Insertion of new articles

Insertion of new articles.— After article 339 of the principal Code, the following articles shall be inserted, namely:— "Art. 339-A— The Comunidade which is financially insecure may entrust the work of development of land, to any private agency, by public auction and/or by inviting bids subject to the approval of the Government so that it can grant sub-divided plots of land as per the provisions of this Code.

Article 339-B— The immovable

properties belonging to and vesting in the Administrator of Comunidades in the North, Central and South Zones shall be considered as deemed to be covered by the provisions of the Goa Public Premises (Eviction of Unauthorised Occupants) Act, 1988 (Goa Act No. 22 of 1988) and shall be considered as public premises within the said Act for the purposes of the said Act.”.

1. Short title and commencement Short title and commencement.—

1. (1) This Act may be called the Goa Legislative Diploma No. 2070 dated 15-4-1961 (Amendment) Act, 2023.
2. (2) It shall come into force at once. 2. Amendment of article 30 Amendment of article 30.— In article 30 of the Goa Legislative Diploma No. 2070 dated 15-4-1961 (hereinafter referred to as the “principal Code”), in clause (4),—
   • (i) for clause (g), the following clause shall be substituted, namely:— “(g) Institution of civil suit or other legal proceedings;”;
   • (ii) after clause (g), the following clause shall be inserted, namely:— “(gg) admissions, withdrawal or compromise of any civil suit or other legal proceedings;”. 3. Amendment of article 31 Amendment of article 31.— In article 31 of the principal Code, for the expression “(h) to (j)”, the expression “(gg) to (j)” shall be substituted. 4. Amendment of article 153 Amendment of article 153.— In article 153 of the principal Code, after clause 9, the following clause shall be inserted, namely:— “9A. Grant approval to the Comunidades to withdraw, admit or compromise any legal proceedings;”. 5. Amendment of article 350 Amendment of article 350.— In article 350 of the principal Code, the following proviso shall be inserted, namely:— “ Provided that before making such request for permission to withdraw, admit or compromise any suit or other legal proceedings, the comunidade shall obtain approval of the Government.”. 6. Amendment of article 380 Amendment of article 380.— In article 380 of the principal Code, in clause 2, for the words “approval of the Administrative Tribunal”, the words “approval of the Government and permission of the Administrative Tribunal” shall be substituted. 1. Short title and commencement Short title and commencement.—
3. (1) This Act may be called the Goa Legislative Diploma No. 2070 dated 15-4-1961 (Amendment) Act, 2024.
4. (2) It shall come into force on such date, as the Government may, by notification in the Official Gazette, appoint. 2. Amendment of article 30 Amendment of article 30.— In article 30 of the Legislative Diploma No. 2070 dated 15-4-1961 (hereinafter referred to as the “principal Code”), in clause
5. (4) after sub-clause
   • (gg) the following sub-clause shall be inserted, namely:— “(ggg) granting no objection certificate for access to any plot of land or license to use any land belonging to the Comunidade for any commercial event.”. 3. Insertion of new article Insertion of new article 41-A.— After article 41 of the principal Code, the following article shall be inserted, namely:—

“Art. 41-A— In case,—

1. (a) any component has filed or files a legal proceeding to claim any right in land of, or ownership of which is claimed by, the Comunidade; or
2. (b) a Comunidade has filed a legal proceeding against any component for encroachment done, or illegal construction carried out, by him on the land of Comunidade or for right of title to land claimed by the Comunidade and such component has been declared by an order of any legal forum to have encroached upon land of a Comunidade or carried out any illegal construction on Comunidade land,—
   • (i) a component referred at
3. (a) above shall not be eligible to contest election to any post in the managing committee of such Comunidade and in case he is holding any post in the managing committee, he shall cease to be member and from the date of filing of such legal proceeding he shall be deemed to have vacated his office.
   • (ii) a component referred at
4. (b) above shall be permanently barred from contesting election to, or holding, any post in the managing committee of any Comunidade. If such component is holding any post in the managing committee, from the date of such order he shall, cease to be a member and, deemed to have vacated his office. Any stay order or interim relief in pending appeal or revision or writ petition, in respect of the issue of ownership of land or encroachment or illegal construction, as the case may be, as referred above that may be obtained by the component, shall not entitle him to contest the election to the managing committee of any Comunidade.”. 4. Insertion of new article "Art. 181-A.—

1. (1) Notwithstanding anything contained in this code, in the event a Comunidade is unable to hold election of the members of managing committee within the time limit specified in article 47 due to non-constitution and non-deliberation of the Comunidade as per the provisions of article 34, the administrator shall after holding such inquiry as he deems fit declare such Comunidade as ‘comunidade in default’ by issuing an order upon expiry of 60 days from the date of such time limit as specified in article 47.
2. (2) The Order issued under clause
3. (1) shall be intimated to the concerned Comunidade and also be published immediately in the Official Gazette within 15 days of its issuance and Administrator shall immediately submit a copy of the Order to the Government. Cost of publication in the Official Gazette shall be paid out of funds of concerned Comunidade.
4. (3) If any component of such Comunidade is aggrieved by such order then he may file an appeal to the Government within 30 days from the date of publication of such order in the Official Gazette.
5. (4) The Government shall, after hearing appellant and the administrator, decide the appeal as expeditiously as possible and within 60 days from the date of presentation of such appeal and the decision of the Government thereon shall be final.
6. (5) Upon issuance of the Order of the administrator under clause (1), and subject to decision of the Government under clause
7. (4) in appeal, if any, the Government shall appoint an officer of the rank of Mamlatdar/ /Jt. Mamlatdar to be a custodian for the concerned Comunidade for the respective triennium.
8. (6) The custodian appointed under clause
9. (5) shall exercise all powers and discharge all functions and duties of the managing committee of such Comunidade under the Code.
10. (7) Against any decision of the custodian appointed under clause (5), a component of such Comunidade may prefer an appeal to the respective administrator as if such decision is of a managing committee and all the provisions as applicable to such appeals shall apply to appeals under this clause.
11. (8) Any decision relating to any matter which need to be brought before the Government for prior approval in terms of article 31, shall be applicable to every such decision of the custodian.
12. (9) Notwithstanding anything contained in this Code, the Government shall have power to, either suo moto or otherwise, review a decision of the custodian, or the decision of the administrator in appeal against a decision of the custodian under clause (7): Provided that if the Government exercises such suo moto power, the administrator shall not consider any issue arising out of such decision of the Custodian which the Government, is seized of or has decided: Provided further that no such suo moto power shall be exercised after a period of one year from the date of such decision which is sought to be reviewed.”. 5. Insertion of new Chapter IVA "CHAPTER IV A Grant of Licence Art. 316-A— A Comunidade may grant licence to use its land or any portion thereof for commercial event upon an application made by any person in the prescribed form to the administrator and upon payment of non-refundable processing fee to the administrator as prescribed and licence fees as decided by the concerned Communidade. Explanation.— Commercial event shall mean any event for which admission/entry fees are charged or levied. The mere fact that free passes are also provided it shall not make such event a non-commercial event. Art. 316-B— Any request for grant of licence under article 316-A shall be decided by the managing committee of the Comunidade. Art. 316-C— After receipt of application under article 316-A the administrator shall carry out preliminary examination of such application and within 48 hours of its receipt, he shall forward such application with its annexures to the concerned Comunidade. Art. 316-D— Upon receipt of the application, the managing committee shall call for a Special General Assembly/General Body Meeting to be held within 30 days from the date of receipt of the application from the administrator and place the application before the General Assembly/ /General Body for appropriate decision. Art. 316-E— In the event the General Assembly/General Body decides in favour of the request, the managing committee shall immediately within seventy-two hours, inform the concerned administrator of such decision by enclosing copy of the minutes of the meeting and Resolution of the General Assembly/General Body by clearly specifying therein the licence fees to be payable to the Communidade. Art. 316-F— Upon receipt of the intimation under article 316-E, the administrator shall peruse the resolution and make a report and forward the same to the Government within four days from the receipt of such intimation. Art. 316-G— Upon receipt of the report of the administrator under article 316-F, the Government shall consider the resolution of the General Assembly/General Body of the Comunidade and the report of the administrator and by taking into account the interest of the Comunidade and such other matters as deemed fit, may approve the request for grant of licence to use land belonging to Communidade or any portion thereof for commercial event. Art. 316-H— The grant, if any, made under this Chapter, shall be on payment of licence fees not below the rate as prescribed by the Government. Art. 316-I— No communication granting the license shall be issued by the Comunidade, unless the applicant produces a copy of the receipt of the payment of the license fee in favour of the Comunidade and also of the administrative fee @20% in favour of the concerned Administrator of Comunidades”. 6. Amendment of article Amendment of article 334-C.— In article 334-C of the principal code,—
    • (i) the existing provision shall be numbered as clause (1);
    • (ii) after clause
13. (1) so numbered, the following clause shall be inserted, namely:— “(2) The procedure to be followed for grant of land under clause
14. (1) shall be such as prescribed by the Government.
15. (3) The land granted on long lease under clause
16. (1) shall be deemed to be land granted as emphyteusis under this Code.”. 7. Insertion of new article Insertion of new article 334-D.— After article 334-C of the principal Code, the following article shall be inserted, namely:— “334-D—If a grant has been made of any Comunidade land to any religious

institution, whether a Mazania of a temple

or a temple or Fabrica of a Church or a Church, or any religious trust, without payment of any foro and such land is held legally by such grantee for more than fifty years, then such land shall stand vested in such grantee absolutely and without any encumbrance and the Comunidade shall be divested of its rights in or upon the said land.”.

1. Short title and commencement Short title and commencement.—

1. (1) This Act may be called the Goa Legislative Diploma No. 2070 dated 15-4-1961 (Amendment) Act, 2025.
2. (2) It shall come into force at once. 2. Insertion of new article Insertion of new article 31-A.— After article 31 of the Legislative Diploma No. 2070 dated 15-4-1961, the following article shall be inserted, namely:— “Article 31-A.—
3. (1) Notwithstanding anything contained in this Code, the Goa Town and Country Planning Act, 1974 (Goa Act 21 of 1975), the Goa (Regulation of Land Development and Building Construction) Act, 2008 (Goa Act 6 of 2008), the Goa Land Development and Building Construction Regulations, 2010, the Goa Municipalities Act, 1968 (Goa Act 7 of 1969), the Goa Panchayat Raj Act, 1994 (Goa Act 14 of 1994), the City of Panaji Corporation Act, 2002 (Goa Act 1 of 2003) or any other relevant law for the time being in force, any land belonging to the Comunidade if granted for certain purpose either by way of sale or lease or emphyteusis or leave and license, shall not be used for any other purpose except for the purpose for which the land was so granted.
4. (2) If any such land granted by the Comunidade for certain purpose/use is put to any use other than for which it was granted, such land shall be reverted back to the concerned Comunidade in the manner hereinafter specified.
5. (3) The Administrator of Comunidade after ascertaining the position thereof issue a show cause notice, to the grantee/allottee and/or any other person found to be in possession of such land. The Administrator of Comunidade shall after considering the reply filed by the grantee/ allottee and such person to the show cause notice and after hearing oral arguments, if any, pass an order of reversion of such land in favour of the Comunidade with approval of the Government.
6. (4) The Administrator of Comunidade, during the pendency of the proceedings before it shall pass an order restraining the change of use of such land for any purpose other than the purpose for which the land was so granted. On passing such order by the Administrator of Comunidade, no authority including Town and Country Planning Department, Planning and Development Authority, Municipal Council, Village Panchayat or City of Panaji Corporation shall issue any permission/clearance/approval/No Objection Certificate for such land.”. 3. Repeal and Savings Repeal and Savings. -
7. (1) The Goa Legislative Diploma No. 2070 dated 15-4-1961 (Amendment) Ordinance, 2024 (Ordinance No 5 of 2024) is hereby repealed.
8. (2) Notwithstanding such repeal, 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.