Chapter VI Chapter VI

Miscellaneous

An order made under this Act by the Board or the Administrative Tribunal, shall be executable by it as a decree of a civil court and for this purpose it shall have the powers of a civil court.

No court shall entertain—

1. (a) any suit, appeal or application for revision—
   • (i) to question the validity of any procedure or the legality of any order passed under this Act; or
   • (ii) to recover any debt deemed to have been duly discharged under the provisions of this Act;
2. (b) any application to execute a decree passed by a court against a debtor;
3. (c) any suit for declaration, or any suit or application for injunction effecting any proceedings under this Act before a Board or Administrative Tribunal.

Whoever molests, or abets the molestation of, a debtor for the recovery of a debt by him to a creditor shall, on conviction, be punishable with imprisonment of either description, which may extend to one year or with fine which may extend to two thousand rupees or with both. Explanation.— For the purposes of this section, a person who—

1. (a) uses violence to or intimidates a debtor, or
2. (b) obstructs or persistently follows a debtor from place to place or interferes with any property owned or used by him or deprives him of or hinders him in the use thereof, or
3. (c) loiters near a house or other place where a debtor resides or works for gain, or carries on business or happens to be, or does any act calculated to annoy or intimidate a debtor shall be deemed to molest a debtor.

Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), offences punishable under this Act or any rule made thereunder shall be cognizable.

No suit, prosecution or other legal proceeding shall lie against the Government, any officer of Government, any member of the Board or Administrative Tribunal for anything which is in good faith done or intended to be done in accordance with the provisions of this Act or any rule made thereunder.

In any proceedings under this Act, any party may be represented by an agent authorised in writing or, with the permission of the Board or Administrative Tribunal, by a legal practitioner.

A debtor shall not be liable to pay interest upon any debt for the period during which proceedings are stayed under this Act.

1. (1) The Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
2. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for—
   • (a) the matters referred to in clause (g) of section 9;
   • (b) the time within which and the form in which applications shall be made to the Board and the manner in which such applications shall be signed and verified under section 10;
   • (c) the form of the statements to be submitted by the debtor and creditors under that section;
   • (d) the fees payable on applications and appeals;
   • (e) the registers to be maintained by the Board;
   • (f) any other matter which has to be or may be prescribed.
3. (3) Every rule made under this Act shall, immediately after it is made, be laid before the Legislative Assembly of Goa, Daman and Diu if it is in session and if it is not in session, in the session immediately following, for a total period of fourteen days which may be comprised in one session or two successive sessions, and if before the expiration of the session in which it is so laid or the session immediately following, the Assembly agrees in making any modification in the rule or in the annulment of the rule, the rule shall thereafter have effect only in such modified form or shall stand annulled, 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.

The Goa, Daman and Diu Agricultural Indebtedness (Temporary Relief) Act, 1976 (9 of 1976) is hereby repealed.

Secretary, U. D. SHARMA, Panaji, Secretary to the Government of Goa, Daman and Diu, Dated: 11 th August, 1981. Law Department (Legal Advice).

1. The words “Daman and Diu” omitted vide Goa Act 20 of 2021.