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Section 40: Repeal and saving

The Goa Mundkars (Protection from Eviction) Act, 1975State Act of Goa · Act 1 of 1976

On and from the appointed date—

(a) “Diploma Legislative No. 1952 of 26th November, 1959” as in force on that date shall stand repealed and any proceedings pending thereunder before the “Mamlatdar” or any other authority shall abate,

(b) section 17 of the Goa, Daman and Diu Agricultural Tenancy Act, 1964 shall stand repealed, 7 of 1964.

(c) the Goa, Daman and Diu (Protection from Eviction of Mundkars, Agricultural Labourers and Village Artisans) Act, 1971 shall stand repealed and the provisions of sections 6 and 24 of the General Clauses Act, 1897; as applied to the Union territory of Goa, Daman and Diu by the Goa, Daman and Diu General Clauses Act, 1965 shall apply to such repeal.

12 of 1971 Central Act 10 of 1897. 7 of 1965.

 It came into force in the District of Goa w.e.f. 12-3-1976 by Notification No.

RD/MND/ACT/241/66-76 dated 10-3-1973 -----17----- ______________________________________________________________________________

1. The words “Daman and Diu” omitted vide Goa Act No.20 of 2021.

2. The words “whether such house was constructed by the mundkar at his own expense or at the bhatkar’s expense or with financial assistance from the bhatkar” omitted by the Amendment Act 10 of 1985.

3. Inserted by the Amendment Act 2 of 1996. However Hon’ble High Court of Bombay at Goa in the Writ Petition No. 86 of 1997 by the Judgement dated 16th December, 2003 hold that the Act are ultravires Article 14 read with Article 13 (2) of the Constitution of India. Thereafter same provisions were made by the Amendment Act 11 of 2005 and come into force on the day from which earlier amendment was made in to force.

4. Inserted by the Amendment Act 2 of 1996. However Hon’ble High Court of Bombay at Goa in the Writ Petition No. 86 of 1997 by the Judgement dated 16th December, 2003 hold that the Act are ultravires Article 14 read with Article 13 (2) of the Constitution of India. Thereafter same provisions were made by the Amendment Act 11 of 2005 and come into force on the day from which earlier Amendment was made in to force.

5. The expression “If the bhatkar does not possess such land the Mamlatdar may provide for the same following the provisions under section 16.” Omitted by the Amendment Act 1 of 1977.

6. Inserted by the Amendment Act 9 of 1991.

7. Inserted by the Amendment Act 9 of 1991.

8. Inserted by the Amendment Act 2 of 1993.

9. Inserted by the Amendment Act 18 of 1978.

10. Inserted by the Amendment Act 6 of 1995. However Hon‟ble High Court of Bombay at Goa in the Writ Petition No. 86 of 1997 by the Judgment dated 16th December, 2003 hold that the Act are ultravires Article 14 read with Article 13 (2) of the Constitution of India. Thereafter same provisions were made by the Amendment Act 11 of 2005 and came into force on the day from which earlier amendment was made in to force.

11. Substituted by the Amendment Act 8 of 1979.

12. Substituted in place of “Where a mundkar fails to deposit the first instalment or the lumpsum, as the case may be, on or before the due date, the amount due shall bear an interest of six percent per annum” by the Amendment Act 1 of 1977.

13. Sub-section 10 omitted.

14. Inserted by the Amendment Act 4 of 1998.

15. The words “and also in the local newspapers” omitted by the Amendment Act 12 of 1990.

16. Section 37-A and 37-B inserted vide Amendment Act 14 of 2014.

17. Section 37-A omitted vide Amendment Act 10 of 2015.

18. Inserted by the Amendment Act 41 of 2001.

Preliminary Rights and Liabilities 16[37A. 17[omitted ]

Where this provision sits

ActThe Goa Mundkars (Protection from Eviction) Act, 1975
Section40
Marginal noteRepeal and saving
JurisdictionState of Goa
StatusIn force as published by the source

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