Chapter XXIV Chapter XXIV

(1) When any notice is required by or under this Act to be served upon, issued or presented to, any person, such service, issue or presentation shall, in all cases not otherwise provided for in this Act, be effected— (a) by giving or tendering the notice to the person to whom it is addressed; or (b) if such person is not found, by giving or tendering it to some adult member or servant of his family found at his usual place of residence or at his last known place of abode; (c) If none of the means aforesaid be available, or if the person to whom such notice is given or tendered refuses to accept it, then by causing the notice to be affixed on some conspicuous part of the building or land, if any, to which the notice relates. (2) When any notice under this Act is required or permitted by or under this Act to be served upon, issued or presented to, an owner or occupier of any building or land,— (i) it shall not be necessary to name the owner or occupier in such notice, (ii) if there be more owners or occupiers than one, such notice may be served upon or issued or presented to any one of them. (3) Whenever it is provided by or under this Act, that any notice may be served upon, issued or presented to, the owner or occupier of any land or building, and the owner and occupier are different persons, such notice, shall be served upon, issued or presented to, the one of them primarily liable, to comply with such notice, and in case of doubt, to both of them: Provided that, in any such case, if there is no owner resident within the municipal area, the delivery of such notice to the occupier shall be sufficient. (4) The provisions of sub-sections (1), (2) and (3) shall mutatis mutandis apply to any bill, requisition, order or summons or such other document to be served, issued or presented by or under this Act. (5) Notwithstanding anything contained in sub-section (1), in the case of ‘A’ or ‘B’ Class Councils, a bill for any municipal tax may be served upon the person liable therefor by sending it by post with a pre-paid letter under a certificate of posting, addressed to such person at his last known place of abode or place of business in the municipal area, and every bill so sent shall be deemed to have been served on the day following the day on which such letter was posted, and, in proving such service, it shall be sufficient to prove that the letter was properly addressed and posted under a certificate of posting.

Every general or public notice which by or under this Act, a Council or any municipal authority or officer is required or empowered to publish shall, in addition to any other procedure for its publication laid down by or under this Act, be published by putting up such notice on the municipal notice board. (2) Such a general or public notice may also be published in addition in any of the following manners:— (a) by putting up such notice at such prominent places within the municipal area or if such notice pertains to any locality in the municipal area only, then at such prominent places within that locality as the Council may from time to time select; (b) by publishing such notice in such newspapers circulating within the municipal area as the Council may from time to time approve;

Where any notice, order or requisition under this Act requires any act to be done for which no time is fixed by or under this Act, such requisition shall fix a reasonable time for doing the same.

(1) Where by or under this Act, any person is required to execute any work or do anything and default is made in the execution of such work or the doing of such thing, the Council, whether any penalty is or is not provided for such default, may cause, such work to be executed; and the expenses thereby incurred shall, unless otherwise expressly provided in this Act, be paid to the Council by the person by whom such work ought to have been executed, and shall be recoverable in the same manner as an amount claimed on account of a property tax, either in one sum or by instalments, as the Council may deem fit: Provided that,— (a) except as otherwise provided by or under this Act, a notice shall be issued to such person requiring him to execute such work or to do such thing; (b) where any drainage scheme or water works scheme has been commenced by any Council, it shall be lawful for the Council, without prejudice to its powers under section 195 or any other provision of this Act, to make a special agreement with the owner of any building or land as to the manner in which the drainage or water connection thereof shall be carried out, and the pecuniary or other assistance, if any, which the Council shall render; and any payment agreed upon by the owner shall be recovered in accordance with the terms of such agreement or in default, in the manner described in sub-sections (2) and (3); (c) where an order or requisition has been passed under sub-section (1) of section 170, section 178, sub-section (4) or (12) of section 184 or under section 195, 197, 202 or 203 or where permission has been given under section 199 or where an arrangement has been made under proviso (b) of this sub-section, the Council may, without prejudice to any other powers under this Act, if it thinks fit, declare any expenses incurred by the Council in the execution of such order or in the carrying out of such requisition, permission or arrangement to be improvement expenses. Improvement expenses shall be a charge upon the premises or land, and shall be levied in such instalments as the Council may decide, including interest at the rate of seven and a half per cent, per annum, and shall be recoverable in the manner described in sub-sections (2) and (3). (2) If the defaulter be the owner of any building or land in respect of which he is required to execute any work or do anything, the Council may, by way of additional remedy, whether a suit or proceeding has been brought or taken against such owner or not, require, subject to the provisions of sub-section (3), the payment of all or any part of the expenses, payable by the owner for the time being from the person who then, or any time thereafter, occupies the building or land under such owner; and in default of payment thereof by such occupier on demand, the same may be levied from such occupier, and every amount so leviable shall be recoverable in the same manner as an amount claimed on account of any property tax; every such occupier shall be entitled to deduct from the rent payable by him to his land-lord so much as has been so paid by or recovered from such occupier in respect of any such expenses. (3) No occupier of any building or land shall be liable to pay more money in respect of any expenses charged by this Act on the owner thereof, than the amount of rent which is due from such occupier for the building or land in respect of which such expenses are payable, at the time of the demand made upon him, or which at any time after such demand and notice not to pay rent to the land-lord has accrued and become payable by such occupier, unless he neglects or refuses, upon application made to him for that purpose by the Council, truly to disclose the amount of his rent, and the name and the address of the person to whom such rent is payable, but the burden of proof that the sum demanded of any such occupier is greater than the rent which was due by him at the time of such demand, or which has since accrued, shall be upon such occupier: Provided that nothing herein contained shall be taken to affect any special contract made between any such occupier and the owner respecting the payment of any such expenses as aforesaid.

If the occupier of any building or land prevents the owner thereof from carrying into effect in respect of such building or land, any of the provisions of this Act, after notice of his intention so to carry them into effect has been given by the owner to such occupier, any Executive Magistrate upon proof thereof, and upon application of the owner, may make an order in writing requiring such occupier to permit the owner to execute all such works, with respect to such building or land as may be necessary for carrying into effect the provisions of this Act, and may also, if he thinks fit, order the occupier to pay to the owner the costs relating to such application or order; and if, after the expiration of eight days from the date of the order, such occupier continues to refuse to permit such owner to execute any such work, such occupier shall, on conviction, for every day during which he so continues to refuse, be punished with fine which may extend to five hundred rupees and every such owner, during the continuance of such refusal, shall be discharged from any penalties to which he might otherwise have become liable by reason of his default in executing such works.

(1) Save as otherwise expressly provided in this Act, if an agreement is not arrived at with respect to any compensation or damages which are by this Act directed to be paid, the amount and, if necessary, the apportionment of the same, shall be ascertained and determined by the Council. (2) Any person who is aggrieved by the amount of compensation or damages determined by the Council or the apportionment of such compensation or damages, may within one month from the date of receipt by him of an intimation about the compensation or damages or the apportionment thereof determined by the Council, appeal to the District Court against the determination made by the Council. (3) Any person who is aggrieved by the failure of the Council to determine the amount of compensation or damages or the apportionment thereof, may give to the Council a notice stating the circumstances of the case and requesting the Council to determine the amount of compensation or damages or the apportionment thereof. If the Council fails so to determine the amount of compensation or damages or the apportionment thereof within a period of one month from the receipt by it of the notice aforesaid, such person may apply to District Court to determine the amount of compensation or damages or the apportionment thereof. (4) In cases in which the compensation is claimed in respect of land, the District Court in deciding any appeal or application under sub-section (2) or (3) shall follow, as far as may be, the procedure provided by the Land Acquisition Act, 1894, for proceedings in matters referred for the determination of the Court: Provided that— (a) no application to the Collector for a reference shall be necessary; and (b) the Court shall have full power to give and apportion, the costs of all proceedings in any manner it thinks fit. (5) In any case where the compensation is claimed in respect of any land or building, the Council may, after the award has been made by the Council or the District Court, as the case may be, take possession of the land or building, after paying the amount of compensation determined by the Council or the District Court to the party to whom such compensation may be payable. If such party refuses to accept such compensation, or if there is no person competent to alienate the land or building, or if there is any dispute as to the title to the compensation or as to the apportionment of it, the Council shall deposit the amount of the compensation in the District Court.

If a dispute arises with respect to any costs or expenses which are by this Act directed to be paid, the amount, and, if necessary, the apportionment of the same, shall, save where it is otherwise

(1) Any informality, clerical error, omission or other defect of form in any assessment made or in any distress levied or in any notice, bill, summons or other document issued under this Act or under any rule or bye-law made under this Act, may at any time, as far as possible be rectified — (a) when any special procedure has been laid down by or under this Act for the rectification of such informality, clerical error, omission or other defect, after following such procedure; and (b) where no such procedure has been laid down, after giving an intimation in writing to the person affected by such rectification. (2) No such informality, clerical error, omission or other defect shall be deemed to render the assessment, distress, notice, bill, summons or other document invalid or illegal, if the provisions of this Act, or of the rules or bye-laws made thereunder have in substance and effect been complied with; but any person who sustains any special damage by reason of any such informality, clerical error, omission or other defect shall be entitled to recover full satisfaction for the special damage in any Court of competent jurisdiction.

(1) Subject to the provisions of sub-section (2) to (4), it shall be lawful for the Chairperson, the Vice-Chairperson, the Chief Officer or any officer authorised by or under this Act, or by the Chief Officer in this behalf, to enter for the purposes of this Act with such assistants as he may deem necessary, into and upon any building or land and to open or cause to be opened any door, gate or other barrier— (a) if he considers the opening thereof necessary for the purpose of such entry; and (b) if the owner or occupier is absent or being present refuses to open such door, gate or barrier. (2) Save as otherwise provided in this Act or any rule or bye-law made thereunder, no entry authorised by or under this Act, shall be made except between the hours of sunrise and sunset. (3) Save as otherwise provided in this Act or any rule or bye-law made thereunder, no land or building shall be entered into or upon without the consent of the occupier or, if there be no occupier, of the owner thereof and no such entry shall be made without giving the said occupier or owner, as the case may be, not less than twenty four hours written notice of the intention to make such entry: Provided that no such notice shall be necessary if the place to be inspected is a factory or workshop or trade premises or a stable for horses or a shed for cattle or a latrine or urinal or a work under construction, or for the purpose of ascertaining whether any animal intended for human food is slaughtered in that place in contravention of this Act or any bye-law made thereunder. (4) When any place used as a human dwelling is entered under this Act, due regard shall be paid to the social and religious customs and usages of the occupants of the place entered, and no apartment in the actual occupancy of a female shall be entered or broken open until she has been informed that she is at liberty to withdraw and every reasonable facility has been afforded to her for withdrawing.

(1) Whenever any person is required to execute any work by or under the provisions of this Act and the Chief Officer is of opinion whether on receipt of an application from such person or otherwise that the only or the most convenient means by which such person can execute such work is by entering any of the adjoining premises belonging to some other person, the Chief Officer, after giving the owner or occupier of such adjoining premises a reasonable opportunity of stating any objection, may, if no such objection is raised or if any objection which is raised appears to him invalid or insufficient, by an order in writing, authorise the person required to execute the work, to enter such adjoining premises: Provided that, in an emergency, the Chief Officer may authorise any person to enter such adjoining premises, without giving the owner of such adjoining premises, opportunity to state his objection, if any. (2) Subject to the provisions of sub-section (3), every such order bearing the signature of the Chief Officer shall be sufficient authority to the person in whose favour it is made, or to any agent or person employed by him for this purpose, to enter upon the said premises with assistants and workmen, and to execute the necessary work. (3) The provisions of sub-sections (2), (3) and (4) of the last preceding section, except the proviso to sub-section (3) of that section, shall mutatis mutandis apply to every entry made under this section. (4) In making such entry or in executing such work, as little damage as can be shall be done to the property of the owner of the adjoining premises, and the owner or occupier of the premises for the benefit of which the work is done, shall— (i) cause the work to be executed with the least practicable delay; and (ii) pay compensation to any person who sustains damage by the execution of such work. If there is any dispute as regards the amount of compensation to be paid, such amount shall be determined by the Chief Officer. (5) If the owner or occupier of the premises for the benefit of which the work is done, refuses to pay the compensation payable under sub-section (4), the amount of such compensation may be recovered by the Chief Officer as an arrear of a property tax and paid to the person who sustains damage by the execution of such work.

(1) The Chief Officer may, in order to facilitate the service, issue, presentation or giving of any notice, bill, summons or such other document upon or to any person, by written notice require the owner or occupier of any immovable property or of any portion thereof or the owner or person in charge of any movable property to state in writing, within such period as the Chief Officer may specify in the notice, the nature of his interest therein and the name and address of any other person having an interest therein whether as freeholder, mortgagee, lessee or otherwise so far as such name and address are known to him. (2) Any person required by the Chief Officer in pursuance of sub-section (1) or any other provision of this Act to give the Chief Officer any information shall be bound to comply with the same, and to give true information to the best of his knowledge and belief.

(1) Where on information received, the Director is of the opinion that any person, who in his capacity as a Chairperson, Vice-Chairperson, Councillor, or officer or servant of a Council had in his custody any records, stores or money or other property belonging to the Council, inspite of the expiry of his term of office or his removal or suspension from office, as the case may be, has not delivered such records, stores, money or other property to his successor in the office, the Director may by a written order require that the records, stores, money or other property so detained, be delivered to such successor within the time to be specified in such order. (2) If such Chairperson, Vice-Chairperson, Councillor, or officer or servant of the Council fails to comply with the order of the Director under the foregoing sub-section, it shall be lawful for the Director,— (a) for recovering any such money, to direct that such money may be recovered as an arrear of land revenue and on such direction being given by the Director such money shall be recoverable as an arrear of land revenue from such person; (b) for recovering any such records or stores or other property, to issue a search warrant and to exercise all such powers with respect thereto as may lawfully be exercised by a Magistrate under the provisions of Chapter VII of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974). (3) No action shall be taken under this section, unless the person concerned has been given a reasonable opportunity to show cause why such action should not be taken against him.

Where by or under this Act, the previous sanction of any authority is required in respect of any staff or expenditure and such previous sanction is not obtained, such authority may accord ex-post facto sanction, if it is satisfied that such action was bonafide and has not caused or is not likely to cause injury to any person or that the action taken was in public interest.

(1) Every Council shall constitute a Development Committee consisting of such number of members not exceeding seven as may be prescribed. (2) The Committee constituted shall carry out responsibilities as may be prescribed including those in relation to the matters listed in the X schedule.

(1) Whenever it is provided by or under this Act that a licence or a written permission may be given for any purpose, such licence or permission shall specify the period for which, and the restrictions and conditions subject to which, the same is granted and the date by which an application for the renewal of the same shall be made, and shall be given under the signature of the Chief Officer or of any other municipal officer empowered by or under this Act or by the Chief Officer to grant the same. (2) Except as otherwise provided by or under this Act, there shall be charged a fee — (a) for every such licence at such rates as shall from time to time be specified in the respective provision of the bye-laws relating to the grant of such licence; and (b) for every such written permission at such rates as shall from time to time be specified in the bye-laws made in this behalf: Provided that — (i) such fee may be a recurring fee; (ii) the bye-laws may provide for the levy of a higher fee by way of penalty for any act done by any person without licence or written permission; (iii) the higher fee levied under clause (ii) of this proviso shall be leviable in addition to any other penalty or liability to which such person may be liable under the provisions of this Act or any rules or bye-laws made thereunder. (3) Any licence or written permission granted under this Act may at any time be suspended or revoked by the competent authority, if such authority is satisfied that it has been secured by the holder through misrepresentation or fraud or if any of its restrictions or conditions are infringed or evaded by the person to whom the same has been granted, or if the said person is convicted of an infringement of any of the provisions of this Act or of any rule or bye-law pertaining to any matter to which such licence or permission relates. (4) When any such licence or written permission is suspended or revoked or when the period for which the same was granted has expired, the person to whom the same was granted shall, for all purposes of this Act, be deemed to be without a licence or written permission, until the order for suspending or revoking the licence or written permission is cancelled or until the licence or written permission is renewed, as the case may be: Provided that, when an application has been made for the renewal of a licence or written permission by the date specified therein, the applicant shall be entitled to act as if it has been renewed, pending the receipt of orders. (5) Every person to whom any such licence or written permission has been granted shall, at all reasonable times, while such written permission or licence remains in force, if so required by the Chief Officer or any municipal officer duly authorised in this behalf, produce such licence or written permission. (6) Every application for a licence or written permission shall be addressed to the Chief Officer. (7) The acceptance by or on behalf of the Council of the fee for a licence or permission shall not in itself entitle the person paying the fee to the licence or permission.

Upon a conviction being obtained in respect of the use of any place for any purpose without a licence or permission or in contra-vention of the conditions subject to which any licence or permission may have been granted, the Magistrate may, on the application of the authority competent to grant such licence or permission but not otherwise, order such place to be closed, and thereupon appoint any person or persons or take other steps to prevent such place being so used.

(1) In this section, unless the context otherwise requires — (a) “specified day” means the day from which any local area is declared to be a municipal area under sub-section (1) of section 3 or the day from which a change referred to in any of the clauses (a) to (d) of sub-section (1) of section 6 takes effect; (b) “existing local authority”, in relation to any local area, means the Municipal Council or the panchayat having jurisdiction over such area immediately before the specified day; (c) “successor local authority”, in relation to any local area, means the Municipal Council or the panchayat having jurisdiction over such area from the specified day; (d) “Panchayat” means a village panchayat established or deemed to be established for any village or group of villages under the Goa Panchayat Raj Act, 1993. (2) When— (a) any local area is declared to be a municipal area; (b) any local area is added to a municipal area; (c) any local area is excluded from a municipal area; (d) [omitted] (e) [omitted] the Government may notwithstanding anything contained in this Act or any other law for the time being in force, by an order published in the Official Gazette, provide for all or any of the following matters, namely: — (i) in a case falling under clause (a) or (b), all relevant provisions of this Act shall apply and all rules, bye-laws, orders, notifications, directions issued and in force in the municipal area at the time of inclusion of such area shall apply to the area or areas so included; (ii) [omitted] (iii) in a case falling under clause (c), the removal of the Councillors, who, in the opinion of the Government represent the area excluded from the municipal areas; (iv) [omitted] (v) [omitted] (vi) the transfer, in whole or in part, of the assets, rights and liabilities of an existing local authority (including the rights and liabilities under any agreement or contract made by it) to any successor, local authorities or the Government and the terms and conditions for such transfer; (vii) the substitution of any such transferee for an existing local authority or the addition of any such transferee as a party to any legal proceeding to which an existing local authority is a party; and the transfer of any proceedings pending before the existing local authority or any authority or officer subordinate to it to any such transferee or any authority or officer subordinate to it; (viii) the transfer or re-employment of any employees of an existing local authority to, or by, any such transferee or the termination of service of any (ix) the continuance within the area of an existing local authority of all or any appointments, notifications, notices, taxes, orders, schemes, licences, permissions, rules, bye-laws, regulations or forms made, issued, imposed or granted by, or in respect of, such existing local authority and in force within its area immediately before the specified day, until superseded or modified under this Act; (x) the extension and commencement of all or any appointments, notifications, notices, taxes, orders, schemes, licences, permissions, rules, bye-laws, regulations or forms made, issued, imposed or granted under this Act by, or in respect of, any existing Council and in force within its area immediately before the specified day, to and in all or any of the other areas of the successor Council, in supersession of corresponding appointments, notifications, notices, taxes, orders, schemes, licences, permissions, rules, bye-laws, regulations or forms (if any) in force in such other areas immediately before the specified day, until the matters so extended and brought into force are further superseded or modified under this Act; (xi) the continuance within the area of an existing local authority of all or any budget estimates, assessments, assessment lists, valuations, measurements or divisions made or authenticated by, or in respect of, such existing local authority and in force within its area immediately before the specified day, until superseded or modified under the relevant law; (xii) the removal of any difficulty which may arise on account of any change referred to in clause (a) to (c). (3) Where an order is made under this section transferring the assets, rights and liabilities of an existing local authority, then, by virtue of that order, such assets, rights and liabilities of the existing local authority shall vest in and be the assets, rights and liabilities of, the transferee. (4) (a) Where an order is made under this section, the Director shall, before the expiry of the term of the Councillors elected under paragraph (i), or of the Council in whose case the number of Councillors is reduced under paragraph, (iii) of sub-section (1), take steps in accordance with section 9 of this Act, for the purpose of determining the number of Councillors of, and for holding election for, the new Council or Councils, as the case may be; (b) the Councillors of the Council in whose case there is an interim increase in their number, shall, notwithstanding the expiry of the term for which they may have been elected, continue in office for the area concerned, until immediately before the first meeting of the new Council or Councils, as the case may be; (c) save as otherwise provided by or under this section, the provisions of this Act shall mutatis mutandis apply to any such Council, its Councillors.

When the whole of the local area comprising a municipal area ceases to be a municipal area, with effect from the day on which such local area ceases to be a municipal area,— (i) the Council constituted for such municipal area shall cease to exist or function; (ii) the Councillors of the Council shall vacate office; (iii) the Director may, notwithstanding anything contained in this Act or any other law for the time being in force, by an order published in the Official Gazette provide in respect of such area for all or any of the matters specified in paragraphs (vi) to (xii) (both inclusive) of sub-section (2) of section 325 and the provision of sub-section (3) of that section shall apply to such order.