HERALD REPORTER
PANJIM, Feb 5
The Goa Assembly on Thursday passed a Bill to protect the property rights of
Non-Resident Indians and enable them to recover possession of their premises.
Moved by Revenue Minister Jose Philip D’Souza, the Goa Buildings (Lease, Rent
and Eviction) Control (Amendment) Bill, 2008, was passed after the proposed
amendments recommended by the Selection Committee were incorporated in the Bill.
The Bill however says the new provision will enable the NRI to recover the
possession of his/her premises provided the premises are “bonafide required” by
him for occupation by himself/herself or any member of his/her family.
The Amendment Bill was first introduced in the Goa assembly in February 2008 and
after suggestions from members, it was referred to a Select Committee headed by
the Revenue Minister.
The seven-member committee consisted of Opposition Leader Manohar Parrikar,
Reginaldo Lourenco, Laxmikant Parsekar, NIlkanth Halarnkar, Francis Silveira
and Agnelo Fernandes which was assisted by Secretary (legislature) R
Kothandaraman, Under Secretary N B Sudhedar and Section Officer H F Noronha.
As per the amendment proposed by the Select Committee and which was passed by
the Goa Assembly today, a NRI who recovers possession of a premise under the
amended provision, he or she should 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 premise, failing which the evicted tenant may apply
to the Controller for an order that he or she be restored the possession of the
said premise and the controller may give an order accordingly.
The Select Committee met thrice – first time on 24th March 2008 – when it was
decided to seek public opinion on the Bill and to elicit views from NRI
Commission and others.
At the second meeting held 23rd January 2009, several members including the
Opposition Leader raised strong objections to the present content of the Bill as
there was scope for abuse of those provision by NRIs to evict tenants for
transferring the property recovered by immediate possession to land grabbers,
builders, etc. It suggested that the Bill be redrafted with adequate safeguards
against the perceived misuse.
Accordingly, two amendments were proposed at the last meeting. One was saying
that the NRI had become the owners of the premise before the creation of the
tenancy in respect of the said premise except where the NRI had acquired
ownership by inheritance. The second says that the NRI cannot transfer the
premises through sale or any other means for at least three years.
The Bill also deals with the right to recover immediate possession of premises
which accrues in favour of certain persons and in terms of sub-section (3) of
the Act, 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, shall be entitled to recover possession of any
premises on the grounds that the premises are bonafide required by him for
occupation by himself or any member of his family.

Didier José de Melo
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