← Back to Directory
The Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968
The Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968
Sections
1. Short title, extent and commencement.
Section 12. Definitions.
Section 23. Act not to apply to certain buildings.
Section 34. Notice of vacancy.
Section 45. Release of building for use of the landlord.
Section 56. Requisitioning of building.
Section 67. Landlord's right to occupy.
Section 78. Restriction on structural alterations to a building.
Section 89. Effect of failure to give notice and prohibition of letting.
Section 910. Occupation without giving notice of vacancy void.
Section 1011. Exemption of certain classes of buildings from Chapter.
Section 1112. Rent Tribunal to determine fair rent.
Section 1213. Increase in fair rent in what cases admissible.
Section 1314. Increase of rent in certain cases.
Section 1415. Landlord not to claim or receive anything in excess of fair rent.
Section 1516. Prohibition of receipt of premium.
Section 1617. Receipt to be given for rent paid.
Section 1718. Deposit of rent by tenant.
Section 1819. Time limit for making deposit and consequences of incorrect particulars in application for deposit.
Section 1920. Saving as to acceptance of rent.
Section 2021. Bar on eviction of tenants.
Section 2122. Grounds of eviction.
Section 2223. Landlord's right to obtain possession.
Section 2324. Saving in case of tenancy for a fixed term.
Section 2425. Controller to decide right to possession.
Section 2527. Consequences of failure of landlord to occupy premises vacated under section 25.
Section 2528. Vexatious proceedings.
Section 2829. Effect of dismissal of petition for ejectment.
Section 2930. Recovery of possession by landlord for repairs, alterations or additions or for reconstruction.
Section 3031. Recovery of possession by landlord for repairs, alterations or additions or for reconstruction of building the possession of which has been taken over under section 6.
Section 632. Payment or deposit of rent during pendency of proceedings for eviction.
Section 3233. Landlord's duty to keep building in good repair.
Section 3334. Execution of lease deed of a building.
Section 3435. Tenant's right to essential services.
Section 3536. Application of this Chapter.
Section 3637. Determination of fair rate.
Section 3738. Revision of fair rate.
Section 3839. No charges payable in excess of fair rate.
Section 3940. Recovery of possession by manager of a hotel or the owner of a lodging house.
Section 4041. Authorities.
Section 4142. Transfer of proceedings.
Section 4243. Powers of the Controller, the Rent Tribunal and the Appellate Board.
Section 4344. Procedure.
Section 4445. Appeal.
Section 4546. Revision.
Section 4647. Powers of appellate and revisional authorities.
Section 4748. Costs.
Section 4849. Recovery of compensation.
Section 4950. Execution of orders.
Section 5051. Orders under this Act to be binding on sub-tenants.
Section 5152. Proceedings by or against legal representatives.
Section 5253. Power of inspection.
Section 5354. Penalties.
Section 5455. Protection for acts done under this Act.
Section 5556. Jurisdiction of courts barred.
Section 5657. Power to remove difficulty.
Section 5758. Power to make rules.
Section 5859. Repeals and savings.
Section 59
goa-daman-and-diu-buildings-lease-rent-and-eviction-control-act-1968.json
•
58 Sections
•
Goa
{
"id": 16301,
"slug": "goa-daman-and-diu-buildings-lease-rent-and-eviction-control-act-1968",
"title": "The Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968",
"short_title": "The Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968",
"act_number": "Act No. 2 of 1969",
"act_year": 1968,
"act_type": "STATE",
"location": "Goa",
"law_status": "unknown",
"enactment_date": null,
"description": "The Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968",
"preamble": "",
"section_label": "Section",
"sections": [
{
"number": "1",
"title": "1. Short title, extent and commencement.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 0
},
{
"number": "2",
"title": "2. Definitions.",
"chapter": null,
"content": "(a) \"Administrative Tribunal\" means the Administrative Tribunal constituted under the Goa, Daman and Diu Administrative Tribunal Act, 1965;\n(b) \"Administrator\" means the administrator of the Union Territory of Goa, Daman and Diu appointed by the President under article 239 of the Constitution;\n(c) \"Appellate Board\" means the Appellate Board constituted under sub-section (1) of section 41;\n(d) \"Authorised Officer\" means an officer appointed as such under sub-section (2) of section 41;\n(e) \"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-\n(i) the garden, ground and out-houses, if any, appertaining to such building or part of the building;\n(ii) any furniture supplied by the landlord for use in such building or part of the building;\nbut does not include a room in a hotel or lodging house;\n[(f) \"Controller\" means a person appointed as a controller under sub-section (2) of section 41 and, except in section 42, includes an Additional Controller;]\n(g) \"fair rate\" means the fair rate fixed under section 37 and includes the rate as revised under section 38;\n(h) \"fair rent\" means the fair rent fixed under Chapter III;\n(i) \"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;\n(j) \"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;\n(k) \"manager of a hotel\" includes any person in charge of the management of the hotel;\n(l) \"member of the family\" means-\n\" [(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:\n(ii) in relation to a landlord who is a joint Hindu family, the members of such a family;\n(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;\n(m) \"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;\n(n) \"prescribed\" means prescribed by rules made under this Act;\n(o) \"Rent Tribunal\" means the Rent Tribunal constituted under sub-section (1) of section 41;\n(p) \"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 [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.",
"footnote": "",
"is_definition": true,
"sort_order": 1
},
{
"number": "3",
"title": "3. Act not to apply to certain buildings.",
"chapter": null,
"content": "(a) to any building belonging to the Government, or a State Housing Board, or a local authority, or Industrial Development Corporation;\n(b) to any building vested in the Custodian of Evacuee Property;\n(c) to any newly constructed building for a period of [\"fifteen\"] years from the date of its completion;\n[\"(cc) to any building let out or leased for the first time on or after 20-4-1994, whose monthly rent exceeds-\n(a) Rs. 2,500/- if such building is used for residential purpose;\n(b) Rs. 5,000/- if such building is used for commercial purpose\".]\n[\"(cc) (i) in clause (a), the expressions \"the 1st day of January, 1965, or\" and \"whichever is later\" shall be omitted;\n(ii) for the existing proviso, the following proviso shall be substituted, namely:-\n(d) as against the Government to any tenancy or other like relationship created by a grant from the Government in respect of a building, the possession of which has been taken over under Section 6.\nChapter II\nControl of letting",
"footnote": "",
"is_definition": false,
"sort_order": 2
},
{
"number": "4",
"title": "4. Notice of vacancy.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 3
},
{
"number": "5",
"title": "5. Release of building for use of the landlord.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 4
},
{
"number": "6",
"title": "6. Requisitioning of building.",
"chapter": null,
"content": "(b) If the landlord fails to deliver the possession on the date so specified, the Authorised Officer or any other officer empowered by him in this behalf may take possession of the building.\n(a) where the fair rent of the building is fixed under the provisions of Chapter III, the rent shall be the fair rent so fixed;\n(b) in all other cases, the rent shall be the reasonable rent as the Authorised Officer may determine:\n(a) where possession of the building has been handed over on the date specified in the order issued under sub-section (1), from the date on which the Authorised Officer received notice under sub-section (1) of section 4 or sub-section (2) of section 5, as the case may be;\n(b) in any other case, from the date on which the possession of the building has been taken over by the Authorised Officer or the officer empowered by him in this behalf.",
"footnote": "",
"is_definition": false,
"sort_order": 5
},
{
"number": "7",
"title": "7. Landlord's right to occupy.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 6
},
{
"number": "8",
"title": "8. Restriction on structural alterations to a building.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 7
},
{
"number": "9",
"title": "9. Effect of failure to give notice and prohibition of letting.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 8
},
{
"number": "10",
"title": "10. Occupation without giving notice of vacancy void.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 9
},
{
"number": "11",
"title": "11. Exemption of certain classes of buildings from Chapter.",
"chapter": null,
"content": "(a) to a residential building the monthly rent of which does not exceed twenty five rupees;\n(b) to a non-residential building the monthly rent of which does not exceed fifty rupees;\n(c) to any building or buildings in the same city, town or village owned by any company, association or firm, whether incorporated or not, and bona fide intended solely for the occupation of its officers, servants or agents.\nChapter III\nDetermination of fair rent",
"footnote": "",
"is_definition": false,
"sort_order": 10
},
{
"number": "12",
"title": "12. Rent Tribunal to determine fair rent.",
"chapter": null,
"content": "(a) [\"twelve per cent\"] of the market value of the building (including the land on which the building is constructed) as on [\"..\"] the date of the completion of the building, [\"...\"] and [\"Provided that the fair rent once fixed shall automatically stand increased by 2% per annum\"] .\n(b) fifty per cent. of the taxes or cesses levied by the local authority and payable per annum by the landlord in respect of the building including the land on which the building is constructed.",
"footnote": "",
"is_definition": false,
"sort_order": 11
},
{
"number": "13",
"title": "13. Increase in fair rent in what cases admissible.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 12
},
{
"number": "14",
"title": "14. Increase of rent in certain cases.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 13
},
{
"number": "15",
"title": "15. Landlord not to claim or receive anything in excess of fair rent.",
"chapter": null,
"content": "(a) any extra sum in addition to such fair rent, or\n(b) save as provided in section 13 or section 14, anything in excess of such fair rent:",
"footnote": "",
"is_definition": false,
"sort_order": 14
},
{
"number": "16",
"title": "16. Prohibition of receipt of premium.",
"chapter": null,
"content": "Chapter IV\nPayment and deposit of rent",
"footnote": "",
"is_definition": false,
"sort_order": 15
},
{
"number": "17",
"title": "17. Receipt to be given for rent paid.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 16
},
{
"number": "18",
"title": "18. Deposit of rent by tenant.",
"chapter": null,
"content": "(a) the building for which the rent is deposited with a description sufficient for identifying the building;\n(b) the period for which the rent is deposited;\n(c) the name and address of the landlord or the person or persons claiming to be entitled to such rent;\n(d) the reasons for and the circumstances in which the application for depositing the rent is made;\n(e) such other particulars as may be prescribed.",
"footnote": "",
"is_definition": false,
"sort_order": 17
},
{
"number": "19",
"title": "19. Time limit for making deposit and consequences of incorrect particulars in application for deposit.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 18
},
{
"number": "20",
"title": "20. Saving as to acceptance of rent.",
"chapter": null,
"content": "Chapter V\nControl on eviction of tenants",
"footnote": "",
"is_definition": false,
"sort_order": 19
},
{
"number": "21",
"title": "21. Bar on eviction of tenants.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 20
},
{
"number": "22",
"title": "22. Grounds of eviction.",
"chapter": null,
"content": "[(a) that the tenant is in arrears in payment of rent due by him in respect of the building for a total period of three months and has failed to pay or tender such arrears of rent as are legally recoverable from him within thirty days of the receipt of or of the refusal of a registered notice served on him by the landlord for such arrears; or] ;\n(b) that the tenant has without the written consent of the landlord-\n(i) transferred his right under the lease or sub-let the entire building or any portion thereof, or\n(ii) used the building for a purpose other than that for which it was leased; or\n(c) that the tenant has committed such acts of damage as are likely to impair materially the value or utility of the building; or\n(d) that the tenant has been guilty of such acts and conducts which are a nuisance to the occupiers of other portions of the same building or of buildings in the neighbourhood;\nExplanation.\n(e) that the tenant of a dwelling house has, whether before or after the commencement of this Act, built, acquired vacant possession of, or been allotted a residence [within an area of five kilometers radius for the outer limits of the city or village as the case may be, where such dwelling house is situated] ; or\n(f) that the tenant has ceased to occupy the building for a continuous period of four months without reasonable cause; or\n(g) that the tenant has denied the title of the landlord or claimed a right of permanent tenancy and that such denial or claim was not bona fide ;",
"footnote": "",
"is_definition": false,
"sort_order": 21
},
{
"number": "23",
"title": "23. Landlord's right to obtain possession.",
"chapter": null,
"content": "[* * *] .\n(a) in case it is a residential building,-\n(i) if the landlord is not occupying a residential building of his own in the city, town or village concerned and he requires it for his own occupation or for the occupation of any member of his family; or\n(ii) if the landlord who has more buildings than one in the city, town or village concerned is in occupation of one such building and he bona fide requires another building instead, for his own occupation;\n(b) in case it is a non-residential building which is used for the purpose of keeping a vehicle or adapted for such use, if the landlord requires if for his own or to the possession of which he is entitled in the city, town or village concerned which is own or to the possession of which he is entitled whether under this Act or otherwise:\n(i) in case he has obtained possession of a residential building for possession of another residential building of his own;\n(ii) in case he has obtained possession of a non-residential building for possession of another non-residential building of his own.\nExplanation.\n[23A. Right to recover immediate possession of premises to accrue to certain persons.\n(a) any rent in advance from the tenant, he shall, within a period of ninety days from the date of recovery of the premises by him, refund to the tenant such amount as represents the rent payable for the unexpired portion of the contract agreement or lease;\n(b) any other payment, he shall, within the period aforesaid, refund to the tenant a sum which shall bear the same proportion to the total amount as received, as the unexpired portion of the contract or agreement or lease bears to the total period of contract or agreement or lease:\n(a) a landlord, who is a member of the armed forces of the Union or who is an employee of the Central Government or Railways or any Public Sector Undertaking of the Central Government whose employees are subject to transfers from their original place of posting or who was such member or employee as the case may be, and is duly retired (which term shall include premature retirement), shall be entitled to recover possession of any premises on the grounds that the premises are bona fide required by him for occupation by himself or any member of his family (which term shall include a parent or other relation ordinarily residing with him and dependent on him), and the Controller shall pass an order for eviction on such grounds if the landlord, at the hearing of the suit, produces a certificate signed by the Head of his Services or his commanding Officer or by the Head of his Department or Head of the Public Sector Undertaking, as the case may be, to the effect that-\n(i) he is presently a member of the armed forces of the Union or employee of the Central Government or Railways or the Public Sector Undertaking of the Central Government or he was such member or employee as the case may be, and is now retired ex-serviceman or employee as the case may be; and\n(ii) he does not possess any other suitable residence in the local area where he or the members of his family can reside:\n(b) Where a member of the armed forces of the Union or employee of the Central Government or Railways or any Public Sector Undertaking of the Central Government whose employees are subject to transfers from their original posting place, as the case may be, dies while in services or such member is duly retired and dies within five years of his retirement, his widow who is or becomes a landlord of any premises, shall be entitled to recover possession of such premises, on the ground that the premises are bona fide required by her for occupation by herself or any member of her family (which term shall include her husband's parent or other relation ordinarily residing with her) and the Controller shall pass an order for eviction on such ground, if such widow, at the hearing of the suit, produces a certificate signed by the Area or Sub-Area Commander within whose jurisdiction the premises are situated or by the Head of Department or Head of the Public Sector Undertaking whereof, her deceased husband was employee to the effect that-\n(i) she is a widow of a deceased member of the armed forces or the employee of the Central Government or Railways or any Public Sector Undertaking of the Central Government, as the case may be; and\n(ii) she does not possess any other suitable residence in the local area where she or the members of her family can reside:\nExplanation 1.\n(i) \"armed forces\" means an armed force of the Union constituted under an Act of Parliament and includes a member of the police force constituted under the Police Act as applicable to the State of Goa;\n(ii) any certificate granted by the concerned authority thereunder shall be conclusive evidence of the facts stated therein.\nExplanation 2.\n[(c) The provisions of this sub-section shall be applicable to all applications including those pending proceedings before any Controller/Tribunal/Court and all such proceedings shall be disposed of in accordance with the provisions of this section.\n(d) During the pendency of proceedings for recovery of possession under this sub-section, the tenant shall continue the regular payment of rent due to the landlord or deposit such amounts with the Controller/Tribunal/Court for payment to the landlord:\nOLD LAW 6\n(a) a landlord, who is a member of the armed forces of the Union or who was such member and is duly retired (which term shall include premature retirement) shall be entitled to recover possession of any premises on the grounds that the premises are bona fide required by him for occupation by himself or any member of his family (which term shall include a parent or other relation ordinarily residing with him and dependent on him) and the Controller shall pass an order for eviction on such ground if the landlord, at the hearing of the suit, produces a certificate signed by the Head of his Services or his Commanding Officer to the effect that-\n(i) he is presently a member of the armed forces of the Union or he was such member and is now retired ex-serviceman;\n(ii) he does not possess any other suitable residence in the local area where he or the members of his family can reside;\n(b) Where a member of the armed forces of the Union dies while in service or such member is duly retired as stated above and dies within five years of his retirement, his widow, who is or becomes a landlord of any premises, shall be entitled to recover possession of such premises, on the ground that the premises are bona fide required by her for occupation by herself, or any member of her family (which term shall include her husband's parent or other relation ordinarily residing with her) and the Controller shall pass an order for eviction on such ground, if such widow, at the hearing of the suit, produces a certificate signed by the Area or Sub-Area Commander within whose jurisdiction the premises are situated to the effect that-\n(i) She is a widow of a deceased member of the armed forces as aforesaid;\n(ii) she does not possesses any other suitable residence in the local area where she or the member of her family can reside.\nExplanation 1.\nExplanation 2.\n(b) After an application under sub-section (3) is received, the Controller shall issue summons for service on the tenant in the form specified in the Schedule.\n(c) The summons issued under sub-clause (b) shall be served on the tenant as far as may be, in accordance with the provisions of Order V of the First Schedule to the Code of Civil Procedure, 1908 (Central Act 5 of 1908). The Controller shall in addition direct that a copy of the summons be also simultaneously sent by registered post acknowledgement due addressed to the tenant or his agent empowered to accept the service at the place where the tenant or his agent actually and voluntarily resides or carries on business or personally works for gain and that another copy of the summons be affixed at some conspicuous part of the building in respect whereof the application under sub-section (3)1 been made.\n(d) When an acknowledgement purporting to be signed by the tenant or his agent is received by the Controller or the registered article containing the summons is received back with an endorsement purporting to have been made by a postal employee to the effect that the tenant or his agent has refused to take delivery of the registered article and an endorsement is made by a process server to the effect that a copy of the summons has been affixed as directed by the Controller on a conspicuous part of the building and the Controller after such enquiry as he deemes fit, is satisfied about the correctness of the endorsement, he may declare that there has been a valid service of the summons on the tenant.\n(e) The tenant on whom the service of summons has been declared to have been validly made under clauses (c) or (d) of sub-section (3A), shall have no right to contest the prayer for eviction from the residential building unless he files an affidavit within 15 days from the date stating the grounds of service on which he seeks to contest the application for eviction and obtains leave from the Controller as hereinafter provided and in default of his appearance in pursuance of the summons or his obtaining such leave, the statement made by the landlord or, as the case may be, the widow, of such landlord in the application for eviction shall be deemed to be admitted by the tenant and the applicant shall be entitled to an order for eviction of the tenant.\n(f) The Controller may give to the tenant leave to contest the application if the affidavit filed by the tenant discloses such facts as would disentitle the landlord or, as the case may be, the widow, of such landlord from obtaining an order for the recovery of possession of the residential building under sub-section (3).\n(g) Where leave is granted to the tenant to contest the application, the Controller shall commence the hearing on a date not later than one month from the date on which the leave is granted to the tenant to contest and shall hear the application from day to day till the hearing is concluded and application decided.\n(h) No appeal or second appeal shall lie against an order for the recovery of possession of any residential building made by the Controller in accordance with the procedure specified in this sub-section:\n(b) Where a Non-resident Indian recovers possession of the premises under above section, he or she shall not transfer it through sale or any other means or let it out before the expiry of a period of three years from the date of taking possession of the premises, failing which, the evicted tenant may apply to the Controller for an order that he or she be restored the possession of the said premises and the Controller shall make an order accordingly.\n(c) The controller shall pass an Order for eviction of tenant on an application by a Non-resident Indian under clause (a) above supported by a certificate from the concerned District Magistrate that he is a Non-resident Indian and is now willing to reside in the State of Goa. The District Magistrate shall issue such certificate on an affidavit sworn by Non-resident Indian before the Competent Authority to the effect that he does not possess any other suitable residence in the local area where he or member of his family can reside.\n(d) Every application filed before the Controller under clause (a) above shall be dealt with in accordance with the procedure specified in sub-section (3A) and the provisions thereof in so far as they are applicable, shall apply to such proceedings.\nExplanation.",
"footnote": "",
"is_definition": false,
"sort_order": 22
},
{
"number": "24",
"title": "24. Saving in case of tenancy for a fixed term.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 23
},
{
"number": "25",
"title": "25. Controller to decide right to possession.",
"chapter": null,
"content": "*26. Special provision for certain classes of tenants.\n(i) against any tenant who is engaged in any employment or class of employment notified by the Administrator as an essential service for the purpose of this clause, unless the landlord is himself engaged in any employment or class of employment which has been so notified; or\n(ii) in respect of any building which has been let for use as an educational institution and is actually being used as such, provided that the institution has been recognized by the Administrator or any authority empowered by him in this behalf.\n* Vide Notification No. 10/4/85-RD dated 2-12-1985 in Appendix at page ...",
"footnote": "",
"is_definition": false,
"sort_order": 24
},
{
"number": "25",
"title": "27. Consequences of failure of landlord to occupy premises vacated under section 25.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 25
},
{
"number": "28",
"title": "28. Vexatious proceedings.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 26
},
{
"number": "29",
"title": "29. Effect of dismissal of petition for ejectment.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 27
},
{
"number": "30",
"title": "30. Recovery of possession by landlord for repairs, alterations or additions or for reconstruction.",
"chapter": null,
"content": "(a) that the building is reasonably and bona fide required by the landlord for carrying out repairs, alteration or additions which cannot be carried out without the building being vacated, or\n(b) that the building consists of not more than two floors and is reasonably and bona fide required by the landlord for the immediate purpose of demolishing it and such demolition is to be made for the purpose of erecting a new building on the site of the building sought to be demolished,\n(a) that he shall pay to the landlord the fair rent in respect of the building, provided that, in respect of the residential building, the tenant concerned shall not be required to pay a rent in relation to the area of more than double the rate at which he paid the rent for his former building immediately before delivering possession under sub-section (1);\n(b) that the re-occupation of the building or occupation of the new building as the case may be, shall, save as provided in condition (a) above, be on the same terms and conditions on which he occupied the building before the delivery of the possession under sub-section (1).",
"footnote": "",
"is_definition": false,
"sort_order": 28
},
{
"number": "6",
"title": "31. Recovery of possession by landlord for repairs, alterations or additions or for reconstruction of building the possession of which has been taken over under section 6.",
"chapter": null,
"content": "(a) that the building is reasonably and bonafide required by the landlord for carrying out repairs, alterations or additions which cannot be carried out without the building being vacated, or\n(b) that the building consists of not more than two floors and is reasonably and bonafide required by the landlord for the immediate purpose of demolishing it and such demolition is to be made for the purpose of erecting a new building on the site of the building sought to be demolished, pass an order directing the allottee to deliver possession of the building to the landlord before a specified date.",
"footnote": "",
"is_definition": false,
"sort_order": 29
},
{
"number": "32",
"title": "32. Payment or deposit of rent during pendency of proceedings for eviction.",
"chapter": null,
"content": "Chapter VI\nObligation of the landlord and the tenant",
"footnote": "",
"is_definition": false,
"sort_order": 30
},
{
"number": "33",
"title": "33. Landlord's duty to keep building in good repair.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 31
},
{
"number": "34",
"title": "34. Execution of lease deed of a building.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 32
},
{
"number": "35",
"title": "35. Tenant's right to essential services.",
"chapter": null,
"content": "Explanation.\n(a) be paid to the landlord by the tenant, if the application under sub-section (2) was made frivolously or vicariously;\n(b) be paid to the tenant by the landlord, if the landlord had cut off or withheld the supply or service without just and sufficient cause.\nExplanation I.\nExplanation II.\n[Chapter VII]\nHotels and lodging houses",
"footnote": "",
"is_definition": false,
"sort_order": 33
},
{
"number": "36",
"title": "36. Application of this Chapter.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 34
},
{
"number": "37",
"title": "37. Determination of fair rate.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 35
},
{
"number": "38",
"title": "38. Revision of fair rate.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 36
},
{
"number": "39",
"title": "39. No charges payable in excess of fair rate.",
"chapter": null,
"content": "(a) the manager of the hotel or the owner of the lodging house, as the case may be, shall not charge any amount in excess of the fair rate and shall not, except with the previous written permission of the Rent Tribunal, withdraw from the lodger any concession or service allowed at the time, when the Rent Tribunal determined the fair rate;\n(b) any agreement for the payment of any charges in excess of such fair rate shall be void in respect of such excess and shall be construed as if it were an agreement for payment of the said fair rate;\n(c) any sum paid by a lodger in excess of the fair rate shall be recoverable by him at any time within a period of six months from the date of the payment from the manager of the hotel or the owner of the lodging house or his legal representatives and may, without prejudice to any other mode of recovery, be deducted by such lodger from any amount payable by him to such manager or owner.",
"footnote": "",
"is_definition": false,
"sort_order": 37
},
{
"number": "40",
"title": "40. Recovery of possession by manager of a hotel or the owner of a lodging house.",
"chapter": null,
"content": "(a) that the lodger has been guilty of conduct which is a nuisance or which causes annoyance to any adjoining or neighbouring lodger;\nExplanation.\n(b) that the accommodation is reasonably and bona fide required by the owner of the hotel or lodging house, as the case may be, either for his own occupation or for the occupation of any person for whose benefit the accommodation is held, or any other cause which in the opinion of the Controller is sufficient; or\n(c) that the lodger has failed to vacate the accommodation on the termination of the period of the agreement in respect thereof; or\n(d) that the lodger has done any act which is inconsistent with the purpose for which the accommodation was given to him or which is likely to affect adversely or substantially the owner's interest therein; or\n(e) that the lodger has failed to pay the rent due from him.\nChapter VIII\nAuthorities, Procedure and Appeals",
"footnote": "",
"is_definition": false,
"sort_order": 38
},
{
"number": "41",
"title": "41. Authorities.",
"chapter": null,
"content": "(b) An Additional Controller shall exercise the same powers and discharge the same duties as a Controller.",
"footnote": "",
"is_definition": false,
"sort_order": 39
},
{
"number": "42",
"title": "42. Transfer of proceedings.",
"chapter": null,
"content": "(a) transfer any proceeding pending before him for disposal to any Additional Controller; or\n(b) withdraw any proceedings pending before any Additional Controller and dispose it of himself or transfer the proceeding for disposal to any other Additional Controller.",
"footnote": "",
"is_definition": false,
"sort_order": 40
},
{
"number": "43",
"title": "43. Powers of the Controller, the Rent Tribunal and the Appellate Board.",
"chapter": null,
"content": "(a) summoning and enforcing the attendance of any person and examining him on oath;\n(b) requiring the discovery and production of documents;\n(c) issuing commissions for the examination of witnesses;\n(d) any other matter which may be prescribed; and any proceeding before the Controller, the Rent Tribunal and the Appellate Board shall be deemed to be a judicial proceeding within the meaning of sections 193, 219 and 228 of the Indian Penal Code, and the Controller, the Rent Tribunal and the Appellate Board shall be deemed to be civil courts within the meaning of sections 480 and 482 of the Code of Criminal Procedure, 1898.",
"footnote": "",
"is_definition": false,
"sort_order": 41
},
{
"number": "44",
"title": "44. Procedure.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 42
},
{
"number": "45",
"title": "45. Appeal.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 43
},
{
"number": "46",
"title": "46. Revision.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 44
},
{
"number": "47",
"title": "47. Powers of appellate and revisional authorities.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 45
},
{
"number": "48",
"title": "48. Costs.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 46
},
{
"number": "49",
"title": "49. Recovery of compensation.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 47
},
{
"number": "50",
"title": "50. Execution of orders.",
"chapter": null,
"content": "Chapter IX\nMiscellaneous",
"footnote": "",
"is_definition": false,
"sort_order": 48
},
{
"number": "51",
"title": "51. Orders under this Act to be binding on sub-tenants.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 49
},
{
"number": "52",
"title": "52. Proceedings by or against legal representatives.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 50
},
{
"number": "53",
"title": "53. Power of inspection.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 51
},
{
"number": "54",
"title": "54. Penalties.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 52
},
{
"number": "55",
"title": "55. Protection for acts done under this Act.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 53
},
{
"number": "56",
"title": "56. Jurisdiction of courts barred.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 54
},
{
"number": "57",
"title": "57. Power to remove difficulty.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 55
},
{
"number": "58",
"title": "58. Power to make rules.",
"chapter": null,
"content": "(a) the procedure to be followed and the powers that may be exercised by the Controller, Rent Tribunal, Appellate Board, and Administrative Tribunal in the performance of their functions under this Act;\n(b) the manner in which notices and orders under this Act shall be given or served;\n(c) the setting aside of ex-parte orders passed under this Act;\n(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;\n(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;\n(f) the fee leviable in respect of applications and appeals under this Act;\n(g) any other matters which has to be, or may be, prescribed.",
"footnote": "",
"is_definition": false,
"sort_order": 56
},
{
"number": "59",
"title": "59. Repeals and savings.",
"chapter": null,
"content": "[Schedule\nForm of summons in a case where recovery of possession of building is prayed for under sub-section (3A) of section 23A\nForm of summons in a case where recovery of possession of building is prayed for under sub-section (3A) of section 23A\n(Name, description and place of residence of the tenant).\n(Name, description and place of residence of the tenant).\ncontroller]",
"footnote": "",
"is_definition": false,
"sort_order": 57
}
],
"metadata": {
"Act ID": "goa047",
"Act Number": "Act No. 2 of 1969",
"Enactment Date": "",
"Act Year": "1968",
"Short Title": "The Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968",
"Type": "STATE",
"Location": "Goa"
},
"updated_at": "2026-09-29 21:52:40"
}