The GOA 1 ADMINISTRATIVE TRIBUNAL ACT, 1965
Goa · state statute
Open in Lexace · Ask the AI about this actTHE GOA 1 [ ] ADMINISTRATIVE TRIBUNAL ACT, 1965 No. 6 of 1965) An Act to constitute an Administrative Tribunal for the Union Territory of Goa, Daman and Diu, to invest it with jurisdiction in certain matters and to provide for matters connected therewith. Be it enacted by the Legislative Assembly of Goa, Daman and Diu, in the Sixteenth Year of the Republic of India, as follows:— 1. Short title, extent and commencement.–– (1) This Act may be called the Goa 2[...] Administrative Tribunal Act, 1965. (2) It extends to the whole of 3[―the State of Goa‖]. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. Synopsis Enforcement of Act: The said Act came into force on 21st April, 1965 vide Notification No. LD/21/65 Dated 20th April 1965 in the Union Territory Goa, Daman and Diu. 2. Definitions.–– In this Act, unless the context otherwise requires,— a) 4[―...] [‗Additional President‘ means the Additional President of the Tribunal.] (b) Official Gazette means the Government Gazette; (c) prescribed, except where it occurs in the expression prescribed by regulation means prescribed by rules made under this Act; 5[―(cc) ―President‖ means the President of the Tribunal.‖] (d) State Government means 6[―the Government of Goa.‖] (e) Tribunal means the Administrative Tribunal constituted by this Act. 3. Constitution of Tribunal.–– 7[(1) The State Government shall, by Notification in the Official Gazette, constitute for each district of the State, a Tribunal to exercise the jurisdiction, perform the functions and discharge the duties entrusted to it by or under this Act or any other law for the time being in force. (2) Each Tribunal shall consist of a President and an Additional President, as the State Government may deem fit. Both, the President as well as the Additional President, shall have co- extensive powers and concurrent jurisdiction to deal with cases filed in the Tribunals. The Additional President shall decide such cases as are made over to him by the President]. (3) The qualifications for a person to be appointed as 8[President or Additional President] shall be such as may be prescribed. 9[Provided that the President and the Additional President shall be persons who have such legal qualifications or experience as may be prescribed]. 10[(4) The President and the Additional President shall hold office until they attain the age of sixty years: Provided that the President or the Additional President who has already attained the age of sixty years on the date of commencement of the Goa Administrative Tribunal (Amendment) Act, 2012 shall cease to hold office with effect from the 1st day of October, 2012]. Synopsis Rules: The Government vide Notification No 4-2-98-LD (Vol-I) Part/828 dated 31/5/2010 notified the Rules under title the Goa Administrative Tribunal (Appointment, Conditions of Service of President and Additional President) Rules, 2010. 11[3A–Tribunal for the North Goa District . — On and from the date of commencement of the Goa Administrative Tribunal (Amendment) Act, 2009, the Tribunal constituted and functioning for the State of Goa, shall be deemed to be the Administrative Tribunal for the North Goa District and the President and the Additional President appointed under the Act shall continue to function as the President and Additional President, respectively, for the Tribunal for the North Goa District]. 4. Vacancies, etc., not to invalidate acts and proceedings of Tribunal.–– (1) No Act done by the Tribunal and no proceedings before it shall be questioned on the ground merely 12[...] any defect in the constitution of the Tribunal. 13[...] 5. Sittings and decisions of Tribunal.–– (1) 14[The Tribunal shall ordinarily sit at District Head Quarters in North Goa and in South Goa District, respectively] but, may sit at any other place convenient for the transaction of the business, which the 15[―President‖] with the approval of the State Government, may, by general or special order, notify in the Official Gazette. 16[―(2) The Tribunal shall sit in such manner as may be prescribed by regulations‖]. 17[…] 6. Jurisdictio if Tribuoal.–– The Tribunal shall have all such jurisdictin as was exercisable by the Tribunal Administratve in relatin ti appeals against decisiins and irders–– (a) if the administratirs if cincelhis; (b) if the administratirs if Cimunidades; (c) if the administratirs if Municipalites ir ither autinimius bidies; and (d) in electin maters pertaining ti Municipalites ir ither lical authirites in respect if which appeals ti the said Tribunal were alliwed under any law in firce immediately befire the 19th December, 1961: Privided that if the jurisdictin in relatin ti any mater specified abive is cinferred upin any ither tribunal ciurt ir ither authirity by ir under any ither law fir the tme being in firce, the Tribunal shall nit exercise such jurisdictinn Explaoatio.— The reference ti the administratir in this sectin shall be cinstrued as a reference alsi ti any ither authirity with a diferent designatin which exercises functins if, ir cirrespinding ti, thise if the administratir under the relevant lawn (2) The Tribunal shall alsi have jurisdictin in relatin ti any ither mater if such jurisdictin is cinferred by ir under any Act if the Legislature if the State if Gian (3) The Tribunal shall have ni jurisdictin in any mater which is pending in a ciurt if law ir which, in its ipiniin, invilves a questin as ti the validity if any enactment fir the tme being in fircen Synopsis Tribunal (for the purposes of the Goa, Daman and Diu Administration of Evacuee Property Act, 1964. The Government vide Notification No. HD/33/5335/74-P dated 22 nd May, 1974 appointed Administrative Tribunal under the provisions of section 22-A of the Evacuee Property Act, 1964 (6 of 1964) as Tribunal for said Act. Appellate Tribunal under the provision of 184 B of the Goa Municipality Act : The Government vide Notification number 313/2/86-PW & UD dated 2o/7/1994 notified Administrative Tribunal as Municipal Appellate Tribunal and President of the Tribunal appointed as Presiding Officer. This order further supersed vide order No. 3013/2/86-PW&UD/2576 dated 6-1-1997. Under Goa Value Added Tax Act, 2005 : The Government vide Notification No. 4/5/2005-Fin (R&C) (20) dated 16/8/2005 also conferred the power to Tribunal under the Goa Value Added Tax Act, 2005 (Goa Act 9 of 2005) Under Goa Entertainment Tax Act, 1964: The Government vide Notification No. 3/2/2006-Fin(R&C) (20) dated 11/9/2015 also conferred the power to the Tribunal under sub section 10 of Section2 B of the Goa Entertainment Tax Act, 1964 (Act 2 of 1964) 18[6A – Transfer of Appeal, Revision, Application, other matters pending before Tribunal. — Notwithstanding anything contained in this Act or any other law for time being in force all appeals, revisions, applications, other matters etc. relating to South Goa District, received and registered under section 6 of the Act and pending before the Tribunal at Panaji, immediately before the commencement of the Goa Administrative Tribunal (Amendment) Act, 2009, shall, on such commencement stand transferred to the Tribunal for the South Goa District and the President of the Tribunal for the South Goa District shall proceed to deal with such appeals, revisions, applications, etc., from the stage which was reached before such transfer or from any earlier stage or de-novo, as the President may deem fit]. 7. Tribunal to have powers of civil court .–– (1) 19[The Tribunal shall, while exercising its jurisdiction, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (Central Act 5 of 1908) in respect of the following matter, namely:-‖] (i) taking evidence on oath, affirmation or affidavit; (ii) summoning and enforcing the attendance of witnesses; (iii) compelling the discovery and production of documents and material objects; (iv) requisitioning any public record or any copy thereof from any court or office; (v) issuing summons for examination of witnesses or production of documents; and 20[―(vi) any other matter which may be prescribed.‖] 21[(1A) In any proceeding, other than an original proceeding, which is pending before it, the Tribunal may, if it thinks necessary direct that such further investigation be made, or such additional evidence be taken; or may itself take such additional evidence; or may remand the case for disposal with such direction as it deems fit.] (2) The Tribunal shall be deemed to be a civil court for all the purposes of 22[―sections 195, 345(1) and 346 of the Code of Criminal Procedure, 1973 (Act No. 2 of 1974)‖] and, its proceedings shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code. (3) In the case of any affidavit to be filed, any officer appointed by the Tribunal in this behalf may administer the oath to the deponent. Synopsis Affidavit: The Tribunal vide order No 610/AT/96/Affidavit dated 5th September 1996 order that affidavits and affirmations to be used before the Tribunal shall, in the absence of Registrar, be sworn and affirmed before the Head Clerk, and in the absence of both, before the senior most UDC. Power of Civil Court Rules: the Government vide Notification No. LD/Adm./Tri./486/R/75Dated 31-12-1976 notified Rules under title the Goa, Daman and Diu Administrative Tribunal (Powers of Civil Court) Rules, 1976. 8. Government to be heard and Government Pleader to assist in certain cases .–– (1) If at any stage of any proceedings before the Tribunal, it appears to the Tribunal that the proceedings raise a question as to the interpretation of a law which is of such a nature and of such public importance that it is expedient to issue notice to the State Government, the Tribunal shall issue notice to the State Government and that Government may, if it thinks fit, appear; the Tribunal shall then hear the State Government before deciding the question. (2) If it appears to the State Government that the interpretation of a provision of a law in any proceedings before a Tribunal is of such a nature and of such public importance that it is expedient that the State Government should be heard before decision of the question, it may apply to the Tribunal to be heard in the proceedings and the Tribunal shall not decide the question without hearing the State Government. (3) The Tribunal may, whenever it considers it necessary, require the assistance of the Government Pleader on any matter or in any case or class of cases pending before it and, in such cases may direct the payment of such fees or honoraria as may be prescribed. 9. Finality of decisions of Tribunal.–– Subject to the other provisions of this Act, every order of decision of the Tribunal shall be final and conclusive. 10. Power of review.–– The Tribunal may, either on its own motion or on the application of any party interested and where the State Government it heard under section 8, on the application of the State Government, review its own order or decision in any case and pass in reference thereto such order as it think just and proper: Provided that no such application made by any party shall be entertained unless the Tribunal is satisfied that there has been discovery or new and important matter or evidence which after the exercise of due diligence was not within the knowledge of such party or could not be produced by the party at the time when its order or decision was made, or that there has been some mistake or error apparent on the face of the record or for any other sufficient reason: Provided further that no such order or decision shall be varied or revised unless notice has been given to the parties interested to appear and be heard in support of such order. (2) An application for review under sub-section (1) by any party or by the State Government shall be made within ninety days from the date of the order or decision of the Tribunal: Provided that in computing the period of limitation, the provisions of the Limitation Act, 1963, applicable to application for review of a judgment or order of a civil court shall, as far as may be, apply to application for review under this section. 11. Execution of Orders.–– (1) All final orders of the Tribunal shall be executed, as far as may be, in the same manner as a decree of a civil court. 12. Indemnity.–– (1) The 23[―President or the Additional President] of the Tribunal shall not be liable to be sued or proceeded against in any court for any act done or ordered to be done by him or by the Tribunal in the discharge of his or its duty whether or not within the limits of his or its jurisdiction: Provided that he, at the time, in good faith believed himself to have jurisdiction to do or order the act complained of. (2) No officer or other person bound to execute the lawful orders of the Tribunal shall be liable to be sued or proceeded against in any court, in respect of the execution of such orders. 13. Power to make rules.–– (1) The State Government may, by notification in Official Gazette, make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for the following matters, namely:–– (a) the process and other fees to be paid and the deposits to be made by the parties to the proceedings before the Tribunal and the manner of accounting of all moneys received by the Tribunal; 24[―(b) the matter in respect of which powers may be vested in the Tribunal;‖] (c) the fee ir hiniraria ti be paid ti the 25[―President ir the Additinal President‖] ir the Givernment Pleader; (d) any ither mater which has ti be, ir may be prescribed ir privided fir by rulesn (3) All rules made under this Act shall be published in the Official Gazette and shall be laid on the table of Legislative Assembly after they are made and shall be subject to such modifications as the Assembly may make during the Session in which they are so laid. 14. Power to make regulations.–– (1) Subject to the provisions of this Act and the rules made thereunder and to the previous approval of the State Government, the 26[―President‖] may make regulations for regulating the practice and procedure before the Tribunal. (2) In particular and without prejudice to the generality of the foregoing power, the 27[―President‖] may make regulations for the following matters, namely: (a) the award of costs by the Tribunal; (b) the right of audience before the Tribunal; (c) 28[nnn] (3) The regulatins made in this Sectin shall be published in the Ofcial GaGeten Synopsis Regulaton under sub-sectton (1) : The Chairman of the Tribunal with the previous sancton of the Government Notfied Reululaton 19g71 vide Notficaton number ADM/TRTRITRRG/GTR1TR71 dated 22nd April, 19g71 . 15. Traositioal.–– (1) Nitwithstanding anything cintained in this Act ir in any ither law fir the tme being in firce the Administratve Tribunal cinsttuted by irder if the State Givernment Nin Ln Dn 45/64 dated the 26th June, 1964, shall be deemed ti have been validly cinsttuted in accirdance with law and the President and Members thereif appiinted by the same irder shall be deemed ti have been duly appiinted in accirdance with law and the said President and Members shall be the Chairman and Members respectvely if the Tribunal under this Act, untl appiintments are made in their placesn (2) Any priceeding pending immediately befire the cimmencement if this Act befire the Tribunal cinsttuted under the irder referred ti in sub-sectin (1) shall be dealt with and dispised if by the Tribunal under this Act as if insttuted befire itn 16. Repeal.–– (1) in the cimmencement if this Act, the privisiins if the Refirma Administratva Ultramarina dealing with the cinsttutin, irganisatin and piwers if the Tribunal Administratve shall stand repealedn (2) The privisiins if the General Clauses Act, 1897, shall apply ti such repeal as if the said Refirma Administratva Ultramarina and this Act were Central Actsn (3) In respect if any mater fir which rules ir regulatins may be made under this Act, the cirrespinding privisiins, if any, in the Refirma Administratva Ultramarina shall cintnue ti be in firce untl such rules ir regulatins are maden 17. Piwer ti remive difcultes.–– The State Givernment may, by irder, di anything, nit incinsistent with this Act, fir remiving any difculty which arises in giving efect ti the privisiins if this Act: Privided that the piwer under this sectin shall nit be exercisable afer the expiry if a periid if twi years afer the cimmencement if this Actn Synopsis Tribunal shall have and exerctise the power to audit the actctounts: The Government vide order No. L. D. 251TR65 dated 18th June 19g65 clarified that the Tribunal shall have and exercise the power to audit the accounts of associatons, corporatons, temples, mosques, charitable insttutons, asylums and other such insttutons, in accordance with the provisions of Artcle 663 of the Reforma Administratva Ultramarina and Leulislatve Diploma No. 1650 dated 13-9g-19g65. Tribunal shall not remain ctlosed in the month of Octtober: The Government vide order No. LDTR346TR65 dated 3 rd September 19g65 also notfied that Tribunal shall not remain closed in the month of October. Stamp applictatons, memoranda of appeal and other doctuments presented to the Goa, Daman and Diu Administratve Tribunal: The Government vide order No. LDTRNTR80TR66 dated 12 December 19g66 directed that notwithstandinul anythinul to the contrary in any other law it shall not be necessary to stamp applicatons, memoranda of appeal and other documents presented to the Goa, Daman and Diu Administratve Tribunal, with the Public Assistance stamps (Assistencia Publica). Secretariat, Sn BALAKRISHNAN, Panajin Secretary ti the Givernment March 29, 1965n if Gia, Daman and Diun __________________________________________________ 1 The wirds ―Daman and Diu‖ imited by (Amendment) Act, 1996(4 0f 1997)n 2 The words ―Daman and Diu‖ omitted by (Amendment) Act, 1996(4 0f 1997). 3 These words have been substituted for the words ―Union Territory of Goa, Daman and Diu‖ by (Amendment) Act, 1996 (4 of 1997). 4 Clause (a) of sub-section 2 omitted, (Amendment) Act, 1996; thereafter present clause is inserted by the Goa Administration Tribunal (Amendment) Act, 2001(54 of 2001). 5 Clause ―cc‖ has been inserted by (Amendment) Act, 1996 (4 of 1997). 6 These words have been inserted by the Amendment Act 1996 (4 0f 1997). 7 Present sub-section (1) and (2) of section 3, substituted by the (Amendment) Act 6 of 2009, before that by the Amendment Act, 2001 (Act 54 of 2001) sub-section (2) was substituted. In the year 1996 by (Amendment) Act,1996 (Goa Act No. 4 of 1997) sub-section (2) was substituted as below: The Tribunal shall consist of a President who shall be appointed by the State Government. The original sub-section (2) reads as follows: ―The Tribunal shall consist of a Chairman and such number of other Members as may be determined by the State Government.‖ 8 The words ―Chairman or a Member‖ have been substituted by the word ―President‖ by the Amendment Act, 1996 (4 of 1997). Thereafter the word ―President or Additional President‖ was substituted by the Goa Administration Tribunal (Amendment) Act, 2001. 9 Proviso is substituted by the Goa Administrative Tribunal (Amendment) Act, 2001. 10 Inserted vide the Goa Administrative Tribunal (Amendment) Act, 2012. Earlier by the Amendment Act, 2010 the Age of the President and Additional President was made 65 years. 11 Inserted by the Amendment Act 6 of 2009 12 The words and figure ―of the existence of any vacancy in, or‖ have been omitted by the Amendment Act,1996 (4 of 1997). 13 Sub-section (2) of section 4 omitted by the Amendment Act, 1996 (4 of 1997). 14 Substituted by the Amendment Act (Act 6 of 2009) 15 The word ―Chairman‖ have been substituted by the word ―President‖ by the Amendment Act, 1996 (4 of 1997). 16 Sub-section (2) of section 5 has been substituted by (Amendment) Act, 1996. 17 A new sub-section (6) was inserted by the Amendment Act (Act 1 of 1981) thereafter sub-sections (3), (4), (5) and (6) omitted by the Amendment Act, 1996 (Act 4 of 1997). 18 Inserted by the Amendment Act (Act 6 of 2009). 19 Sub-section (1) of section 7 substituted by (Amendment) Act, 1980 (Act 1 of 1981). 20 Clause (vi) has been substituted by Amendment Act (Act 1 of 1981). 21 Sub-section (1A) inserted by (Amendment) Act, 1975 (Act 15 of 1975). 22 These words and figures have been substituted for the words and figures ―sections 195, 480 and 482 of the Code of Criminal Procedure, 1898‖ vide (Amendment) Act, 1996 (Act 4 of 1997) [O. G., Series I No. 51 (Extraordinary No. 3) dated 25-3-1997]. 23 These words have been substituted for the words ―Chairman or any other member‖ vide (Amendment) Act, 1996 (Act 4 of 1997). Thereafter by the (Amendment) Act, 2001 (Act 54 of 2001) in place of word ―President‖ the word ―President or the Additional President‖ was substituted. 24 Clause (b) of sub-section (2) of section 13 has been substituted vide (Amendment) Act, 1980 (Act 1 of 1981). 25 The words and figures ―Chairman or any other member‖ has been substituted by the word ―President‖ vide (Amendment) Act, 1996 (Act 4 of 1997). Thereafter by the (Amendment) Act, 2001 (Act 54 of 2001) in place of word ―President‖ the words ―President or the Additional President‖ are substituted. 26 The words ―Chairman‖ has been substituted by the word ―President‖ vide (Amendment) Act, 1996 (Act 4 of 1997). 27 The word ―Chairman‖ has been substituted by the word ―President‖ by the Amendment Act, 1996 (Act 4 of 1997). 28 Clause ―(c)‖ has been omitted by the Amendment Act, 1996 (4 of 1997).