PANJIM: The BJP-led
government is set to reintroduce the Goa
Succession, Special Notaries and Inventory Proceeding Bill, drafted by its
predecessor, wherein the government intends to
replace the Portuguese Civil Code on the subject of succession,
inventory and notarial law, with State laws, to meet the present day
requirements and to make it workable. The 2016 Bill is likely to be tabled in the
forthcoming Budget Session.
The bill had been first introduced on January 14,
2005, and later referred to the Select Committee, but after dissolution of the House,
the Bill lapsed. As such the
then Digambar Kamat government in 2008 re-tabled the Bill but it was again referred to the Select Committee headed by then
MLA and current Deputy Chief Minister Francis D’Souza. As the Bill failed to
get passed during the Congress term, it stands lapsed.
“We have
now decided to reintroduce the Bill during the coming session. The Bill is the need
of the Hour as due to the Portuguese Civil Code the litigants are facing
hardship in their application thus delaying in disposing of cases,” D’Souza,
who is also Minister for Revenue, told Herald.
“It’s been
54 years since Goa got liberated from Portuguese rule. We have to adapt to the social change and
Goa is now part of India. Considering that the laws in force were applicable to
an altogether different set of political circumstances, it has become necessary
to amend the law to meet the present day requirements and to make it workable,”
He added.
On Tuesday,
D’Souza met with senior High Court advocates, to decide on how to go ahead with
the Bill by making necessary changes to the 2008 version. Another meeting is
scheduled on March 12. “It’s been over seven years now since the bill was
introduced in the House. The senior advocates are of the opinion that the government
should not face any hardship in passing the Bill as it will give relief to
Goans to a larger extent,” the Minister said.
The provisions of the law
relating to succession, notaries and inventory proceeding were dispersed in the
Civil Code, 1867, in force with effect from August 1,1870, as amended from time
to time; the Civil Procedure Code of 1939 in force from January 1, 1941; Notarial law Dated November 14,
1952. All these became laws of the land by virtue of section 5 of the Goa,
Daman and Diu (Administration) Act, 1962 (1 of 1962) until amended by competent
Legislature.
The Minister
said that the provisions are
in Portuguese and hence the courts, the members of the Bar and the litigants
faced practical difficulties in their applications. This caused delays in
disposing of cases.
The 2008
Bill had intended to consolidate the various provisions of law relating to
succession and inventory proceedings in property matters, and notaries into one
‘comprehensive, rational and integrated legislation to facilitate their
application and implementation by the bench, the bar and litigants’.
