Section 23A(3A) in The Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968
(3A)[ (a) Every application under sub-section (3) shall be dealt with in accordance with the procedure specified in this sub-section.(b)After an application under sub-section (3) is received, the Controller shall issue summons for service on the tenant in the form specified in the Schedule.(c)The summons issued under sub-clause (b) shall be served on the tenant as far as may be, in accordance with the provisions of Order V of the First Schedule to the Code of Civil Procedure, 1908 (Central Act 5 of 1908). The Controller shall in addition direct that a copy of the summons be also simultaneously sent by registered post acknowledgement due addressed to the tenant or his agent empowered to accept the service at the place where the tenant or his agent actually and voluntarily resides or carries on business or personally works for gain and that another copy of the summons be affixed at some conspicuous part of the building in respect whereof the application under sub-section (3)1 been made.(d)When an acknowledgement purporting to be signed by the tenant or his agent is received by the Controller or the registered article containing the summons is received back with an endorsement purporting to have been made by a postal employee to the effect that the tenant or his agent has refused to take delivery of the registered article and an endorsement is made by a process server to the effect that a copy of the summons has been affixed as directed by the Controller on a conspicuous part of the building and the Controller after such enquiry as he deemes fit, is satisfied about the correctness of the endorsement, he may declare that there has been a valid service of the summons on the tenant.(e)The tenant on whom the service of summons has been declared to have been validly made under clauses (c) or (d) of sub-section (3A), shall have no right to contest the prayer for eviction from the residential building unless he files an affidavit within 15 days from the date stating the grounds of service on which he seeks to contest the application for eviction and obtains leave from the Controller as hereinafter provided and in default of his appearance in pursuance of the summons or his obtaining such leave, the statement made by the landlord or, as the case may be, the widow, of such landlord in the application for eviction shall be deemed to be admitted by the tenant and the applicant shall be entitled to an order for eviction of the tenant.(f)The Controller may give to the tenant leave to contest the application if the affidavit filed by the tenant discloses such facts as would disentitle the landlord or, as the case may be, the widow, of such landlord from obtaining an order for the recovery of possession of the residential building under sub-section (3).(g)Where leave is granted to the tenant to contest the application, the Controller shall commence the hearing on a date not later than one month from the date on which the leave is granted to the tenant to contest and shall hear the application from day to day till the hearing is concluded and application decided.(h)No appeal or second appeal shall lie against an order for the recovery of possession of any residential building made by the Controller in accordance with the procedure specified in this sub-section:Provided that the High Court may, for the purpose of satisfying itself that an order made by the Controller under this sub-section is according to law, call for the records of the case and pass such order in respect thereto as it thinks fit] [Sub-section 3A inserted by Amendment Act (No. 20 of 1988) published in the Official Gazette, Series I No. 27 dated 6-10-1988.].[(3-B) (a) Notwithstanding anything contained in this Act, a Non-resident Indian, on an application made in this behalf to the Controller, shall be entitled to recover possession of any premises on the grounds that the premises are bona fide required by him for occupation by himself or any member of his family:Provided that the Non-Resident Indian had become the owner of such premises prior to the creation of the tenancy in respect of the said premises, except where the nonresident Indian had acquired ownership by inheritance.(b)Where a Non-resident Indian recovers possession of the premises under above section, he or she shall 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 premises, failing which, the evicted tenant may apply to the Controller for an order that he or she be restored the possession of the said premises and the Controller shall make an order accordingly.(c)The controller shall pass an Order for eviction of tenant on an application by a Non-resident Indian under clause (a) above supported by a certificate from the concerned District Magistrate that he is a Non-resident Indian and is now willing to reside in the State of Goa. The District Magistrate shall issue such certificate on an affidavit sworn by Non-resident Indian before the Competent Authority to the effect that he does not possess any other suitable residence in the local area where he or member of his family can reside.(d)Every application filed before the Controller under clause (a) above shall be dealt with in accordance with the procedure specified in sub-section (3A) and the provisions thereof in so far as they are applicable, shall apply to such proceedings.Explanation. - For the purposes of this sub-section, "Non-resident Indian" means a person residing outside India, who is either a citizen of India or is a person of Indian origin"] [Inserted by the Amendment Act 2009 (Act 11 of 2009) [4-6-2009] published in the Official Gazette, Series I No. 13 dated 23-6-2009 and came into force at once.]
