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Section 2: Definitions

The Goa, Buildings (Lease, Rent and Eviction) Control Act, 1968State Act of Goa · Act 2 of 1969

In this Act, unless the context otherwise requires,— 8[Omitted] 9[(a) “Agreement of leave and licence” means an agreement entered into by the landlord and the licensee containing the terms and conditions for using the building on leave and license;];

-2- 10(aa) “Appellate Board” means the Appellate Board constituted under sub-section

(1) of section 41;

11 (b) “Authorised Officer” means an officer appointed as such under sub-section

(2) of section 41;

12 (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;

(13d) “Controller” means a person appointed as a controller under sub-section (2) of section 41 and, except in section 42, includes an Additional Controller;

14[(da) “Deputy Collector” means the Deputy Collector having jurisdiction over the area where the building is situated;];

(15e) “fair rate” means the fair rate fixed under section 37 and includes the rate as revised under section 38;

16(f) “fair rent” means the fair rent fixed under Chapter III;

17[(g) “Government” means the Government of Goa];

(18 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;

(19i) “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;

20[(ia) “leave and license” means a permission granted by the landlord to the licensee for use of landlord’s building by the licensee for a specific period and purpose without transfer of landlord’s interest in the building;]

21[(ib) “licensee” means a person who is permitted by the landlord to use his building on leave and license;]

(22j) “manager of a hotel” includes any person in charge of the management of the hotel;

(23k) “member of the family” means— 24[(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 -3- 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;

(25l) “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;

(26m) “prescribed” means prescribed by rules made under this Act;

(27n) “Rent Tribunal” means the Rent Tribunal constituted under sub-section (1) of section 41;

(28o) “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 29[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.

Where this provision sits

ActThe Goa, Buildings (Lease, Rent and Eviction) Control Act, 1968
Section2
Marginal noteDefinitions
JurisdictionState of Goa
StatusIn force as published by the source

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