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 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’.
