Section 13 in The Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Rules, 1969
13. Procedure for taking possession of the building and procedure for disposal of articles.
- Whenever an order is passed under the Act by the Controller or the Administrative Tribunal directing the taking of possession of any building or eviction of any person in occupation of any building, the following procedure shall be adopted in this behalf :-(1)The Controller may authorise in writing a subordinate officer, to take possession of the building or evict the person in occupation from the building, as the case may be.(2)The officer so authorized shall, at any time between the hours 8 a.m. to 7 p.m., visit the building and intimate in writing the person in actual possession of the building and the landlord, if he is residing in the same building or near about, that he will take possession after expiry of twenty four hours from the time of giving the said intimation, unless before the expiry of the said period, vacant possession of the building is handed over to him, or as the case may be, the person to be evicted vacates the building. After the expiry of the period aforesaid, the officer shall take possession of the building or evict the person in occupation of the building and may use such force as may be reasonably necessary for that purpose.(3)If free access to the building is not afforded to the officer authorised under sub-rule (1), he may after giving reasonable warning and facility to withdraw to any woman not appearing in public according to the custom of the country, remove or open any lock or bolt or break open any door or do any other act which in his opinion is necessary for taking possession of the building or evicting the person in occupation of such building.(4)If at the time of taking possession of the building or evicting the person in occupation of the building, it is found that the building contains any furniture or any other articles which are not in the nature of permanent fixtures of the building, the officer authorised under sub-rule (1) shall make a panchanama of such furniture and articles and as far as possible keep them locked in one room and put a seal thereon. He shall also submit a report alongwith the panchanama to the Controller.(5)The Controller shall cause a notice to be pasted on the prominent place on the outer side of the building, calling upon the owner of the furniture and articles found in the building, to establish his ownership of the said furniture and articles and to carry them away within one month from the date of the notice. If the furniture or articles are not removed within the aforesaid period of one month, the Controller may cause the same to be sold by auction and to credit the sale proceeds to Government.(6)The provisions of the foregoing sub-rules shall mutatis mutandis apply to the order passed by the Administrative Tribunal directing the taking of possession of any building or eviction of any person in occupation of any building.
