TEAM HERALD
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PANJIM: The Goa Land (Prohibition on Construction) (Amendment) Act, 2013 states that on any land belonging to the Government in case of any encroachments, perpetrators are liable to imprisonment of three years or fine that can extend to Rs 50,000 or both. This includes all land including that where there have been encroachments by religious structures.
The bill amended the Goa Land (Prohibition on Construction) Act, 1995 with the amendments notified by Pramod Kamat Law Secretary, saying that this land includes land leased by or belonging to any corporation, autonomous body or institution belonging to or controlled by the Government where initially the punishment was three months or a fine of upto Rs 2000.
The amendments also specify that if any person responsible for taking action (as per sub–section (1) of section 6), after receiving the information about any illegality under the Act does not take any action within a period finalized by the government, the officer in charge can be fined Rs 50 per day for the days he delayed in taking action ~ subject to a maximum of Rs 5000 ~ after he is convicted by the Judicial Magistrate First Class. But, first a complaint has to be filed by the government, either by the Administrative Secretary or any officer authorised by the government.
According to the Act, “The local authority of the area or such authority as specified by the Government in this behalf, may remove or cause to be removed any construction done in contravention of section 4 on the basis of entries in Form I & XIV or the records as maintained under rules 3 and 16 of the Goa, Daman and Diu Land Revenue (Records of Rights and Register of Cultivators) Rules, 1969, that the land belongs to the Government, a local authority and or a Comunidade….”
But when the Government, a local authority and a Comunidade is a co-occupant of the land the proceedings under this section will be started only after partitioning the land and altering the records.
The amendments also specify that construction material found “dumped, piled or kept in the land belonging to the government, a local authority or a Comunidade” it can be attached, unless the person has written permission from the authorities.
New sections, like protection against any suit, prosecution or other legal proceeding for actions in good faith under this Act; bar of suits and prosecution, have been added under the amendment.
