Reg. No. RNP/GOA/32/2024-2026 RNI No.

GOAENG/2002/6410

Panaji, 12th September, 2024 (Bhadra 21, 1946) SERIES I No. 24

PUBLISHED BY AUTHORITY

EXTRAORDINARY
GOVERNMENT OF GOA (2) It shall come into force at once.
Department of Law 2. Amendment of section 2.— In section 2
Legal Affairs Division of the Goa Irrigation Act, 1973 (Act No. 18 of
___ 1973) (hereinafter referred to as the “principal
Notification Act”), after clause (1), the following clause
shall be inserted, namely:—
7/13/2024-LA-157
The Goa Irrigation (Amendment) Act, 2024 “(1A) “Bulk user of water” means any
(Goa Act 16 of 2024), which has been passed person including an institution, a company
by the Legislative Assembly of Goa on or an establishment, whether Government
31-07-2024 and assented to by the Governor or not, including restaurant, hotel, multi
of Goa on 29-08-2024, is hereby published for dwelling unit, water treatment plant,
the general information of the public. desalination plant, or any other commercial
or industrial establishment, or an
D. S. Raut Desai, Joint Secretary (Law).
establishment dealing with activity of
Porvorim, 4th September, 2024.o construction, whose consumption of water
_______ exceeds 3000 cubic meters per day;”.
The Goa Irrigation (Amendment) 3. Insertion of new section 85A.— After
Act, 2024 section 85 of the principal Act, the following
section shall be inserted, namely:—
(Goa Act 16 of 2024) [29-08-2024]
“85A. Obligation of the Bulk user of
AN water.— Every Bulk user of water shall treat
ACT sewage, before its release, by adopting the
standards as specified by the Goa State
further to amend the Goa Irrigation Act, 1973 Pollution Control Board, failing which, he
(Act No. 18 of 1973). shall be charged a penalty of Rs. 10/- per
BE it enacted by the Legislative Assembly cubic meter of water supplied to him or
of Goa in the Seventy-fifth Year of the part thereof.”.
Republic of India as follows:—
SANDIP JACQUES,
1. Short title and commencement.— (1) This Secretariat, Secretary to the Government
Act may be called the Goa Irrigation Porvorim, Goa. of Goa, Law Department
(Amendment) Act, 2024. 4th September, 2024. (Legal Affairs).
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Suggestions are welcomed on e-mail: dir–[email protected]
 OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 24 (EXTRAORDINARY) 12TH SEPTEMBER, 2024

Notification 3. Substitution of section 346.— For section

346 of the principal Act, the following section
7/18/2024-LA-159
shall be substituted, namely:—
The Goa Succession, Special Notaries and
Inventor y Proceeding (Amendment) Act, “346. Declaration of heirship.— (1) After
the succession opens and the law does not
2024 (Goa Act 19 of 2024), which has been
require that mandator y inventor y
passed by the Legislative Assembly of Goa
proceedings be instituted to partition the
on 31-07-2024 and assented to by the
inheritance, heirship may be proved by a
Governor of Goa on 29-08-2024, is hereby deed of declaration of heirship drawn by the
published for the general information of the Special Notary.
public.
(2) For the purpose of execution of a deed
Dnyaneshwar Raut Dessai, Joint Secretary of declaration of heirship the interested
(Law). party shall submit an application in writing
Porvorim, 4th September, 2024.o before the Special Notary having jurisdiction
_______ over the place where the succession opens
upon death of the concerned estate leaver/
The Goa Succession, Special Notaries /deceased person as per section 8, clearly
and Inventory Proceeding (Amendment) stating therein the following details,
Act, 2024 namely:—
(Goa Act 19 of 2024) [29-08-2024]
(i) the name/s and permanent
AN residence of the deceased person/s;
ACT (ii) the place of death of deceased
further to amend the Goa Succession, Special person/s;
Notaries and Inventory Proceeding Act,
(iii) residence of the deceased person/s
2012 (Goa Act No. 23 of 2016). at the time of death;
BE it enacted by the Legislative Assembly
(iv) the time of death of the deceased
of Goa in the Seventy-fifth Year of the Republic
person/s (if such time of death is known
of India as follows:—
to the interested party);
1. Short title and commencement.— (1) This
(v) the name, address and contact
Act may be called the Goa Succession, Special
number of interested party;
Notaries and Inventor y Proceeding
(Amendment) Act, 2024. (vi) the right in which the interested
party claims heirship of the estate leaver/
(2) It shall come into force on such date, as
/deceased person;
the Government may, by Notification in the
Official Gazette appoint. (vii) the names, addresses and contact
numbers of all other legal heirs of the
2. Amendment of section 319.— In section
estate leaver/deceased person;
319 of the Goa Succession, Special Notaries
and Inventory Proceeding Act, 2012 (Goa Act (viii) the details of the family or other
No. 23 of 2016) (hereinafter referred to as the relatives of the deceased person/s
“principal Act”), after clause (b), the following alongwith their residential address and
clause shall be inserted, namely:— contact numbers; and
“(c) if the interested party/declarant does (ix) reason for execution of deed of
not comply with the provisions of declaration of heirship.
sub-sections (2), (4), (6), (7), (9) and (10) of
(3) Three persons and at least one of the
section 346.”.
interested parties shall have to declare on

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 OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 24 (EXTRAORDINARY) 12TH SEPTEMBER, 2024
oath before the Special Notary that the (8) In the event when a party to
interested party or parties named by them succession deed produces documents of his
are the only heir or heirs of the deceased identity and the names on the documents
person. If such deceased person was produced are different, the parties may
married, the name of the spouse shall also produce a cer tificate issued by the
be disclosed and whether the spouse is Mamlatdar for cer tifying the names
surviving or has expired. The interested appearing in different certificates are that
party shall also declare in the application, of one and the same person.
whether the value of the inheritance
(9) When all the interested parties are
exceeds Rs. 10 lakhs or not and he shall
abroad, a constituted attorney with special
disclose the names of the spouses of the
powers may make the declaration required
heirs, if any.
under sub-section (3).
(4) The declarants shall produce the (10) A person, who under the provisions
following documents:— of this chapter is not competent to be a
(a) death certificate of the deceased witness and a person who is a successor of
person; the presumed heir, shall not be competent
(b) will or gift deed mortis causa, when to be a declarant.
the succession is founded on such (11) If the declarant/s or the interested
document; party or parties or their attorneys, are found
(c) document/s to prove the to have knowingly made a false declaration,
relationship of the heir or heirs to the with regard to the particulars required
deceased person/s; under sub-section (3), they shall be liable
for penal action under sections 227 and 236
(d) the certified copies of photo identity
of the Bharatiya Nyaya Sanhita, 2023
proof of the interested party and all other
(Central Act No. 45 of 2023).
legal heirs as specified in the application
submitted under sub-section (2). (12) The fact that any person has been
brought on record in Court proceedings
(5) The provision of production of
other than inventory proceedings as legal
documents as specified in sub-section (4)
representative of the deceased, shall not
shall be scrupulously followed by the
amount to a declaration of heirship.
Special Notary and reference of all such
documents produced alongwith the (13) A deed of declaration of heirship shall
application shall be made by him to that be sufficient evidence for the purpose of, —
effect in deed of declaration of heirship. (i) mutation;
(6) The application under sub-section (2) (ii) transfer of shares;
shall be submitted in the manner as
(iii) withdrawal of money from a bank
prescribed under rules 14 and 15 of the
or other financial institution where the
Order VI of the Code of Civil Procedure, 1908
deposit does not exceed Rs. 50,000/-:
(5 of 1908) for signing and verification of the
pleadings and the date shall be mentioned Provided that where there is only one heir,
on the application. All the documents as there is no restriction on withdrawal of any
specified in sub-section (4) shall be annexed amount from the deposit.
to the application. (14) The application submitted by the
(7) Where a party is unable to produce a interested party under sub-section (2) shall
birth cer tificate, death certificate or a be a part of the record of the Special Notary
marriage cer tificate issued by the and it shall be preserved alongwith the
authorities, the party may produce an order other records.
or decree of the court certifying such birth, (15) The fee or duty on a deed of
death or marriage. declaration of heirship shall be as

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 OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 24 (EXTRAORDINARY) 12TH SEPTEMBER, 2024

prescribed, on each inheritance opened, (18) If the Special Notary has not received
irrespective of the number of heirs. any notice from the Court or the Plaintiff,
(16) The Special Notary recording the he shall, within 30 days of the publication
deed of declaration of heirship shall, at the of the extract, issue a certified copy of
expense of the interested party or parties, declaration of heirship, which shall contain
publish within 15 days, an extract of the an endorsement that no such commu-
declaration, disclosing the name and nication of institution of any suit has been
permanent residence of the deceased and received by him.
the names of the interested parties and
(19) Failure to file suit under sub-section
other identification par ticulars, in the
(17), shall not deprive the aggrieved party
Government Gazette. When the value of
inheritance exceeds Rs. 10 lakhs in all, such to challenge the deed of declaration within
extract shall also be published in an English the period of limitation.”.
newspaper and a newspaper in local 4. Amendment of section 361.— In section
language in circulation in the locality where 361 of the principal Act, for the expression “the
the deed is drawn. The Special Notary shall Indian Penal Code (45 of 1860)”, wherever it
require the interested party or parties to occurs, the expression “the Bharatiya Nyaya
advance the expenses towards the
Sanhita, 2023 (Central Act No. 45 of 2023)” shall
publication of the notice.
be substituted.
(17) Any person claiming to be an heir of
the deceased who has not been named in
the declaration may file a suit for declaration SANDIP JACQUES,
of heirship and consequential reliefs. If such Secretariat, Secretary to the Government
suit is filed, a notice thereof shall forthwith Porvorim, Goa. of Goa, Law Department
be given by the Court to the respective 4th September, 2024. (Legal Affairs).
Special Notary or by the Plaintiff in the suit,
enclosing a certified copy of the plaint.

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