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State of Goa - Section

Section 3 in The Goa, Daman and Diu Administration of Evacuee Property Act, 1964

3. [ Act to override other laws. [Section 3 is substituted vide (Amendment) Act No. 19 of 1989, thereafter by the amendment Act 3 of 1995 sub-section '1-A' was inserted. Further by the Amendment Act 42 of 2001 existing section i.e. sub-section 1,1-A and 2 were re-numbered as sub-section [1] and new sub-section [2] inserted.]

- [1] - On and from the date of coming into force of the Goa Administration of Evacuee Property (Amendment) Act, 1989, the provisions of the Goa, Daman and Diu Agricultural Tenancy Act, 1964 (Act 7 of 1964), for the time being in force, shall apply in respect of agricultural land and tenancies created by the Custodian.Notwithstanding anything contained in sub-section (1), the provisions of the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975 (Act 1 of 1976), for the time being in force, shall apply to evacuee properties vested in the Custodian under section 6 of the Act.The provisions of this section shall, save as otherwise expressly provided, have effect notwithstanding anything to the contrary contained in any instrument having effect by virtue of any such law.]"[2] - Notwithstanding anything to the contrary contained in any Act, custom or usage, contract, order or decree of any Tribunal or Court or of the Custodian under the principal Act or any other authority. -
(i)every person who is in occupation, as on the 30th day of June, 2000, of any dwelling house situated on the evacuee property vested in the Custodian under the principal Act.-
(a)shall be deemed to be a Mundkar of his dwelling house;
(b)shall be entitled for certificates of purchase in respect of the dwelling house on payment of the price determined in accordance with the provision of the Goa, Daman and Diu Mundkars (Protection of Rights) Act, 1975 (Act No.1 of 1976); and
(c)shall also be deemed as purchaser of the purposes of the Act; and
(ii)every person evicted from his dwelling house situated on the evacuee property vested in the Custodian under the principal Act on and from the date of coming into force of this Act and up to the 30th day of June, 2000, shall be entitled to restoration of his dwelling house if he makes an application to the Mamlatdar within one year from the date of coming into force of this Act:
Provided that the Mamlatdar shall dispose of the application so filed within 3 months of such filing."