandap, butexcluding Agarshala and halls attachedto religious institutions, let on hire byproprietor, for holding social or culturalfunctions like, marriages, get togethers,parties, receptions, cultural programmes,etc., with services, including likeproviding furniture, entertainment, soundsystem, decorations, illumination, pandal,etc., but excluding services like supplying

food and beverages, for monetaryconsideration;”;

(iii) in clause (b), after sub-clause (iii), thefollowing sub-clause shall be inserted,namely:—

“(iv) the activity of providing services inrelation to health fitness and other relatedservices and includes services provided in

beauty parlours, spa or health spa, health

club, etc.;”;

(iv) for clause (ee), the following clause

shall be substituted, namely:—

“(ee) ‘luxuries’ means services

specified in the Schedules, ministering

the enjoyment, comfort or pleasure to its

users and includes the services provided

in beauty parlours, spa or health spa,

health club, etc.;”;

(v) for clause (ii), the following clause shall

be substituted, namely:—

“(ii) ‘proprietor’ in relation toaccommodation provided for commercialpurposes or accommodation with luxuriesprovided for other purposes or in relationto services provided in beauty parlours,spa or health spa, health club, etc.,includes person who for the time being isin-charge of the management of buildingor part of building or tent or enclosure orof a beauty parlour, spa or health spa,health club, etc., or of an open spaceprovided to conduct the business, as thecase may be;”;

(vi) in clause ( j), af ter the words“accommodation with luxuries provided forother purposes”, the expression “or forservices provided in beauty parlours, spaor health spa, health club, etc.” shall beinserted;

(vii) in clause (p), before the words“during a year”, the expression “or forservices provided in beauty parlours, spaor health spa, health club, etc.” shall beinserted.


1020

3. Amendment of section 5.— In section 5 ofthe principal Act,—

(i) after sub-section (2), the followingsub-section shall be inserted, namely:—

“(2A) There shall be levied a tax on theturnover of receipts of a proprietor of abeauty parlour, spa or health spa, healthclub, etc., at the rates provided inSchedule IV hereto.”;

(ii) in sub-section (7), in clause (i), insub-clause (b), for the word “Schedule”,wherever it occurs, the expression“Schedule I or Schedule IV” shall besubstituted.

4. Amendment of Schedule II.— In ScheduleII to the principal Act, under the word“Proprietor”, after entry at serial number (2),the following entry shall be inserted, namely:—

“(3) Services provided in beauty parlours, spaor health spa, health club, etc. Rs. 2000/-.”

5. Insertion of new Schedule IV.— AfterSchedule III to the principal Act, the followingSchedule shall be inserted, namely:—

“SCHEDULE IV

[See sub-section (2A) of section 5]

Sr. No. Turnover of Receipts Rate of Tax

(i) For providing services in beauty 10%parlours, spa or health spa, healthclub, etc. having air-conditioningfacility, whose turnover is aboveRs. 5.00 lakhs per annum

6. Repeal and Saving.— (1) The Goa Tax on

Luxuries (Amendment) Ordinance, 2012

(Ordinance No. 3 of 2012) is hereby repealed.

(2) Notwithstanding the repeal of the Goa

Tax on Luxuries (Amendment) Ordinance, 2012

(Ordinance No. 3 of 2012), 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.


In the Budget presented in March, 2012 itwas proposed to bring the space or premisesbeing rented for being used for commercialactivities like sale, fairs, bazaars, etc., underthe ambit of luxury tax as provided under theGoa Tax on Luxuries Act, 1988 (Goa Act 17 of1988) (hereinafter referred to as the “saidAct”). The Bill, therefore, seeks to amendclause (a) of section 2 of the said Act to providethe same.

It was further proposed in the Budget toremove Agarshala and hall attached toreligious institutions from the ambit of Luxurytax net. Hence, the Bill seeks to amend clause(aa) of section 2 of the said Act to provide forthe same.

It was also proposed in the Budget to levyluxury tax at the rate of 10% of the receipts onservices provided in beauty parlour and spa.The Bill seeks to amend the said Act suitablyfor the purpose.

The Bill also seeks to repeal the Goa Tax onLuxuries (Amendment) Ordinance, 2012(Ordinance No. 3 of 2012) promulgated by theGovernor of Goa on 25-05-2012.

The Bill seeks to achieve the above objects.


No financial implications are involved in thisBill.



Assembly Hall, SHRI MANOHAR PARRIKAR

Porvorim-Goa. Chief Minister/Finance Minister

30-7-2012.

Assembly Hall, N. B. SUBHEDAR


30-7-2012. Legislative Assembly of Goa



1021

Governor’s Recommendation under Article 207 of theConstitution of India

In pursuance of Article 207 of the

Constitution of India, I, Bharat Vir Wanchoo,

the Governor of Goa hereby recommend the

introduction and consideration of the Goa Tax

on Luxuries (Twelfth Amendment) Bill, 2012,

by the Legislative Assembly of Goa.

ANNEXURE

Bill No 20 of 2012

_____________________________________________

Extract of the Goa Tax on Luxuries Act,1988 (Act 17 of 1988)

____________________________________________________

2. Definitions.— In this Act, unless the contextotherwise requires,—

(a) ‘accommodation provided for commercialpurpose’ means a building or part of a buildingwhere accommodation is provided for holdingtrade fairs, exhibitions, demonstrations, salespromotions, conferences, etc., and includes openspace with or without tents or any enclosureerected for giving on hire space for holding theactivities herebefore mentioned.

(aa) ‘accommodation with luxuries provided forother purposes’ means a building or part of abuilding or a part of any hotel, community hall,agrashala, marriage & cultural halls, lawns andopen spaces, or any such enclosures or mandaplet on hire by proprietor, for holding social orcultural functions like, marriages, get togethers,parties, receptions, cultural programmes, etc.with services including like providing furniture,entertainment, sound system, decorations,illumination, pandal, etc., but excluding serviceslike supplying food and beverages, for monetaryconsideration;

(ab) ‘Additional Commissioner’ means aperson appointed as Additional Commissionerof Luxury Tax under sub-section (2) of section 3 ofthis Act.

(ac) ‘appointed day’ means the day on whichthis Act comes into force;

(b) ‘business’ includes.—

(i) the activity of providing residentialaccommodation and any other services in

connection with, or incidental to or ancillaryto such activity of providing residentialaccommodation, by a hotelier for monetaryconsideration;

(ii) The activity of providing accommodationfor commercial purpose, such as, for holding tradefairs, exhibitions, demonstrations, salespromotions, conferences, etc., for monetaryconsideration.

(iii) The activity of providing accommodationwith luxuries for other purposes, such as, forholding marriage ceremonies, weddingreceptions, get togethers, parties, cultural orsocial functions, etc., for monetary consideration;

(c) ‘club’ includes both, an incorporated as wellas unincorporated association of persons, bywhatever name called;

(cc) ‘Commissioner’ means a person appointedas Commissioner of Luxury Tax under sub-section(1) of section 3 of this Act

(d) ‘hotel’ includes a residentialaccommodation, a lodging house, an inn, a publichouse or a building or part of a building, a club, aboat, vessel or any place where a residentialaccommodation is provided by way of business;

Explanation.— A residential accommodationprovided under Timeshare Agreement or underPackage Deal Agreement or under any such systemwherein the facility of availing residentialaccommodation during a given period in a year isallowed upon a lumpsum payment, shall be deemedto be a “hotel” for the purposes of this Act.

(e) ‘hotelier’ means the owner of the hotel andincludes the person who for the time being is incharge of the management of the hotel;

(ee) ‘luxuries’ means services specified inthe Schedule, ministering the enjoyment,comfort or pleasure extraordinary to necessitiesof life;

(f) ‘luxury provided in a hotel’ meansaccommodation and other services provided ina hotel, including air conditioning, telephone,television, radio, music entertainment, extra bedsand the like, and all services other than casinos,water sports, boat/river cruises and supply of foodand drinks;


1022

Explanation.— Wherever accommodationprovided is under Timeshare Agreement or aPackage Deal Agreement or any such systemwherein only maintenance charges, by whatevername called, are collected periodically, over andabove lumpsum payment made, the charges forluxuries provided shall be determined as under:-

(i) Where a hotel is having any of thefollowing facilities, Rs. 500/- per day for theaccommodation facility actually availed.

Facilities

(i) Swimming Pool.

(ii) Health Club.

(iii) Tennis Courts.

(iv) Golf Courses.

(v) Shopping Arcade.

(ii) In all other cases, the charges for luxuriesshall be worked out at Rs. 300/- per day for theaccommodation facility actually availed.

(g) ‘person’ includes any company orassociation or body of individuals whetherincorporated or not, and also a Hindu undividedfamily, a firm, a local authority, a club, acorporation, any social or religious institution, atrust, or society, a State Government or the CentralGovernment or artificial juridical person notfalling within any of the preceding descriptions.;

(h) ‘Place of business’ includes an office, or anyother place which a hotelier or a proprietor usesfor the purpose of business or where he keeps hisbooks of accounts in any media;

(i) ‘prescribed’ means prescribed by rulesmade under this Act;

(ii) ‘proprietor’ in relation to accommodationprovided for commercial purposes oraccommodation with luxuries provided forother purposes, includes person who for thetime being is in–charge of the management ofbuilding or part of building or tent or enclosureor an open space provided to conduct thebusiness, as the case may be;

(j) ‘receipt’ means the amount of monetaryconsideration received or receivable by a hotelieror a proprietor or by his agent for the luxuryprovided in a hotel or for the accommodationprovided for commercial purposes or foraccommodation with luxuries provided for otherpurposes;

(k) ‘registered ‘ means registered under section9 of this Act;

(l) ‘rules’ means rules made under this Act;

(ll) ‘Schedule’ means the Schedule appended to this Act;

(m) ‘State’ means the State of Goa;

(n) ‘tax’ means the tax levied on luxuriesprovided in a hotel or for accommodationprovided for commercial purpose/and on otherluxuries provided under this Act;

(o) ‘Tribunal’ means a Tribunal constitutedunder section 4;

(p) ‘turnover of receipts‘ means the aggregate

of the amount of monetary considerationreceived or receivable by a hotelier or by a

proprietor or by his agent in respect of luxuriesprovided in a hotel or for accommodation provided

for commercial purpose or for accommodationwith luxuries provided for other purposes, during

a year;

(q) ‘year’ means a financial year;

5. Incidence and levy of tax.— (1) Subject to theprovisions of this Act and the rules made thereunder,

there shall be levied a tax on the turnover of receiptsof a hotelier.

(2) There shall be levied a tax on the turnover ofreceipts at the rates provided in Schedule I hereto.

(3) Where in addition to the charges for luxury

provided in a hotel, service charges are levied andappropriated by the hotelier and not paid to the staff,

then such charges shall be deemed to be part of thecharges for luxury provided in the hotel.

(4) Where luxury provided in a hotel to any person(not being an employee of the hotel) is not charged

at all, nevertheless there shall be levied and collecteda tax on such luxury at one fourth of the rates

specified in sub-section (2), as if full charges for suchluxuries were paid to the hotelier.

(5) The tax shall not be levied and payable inrespect of the turnover of receipts for supply of food

and drinks, on the sale of which the hotelier is liableto pay tax under the Goa Value Added Tax Act, 2005

(Act 9 of 2005).



1023

(6) For the purposes of this Act, tax collected

separately by the hotelier shall not be considered tobe part of the receipt of the turnover of receipts of

the hotelier.

(7) (i) The Government may, by notification in theOfficial Gazette,—

(a) reduce any rate of tax;

(b) enhance any rate of tax; and may by like

notification, add to, or omit from, or otherwise

amend any entry, of the Schedule and thereupon

the Schedule shall be deemed to have been

amended accordingly.

(ii) Any notification issued under clause (i) shall

take effect prospectively, either from the date of

publication thereof in the Official Gazette or from

such later date as may be mentioned therein.

(iii) Every notification made under clause (i)

shall be laid as soon as may be after it is made on

the table of Legislative Assembly while it is in

session for a total period of thirty days which may

be comprised in one session or in two successive

sessions, and if, before the expiry of the session in

which it is so laid or the session immediately

following, the Legislative Assembly agrees in

making any modification in the notification or

the Legislative Assembly agrees that the

notification should not be made and notify such

decision in the Official Gazette, the notification

shall from the date of publication of such decision

have effect only in such modified form or be of no

effect, as the case may be, so however that any

such modification or annulment shall be without

prejudice to the validity of anything previously

done or omitted to be done under that notification.

SCHEDULE II

[See sections 9(2) and 9A]

Serial No. Category of business Amount ofregistration

charges/renewalcharges

1 2 3

Hotelier

(1) For hotels having upto 25 roomsincluding rent back accommo-dation, tourist home and any

1 2 3

other accommodation requiredto be covered under the GoaRegistration of Tourist Trade Act,1982 (Act 10 of 1982).

(2) For hotels having rooms in excessof 25 but upto 50 including rentback accommodation, touristhome and any other acco-mmodation required to becovered under the Goa Regi-stration of Tourist Trade Act, 1982(Act 10 of 1982).

(3) For hotels having rooms in excessof 50 but upto 100 including rentback accommodation, touristhome and any other accommo-dation required to be coveredunder the Goa Registration ofTourist Trade Act, 1982 (Act 10 of1982).

(4) For hotels having rooms in excessof 100 but upto 200 includingrent back accommodation,tourist home and any otheraccommodation required to becovered under the GoaRegistration of Tourist Trade Act,1982 (Act 10 of 1982).

(5) For hotels having rooms in excessof 200 including rent backaccommodation, tourist homeand any other accommodationrequired to be covered under theGoa Registration of Tourist TradeAct, 1982 (Act 10 of 1982).

Proprietor

(1) Accommodation provided forcommercial purposes.

(2) Accommodation with luxuriesprovided for other purposes.

__________

LA/LEGN/2012/1285

The following bill which was introduced inthe Legislative Assembly of the State of Goa on2nd August, 2012 is hereby published forgeneral information in pursuance ofRule–138 of the Rules of Procedure and Conductof Business of the Goa Legislative Assembly.

Rs. 1,000/-

Rs. 2,500/-

Rs. 5,000/-

Rs. 10,000/-

Rs. 15,000/-

Rs. 2,000/-

Rs. 2,000/-


1024

The Goa Commission for MinoritiesBill, 2012

(Bill No. 19 of 2012)

A

BILL

to provide for the establishment of theGoa Commission for Minorities to safe-guard the interests of the minorities in theState of Goa and to provide for mattersconnected therewith or incidental thereto.

Be it enacted by the Legislative Assemblyof Goa in the Sixty third year of the Republic ofIndia, as follows:—

CHAPTER I

Preliminary

1. Short title, extent and commencement.—(1) This Act may be called the Goa Commissionfor Minorities Act, 2012.


(3) It shall come into force on such date asthe Government may, by notification in theOfficial Gazette, appoint.

2. Definitions.— (1) In this Act, unless thecontext otherwise requires,—

(a) “Commission” means the GoaCommission for Minorities constituted undersection 3.

(b) “Government” means theGovernment of Goa;

(c) “member” means a member of theCommission and includes its Chairpersonand Vice-Chairperson;

(d) “minorities”, for the purposes of thisAct, means minority communities notifiedby the Central Government under section 2(c) of the National Commission for MinoritiesAct, 1992 (Central Act No. 19 of 1992), andwho are domiciled in the State of Goa;

(e)“notification” means a notificationpublished in the Official Gazette of theGovernment of Goa;

(f) “prescribed”means prescribed by therules made by the Government under thisAct.

CHAPTER II

The Goa Commission for Minorities

3. Constitution of the Goa Commission forMinorities.— (1) The Government may, bynotification, constitute a body to be known asthe Goa Commission for minorities to exercisethe powers conferred on, and to perform thefunctions assigned to it, under this Act.

(2) The Commission shall consist of aChairperson, a Vice-Chairperson and fivemembers to be nominated by the Governmentfrom amongst persons of eminence, ability andintegrity:

Provided that five members including theChairperson shall be from amongst theminority communities.

4. Term of office and conditions of service ofChairperson, Vice-Chairperson and membersof the Commission.— (1) The Chairperson,Vice-Chairperson and every member shallhold office for a term of three years from thedate he assumes office or until he attains theage of sixty-five years, whichever is earlier.

(2) The Chairperson, Vice-Chairperson or aMember may, by writing under his handaddressed to the Government, resign from theoffice of Chairperson, Vice-Chairperson ormember, as the case may be, at any time.

(3) A person shall be disqualified for beingappointed as and for being continued as aChairperson or Vice-Chairperson or a member,as the case may be, if he,—

(a) is an undischarged insolvent; or

(b) has been convicted and sentenced toimprisonment for an offence which, in theopinion of the Government involves moralturpitude; or



1025

(c) is of unsound mind and stands sodeclared by a competent Court; or

(d) has been removed or dismissed fromservice of the Central Government or anyState Government or a body or Corporationowned or controlled by the CentralGovernment or a State Government; or

(e) refuses to act or becomes incapable ofacting; or

(f) without obtaining leave of absencefrom the Commission, absents himself fromthree consecutive meetings of theCommission; or

(g) has, in the opinion of the Government,so abused the position of Chairperson,Vice-Chairperson or member, as to renderthat person’s continuance in officedetrimental to the interests of minorities orthe public interest:

Provided that no person shall be removedunder this clause until that person has beengiven a reasonable opportunity of being heardin the matter.

(4) Any person who is disqualified undersub-section (3) shall be removed by theGovernment

(5) A vacancy caused under sub-section (2)or otherwise shall be filled by freshnomination.

(6) The salaries and allowances payableto, and the other terms and conditions ofservice of, the Chairperson, Vice-Chairpersonand Members shall be such as may beprescribed.

5. Officers and other employees of the

Commission.— (1) The Government shall

provide the Commission with a Secretary and

such other officers and employees as may

be necessary for the efficient performance of

the functions of the Commission under this

Act.

(2) The salaries and allowances payable to,

and the other terms and conditions of service

of, the officers and other employees appointed

for the purpose of the Commission shall be

such as may be prescribed.

6. Salaries and allowances to be paid out of

grants.— (1) The salaries and allowances

payable to the Chairperson, Vice-Chairperson

and Members and the administrative

expenses, including salaries, allowances and

pensions payable to the officers and other

employees referred to in section 5, shall be paid

out of the grants referred to in sub-section (1)

of section 10.

7. Vacancies, etc., not to invalidate

proceedings of the Commission.— No act or

proceeding of the Commission shall be

questioned or shall become invalid merely on

the ground of the existence of any vacancy or

defect in the constitution of the Commission.

8. Procedure to be regulated by the

Commission.— (1) The Commission shall meet

as and when necessary and at such time and

place as the Chairperson may think fit.

(2) The Commission shall regulate its own

procedure.

(3) All orders and decisions of the

Commission shall be authenticated by the

signature of the Secretary or any other officer

of the Commission duly authorized by the

Secretary on his behalf.

CHAPTER III

Functions of the Commission

9. Functions of the Commission.— (1) TheCommission shall perform all or any of thefollowing functions, namely:—

(a) evaluate the progress of thedevelopment of minorities in the State;

(b) monitor the working of the safeguardsprovided in the Constitution of India and in


1026

laws enacted by Parliament and the StateLegislative Assembly of Goa;

(c) make recommendations for theeffective implementation of safeguards forthe protection of the interest of minoritiesby the Government;

(d) look into specific complaints regardingdeprivation of rights and safeguards of theminorities and take up such matters withthe appropriate authorities;

(e) cause studies to be undertaken intoproblems arising out of any discriminationagainst minorities and recommendmeasures for their removal;

(f) conduct studies, research and analysison the issues relating to socio-economic andeducational development of minorities;

(g) suggest appropriate measures inrespect of any minority to be undertaken bythe Government;

(h) make periodical or special reports tothe Government on any matter pertainingto minorities and in particular the difficultiesconfronted by them; and

(i) consider the grievances of theminorities and to suggest appropriatesolution from time to time;

(j) any other matter which may be referredto it by the Government:

Provided that if any matter specified insub-section (1) is undertaken by theNational Commission for Minoritiesconstituted under section 3 of the NationalCommission for Minorities Act, 1992(Central Act 19 of 1992), the Goa Commissionfor Minorities shall cease to have jurisdictionin such matters.

(2) The Government shall cause therecommendations referred to in clause (c) ofsub-section (1) to be laid before LegislativeAssembly of Goa along with a memorandumexplaining the action taken or proposed to betaken on the recommendations and the

reasons for the non-acceptance, if any, of anyof such recommendations or part thereof.

(3) The Commission shall, while performingany of the functions mentioned in sub-clauses(a), (b) and (d) of sub-section (1), have all thepowers of a civil court trying a suit and, inparticular, in respect of the following matters,namely:—

(a) summoning and enforcing theattendance of any person from any part ofthe State and examining him on oath;

(b) requiring the discovery andproduction of any document;

(c) receiving evidence on affidavits;

(d) requisitioning any public record orcopy thereof from any court or office;

(e) issuing commissions for theexamination of witnesses and/ordocuments; and

(f) any other matter which may beprescribed.

CHAPTER IV

Finance, Accounts and Audit

10. Grants by the Government.— (1) TheGovernment shall, after due appropriationmade by Legislative Assembly of Goa by lawin this behalf, pay to the Commission by wayof grants such sums of money as theGovernment may think fit for being utilized forthe purposes of this Act.

(2) The Commission may spend such sumsas it thinks fit for performing the functionsunder this Act, and such sums shall be treatedas expenditure payable out of the grantsreferred to in sub-section (1).

11. Accounts and Audit.— (1) TheCommission shall maintain proper accounts ofincome and expenditure of the Commissionand other relevant records and prepare anannual statement of accounts in such form asmay be prescribed.



1027

(2) The accounts of the Commission shall beaudited by such authority and at suchintervals as may be prescribed and anyexpenditure incurred in connection with suchaudit shall be payable by the Commission.

(3) As soon as may be after the receipt ofthe report of the auditor, the Commission shallsend a copy of the annual statement ofaccounts, together with a copy of the reportof the auditor to the Government.

(4) The Government may, after perusal ofthe report of the auditor give such directions,as it thinks fit, to the Commission and theCommission shall comply with such directions.

12. Annual Report.— The Commission shallprepare, in such form and at such time, for eachfinancial year, as may be prescribed, its annualreport, giving a full account of its activitiesduring the previous financial year and forwarda copy thereof to the Government.

13. Annual Report and Audit Report to belaid before Legislative Assembly.— TheGovernment shall cause the Annual Reporttogether with a memorandum of action takenon the recommendations contained therein,and the reasons for the non-acceptance, if any,of any of such recommendations and the AuditReport to be laid, as soon as may be after thereports are received, before the LegislativeAssembly of Goa.

CHAPTER V

Miscellaneous

14. Chairperson, Vice-Chairperson, Membersand staff of Commission to be publicservants.— The Chairperson, Vice--Chairperson, Members and employees of theCommission shall be deemed to be publicservants within the meaning of section 21 ofthe Indian Penal Code, 1860 ( 45 of 1860).

15. Power to make rules.— (1) TheGovernment may, by notification make rulesfor carrying out the provisions of this Act.

(2) In particular, and without prejudice tothe generality of the foregoing powers, such

rules may provide for all or any of the followingmatters, namely:—

(a) Salaries and allowances payable to,

and the other terms and conditions of

service of, the Chairperson, Vice-

-Chairperson and members under

sub-section (6) of section 4 and of officers

and other employees under sub-section (2)

of section 5;

(b) any other matter under clause (f) ofsub-section (3) of section 9;

(c) the form in which the annual statementof accounts shall be maintained undersub-section (1) of section 11;

(d) the authority, and the intervals at,which the accounts of the Commission shallbe audited;

(e) the form in, and the time at, which theAnnual Report shall be prepared undersection 12;

(f) any other matter which is required tobe, or may be, prescribed.

(3) Every rule made under this Act shall belaid, as soon as may be after it is made, beforethe Legislative Assembly of Goa, while it is insession for a total period of fourteen days whichmay be comprised in one session or in two ormore successive sessions, and if, before theexpiry of the session in which it is so laid orthe session immediately following, theLegislative Assembly makes any modificationin the rules or decides that the rules shouldnot be made, the rules shall thereafter haveeffect only in such modified form or be of noeffect, as the case may be, so, however, thatsuch modification or annulment shall bewithout prejudice to the validity of anythingpreviously done under those rules.

16. Power to remove difficulties.— (1) If anydifficulty arises in giving effect to theprovisions of this Act, the Government may,by order published in the Official Gazette, make


1028

such provisions, not inconsistent with theprovisions of this Act, as may appear to it tobe necessary or expedient for removing thedifficulty:

Provided that no such order shall be madeunder this section after the expiry of a periodof two years from the date of commencementof this Act.

(2) Every order made under this sectionshall, as soon as may be after it is made, belaid before the Legislative Assembly of Goa.


The Bill seeks to provide for the

establishment of the “Goa Commission for

Minorities” to safeguard the interests of the

minorities in the State of Goa and for the

matters connected therewith.



The creation of new establishment called“Goa Commission for Minorities” is proposedto be implemented by the Home Department.In terms of clause 6 and 10(2) of the Bill,financial implications are involved towardspayment of salaries and allowances of the staffand other administrative expenses of theCommission. Besides, depending uponschemes to be formulated from time to time,financial implication will be involved for therelease of grants/loans/subsidies etc.However, presently it may not be possible toexactly quantify the financial implications inthis regard.


Clause I(3) of the Bill empowers the

Government to appoint a date, by notification

in the Official Gazette, for bringing the Act

into force.

Clause 3(I) of the Bill empowers the

Government to constitute, by notification in the

Official Gazette, the Goa Commission for

Minorities.

Clause 4(6) of the Bill empowers theGovernment to frame rules for providingsalaries and allowances payable to, and otherterms and conditions of service of theChairperson, Vice-Chairperson and Membersof the Commission.

Clause 5(2) of the Bill empowers theGovernment to frame rules for providingsalaries and allowances payable to, and theother terms and conditions of service of, theofficers and employees appointed for thepurpose of Commission.

Clause 9(3) (f) of the Bill empowers theGovernment to frame rules for providingother matters where under the Commissionshall have powers for the purposes ofsub-clause (3) of Clause 9.

Clause 11(1) of the Bill empowers theGovernment to frame rules for providing theform in which the annual statement ofaccounts shall be prepared.

Clause 11(2) of the Bill empowers theGovernment to frame rules for providing anauthority by whom, and the intervals at which,the accounts of the Commission shall beaudited.

Clause 12 of the Bill empowers theGovernment to frame rules for providing theform in which, and the time at which, theannual report shall be prepared for eachfinancial year.

Clause 15 of the Bill empowers theGovernment to frame rules for carrying out thepurposes of the Act.

Clause 16 of the Bill empowers theGovernment to make order for removing anydoubt or difficulty, which arise while givingeffect to the provisions of the Act.

These delegations are of normal character.

Porvorim-Goa, MANOHAR PARRIKAR

30th July, 2012. Minister for Home


Porvorim–Goa. Secretary to the Legislative

30th July, 2012. Assembly of Goa.



1029


In pursuance of the Article 207 of the


the Governor of Goa hereby recommend the

introduction and consideration of the Goa

Commission for Minorities Bill, 2012 by the

Legislative Assembly of Goa.__________

LA/LEGN/2012/1286

The following bill which was introducedin the Legislative Assembly of the State ofGoa on 2nd August, 2012 is hereby publishedfor general information in pursuance ofRule–138 of the Rules of Procedure andConduct of Business of the Goa LegislativeAssembly.

_________

The Goa Electricity Duty(Amendment) Bill, 2012

(Bill No. 18 of 2012)

A

BILL

further to amend the Goa, Daman and DiuElectricity Duty Act, 1986 (Act 7 of 1986).

Be it enacted by the Legislative Assemblyof Goa in the Sixty third Year of the Republic ofIndia, as follows:—

1. Short title and commencement.— (1) ThisAct may be called the Goa Electricity Duty(Amendment) Act, 2012.

(2) It shall be deemed to have come into forceon the 9th day of May, 2012.

2. Amendment of Schedule.— In the

Schedule appended to the Goa, Daman and Diu

Electricity Duty Act, 1986 (Act 7 of l986)

(hereinafter referred to as the “principal

Act”),—

(I) in PART – A, for the figures “18”,wherever they occur, the figures “20” shallbe substituted;

(II) in PART – B, for the figures “58”,wherever they occur, the figures “70” shallbe substituted;

(III) in PART – C, for the figures “58”,wherever they occur, the figures “70” shallbe substituted;

(IV) in PART-D, for the figures “18”, thefigures “20” shall be substituted; and

(V) in PART-E, for the figures “18”, thefigures “20” shall be substituted.

3. Repeal and saving.— (1) The GoaElectricity Duty (Amendment) Ordinance,2012 (Ordinance No. 1 of 2012) is herebyrepealed.

(2) Notwithstanding such repeal, anythingdone or any action taken under the principalAct, as amended by the said Ordinance, shallbe deemed to have been done or taken underthe principal Act, as amended by this Act.


The Union Ministry of Power is mandating

that all States should strengthen the

transmission, sub-transmission and distri-

bution network within the States, so as to meet

the Government of India’s plan for ‘Capacity

Addition’ and also to make it possible to provide

“Open Access” as per the provisions of the

Electricity Act, 2003 (Central Act 36 of 2003).

The power demand of the State of Goa is also

growing at a fast pace. In order to cater to the

anticipated demand, as well as to provide

quality and reliable power supply to the

consumers, it is necessary to strengthen both

the transmission and sub-transmission

network in the State of Goa. This would also

help to meet the stringent regulations relating

to ‘Standards of Performance’ and ‘Supply

Code’.


1030

Building up of the transmission anddistribution network in the State of Goainvolves huge investment which cannot be metfrom the normal revenue requirement. In orderto mobilize additional revenue for theaforesaid, it is proposed to amend the Scheduleappended to the Goa, Daman and DiuElectricity Duty Act, 1986 (Act 7 of 1986) so asto increase the rates of duty leviable on theunits of energy consumed.

The Bill also seeks to repeal the GoaElectricity Duty (Amendment) Ordinance, 2012(Ordinance No. 1 of 2012) promulgated by theGovernor of Goa on 09-05-2012.



By increasing rates of duty leviable on theunits of energy consumed, as envisaged inthe Bill, the Government is likely to earn anaverage additional annual revenue of rupees28 Crores.



Porvorim-Goa, MILIND NAIK

27th July, 2012. Minister for Power

Assembly Hall, N. B. SUBHEDARPorvorim –Goa. Secretary to the

27th July, 2012. Legislative Assembly of Goa.




Governor of Goa, hereby recommend the

introduction and consideration of the Goa

Electricity Duty (Amendment) Bill, 2012, by the

Legislative Assembly of Goa.

ANNEXURE_________________________________________________

Extract of Part A, Part B, Part C, Part D and PartE of the schedule appended to The Goa, Damanand Diu Electricity Duty Act, 1986 (Act No. 7

of 1986)._________________________________________________

PART – A

In respect of –

Private houses, bungalows, clubs, hostels andhospitals run on non-commercial lines; charitable,education and religious institutions, etc. for lights,fans, radios, domestic heatings and other householdappliances –

Units consumed per month Paise/unit.

(a) for first 30 units 18

(b) for next 120 units 18

(c) for balance above 150 units 18

PART – BIn respect of—

Shops, offices, railways-stations, hotels,restaurants, photographic studios, X-Rayinstallations, laundries, drycleaners, cinemas,theatres, A.I.R. Stations and other commercialinstallations for lights, fans, radios, heating and otherappliances –

Units consumed per month Paise unit.

(a) for first 30 units 58(b) for next 120 units 58(c) for balance above 150 units 58

PART – CIn respect of –General motive power serviceUnits consumed per month Paise/unit.All units (for L.T. consumers) 58All units (for H.T. consumers) 58

PART – DIn respect of–Poultry, dairy, piggery, pisciculture, etc. for lights,

fans, heating and other appliances–

Units consumed per month Paise/unit.All units 18

PART – EIn respect of –Irrigation pumping and agricultural purposes –

Units consumed per month Paise/unit.

All units 18



1031

LA/LEGN/2012/1301

The following bill which was introduced inthe Legislative Assembly of the State of Goaon 3rd August, 2012 is hereby published forgeneral information in pursuance ofRule–138 of the Rules of Procedure andConduct of Business of the Goa LegislativeAssembly.

__________

The Goa Human Resource DevelopmentBill, 2012

(Bill No. 22 of 2012)

A

BILL

to make special provision for developinghuman resources in the State of Goa byimparting required training to theunemployed persons and to the work forcein the State of Goa, so as to make availablethe trained and skilled personnel to theGovernment Departments, Institutions,Government Undertakings, autonomousbodies, social institutions, Businessestablishments, individuals, etc., and alsowith a view to assist the unemployed youth,to get gainful employment and for thatpurpose to establish a Human ResourceDevelopment Corporation, and to provide formatters connected therewith or incidentalthereto.


CHAPTER I

Preliminary

1. Short title, extent and commencement.—(1) This Act may be called the Goa HumanResource Development Act, 2012.


(3) It shall come into force on such date, asthe Government may, by Notification, in theOfficial Gazette, appoint.

2. Definitions. — In this Act, unless thecontext otherwise requires,—

(a) “Corporation” means the Goa HumanResource Development Corporationestablished under section 3;

(b) “Government Bodies” includes,—

(i) all Government Departments;

(ii) all autonomous bodies andinstitutions which are establishedor under control of the Government;and

(iii) all corporations which are either

wholly owned by the Government or

partly in which not less than fifty-one

percent of the paid up share capital is

held by the Government;

(c) “Government” means the Govern-ment of Goa.

(d) “Official Gazette” means the OfficialGazette of the Government;

(e) “premises” means any land orbuilding or part of a building andincludes,—

(i) the garden, grounds and out-houses,if any, appertaining to such building orpart of a building; and

(ii) any fittings affixed to such buildingor part of a building for the morebeneficial enjoyment thereof;

(f) “prescribed” means prescribed byrules made under this Act;

(g) “private firms” includes business

houses, establishments, companies,

partnership firms, etc., which are run by

private individuals or groups;

(h) “services” means any services, such

as housekeeping, security, maintenance

and operation, gardening, etc.;


1032

CHAPTER II

Establishment and Constitution of the Corporation

3. Establishment and incorporation.— (1)For the purpose of providing trained personnelfor all types of services like housekeeping,security, maintenance and operations,gardening, etc. to various Government bodies,private firms, individuals, etc., in the State ofGoa, there shall be established by theGovernment, by notification in the OfficialGazette, a Corporation by the name the GoaHuman Resource Development Corporation.

(2) The said Corporation shall be a bodycorporate with perpetual succession and acommon seal, and may sue and be sued in itscorporate name, and shall be competent toacquire, hold and dispose of property, bothmovable and immovable, and to contract, anddo all things necessary for the purposes of thisAct.

4. Constitution. — (1) The Corporation shallconsist of the following ten directors, that isto say:—

(a) Secretary/Special Secretary to theGovernment of Goa, Department ofPersonnel;

(b) Additional Secretary/Joint Secretaryto the Government of Goa, Department ofPersonnel;

(c) Additional Secretary/Joint Secretaryto the Government of Goa, Department ofFinance;

(d) Commissioner, Labour and Employ-ment or Deputy Labour Commissioner, asmay be decided by the Government;

(e) Director of Health Services;

(f) four persons having shown capacityin human resource development to benominated by the Government;

(g) The Managing Director of theCorporation, shall be the Chief ExecutiveOfficer of the Corporation and shall also bethe Ex-Officio Secretary to the Corporation.

(2) The Government shall appoint one of thedirectors of the Corporation to be the Chairmanof the Corporation and another to be theVice-Chairman.

5. Disqualification for being director.— Aperson shall be disqualified for beingnominated as a director of the Corporation, ifhe,—

(a) is an employee of the Corporation, notbeing the Managing Director; or

(b) is of unsound mind, and stands sodeclared, by a competent court; or

(c) is an undischarged insolvent; or

(d) is convicted of an offence involvingmoral turpitude within a period of five yearsimmediately before his being nominated asa director.

6. Term of office and conditions of service ofdirectors.— (1) The Chairman, Vice-Chairmanand directors of the Corporation nominatedunder clause (f) of sub-section (1) of section4, shall hold office for a period of three yearsfrom the date of their nomination unless theirterm of office is terminated earlier by theGovernment.

(2) The directors of the Corporationnominated under clause (f) of sub-section (1)of section 4 shall be entitled to draw suchhonorarium or compensatory allowance forthe purpose of meeting the personalexpenditure for attending the meeting of theCorporation or of any Committee thereof orwhen appointed in connection with the workundertaken by or for the Corporation, as maybe prescribed.

(3) It is hereby declared that the office ofdirector or Chairman or Vice-Chairman of theCorporation, in so far as it is an office of profitunder the Government of India, or theGovernment of any State, or the Governmentof any Union territory, shall not disqualifythe holder for being chosen as, and for being,a member of the Legislative Assembly ofGoa.



1033

7. Meetings of Corporation.— (1) TheCorporation shall meet at such times andplaces, and shall, subject to the provisions ofsub-section (2), observe such rules ofprocedure in regard to the transaction of itsbusiness as may be provided by regulationsmade under this Act.

(2) A director who is directly or indirectlyconcerned or interested in any contract, loan,arrangement or proposal entered into orproposed to be entered into by or on behalf ofthe Corporation, shall at the earliest, possibleopportunity, disclose the nature of his interestto the Corporation, and shall not be presentfor any meeting of the Corporation when anysuch contract, loan, arrangement or proposalis discussed.

8. Cessation of being Director.— (1) If adirector,—

(a) becomes, subject to any of thedisqualifications mentioned in section 5; or

(b) tenders his resignation in writing to,and such resignation is accepted by, theGovernment; or

(c) is absent without the Corporation’spermission from three consecutive meetingsof the Corporation, or from all meetings ofthe Corporation for three consecutivemonths; or

(d) is convicted of an offence involvingmoral turpitude,- he shall cease to be adirector of the Corporation.

(2) The Government may, by order, suspendfrom office for such period as it thinks fit, orremove from office any director of theCorporation, who in its opinion,—

(a) has refused to act; or

(b) has become incapable of acting; or

(c) has so abused his position as directoras to render his continuance on theCorporation detrimental to the interestthereof or of the general public; or

(d) is otherwise unfit to continue asdirector:

Provided that, a director shall not besuspended or removed from office unless hehas been given a reasonable opportunity toshow cause against the order.

9. Vacancies how to be filled.— Any vacancyof a director of the Corporation shall be filledas early as practicable, in like manner as if theappointment was being made originally:

Provided that, during any such vacancy thecontinuing directors may act as if no vacancyhad occurred.

10. Temporary absence of directors.— (1) Ifthe Chairman or Vice-Chairman or any otherdirector of the Corporation is by reason ofillness or otherwise rendered temporarilyincapable of carrying out his duties or isgranted leave of absence by the Government,or is otherwise unable to attend to his dutiesin circumstances not involving the cessationof his directorship, the State Government mayappoint another person to act for him andcarry out his duties and functions by or underthis Act. Such person shall vacate office on thedate when the director for whom he is actingresumes his duties.

(2) In the absence of the Chairman, the Vice--Chairman shall preside over the meetings ofthe Corporation and in the absence of bothChairman and Vice-Chairman, the directorspresent shall choose amongst them thePresiding Officer to preside over the meetingsof the corporation.

11. Proceeding presumed to be good andvalid.— No disqualification of, or defect in theappointment of any person acting as theChairman, Vice-Chairman or a director of theCorporation, shall vitiate any act or proceedingof the Corporation, if such act or proceedingis otherwise in accordance with theprovisions of this Act.

12. Officers and servants of the Corporation.—(1) The Government shall appoint a Managing


1034

Director of the Corporation and a ChiefAccounts Officer of the Corporation.

(2) The Corporation may appoint such otherofficers and servants, subordinate to theofficers mentioned in sub-section (1), as itconsiders necessary for the efficientperformance of its duties and functions.

(3) The conditions of appointment andservice of the officers and servants of theCorporation and their scales of pay shall,—

(a) as regards the Managing Director andChief Accounts Officer, be such as may beprescribed; and

(b) as regards the other officers andservants, be such as may be determined byregulations made under this Act.

CHAPTER III

Functions and Powers of the Corporation

13. Functions.— The functions of theCorporation shall be—

(i) generally to provide trained and skilledpersonnel for all types of services likehousekeeping, security, maintenance andoperations, gardening, etc., to variousGovernment bodies, private firms,Individuals, etc. in the State of Goa, with theaim to generate employment among theunemployed youth, work for their welfareand upliftment.

(ii) in particular, and without prejudiceto the generality of clause (i), to—

(a) provide personnel to renderadequate and proper service to theGovernment departments, and otheragencies and individuals as mentioned insub-clause (i);

(b) provide employment opportunitiesto the unemployed persons and personsbelonging to the weaker section of societywho are efficient to work so that they arenot exploited by the middle man orcontractors;

(c) impart training to, and develop skillsin, the personnel in order to equip themfor disposal of their duties efficiently andeffectively;

(d) provide regular training to, andconduct refresher courses for, theexisting employees of the Governmentbodies at various levels, to upgrade theirknowledge and skill;

(e) design training modules keeping inview the requirement of personnel invarious Government Departments or asper clients requirements, from time totime;

(f) undertake the work of house-keeping, security service, maintenanceand operation, gardening, etc., and forthat purpose get registration/licencesunder the relevant law in force;

(g) hold conferences, workshops, paneldiscussions, etc., in the field of HumanResource Development;

(h) to tie up with educationalinstitutions/university for gettingknowhow about development of HumanResources;

(i) develop and implement schemes forthe benefit of unemployed youth, with anaim to provide them employment andnecessary skill that may be required, forthe purpose;

(j) undertake schemes or works eitherjointly or on agency basis, with othercorporate bodies or institutions, or withthe Government, in furtherance of thepurposes for which the Corporation isestablished and all matters connectedtherewith;

(k) undertake and carry out all suchrelated activities as the Government may,from time to time, decide to beundertaken or carried out by theCorporation;

(l) receive grants from the State andCentral Government for the maintenance



1035

of administrative setup of the Corporation.Further, grants could be received from theCorporates for purpose of training andskill development of their manpower forwhich purpose the Corporation may tieup with the existing training institutes,set up in the State of Goa or outside theState of Goa;

(m) survey and identify training gaps//training needs in Government bodies,private firms, etc., whenever required,and provide solutions to meet therequirement and bridge the gaps.

14. General powers of the Corporation.—Subject to the provisions of this Act, theCorporation shall have power—

(a) to acquire and hold such property,both movable and immovable, as theCorporation may deem necessary for theperformance of any of its activities and tolease, sell, exchange or otherwise transferany property held by it on such conditionsas may be deemed proper by theCorporation;

(b) to constitute advisory committee toadvise the Corporation;

(c) to engage suitable consultants orpersons having special knowledge or skillsto assist the Corporation in the performanceof its functions;

(d) subject to the previous permission ofthe Government, to delegate any of itspowers generally or specially to any of itscommittees or Officers, and to permit themto re-delegate specific powers to theirsubordinates;

(e) to enter into and perform all suchcontracts as it may consider necessary orexpedient for carrying out any of it’sfunctions;

(f) to enter into any trade and businessand invest the surplus money with the aimof earning profit for strengthening the

financial position of the Corporation andspend it for achieving the aims and objectsof the Corporation; and

(g) to do such other things and performsuch acts as it may think necessary orexpedient for the proper conduct of itsfunctions and carrying into effects thepurposes of this Act.

15. Authentication of orders anddocuments of Corporation.— All permissions,orders, decisions, notices and otherdocuments of the Corporation shall beauthenticated by the signature of officerauthorised by the Corporation in this behalf.

16. Directions by the Government.— TheGovernment may issue to the Corporationsuch general or special directions as to policyas it may think necessary or expedient for thepurpose of carrying out the purposes of thisAct, and the Corporation shall be bound tofollow and act upon such directions.

CHAPTER IV

Finance, Accounts and Audit

17. Application of Corporation’s assets.— Allproperty, funds and other assets vesting in theCorporation shall be held and applied by it,subject to the provisions and for the purposesof this Act.

18. Corporation’s fund .— (1) TheCorporation shall have and maintain its ownfund, to which shall be credited—

(a) all monies received by the Corporationby way of grants, subventions, loans,advances or otherwise;

(b) all fees, costs and charges receivedby the Corporation under this Act;

(c) all monies received by the Corporationfrom the disposal of lands, buildings andother properties, movable and immovable,and other transactions;

(d) all monies received by the Corporationby way of rents and profits, or in any other


1036

manner or from any other source includingthe proceeds of any loan authorized bysection 20.

(2) The Corporation may keep in current ordeposit account with the State Bank of Indiaor any other Bank approved by theGovernment in this behalf such sum of moneyout of its fund as may be prescribed and anymoney in excess of the said sum shall beinvested in such manner as may be approvedby the Government.

(3) Such accounts shall be operated uponby such officers of the Corporation as may beauthorized by it by regulations made in thisbehalf.

19. Grants, subventions, loans andadvances and capital contribution to theCorporation.—The Government may, after dueappropriation made by the State Legislatureby law in this behalf, make such grants,subventions, loans and advances and capitalcontribution to the Corporation as it may deemnecessary for the performance of the functionsof the Corporation under this Act; and allgrants, subventions, loans and advances andcapital contribution made shall be on suchterms and conditions as the Government may,after consulting the Corporation, determine.

20. Power of the Corporation to borrow.—The Corporation may, subject to suchconditions as may be prescribed in this behalf,borrow money in the open market orotherwise, with a view to providing itself withadequate resources.

21. Reserve and other funds.— (1) TheCorporation shall make provision for suchreserve and other specially denominatedfunds as the Government may, from time totime, direct.

(2) The management of the funds referredto in sub-section (1), the sums to betransferred from time to time to the creditthereof and the application of moneycomprised therein, shall be determined by theCorporation.

(3) None of the funds referred to insub-section (1) shall be utilized for anypurpose other than that for which it wasconstituted, without the previous approval ofthe Government.

22. Expenditure from funds.— (1) TheCorporation shall have the authority to spendsuch sums as it thinks fit for the purposesauthorized under this Act from out of thegeneral fund of the Corporation referred to insection 18 or from the reserve and other fundsreferred to in section 21, as the case may be.

(2) Without prejudice to the generality ofthe power conferred by sub-section (1), theCorporation may contribute such sums as itthinks fit towards expenditure incurred or tobe incurred in the performance of any of thestatutory functions of the Corporation,including expenditure incurred in theacquisition of land.

23. Budget and programme of work.— (1)The Corporation shall, by such date in eachyear as may be prescribed, prepare andsubmit to the Government for approval anannual financial statement and theprogramme of work for the succeedingfinancial year.

(2) The annual financial statement shallshow the estimated receipts and expenditureduring the succeeding financial year in suchform and details as may be prescribed.

(3) The Corporation shall be competent tomake variations in the programme of work inthe course of the year provided that all suchvariations and re-appropriations out of thesanctioned budget are brought to the noticeof the Government by a supplementaryfinancial statement.

(4) A copy each of the annual financialstatement and the programme of work and thesupplementary financial statement, if any,shall be placed before the LegislativeAssembly as soon as may be after their receiptby the Government.



1037

24. Accounts and audit.— (1) TheCorporation shall maintain books of accountand other books in relation to its business andtransactions in such form, and in such manner,

as may be prescribed.

(2) The accounts of the Corporation shall be

audited by an auditor appointed by the

Government, in the prescribed manner.

(3) As soon as the accounts of the

Corporation are audited, the Corporation shall

send a copy thereof with a copy of the report

of the auditor thereon to the Government.

(4) The Government shall cause the

accounts of the Corporation together with the

audit report thereon forwarded to it under

sub-section (3) to be laid annually before the

Legislative Assembly.

25. Concurrent and special audit of

accounts.— (1) Notwithstanding anything

contained in section 24, the Government may

order that there shall be concurrent audit of

the accounts of the Corporation by such

persons as it thinks fit. The Government may

also direct a special audit to be made by such

person as it thinks fit of the accounts of the

Corporation relating to any particular

transaction or class or series of transactions

or to a particular period.

(2) When an order is made under sub--section (1), the Corporation shall present orcause to be presented for audit such accountsand shall furnish to the person appointedunder sub-section (1) such information as thesaid person may require for the purpose ofaudit.

CHAPTER V

Supplementary and Miscellaneous Provisions

26. Furnishing of returns etc.— (1) TheCorporation shall furnish to the Governmentsuch returns, statistics, reports, accounts andother information with respect to its conductof affairs, properties or activities or in regard

to any proposed work or scheme as theGovernment may from time to time require.

(2) The Corporation shall, in addition to theaudit report referred to in section 24, furnishto the Government an annual report on itsworking as soon as may be after the end ofeach financial year in such form and detail asmay be prescribed, and a copy of the annualreport shall be placed before the LegislativeAssembly as soon as may be after it is receivedby the Government.

27. Recovery of sums due to the Corporationas arrears of land revenue.— All sums payableby person to the Corporation or recoverableby it by or under this Act and all charges orexpenses incurred in connection therewithshall, without prejudice to any other modeof recovery, be recoverable as arrears ofland revenue on the application of theCorporation.

28. Default in performance of duty.— (1) Ifthe Government is satisfied that theCorporation has made a default in performingof any duty or obligation imposed or cast on itby or under this Act, the Government may fixa period for the performance of that duty orobligation and give notice to the Corporationaccordingly.

(2) If, in the opinion of the Government, theCorporation fails or neglects to perform suchduty or obligation within the period so fixedfor its performance, it shall be lawful for theGovernment to supersede and reconstitute theCorporation, as it deems fit.

(3) After the supersession of the Corporationand until it is re-constituted in the manner laiddown in Chapter II, the powers, duties andfunctions of the Corporation under this Actshall be carried on by the Government or bysuch officer or officers or body of officers asthe Government may appoint for this purposefrom time to time.

(4) All properties vested in the Corporationshall, during the period of supersession, vestin the Government.


1038

29. Dissolution of Corporation.— (1) Where

the Government is satisfied that the purposesfor which the Corporation was establishedunder this Act have been substantiallyachieved so as to render the continuedexistence of the Corporation in the opinionof the Government unnecessary, theGovernment may, by notification in the OfficialGazette, declare that the Corporation shall bedissolved with effect from such date as maybe specified in the notification, and theCorporation, shall be deemed to be dissolvedaccordingly.

(2) From the said date—

(a) all properties, funds and dues whichare vested in, or realizable by, theCorporation shall vest in, or be realizableby, the Government;

(b) all liabilities which are enforceableagainst the Corporation shall be enforceableagainst the Government.

30. Power to make rules.— (1) TheGovernment, after consultation with theCorporation in regard to matters concerningit, may, by notification in the Official Gazette,make rules to carry out the purposes of thisAct:

Provided that, consultation with theCorporation shall not be necessary on the firstoccasion of the making of rules under thissection, but the Government shall take intoconsideration any suggestions which theCorporation may make in relation to theamendment of such rules after they are made.

(2) In particular and without prejudice tothe generality of the foregoing power, suchrules may provide for all or any of the followingmatters, namely:—

(a) under section 6, the honorarium andcompensatory allowance of the directors ofthe Corporation;

(b) under section 12, the conditions ofappointment and service and the scales ofpay of the Managing Director and the ChiefAccounts Officer of the Corporation;

(c) under section 18, the sums of moneyto be kept by the Corporation in current anddeposit accounts;

(d) under section 20, the conditionssubject to which the Corporation mayborrow;

(e) under section 23, the date by whichthe annual financial statement andprogramme of work shall be submitted bythe Corporation to the Government and theform and details of preparing suchstatement;

(f) under section 24, the form and mannerof maintaining accounts;

(g) under section 26, the form of, and thedetails to be given in, the annual report;

(h) the fees which may be charged by theCorporation;

(i) any other matter which has to be, ormay be, prescribed by rules.

(3) All rules made under this section shallbe laid for not less than fourteen days beforethe Legislative Assembly as soon as possibleafter they are made, and shall be subject tosuch modifications as the LegislativeAssembly may make during the session inwhich they are so laid, or the sessionimmediately following.

31. Power to make regulations.— (1) TheCorporation may, with the previous approvalof the Government, make regulationsconsistent with this Act and the rules madethereunder to carry out, the purposes of thisAct, and without prejudice to the generalityof this power, such regulations may providefor:—

(a) under section 7(1), the time and placeof meetings of the Corporation and theprocedure to be followed in regard to thetransaction of business at such meetings;

(b) under section 12, the conditions of

appointment and service and the scales of

pay of officers and servants of the



1039

Corporation, other than the Managing

Director and the Chief Accounts Officer;

(c) under section 18(3), the officers of the

Corporation who may operate it’s accounts;

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

may be, provided by regulations.

(2) All regulations made under this section

shall be published in the Official Gazette and

shall be laid for not less than fourteen days

before the Legislative Assembly as soon as

possible after they are made, and shall be

subject to such modifications as the

Legislative Assembly may make during the

session in which they are so laid, or the session

immediately following.

32. Protection of action taken in good

faith.— No suit, prosecution or other legal

proceedings shall lie against any person for

anything which is in good faith done or

intended to be done under this Act or any rule

or regulation made thereunder.

33. Notice of suit and limitation of suits

against the Corporation, Committees, Officers

and servants for acts done in pursuance of

execution of this Act.— (1) No suit shall lie

against the Corporation or against any

Committee constituted under this Act or

against any Officer, or servant of the

Corporation in respect of any act done in

pursuance or the execution or intended

execution of this Act, or in respect of any

alleged neglect, or default in the execution ofthis Act—

(a) unless it is commenced within sixmonths after the accrual of the cause ofaction; and

(b) until the expiration of two monthsafter the notice in writing has been, in thecase of the Corporation or its Committee,delivered or left at the Corporation’s officeand in the case of an Officer or servant ofthe Corporation, delivered to him or left at

his office or place of abode; and all suchnotices shall state with reasonableparticulars the cause of action and the nameand place of abode of the intending plaintiffand of his advocate, pleader, or agent, if any,for the purpose of the suit.

(2) If the defendant in any such suit is anofficer, or servant of the Corporation, paymentof any sum or part thereof payable by him inor in consequence of the suit may, with thesanction of the corporation, be made from theCorporation funds.

34. Directors, officers and staff ofCorporation to be public servants.— Alldirectors, officers and servants of theCorporation shall, when acting or purportingto act in pursuance of any of the provisions ofthis Act, be deemed to be public servantswithin the meaning of section 21 of the IndianPenal Code, 1860 (45 of 1860).

35. Power to remove doubts and difficulties.—(1) If any doubt or difficulty arises in givingeffect to the provisions of this Act, theGovernment may, by order published in theOfficial Gazette, make provisions or give suchdirection not inconsistent with the expressprovisions of this Act, as may appear to it tobe necessary or expedient for the removal ofthe doubt or difficulty:

Provided that no order shall be made underthis section after the expiry of two years fromthe date of commencement of this Act.

(2) Every order made under this sectionshall, as soon as may be after it is made, belaid before the Legislative Assembly.


The Bill seeks to make special provision fordeveloping human resources in the State ofGoa by imparting required training, to theunemployed persons and to the work force inthe State of Goa so as to make available thetrained and skilled personnel for all types ofservices like housekeeping, security,maintenance and operation, gardening, etc.,


1040

to various Government Departments,Government Undertakings, autonomousbodies, social institutions, businessestablishments, individuals, etc. in the Stateof Goa, and also to assist unemployed personsto get gainful employment.

The Bill also seeks to establish HumanResource Development Corporation for theaforesaid purpose.

This Bill seeks to achieve above objects.


The Bill seeks to provide grants,subventions, loans and advances and capitalcontribution to the Corporation under the Actto be enacted.

All grants, subventions, loans and advancesand capital contribution made shall be on suchterms and conditions as the Government may,after consulting the Corporation, determine.


Clause 1(3) of the Bill empowers theGovernment to issue notification forappointing the date to bring into force the Act.

Clause 6(2) of the Bill empowers theGovernment to frame rules to specify theamount of honorarium or compensatoryallowance that the Directors of the Corporationnominated under clause 4(1)(f) of the Bill shallbe entitled to draw.

Clause 8(2) of the Bill empowers theGovernment to issue an order to suspend orremove from office any Director of theCorporation.

Clause 12(3) of the Bill empowers theGovernment to frame rules as regards theconditions of appointment and service andscale of pay of the Managing Director andChief Accounts Officer.

Clause 18(2) of the Bill empowers theGovernment to frame rules to specify the sumof money, which the Corporation may keep inCurrent or Deposit account.

Clause 20 of the Bill empowers theGovernment to frame the rules specifyingconditions subject to which the Corporationmay borrow money from the open market orotherwise.

Clause 23(1) of the Bill empowers theGovernment to frame rules to specify the datefor preparation and submission of annualfinancial statement and the programme ofwork in each year.

Clause 23(2) of the Bill empowers theGovernment to frame rules to specify the formand details of the estimated receipts andexpenditure during the succeeding financialyear.

Clause 24(1) of the Bill empowers theGovernment to frame rules to specify the formand manner in which the Corporation shallmaintain books of accounts and other booksin relation to its business and transactions.

Clause 24(2) of the Bill empowers theGovernment to frame rules to specify themanner in which an auditor shall be appointedby the Government.

Clause 26(2)of the Bill empowers theGovernment to frame rules to specify the formand details in which the Corporation shallfurnish to the Government an annual reportof its working.

Clause 30 of the Bill empowers theGovernment to make rules to carry out thepurposes of the Act.

Clause 31 of the Bill empowers theCorporation to make regulations with theprevious approval of the Government.

Clause 35 of the Bill empowers theGovernment to issue an order for the removalof any doubt or difficulty which arises ingiving effect to the provisions of the Act.


Assembly Hall, MANOHAR PARRIKAR

Porvorim-Goa. Chief Minister

1st August, 2012.


Porvorim-Goa. Secretary to the Legislative

1st August, 2012. Assembly of Goa.



1041


In pursuance of the Article 207 of theConstitution of India, I, Shri Bharat VirWanchoo, Governor of Goa, herebyrecommend to the Legislative Assembly ofGoa, the introduction and consideration of theGoa Human Resource Development Bill, 2012,(Bill No. 22 of 2012).

__________

LA/LEGN/2012/1302


__________

The Indian Stamp (Goa Amendment)Bill 2012

(Bill No. 26 of 2012)

A

BILL

further to amend the Indian Stamp Act, 1899(2 of 1899), as in force in the State of Goa.


1. Short title and commencement.— (1) ThisAct may be called the Indian Stamp (GoaAmendment) Act, 2012.

(2) It shall come into force from the date ofit’s publication in the Official Gazette.

2. Insertion of new section 3A.— Aftersection 3 of the Indian Stamp Act, 1899(2 of 1899), as in force in the State of Goa,the following section shall be inserted,namely:—

“3A”. Instrument of grant or renewal of amining lease chargeable with duty.— (1)

Notwithstanding anything contained in anyother provisions of this Act and rules madethereunder, on every instrument of grant orrenewal of a mining lease, the stamp dutychargeable shall be equivalent to the fifteenper cent of the amount of royalty that wouldaccrue out of the annual extraction of mineralspermitted under the Environmental Clearanceissued for such mining lease under therelevant law in force, multiplied by the periodof the lease.

Explanation:— For the purposes of sub--section (1), the average royalty of the highestgrade of minerals from the year ofcommencement of the Indian Stamp (GoaAmendment) Act, 2012 shall be taken intoconsideration.

(2) The duty chargeable under this sectionshall be paid in cash in any Governmenttreasury or Government Sub-treasury and thereceipt or challan therefore in duplicate shallbe given by the officer in charge thereof. Onecopy of receipt or challan shall be submittedalongwith an application for grant or renewalof a mining lease made as per the provisionsof relevant law in force. Another copy shallbe presented to the Chief ControllingRevenue Authority, at the time of executionof lease deed, who shall, after due verificationthat the duty has been paid in cash, make anendorsement to that effect on the instrumentto the following effect, after cancelling suchreceipt or challan so that it cannot be usedagain, namely:—

“Stamp duty of Rs. ........ paid in cash videReceipt/Challan No. ...... dated the ........”

........................................Signature and Seal

of the Chief Controlling

Revenue Authority

(3) Where an application for renewal of amining lease has been already made to theState Government prior to the expiry of thelease but renewal of the lease has not been


1042

granted by the State Government or themining lease whose period is deemed to havebeen extended as per provisions containedin the relevant law in force by a further periodtill the State Government passes an orderthereon, the stamp duty payable undersub-section (1) shall be paid by the applicantwithin a period of sixty days from the dateof commencement of the Indian Stamp(Goa Amendment) Act, 2012, in the mannerstated in sub-section (2) above.

(4) If the application for grant or renewalof mining lease is rejected by the StateGovernment then the applicant shall beentitled for refund of full stamp duty paid byhim without interest. In case of a mininglease whose period is deemed to have beenextended by a further period till the StateGovernment passes an order thereon and theState Government at a later date passes anorder rejecting the renewal of the lease, theapplicant shall be entitled for refund of suchamount of stamp duty as arrived at bydeducting from the total amount of stamp dutypaid, the stamp duty chargeable in respectof such mining lease till the date of suchrejection order:

Provided that no such refund shall be madeif the order rejecting the application ischallenged or the time limit for presentingan application for revision of the order ofrejection is not expired”.

Statement of Object and Reasons

There are around 337 mining leases whichhave been granted by the Government of Goato various parties. These leases expired on21-11-2007. Prior to the said date of expiry,the lessees submitted their applications forrenewal or extension of the mining leases forfurther term of 20 years. However, due tovarious reasons the Government of Goa wasnot in a position to execute lease deeds forthe purpose of renewal or extension of thesaid lease but leases got extended till theState Government passes an order on suchapplications by virtue of provisions containedin sub-rule (6) of rule 24A of the Mineral

Concession Rules, 1960, and, as aconsequence, the Government of Goa wasdeprived of a very large amount of revenueby way of stamp duty which otherwise wouldhave been payable by the lessees on therenewal of mining leases. In order to enablethe Government of Goa to recover the saidamount of stamp duty which wouldotherwise be lost, it is proposed to make aprovision to the Indian Stamp Act, 1899 (2 of1899), as in force in the State of Goa, in orderto provide for payment of stamp duty withina period of 60 days from the date ofcommencement of the Indian Stamp (GoaAmendment) Act, 2012, and thus recover thesame on all such pending applications. It isalso proposed to levy, on every instrument ofgrant or renewal of a mining lease, the stampduty equivalent to the 15% of the amount ofroyalty that would accrue out of the annualextraction of minerals permitted under theenvironmental clearance issued for a mininglease under the relevant law in force,multiplied by the period of lease.

The Bill, accordingly, seeks to insert a newsection 3A in the Indian Stamp Act, 1899(2 of 1899), as in force in the State of Goa.



No financial implications are involved inthis Bill. However, it would generateadditional revenue.



Porvorim-Goa. ADV. FRANCIS D’SOUZA

1st August, 2012. Minister for Revenue

Assembly Hall, N. B. SUBHEDARPorvorim-Goa. Secretary to the Legislative

1st August, 2012. Assembly of Goa



1043

Governor’s Recommendation under Article 207 ofthe Constitution of India

In pursuance of Article 207 of theConstitution of India, I, Bharat Vir Wanchoo,the Governor of Goa, hereby recommend theintroduction and consideration of the IndianStamp (Goa Amendment), Bill, 2012, by theLegislative Assembly of Goa.

BHARAT VIR WANCHOO Governor of Goa

Date:- 1st August, 2012.__________

LA/LEGN/2012/1303


__________

The Goa Value Added Tax(Sixth Amendment) Bill, 2012

(Bill No. 23 of 2012)

A

BILL

further to amend the Goa Value Added TaxAct, 2005 (Goa Act 9 of 2005).

Be it enacted by the Legislative Assemblyof Goa, in the Sixty-third Year of the Republicof India, as follows:—

1. Short title and commencement.— (1) ThisAct may be called the Goa Value Added Tax(Sixth Amendment) Act, 2012.

(2) It shall come into force at once except

sections 3, 4(i) which shall be deemed to have

come into force on 1st day of April, 2012 and

section 4(ii) on 1st day of April, 2011.

2. Amendment of section 6.— In section 6of the Goa Value Added Tax Act, 2005 (GoaAct 9 of 2005) (hereinafter referred to as the“principal Act”), in sub-section (2), for thewords “by Notification”, the expression “byNotification in the Official Gazette, to takeeffect, either prospectively or retrospectively,from the date as may be mentioned therein”,shall be substituted.

3. Amendment of section 9.— In section 9of the principal Act,—

(i) in sub-section (2), for clause (viii), thefollowing clause shall be substituted,namely:—

“(viii) in respect of goods used in themanufacture or processing of finishedgoods dispatched other than by way ofsales outside the State except in case ofinput tax credit claimed against entry taxpaid under sub-section (6) of this section;”;

(ii) in sub-section (6), the following provisoshall be inserted, namely:—

“Provided that in respect of finishedproducts dispatched by way other thansales, the input tax credit on goods otherthan those covered by Schedule ‘G’ shallbe to the extent it exceeds the ratespecified under sub-section (1) of section 8of the Central Sales Tax Act, 1956 (CentralAct 74 of 1956).”.

4. Amendment of section 10.— In section10 of the principal Act,—

(i) for sub-section (2), the following sub--section shall be substituted, namely:—

“(2) After adjustment under sub-section(1), the excess input tax credit of aregistered dealer, other than those coveredunder sub-section (3), shall be carried overas an input tax credit to the subsequentperiod:

Provided that in case input tax credit atthe end of the last quarter of the year exceeds


1044

rupees two lakhs, the dealer shall file anapplication in the prescribed form withinthree months to carry forward input taxcredit and the Commissioner shall decide thesame within three months from the date offiling of such application and thereafter theexcess input tax credit, if any, shall beallowed to be carried forward accordingly:

Provided further that if any assessment, isdone for the period then only the excess inputtax credit as determined in the saidassessment shall be allowed to be carriedforward.”;

(ii) in sub-section (4), the “Explanation”thereto shall be omitted.

5. Amendment of section 24.—In section24 of the principal Act,—

(i) for sub-section (1), the following sub--section shall be substituted, namely:—

“(1) Every registered dealer shall file acorrect and complete return in such form,in such manner, for such period, by suchdate and to such authority, as may beprescribed. In addition, the Commissionermay require the registered dealers tofurnish any data, for the purpose ofcollecting statistics, relating to any matterdealt with in connection to this Act.”;

(ii) after sub-section (3), the following sub--section shall be inserted, namely:—

“(4) Any return filed under sub-section(1), without proper payment of tax as due,shall not be considered as a return filedunder the provisions of this Act andtherefore shall be liable for penalty.”.


(i) in sub-section (1), the following provisoshall be inserted, namely:—

“Provided that except in case of oilmarketing company, the turnover of goods

listed in Schedule ‘D’ and Schedule ‘G’ shallnot be included in the gross turnover ofsales specified above.”;

(ii) for sub-section (3), the following sub--section shall be substituted, namely:—

“(3) If any dealer liable to get hisaccounts audited under sub-section (1) failsto furnish a copy of such report within theperiod prescribed, the Commissioner shallimpose on him, in addition to any taxpayable, a penalty of rupees one hundredper day for each day of delay, subject to amaximum of rupees twenty-five thousandcumulatively.”;

(iii) the sub-section (4) shall be omitted.


(i) in sub-section (2), in clause (a), thefollowing shall be added at the end, namely:—

“and file at the check post suchdeclaration or document as may beprescribed;”;

(ii) in sub-section (5), the expression “ortwenty per cent of the value of goods,whichever is higher” shall be omitted.

8. Insertion of new section 89A.— In theprincipal Act, after section 89, the followingsection shall be inserted, namely:—

“89A. Incentive Scheme to Industry.— (1)Notwithstanding anything contained in thisAct or the Rules or notifications, issuedthereunder, the Government may frameScheme under this Act to grant someincentives to the Industrial units in theState.”;

(2) The Scheme framed by the Governmentunder this sub-section (1) shall, as soon asmay be after it is framed, be laid before theLegislative Assembly of Goa while it is insession for a total period of not less than



1045

fourteen days, which may be comprised inone session or two or more successivesessions, and shall, unless some later date isappointed, take effect from the date of it’spublication in the Official Gazette subject tosuch modification or annulment as theLegislative Assembly of Goa may, during thesaid period, agree to make, so however, thatany such modification or annulment shall bewithout prejudice to the validity of anythingpreviously done thereunder.”.

9. Repeal and Saving.— (1) The Goa ValueAdded Tax (Amendment) Ordinance, 2012(Ordinance No. 4 of 2012) is hereby repealed.

(2) Notwithstanding such repeal anythingdone or any action taken under the principalAct, as amended by the said Ordinance, shallbe deemed to have been done or taken underthe principal Act, as amended by this Act.


The Bill seeks to amend section 6(2) of theGoa Value Added Tax Act, 2005 (Goa Act 9 of2005)(hereinafter referred to as the “saidAct”), so as to empower the Government toissue notifications as specified therein, eitherprospectively or retrospectively.

The Bill further seeks to substitute clause(viii) of sub-section (2) of section 9 of the saidAct, so as to make clear the case aboutallowing input tax credit against entry taxpaid under sub-section (6) thereof which isalso sought to be amended to providethe extent of input tax credit in respect offinished products dispatched by way otherthan sales.

The Bill also seeks to substitute sub-section(2) of section 10 of the said Act so as to allowto carry forward of excess input tax credit atthe end of the year in the manner and subjectto such conditions as provided therein; andfurther to omit “Explanation” to sub-section(4) thereof so as to do away with theprovision relating to reversal and to carryforward of input tax credit proportionate tothe closing stock at the end of the year.

The Bill also seeks to substitute sub-section(1) of section 24 of the said Act, so as toenable the Government to prescribe differentperiods other than a quarter, for differentclasses of dealers including annual return forsmall dealers and further seeks to insert anew sub-section (4) in said section 24 so asto make clear that a return filed withoutproper payment of tax would not beconsidered as a return filed as per theprovisions of the said Act and would be liablefor penalty.

The Bill also seeks to insert a proviso insub-section (1) of section 70 of the said Actso as to exclude the dealers other than oilmarketing companies, dealing in goods listedin Schedule ‘D’ and ‘G’ to the said Act fromgetting their accounts audited as per theprovisions of section 70 of the said Act andfurther seeks to substitute sub-section (3) ofsaid section 70 so as to reduce the maximumpenalty specified for non-compliance with therequirements of sub-section (1) of section 70,from Rs. 1,00,000/- to Rs. 25,000/- andsimultaneously omit sub-section (4) of saidsection 70 to do away with the power of theCommissioner to remit the said penalty.

The Bill also seeks to amend clause (a) ofsub-section (2) of section 75 of the said Actso as to make it mandatory for the driver orperson in charge of vehicle or carrier of goods,to file at the Check Post such documents ordeclaration as may be prescribed by theGovernment and further seeks to amendsub-section (5) of said section 75 so as toimpose the penalty equal to twice the amountof tax leviable under that sub-section.

The Bill seeks to insert a new section 89Ain the said Act so as to empower theGovernment to frame Scheme for grantingincentives to the industrial units in the Stateof Goa.

The Bill also seeks to repeal the Goa ValueAdded Tax (Amendment) Ordinance, 2012(Ordinance No. 4 of 2012) promulgated bythe Governor of Goa on 01-06-2012.


1046



No financial implications are involved inthis Bill.


Clause 4 of the Bill empowers theGovernment to prescribe by way of rules theform of filing application.

Clause 5 of the Bill empowers theGovernment to prescribe by way of rules, theform, manner and period of filing return by aregistered dealer and the date by which andthe authority to whom the same shall be filed.

Clause 6 of the Bill empowers theGovernment to prescribe by way of rules theperiod within which a copy of report of auditto be submitted.

Clause 7 of the Bill empowers theGovernment to frame rules specifying thedeclaration or document to be filed at theCheck post.

Clause 8 of the Bill empowers theGovernment to frame Scheme for grantingincentives to the Industrial Units in the Stateof Goa.


Assembly Hall, SHRI MANOHAR PARRIKAR

Porvorim-Goa. Chief Minister/Finance Minister

31st July, 2012.



31st July, 2012. Assembly of Goa


In pursuance of Article 207 of theConstitution of India, I, Bharat Vir Wanchoo,the Governor of Goa hereby recommend tothe Legislative Assembly of Goa, the

introduction and consideration of the GoaValue Added Tax (Sixth Amendment) Bill,2012.

Raj Bhavan, BHARAT VIR WANCHOO

Date: 1-8-2012. Governor of Goa

ANNEXURE

Bill No. 23 of 2012.........................................................................................................................................................

Extract of the Goa Value Added Tax Act, 2005(Act 9 of 2005)

..............................................................................................................

6. Reimbursement and Exemption of Tax.— (1)Tax collected under this Act on purchases madeby specialized agencies of United NationsOrganizations or Diplomatic Mission/Consulates orEmbassies of any other country and their diplomatsshall be reimbursed in such manner and subject tosuch conditions as may be prescribed.

(2) In respect of any goods not entitled for inputtax credit and covered by Schedule ‘C’ appendedhereto purchased within the State on payment oftax under this Act, the Government may subject tosuch conditions as it may impose, by Notificationexempt subsequent sales thereof from payment ofoutput tax for such period as may be notified.

(3) In respect of any goods other than capital

goods and such other goods as specified in

Schedule ‘G’ appended to this Act, or in sub-section

(2) of section 9, used in the manufacturing or

processing of finished products dispatched other

than by way of sales, the Government may,

notwithstanding anything contained in section 9,

by notification, allow input tax credit in excess of

the rate of tax specified in sub-section (1) of section

8 of the Central Sales Tax Act, 1956 (Central Act 74

of 1956) on such goods purchased within the State

subject to such terms and conditions as may be

specified in the notification.

(4) Notwithstanding anything contained insub-section (2), the Government may, in respect ofany goods covered by Schedule ‘G’ appended tothis Act, by notification, exempt the sales inter-sedealers thereof, from levy and payment of outputtax, when effected within the State, on suchconditions as may be specified therein, and anysuch sales shall not be treated as “subsequent sale”as provided, in sub-section (2).



1047

9. Input Tax Credit.— (1) Subject to suchconditions and restrictions as may be prescribedInput Tax Credit either partially or wholly shall beallowed for the tax paid during the tax period inrespect of goods including capital goods purchasedand/or taken on hire or leased to him within Goa,other than those specified in Schedule ‘G’ and/orsuch other goods as may be notified from time totime by the Government, provided, the goodspurchased are for resale in Goa or for sale in courseof Inter State Trade or in course of export outsidethe territory of India or used by him as rawmaterials/capital goods in the manufacture orprocessing of taxable goods in Goa or for sale bytransfer of right to use.

(2) No input tax credit under sub-section (1) shallbe claimed or be allowed to a registered dealer:—

(i) in respect of goods purchased on paymentof tax if such goods are not sold because of theftor destruction for any reason;

(ii) in respect of stock of goods remainingunsold at the time of closure of business;

(iii) in respect of any taxable goods under theAct purchased by him from another registereddealer for resale but given away by way of freesamples or gifts;

(iv) in respect of capital goods/industrialinputs and packing materials, covered underSchedule ‘B’ of the Act, if said goods are utilizedfor the purposes other than those covered in theprescribed declaration;

(v) in respect of goods purchased from a dealerwho has opted for composition of tax undersub-section (1) of section 7;

(vi) in respect of capital goods or capitalassets:—

(a) purchased or paid prior to appointedday;

(b) capital expenditure incurred prior to thedate of registration under this Act;

(c) capital goods not connected with thebusiness of the dealer;

(d) capital goods used in the manufactureof goods or providing services which are notliable to tax under this Act;

(e) capital goods used in generation ofenergy/power including captive power;

(f) motor cars, its accessories and spareparts.

(vii) in respect of taxable goods sold withinthe State or in the course of inter-State trade orcommerce within the meaning of section 3 of theCentral Sales Tax Act, 1956 (Central Act 74 of1956), exempted from payment of tax under anyspecific notification issued under this Act orunder the said Central Sales Tax Act, 1956;

(viii) in respect of goods used in themanufacture or processing of finished goodsdispatched other than by way of sales outsidethe State.

(ix) in respect of purchase of motor vehicleincluding car, three wheeler and two wheelerunder this Act or tax paid under the Goa Tax onEntry of Goods Act, 2000 (Act 14 of 2000) onimport of such motor vehicle before grant ofregistration mark under the Motor Vehicles Act,1988 (Central Act 58 of 1988), when such vehicleis resold as true value vehicle or otherwise by aregistered dealer under this Act;

(x) in respect of raw material used in themanufacture of ready mixed concrete;

(xi) in respect of naptha and furnace oil usedeither as raw material or fuel by chemicalfertilizer industry;

(xii) ice cream, alcoholic beverages includingbeer and wine and non-alcoholic beveragesincluding packed juices, aerated water and softdrinks served in party, factory or industrialcanteens, clubs, or served by caterer, forconsumption at any place other than hotel//restaurant;

(xiii) condemned vehicles.

(3) If goods purchased are intended for usespecified under sub-section (1) and aresubsequently used fully or partly, for purposes otherthan those specified under the said sub-section, orloss of goods arising out of theft or destruction forany reason or the stock of goods remaining unsoldat the time of closure of business, the input taxcredit availed at the time of such purchase shall bereduced from the tax credit for the period duringwhich the said utilization has taken place provided


1048

that if part of the goods purchased are utilizedotherwise, the amount of reverse tax credit shall beproportionately calculated.

(4) Input tax credit shall be allowed to theregistered dealer, subject to restrictions of sub--section (2), in respect of tax charged to him by aregistered seller on taxable sales of goods made tohim for the purpose of the business within threemonths prior to the date of his registration providedthat no input tax credit shall be allowed in respectof goods which have been sold or otherwisedisposed of prior to the date of registration.

(5) (a) where a registered dealer has availedof the input credit on any goods and the samegoods are not used in the course of his business,input tax credit so availed becomes repayable inthe tax period following the date on which thesegoods were put to such other use;

(b) where such goods were wholly or mainlyused or are intended for use in sale of taxablegoods prior to change of use, tax shall becalculated on the prevailing market value of suchgoods at the time of change of use.

(6) Any registered dealer who has paid entry taxunder the Goa Tax on Entry of Goods Act, 2000(Goa Act 14 of 2000), either on raw material or oncapital goods, other than on goods covered bySchedule ‘G’ and/or sub-section (2) of this section,brought by him into the local area for use orconsumption in the manufacture or processing ofgoods within the State, shall be entitled for inputtax credit under sub-section (1) of this section.

(7) Balance unclaimed input tax credit of capitalgoods shall not be allowed in case of closure ofbusiness.

(8) The registered dealer shall be eligible forinput tax credit on stock held on the appointedday, towards the tax paid under the earlier lawsubject to such conditions as may be prescribed.The period and the date from which such input taxcredit is to be apportioned shall be as notified.

(9) The deduction of input tax credit on capitalgoods under this section shall be allowed in twoequal annual installments after the close of therespective year as under:

(i) in case of existing units, upon installationof such capital goods, and

(ii) in case of new units, upon commencementof commercial production.

10. Input Tax Credit Exceeding Tax Liability.—(1) Subject to the provisions of sub-section (2), if theinput tax credit of a registered dealer, determinedunder section 9 of this Act for a period exceeds thetax liability for that period, the excess credit shallbe set off against any outstanding tax, penalty orinterest under this Act or earlier law or under theGoa Tax on Entry of Goods Act, 2000 (Act 14 of2000) or under the Central Sales Tax Act, 1956(Central Act 74 of 1956).

(2) After adjustment under sub-section (1), theexcess input tax credit of a registered dealer otherthan those covered under sub-section (3) shall becarried over as an input tax credit to the subsequentperiod upto the end of the respective financial yearand if there is any unadjusted input tax creditthereof, the same shall be refunded in theprescribed manner within three months, from thedate of filing of the last quarterly return of therespective financial year or from the date of filingan application by the dealer claiming such refund,whichever is later.

(3) In case of exporter selling goods outside theterritory of India, the excess input tax credit, if any,admissible as per provision of this Act, proportionateto the goods exported and carried over at the endof any quarter shall be refunded in the prescribedmanner within 3 months from the date of filing ofapplication claiming the refund.

(4) Notwithstanding anything contained in sub--section (2), the Government may allow, carryforward of excess input tax credit, if any, to suchshorter period and grant refund of unadjustedportion thereof in respect of such goods to suchregistered dealer on such conditions and at suchproportion as may be specified by the Notificationin the Official Gazette.

Explanation.— (i) For the purposes of sub--sections (1) and (2) of this section, the input taxcredit proportionate to the closing stock (other thanstock of processed goods) at the end of financialyear, shall be reversed and such amount shall becarried forward to the succeeding financial year asinput tax credit corresponding to the opening stock.The term “processed goods”, for the purposes ofthis sub-section, means finished or semi-finishedgoods.



1049

24. Returns and Payment of Tax, etc.— (1) Everyregistered dealer shall file a correct and completequarterly return in such form, by such date and tosuch authority, as may be prescribed. In addition toany data required for proper quantification of tax,the Commissioner may require the registereddealers to furnish data for the purpose of collectingstatistics relating to any matter dealt with, by or inconnection to this Act.

(2) Without prejudice to the generality of theprovisions contained in sub-section (1), everyregistered dealer may be required to furnish correctand complete returns in such form for such period,by such dates, and to such authority, as may beprescribed:

Provided that the Commissioner may, subject tosuch terms and conditions as may be prescribed,exempt any such dealer from furnishing suchreturns or permit any such dealer to furnish themfor such different periods.

(3) If any dealer having furnished a return undersub-section (1), discovers any omission or incorrectstatement therein, he may furnish a revised returnat any time before a notice for assessment is servedon him in respect of the period covered by the saidreturn or before the expiry of one year followingthe last date prescribed for furnishing the saidreturn, whichever is earlier.

70. Accounts to be audited in certain Cases.—(1) Every dealer liable to pay tax shall, if his grossturnover of sales exceeds rupees one crore in anyyear, or in any other case, if the amount of input taxcredit claimed by him in any year exceeds rupeesten lacs, get his accounts in respect of such yearaudited by an accountant by such date and in suchmanner as may be prescribed and furnish withinthe prescribed period the report of such audit inthe prescribed form duly verified and signed bysuch accountant and setting forth such particularsand certificates as may be prescribed.

(2) For the purposes of this section, “Accountant”means a Chartered Accountant within the meaningof the Chartered Accountants Act, 1949 (CentralAct 38 of 1949).

(3) If any dealer liable to get his accounts auditedunder sub-section (1) fails to furnish a copy of suchreport within the period prescribed, theCommissioner shall, impose on him, in addition toany tax payable, a penalty of rupees one thousand

plus rupees one hundred per day during the firstsixty days of default and rupees two hundred fiftyper day thereafter, subject to a maximum of rupeesone lac cumulatively.

(4) Notwithstanding anything contained in sub--section (3), the Commissioner, upon an applicationfrom the dealer and subject to such rules as may beprescribed, remit the whole or any part of thepenalty imposed on such defaulting dealer.

75. Establishment of Check Posts for Inspection ofGoods in Transit.— (1) The Government may, witha view to prevent or check avoidance or evasion oftax, by notification in the Official Gazette, directestablishment of the check post or barrier at suchplaces as may be specified in the notification andevery officer who exercise powers and dischargeshis duties at such check post by way of inspectionof documents produced and goods being moved,shall be in-charge of such check post or barrier.

(2) The driver or person in-charge of vehicle orcarrier of goods in movement shall:—

(a) carry with him the records of the goodsincluding “Challan”, bills of sale or despatchmemos and prescribed declaration form or waybill duly filled in and signed by the consignor ofgoods carried;

(b) stop the vehicle or carrier at every checkpost set up under sub-section (1) or at any otherplace as desired by an officer authorized by theCommissioner in this behalf;

(c) produce all the documents relating to thegoods before the officer in charge of the checkpost or the authorized officer;

(d) give all the information in his possessionrelating to the goods;

(e) allow the inspection of the goods andsearch of the vehicle by the officer in charge ofthe check post or any authorized officer.

(3) Where any goods are in movement within theterritory of the State of Goa, an officer empoweredby the Government in this behalf may stop thevehicle or the carrier or the person carrying suchgoods, for inspection, at any place within hisjurisdiction and provisions of sub-section (2) shallmutatis mutandis apply.

(4) Where any goods in movement are withoutdocuments, or are not supported by documents as


1050

referred to in sub-section (2), or documentsproduced appear to be false or forged, the officer incharge of the check post or the officer empoweredunder sub-section (3), may—

(a) direct the driver or the person in charge ofthe vehicle or carrier of the goods not to partwith the goods in any manner including bytransporting or re-booking, till a verification isdone or an enquiry is made, which shall not takemore than seven days;

(b) seize the goods for reasons to be recordedin writing and shall give receipt of the goodsseized to the person from whose possession orcontrol they are seized.

(5) The officer in charge of the check post or theofficer empowered under sub-section (3), afterhaving given the person in charge of the goods areasonable opportunity of being heard and afterhaving held such enquiry as he may deem fit, shall,impose, for possession or movement of goods,whether seized or not, in violation of the provisionsof clause (a) of sub-section (2) or for submission offalse or forged documents, a penalty, equal to twicethe amount of the tax leviable on such goods ortwenty per cent of the value of goods, whichever ishigher.

(6) During the pendency of the proceeding undersub-section (5) if any one prays for being impleadedas a party to the case on the ground of involvementof his interest therein, the said officer in charge ofthe check post or the empowered officer, on beingsatisfied, may permit him to be included as a partyto the case; and thereafter, all provisions of thissection shall mutatis mutandis apply to him.

(7) The officer in charge of the check post or theofficer empowered under sub-section (3) mayrelease the goods to the owner of the goods or toany person duly authorized by such owner, onpayment of the penalty imposed under sub-section(5).

(8) Where the driver or person in charge of thevehicle or the carrier is found guilty of violation ofthe provisions of sub-section (2), the officer incharge of the check post or the officer empoweredunder sub-section (3) may detain such vehicle orcarrier and after affording an opportunity of beingheard to such driver or person in charge of thevehicle or the carrier, may impose a penalty on himas provided under sub-section (5).

(9) Where a transporter, while transporting goods,is found to be in collusion with dealer to avoid orevade tax, the officer in charge of the check post orthe officer empowered under sub-section (3), shalldetain the vehicle or carrier of such transporterand after affording him an opportunity of beingheard and with prior approval in writing of theCommissioner may confiscate such vehicle orcarrier.

__________

LA/LEGN/2012/1304


__________

The Goa Municipalities (Amendment)Bill, 2012

(Bill No. 8 of 2012)

A

BILL

further to amend the Goa MunicipalitiesAct, 1968 (Act No. 7 of 1969).

Be it enacted by the Legislative Assemblyof the State of Goa in the Sixty-third Year ofthe Republic of India, as follows:—

1. Short title and commencement.— (1) ThisAct may be called the Goa Municipalities(Amendment) Bill, 2012.


2. Amendment to section 10.— In sub--section 1 of section 10 of the GoaMunicipalities Act, 1968 (Act 7 of 1969), forthe word “Director” the words “State ElectionCommission” shall be substituted.


In terms of Article 243(K) and 243(Z) (A) ofthe Constitution of India, the superinten-dence, direction and control of thepreparation of election rolls and the conduct



1051

of election to the Municipalities shall be vestedin the State Election Commission. The saidarticles further provide that the Legislation ofa State may by law, make provisions withrespect to all matters relating to, or inconnection with, elections to theMunicipalities. Since the State ElectionCommission is vested with the power toprepare electoral rolls it is imperative that thepower of fixation of each Municipal area, thenumber and extent of wards into which sucharea shall be delimited ought to be with theState Election Commission. The ElectionCommission should likewise have the powerto reserve seats for women, ST, SCs and OBCs.

In terms of section 10 of Goa MunicipalitiesAct, the power of fixation and reservation ofwards is with the Director of MunicipalAdministration.

Before every election, there are chargesgalore against the Government of misusingthe office of the Director to delimit andreserve the wards in a manner that isbeneficial to certain interested groups. In myopinion, there should be no room for anysuspicion about the fairness of the electoralprocess at the Municipal Elections.

I therefore recommend that the word“Director” appearing in section 10 of the GoaMunicipalities Act be replaced by the word“State Election Commission”, thusempowering the State Election Commissionto undertake delimitation of words ofMunicipalities and of reservation of wards ofMunicipalities for women, OBCs, SCs and STs.


No financial Memorandum envisaged.


Delegated legislation is envisaged whichwould extent amendment to rules in forcewhich are of normal character.

Porvorim-Goa, VIJAI SARDESAI

1st August, 2012. MLA



1st August, 2012. Legislative Assembly of Goa.

ANNEXURE

......................................................................................................Extracts of section 10(1) of the Goa

Municipalities Act, 1968

......................................................................................................

10. Division of municipal area into wards andreservation of wards for women, 48 [ScheduledCastes, Scheduled Tribes and Other BackwardClass].— (1) The Director shall from time to time byorder published in the Official Gazette, fix for eachmunicipal area the number and the extent of thewards into which such area shall be divided. TheDirector shall specify in the order the ward in whicha seat is reserved for women but in so doing heshall ensure that such a seat its reserved from timeto time by rotation in different wards of themunicipal area. He shall by a like order specify thewards in which seats are reserved for 49[ScheduledCastes, Scheduled Tribes or the Other BackwardClass], 50[including the seats for offices ofChairperson] having regard to the concentrationof population of 51[those Castes, or Tribes, or asthe case may be, of those class], in any particular

wards.



1st August, 2012. Legislative Assembly of Goa.

_________

LA/LEGN/2012/1329

The following bill which was introduced inthe Legislative Assembly of the State of Goaon 6th August, 2012 is hereby published forgeneral information in pursuance ofRule–138 of the Rules of Procedure andConduct of Business of the Goa LegislativeAssembly.

__________

The Goa (Rajiv Gandhi IT HabitatCancellation/Abolition and Regulation of

Allotment of Plots) Bill, 2012

(Bill No. 27 of 2012)

A

BILL

to provide for cancellation/abolition of

allotment of all plots in the Rajiv Gandhi IT


1052

Habitat in the State of Goa, as specified in

the Schedule to this Act and for declaration

of such allotments as null and void and non-

-est in the eyes of law and to provide for

refund of amounts paid by the allottees

along with interest; with a view to regulate

the Information Technology Habitat Centre

and for the development of Information

Technology Habitat, under the control of the

Government of Goa; to provide for a new IT

Habitat in the State of Goa and for matters

connected and incidental thereto.


CHAPTER I

1. Short title and commencement.— (1) ThisAct may be called the Goa (Rajiv Gandhi ITHabitat–Cancellation/Abolition and Regulationof Allotment of Plots) Act, 2012.



(a) “allottee” or “allottees” means thepersons, companies, corporations,partnership firms or any other entity, whohas/have executed a Lease Deed with theInfo Tech Corporation of Goa Limited or inwhose favour an Allotment Order has beenissued by the Info Tech Corporation of GoaLimited for allotment of plot/plots at the RajivGandhi IT Habitat, Dona Paula, Goa, andshall include those persons, companies, etc.,who have availed of the benefits of the‘Special Incentive Scheme for Plot Allotteesof Rajiv Gandhi IT Habitat, Dona Paula,’ butshall not include those persons, companiesetc., who have already surrendered theirplots to the Info Tech Corporation of GoaLimited;

(b) “Government” means the Govern-ment of Goa;

(c) “Info Tech Corporation of GoaLimited” means the Info Tech Corporationof Goa Limited, a Government Company asdefined under section 617 of the CompaniesAct, 1956 (Central Act 1 of 1956) andincorporated under the provisions of the saidAct;

(d)“plot” means the sub-divided plotallotted by the Info Tech Corporation of GoaLimited to the Allottee either for setting upof Information Technology Software//Information Technology Enabled ServiceIndustries or establishment of supportingfacilities, like, residential buildings,restaurants, banks, malls, at the RajivGandhi IT Habitat, Dona Paula, Goa.

CHAPTER – II

Cancellation/Abolition of Allotments

3. Cancellation/Abolition of Allotments.—(1) From the date of commencement of this Act,the allotment of all and whatsoever plots madein favour of the allottees by the Info TechCorporation of Goa Limited at the Rajiv GandhiIT Habitat, Dona Paula, Goa, shall standcancelled/abolished and the said plots shallbe deemed to have been vested with the InfoTech Corporation of Goa Limited free from allclaims, charges, encumbrances, liens,whatsoever, with immediate effect.

(2) Every allotment of plots specified in theSchedule to this Act, on and from thecommencement of this Act, shall be deemedto have been cancelled/abolished and shall,with effect from that date, be deemed to havebeen nullified and all grants and mattersconcerning the allotment includingpermissions, clearances, no objectioncertificates, building and developmentpermissions, licences, approvals, etc.,obtained by the allottees under any law for thetime being in force shall also stand nullified.

(3) Every allottee whose allotment of plothas been cancelled/abolished as specified inthis section shall be given by the Info Tech



1053

Corporation of Goa Limited, an amount equalto the amount of premium/lease rent/licensefee paid by the allottee along with simpleinterest at the rate of ten percent per annum.The Info Tech Corporation of Goa Limited shall,however, not be liable or responsible, in anymanner, in respect of the loans, dues, etc., ifany, incurred/obtained by the allottees forprocuring allotment of the said plots or inconnection with the plots allotted.

(4) The Info Tech Corporation of Goa Limitedshall, within a period of sixty days from thedate of coming into force of this Act, refund tothe allottees specified in sub-section (3), thepremium, lease rent, license fee, securitydeposit, if any, installments, if any, paid to theInfo Tech Corporation of Goa Limited by thesaid allottees till the date of such cancellation//abolition alongwith simple interest at therate of ten percent per annum on the saidamounts.

(5) Save as provided hereinabove, no otheramounts or compensation of whatsoevernature, shall be claimable by any allottee inrespect of any financial or other loss, damage,hardship, etc., caused to such allottee onaccount of the cancellation/abolition ofallotment of plots under this section.

(6) Notwithstanding anything to thecontrary contained in any other law for the timebeing in force, from the date of coming intoforce of this Act, all permissions, licenses, noobjection certificates, clearances, approvals,etc., if any, obtained by a allottee from anystatutory/Government authority/localauthority for commencement of any works inrespect of the said plots shall stand annulledforthwith and shall be of no effect.

4. Re-allotment of plots with Governmentapproval.— (1) All re-allotment of plots shallbe made by the Info Tech Corporation of GoaLimited only with the prior approval of theGovernment and such allotment shall be madeonly by inviting bids by advertisement to thateffect in the newspaper or by any other knownmode of disposal of Government property.

(2) Notwithstanding anything contained insub-section (1), the Info Tech Corporation ofGoa Limited, may, at the request of theGovernment, allot any such plots to anyGovernment Department, GovernmentCorporation or Government company for theirown use.

(3) The Government may give suchdirections to the Info Tech Corporation of GoaLimited, as it deems fit.

5. Overriding Effect.— (1) The provisions ofthis Act shall have effect notwithstandinganything to the contrary contained in any Act,custom or usage, contract, Order, Judgment,Decree of any Court or Tribunal or any otherauthority.

(2) Notwithstanding anything contained inany other law for the time being in force orany Judgment, Decree or Order or injunctionor Stay of any Court, Tribunal or any otherAuthority,—

(a) every such allotment shall standcancelled/abolished and the plots specifiedin the Schedule to this Act, shall herebystand vested with the Info Tech Corporationof Goa Limited in terms of this Act;

(b) no suit or other legal proceedings shallbe instituted, maintained or continued inany Court or Tribunal or any other authorityagainst the Government or any personor authority whatsoever and all pendingsuits, applications, etc., filed under anylocal or special law shall stand abatedforthwith.

(c) no Court shall enforce any Decree orOrder or Injunction or Stay on any groundwhatsoever.

6. Protection of action taken in goodfaith.— No suit, prosecution or other legalproceeding shall lie against any person oremployee of the Info Tech Corporation of GoaLimited for anything which has been done ingood faith or intended to be done under thisAct.


1054

7. Power to remove doubts and difficulties.—If any doubt or difficulty arises in giving effectto the provisions of this Act, the Governmentmay, by order published in the Official Gazette,make such provisions consistent with theprovisions of this Act, as appear to it to benecessary or expedient for the removal of thedoubt or difficulty; and the order of theGovernment in such cases shall be final:

Provided that no such order shall be madeafter the expiration of two years from thecommencement of this Act.


The Info Tech Corporation of Goa Limited(hereinafter referred to as the “saidCompany”), was set up by the Government ofGoa in order to promote the overall growth ofthe economy of the State of Goa through theuse of Information Technology. The saidCompany is a ‘Government Company’ withinthe meaning assigned to that term undersection 617 of the Companies Act, 1956 (CentralAct 1 of 1956), and is incorporated under theprovisions of the said Act.

Vide Order bearing No. 23/30/2000/RB/PISdated 07-04-2001, issued by the Collector,North Goa, in exercise of the powers conferredby section 21 of the Goa Land Revenue Code,1968 (Act 9 of 1969), the total land underSurvey Nos. 264 (part), 266 (part), 267, 268,269, 270, 271 and 273 (part) of village Taleigao,Tiswadi, Goa, came to be transferred to theElectronic Corporation of Goa Ltd., to set upHigh (HI) Tech Habitat, with the approval ofthe Government conveyed vide letter No 16//1/99-RD (6650) dated 20-06-2000.

The name of the said Electronic Corporationof Goa Ltd., was changed to Info TechCorporation of Goa Limited on 27-04-2001. Thename of the said “HI-Tech Habitat” was alsochanged to “Rajiv Gandhi IT Habitat”,(hereinafter referred to as the “said project”).

By a subsequent Order bearing No. 14/41//2006-RD dated 5-10-2006, issued by the UnderSecretary (Revenue), Government of Goa, theGovernment of Goa was pleased to allot landed

property admeasuring 32,275 square metres,surveyed under Survey No. 238 (part) andlanded property admeasuring 52,380 squaremetres, surveyed under Survey No. 236 (part)to the said Company. The said additionallanded property admeasuring totally 84,655square meters was to be used as an extensionto the ‘RAJIV GANDHI IT HABITAT’, forcreating supporting facilities, like residentialbuildings for the persons employed in the ITpark, restaurants, banks, malls, etc.

In pursuance thereof, the said Companysub-divided the said land surveyed under Nos.264 (part), 266 (part), 267, 268, 269, 270, 271and 273 (part) of village Taleigao, Tiswadi, Goa,into eighteen plots of different sizes, varyingfrom 4,000 square meters to 40,000 squaremetres, for the setting up of InformationTechnology Software/Information TechnologyEnabled Service Industries. The said companyalso created four sub-divided plots for the useof supporting facilities, as stated above.

Out of the aforesaid eighteen sub-dividedplots, sixteen plots came to be allotted in favourof various allottees; and further out of theaforesaid four sub-divided plots, all four plotscame to be allotted, at various intervals of timeduring the years 2006 and 2007.

The infrastructure work at the said projectthat was being carried on by the said Companyhad to be stalled in the month of December,2007 on account of certain violent protests bythe locals at the said project site and severalfinancial defaults/violations of the terms andconditions of the Lease Deeds, have beencommitted by the Allottees in respect of theLease Deeds entered into by them with thesaid Company. At present, the entire saidproject stands paralyzed and has come to agrinding halt. Further, no Allottee hasundertaken any activity whatsoever at the saidproject site for implementation of the ITProject.

It has also been observed that variouscomplaints have been received with regard tothe process in which the said allotments havebeen made. In this connection, Nitoll Jinn



1055

Trust, Margao, Goa, has filed a Writ Petitionbearing No. 383 of 2007 in the Hon’ble HighCourt of Bombay at Goa, wherein the Petitionerhas claimed a Writ of Mandamus, directing,quashing and setting aside of the saidallotments made by the said Company. Thesaid Writ Petition is still pending admissionbefore the Hon’ble High Court.

In the light of the aforesaid facts andcircumstances, the very purpose ofestablishing the said ‘RAJIV GANDHI ITHABITAT’ has been defeated. An urgent needhad been felt by the State of Goa to put thesaid Information Technology Software//Information Technology Enabled ServiceIndustries Project back on the track so as topromote the overall growth of the State’seconomy through the use of informationtechnology and to further generate qualityemployment to the youth, having requisiteeducational qualifications, in the said Projectwhich would bring in much neededinvestment in the field of InformationTechnology and will sub-serve the largerpublic interest.

It is also found that there are already severalencroachments which have come up at thesaid project site and if the said land is left inthe present state of affairs, then the same willbe subject to even more encroachments andwill eventually affect the State’s revenue andholdings.

It has also been observed that in respect ofthe eighteen sub-divided plots reserved for theestablishment of Information TechnologySoftware/Information Technology EnabledService Industries, only advertisements wereissued inviting applications from eligibleparties for lease of the said plots. It has beenobserved that in response to the saidadvertisements, fourteen eligible applicationswere received by the said Company and thesaid Company purported to allot plots toall fourteen applications. In the saidadvertisements, the amount of premium wasalready fixed. It was not a case wherein thereserve price was fixed, bids invited and theplots allotted to the highest bidder. From the

procedure which was adopted for allotmentof the said plots, it appears that no establishedprocedure for distribution of public propertywas adopted and hence the procedureadopted is in total violation of Law. In view ofthe aforesaid facts and circumstances, theGovernment has decided to cancel/abolish theallotment of plots as aforesaid and make themnon-est in the eyes of law.

It is also pertinent to note that the saidCompany had also issued final notices fortermination of the allotment of the plots to tenallottees. Against the said final notices, six ofthe aforesaid ten allottees approached theDistrict Court at North Goa, under section 9 ofthe Arbitration and Conciliation Act, 1996(Central Act 26 of 1996), inter alia seekingreliefs against the Corporation from cancellingor termination of the said Lease Deeds orallotment of plots in their favour. In fact in most

of the cases, ad interim reliefs had been

granted by the District Court directing the said

Company not to terminate or cancel the said

Lease Deed/Allotment. The said matters have

been pending final disposal before the District

Court since the year 2010 and the same have

not been disposed off till date. It was felt that,

in view of the tremendous delay caused in the

course of the said litigation, the implementation

of the said project would be seriously

jeopardized and would not see the light-of-day

in the near future; thereby defeating the

greater and larger public interest.

In order to achieve the realistic target of

having an IT Habitat, the Bill seeks to cancel/

/abolish allotment of all the said plots, as

specified in Schedule to the Bill, at the ‘RAJIV

GANDHI IT HABITAT’ made in favour of the

various allottees and to vest the said plots with

the said Company, free from charges,

encumbrances, etc. It is also proposed that the

said allottees be refunded the amounts already

paid by them to the said company by way of

premium/lease rent, licence fee and security

deposit, if any, interest on the installments paid,

if any, by them, alongwith simple interest at

the rate of ten percent, per annum. The Bill


1056

also seeks to make provision for re-allotment

of plots by the said Company, with Government

approval, by inviting bids by advertisement in

newspapers or by any other known mode of

disposal of Government property.

This Bill seeks to achieve the above

objectives.


In terms of clause 3 (4) of the Bill, the amountpaid by the allottees, namely, the premium//lease rent/licence fees/security deposit,interest on installments already paid to InfoTech Corporation of Goa Limited by theallottees shall be repaid alongwith simpleinterest calculated at the rate of 10% perannum.

The amount aggregates to approximatelyRs. 140.00 crores. The funds required for refundwill be taken by way of loan for a period of 10years by the Info Tech Corporation of GoaLimited.

No Government Grant will be taken at thisStage.


*No delegated Legislation is involved in thepresent Bill.


Dated: 02-08-2012. Chief Minister



Dated: 02-08-2012. Assembly of Goa.

SCHEDULE

List of Allottees and Allotments of plots

Plot Name of the Plot area in Category RemarksNo Firm sq.mts.

1 2 3 4 5

P1 M/s. Devashri 7,267.76 2nd Lease deedReal Estate Category executed

1 2 3 4 5

Developers on710, 7th Floor, 07-06-2007Dempo Towers,Patto Plaza,Panaji, Goa

P2 M/s. CNS 7,547.78 1st Lease deedInfotech Private Category executedLimited For BPO – on

Voice & 02-05-2007707, Vikas Deep non-voice

Bldg, Dist Center,

Laxmi Nagar,

Vikas Marg, Delhi

P3 M/s. Pulkit 7,308.42 2nd Lease deedConstruction Category executedPvt. Ltd. on

28-01-2008

D-22, DefenceColony, NewDelhi – 110024

P4 M/s. Goa Tech 40,000.98 2nd Lease deedParks Pvt. Ltd. Category executed on

27-03-2007K. K Tower, ParelTank Road,G D AmbedkarMarg, Parel,Mumbai 400012

P5 M/s. Milcon 13,412.76 2nd Lease deedDevelopers Category executed onPvt. Ltd. 05-10-2007

D-25, Ansal VillaFarm, Satbari,Mehrauli,NewDelhi–110030

P6 M/s. D.S. Contra- 6,953.77 2nd Lease deedctors Pvt. Ltd. Category executed on

10-12-2007UGF-003,BrindavanApartments,Near AgricultureOffice, Tonca,Caranzalem-Goa

P7 M/s. Lotus Tech- 9,127.44 2nd Lease deednobuild Pvt. Ltd. Category executed on

30-04-2007(Emaar MGFConsortium)109, New DelhiHouse, 27,Barakhamba Road,New Delhi- 110001



1057

1 2 3 4 5

P8 M/s. Lotus 15,655.25 2nd Lease deedTechnobuild Category executed onPvt. Ltd. 30-04-2007109, New DelhiHouse, 27,Barakhamba Road,New Delhi-110001

P9 M/s. Pawa 40,558.73 2nd Lease deedInfrastructure Category executed onPvt. Ltd. 06-01-2008Pawha House,J-66, NDSE, Part I,New Delhi

P10 Vacant Plot 5,684.98 — —

P11 Vacant Plot 5,176.20 — —

P12 M/s. Financial 8,501.83 1st Lease deedTechnologies (I) Category executed onLimited For IT 01-03-2007FT Tower, CTS ServicesNo. : 256 & 257,Suren Road,Chakala, Andheri(East),Mumbai – 400093

P13 M/s. Financial 5,816.55 1st Lease deedTechnologies (I) Ltd. Category executed onFT Tower, CTS For IT 01-03-2007No. : 256 & 257, ServicesSuren Road,Chakala, Andheri(East), Mumbai–400093

P14 M/s. Milcon 5,976.04 2nd Lease deedDevelopers Category executed onPvt. Ltd. 05-10-2007D-25, Ansal Villa 11-12-2007Farm, Satbari,Mehrauli, NewDelhi – 110030

P15 M/s. Steel Plant 8,509.93 2nd Lease deedPvt. Ltd. Category executed onSona Mohar, 11-12-2007Behind Municipal,Market, Off. NehruRoad, Vakola,Santacruz,Mumbai

P16 M/s. M. Venkata 8,108.83 2nd Lease deedRao Infra Projects Category executed onPvt. Ltd. 04-07-20071-1-39/BBC,MVR Plaza,

1 2 3 4 5

C.B.M. Compound,

Vishakapatnam

P17 M/s. Surana 4,096.03 1st Lease deedTelecom Ltd. Category executed on2nd Floor, Surya IT 04-04-2007Towers, S. P. Road, Software/

Secunderabad /ITES

P18 M/s. Ampersand 4,053.27 1st Lease deedDigimedia & Category not executedEntertainment ITLimited Software/313, Navneelam /multimediaSociety, R. L. ,Thadani Marg,Worli –Mumbai – 22

Total 2,03,756.55

P1 M/s. Technology 10,592.18 IT Habitat Lease deedInnovations Building is executed

P2 M/s. JMD Limited 20,637.27 Mall Lease deed is executed

P3 M/s. Jai Bhuvan 23,681.98 Residential Lease deedBuilders Pvt. Ltd. Apartments is executed

P4 M/s. C. Mendonsa10,001.13a Club House Lease deed & Service is executed

Apartments

64,912.56

Governor’s Recommendation under Article207 of the Constitution of India

In pursuance to Article 207 of theConstitution of India, I, Bharat Vir Wanchoo,Governor of Goa, hereby recommend theintroduction and consideration ofThe Goa “Rajiv Gandhi IT Habitat-Cancellation/Abolition and Regulation ofAllotment of Plots” Bill No. 27 of 2012, by theLegislative Assembly of Goa.

RAJ BHAVAN, BHARAT VIR WANCHOO,

Date: 02-08-2012. Governor of Goa.

_________

LA/LEGN/2012/1330

The following bill which was introduced inthe Legislative Assembly of the State of Goaon 6th August, 2012 is hereby published for


1058

general information in pursuance ofRule–138 of the Rules of Procedure andConduct of Business of the Goa LegislativeAssembly.

_________

The Goa Highways (Amendment)Bill, 2012

(Bill No. 24 of 2012)

A

BILL

further to amend the Goa, Daman and DiuHighways Act, 1974 (Act No. 10 of 1974).


1. Short title and commencement.— (1) ThisAct may be called the Goa Highways(Amendment) Act, 2012.


2. Amendment of section 54 A.— In section54A of the Goa, Damn and Diu Highways Act,1974 (Act No.10 of 1974) (hereinafter referredto as the ‘principal Act’), in sub-section (1),after the existing proviso, the followingproviso shall be inserted, namely:—

“Provided further that the Governmentmay by notification and subject to suchrestrictions and conditions as may bespecified in the notification, exempt eithertotally, or partially any motor vehicle ormotor vehicles or any class of motorvehicles, from the payment of fees.

3. Amendment of section 54B.— in section54B of the principal Act, in sub-section (1)after the existing proviso, the followingproviso shall be inserted, namely:—

“Provided further that the Governmentmay by notification and subject to such

restrictions and conditions as may bespecified in the notification, exempt eithertotally or partially, any motor vehicle ormotor vehicles, or any class of motorvehicles, from the payment of fees”.

4. Insertion of new section 54C and 54D.—After section 54 B of the principal Act, thefollowing sections shall be inserted,namely:—

“54C. Entry to bridges, State highways,etc., without paying fee- Whoever entersa bridge or State highway or major districtroad or village road without paying thefee shall, on conviction, be punished.—

(a) for the first offence with a fine whichmay extend to one thousand rupees.

(b) for a subsequent offense with a finewhich may extend to five thousandrupees.

54D. Power of the Government to enterinto agreement for development andmaintenance of Highways and bridges –(1) Notwithstanding anything contained inthis Act or any other Act for the time beingin force, the Government may enter intoan agreement with any person in relationto the construction, development andmaintenance of the whole or any part ofthe Highway or a bridge.

(2) To facilitate or secure such construction,development and maintenance, theagreement may, subject to such terms andconditions as may be prescribed, provide forthe transfer of any land belonging to or to beacquired by the Government under this Actor any other Act, for the time being in force,to such person or persons by way of lease orotherwise during the period of suchagreement.

(3) Notwithstanding anything contained insections 54A and 54B and rules framedthereunder the person referred to insub-section (1) shall be entitled to collect andretain fee at such rate of rates, for the service



1059

or benefits rendered by him as theGovernment may by notification in the OfficialGazette specify having regard to theexpenditure involved for acquisition of landand construction, development andmaintenance of bridges or highway.

(4) A person referred to in sub-section (1)shall have powers to regulate and controlthe traffic in accordance with the provisionscontained in Chapter VIII of the MotorVehicles Act, 1988 (Central Act 59 of 1988)on the highway or a bridge forming subjectmatter of such agreement, for propermanagement thereof”.


The Bill seeks to amend section 54A and54B of the Goa, Daman and Diu HighwaysAct, 1974 (Act 10 of 1974) (hereinafterreferred to as the “said Act”) so as to enablethe Government to exempt under the saidAct, any Motor Vehicle or Motor Vehicles orany class of Motor Vehicles from the paymentof fees to be levied under the said Act.

The Bill further seeks to insert new section54C so as to provide for punishment orentering any bridges or such highways orroads without payment of the said fees.

The Bill also seeks to insert new section54D in the said Act so as to enable theGovernment to enter in to an agreement fordevelopment and maintenance of highways//bridges/roads.

This Bill seeks to achieve above objects.


No Financial implications are involved inthis Bill.

Memorandum Regarding Delegated Legislations

Clause 1(2) of the Bill empowers theGovernment to issue notification forappointing a date to bring into force the Act.

Clause 2 and 3 of the Bill empowers theGovernment to issue notification exempting

Motor Vehicle or class of Motor Vehicles frompayment of fees leviable under said Act.

Clause 4 of the Bill empowers theGovernment to lay down by way of rules theterms and conditions subject to which theagreement may be entered into byGovernment with any persons. Further, it alsoempowers the Government to issuenotification specifying the rate of which feesmay be collected and retained by the personswith whom the agreement is entered into.


Porvorim-Goa, R. M. DHAVALIKAR

Dated: 02-08-2012. Hon. PWD Minister

Assembly Hall, NILKHANT B. SUBHEDAR

Porvorim-Goa, Secretary to the Legislative

Dated: 02-08-2012 Assembly of Goa

ANNEXURE

...........................................................................................................Extracts of Section 54A & 54B of the Goa,

Daman and Diu Highways Act, 1974.........................................................................................................

1 “[54A. Power of Government to levy fees forservices or benefits rendered on highways etc.— (1)The Government may, by notification in the OfficialGazette, levy fees amendment at such rates as maybe laid down by rules made in this behalf forservices or benefits rendered in relation to the useof permanent bridges costing more than rupeestwenty five lakhs constructed on State Highway,major district roads and village roads, which arethrown open for the public on or before the first

day of January, 1986:

Provided that if the Government is of the opinionthat it is necessary in the public interest so to do,it may, by like notification, specify any bridge inrelation to the use of which fees shall not be

leviable under this section.

(2) Such fees when so levied shall be collected

in accordance with the rules made under this Act.]”

2 “[54B. Power of Government to levy fees for useof roads, etc.— (1) The Government may, bynotification in the Official Gazette, levy feesamendment at such rates as may be laid down by


1060

rules made in this behalf for use of State Highway,major district roads and village roads, or any portionthereof, which are thrown open for the public on

or after the first day of January, 1988:

Provided that if the Government is of the opinionthat it is necessary in the public interest so to do,it may, by like notification, specify any StateHighways, major district roads and village roads,or any portion thereof, in relation to the use of

which fees shall not be leviable under this section.

(2) Such fees, when so levied, shall be collected

in accordance with the rules made under this Act.]”

1 Inserted by the GDD Highway (Amendment) Act,1987 (Act No. 9 of 1987).

2 Inserted by the GDD Highway (Amendment) Act,1988 (Act No. 8 of 1987).

_________

LA/LEGN/2012/1331


_________

The Goa Public Gambling (Amendment)Bill, 2012

(BILL No. 21 of 2012)

A

BILL

further to amend the Goa Public GamblingAct, 1976 (Act No. 14 of 1976).


1. Short title and commencement.— (1) ThisAct may be called the Goa Public Gambling(Amendment) Act, 2012.


2. Amendment of section 2.— In section 2 ofthe Goa Public Gambling Act, 1976 (Act No.14 of 1976) (hereinafter referred to as the“principal Act”),—

(i) after clause (1), the following clauseshall be inserted, namely:—

“(1A) “Five Star Hotel” means a FiveStar Hotel categorized and certified assuch by the Government of India”

(ii) after clause (2), the following clauseshall be inserted, namely:—

(2A) “Gaming Commissioner” meansGaming Commissioner appointed undersection 13C;

(iii) after clause (5), the following clausesshall be inserted, namely:—

(6) “prescribed” means prescribed by rulesmade under this Act;

(7) “tourist” means a person or a group ofpersons, who have attained the age of 21years, including pilgrims who are on a visit tothe State of Goa, and not domiciled orpermanently residing in the State of Goa,holding a valid tourist permit issued under thisAct;

(8) “Tourist permit” means Tourist Permitissued to tourist by Gaming Commissioner,authorizing him to enter the place or areadesignated under section 13B where the game//games as authorized under section 13A areactually conducted;

(9) “Vessel” means and includes any ship,boat, duly registered with the Captain of Ports,Goa, under the Inland Vessels Act, 1917 (Act 1of 1917), or registered with the DirectorGeneral of Shipping.”.

3. Amendment of section 5.— In clause (a)of sub-section (1) of section 5 of the principal



1061

Act, the words “Gaming Commissioner or”shall be inserted at the end.

4. Insertion of new sections.— After section13A of the principal Act, the following sectionsshall be inserted, namely:—

“13B. Places or areas for gaming.— (1)Except the places or areas as may bedesignated by the Government, by anotification issued in this regard in theOfficial Gazette, for conducting game/gamesas authorized under sub-section (1) ofsection 13A, no game/games shall beconducted at any other place or area in theState of Goa or on board in vessel within theterritorial waters of the State of Goa.

(2) The Government may, in the notificationissued under sub-section (1), specify the totalnumber of vessels which may operate in suchdesignated areas.

13C. Appointment of Gaming Commissi-oner.— The Government may, by notificationin the Official Gazette, appoint a officer or anauthority to be Gaming Commissioner.

13D. Powers, duties and functions of theGaming Commissioner.— The powers, dutiesand functions of the Gaming Commissionershall be,—

(a) to keep a check and exercise overallcontrol over the games conducted in thedesignated places or areas;

(b) to maintain the register, records,documents in connection with the gamesconducted in the designated places orareas;

(c) subject to such rules as may be framedby the Government in this behalf, to regulatethe gaming authorized under sub-section (1)of section 13A;

(d) to order closure, to seal any place in aFive Star Hotel or to take custody of anyvessel, and while exercising this power, theCommissioner shall make an inventory of allthe items/things of which the custody istaken of;

(e) to issue tourist permit to a touristdesirous of entering the place or area wherethe game/games as authorized undersection 13A are actually conducted;

(f) to issue permissions in such form asmay be prescribed, to any person, agency,hotel holding valid registration under theGoa, Daman and Diu Registration of TouristTrade Act, 1982 (Act No. 10 of 1982), forissuing tourist permits; and

(g) to exercise such other powers, performsuch other duties and discharge such otherfunctions, as laid down in this Act or as maybe prescribed.

13E. Transfer of licence.— (1) Except asprovided in sub-section (2), no person shalltransfer a licence obtained under provisionsof this Act to conduct game/games, to anyother person.

(2) Subject to such conditions andrestrictions as may be laid down in this behalf,the Government may, upon a request of thelicensee to that effect, by order, transfer alicence in the name of any other person, onpayment of such fees as may be prescribed.

13F. Powers of the Government.— (1) TheGovernment may, by notification in the OfficialGazette, specify the rates of fee that may belevied for conducting game/games authorizedunder sub-section (1) of section 13A.

(2) Such fee when levied shall be collectedin accordance with the rules made under thisAct.

(3) The Government may, subject to suchconditions and restrictions as may be laiddown in this behalf, regulate entry of thepersons in a place or area as designated undersub-section (1) of section 13B.

(4) The Government may give suchdirections to the Gaming Commissioner, as itdeems fit.

13G. Entry to place or area designated undersection 13B.— (1) No person other than atourist shall have entry to the place or area


1062

where the game/games as authorized undersection 13A are actually conducted:

Provided that bonafide staff of a Five StarHotel or a Vessel, who are engaged inoperation and service to guests, shall not beprevented entry:

Provided further that a Government officer,while discharging an official duty, shall alsonot be prevented entry.

(2) Whoever without a valid tourist permitenters any place or area as referred to insub-section (1), shall be liable to pay fine whichis ten times of the amount of fee payable forthe tourist permit.”.

13H. Punishment.— Whoever contravenesthe provisions of section 13B and/or 13E shall,on conviction, be punished with imprisonmentfor a term which may extend to six months orwith fine not less than rupees ten lakhs whichmay extend to rupees twenty lakhs, or withboth.

13I. Composition of certain offences.— (1)Any offence punishable under sections 13Gand 13H may before the institution of theprosecution, be compounded by the GamingCommissioner, on payment to the GamingCommissioner, for the credit to theGovernment, such sum as may be specifiedby the Gaming Commissioner, by an orderissued in this behalf, not exceeding themaximum amount of fine which may beimposed for that offence:

Provided that the authorization grantedunder section 13A shall remain suspended tillthe payment of composition fee is made by theoffender.

(2) Where an offence has beencompounded under sub-section (1) noproceeding shall be taken against the offenderin respect of the offence so compounded andsuch composition shall not be subject to anyappeal.

13J. Attachment/Confiscation.— (1) Thepremises or the vessel wherein the

contravention as mentioned in section 13Band/or 13E has taken place shall be liablefor attachment/confiscation, as the case maybe.

(2) When anything is confiscated undersub-section (1), it shall thereupon vest in theGovernment.

13K. Appeal.— (1) An appeal shall lie to theGovernment against any order passed by theGaming Commissioner.

(2) All appeals pending before the GoaAdministrative Tribunal constituted under theGoa Administrative Tribunal Act, 1965 (Act No.6 of 1965) as on the date of commencement ofthe Goa Public Gambling (Amendment) Act,2012, shall stands transferred to theGovernment.

13L. Jurisdiction of Civil Court barred.—No Civil Court shall entertain try, disposeof any matter arising out of any order,direction, rules, issued/framed under thisAct.

5. Insertion of new section 17A.— Aftersection 17 of the principal Act, the followingsection shall be inserted, namely:—

“17A. Power to make rules.— (1) TheGovernment may, by notification in theOfficial Gazette, make rules to carry out thepurposes of this Act.

(2) In particular and without prejudiceto the generality of the power conferred bysub-section (1), the Government may makerules,—

(a) under section 13D(c), to regulate thegaming authorized under sub-section (1) ofsection 13A;

(b) under section 13D(f), the form ofpermission;

(c) under section 13D(g), other powers,duties and functions of the Gamingcommissioner;

(d) under section 13E(2), the fees to bepaid for transfer of license;



1063

(e) under section 13F(2), the manner ofcollection of fees;

(f) any other matter which is required tobe or may be prescribed.

(3) All rules made under this Act shall bepublished in the Official Gazette and shall, assoon as may be after they are made, be laidbefore the Legislative Assembly of Goa whileit is in session for a total period of not lessthan fourteen days, which may be comprisedin one session or two or more successivesessions, and shall, unless some later date isappointed, take effect from the date of theirpublication in the Official Gazette subject tosuch modification or annulment as theLegislative Assembly of Goa may, during thesaid period, agree to make, so however, thatany such modification or annulment, shall bewithout prejudice to the validity of anythingpreviously done thereunder.”.


The Bill seeks to empower the StateGovernment to notify designated gaming area;to permit only tourist to casinos and restrictentry of youth under the age of 21 years in thegaming area; to incorporate penal provisionsfor prosecution and fine; provision forcompounding of offence; power to frame rulesto regulate and control the activity; power toseal and confiscate; provision about appealsunder the Act; authorizing Government toprescribe tourist permit fees; and to amendother relevant and incidental provisions.



The Bill seeks to create Statutory Authority

of Gaming Commissioner to regulate,

administer and enforce the Goa Public

Gambling Act, 1976 and hence the payment

of salaries and other office administration

expenses may arise in future. However, at

present, there is no such proposal for creation

of this post and hence there is no financial

implications involved in the Bill.


Section 2(A) empowers the StateGovernment to appoint Gaming Commissionerunder section 13 C.

Section 13B (1) empowers the StateGovernment to notify the designated placesor areas for conducting games authorizedunder section 13 A.

Section 13B (2) empowers the StateGovernment to notify the total number ofVessels which may operate in designated area.

Section 13C empowers the StateGovernment to appoint a officer or an Authorityas Gaming Commissioner by notification.

Section 13D empowers the StateGovernment to provide powers, duties andfunctions of the Gaming Commissioner.

Section 13E empowers the StateGovernment to transfer the license to anyvessel or Five Star Hotel on payment ofprescribed fees.

Section 13F empowers the StateGovernment to have all the powers to fix, levy,and recover any fees by notification that maybe levied for conducting games authorizedunder section 13A.

Section 13G empowers the StateGovernment to restrict entry in designatedgaming areas under section 13 B only to Touristand bonafide staff of the Five Star Hotel orvessel engaged in service and GovernmentOfficer discharging official duty.

Section 13H empowers the StateGovernment to levy fines, prosecute forcontravention of provisions of Section 13B andor 13E.

Section 13I empowers the GamingCommissioner to compound the offencepunishable under sections 13G and 13H in lieuof prosecution by recovering composition feesand to suspend the license till such payment.

Section 13J empowers the StateGovernment to confiscate vessel/attachmentof premises.


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Section 17A empowers the StateGovernment to make rules to carry out thepurposes of this Act under sub-section (1) ofsection 17A, under section 13D (c), to regulatethe gaming authorized under sub-section (1)of section 13A, under sections 13D(f), 13D(g),13E(2), 13F(2) and any other matter which isrequired to be or may be prescribed.



2nd August, 2012. Minister for Home

Assembly Hall, N.B. SUBHEDAR


2nd August, 2012. Assembly of Goa

ANNEXURE

Bill No. 21 of 2012

...................................................................................................... Extract of the Goa Public Gambling Act,

1976 (Act No. 14 of 1976)......................................................................................................

5. Power to enter and authorise police to enterand search.— (1) (a) If a District Magistrate, or aSub-divisional Magistrate, at a Judicial Magistrateof the First Class, or

(b) The Inspector General or a Superintendentof Police or a Deputy Superintendent of Policeor an Assistant Superintendent of Policespecially empowered by the Government in thisbehalf,

upon credible information, and after such enquiryas he may think necessary, has reason to believethat any house, room or place is used as a commongaming-house, he may—

(i) either himself enter, or by his warrant,authorise any police officer not below the rankof 1[a Head Constable of Police] to enter, byforce, if necessary, with such assistance as maybe found necessary, by night or by day, any suchhouse, room or place,

(ii) either himself take into custody, orauthorise such officer to take into custody, all

persons whom he or such officer finds thereinwhether or not then actually gaming

(iii) seize or authorise such officer to seize allinstruments of gaming, and all money and se-curities for money, and articles of value, reason-ably suspected to have been used or intendedto be used for the purpose of gaming, which arefound therein,

(iv) search or authorise such officer to searchall parts of the house, room or place which heor such officer shall have so entered when heor such officer has reason to believe that anyinstruments of gaming are concealed therein,and also the persons of those whom he or suchofficer so takes into custody, and

(v) seize or authorise such officer to seize andtake possession of all instruments of gamingfound upon such search.

(2) Notwithstanding anything contained in anyother law for the time being in force, no searchmade under this section shall be deemed to beillegal by reason only of the fact that the witnesses(if any) of the search were not inhabitants of thelocality in which the house, room or place searchedis situated.

1[13(A) Authorised Game.— (1) Notwithstand-ing anything contained in this Act, the Govern-ment may authorise any game of electronicamusement/slot machines in Five Star Hotels1[and such table games and gaming on board invessels offshore as may be notified], subject tosuch conditions including payment of such re-curring and non-recurring fees as may be pre-scribed.

(2) The provisions of this Act shall not apply toany game authorised under sub-section (1)”].

17. Recovery of fines.— All fines imposed underthis Act may be recovered in the manner specifiedby section 421 of the Code of Criminal Procedure,1973 (Central Act 2 of 1974).

_________

LA/LEGN/2012/1332

The following bill which was introduced inthe Legislative Assembly of the State of Goaon 6th August, 2012 is hereby published forgeneral information in pursuance of Rule–138of the Rules of Procedure and Conduct ofBusiness of the Goa Legislative Assembly.



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The Goa Nursing Council Bill, 2012

(Bill No. 28 of 2012)

A

BILL

to provide for the registration of nursing

personnel (nurses, auxiliary nurse-midwives,

multi-purpose health workers and health

visitors), to regulate nursing education and

for that purpose constitute Goa Nursing

Council in the State of Goa and matters

connected therewith or incidental thereto.


CHAPTER I

Preliminary

1. Short title, extent and commencement.—(1) This Act may be called the Goa NursingCouncil Act, 2012.




(a) “affiliated institution” means aninstitution stated in section 34;

(b) “appointed date” means the date onwhich this Act shall come into force;

(c) “auxiliary nurse–midwife” means a

person who possesses a certificate of

auxiliary nurse-midwife, recognized by the

Indian Nursing Council for practicing

auxiliary nursing and auxiliary midwifery

in public and private sectors and registered

under section 17;

(d) “board” means examination board ofthe Council constituted under section 12of this Act;

(e) “Council” means the Goa NursingCouncil constituted under section 3;

(f) “Government” means theGovernment of Goa;

(g) “health visitor” means a person whohas obtained the Health Visitor’s Certificatefrom any Institution recognized in thisbehalf by the Council;

(h) “licensing authority” means anofficer authorized by the Government toissue licenses under section 30 of thisAct;

(i) “List” means a list of personsprepared under section 23;

(j) “member” means a member of theCouncil;

(k) “nurse” means a person whopossesses requisite qualification innursing, either Bachelor’s degree in nursingor course in nursing having at least sixmonths duration from recognizedUniversity/Institution;

(l) “nursing establishment” means anyestablishment, whether carried on for gainor not, which provides or is intendedto provide the services of persons to actas nurses to those requiring suchservices;

(m) “nursing personnel” means nursingpersonnel, namely, nurses, auxiliary nurse--midwives, multi-purpose health workersand health visitors;

(n) “prescribed” means prescribed byrules made under this Act;

(o) “President” means the President ofthe Council;


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(p) “register” means the register ofnursing personnel prepared under thisAct;

(q) “registered” means registered inaccordance with the provisions of section17;

(r) “Registrar” means the Registrarappointed under section 15;

(s) “regulations” means regulationsmade by the Council under this Act;

(t) “rules” means rules made undersection 42;

(u) “section” means section of this Act;

(v) “State” means the State of Goa;

(w) “Vice President” means the Vice--President of the Council.

CHAPTER II

Constitution, Functions and Powers of the Council

3. Constitution and incorporation of theCouncil.— (1) The Government may, bynotification in the Official Gazette, constitutea Council to be called the Goa NursingCouncil;

(2) The Council shall be a body corporate,having perpetual succession and a commonseal, with power to acquire, hold and disposeof property and to contract and may by thename aforesaid sue and be sued.

(3) The Council shall consist of thefollowing members, namely:—

(a) Ex-officio Members:

(i) the Director of Health Services;

(ii) the Dean, Goa Medical College;

(b) Nominated Members:

(i) four head nurses (by whatevername called) having minimumqualifications of Bachelor’s Degree in

nursing, from hospitals in the State, torepresent each hospital, namely, the GoaMedical College and Hospital, Instituteof Psychiatry and Human Behaviour,Mormugao Port Trust Hospital,Government District Hospitals of Northand South Goa and Employees StateInsurance Hospital, to be nominated bythe Government by rotation;

(ii) three members to be nominatedby the Government out of whom oneshall be a Public Health Nurse and oneeach shall be from amongst auxiliarynurse-midwives and teachers ofrecognized nursing schools/colleges inthe State.

(c) Elected Members:

(i) one member, to be elected fromamongst the principals of collegesconferring degree in nursing, bythemselves;

(ii) one member, to be elected fromamongst the faculty conferring degreein nursing by themselves;

(iii) one member to be elected fromamongst the faculty conferring diplomain auxiliary nursing midwifery bythemselves;

(iv) one member to be elected bymembers of the Trained NursesAssociation of India (Goa Branch), fromamongst themselves;

(v) one member, to be elected by thenurses whose names are entered in theregister, from amongst themselves.

(4) The President and the Vice-President ofthe Council shall be elected by the membersfrom amongst themselves.

(5) The election of the members and of thePresident and the Vice-President shall be heldat such time, and at such place and in suchmanner, as may be prescribed.

(6) If at any election, the electors fail toelect the requisite number of members



1067

or the President, or the Vice-President, theGovernment shall nominate such person orpersons who are qualified to be elected, as itdeems fit, to fill up the vacancy or vacancies;and the person or persons so nominated shallbe deemed to have been duly elected underthis section.

(7) Where any dispute arises regarding anyelection of a member or the President orVice-President, it shall be referred to theGovernment and the decision of theGovernment shall be final.

(8) The Government shall, by notificationin the Official Gazette, publish the names ofboth elected and nominated members.

4. Term of office.— (1) Save as otherwiseprovided in this Act, a member whetherelected or nominated, shall hold office for aperiod of three years from the date ofpublication of the notification under sub--section (8) of section 3, for a maximum oftwo terms.

(2) Save as otherwise provided in this Act,the President and the Vice-President shallhold office from the date of their election uptothe date on which their term of office as amember expires.

(3) The term of office of an outgoingmember shall, notwithstanding anythingcontained in sub-section (1), be deemed toextend to and expire on the day immediatelypreceding the day on which the names ofthe successor members are published undersub-section (8) of section 3.

(4) An outgoing member, the Presidentand the Vice-President, shall be eligible forre-election or re-nomination, subject howeverto the maximum term as specified insub-section (1).

5. Casual Vacancies.— (1) Any casualvacancy in the office of the President or theVice-President or of a member elected underclause (c) of sub-section (3) of section 3,caused by reason of death, resignation,

disqualification or disability or any otherreason, shall be filled by election:

Provided that, any such vacancy in theoffice of such elected member occurringwithin six months prior to the date on whichthe term of office of all the members expires,shall not be filled.

(2) Any casual vacancy, previous to theexpiry of the term, in the office of the membernominated under clause (b) of sub-section (3)of section 3, shall be reported forthwith bythe Registrar to the Government, and shall,as soon as possible thereafter, be filled bythe Government by nomination.

(3) Any person elected under sub-section(1) or nominated under sub-section (2) to fillup a casual vacancy shall, notwithstandinganything contained in section 4, hold officeonly so long as the person in whose place heis elected or nominated would have heldoffice, if the vacancy had not occurred.

6. Resignation.— (1) The President or theVice-President may at any time resign hisoffice by a notice in writing addressed to theCouncil and delivered to the Registrar. Theresignation shall take effect from the date onwhich it is accepted by the Council.

(2) An elected member may at any timeresign his office by a notice in writingaddressed to the President. A nominatedmember may at any time resign his office bya notice in writing addressed to theGovernment. Every such resignation shalltake effect from the date on which it isaccepted by the President or the Government,as the case may be.

7. Disqualification.— (1) A person shall bedisqualified for being elected or nominatedas, and for continuing as, a member,—

(a) if he is an undischarged insolvent;

(b) if he is of unsound mind, and standsso declared by a competent court;

(c) if his name has been removed fromthe register and has not been re-enteredtherein;


1068

(d) if he is a whole-time officer or servantof the Council;

(e) if he has completed sixty-five years ofage; or

(f) if he is convicted of an offenceinvolving moral turpitude within a periodof five years immediately before he’s beingelected or nominated as a member.

(2) If any member absents himself fromthree consecutive meetings of the Council,without leave of the Council or without suchreasons as may, in the opinion of the Council,be sufficient, the Council may declare his seatvacant, and take steps to fill up the vacancy.

(3) If any member becomes disqualified oris found to be subject to any of thedisqualifications mentioned in sub-section (1),the Council shall submit a report to theGovernment, and the Government, if satisfiedabout the disqualification, shall declare hisseat vacant.

(4) Notwithstanding anything contained inthis Act, the Government may remove amember from office, if the Council decides ata meeting by two-third majority of its totalmembership that the continuation of amember in office is prejudicial to the interestof the Council.

8. Meetings of the Council.— (1) Themeetings of the Council shall be convened,held and conducted in such manner as maybe prescribed.

(2) The President, when present, shallpreside over every meeting of the Council. Ifat any meeting the President is absent, theVice-President, and in the absence of both,some other member elected by the memberspresent, from amongst themselves, shallpreside over such meeting.

(3) All questions at a meeting of the Councilshall be decided by a majority of votes.

(4) In case of equality of votes, thepresiding authority at a meeting shall haveand exercise a second or a casting vote.

(5) Five members (including the Presidentand the Vice-President) shall form a quorum.When a quorum is required but not present,the presiding authority shall adjourn themeeting to such hour on some future day, asit may notify on the notice board at the officeof the Council; and the business which wouldhave been brought before the original meetinghad there been a quorum thereat, shall bebrought before the adjourned meeting, andmay be disposed of at such meeting or anysubsequent adjournment thereof, whetherthere be a quorum present or not.

9. Proceedings of meetings and validity ofacts.— (1) No disqualification of or defect inthe election or nomination of any person as amember, or as the President, or as the Vice--President or as a Presiding Authority of ameeting, shall of itself be deemed to vitiateany act or any proceedings of the Council inwhich such person has taken part, wheneverthe majority of persons who are parties tosuch act or proceedings, were entitled to vote.

(2) During any vacancy in the Council, thecontinuing members may act, as if no vacancyhas occurred:

Provided that, the number of vacanciesshall, at any time, not exceed four.

10. Powers, duties and functions of theCouncil.— Subject to the provisions containedin this Act, the powers, duties and functionsof the Council shall be,—

(a) to maintain the register and the List,and to provide for the registration andenlistment of nursing personnel;

(b) to hear and decide appeal from anydecision of the Registrar;

(c) to prescribe a code of ethics forregulating the professional conduct ofnursing personnel;

(d) to reprimand a registered or anenlisted nursing personnel or to suspendor remove his name from the register andthe List, or to take such other disciplinaryaction against him as may, in the opinionof the Council, be necessary or expedient;



1069

(e) to hold examinations and to make allnecessary arrangements for suchexaminations;

(f) to prescribe the courses or trainingleading to the examinations held by theCouncil, and to charge fees for suchexaminations;

(g) to prepare, publish and prescribetext-books and to publish statements ofprescribed courses of study;

(h) to grant certificates and diplomas andmarks of honour;

(i) to award stipends, scholarships,certificates of merit, medals, prizes andother rewards;

(j) to recognize institutions for thepurpose of training and giving instructionsfor the courses leading to the examinationsheld by the Council, or to cancel suchrecognition;

(k) to inspect nursing establishments andto regulate the functioning of suchestablishments;

(l) to provide for the inspection ofrecognized and affiliated institutions, andto require such institutions to furnish suchinformation as may be necessary;

(m) subject to the approval of theGovernment, to receive donations and todetermine the conditions of acceptance ofdonations; and

(n) to exercise such other powers andperform such other duties and functionsas are laid down in this Act, or as may beprescribed.

11. Executive Committee and otherCommittees.— (1) The Council shall, as soonas may be, constitute an Executive Committeeconsisting of the President ex-officio, and suchnumber of other members elected by theCouncil from amongst its members, as maybe prescribed.

(2) The term of office of, and the manner offilling casual vacancies among, and theprocedure to be followed by, the members of

the Executive Committee, shall be such asmay be prescribed.

(3) In addition to the powers, duties andfunctions conferred, imposed and entrustedby this Act, the Executive Committee shallexercise such powers, perform such dutiesand discharge such functions of the Councilas may be entrusted to it, from time to time,by the Council.

(4) The Council may, subject to any rulesmade in this behalf, from time to time, byresolution passed at a meeting, appoint anyother Committee or Committees of itsmembers, consisting of such number ofpersons, on such terms and for performingsuch functions, as may be specified in theresolution.

12. Examination Board.— (1) The Councilshall constitute an Examination Boardconsisting of a Chairman and six members,out of whom three shall be members of theCouncil and other three shall be nominatedby the Council from amongst prominentacademicians. The Chairman of theExamination Board shall be a person withsuch qualification as may be prescribed:

Provided that, an elected member of theCouncil shall continue to hold office of amember of the Examination Board only solong as he is a member of the Council.

(2) The term of office of, and the manner offilling casual vacancies among, and theprocedure to be followed by, the members ofthe Examination Board shall be such as maybe prescribed.

(3) It shall be the duty of the ExaminationBoard to appoint examiners, to conductexaminations held by the Council and tomake recommendations to the Council inrespect of the courses of studies, and toperform such other duties and functions inconnection with the said examinations as maybe prescribed.

13. Fees and allowances for meetings.— ThePresident, the Vice-President and othermembers of the Council and members of the


1070

Executive Committee and other Committees,if any, appointed by the Council, and theChairman and members of the ExaminationBoard shall be paid, such fees and allowancesfor attendance at meetings, and suchtravelling allowance, as shall, from time totime, be prescribed.

14. Income and Expenditure of theCouncil.— (1) The income of the Council shallconsist of—

(a) fees received under this Act or therules or regulations;

(b) grants received from theGovernment, if any; and

(c) any other sums received by theCouncil.

(2) It shall be competent for the Council toincur expenditure for the following purposes,namely:—

(a) salaries and allowances of theRegistrar and the staff of the Council.

(b) fees and allowances to be paid tothe persons mentioned in section 13;

(c) remuneration to be paid to theexaminers and other persons appointed bythe Council for the conduct of theexaminations;

(d) such other expenses as arenecessary for performing it’s duties anddischarging it’s functions under this Act,or the rules or regulations.

15. Registrar of Council and his duties andfunctions.— (1) The Council shall, with theprevious sanction of the Government, appointa full time Registrar and if there need be,due to workload, a Deputy Registrar.

(2) The Executive Committee may, fromtime to time, grant leave to the Registrar:

Provided that, if the period of leave doesnot exceed one month, the leave may begranted by President.

(3) The Registrar may, from time to time,grant leave to the Deputy Registrar.

(4) Deputy Registrar shall act as a Registrarduring his absence. If the Deputy Registraris not appointed then during any temporaryvacancy in the office of the Registrar due toleave or any other reason, the ExecutiveCommittee may, with the previous sanctionof the Government, appoint another personto act in his place and any person soappointed shall, for the period of suchappointment, be deemed to be the Registrarfor the purpose of this Act:

Provided that, when the period of suchvacancy does not exceed one month, theappointment may be made by the President,who shall forthwith report about suchappointment to the Executive Committee, andthe Government.

(5) The Council may, with the previous

sanction of the Government, suspend, dismiss

or remove any person appointed as the

Registrar or Deputy Registrar or impose any

other penalty upon them.

(6) Save as otherwise provided in this Act,the qualifications, salary and allowances andother conditions of service of the Registrarand Deputy Registrar shall be such as maybe prescribed.

(7) The Registrar shall be the Secretary andthe Executive Officer of the Council. He shallattend all meetings of the Council, and of theExecutive Committee and of the ExaminationBoard, and shall keep minutes of the namesof the members present and of theproceedings of such meetings.

(8) The accounts of the Council shall bekept by the Registrar in the prescribedmanner.

(9) The Registrar shall have suchsupervisory powers over the staff as may beprescribed, and may perform such otherduties and discharge such other functions asmay be specified in this Act, or as may beprescribed.

(10) The Registrar appointed under thissection shall be deemed to be a public servant



1071

within the meaning of section 21 of the IndianPenal Code, 1860 (45 of 1860).

16. Other employees of Council.— (1) TheCouncil may appoint such officers andservants, other than the Registrar, as it maydeem necessary for performing it’s duties anddischarging it’s function under this Act:

Provided that the number and designationsof such officers and servants and theirqualifications, salaries and allowances andconditions of service shall be determined bythe Council, with the previous sanction of theGovernment, by regulations made in thisbehalf.

(2) Nothwitstanding anything contained insub-section (1), but subject to such financiallimit as may be laid down in this behalf bythe Council, it shall be competent for theExecutive Committee to create temporaryposts of clerks or servants and to makeappointments thereto, to meet any temporaryincrease in work, or to carry out any work ofa seasonal character.

CHAPTER III

Registration and Enlistment

17. Preparation of Register.— (1) As soonas may be after the appointed day, theRegistrar shall prepare and maintainthereafter a Register of nursing personnel forthe State in accordance with the provisionsof this Act.

(2) The Register shall be in such form andmay be divided into such parts as may beprescribed. It shall include the full name,address and qualifications of the nursingpersonnel, the date on which eachqualification was granted, and such otherparticulars as may be prescribed.

(3) Any person who holds any of therecognised qualifications included in theSchedule to the Indian Nursing Council Act,1947 (XLVIII of 1947) shall, subject to anyconditions laid down by or under the saidAct, at any time, on an application made in

the prescribed form to the Registrar and onpayment of the prescribed fee and onpresentation of his degree, diploma orcertificate, be entitled to have his nameentered in the register:

Provided that, the name of an applicant

who is unable to present his degree, diploma

or certificate may be entered in the Register,

if he satisfies the President that he holds such

degree, diploma or certificate but for sufficient

cause cannot present the same with his

application.

(4) Every registered nursing personnel

shall be given a certificate of registration in

the prescribed form. Such certificate shall be

valid upto the date specified therein.

18. Renewal of Registration.— (1) Everyregistered nursing personnel within threemonths prior to the expiry of his registrationshall apply to the Registrar and pay to theCouncil a renewal fee of such amount as maybe prescribed for the continuance of his nameon the register.

(2) (a) If the renewal fee is paid on or beforethe due date, the Registrar shall issue to theregistered nursing personnel a renewal slipin the prescribed form specifying the dateupto which the validity of the certificate ofregistration has been extended.

(b) If the renewal fee is not paid by thedue date, the Registrar shall remove the nameof the defaulting person from the register. Onsuch removal, the certificate of registrationissued to the nursing personnel shall bedeemed to have been cancelled:

Provided that, the name so removed maybe re-entered in the Register on payment ofthe outstanding renewal fee, and such penalfee as may be prescribed in this behalf. Onreceipt of such fees, the Registrar shall issuea renewal slip as provided in clause (a).

19. Maintenance of Register.— (1) It shallbe the duty of the Registrar to make entriesin the register, from time to time, to revise


1072

the same and to issue certificates ofregistration in accordance with the provisionsof this Act, and the rules made thereunder,and the Orders of the Council.

(2) The names of registered nursingpersonnel who die or whose names aredirected to be removed from the Registerunder section 24 shall be removed therefrom.

(3) Any person whose name is entered inthe Register and who subsequent to hisregistration desires to record in the Registerany change in his name, shall, on anapplication made in this behalf and onpayment of prescribed fee, be entitled to havesuch change in his name recorded in theRegister.

(4) Subject to the provisions of section 11of the Indian Nursing Council Act, 1947(XLVIII of 1947), any person whose name isentered in the Register and who subsequentto his registration obtains any recognizedhigher qualification, shall, on an applicationmade in this behalf with documentary proofand on payment of the prescribed fee, beentitled to have an entry, stating suchqualification, made against his name in theRegister.

(5) Where it is shown to the satisfaction ofthe Registrar that a certificate of registrationhas been defaced, lost or destroyed, theRegistrar may, on payment of the prescribedfee, issue a duplicate certificate.

20. Special procedure for registration incertain cases.— (1) No person who possessesa certificate of Nurse, Auxiliary Nurse Midwife,Multipurpose Health Worker, Health Visitor,Health Supervisor, etc., granted by anyauthority in any place outside the territory ofIndia (other than the qualification specifiedin the Schedule of the Indian Nursing CouncilAct, 1947 (XLVIII of 1947) shall be registeredunder this Act, unless the procedure specifiedin sub-section (2) has been followed.

(2) Any person, who holds any suchqualification, may apply to the Council bygiving a correct description of his qualification

with the dates on which they were grantedand by presentation of his degree or diplomaor certificate and evidence of having therequisite knowledge and skill for efficientpractice as a nursing personnel. If the Councilis satisfied that the degree or diploma orcertificate held by the applicant is such as tosecure the possession by the applicant of therequisite knowledge and skill for efficientpractice as a nursing personnel, the Councilmay, with the previous approval of the IndianNursing Council and on payment of aprescribed fee, enter his name in the register.

21. Persons who may not be registered.—Notwithstanding anything contained insection 17 and 20, no person, whose namehas been removed from any register keptunder this Act or any other law for the timebeing in force in India regulating theregistration of nursing personnel on theground of professional misconduct, shall beentitled to have his name entered in theregister, unless his name is duly ordered tobe restored in the register from which it wasso removed.

22. Fees for and Certificate of ProvisionalRegistration.— (1) Any person not being acitizen of India who is employed as a nurse,midwife, auxiliary nurse-midwife, teacher oradministrator in any hospital or institutionsituated in the State for purposes of teaching,research or charitable work desires to beenrolled temporarily in the register shall makean application in the prescribed form to theRegistrar and shall pay fee as may beprescribed. On receipt of such application,the Registrar shall seek the approval of thePresident of the Council constituted underthe Indian Nursing Council Act, 1947 (XLVIIIof 1947) for temporary enrolment of theapplicant in the register, and enroll his namein the register of temporary enrolment forsuch period as may be specified in this behalfin the order issued by the said President.

(2) Every person whose name is enteredin the register of temporary enrolment undersub-section (1) shall be given a certificate of



1073

temporary registration in the prescribed form.Such certificate shall remain in force for suchperiod as may be specified therein.

(3) Any person who possesses temporaryregistration under sub-section (1) shall notbe eligible to contest, or to vote at, anyelection held under this Act.

23. Preparation of List.— (1) As soon asmay be, after the appointed day, the Registrarshall, in accordance with the provisions ofthis Act, prepare and maintain thereafter alist of persons practicing as nursingpersonnel, but not entitled to have theirnames entered in the register under section17.

(2) No person other than the personregistered under this Act or a person whosename is entered in the list under sub-section(1), shall practice as a nursing personnel:

Provided that any person whose name hasbeen removed from the register maintainedunder this Act or under any other law for thetime being in force in any part of India, orfrom the register of any other country on theground of any professional or othermisconduct, shall not be entitled to have hisname entered in the list.

(3) The provisions of sub-section (2) ofsection 17 and of sections 18 and 25 shall,mutatis mutandis, apply to the list preparedunder this section.

24. Removal of names from the Registerand the list.— (1) If a person whose name isentered in the register or list, after dueenquiry held by the Council or by theExecutive Committee in the prescribedmanner, is found guilty of any misconduct,the Council may,—

(a) issue a letter of warning to suchnursing personnel; or

(b) direct the name of such nursingpersonnel,—

(i) to be removed from the register orthe list for such period as may bespecified in the direction; or

(ii) to be removed from the register orthe list permanently.

Explanation.— For the purposes of thissection, “misconduct” shall mean,—

(a) the conviction of a registered nursingpersonnel by a criminal court for an offencewhich involves moral turpitude, and whichis cognizable within the meaning of theCode of Criminal Procedure, 1973 (CentralAct 2 of 1974); or

(b) the conviction under the Army Act,1950 (Central Act 46 of 1950) of a registerednursing personnel, subject to the militarylaw, for an offence which is cognizablewithin the meaning of the Code of CriminalProcedure, 1973 (Central Act 2 of 1974); or

(c) any conduct, which, in the opinion ofthe Council, is infamous in relation to thenursing profession, and particularly under,any Code of Ethics as may be prescribedby the Council in this behalf or by theIndian Nursing Council.

(2) If the name of any registered nursingpersonnel is also entered by any otherauthority in the register or the list, maintainedunder any other law and it is removed fromthe said register or the said list, the Councilshall, if such removal comes or brought toit’s notice, also remove the name of suchregistered nursing personnel from the registeror the list maintained under this Act.

(3) It shall be the duty of the Registrar tointimate the public and the Indian NursingCouncil of such removal.

(4) The Council may, on sufficient causebeing shown, direct at any subsequent datethat the name of a nursing personnel removedunder sub-section (1) shall be re-entered inthe register or list on such conditions and onpayment of such fee, as may be prescribed.

(5) Any person aggrieved by any order ofthe Council made under this section may,within three months from the date on whichthe order is communicated to him/her, mayappeal against such order to the Government.


1074

The order of the Government on such appealshall be final.

(6) The Council may, of its own motion, oron the application of any person, after dueand proper inquiry and after giving anopportunity to the person concerned of beingheard, cancel or alter any entry in theregister, or the list if in the opinion of theCouncil, such entry was fraudulently orincorrectly made.

(7) In holding any inquiry under thissection, the Council or the ExecutiveCommittee, as the case may be, shall havethe same powers as are vested in Civil Courtsunder the Code of Civil Procedure, 1908(Central Act 5 of 1908), when trying a suit, inrespect of the following matters, namely:—

(a) enforcing the attendance of anyperson and examining him on oath;

(b) compelling the production ofdocuments;

(c) issuing of commissions for theexamination of witnesses.

(8) All inquiries under this section shall bedeemed to be judicial proceedings within themeaning of sections 193, 219 and 228 of theIndian Penal Code (45 of 1860).

(9) (a) For the purpose of advising theCouncil or the Executive Committee, as thecase may be, on any question of law arisingin any inquiry under this section, there mayin all such inquiries be an assessor, who hasbeen not less than ten years,—

(i) an advocate enrolled under theAdvocates Act, 1961 (Central Act 25 of1961) as in force; or

(ii) an attorney of a High Court.

(b) Where an assessor advises the Councilor the Executive Committee on any questionof law as to evidence, procedure or any othermatter, he shall do so in the presence of everyparty or person representing a party, to theinquiry who appears thereat or if the adviceis tendered after the Council or the Executive

Committee has begun to deliberate as to itsfindings, every such party or person asaforesaid shall be informed as to what advicethe assessor has tendered. Such party orperson shall also be informed if in any casethe Council or the Executive Committee doesnot accept the advice of the assessor on anysuch questions as aforesaid.

(c) Any assessor under this section may beappointed either generally, or for anyparticular inquiry or class of inquiries, andshall be paid the remuneration as prescribed.

25. Publication of Register and List.— Afterevery three years, the Registrar shall causeto be printed and published a correct list ofall nursing personnel for the time beingentered in the register.

(2) The Registrar shall cause to be printedor published annually on or before a date tobe decided by the Executive Committee, anaddendum and/or a corrigendum to the listpublished under sub-section (1), showing,—

(a) the names of all nursing personnelfor the time being entered in the registerand not included in any subsisting listalready printed and published;

(b) the names of all nursing personnelincluded in any subsisting list, whosenames have since been removed onaccount of any reason whatsoever from,and not re-entered in, the register; and

(c) any other amendments to thesubsisting list.

(3) The form of the list published undersub-section (1), the particulars to be includedtherein, and the manner of it’s publication,shall be such as may be prescribed.

(4) A copy of the list referred to in sub--section (1) shall be evidence in all Courts,and in all judicial or quasi-judicialproceedings, that the persons whose namesspecified therein are registered according to



1075

the provisions of this Act, and the absence ofthe name of any person from such copy shallbe evidence, until the contrary is proved, thatsuch person is not registered according tothe provisions of this Act:

Provided that, in the case of any person

whose name does not appear in such copy,

a certified copy under the hand of the

Registrar of the entry of the name of such

person on the register shall be evidence that

such person is registered under the

provisions of this Act.

26. Rights of registered nursing

personnel.— Notwithstanding anything

contained in any law for the time being in

force, the expression “legally qualified nurse,

auxiliary nurse-midwife, multipurpose health

worker, health visitor” or any word imparting

a person recognized by a law as a registered

member of the nursing profession shall, in all

Acts of the State Legislature and in all Central

Acts (in their application to the State of Goa)

in so far as such Acts relate to any matters

specified in List II or List III in the Seventh

Schedule to the Constitution of India, include

a nursing personnel, whose name is entered

in the register under this Act.

27. Appeals.— (1) Any person aggrieved

by any decision of the Registrar under this

Act may, within the period of one month from

the date on which the decision is

communicated to him, appeal to the Council,

which shall hear and determine the appeal

in the prescribed manner.

(2) Save as otherwise provided in the

Indian Nursing Council Act, 1947 (XLVIII of

1947), every decision of the Council under

this Act shall be final.

28. Act in addition and not in derogation.—

The provisions of this Act are in addition to,

and not in derogation of, the provisions of

the Indian Nursing Council Act, 1947 (XVIII

of 1947).

CHAPTER IV

Nursing personnel entitled to practice and controlof Licensing Authorities

29. Persons not registered or not on theList not to practice as a nursing personnel.—(1) No person other than a person registeredunder this Act or a person whose name isentered in the List shall practice or holdhimself out, whether directly or byimplication, as practicing habitually or forpersonal gain, as a nursing personnel.

(2) Any person who acts in contraventionof the provisions of sub-section (1) shall, onconviction, be punished with fine which mayextend to ten thousand rupees for the firstoffence and to thirty thousand rupees for anysubsequent offence.

30. Licensing authority.— The Governmentmay, by notification in the Official Gazette,appoint licensing authority to issue licencesfor establishing nursing establishments.

31. Licensing authority to exercise powerof general supervision.— Subject to theprovisions of this Act and the rules andregulations made thereunder, every licensingauthority shall exercise power of generalsupervision and control over all nursingpersonnel practicing within the State of Goa.

32. Notice to Licensing Authority beforecommencement of practice.— (1) Everyperson registered under this Act, and everyperson whose name has been entered in theList, if he intends to continue to practice, afterthe date on which this Act comes into force,in the State, he shall give notice in writing tothe Licensing Authority.

(2) Every such notice shall contain suchparticulars and shall be in such form as maybe prescribed.

(3) Any person who fails to comply withthe provisions of sub-section (1) shall, onconviction, be punished with fine which mayextend to one thousand rupees for the firstoffence and to three thousand rupees for anysubsequent offence.


1076

(4) Any person who knowingly or willfullymakes or causes or procures any other personto make any false statement in any noticeunder this section shall, on conviction, bepunished with fine which may extend to tenthousand rupees for the first offence, and tothirty thousand rupees for any subsequentoffence.

CHAPTER V

Recognition of Training Institutions and Affiliationof Institutions

33. Recognition of training institutions.—(1) The Council shall by it’s regulationsspecify examinations to be held by it, thequalifications for admission to suchexaminations, the courses of studies for suchexaminations, the standard of passing, thecertificates or any other like awards to begiven to persons who pass the examinations,and such other matters in respect ofrecognition of such examinations as may benecessary or expedient.

(2) The Council may, in accordance withthe regulations made by it in this behalf andafter inspection by it’s representatives andholding such inquiry as it deems fit,recognize any institution for training nursingpersonnel for the examinations of the Council.

(3) The Council may withdraw recognitionfrom any such institution after it’s inspectionby representatives of the Council. The orderof such withdrawal shall be in writing andshall be served in the manner as laid downby regulations.

(4) Any person aggrieved by the order ofthe Council under this section may, withinthree months from the date on which suchorder is communicated to him, appeal againstsuch order to the Government. The decisionof the Government on any such appeal shallbe final. The Government may direct theCouncil to re-inspect the institution or mayuphold the decision of the Council.

(5) No college, hospital or other institutionwhich is not recognized under this section

shall issue to any person a certificate or enterthe name of any person in any documentpurporting to show that such person isqualified by reason of his having passed anyexamination or undergone any course ortraining to practice as a nursing personnel.

(6) Any person who contravenes theprovisions of sub-section (5) shall, onconviction, be punished with fine which mayextend to fifty thousand rupees.

34. Affiliation of institutions.— The Councilmay, in accordance with regulations madeby it in this behalf and after inspection by it’srepresentatives and holding such inquiry asit deems fit, affiliate to it any nursing traininginstitution for the purpose of training ofnursing personnel.

CHAPTER VI

Nursing Establishments

35. Regulation of nursing establishments.—(1) No person shall carry on any nursingestablishment, except under a valid licensegranted by the licensing authority and inaccordance with the terms and conditionsspecified in such license, which shall be suchas may be approved by the Council.

(2) Any person who desires to carry onany nursing establishment shall apply to thelicensing authority for a license in suchmanner, alongwith such fee and in such formas may be prescribed. He shall along withthe application pay to the licensing authoritythe prescribed fee, half of which shall berefunded to him if the license is refused. Anynursing establishment already existing on thedate of commencement of the Goa NursingCouncil Act, 2012, shall apply to the licensingauthority for a license within threemonths from the date of commencement ofthis Act.

(3) The licensing authority may, beforegranting license, impose such additionalconditions as it may think fit for securing theproper conduct of the establishment.



1077

(4) The licensing authority may, after givingan opportunity to the person concerned ofbeing heard, refuse to grant any license orrevoke any license already granted, if—

(a) the applicant or the holder of thelicense is under twenty-one years, or is init’s opinion not a suitable person to holdsuch license; or

(b) the premises of the establishment arenot suitable; or

(c) any offence under this section hasbeen committed in respect of theestablishment.

(5) Any person aggrieved by any of theconditions imposed by the licensing authorityor by the refusal or revocation of any licenseunder this section may appeal within threemonths of such imposition, refusal orrevocation to the Government. Such fee asmay be prescribed shall accompany thememorandum of appeal. The decision of theGovernment on such appeal shall be final.

(6) The licensing authority may authorizeany other officer to perform any of the dutiesconferred on it by this section.

(7) Any officer duly authorized by thelicensing authority in this behalf may at allreasonable times enter the premises specifiedin any license or application for license orany premises which is used or which theofficer has reasonable cause to believe isused, for the purpose of, or in connection with,the nursing establishment and inspect thepremises and any records relating to suchestablishment as may be kept thereon.

(8) The Council may also exercise thepowers of entry and inspection conferred bysub-section (7) through any of it’s officersauthorized by it in this behalf. If the Councilis of opinion that in any case the license berefused or revoked, it shall report the matterto the licensing authority. The licensingauthority, if it agrees with the Council, refuseor revoke the license, and, if it does not agreewith the Council, report the matter to the

Government. On receipt of such report theGovernment may, after making such inquiryas it deems fit, pass such order as it deemsfit. The order of the Government in suchmatter shall be final.

(9) Any person who contravenes theprovisions of sub-section (1) shall, onconviction, be punished with fine which mayextend to ten thousand rupees for the firstoffence and for any subsequent offence withsimple imprisonment for a term which mayextend to six months, or with fine which mayextend to fifty thousand rupees, or with both.

(10) Any person who refuses any dulyauthorized officer of the licensing authorityor any such officer of the Council to enter orinspect any premises or to inspect anyrecords under sub-section (7) or (8), as thecase may be, or obstructs such officer in theexercise of his aforesaid powers shall, onconviction, be punished with fine which mayextend to two thousand rupees for the firstoffence and for any subsequent offence withsimple imprisonment for a term which mayextend to three months, or with fine whichmay extend to five thousand rupees, or withboth.

(11) Any person who makes or causes tobe made or knowingly allows to be madeany entry in a record to be kept under thissection, or provides information which heknows to be false for the purpose of obtaininga license under this section or for any otherpurpose of this Act, shall, on conviction, bepunished with fine which may extend toten thousand rupees for the first offence andfor any subsequent offence with theimprisonment for a term which may extendto six months, or with fine which may extendto thirty thousand rupees, or with both.

CHAPTER VII

Miscellaneous

36. Penalty for dishonest use of certificate.—Any person who,—

(a) dishonestly makes use of anycertificate of registration or enlistment


1078

issued under the provisions of this Act tohim or any other person;

(b) procures or attempts to procureregistration or enlistment under theprovisions of this Act by making orproducing, or causing to be made orproduced, any false or fraudulentdeclaration, certificate or representation,whether in writing or otherwise; or

(c) willfully makes or causes to be madeany false representation in any matterrelating to the register or the Listmaintained or any certificate issued underthe provisions of this Act, shall, onconviction, be punished,—

(i) for the first offence, with fine whichmay extend to two thousand rupees;

(ii) for any subsequent offence, withsimple imprisonment for a term whichmay extend to six months, or with finewhich may extend to five thousandrupees, or with both.

37. Penalty for unlawful assumption of titleof registered or enlisted nursing personnel.—Any person who, not being a registered orenlisted nursing personnel, takes or uses thename or title of registered or enlisted nursingpersonnel, or uses any name, title, description,prescribed uniform, object or sign-board withthe intention that it may be believed, or withknowledge that it is likely to be believed thatsuch person is registered or, as the case maybe; an enlisted nursing personnel, shall, onconviction, be punished—

(a) for the first offence, with fine whichmay extend to five thousand rupees;

(b) for any subsequent offence, withsimple imprisonment for a term which mayextend to three months, or with fine whichmay extend to ten thousand rupees, or withboth.

38. Offences by companies.— (1) If theperson committing an offence under section33 or 34 is a company, every person who at

the time the offence was committed was incharge of, and was responsible to, thecompany for the conduct of business of thecompany, as well as the company, shall bedeemed to be guilty of the offence and shallbe liable to be proceeded against andpunished accordingly:

Provided that, nothing contained in thissub-section shall render any such personliable to any punishment provided in this Actif he proves that the offence was committedwithout his knowledge or that he exercisedall due diligence to prevent the commissionof such offence.

(2) Notwithstanding anything contained insub-section (1), where an offence undersections 33 or 34 has been committed withthe consent or connivance of, or is attributableto any negligence on the part of, any director,manager, secretary or other officer of thecompany, such director, manager, secretaryor other officer shall also be deemed to beguilty of that offence and shall be liable to beproceeded against and punished accordingly.

Explanation.— For the purpose of thissection,—

(a) “company” means a body corporateand includes a partnership firm or otherassociation of individuals; and

(b) “director” in relation to a companymeans a partner in the partnership firm.

39. Court competent to try offences underthis Act.— No Court other than the Court ofJudicial Magistrate of the First Class shall takecognizance of or try any offence under thisAct.

40. Compounding of offence.— (1) Anyoffence punishable under this Act with fineonly may, before the institution of theprosecution, be compounded by such personas may be authorized by the Government, onpayment to that person, for the credit to theGovernment, of such sum as may be specifiedby that person not exceeding the maximum



1079

amount of fine which may be imposed forthat offence.

(2) Where an offence is compounded undersub-section (1), no proceeding shall be takenagainst the offender in respect of the offenceso compounded.

41. Protection of action taken in goodfaith.—No suit, prosecution or other legalproceedings shall lie against any person foranything which is in good faith done orintended to be done under this Act or underthe rules or regulations made thereunder.

42. Power to make rules.— (1) TheGovernment may, by notification in the OfficialGazette and subject to the condition ofprevious publication, make rules to carry outthe purposes of this Act.

(2) In particular and without prejudice tothe generality of the foregoing power, suchrules may provide for all or any of thefollowing matters, namely:—

(a) under section 3(5), the time, placeand manner of holding elections ofmembers, the President and the Vice--President of the Council;

(b) under section 8(1), the manner ofconvening, holding and conductingmeetings of the Council;

(c) under section 10(n), the other powersto be exercised and other dutiesand functions to be performed, by theCouncil;

(d) under section 11, the number ofmembers of the Executive Committee, theirterm of office, the manner of filling casualvacancies, the procedure to be followedby them;

(e) under section 12, the qualificationswhich the Chairman of the ExaminationBoard shall have, the term of office ofmembers of the Board and the manner offilling casual vacancies, procedure to befollowed and other duties and functions ofthe Board;

(f) under section 13, the fees andallowances to be paid to the President, Vice--President, members of the Council,Executive Committee and other Committeesand the Chairman and members of theExamination Board;

(g) under section 15, qualifications,salary, allowances and other conditions ofservice of the Registrar, Deputy Registrarand the manner of keeping accounts andsupervisory powers and other duties andfunctions of the Registrar;

(h) under section 17, the form of Register,parts into which it shall be divided andparticulars it shall include, form ofapplication fee to be paid, and form ofcertificate of registration;

(i) under section 18, the renewal fee forcontinuation of name on the Register, formof renewal slip and penal fee to be paid forfailure to pay renewal fee in time;

(j) under section 19, the fee for recordingchange in name and for making entryregarding recognized higher qualification,in the Register or List and also fee for issuingduplicate certificate of registration orenlistment;

(k) under section 20, fee for entering thename of person in the register who isholding qualifications as specified therein;

(l) under section 22, the fee to be paid,the form of application for temporaryregistration and of certificate of suchregistration;

(m) under section 23(3), the form List,parts into which it shall be divided andother particulars it shall include, form ofapplication, fee, and renewal fee to be paidand the form of certificate of enlistment;

(n) under section 24, the manner ofholding inquiry and conditions and feepayable for re-entering the name in theRegister and the List;

(o) under section 25, the form of list ofall nursing personnel, particulars to beincluded therein and manner of itspublication;


1080

(p) under section 27, the manner ofhearing and determining appeals by theCouncil;

(q) under section 32, the form of noticeto be given to the Licensing Authority andthe particulars which shall contain in suchnotice;

(r) under section 35, the form and themanner in which, the application forlicense to establish nursing establishmentshall be made and the fee to beaccompanied with such application andmemorandum of appeal;

(s) any other matter which is to be ormay be prescribed under this Act.

43. Power to make regulations.— (1) TheCouncil may, with the previous sanction ofthe Government, by notification, makeregulations consistent with the provisions ofthis Act or the rules made thereunder to carryout the purposes of this Act.

(2) Without prejudice to the generality ofthe foregoing powers, such regulations mayprovide for,—

(a) the examinations to be held by it;

(b) the qualifications for admission toexaminations and the courses of studiesfor the examinations;

(c) the standards of passing;

(d) the certificate or other awards to beconferred upon those who pass theexaminations and manner of conferringsuch awards;

(e) the conditions of appointment ofexaminers, paper setters, moderators andother persons appointed and remunerationto be paid to them for the conduct ofexaminations and the fee to be charged inconnection with the examinations;

(f) the conditions of affiliation ofinstitutions;

(g) the conditions for recognition ofinstitutions;

(h) the number of students to be admittedto recognized institutions;

(i) the language in which instructionsshall be given in recognised institutions;

(j) the manner, in which the accounts ofthe Council shall be kept by the Registrar;

(k) the supervisory powers of theRegistrar over the staff;

(l) the fee payable for the copies of theorder of the Council or of the Registrar andfor the supply of a copy of any entry fromthe Register or List;

(m) the dress code for nursing personnel.

(3) The Government on receiving the draftregulations may sanction or refuse to sanctionthe same, or sanction subject to suchmodifications as it may think fit, or return themto the Council for further consideration.

(4) All regulations, when sanctioned, shallbe published in the Official Gazette by theGovernment.

44. Control of Government.— (1) If at any

time it appears to the Government that the

Council or its President or Vice-President has

failed to exercise, or has exceeded or abused

any of the powers conferred upon it or him by

or under this Act, or has ceased to function, or

has become incapable of functioning, the

Government may, if it considers such failure,

excess, abuse or incapacity to be of a serious

character, notify the particulars thereof to the

Council or the President or the Vice-President,

as the case may be. If the Council or the

President or the Vice-President fails to remedy

such failure, excess, abuse or incapacity within

such reasonable time as the Government may

fix in this behalf, the Government may remove

the President or the Vice-President or dissolve

the Council, as the case may be, and in case of

dissolution of the Council, cause all or any of

the powers, duties and functions of the Council

to be exercised, performed and discharged by

an administrator or any person of eminence

as may be appointed by the Government, for



1081

such period as may be decided by

the Government not exceeding two years,

and shall take steps to constitute, a new

Council.

45. Removal of difficulties.— If any difficulty

arises in giving effect to the provisions of this

Act, the Government may, by general or

special order published by notification in the

Official Gazette, make such provisions

consistent with the provisions of this Act as

appear to it to be necessary or expedient for

the purposes of removing difficulty:

Provided that no such order shall be madeafter the expiration of two years from thecommencement of this Act.


The Bill seeks to regulate and controlregistration of nurses, auxiliary nursemidwives, multipurpose health workers andhealth visitors practicing in Goa; to giverecognition to training institutions; to grantaffiliation and withdraw recognition; toconduct examinations; and for that purpose toconstitute the Goa Nursing Council and thematters connected therewith and incidentalthereto.


Under the Bill, the duties which are to beperformed by the State Nursing Council,requires appointment of the required staff.There would be financial implications involvedfor creation of infrastructure, salaries,recurring/non-recurring expenditure, besidesgrant-in-aid to be granted, however, the exactamount cannot be quantified at this stage.


Clause 1(3) of the Bill empowers theGovernment to issue notification for appointinga date to bring into force the Act.

Clause 3(1) of the Bill empowers theGovernment to constitute the Goa NursingCouncil by issuing notification in the OfficialGazette.

Clause 3(5) of the Bill empowers theGovernment to make rules for specifying thetime, place and manner in which the electionof members and of the President and theVice-President of the Council shall be held.

Clause 8(1) of the Bill empowers theGovernment to frame rules for providing themanner of convening, holding and conductingmeetings of the Council.

Clause 10(n) of the Bill empowers theGovernment to frame rules for providingother powers to be exercised and otherduties and functions to be performed, by theCouncil.

Clause 11 of the Bill empowers theGovernment to frame rules for specifying thenumber of members of the ExecutiveCommittee, their term of office, the manner offilling casual vacancies and the procedure tobe followed by them.

Clause 12 of the Bill empowers theGovernment to frame rules for providing thequalifications which the Chairman of theExamination Board shall have, the term of officeof the members of the Examination Board, themanner of filling causal vacancies, procedureto be followed and other duties and functionsof the Examination Board.

Clause 13 of the Bill empowers theGovernment to frame rules for providing thefees and allowances to be paid to the President,Vice-President, members of the Council,Executive Committee and other Committeesand the Chairman and members of theExamination Board.

Clause 15 of the Bill empowers theGovernment to frame rules for providing thequalification, salary, allowances and otherconditions of service of the Registrar andDeputy Registrar and the manner of keepingaccounts and supervisory powers and otherduties and functions of the Registrar.

Clause 17 of the Bill empowers theGovernment to frame rules for providing the


1082

form of Register, parts into which it shall bedivided and particulars it shall include, formof application, fee to be paid, and form ofcertificate of registration.

Clause 18 of the Bill empowers theGovernment to frame rules for providing therenewal fee for continuation of name on theRegister, form of renewal slip and penal fee tobe paid for failure to pay renewal fee in time.

Clause 19 of the Bill empowers theGovernment to frame rules for providing thefee for recording change in name and formaking entry regarding recognized higherqualification, in the Register and also fee forissuing duplicate certificate of registration.

Clause 20 of the Bill empowers theGovernment to frame rules for providing feefor entering the name of the person in theregister who is holding qualifications asspecified therein.

Clause 22 of the Bill empowers theGovernment to frame rules for providing thefee to be paid and the form of application fortemporary registration and of certificate ofsuch registration.

Clause 23(3) of the Bill empowers theGovernment to frame rules for providing theform of the List, parts into which it shall bedivided and other particulars it shall include,form of application, fee and renewal fee to bepaid and the form of certificate of enlistment.

Clause 24 of the Bill empowers theGovernment to frame rules for providing themanner of holding inquiry and conditions andfee payable for re-entering the name in theRegister and the List.

Clause 25 of the Bill empowers theGovernment to frame rules for providing theform of list of all nursing personnel, particularsto be included therein and the manner of itspublication.

Clause 27 of the Bill empowers theGovernment to frame rules for providing themanner of hearing and determining theappeals by the Council.

Clause 30 of the Bill empowers theGovernment to appoint the LicensingAuthority, by notification, for issuing licencesfor establishing nursing establishment.

Clause 32 of the Bill empowers theGovernment to frame rules for providing theform of notice to be given to the LicensingAuthority and the particulars which shallcontain in such notice.

Clause 35 of the Bill empowers theGovernment to frame rules for providing theform and the manner in which, the applicationfor license to establish nursing establishmentshall be made and the fee to be accompaniedwith such application and Memorandum ofappeal.

Clause 42 of the Bill empowers theGovernment to frame rules for carrying out thepurposes of the Act.

Clause 43 of the Bill empowers the Councilto frame regulations under the Act.

Clause 45 of the Bill empowers theGovernment to issue order for removing anydifficulty.


Porvorim-Goa. LAXMIKANT Y. PARSEKAR

2nd August, 2012. Minister for Health



2nd August, 2012. Assembly of Goa

Governor’s Recommendation under Article 207of the Constitution of India

In pursuance of Article 207 of theConstitution of India, I Bharat Vir Wanchoo,Governor of Goa, hereby recommend to theLegislative Assembly of Goa, the introductionand consideration of the Goa Nursing CouncilBill, 2012 (Bill No. 28 of 2012).



1083

LA/LEGN/2012/1338


_________

The Goa Salary, Allowances and Pensionof Members of the Legislative Assembly

(Fourth Amendment) Bill, 2012(Bill No. 29 of 2012)

A

BILL

further to amend the Goa Salary, Allowancesand Pension of Members of the LegislativeAssembly Act, 2004 (Goa Act 20 of 2004).

Be it enacted by the Legislative Assemblyof Goa in the Sixty-third Year of the Republicof India, as follows:

1. Short title and commencement.— (1) ThisAct may be called the Goa Salary, Allowancesand Pension of Members of the LegislativeAssembly (Fourth Amendment) Act, 2012.


2. Amendment of section 3.— In section 3of the Goa Salary, Allowances and Pension ofMembers of the Legislative Assembly Act,2004 (Goa Act 20 of 2004) (hereinafter referredto as the “principal Act”),—

(i) in sub-section (1), for the expression“five thousand rupees” and “one thousandrupees”, the expression “ten thousandrupees” and “two thousand rupees” shallbe respectively substituted;

(ii) in sub-section (2), for the expression“Rs.750/- (Rupees seven hundred and fiftyonly)”, the expression “Rs.1,500/- (Rupeesone thousand and five hundred only)” shallbe substituted.

3. Amendment of section 5.— In section 5of the principal Act, in sub-section (1), for

the expression “Rs. 6 lakhs”, wherever itoccurs, the expression “rupees fifteen lakhs”shall be substituted.

4. Amendment of section 9.— In section 9of the principal Act, for the expression “fiftyfive thousand rupees”, the expression “ninetythousand rupees” shall be substituted.

5. Amendment of section 11.— In section11 of the principal Act, in sub-section (1),—

(i) for the expression “rupees eightthousand”, the expression “rupees fifteenthousand” shall be substituted;

(ii) for the expression “one thousand andtwo hundred fifty rupees”, the expression“two thousand rupees” shall besubstituted;

(iii) for the expression “rupees fiftythousand”, the expression “rupees seventythousand” shall be substituted.

6. Amendment of section 14.— In section14 of the principal Act, in sub-section (1),—

(i) for the expression “being such aswould be admissible”, the expression“shall be the maximum amount whichwould be admissible” shall be substituted;

(ii) the following proviso shall beinserted, namely:—

“Provided that a member shall also beentitled to travelling allowance, at the rateaforesaid for journey made by him for thepurpose other than aforesaid, from his usualplace of residence to Delhi or any otherplace within India and for the returnjourney from such place to his usual placeof residence, not more than twice a year.”;

(iii) in sub-section (3), for the expression“Rs. 2,500/-”, the expression “Rs. 6,000/-”shall be substituted.

7. Amendment of section 15.— In section15 of the principal Act, for the expression“two hundred and fifty litres”, the expression“three hundred litres” shall be substituted.


1084

8. Substitution of section 19.— For section19 of the principal Act, the following sectionshall be substituted, namely:—

“19. Staff to Member.— A member mayappoint not more than five persons, viz,one person as a Personal Secretary in thepay scale of Head Clerk and one LowerDivision Clerk, one Peon and two Drivers,all carrying the same pay scales asattached to the equivalent posts in theGovernment. The member may recruit theabove staff from the employees who are inservice of the Government or theGovernment Corporations, on deputation,or from outside, whose term shall beco-terminus with the term of a member.”.


As there is inflation and the cost of livingin the State of Goa is higher as compared tothe neighbouring States, it is proposed toamend section 3 of the Goa Salary,Allowances and Pension of Members of theLegislative Assembly Act, 2004 (Act 20 of2004) (hereinafter referred to as the “saidAct”), so as to increase the salary entitled toa member from five thousand rupees to tenthousand rupees and the daily allowanceduring his period on duty from one thousandrupees to two thousand rupees. Further, theamount of seven hundred fifty rupees payableto a member on duty in lieu of theaccommodation provided to him is increasedto one thousand five hundred rupees. Also,it is proposed to amend section 11 of thesaid Act, so as to increase the pensionpayable to a member for the first year fromeight thousand rupees to fifteen thousandrupees and every successive year of hismembership from one thousand and twohundred fifty rupees to two thousand, subjectto a maximum of seventy thousand rupees.

As the cost of a good vehicle isconsiderably increased, it is proposed to alsoincrease repayable motor car allowanceadmissible to a member under section 5 ofthe said Act from six lakhs rupees to fifteenlakhs rupees, by amending section 5 of thesaid Act.

As a member has to move throughout inhis constituency to ensure its overalldevelopment and to meet his constituencypeople, it is proposed to increase theconstituency allowance payable undersection 9 of the said Act from fifty fivethousand rupees to ninety thousand rupees,by amending section 9 of the said Act, so asto meet his travelling expenses thereof.

It is also proposed to amend section 14 ofthe said Act, so as to allow a member todraw travelling allowance at the maximumamount which would be admissible in

respect of journeys on tour to a Group ‘A’

officer of the Central Government, when

attending to any official business connected

with his duty as a member outside the State.

Further it is also proposed to entitle him a

travelling allowance at the rate of maximum

amount admissible in respect of journey on

tour to Group ‘A’ officials, made either by air

or railways, from his usual place of residence

to Delhi or any other place in India and for

return journey not more than twice a year. It

is also proposed to increase the daily amount

admissible to a member while travelling

outside the State either in capacity of

committee member or in any other official

capacity from two thousand five hundred

rupees per day to six thousand rupees per

day, in lieu of accommodation/stay during

travels.

The Bill also seeks to amend section 15 of

the said Act, so as to increase the quota of a

petrol/diesel admissible to a member per

month for the use of his personal vehicle from

250 litres to 300 litres.

The Bill also seeks to amend section 19 of

the said Act, so as to enable a member to

appoint not more than five persons, viz, one

Personal Secretary in the pay scale of Head

Clerk, one Lower Division Clerk, two drivers

and one peon all carrying the same pay

scales as attached to the equivalent posts in

the Government. A member may take the

services of existing employees of the



1085

Government on deputation or may engage

outside persons whose term will be co-

-terminus with the term of a member.



The total financial implications on account

of the amendment to sections 3, 5, 9, 11, 14,

15, and 19 proposed in the Bill, would be to

the tune of Rs. Six crores, per annum.




6th August, 2012. Chief Minister/Minister for Law,

Judiciary and Legislative Affairs

Assembly Hall, N. B. SUBHEDARPorvorim-Goa, Secretary to the

6th August, 2012. Legislative Assembly of Goa


In pursuance of Article 207 of theConstitution of India, I, Bharat Vir Wanchoo,Governor of Goa, hereby recommend theintroduction and consideration of the GoaSalary, Allowances and Pension of Membersof the Legislative Assembly (FourthAmendment) Bill, 2012, by the LegislativeAssembly of Goa.

ANNEXURE....................................................................................................

Extract of sections 3, 5, 9, 11, 14, 15 and 19of the Goa Salary, Allowances and Pension of

the Members of the Legislative AssemblyAct, 2004

(Act No. 20 of 2004)

.....................................................................................................

3. Salaries and daily allowances.— (1) A member

shall be entitled to receive salary at the rate of five

thousand rupees per month during his term of office

and shall also be entitled to receive daily

allowances at the rate of one thousand rupees for

each day during any period on duty.

Explanation.— Daily allowance shall beadmissible to a member for each day on dutyirrespective of the time of his arrival or departure.

(2) A member shall be entitled for an amount of

Rs. 750/- (Rupees Seven hundred and fifty only), for

each day on duty in lieu of the accommodation

provided under section 13.

5. Motor car advance.— (1) Subject to other

provisions of this Act and to such conditions asmay be prescribed, a Member may be sanctioned,by way of repayable advance, an amount of Rs. 6lakhs for purchase of new motor car at suchinstallments and interest fixed under the rules:

Provided that a member can avail of themaximum amount of advance of Rs. 6 lakhs and usethe same, in part for the purpose of purchase ofnew motor car and in part for the repayment ofoutstanding amount of any advance or loan earlieravailed of by a member for purchase of motor careither under this Act or any other law or rulesmade thereunder.

(2) The advance referred to in sub-section (1)may be availed of by a member once every threeyears provided the member has fully cleared anyadvance earlier availed under sub-section (1) andif such earlier advance has not been fully cleared,then, the member may be sanctioned a secondadvance only to the extent of the differential in theamount specified under sub-section (1).

(3) A motor car purchased under sub-section (1)shall be hypothecated to the Government and alsoinsured, in the manner prescribed.

(4) A member may be allowed to sell the motorcar purchased under sub-section (1) only for thepurpose of repaying the entire amount of advancegranted under sub-section (1), with the permission,of the sanctioning authority.

(5) Notwithstanding anything contained insub-section (1), any advance or loan availed of bya member for purchase of motor car under theprovision of any other law or rules made thereundershall continue to be governed by the provision ofsuch other law or rules.

9. Constituency allowance.— Notwithstandinganything contained in any other law for the timebeing in force, there shall be paid to each member


1086

a constituency allowance at the rate of fifty fivethousand rupees per every calendar month or apart thereof, during the term of the Assembly.

11. Pension.— (1) Subject to the other provisionsof this Act, with effect from the 1st day of July,2004, there shall be paid to every person who hasbeen a member, a pension of rupees eight thousandper mensem for the first year and one thousandand two hundred fifty rupees per month for everysuccessive year of his membership in the Assemblysubject to a maximum of rupees fifty thousand permonth and while reckoning the period of one year,days exceeding 180 days in a calendar year shallbe counted as one year:

Provided that the members of the FirstLegislative Assembly, the members nominated tothe Second Legislative Assembly and the membersof the Sixth Legislative Assembly elected from theconstituencies of Daman and Diu, of the then UnionTerritory of Goa, Daman and Diu, and who haveserved as such members for a period which fallsshort of five years, shall be deemed to havecompleted a term of five years and be paid pensionaccordingly:

Provided further that pension shall also be paidto the members nominated to the Sixth LegislativeAssembly:

Provided also that the said members of theSixth Legislative Assembly elected from theconstituencies of Daman and Diu shall not drawthe pension as long as they serve as Councillors ofthe Union Territory of Daman and Diu:

Provided also that after the death of the personas aforesaid, the pension shall be payable to hiswidow or her widower, as the case may be, as longas she or he does not remarry and after the deathof the widow or widower, as the case may be, thepension shall be payable to the dependent familymembers of the person as aforesaid till they attainthe age of 25 years and to unmarried dependentdaughter till she gets married or till her death,whichever is earlier, and such pension shall bepayable subject to the provisions in the succeedingsub-sections of this section and the other provisionsof this Act.

(2) The pension payable to a person undersub-section (1), in case there be any outstandingamount or loan or any facilities availed under thisAct, it shall be first adjusted towards repayment ofsuch outstanding amount or loan or any facility

availed of, including interest payable thereon, tillsuch entire outstanding amount or loan or facilityis cleared.

(3) Where any person entitled to pension undersub-section (1)–

(i) is elected to the office of the President orVice-President or is appointed to the office ofthe Governor of any State or the Administratorof any Union Territory; or

(ii) becomes a member of the Council of Statesor the House of the People or any LegislativeAssembly of a State or Union Territory or anyLegislative Council of a State; or

(iii) is employed on a salary under CentralGovernment, or any State Government or anyCorporation owned or controlled by the CentralGovernment or by any State Government or anylocal authority or becomes otherwise entitled toany remuneration from such Government,Corporation or local authority, such person shallnot be entitled to any pension under sub-section(1) for the period during which he continues tohold such office or as such member, or is soemployed, or continues to be entitled to suchremuneration:

Provided that where the salary payable to suchperson for holding such office or being such memberor so employed or whom the remuneration referredto in clause (iii) payable to such person is, in eithercase, less than the pension payable to him undersub-section (1), such person shall be entitled onlyto receive the balance as pension under that sub--section.

(4) Where any person entitled to pension undersub-section (1) is also entitled to any pension fromthe Central Government or any State Government,or any Corporation owned or controlled by theCentral Government or any State Government, orany local authority under any law or otherwise,then,

(a) where the amount of pension to which heis entitled under such law or otherwise, is equalto or in excess of that to which he is entitledunder sub-section (1), such person shall not beentitled to any pension under that sub-section;and

(b) where the amount of pension to which heis entitled under such law or otherwise, is less



1087

than that to which he is entitled under sub-section (1), such person shall be entitled topension under that sub-section only of anamount which falls short of the amount ofpension to which he is otherwise entitled underthat sub-section:

Provided that any pension (whether known asSwantantra Sainik Samman pension or by any othername) received by such pensioner as a freedomfighter or any pension received by such pensioneras a teacher in an aided educational institutionshall not be taken into account for the purpose ofthis sub-section and such person shall be entitledto receive such pension in addition to the pensionto which he is entitled under sub-section (1).

(5) In computing the number of years for thepurpose of sub-section (1) the period during whicha person has served as a Minister as defined in theGoa Salaries and Allowances of Ministers Act, 1964(Act 3 of 1965) or as a Speaker or Deputy Speakeras defined in the Goa Salaries and Allowances ofthe Speaker and Deputy Speaker Act, 1964 (Act 4of 1965) shall also be taken into account.

14. Travelling allowance.— (1) In respect of everyjourney performed by a member for attending toany official business connected with his duties asa member outside the State, he shall be entitled totravelling allowance from his usual place ofresidence to such place where the business is tobe transacted and for the return journey from suchplace to his usual place of residence, the amountof such allowance being such as would beadmissible in respect of journeys on tour to a Group‘A’ Officer of the Central Government serving inconnection with the administration of the State ofGoa and shall also be entitled to an advance oftravelling allowance when proceeding on touroutside the State of Goa in connection with hisduties as a member on the same terms andconditions as are applicable to the grant of anadvance to the Group ‘A’ Officer aforesaid inconnection with a tour.

(2) Notwithstanding anything contained insub-section (1), a member who performs a journeyby road or by air between places connected byrail, whether wholly or in part, may draw the roadmileage in place of the travelling allowance whichwould have been admissible to him if he hadtravelled by rail or actual air fare for each journeyundertaken, as the case may be:

Provided that the total amount of travellingallowance drawn by such member for the entire

journey shall not exceed the amount which wouldhave been admissible to him, had he performedthe journey by rail or actual, air fare with respectto journey undertaken, as the case may be.

(3) A member travelling outside the State, eitherin the capacity of committee member or in anyother official capacity, shall be entitled forreimbursement of an amount to the extent of Rs.2500/- per day in lieu of his/her accommodation//stay during his/her travel as aforesaid.

15. Petrol/diesel for personal vehicle.— A membershall be entitled for a maximum of two hundredand fifty litres of petrol/diesel per month, for theuse of his personal vehicle, the cost of which shallbe borne by the Legislature Secretariat, in themanner prescribed.

19. Personal assistants.— Subject to theprovisions of the rules made in this behalf, amember may appoint not more than four personspossessing such qualifications and on such termsand conditions as may be prescribed, as hispersonal assistants and the total remunerationpayable to all such personal assistants shall notexceed Rs. 32,000/- (Rupees Thirty two thousandonly) per month:

Provided that in case a member engages theservices of a serving Government employee as hispersonal assistant then the total remuneration ofRs. 32,000/- (Rupees Thirty two thousand only) shallbe reduced by an amount equivalent to the basicsalary drawn by such Government employee at thetime of his engagement as personal assistant.




_________

LA/LEGN/2012/1339



1088

The Goa Salaries and Allowances ofMinisters (Amendment) Bill, 2012

(Bill No. 30 of 2012)

A

BILL

further to amend the Goa Salaries andAllowances of Ministers Act, 1964 (Act 3 of1965).


1. Short title and commencement.— (1) ThisAct may be called the Goa Salaries andAllowances of Ministers (Amendment) Bill,2012.


2. Substitution of section 3.— For section 3of the Goa Salaries and Allowances ofMinisters Act, 1964 (Act 3 of 1965) (hereinafterreferred to as the “principal Act”), thefollowing section shall be substituted,namely:—

“3. Salary and Sumptuary Allowances.—(1) There shall be paid to each Minister amonthly salary as laid down below,namely:—

1. Chief Minister Rs. 20,000/-.

2. Deputy Chief Minister Rs. 19,000/-.

3. Minister Rs. 18,000/-.

4. Minister of State/Deputy Rs. 17,000/-.Minister

(2) Every Minister shall also be entitled to amonthly sumptuary allowance as laid downbelow, namely:-

1. Chief Minister Rs. 25,000/-.

2. Deputy Chief Minister Rs. 20,000/-.

3. Minister Rs. 15,000/-.

4. Minister of State/Deputy Rs. 10,000/-.”.Minister

3. Amendment of section 4.— In section 4 ofthe principal Act, for the words “ten thousandrupees”, the words “twenty thousand rupees”shall be substituted.


The Bill seeks to amend sections 3 and 4 ofthe Goa Salaries and Allowances of MinistersAct, 1964 (Act No. 3 of 1965), so as to enhancethe monthly salary, sumptuary allowance andcompensatory allowance of the Ministers bytaking into consideration the price indexand living standard, which have beenconsiderably increased.



The additional financial liability on accountof the proposed increase in monthly salary,sumptuary allowance and compensatoryallowance of the Ministers would be to theextent of Rs. 45.36 lakhs per annumapproximately.


No delegated Legislation is involved in thisBill.

Porvorim-Goa. MANOHAR PARRIKAR

6th August, 2012. Chief Minister




Governor’s Recommendation under Article 207 ofthe Constitution



Governor of Goa, hereby recommend the

introduction and the consideration of the Goa

Salaries and Allowances of Ministers

(Amendment) Bill, 2012, by the Legislative

Assembly of Goa.

BHARAT VIR WANCHOO

Governor of Goa



1089

ANNEXURE.........................................................................................................................................................

Extract of the Goa Salaries and Allowances ofMinisters Act, 1964 (Act 3 of 1965)

......................................................................................................

Section 3

3. Salary and Sumptuary Allowances.— (1) Thereshall be paid to each Minister a monthly salary aslaid down below, namely:-

1. Chief Minister……… Rs. 8,000/-2. Deputy Chief Minister…… Rs. 7,000/-3. Minister…………..................... Rs. 6,000/-4. Minister of State/Deputy

Minister........................................... Rs. 5,000/-

(2) Every Minister shall also be entitled to amonthly sumptuary allowance as laid down below,namely:—

1. Chief Minister………………Rs. 15,000/-

2. Deputy Chief Minister…… Rs. 9,500/-

3. Minister………………… Rs. 9,000/-

4. Minister of State/DeputyMinister…......................... Rs. 5,000/-

Section 4

4. Residence of Ministers.— Each Minister shall beentitled, without any payment, to the use andmaintenance of a furnished residence throughouthis term of office and for a period of fifteen daysimmediately thereafter, and so long as such residenceis not provided, to a compensatory allowance of tenthousand rupees per month and in addition, shallalso be entitled, for the purpose of payment to a sumequal to the actual charges of electricity and waterin respect of his private residence:

Provided that the Chief Minister shall not beentitled to the compensatory allowance as aforesaid.

Explanation.— For the purpose of this section,—

(i) ‘residence’ includes the staff quarters and otherbuildings appurtenant thereto and the gardenthereto as is exclusively set apart for use as office atthe residence and is used as such;

(ii) ‘maintenance’ in relation to a residenceincludes payment of local rates and taxes andprovision of electricity and water, which shall be paid

by the Government.




LA/LEGN/2012/1340

The following bill which was introduced in

the Legislative Assembly of the State of Goa

on 7th August, 2012 is hereby published for

general information in pursuance of

Rule–138 of the Rules of Procedure and

Conduct of Business of the Goa Legislative

Assembly.

_________

The Goa Land Use (Regulation)(Amendment) Bill, 2012

(Bill No. 25 of 2012)

A

BILL

to amend the Goa Land Use (Regulation) Act,1991 (Goa Act 3 of 1991).


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

Act may be called the Goa Land Use

(Regulation) (Amendment) Act, 2012.

(2) It shall come into force from the date of

its publication in the Official Gazette.

2. Amendment of section 2.— In section

2 of the Goa Land Use (Regulation) Act, 1991

(Goa Act 3 of 1991) (hereinafter referred to

as the “principal Act”), after the expression

“the Goa, Daman and Diu Agricultural

Tenancy Act, 1964 (Act 7 of 1964)” and

before the expression “shall be used”, the

expression “or any land, purchased or in

respect of which right of any kind is

acquired, in execution of a decree of a Civil

Court or of a Revenue Court, as the

case may be, or any other land” shall be

inserted.


1090

3. Insertion of new section 2A.— Aftersection 2 of the principal Act, thefollowing new sections shall be inserted,namely:—

“2A. Restriction on the owner of land.—

(1) The owner of land as referred to in

section 2 shall not transfer any such land

either by way of sale, or gift, or exchange,

or lease, in favour of any person, including

foreigner, other than agriculturist.

(2) No owner of land as referred to in

section 2 shall use or allow it to be used

for any purpose other than agriculture.

Explanation:— For the purpose of this

section, “Agriculturist” means a person

who cultivates land personally in the State

of Goa.

(3) Any transfer of land, in contravention

of the provisions of sub-section (1) shall be

deemed to be void and non-est in the eyes

of law and shall not confer any right, title

to, or interest in the transferee.

(4) If any question arises as to whether

any land is an agricultural land or not, the

Director of Agriculture, Government of Goa,

shall after holding an inquiry, decide such

question.

5. Notwithstanding anything contained in

any other law or rules, regulations, bye-laws,

schemes, framed thereunder, or any

judgement, decree, writ, order or declaration

of any court whatsoever, from the date of the

commencement of the Goa Land Use

(Regulation) (Amendment) Act, 2012, no

administrative, statutory, public authority or

any other authority under any law shall grant

permission/no objection certificate/approval/

/clearance/sanad/conversion/sanction, to use

the land as referred to in section 2 for any

purpose other than agriculture.


The agricultural land mass in the State of

Goa is reducing day by day due to use of

agricultural land for non-agricultural

purposes. Many times without obtaining

proper sanad from the statutory authority

for such use.

In order to protect the existing agricultural

land in the State of Goa, the Bill seeks to

amend Section 2 of the Goa Land Use

(Regulation) Act, 1991 (Goa Act 3 of 1991),

so as to prohibit use of the agricultural

land for any purpose other than

agriculture.

The Bill further seeks to insert a new

section 2A in the said Act so as to restrict

the owner of an agricultural land from

transferring such land in favour of any

person, including foreigner, other than

agriculturist.

This Bill seeks to achieve the above object.


No Financial implications are involved in thisBill


No delegated legislation is involved in this

Bill.

Porvorim-Goa, ADV. FRANCIS D’SOUZA

Date: 6th August, 2012. Minister for Revenue


Porvorim-Goa, Secretary, Legislative

Date: 6th August, 2012.



1091

ANNEXURE

Bill No. 25 of 2012..................................................................................................................

The Goa Land Use (Regulation) (Amendment)Bill, 2012

.......................................................................................................

2. Regulation of Use of Land.— Notwithstandinganything contained in the Goa, Daman and DiuTown and Country Planning Act, 1974 (Act 21 of1975) or in any plan or scheme made thereunder orin the Goa Land Revenue Code, 1968 (Act 9 of1969), no land which is vested in a tenant underthe provision of the Goa, Daman and DiuAgricultural Tenancy Act, 1964 (Act 7 of 1964) shall

be used or allowed to be used for any purpose

other than agriculture.

3. Exemption.— The provisions of this Act shallnot apply to acquisition of any land vested in atenant under the Goa, Daman and Diu AgriculturalTenancy Act, 1964 (Act 7 of 1964) by the Statefor a Public Purpose under the provisions of theLand Acquisition Act, 1894 (Central Act 1 of 1894).


Porvorim-Goa, Secretary, Legislative

Dated: 6th August, 2012.

——— ———

Department of Law & JudiciaryLaw (Establishment) Division

___

Order

13/1/2012-LD(Estt).

Sanction of the Government is hereby conveyed for the creation of the following posts to

the District and Sessions Court, North Goa, Panaji with immediate effect:—

Sr. No. Designation of the post Pay scale (in Rs.) No. of posts proposed for creation

1. Protocol Officer-cum-Superintendent 9300-34800+GP 4600 12. Bench Clerk Grade-I to the District and 9300-34800+GP 4200 8

Sessions Court3. Bench Clerk Grade-II to the Court of 5200-20200+GP 2400 7

Civil Judge Sr. Div./C.J.M.4. Bench Clerk Grade-III to the Court of 5200-20200+1900 GP 11

Civil Judge Jr. Div. & JMFC5. Jr. Clerk/L.D.C. to assist the Protocol 5200-20200+1900 GP 1

Officer

Total 28

The expenditure to the above posts shall be debitable to the Budget Head 2014—Administration of Justice; 00; 105—Civil & Sessions Courts; 02—District and Sessions Judge(North Goa); 01—Salaries; North Goa, under Demand No. 03.

This is issued on the recommendation of Administrative Reforms Department vide their U. O. No. ARD/261/F dated 23-04-2012 and concurrence of Finance (Rev. & Cont.) Departmentvide their U. O. No. Fin (R & C)/1453249-F dated 25-05-2012.

By order and in the name of the Governor of Goa.

N. P. Singnapurker, Under Secretary (Estt.).

Porvorim, 31st July, 2012.


1092

Order

13/1/2012-LD(Estt).

Sanction of the Government is hereby conveyed for the creation of the following posts tothe District and Sessions Court, South Goa, Margao with immediate effect:

Sr. No. Designation of the post Pay scale (in Rs.) No. of posts proposed for

creation

1. Protocol Officer-cum-Superintendent 9300-34800+GP 4600 1

2. Bench Clerk Grade-I to the District and 9300-34800+GP 4200 7Sessions Court

3. Bench Clerk Grade-II to the Court of 5200-20200+GP 2400 7Civil Judge Sr. Div./C.J.M.

4. Bench Clerk Grade-III to the Court of 5200-20200+GP 1900 9Civil Judge Jr. Div. & JMFC

5. L.D.C. to assist the Protocol Officer 5200-20200+GP 1900 1

Total 25

The expenditure to the above posts shall be debitable to the Budget Head 2014—Administration of Justice; 00; 105—Civil & Sessions Courts; 02—District and Sessions Judge(South Goa), 01—Salaries (Non Plan), South Goa; under Demand No. 04.

This is issued on the recommendation of Administrative Reforms Department vide theirU. O. No. ARD/261/F dated 23-04-2012 and concurrence of Finance (Rev. & Cont.) Departmentvide their U. O. No. Fin(R & C)/1453249-F dated 25-05-2012.

By order and in the name of the Governor of Goa.

N. P. Singnapurker, Under Secretary (Estt).

Porvorim 31st July, 2012.

——— ———

Department of Personnel ___

Notification

1/49/76-PER (Pt.II)

In exercise of the powers conferred by the

proviso to Article 309 of the Constitution of

India, the Governor of Goa is hereby pleased

to make the following amendment to the

Recruitment Rules for Group ‘C’ and ‘D’ posts

in various Departments under the

Government of Goa, as follows:—

In the Schedule annexed to the

Recruitment Rules for various Group ‘C’ and

‘D’ posts under the Government of Goa, the

existing age limit in the column prescribed

for direct recruitment shall be enhanced by

two years.

The relaxation in age limit provided to

Government servants and other categories

of personnel wherever applicable shall be in

addition to the above increase in age limit of

two years.



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This notification shall come into force fromthe date of its publication in the OfficialGazette and shall remain in force for a periodof two years from the date of itscommencement.

By order and in the name of theGovernor of Goa.

Yetindra M. Maralkar, Additional Secretary(Personnel).

Porvorim, 6th August, 2012.

——— ———

Department of Sports & Youth AffairsDirectorate of Sports & Youth Affairs

___

Order

2/07/(829)/11/DSYA/Adm/2176

Sanction of the Government is herebyaccorded for creation of a post of anAccountant in the Directorate of Sports &Youth Affairs in the Pay Scale of Rs. 9,300/-34,800 Grade Pay Rs. 4,200/- to be filled by asuitable Officer/Official from the Directorateof Accounts on transfer basis for effecting//monitoring day-to-day Accounts of theAccount Section of this Directorate.

The expenditure shall be debited to theBudget Head Demand No. 42.

2204—Sports & Youth Services;00—;

101—Physical Education;04—Directorate of Sports (N. P.);01—Salaries.

This issues with the approval/concurrence

of the ARD vide their U.O. No. 1104/F dated

5-07-2011 and Finance (Rev. & Cont.) vide their

U. O. No. 1442951-F dated 4-8-2011.


V. M. Prabhu Desai, Director (Sports &Youth Affairs).

Panaji, 3rd August, 2012.

Department of Women & Child DevelopmentDirectorate of Women & Child Development

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Notification

2/279/LL/2012/DW&CD/2969

Read: Notification No. 2/279/LL/2012//DW&CD/2562 dated 06-07-2012.

For removal of difficulties in the implemen-tation of the Laadli Laxmi Scheme notified inthe Official Gazette, Series I No. 16 dated19-07-2012, in terms of powers conferred videsub-clause (3) of Clause 6 of the Scheme, theGovernment hereby amends the said Schemeas hereunder:

1. In sub-clause (i) of Clause 4(1), thesentence/words “In no case shall theCertificate of Birth under delayed birthregistration provisions be accepted and insuch cases the matter will be referred to theCommittee constituted for the purpose” shallbe deleted and substituted by the followingsentence/words:

“In cases of delayed birth registrationcertificate, the application will be referredto the Committee constituted for decision.”

2. In sub-clause (ii) of Clause 4 (1), thesentence/words “The previous SchoolLeaving Certificate and the current BonafideStudent Certificate issued by the recognisedEducational Institution in which the Girl ispresently studying, shall be considered in lieuof the Residence Certificate,” shall be deletedand substituted by the following sentence//words:

“In lieu of the Residence Certificate, theprevious School Leaving Certificate and thecurrent Bonafide Student Certificate issuedby the recognized Educational Institutionin which the Girl is presently studying canalso be produced. However, in case of girlswho discontinued education at school level,the gap period i.e. from the time ofdiscontinuation of education till completion


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of 18 years of age/marriage as the casemay be proved by production of residencecertificate. In case of graduates, theCertificates of passing Xth, XIIth andGraduation is adequate evidence.”

3. In sub-clause (iii) of Clause 4(1), afterthe words “as the case may be.”, thefollowing shall be added:

“In lieu of the Residence Certificate, anydocumentary evidence to prove theresidence for the specified period can alsobe produced which may include:

(a) The land records i.e. tenancy rights,mundkarial rights, occupancy rights, etc.;

(b) Employment Certificate; or

(c) Any such records to the satisfactionof the Committee.”

4. In sub-clause (iv) of Clause 4(1), thesentence/words “In no case shall theCertificate of Birth under delayed birthregistration provisions be accepted and insuch cases the matter will be referred to theCommittee constituted for the purpose.”,shall be deleted and substituted by thefollowing sentence/words:

“In cases of delayed birth registrationcertificate, the application will be referredto the Committee constituted for decision.

If no birth certificate is available, one ofthe following documents can be producedshowing the details namely, the date andplace of birth of the parent(s):

(a) Baptism certificate;

(b) School leaving certificate of theparent(s);

(c) Any document which establishes thatone of the grandparents of the girlhave lived in Goa around the time ofthe date of birth claimed by theparent(s); or

(d) Any such records which establishesthe date of birth of the parent(s).”

5. In Clause 4 below Note 2, the followingshall be added:

“Note 3: The application form (Annexure-I) shallbe signed by the applicant in the presence ofeither a Member of Legislative Assembly, Memberof Parliament, Government Officer (not below therank of Additional/Special Secretary to the

Government of Goa) or the District Magistrate.”


Sunil P. Masurkar, Director & ex officio JointSecretary (Women and Child Development).

Panaji, 7th August, 2012.

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