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Section 47: Repeal and Savings

The Goa Administration of Evacuee Property Act, 1964State Act of Goa · Act 6 of 1964

(1) The Proclamation No. XII dated 22nd January, 1962 issued by the Military Governor of Goa, Daman and Diu is hereby repealed.

(2) The repeal by this Act of the aforesaid Proclamation shall not affect the previous operation of that Proclamation and anything done or any action taken in the exercise of any power conferred by or under that Proclamation shall be deemed to have been done or taken in the exercise of the powers conferred by or under this Act as if this Act were in force on the day on which such thing was done or action was taken.

39 “47A. Power to remove difficulties.— If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act as appear to it be necessary or expedient for removing the difficulty.” Secretariat, S. BALAKRISHNAN, Panjim. Secretary to the Government December 31, 1964. of Goa, Daman and Diu.

-19- Clauses (a) and (aa) inserted vide (Amendment) Act No. 19 of 1989.

2 Clause (a) renumbered as clause (aaa) vide (Amendment) Act No. 19 of 1989.

3 The words “who is not an Indian Citizen and” in clause (b) omitted vide (Amendment) Act No. 14 of 1970, this omission is deemed to have come into force with effect from 24-12-1964.

4 Proviso inserted vide (Amendment) Act No. 9 of 1971.

5 Word ‘gainful’ is substituted by word ‘gainful’ vide Amendment Act No. 14 of 1970 this deemed to have come into force with effect from 24-12-1964.

6 Re-numbered by the Amendment Act 10 of 1965.

7 These words have been substituted for the words “in which an evacuee has any right or interest whether personally or as a trustee or as a beneficiary or in any other capacity” by (Amendment) Act No. 10 of 1965.

8 Inserted vide (Amendment) Act No. 19 of 1989.

9 After clause (g) of section 2 the clause (gg) is inserted vide (Amendment) Act No. 3 of 1995 published in Official Gazette, Extraordinary No. 4 dated 31-3-1995.

10 Clause (hh) is inserted vide (Amendment) Act No. 14 of 1970 this is deemed to have come into force with effect from 24-12-1964.

11 Clauses (kk), (kkk) and (kkkk) are inserted vide (Amendment) Act No. 19 of 1989.

12 For the words “but does not include a person who holds land on lease” the words “but does not include a successful bidder” substituted vide Amendment Act 42 of 2001.

13 Inserted by the Amendment Act 42 0f 2001.

14 Section 3 is substituted vide (Amendment) Act No. 19 of 1989, thereafter by the amendment Act 3 of 1995 sub-section “1-A” was inserted. Further by the Amendment Act 42 of 2001 existing section i.e. sub-section 1,1-A and 2 were re-numbered as sub-section [1] and new sub-section [2] inserted..

15 Proviso to sub-section (1) of section 4 omitted vide (Amendment) Act No. 6 of 1976.

16 The expression “clause (c)” in sub-section (1) (a) and sub-section (1) (b) of section 6 is substituted by “clause (b)” by (Amendment) Act No. 10 of 1965.

17 Clause (b) is substituted vide (Amendment) Act No. 14 of 1970 this is deemed to have come into force with effect from 24-12-1964.

18 Substituted by the Amendment Act 10 of 1965.

19 These words have been substituted for the words “property” and “clause (c)”, respectively, by Amendment Act No. 10 of 1965, published in the Government Gazette, Series I No. 12 dated 17-6-1965.

20 Inserted by the Goa Administration of Evacuee Property (Amendment) Act, 2001 (Goa Act 42 of 2001).

21 These words have been substituted for the words “subject to the provision of any rules” by (Amendment) Act No.

19 of 1989.

22 Proviso is added vide (Amendment) Act No. 14 of 1970, this is deemed to have come into force with effect from 24-12-1964.

23 Inserted vide (Amendment) Act No. 14 of 1970 and came in to force w.e.f. 18th November, 1970.

24 Inserted vide (Amendment) Act No. 19 of 1989.

25 Inserted by (Amendment) Act No. 19 of 1989.

26 These words have been substituted for the words “Subject to such rules” by (Amendment) Act No. 19 of 1989.

27 Substituted by (Amendment) Act No. 14 of 1970, published in the Government Gazette, Series I No. 36, and came into force w. e. f. 18-11-1970. original section read as follow :

“22. Appeals.- Any person aggrieved by an order made under section 5, section 18, section 31 or section 39 by the Custodian may prefer an appeal in such manner and within such time as may be prescribed to Government or to such authority or tribunal as may be prescribed and the decision of the Government or the authority or the tribunal, as the case may be, shall be final.” 28 Inserted by (Amendment) Act No. 14 of 1970, published in the Government Gazette, Series I No. 36, and came into force w. e. f. 18-11-1970.

29 These words and figure have been substituted for the words “Any person who fails to comply with”, by (Amendment) Act No. 19 of 1989, published in the Official Gazette, Series I No. 37 dated 14-12-1989.

30 Section 37 re-numbered as sub-section (1) by Amendment Act No. 14 of 1970 and came into force w.e.f. 18-11-

1970.

31 The words “or the Tribunal” inserted by Amendment Act No. 14 of 1970 and came into force w.e.f. 18-11-1970.

32 Sub-section (2) inserted by Amendment Act No. 14 of 1970 and came into force w.e.f. 18-11-1970.

33 Substituted by (Amendment) Act No. 10 of 1965.

34 These words and figure have been substituted for the words “Government may” by (Amendment) Act No. 19 of

1989.

35 The words “his opinion” have been substituted for the words “its opinion” by (Amendment) Act No. 10 of 1965.

36 These figures have been substituted for the figures “16” by (Amendment) Act No. 10 of 1965, published in Government Gazette, Series I No. 12, dated 17-6-1965.

37 Substituted by (Amendment) Act No. 10 of 1965.

38 Inserted by (Amendment) Act No. 19 of 1989.

39 Inserted by the Goa Administration of Evacuee Property (Amendment) Act, 2001 (Goa Act 39 of 2001).

GOVERNMENT OF GOA, DAMAN AND DIU Preliminary Evacuee Property and vesting thereof in the Custodian

7. Power of Custodian to take possession of evacuee property vested in him.—

11. Special provisions with respect to transfer of tenancy rights of evacuees.— Certain Consequences of Property Vesting in Custodian Property of intending evacuees

20. Powers of Custodian generally in respect of property of intending evacuees.

Appeals Penalties and Procedure Miscellaneous

32. Transactions relating to evacuee property void in certain circumstances.—

Where this provision sits

ActThe Goa Administration of Evacuee Property Act, 1964
Section47
Marginal noteRepeal and Savings
JurisdictionState of Goa
StatusIn force as published by the source

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