Chapter I Chapter I

Preliminary

Short title, extent and commencement.—

1. (1) This Act may be called the Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968.
2. (2) It extends, in the first instance, to the cities of Panaji, Margao, Mapusa and Vasco (including the Harbour area) and to Daman (Nani and Moti) in the Union Territory of Goa, Daman and Diu but the Administrator may, from time to time, by notification in the Official Gazette extend this Act or any provision thereof to any other area in the said Union Territory.
3. (3) It shall come into force on such date as the Administrator may, by notification in the Official Gazette, appoint: Provided that different dates may be appointed for different provisions of this Act and for different areas and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.

Definitions.— In this Act, unless the context otherwise requires,—

1. (a) “Administrative Tribunal” means the Administrative Tribunal constituted under the Goa, Daman and Diu Administrative Tribunal Act, 1965;
2. (b) “Administrator” means the administrator of the Union Territory of Goa, Daman and Diu appointed by the President under article 239 of the Constitution;
3. (c) “Appellate Board” means the Appellate Board constituted under sub-section

1. (1) of section 41;
   • (d) “Authorised Officer” means an officer appointed as such under sub-section
2. (2) of section 41;
   • (e) “Building” means any building, or part of a building, which is, or is intended to be, let separately for use as a residence or for commercial use or for any other purpose, and includes—
     • (i) the garden, ground and out-houses, if any, appertaining to such building or part of the building;
     • (ii) any furniture supplied by the landlord for use in such building or part of the building; but does not include a room in a hotel or lodging house;
   • (f) “Controller” means a person appointed as a controller under sub-section
3. (2) of section 41 and, except in section 42, includes an Additional Controller;
   • (g) “fair rate” means the fair rate fixed under section 37 and includes the rate as revised under section 38;
   • (h) “fair rent” means the fair rent fixed under Chapter III;
     • (i) “hotel or lodging house” means a building, or part of a building, where lodging with or without board or other services is provided for monetary consideration;
   • (j) “landlord” means a person who, for the time being, is receiving, or is entitled to receive, the rent of any building, whether on his own account or on account of, or on behalf of, or for the benefit of, any other person or as a trustee, guardian or receiver for any other person or who would so receive the rent or be entitled to receive the rent, if the premises were let to a tenant;
   • (k) “manager of a hotel” includes any person in charge of the management of the hotel;
   • (l) “member of the family” means—
     • (i) in relation to a landlord who is an individual, his spouse, son, daughter and includes father, mother, grandson solely dependent on the landlord for maintenance: Provided that in the case of married daughter, her husband shall not be entitled to claim any benefit under section 5, if his wife has already got the said benefit thereunder and in case her husband has already got the said benefit, the married daughter shall not be entitled to claim the same.
     • (ii) in relation to a landlord who is a joint Hindu family, the members of such a family;
     • (iii) in relation to joint owners other than a Joint Hindu family, the members of the family as indicated in sub-clause
     • (i) in relation to each of such joint owners;
   • (m) “owner of a lodging House” means a person who for the time being is receiving, or is entitled to receive, whether on his own account, or on account of, or on behalf of, or for the benefit of, himself or any other person or as an agent or guardian, receiver or a trustee or any other person, any monetary consideration from any person on account of board, lodging or other services provided in the lodging house;
   • (n) “prescribed” means prescribed by rules made under this Act;
   • (o) “Rent Tribunal” means the Rent Tribunal constituted under sub-section
4. (1) of section 41;
   • (p) “tenant” means any person by whom or on whose account or behalf the rent of any building is, or but for special contract would be, payable and includes [in the event of his death the surviving spouse, or any son, or unmarried daughter or father or mother who had been living with him as a member of his family upto the date of his death and] a sub-tenant and also any person continuing in possession after the termination of his tenancy, but shall not include any person against whom any order, or decree for eviction has been made.

Act not to apply to certain buildings.—

1. (1) Nothing in this Act shall apply—
   • (a) to any building belonging to the Government, or a State Housing Board, or a local authority, or Industrial Development Corporation;
   • (b) to any building vested in the Custodian of Evacuee Property;
   • (c) to any newly constructed building for a period of “fifteen” years from the date of its completion;
   • (cc) to any building let out or leased for the first time on or after 20-4-1994, whose monthly rent exceeds—
   • (a) Rs. 2,500/- if such building is used for residential purpose;
   • (b) Rs. 5,000/- if such building is used for commercial purpose”.
   • (d) as against the Government to any tenancy or other like relationship created by a grant from the Government in respect of a building, the possession of which has been taken over under Section 6.
2. (2) Where the Administrator is of the opinion that it is necessary or expedient in the public interest so to do, he may, by notification in the Official Gazette, and subject to such conditions, if any, as he may specify in the notification, exempt any building or class of building from all or any of the provisions of this Act.