Schedule

Form of summons in a case where recovery of possession of building is prayed for under Sub-section (3A) of section 23A (Name, description and place of residence of the tenant). Whereas Shri ... has filed an application (a copy of which is annexed) for your eviction from ... (here insert the particulars of the building) under sub-section (3A) of the Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968. Now, therefore, you are hereby summoned to appear before the Controller within fifteen days of the service thereof and to obtain the leave of the Controller to contest the application for eviction under sub-section (3A) of the said Act, in default whereof, the applicant will be entitled at any time after the expiry of the said period of fifteen days to obtain an order for your eviction from the said residential building. Leave to appear and contest the application may be obtained on an application to the Controller supported by an affidavit as is referred to in clause (f) of sub-section (3A) of section 23A of the said Act. Given under my hand and seal this ... day of ... 19 ... [controller] Secretariat, R. L. Segel, Panaji, Secretary to the Government of Goa, 11th March, 1969. Law Department (Legal Affairs). 1. The words ―Daman and Diu‖ omitted by the Amendment Act 2013. 2. These words and figures have been substituted for the words and figures ―Act 15 of 1968‖ by Corrigendum No. LD/2A/2/N-21-69 dated 2-7-1969. (Official Gazette, Series I No. 15 dated 10-7-1969) 3. The words ―Union Territory of Goa, Daman and Diu” substituted by the Amendment Act 2013. 4. The words ―Daman and Diu‖ omitted by the Amendment Act 2013. The Act has been extended w.e.f. 23-12-1980, Notification No. RD/BLDG/77/69-II dated 23-12-1980 and No. 10/6/87-RD dated 1-6-1988. 7. Substituted in place of expression ―Administrator‖ by the Amendment Act 2013 5. The words ―and to Daman (Nani and Moti) in the Union Territory of Goa, Daman and Diu but the Administrator‖ substitute by the Amendment Act 2013. 6. The words ―Union Territory‖ substituted by the amendment Act 2013. The Act has been enforced w.e.f. 30-9-1969 – Notification Nos. RD/BLDG/77/69-III, RD/BLDG/77/69-IV dated 30-9-1969 and 10-6-87-RD dated 22-2-1988. 8. Clauses (a) and (b) omitted by the Amendment Act 2013. Original clauses read as follows : (a) “Administrative Tribunal” means the Administrative Tribunal constituted under the Goa, Daman and Diu Administrative Tribunal Act, 1965;(b) “Administrator” means the administrator of the Union Territory of Goa, Daman and Diu appointed by the 2013. Vide Notification No. RD/BLDG/77/69-VI dt. 30-9-1969. President under article 239 of the Constitution;” 9. Re-numbered by the amendment Act 2013. 10. Re-numbered by the amendment Act 2013. 11. Re-numbered by the amendment Act 12. Re-numbered by the amendment Act 2013. 13. Re-numbered by the amendment Act 2013. 14. Re-numbered by the amendment Act 2013. 15. Inserted by the Amendment Act 2013. 16. Re-numbered by the amendment Act 2013. 17. Re-numbered by the amendment Act 2013 . 18. Re-numbered by the amendment Act 2013. 19. Re-numbered by the amendment Act 2013. 20. Substituted by Amendment Act No. 8 of 1987 published in the Official Gazette, Series I No. 39 dated 24-12-1987. 21. Re-numbered by the amendment Act 2013. 22. Re-numbered by the amendment Act 2013. 23. Re-numbered by the amendment Act 2013. 24. Re-numbered by the amendment Act 2013. 25. Inserted vide Amendment Act 7 of 1978 26. In place of word ―Four‖ the word ―fifteen‖ is substituted by Amendment Act 8 of 1994 published in the Official Gazette, Series I No. 5 dated 5-5-1994 and came into force at once. This clause was initially inserted by Amendment Act 8 of 1994, published in the Official Gazette; Series I No. 5 dated 5-5- 1994 and came into force at once. Original clause read as follow: ―(cc) to any building, whose monthly rent exceeds– (a) rupees two thousand and five hundred if such building is used for residential purposes; (b) rupees five thousand if such building is used for commercial purposes‖. However vide Amendment Act 24 of 1997, published in the Official Gazette, Sr. I No. 27 dated 3-10-1997 present clause is substituted, which came into force at once. 30. In place of word seven and half percent the word twelve percent substituted by Amendment Act 8 of 1994, published in the Official Gazette, Series I No. 5 dated 5-5-1994 and came into force at once. 31. The words ―the 1 st day of January, 1965, or‖ were omitted vide Amendment Act No.17 of 2003, published in the Official Gazette, Series I No.10 dated 9 th June, 2003. 32. The words ―whichever is later‖ were omitted vide Amendment Act No. 17 of 2003, published in the Official Gazette, Series I No.10 dated 9 th June 2003. 33. Proviso is substituted by Amendment Act No. 17 of 2003, published in the Official Gazette, Series I No.10 dated 9 th June, 2003. Original proviso read as follows: - ―Provided that where the building has been let out for the first time previous to the 1st day of January, 1965, the fair rent shall not exceed the rent payable in respect of such building on that date.‖ 34. In place of word ―seven and half percent‖ the words ―twelve percent‖ substituted by Amendment Act 8 of 1994, published in the Official Gazette, Series I No. 5 dated 5-5-1994 and came into force at once. came into force w.e.f. 11-4-1992. 36. Proviso substituted by the Amendment Act 2013. Original proviso read as follows ―.Provided that where the tenant denies the title of the landlord or claims a right of permanent tenancy, the Controller shall decide whether the denial or claim is bonafide and if he records a finding to that effect, the landlord shall be entitled to sue for eviction of the tenant in a civil court and the court may pass a decree for eviction on any of the grounds mentioned in this as follows: ―(a) That the tenant is in arrears in payment of rent due by him in respect of the building for a total period of three months; or‖. 38. By the Amendment Act (No. 12 of 1992) the words ―in place where such dwelling house is situated‖ were inserted. However by the Amendment Act No. 4 of 2006, published in the Official Gazette, Series I No. 51 dated 23 rd March, 2006 above expression is substituted; this Amendment came into force w.e.f. date of publication. 39. Proviso omitted vide Amendment Act 11 of 1976. (Official Gazette, Series I No. 9 dated 27-5-1976).The omitted proviso reads as follows: ―Provided that in any case falling under clause (a), if the controller is satisfied that the tenants’ default to pay or tender rent was not without reasonable cause, he may, not withstanding anything contained in section 32, give the tenant a reasonable time, not exceeding thirty days, to pay or tender the rent due by him to the landlord upto the date of such payment or tender the application shall be rejected”. 40. Sub-section (3) and (4) added vide Amendment Act 11 of 1976 Official Gazette, Series I No. 9 dated 27-5-1976). 41. expression have been substituted for the words ―this clause‖ by the G.D.D. 5 of 1979 S. 2 (Official Gazette, Series I No. 12, dated 21-6-1979). 42. Proviso inserted by Amendment Act No. 11 of 1988 published in the Official Gazette, Sr. I No. 8 dated 27-5-1988. 43. Section 23-A inserted by G.D.D. 5 of 1979 S. 3 (Official Gazette, Series I, No. 12 dated 21-6-1979). was substituted by Amendment Act (No. 8 of 1987) and 20 of 1988 . The original sub-section (3) reads as follows : 27. Substituted in place of expression ―Administrator‖ by the Amendment Act 2013 28. Substituted in place of expression ―Administrator‖ by the Amendment Act 2013 29. Substituted in place of expression ―Administrator‖ by the Amendment Act 2013 35. Inserted by Amendment Act (No. 12 of 1992) published in the Official Gazette; Series I No. 25 dated 22-9-1992 and 37. Substituted by G.D.D. 11 of 1976 S. 2 (Official Gazette, Series I No. 9 dated 27-5-1976). The Original clause (a) reads 44. Substituted by Amendment Act (No. 8 of 1994) published in the Official Gazette, Sr I No. 5 dated 5-5-1994. Earlier it (3) Notwithstanding anything contained in this Act— (a) a landlord, who is a member of the armed forces of the Union or who was such member and is duly retired (which term shall include premature retirement) shall be entitled to recover possession of any premises on the grounds that the premises are bonafide required by him for occupation by himself or any member of his family (which term shall include a parent or other relation ordinarily residing with him and dependent on him) and the Controller shall pass an order for eviction on such ground if the landlord, at the hearing of the suit, produces a certificate signed by the Head of his Services or his Commanding Officer to the effect that— i) he is presently a member of the armed forces of the Union or he was such member and is now retired ex- serviceman; ii) he does not possess any other suitable residence in the local area where he or the members of his family can reside; (b) Where a member of the armed forces of the Union dies while in service or such member is duly retired as stated above and dies within five years of his retirement, his widow, who is or becomes a landlord of any premises, shall be entitled to recover possession of such premises, on the ground that the premises are bonafide required by her for occupation by herself, or any member of her family (which term shall include her husband’s parent or other relation ordinarily residing with her) and the Controller shall pass an order for eviction on such ground, if such widow, at the hearing of the suit, produces a certificate signed by the Area or Sub-Area Commander within whose jurisdiction the premises are situated to the effect that— (i) She is a widow of a deceased member of the armed forces as aforesaid; (ii) she does not possesses any other suitable residence in the local area where she or the member of her family can reside. Explanation 1.— For the purposes of this section any certificate granted thereunder shall be conclusive evidence of the facts stated therein. Explanation 2.— For the purpose of clause (a) of this section the expression “the Head of his Services” in the case of officers retired from the Indian Navy includes the Flag Officer Commanding-in-Chief, Western Naval Command and in the case of officers retired from the Indian Air Force includes the Station Commander”. 45. Sub-section 3A inserted by Amendment Act (No. 20 of 1988) published in the Official Gazette, Series I No. 27 dated 6- 10-1988. 46. Inserted by the Amendment Act, 2009 (Act 11 of 2009) [4-6-2009] published in the Official Gazette, Series I No. 13 dated 25-6-2009 and came into force at once. 47. Inserted by the Amendment Act 14 of 2013. 48. In place of words ―Any landlord‖ present words are substituted by Amendment Act (No. 20 of 1988) published in the Official Gazette, Series I No. 27 dated 6-10-1988. 49. Vide Notification No. 10/4/85-RD dated 2-12-1985 in Appendix at page ... 50. Substituted in place of expression ―Administrator‖ by the Amendment Act 2013 51. Substituted in place of expression ―Administrator‖ by the Amendment Act 2013 52. Sub-section (2) substituted by Amendment Act (No. 3 of 1992) published in the Official Gazette, Series I No. 45 dated 6-2-1992 which came into force on the day of publication in the Gazette. The original sub-section (2) reads as follows : ―(2) No order for recovery of possession under this section shall be passed, unless the landlord gives an undertaking that the building on completion of the repairs, alterations or additions, or the new building on its completion, will be offered to the tenant who delivered possession in pursuance of an order under sub-section (1) for his re-occupation before the expiry of such period as may be specified by the Controller in this behalf.‖ 53. Provisions of this chapter have been enforced w.e.f. 1-10-1969. See ―Appendix, Pg ... 54. Substituted in place of expression ―Administrator‖ by the Amendment Act 2013 Substituted in place of expression 55. Substituted in place of expression ―Administrator‖ by the Amendment Act 2013 ―Administrator‖ by the Amendment Act 2013 56. Vide ―Appendix‖ (Notification No. RD/BLDG/77-69-V, dated 30-9-1969). Pg. 57. Proviso omitted vide Amendment Act 14 of 2013 which read as follows : “Provided that the Administrator may, by notification in the Official Gazette, entrust the powers, functions of duties of an Appellate Board to the Administrative 59. Substituted in place of expression ―Administrator‖ by the Amendment Act 2013 58. Tribunal.” 60. Substituted in place of expression ―Administrator‖ by the Amendment Act 2013 61. Section 45 substituted by the Amendment Act 14 of 2013. Original provision read as follow ―45. Appeal.— (1) From every order, other than an interim order, passed by the Rent Tribunal, an appeal shall lie to the Appellate Board. (2) From every order, other than an interim order, passed by the Authorised Officer under Section 31, or by the Controller an appeal shall lie to the Administrative Tribunal. (3) An appeal under this section shall be preferred within thirty days from the date of the order appealed against: Provided that the Appellate Board or, as the case may be, the Administrative Tribunal, may entertain the appeal after the expiry of the said period of thirty days, if it is satisfied that the applicant was prevented by sufficient cause from filing the appeal in time”― Substituted in `place of expression ―Administrator‖ by the Amendment Act 2013 62. Substituted in place of expression ―Administrator‖ by the Amendment Act 2013 63. Substituted vide Amendment Act 14 of 2013 in place of expression ―Appellate Board, and Administrative 64. Substituted in place of expression ―Administrator‖ by the Amendment Act 2013 Tribunal” 65. The words ― Daman and Diu" omitted by amendment Act 2013 66. Schedule added by Amendment Act No. 20 of 1988, published in the Official Gazette, Series I No. 27 dated 6-10-1988. 67. Section substituted by the amendment Act 14 of 2013 original read as followed: 46. Revision.— (1) The Administrative Tribunal may, in exceptional circumstances, on the application of any party, call for and examine the records relating to any order passed under this Act by the Authorised Officer, the Controller, the Rent Tribunal, or the Appellate Board for the purpose of satisfying itself as to the correctness, legality, or propriety of such order and may pass such order thereon as it thinks fit: 69. Inserted by the Amendment Act 14 of 2013 68. Provided that no such record shall be called for after the expiry of ninety days from the date of the order. 70. Inserted by Amendment Act. 5 of 1979. 71. Substituted by Amendment Act 14 of 2013 in place of expression “ the Administrative tribunal or the Administrator” periodof three months; or”.