Controversial sunset clauses to be withdrawn

Cabinet approves withdrawal of clauses from Agriculture Tenancy Act and Mundkar Act; New amendments to be introduced during ongoing Assembly session

Team Herald
PANJIM: In a major decision, the State Cabinet on Tuesday approved omission/withdrawal of the controversial Sunset Clause from the Goa Agricultural Tenancy (amendment) Act 2014 and Goa Mundkars (Protection and Eviction) (amendment) Act, 2014. The amendments will be introduced during the ongoing Monsoon Session of the Legislative Assembly.
The Cabinet, chaired by Chief Minister Laxmikant Parsekar, decided to omit or withdraw the sunset clause, as the government observed that there was confusion created in the minds of the people with regards to these clauses. “There would be no other changes in the Act,” Revenue Minister Francis D’Souza said.
The sunset clause had generated major controversy and opposition from various sections including political parties, tenants’ association and other affected parties. Besides the sunset clause, the parties wanted the entire amendment introduced during the 2014 Monsoon Session to be withdrawn.  
Both the amended Acts have already received the Governor’s assent and are being implemented.
The sunset clause in the Agriculture Tenancy Act (section 60C) gives tenants three years from September 25, 2014, to file an application declaring tenancy under Section 7 of the old Act. Under the Act, nearly 5000 tenancy cases pending before mamlatdars have been transferred to the Court of Senior Civil Judge to ensure that tenants become landlords at the earliest.
On the other hand, the sunset clause in Mundkars Act introduced by adding Section 37A was to make a provision that all applications under Section 8A and or Section 16 will have to be filled within a period of one year from the date of commencement of the amendment. “Further, it is provided that all such applications filed shall be disposed off within a period of one year from the date of receipt of such application,” the Act said. 
With over 2800 mundkars cases pending disposal, the government, with an aim of providing immediate relief to the mundkars from being evicted had amended the Act, wherein pending cases had to be disposed off within one year from receiving the complaint.

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