Amendment status not verified — confirm the current text below against the official source.
Power to make rules.— (1) The 65[Government] may, by notification in the Official Gazette and subject to the conditions of previous publication, make rules to carry out the purposes of this Act. (2) Without prejudice to the generality of the fore-going power such rules may provide for:— (a) the procedure to be followed and the powers that may be exercised by the Controller, Rent Tribunal, 66[and Appellate Board] in the performance of their functions under this Act; (b) the manner in which notices and orders under this Act shall be given or served; (c) the setting aside of ex-parte orders passed under this Act; (d) the application for bringing on record legal representatives of deceased persons who were parties to proceedings under this Act and the time within which such application shall be preferred; (e) the procedure to be followed in taking possession of building and in disposing of the articles found therein at the time of taking possession; -26- (f) the fee leviable in respect of applications and appeals under this Act; (g) any other matters which has to be, or may be, prescribed. (3) In making a rule under this section the 67[Government] may provide that a person who contravenes any of the provisions thereof shall be punishable with fine which may extend to one thousand rupees. (4) Every rule made under this Act shall, as soon as may be after it is made, be laid on the table of the Legislative Assembly of Goa, 68 [omitted] and if before the expiry of the session in which it is so laid or the session immediately following, the Assembly makes any modification in the rule or decides that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. (f) Repeals and savings.— (1) As from the date on which this Act is brought into force in any local area, the provisions of Decree No. 43525, dated the 7th March, 1961, and Legislative Diploma No. 1409, dated the 14th February, 1952 and the corresponding provisions of any other law for the time being in force shall stand repealed in that area. (2) Notwithstanding the repeal of the laws by sub-section (1), all suits and other proceedings under a repealed law pending at the commencement of this Act before any court or authority shall be continued and disposed of in accordance with the provisions of the repealed law as if that law had continued in force and this Act had not been passed: Provided that in any such suit or proceeding for the fixation of fair rent or for the eviction of a tenant from any building, the court or other authority shall have regard to the provisions of this Act. Provided further that the provisions for appeal under the repealed law shall continue in force in respect of suits and proceedings disposed of thereunder. -27- 69[SCHEDULE Form of summons in a case where recovery of possession of building is prayed for under Sub-section (3A) of section 23A (Name, description and place of residence of the tenant). Whereas Shri … has filed an application (a copy of which is annexed) for your eviction from … (here insert the particulars of the building) under sub-section (3A) of the Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968. Now, therefore, you are hereby summoned to appear before the Controller within fifteen days of the service thereof and to obtain the leave of the Controller to contest the application for eviction under sub-section (3A) of the said Act, in default whereof, the applicant will be entitled at any time after the expiry of the said period of fifteen days to obtain an order for your eviction from the said residential building. Leave to appear and contest the application may be obtained on an application to the Controller supported by an affidavit as is referred to in clause (f) of sub-section (3A) of section 23A of the said Act. Given under my hand and seal this ... day of ... 19 ... [controller] Secretariat, R. L. Segel, Panaji, Secretary to the Government of Goa, 11th March, 1969. Law Department (Legal Affairs). -28-