Chapter IX Chapter IX

Miscellaneous

Orders under this Act to be binding on sub-tenants.— Any order for the eviction of a tenant passed under this Act shall be binding on all sub-tenants under such tenant, whether they were parties to the proceedings or not and whether they became sub-tenants before or after the date of the application for eviction, provided that such order was not obtained by fraud or collusion: Provided that notwithstanding anything to the contrary contained in this Act, in case of a sub-tenancy of a building created with the written consent of the landlord, the sub-tenant shall be a necessary party to an application by the landlord for eviction of the tenant from the building.

Proceedings by or against legal representatives.—

1. (1) Any application made, appeal preferred or proceeding taken, under this Act by or against any person, may, in the event of his death, be continued by or against his legal representatives.
2. (2) Where any application, appeal or other proceedings could have been made, preferred or taken, under this Act, by or against any person, such application, appeal or other proceedings may, in the event of his death, be made, preferred or taken by or against his legal representatives.

Power of inspection.— The Authorised Officer and any original, appellate or revisional authority under this Act or any person authorised in writing by him or by such authority in this behalf, may enter and inspect any building for the purposes of any inquiry or proceeding under this Act.

Penalties.—

1. (1) If any person contravenes the provisions of section 15 or section 16, he shall be punishable with a simple imprisonment for a term which may extend to two years and a fine which may extend to a sum double the extra amount or the like amount claimed, received or stipulated in addition to or in excess of the fair rent or the agreed rent.
2. (2) Any person who contravenes or attempts to contravene or abets the contravention of any of the provisions other than section 15 or section 16 of this Act, or any rule made thereunder shall be punishable with fine which may extend to five thousand rupees.
3. (3) Where a person committing an offence under this Act is a company, or other body corporate, or an association of persons (whether incorporated or not), every Director, Manager, Secretary, Agent or other Officer or person concerned with the management thereof shall unless he proves that the offence was committed without his knowledge or consent, be deemed to be guilty of such offence.

Protection for acts done under this Act.—

1. (1) No suit, prosecution or other legal proceeding shall lie in any court against any officer or servant of the Government or any person acting under his direction or aiding or assisting him, for anything which is in good faith done or intended to be done in pursuance of or under this Act.
2. (2) No suit or other legal proceeding shall lie against the Government for, or on account of, or in respect of, any act, matter or thing whatsoever, purporting to have been done in pursuance of or under this Act.

Jurisdiction of courts barred.— Save as provided in this Act, no court shall have jurisdiction to settle, determine or deal with any question which is by or under this Act required to be settled, determined or dealt with by the Controller, the Rent Tribunal, the Appellate Board, the Administrative Tribunal, or the Administrator, and no order passed by any such authorities under this Act shall be called in question in any court.

Power to remove difficulty.— If any difficulty arises in giving effect to the provisions of this Act, the Administrator may, by order, do anything not inconsistent with the provisions of this Act, which appear to him to be necessary or expedient for the purpose of removing the difficulty:

Power to make rules Power to make rules.—

1. (1) The Administrator may, by notification in the Official Gazette and subject to the conditions of previous publication, make rules to carry out the purposes of this Act.
2. (2) Without prejudice to the generality of the fore-going power such rules may provide for:—
   • (a) the procedure to be followed and the powers that may be exercised by the Controller, Rent Tribunal, Appellate Board, and Administrative Tribunal in the performance of their functions under this Act;
   • (b) the manner in which notices and orders under this Act shall be given or served;
   • (c) the setting aside of ex-parte orders passed under this Act;
   • (d) the application for bringing on record legal representatives of deceased persons who were parties to proceedings under this Act and the time within which such application shall be preferred;
   • (e) the procedure to be followed in taking possession of building and in disposing of the articles found therein at the time of taking possession;
   • (f) the fee leviable in respect of applications and appeals under this Act;
   • (g) any other matters which has to be, or may be, prescribed.
3. (3) In making a rule under this section the Administrator may provide that a person who contravenes any of the provisions thereof shall be punishable with fine which may extend to one thousand rupees.
4. (4) Every rule made under this Act shall, as soon as may be after it is made, be laid on the table of the Legislative Assembly of Goa, Daman and Diu and if before the expiry of the session in which it is so laid or the session immediately following, the Assembly makes any modification in the rule or decides that the rule should not be made, the rule shall thereafter 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 under that rule.

Repeals and savings.—

1. (1) As from the date on which this Act is brought into force in any local area, the provisions of Decree No. 43525, dated the 7th March, 1961, and Legislative Diploma No. 1409, dated the 14th February, 1952 and the corresponding provisions of any other law for the time being in force shall stand repealed in that area.
2. (2) Notwithstanding the repeal of the laws by sub-section (1), all suits and other proceedings under a repealed law pending at the commencement of this Act before any court or authority shall be continued and disposed of in accordance with the provisions of the repealed law as if that law had continued in force and this Act had not been passed: Provided that in any such suit or proceeding for the fixation of fair rent or for the eviction of a tenant from any building, the court or other authority shall have regard to the provisions of this Act: Provided further that the provisions for appeal under the repealed law shall continue in force in respect of suits and proceedings disposed of thereunder.