LexThe GOA, BUILDINGS (LEASE, RENT AND EVICTION) CONTROL ACT, 1968
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THE GOA, 1[ ] BUILDINGS (LEASE, RENT AND EVICTION)
CONTROL ACT, 1968
2[Act No. 2 of 1969]
AN
ACT
To provide for the control of rents and evictions and of rates of hotels and
lodging houses, and for the requisition of vacant buildings, in the 3[State
of Goa].
Be it enacted by the Legislative Assembly of Goa, Daman and Diu in the
Nineteenth Year of the Republic of India as follows :—
CHAPTER I
Preliminary
1. Short title, extent and commencement.— (1) This Act may be called
the Goa, 4 [ ] Buildings (Lease, Rent and Eviction) Control Act, 1968.
(2) It extends, in the first instance, to the cities of Panaji, Margao, Mapusa and Vasco
(including the Harbour area) 5[but the Government] may, from time to time, by
notification in the Official Gazette extend this Act or any provision thereof to any other
area in the said 6[State of Goa ].
(3) It shall come into force on such date as the 7[Government] may, by notification
in the Official Gazette, appoint:
Provided that different dates may be appointed for different provisions of this Act and
for different areas and any reference in any such provision to the commencement of this
Act shall be construed as a reference to the coming into force of that provision.
2. Definitions.— In this Act, unless the context otherwise requires,—
8[Omitted]
9(a) “Appellate Board” means the Appellate Board constituted under sub-section
(1) of section 41;
10 (b) “Authorised Officer” means an officer appointed as such under sub-section
(2) of section 41;
11 (c) “Building” means any building, or part of a building, which is, or is intended
to be, let separately for use as a residence or for commercial use or for any other
purpose, and includes—
(i) the garden, ground and out-houses, if any, appertaining to such building
or part of the building;
(ii) any furniture supplied by the landlord for use in such building or part of
the building;
but does not include a room in a hotel or lodging house;
(12d) “Controller” means a person appointed as a controller under sub-section (2)
of section 41 and, except in section 42, includes an Additional Controller;
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(13e) “fair rate” means the fair rate fixed under section 37 and includes the rate as
revised under section 38;
(14f) “fair rent” means the fair rent fixed under Chapter III;
15[(g) “Government” means the Government of Goa];
(16 h) “hotel or lodging house ” means a building, or part of a building, where
lodging with or without board or other services is provided for monetary consideration;
(17i) “landlord” means a person who, for the time being, is receiving, or is entitled
to receive, the rent of any building, whether on his own account or on account of, or on
behalf of, or for the benefit of, any other person or as a trustee, guardian or receiver for
any other person or who would so receive the rent or be entitled to receive the rent, if
the premises were let to a tenant;
(18j) “manager of a hotel” includes any person in charge of the manageme nt of the
hotel;
(19k) “member of the family” means—
20[(i) in relation to a landlord who is an individual, his spouse, son, daughter
and includes father, mother, grandson solely dependent on the landlord for
maintenance:
Provided that in the case of married daughter, her husband shall not be entitled
to claim any benefit under section 5, if his wife has already got the said benefit
thereunder and in case her husband has already got the said benefit, the married
daughter shall not be entitled to claim the same.]
(ii) in relation to a landlord who is a joint Hindu family, the members of such
a family;
(iii) in relation to joint owners other than a Joint Hindu family, the members
of the family as indicated in sub -clause ( i) in relation to each of such joint
owners;
(21l) “owner of a lodging House ” means a person who for the time being is
receiving, or is entitled to receive, whether on his own account, or on account of, or on
behalf of, or for the benefit of, himself or any other person or as an agent or guardian,
receiver or a trustee or any other person, any monetary consideration from any person
on account of board, lodging or other services provided in the lodging house;
(22m) “prescribed” means prescribed by rules made under this Act;
(23n) “Rent Tribunal” means the Rent Tribunal constituted under sub -section (1) of
section 41;
(24o) “tenant” means any person by whom or on whose account or behalf the rent of
any building is, or but for special contract would be, payable and includes 25[in the
event of his death the surviving spouse, or any son, or unmarried daughter or father or
mother who had been living with him as a member of his family upto the date of his
death and] a sub -tenant and also any person continuing in possession after the
termination of his tenancy, but shall not include any person against whom any order, or
decree for eviction has been made.
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3. Act not to apply to certain buildings.— (1) Nothing in this Act shall apply—
(a) to any building belonging to the Government, or a State Housing Board, or a
local authority, or Industrial Development Corporation;
(b) to any building vested in the Custodian of Evacuee Property;
(c) to any newly constructed building for a period of 26[fifteen] years from the date
of its completion;
27[(cc) to any building let out or leased for the first time on or after 20-4-1994, whose
monthly rent exceeds—
(a) Rs. 2,500/- if such building is used for residential purpose;
(b) Rs. 5,000/- if such building is used for commercial purpose].
(d) as against the Government to any tenancy or ot her like relationship created by a
grant from the Government in respect of a building, the possession of which has been
taken over under Section 6.
(2) Where the 28[Government] is of the opinion that it is necessary or expedient in
the public interest so to do, he may, by notification in the Official Gazette, and subject to
such conditions, if any, as he may specify in the notification, exempt any building or
class of building from all or any of the provisions of this Act.
CHAPTER II
Control of letting
4. Notice of vacancy. — (1) Every landlord shall, within ten days after a building
becomes vacant by his ceasing to occupy it or by termination of a tenancy, or by eviction
of a tenant, or otherwise, give notice of the vacancy to the Authorised Officer.
(2) Every such notice shall be given in such manner, and shall contain such
particulars, as may be prescribed.
5. Release of building for use of the landlord.— (1) The Authorised Officer may, on
receipt of an application from the landlord, or on receipt of a direction from the
29[Government] in pursuance of an application made to him by the landlord, by order,
release a building for the occupation of the landlord or a member of his family.
(2) A landlord who has obtained possession of a building in pursuance of an order
made under sub-section (1) shall use it only for his own occupation or for the occupation
of any member of his family, and if he fails to do so proposes either to let out or keep
vacant the whole or any part of the building for a period exceed ing that permitted by the
Authorised Officer by order in writing, he shall give notice as required under section 4 as
if the building had fallen vacant.
6. Requisitioning of building.— (1) Within fifteen days of receipt, by the Authorised
Officer, of the not ice under sub -section (1) of section 4, or sub -section (2) of section 5,
the Authorised Officer, may, if he is of the opinion that the building is required for the
purpose of the Government or of any local authority or of any public institution under the
control of the Government or for the occupation of any officer or employee of the
Government or a local authority, issue an order in the prescribed form giving intimation
to that effect to the landlord, and calling upon the landlord to hand over possession of the
building to him or any other officer empowered by him for this purpose on a date to be
specified by him in this behalf in the said order, or on any other later date, as may be
specified by him.
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(2) (a) On receipt of the order issued under sub -section (1), the landlord shall deliver
vacant possession of the building to the Authorised Officer or any officer empowered by
him for this purpose.
(b) If the landlord fails to deliver the possession on the date so specified, the
Authorised Officer or any other officer empowered by him in this behalf may take
possession of the building.
3) As soon as may be after the possession of the building is taken over under sub --
section (2), the Authorised Officer shall, after giving notice in this behalf to the landlor d
and hearing him and after holding such inquiry as he deems fit, determine the monthly
rent payable to the landlord for the building on the following basis namely:—
(a) where the fair rent of the building is fixed under the provisions of Chapter III,
the rent shall be the fair rent so fixed;
(b) in all other cases, the rent shall be the reasonable rent as the Authorised Officer
may determine:
Provided that the reasonable rent fixed by the Authorised Officer shall be subject to
such fair rent as may be determined by the Rent Tribunal.
(4) The landlord shall be entitled to payment of rent determined under sub -section
(3),—
(a) where possession of the building has been handed over on the date specified in
the order issued under sub -section (1), from the date on whic h the Authorised Officer
received notice under sub-section (1) of section 4 or sub-section (2) of section 5, as the
case may be;
(b) in any other case, from the date on which the possession of the building has
been taken over by the Authorised Officer or the officer empowered by him in this
behalf.
(5) The Authorised Officer may, by order in writing, allot the building for the purpose
for which it was taken, over and the allottee shall hold it subject to such terms and
conditions as may be specified in the allotment order.
7. Landlord’s right to occupy. — If, within fifteen days of the receipt by the
Authorised Officer of a notice under sub -section (1) of section 4 or sub -section (2) of
section 5, the Authorised Officer does not intimate to the landlord in writin g that the
building is required for any of the purposes specified in sub -section (1) of section 6, the
landlord shall be at liberty to let the building to any tenant or to occupy it himself.
8. Restriction on structural alterations to a building. — Where the possession of a
building has been taken over under section 6, no structural alteration shall be made in the
building except with the consent in writing of the landlord.
9. Effect of failure to give notice and prohibition of letting.— Notwithstanding the
fact that a landlord has failed to give intimation to the Authorised Officer as required by
sub-section ( 1) of section 4, or sub -section ( 2) of section 5, 30[Government] or the
Authorised Officer may, if the building is required for any of the purposes specif ied in
sub-section (1) of section 6 at any time, give intimation to the landlord that the building is
so required and thereupon the provisions of this Chapter shall apply to such building as if
the
requisite notice had been given:
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Provided that such intimation shall not affect any liability of the landlord for any
penalty to which he may be subject by reason of his omission to give the notice.
10. Occupation without giving notice of vacancy void. — Where a landlord fails to
give intimation to the Authori sed Officer as required by sub -section (1) of section 4 or
sub-section (2) of section 5 and occupies the building himself or lets it out to a tenant or
otherwise allows it to be occupied by some other person, the said occupation of the
building by the landlord or the tenant or other person shall be deemed to be void.
11. Exemption of certain classes of buildings from Chapter. — Nothing in this
Chapter shall apply—
(a) to a residential building the monthly rent of which does not exceed twenty five
rupees;
(b) to a non-residential building the monthly rent of which does not exceed fifty
rupees;
(c) to any building or buildings in the same city, town or village owned by any
company, association or firm, whether incorporated or not, and bonafide intended
solely for the occupation of its officers, servants or agents.
CHAPTER III
Determination of fair rent
12. Rent Tribunal to determine fair rent. — (1) The Rent Tribunal shall, on
application by the landlord or the tenant of a building, fix the fair rent payable per annum
for such building after holding such inquiry as may be prescribed.
(2) The fair rent payable per annum shall consist of—
(a) 31[twelve per cent] of the market value of the building (including the land
on which the building is constructed) as on32[***] the date of the completion of the
building, 33[***] ;and
34[Provided that the fair rent once fixed shall automatically stand increased by
2% per annum].
(b) fifty per cent of the taxes or cesses levied by the local authority and payable
per annum by the landlord in respect of the building including the land on which the
building is constructed.
13. Increase in fair rent in what cases admissible. — (1) When the fair rent of a
building has been fixed under this Act, no further increase in such fair rent shall be
permissible except in cases where some addition, improvement or alteration has been
carried out at the landlord‘s expense and, if the building is then in the occupation of a
tenant at his request:
Provided that the increase shall be calculated at a rate per an num not exceeding
35[twelve per cent] of the cost of such addition, improvement or alteration.
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(2) Any dispute between the landlord and the tenant in regard to any increase claimed
under sub-section (1) shall be decided by the Rent Tribunal.
(3) Where, after the fair rent of a building has been fixed under this Act, there is a
decrease or diminution in the accommodation or amenities provided, the tenant may
claim a reduction in the fair rent as so fixed.
(4) Any dispute between the landlord and the tenant in regard to any reduction so
claimed shall be decided by the Rent Tribunal.
14. Increase of rent in certain cases. — (1) Where the amount of taxes and cesses
payable by the landlord in respect of a building to a local authority is enhanced or is
levied for the first time after the fixation of the fair rent under section 12, the landlord
shall be entitled to claim half of such excess or levy from the tenant in addition to the fair
rent fixed:
Provided that such excess shall not be recoverable in so far as it has resulted from an
increase of rent in respect of the building.
(2) Any dispute between the landlord and the tenant in regard to any increase claimed
under sub-section (1) shall be decided by the Rent Tribunal.
15. Landlord not to claim or receive anything in exc ess of fair rent. — (1) Where
the Rent Tribunal has fixed fair rent or a building, the landlord shall not claim, receive or
stipulate for the payment of—
(a) any extra sum in addition to such fair rent, or
(b) save as provided in section 13 or section 14, anything in excess of such fair rent:
Provided that the landlord may claim, receive or stipulate for the payment of an
amount not exceeding one month‘s rent, by way of advance.
(2) Save as provided in sub -section (1), any extra sum or any rent paid in addition to,
or in excess of, such fair rent, whether before or after the commencement of this Act, in
consideration of the grant, continuance or renewal of the tenancy of the building, shall be
refunded by the landlord to the person by whom it was paid or, at the option of such
person, shall be otherwise adjusted by the landlord:
Provided that where before the determination of the fair rent, has been paid in excess
hereof, the refund or adjustment shall be limited to the amount paid in excess for a period
of six months prior to the date of the application by the tenant or the landlord under sub --
section (1) of section 12 for fixing the fair rent.
(3) Any stipulation in contravention of sub-section (1) or sub-section (2) shall be
void.
16. Prohibition of receipt of prem ium.— (1) Where the fair rent of a building has
not been so fixed, the landlord shall not, after the commencement of this Act, claim,
receive
or stipulate for the payment of an extra amount or other like sum in addition to the agreed
rent:
Provided that the landlord may claim, receive or stipulate for the payment of an
amount not exceeding one month‘s rent by way of advance.
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(2) Save as provided in sub-section (1), any sum paid in excess of the agreed rent after
the commencement of this Act in consid eration of the grant, continuance or renewal of
the tenancy of the building after such commencement shall be refunded by the landlord to
the person by whom it was paid or, at the option of such person, shall be otherwise
adjusted by the landlord.
(3) Any stipulation in contravention of sub-section (1) or sub-section (2) shall be void.
CHAPTER IV
Payment and deposit of rent
17. Receipt to be given for rent paid. — (1) Every tenant shall pay rent within the
time fixed by contract or, in the absence of such c ontract, by the fifteenth day of the
month next following the month for which it is payable.
(2) Every tenant who makes a payment of rent or advance to his landlord shall be
entitled to obtain forthwith from the landlord or his authorised agent a written receipt for
the amount paid to him, signed by the landlord or his authorised agent.
(3) If the landlord or his authorised agent refuses or neglects to deliver to the tenant a
receipt referred to in sub-section (2), or does not accept any rent tendered by a tenant, the
tenant shall remit the rent to the landlord by money order after deducting the money order
commission and continue to remit any rent which may subsequently become due in
respect of the building in the same manner until the landlord signifies by a written notice
to the tenant his willingness to accept the rent and deliver a receipt as required by sub-
section (2).
18. Deposit of rent by tenant.— (1) Where there is a bonafide doubt as to the person
or persons to whom the rent is payable or where the address of the landlord or his
authorised agent is not known to the tenant, 36[or the landlord refuses to accept the rent
from the tenant] he may deposit such rent with the Controller in the prescribed manner.
(2) The deposit shall be accompanied by an application by the tenant containing the
following particulars, namely:—
(a) the building for which the rent is deposited with a description sufficient for
identifying the building;
(b) the period for which the rent is deposited;
(c) the name and address of the landlord or the person or persons claiming to be
entitled to such rent;
(d) the reasons for and the circumstances in which the application for depositing the
rent is made;
(e) such other particulars as may be prescribed.
(3) On such deposit of the rent being made, the Controller shall send in the
prescribed manner a copy or copies of the application to the landlord or persons claiming
to be entitled to the rent with an endorsement of the date of the deposit.
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(4) If an application is made for the withdrawal of any deposit of rent, the Controller
shall, if satisfied that the applicant is the person entitled to receive the rent deposited,
order amount of the rent to be paid to him in the manner prescribed:
Provided that no order for payment of any deposit of rent sh all be made by the
Controller under this sub -section without giving all persons named by the tenant in his
application under sub -section (2) as claiming to be entitled to payment of such rent an
opportunity of being heard and such order shall be without pr ejudice to the right of such
persons to receive such rent being decided by a court of competent jurisdiction.
(5) If at the time of filing the application under sub-section (4) but not after the expiry
of thirty days from receiving the notice of the deposit, the landlord or the person claiming
to be entitled to the rent complains to the Controller that the statements in the tenant‘s
application of the reasons and the circumstances which led him to deposit the rent are
untrue, the Controller, after giving t he tenant an opportunity of being heard, if he is
satisfied that the said statements were materially untrue, impose on the tenant a fine not
exceeding an amount equal to two months‘ rent, and may further direct that such portion
thereof as he considers fit should be paid to the landlord as compensation.
(6) The Controller, on the complaint of the tenant and after giving an opportunity to
the landlord of being heard may, if he is satisfied that the landlord without any reasonable
cause refused to accept r ent though tendered to him within the time referred to in section
17, impose on the landlord a fine not exceeding an amount equal to two months‘ rent and
may further direct that such portion thereof as he considers fit should be paid to the tenant
as compensation.
19. Time limit for making deposit and consequences of incorrect particulars in
application for deposit.— (1) No rent deposited under section 18 shall be considered to
have been validly deposited under that section, unless the deposit is made within t wenty-
one days of the time allowed by section 17 for payment of the rent.
(2) No such deposit shall be considered to have been validly made, if the tenant
wilfully makes any false statement in his application for depositing the rent, unless the
landlord has withdrawn the amount deposited before the date of filing an application for
the recovery of possession of the building from the tenant.
(3) If the rent is deposited within the time mentioned in sub -section (1) and does not
cease to be a valid deposit for the reason mentioned in sub -section (2), the deposit shall
constitute payment of the rent to the landlord as if the amount deposited had been validly
tendered.
(4) If the deposit is not considered to have been validly made, the person depositing
may w ithdraw the deposit at any time when he wishes to withdraw by making an
application in writing in this behalf to the Controller.
20. Saving as to acceptance of rent. — The withdrawal of rent deposited under
section 18 in the manner provided therein shall not o perate as an admission against the
person withdrawing it of the correctness of the rate of rent, the period of default, the
amount due, or of any other facts stated in the tenant‘s application for depositing the rent
under the said section.
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CHAPTER V
Control on eviction of tenants
21. Bar on eviction of tenants.— Notwithstanding anything to the contrary contained
in any other law or contract, a tenant shall not be evicted, whether in execution of a
decree or otherwise, except in accordance with the provisions of this Chapter:
37[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 may pass a decree for eviction on any of the grounds mentioned in this Chapter even
though it is found that such denial does not involve forfeiture of the lease or that the claim
is unfounded]
22. Grounds of eviction.— (1) A landlord who seeks to evict his tenant shall apply to
the Controller for a direction in that behalf.
(2) If the Controller, after giving the tenant a reasonable opportunity of showing cause
against the application is satisfied —
38[(a) that the tenant is in arrears in payment of rent due by him in respect of the
building for a total pe riod of three months and has failed to pay or tender such arrears
of rent as are legally recoverable from him within thirty days of the receipt of or of the
refusal of a registered notice served on him by the landlord for such arrears; or];
(b) that the tenant has without the written consent of the landlord—
(i) transferred his right under the lease or sub-let the entire building or any
portion thereof, or
(ii) used the building for a purpose other than that for which it was leased; or
(c) that the tenant has committed such acts of damage as are likely to impair
materially the value or utility of the building; or
(d) that the tenant has been guilty of such acts and conducts which are a nuisance to
the occupiers of other portions of the same building or of buildings in the
neighbourhood;
Explanation:— For the purpose of this clause, ―nuisance‖ shall be deemed to include
any act which constitutes an offence under the Suppression of Immoral Traffic in Women
and Girls Act, 1956;
(e) that the tenant of a dwelling house has, whether before or after the commencement
of this Act, built, acquired vacant possession of, or been allotted a residence 39[ within an
area of five kilometers radius for the outer limits of the city or village as the case may be,
where such dwelling house is situated]; or
(f) that the tenant has ceased to occupy the building for a continuous period of four
months without reasonable cause; or
(g) that the tenant has denied the title of the landlord or claimed a right of permanent
tenancy and that such denial or claim was not bonafide;
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the Controller shall make an order directing the tenant to put the landlord in
possession of the building; and if the Controller is not so satisfied he shall make an order
rejecting the application:
40[***]
41[(3) No order for the ev iction of a tenant shall be made on the ground specified in
clause (a) of sub -section ( 2), if the tenant, within thirty days of the service of the
summons of proceedings on him, pays or tenders to the landlord or deposits with the
Controller the arrears of rent due by him up to the date of such payment, tender or deposit
together with the cost of application:
Provided that no tenant shall be entitled to the benefit under this sub-section, if, having
obtained such benefit once in respect of any building he again makes a default in the
payment of rent of that building for a total period of three months.
(4) In any proceeding falling under clause (a) of sub-section (2), if the controller on an
application made to it is satisfied that the tenant‘s default to pay, tender or deposit rent
was not without reasonable cause, he may, notwithstanding anything contained in sub --
section (3) or in section 32, after giving the parties an opportunity of being heard, give the
tenant a reasonable time, to pay or tender the rent due by him to the landlord upto the date
of such payment or tender and on such payment or tender the application shall be
rejected].
23. Landlord’s right to obtain possession. — (1) A landlord may, subject to the
provisions of section 24, apply to the Cont roller for an order directing the tenant to put
him in possession of the building—
(a) in case it is a residential building,—
(i) if the landlord is not occupying a residential building of his own in the city,
town or village concerned and he requires it for his own occupation or for the
occupation of any member of his family; or
(ii) if the landlord who has more buildings than one in the city, town or village
concerned is in occupation of one such building and he bonafide requires another
building instead, for his own occupation;
(b) in case it is a non-residential building which is used for the purpose of keeping a
vehicle or adapted for such use, if the landlord requires if for his own or to the
possession of which he is entitled in the city, town or village concer ned which is own
or to the possession of which he is entitled whether under this Act or otherwise:
Provided that a person who becomes a landlord after the commencement of the
tenancy by an instrument ‗inter vivos‘ shall not be entitled to apply under 42[this sub-
section] before the expiry of five years from the date on which the instrument was
registered :
43[Provided further that in case of gift from parents the above period of five years
shall be reduced to two years]:
Provided further that where a landlord has obtained possession of a building under this
section, he shall not be entitled to apply again under this section—
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(i) in case he has obtained possession of a resident ial building for possession of
another residential building of his own;
(ii) in case he has obtained possession of a non-residential building for possession
of another non-residential building of his own.
(2) Where the landlord of a residential building is a religious, charitable, educational
or other public institution, it may, if the building is required for the purposes of the
institution, apply to the Controller, subject to the provisions of section 24, for an order
directing the tenant to put the institution in possession of the building.
(3) A landlord who is occupying only a part of a residential building, may
notwithstanding anything in sub-section (1), apply to the Controller for an order directing
any tenant occupying the whole or any portion of the remaining part of the building to put
the landlord in possession thereof, if he requires additional accommodation for his own
use or for the use of any member of his family.
Explanation:— For the purpose of this section, a landlord means a person, on account
of or on behalf of or for the benefit of whom the rent of a building is received but does
not include an agent, trustees, guardian or receiver.
44[23A. Right to recover immediate possession of premises to accrue to certain
persons.— (1) Where a landl ord who, being a person in occupation of any residential
premises allotted to him by the Government or any local authority is required, by, or in
pursuance of any general or special order made by the Government or such authority to
vacate such residential accommodation or in default, to incur certain obligations, on the
ground that he owns in the place where such residential premises has been allotted to him
either by the Government or by such local authority, a residential accommodation either
in his own name or in the name of his wife or dependent child there shall accrue on and
from the date of such order to such landlord, notwithstanding anything contained
elsewhere in this Act or in any other law for the time being in force or in any contract
(whether express or implied), custom or usage to the contrary, a right to recover
immediately possession of any premises let out by him:
Provided that nothing in this section shall be construed as conferring a right on a
landlord owning in the place where the resi dential accommodation has been allotted to
him by the Government or such local authority two or more dwelling houses whether in
his own name or in the name of his wife or dependent child, to recover the possession of
more than one dwelling house and it sha ll be lawful for such landlord to indicate the
dwelling house, possession of which he intends to recover.
(2) Notwithstanding anything contained elsewhere in this Act or in any other law for
the time being in force or in any contract, custom or usage to the contrary where the
landlord exercises the right of recovery conferred on him by sub -section (1), no
compensation shall be payable by him to the tenant or any person claiming through or
under him and no claim for such compensation shall be entertained by an y court, tribunal
or other authority:
Provided that where the landlord had received,—
(a) any rent in advance from the tenant, he shall, within a period of ninety days
from the date of recovery of the premises by him, refund to the tenant such amount as
represents the rent payable for the unexpired portion of the contract agreement or
lease;
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(b) any other payment, he shall, within the period aforesaid, refund to the tenant a
sum which shall bear the same proportion to the total amount as received, as the
unexpired portion of the contract or agreement or lease bears to the total period of
contract or agreement or lease:
Provided further that, if any default is made in making any refund as aforesaid the
landlord shall be liable to pay simple interest at the rate of six per cent. per annum.
45[(3) Notwithstanding anything contained in this Act,—
(a) a landlord, who is a member of the armed forces of the Union or who is an
employee of the Central Government or Railways or any Public Sector Undertaking of
the Central Government whose employees are subject to transfers from their original
place of posting or who was such member or employee as the case may be, 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 sh all pass an order for eviction on such grounds if the landlord, at the
hearing of the suit, produces a certificate signed by the Head of his Services or his
commanding Officer or by the Head of his Department or Head of the Public Sector
Undertaking, as the case may be, to the effect that—
(i) he is presently a member of the armed forces of the Union or employee of the
Central Government or Railways or the Public Sector Undertaking of the Central
Government or he was such member or employee as the case may be, and is now
retired ex-serviceman or employee as the case may be; and
(ii) he does not possess any other suitable residence in the local area where he or
the members of his family can reside:
Provided that in the case of an ex -serviceman or an ex -employee referred to in sub --
clause (i) above, an affidavit sworn before the competent authority to the effect as
envisaged in sub-clause (ii) shall be sufficient;
(b) Where a member of the armed forces of the Union or employee of the Central
Government or Railways or any Public Sector Undertaking of the Central Government
whose employees are subject to transfers from their original posting place, as the case
may be, dies while in services or such member is duly retired 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 inclu de 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 or by the Head of
Department or Head of the Public Sector Undertaking whereof, her deceased husband
was employee to the effect that—
(h) she is a widow of a deceased member of the armed forces or the
employee of the Central Government or Railways or any Public Sector Undertaking
of the Central Government, as the case may be; and
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(ii) she does not possess any other suitable residence in the local area where she
or the members of her family can reside:
Provided th at the landlord or his widow, as the case may be, shall be entitled to
recover only one of the premises chosen by him or her, under this section, in case more
than one premises have been let out by him or her.
Explanation 1.— For the purposes of this sub-section,
(i) ―armed forces‖ means an armed force of the Union constituted under an Act of
Parliament and includes a member of the police force constituted under the Police Act
as applicable to the State of Goa;
(ii) any certificate granted by the concerned authority thereunder shall be
conclusive evidence of the facts stated therein.
Explanation 2.— For the purpose of clause (a) of this sub -section, the expression the
Head of his ―Services in the case of officers retired from the Indian Navy, includes the
Flag Officer-in-Chief, Western Naval Command and in the case of officers retired from
the Indian Air Force, includes the Station Commander.‖
46[(3A) ( a) Every application under sub -section ( 3) shall be dealt with in
accordance with the procedure specified in this sub-section.
(b) After an application under sub -section (3) is received, the Controller shall issue
summons for service on the tenant in the form specified in the Schedule.
(c) The summons issued under sub-clause (b) shall be served on the tenant as far as
may be, in accordance with the provisions of Order V of the First Schedule to the Code
of Civil Procedure, 1908 (Central Act 5 of 1908). The Controller shall in addition
direct that a copy of the summons be also simultaneously sent by registered post
acknowledgement due addressed to the tenant or his agent empowered to accept the
service at the place where the tenant or his agent actually and voluntarily resides or
carries on business or personally works for gain and that another copy of the summ ons
be affixed at some conspicuous part of the building in respect whereof the application
under sub-section (3)1 been made.
d) When an acknowledgement purporting to be signed by the tenant or his agent is
received by the Controller or the registered art icle containing the summons is received
back with an endorsement purporting to have been made by a postal employee to the
effect that the tenant or his agent has refused to take delivery of the registered article
and an endorsement is made by a process ser ver to the effect that a copy of the
summons has been affixed as directed by the Controller on a conspicuous part of the
building and the Controller after such enquiry as he deemes fit, is satisfied about the
correctness of the endorsement, he may declare that there has been a valid service of
the summons on the tenant.
(e) The tenant on whom the service of summons has been declared to have been
validly made under clauses (c) or (d) of sub-section (3A), shall have no right to contest
the prayer for evictio n from the residential building unless he files an affidavit within
15 days from the date stating the grounds of service on which he seeks to contest the
application for eviction and obtains leave from the Controller as hereinafter provided
and in default of his appearance in pursuance of the summons or his obtaining such
leave, the statement made by the landlord or, as the case may be, the widow, of such
landlord in the application for eviction shall be deemed to be admitted by the tenant
and the applicant shall be entitled to an order for eviction of the tenant.
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(f) The Controller may give to the tenant leave to contest the application if the
affidavit filed by the tenant discloses such facts as would disentitle the landlord or, as
the case may be, the widow , of such landlord from obtaining an order for the recovery
of possession of the residential building under sub-section (3).
(g) Where leave is granted to the tenant to contest the application, the Controller
shall commence the hearing on a date not later tha n one month from the date on which
the leave is granted to the tenant to contest and shall hear the application from day to
day till the hearing is concluded and application decided.
(h) No appeal or second appeal shall lie against an order for the recove ry of
possession of any residential building made by the Controller in accordance with the
procedure specified in this sub-section:
Provided that the High Court may, for the purpose of satisfying itself that an order
made by the Controller under this sub -section is according to law, call for the records of
the case and pass such order in respect thereto as it thinks fit].
47[(3B) (a) Notwithstanding anything contained in this Act, a Non -resident Indian, on
an application made in this behalf to the Controller, 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:
Provided that the Non -Resident Indian had become the owner of such premises prior
to the creation of the tenancy in respect of the said premises, except where the non -
resident Indian had acquired ownership by inheritance.
(b) Where a Non -resident Indian recovers possession of the premises under above
section, he or she shall not transfer it through sale or any other means or let it out before
the expiry of a period of three years from the date of taking possession of the premises,
failing which, the evicted tenant may apply to the Controller for an order that he or she be
restored the possession of the said premises and the Controller shall make an order
accordingly.
(c) The controller shall pass an Order for eviction of tenant on an application by a
Non-resident Indian under clause (a) above supported by a certificate from the c oncerned
District Magistrate that he is a Non -resident Indian and is now willing to reside in the
State of Goa. The District Magistrate shall issue such certificate on an affidavit sworn by
Non-resident Indian before the Competent Authority to the effect that he does not possess
any other suitable residence in the local area where he or member of his family can
reside.
(d) Every application filed before the Controller under clause ( a) above shall be dealt
with in accordance with the procedure specified in sub-section (3A) and the provisions
thereof in so far as they are applicable, shall apply to such proceedings.
Explanation.— For the purposes of this sub -section, ―Non-resident Indian‖ means a
person residing outside India, who is either a citizen of Ind ia or is a person of Indian
origin].
48[(3C) (a) Notwithstanding anything contained in this Act, a landlord, who is
a senior citizen, or a widow, or a physically disabled person, on an application
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made in this behalf to the Controller, shall be entitled to recover possession of any
residential premises owned by him/her on the ground that such premises are
bonafide required by him/her for occupation by himself/ /herself.
(b) Where the senior citizen, or a widow, or a physically disabled person
recovers possession of the premises under clause (a), he or she shall not transfer it
through sale or any other means or let it out before the expiry of a period of three
years from the date of taking possession of the premises, failing which, the evicted
tenant may app ly to the Controller for an order that he or she be restored the
possession of the said premises and the Controller shall make an order
accordingly.
(c) The Controller shall pass an order for eviction of tenant on an application
by a senior citizen, or widow or a physically disabled person under clause (a)
above supported by documentary proof that such a person is a senior citizen, or a
widow, or a physically disabled person.
(d) Every application filed before the Controller under clause (a) above shall be
dealt with in accordance with the procedure specified in sub -section (3A) and the
provisions thereof in so far they are applicable, shall apply to such proceedings.
Explanation:— For the purposes of this sub-section,—
(i) senior citizen means a person who has attained the age of
60 years;
(ii) a widow includes a widower; and
(iii) a physically disabled person means a person who has suffered
disability at least to the extent of 40% and is so certified by a medical
authority specified under the Persons with Disabilities (Equal
Opportunities, Protection of Rights and Full Participation) Act, 1995
(Central Act 1 of 1996), as amended from time to time.]
(4) 49[save as provided in sub -sections ( 3) and ( 3A) any landlord] who desires to
exercise the right conferred by this section shall make an application to the Controller and
the provisions of sectExcerpt shown. Open the full act in Lexace.