Local Goa News

Saturday, August 6, 2016

Portuguese Civil Code replaced because of ‘social changes’

Legislature passes bill to replace Portuguese civil code as ‘Goa is a part of India’; Assembly nod for Goa Succession, Special Notaries and Inventory Proceeding Bill, 2012; House had referred bill to House Select Committee and passed in original format


PORVORIM: The Legislative Assembly on Friday unanimously passed the much-delayed ‘Goa Succession, Special Notaries and Inventory Proceeding Bill, 2012,’ by which the government proposes to replace the Portuguese Civil Code on succession, inventory and notarial law, with State laws, to meet the present day requirements and to make it workable.
The Bill, tabled in 2012 was referred to the House Select Committee for consideration and it was decided to present the bill in the original format for passing. Deputy Chief Minister and Minister for Revenue Francis D’Souza on Friday tabled the Bill in the House.
“Considering the need to take into account the social changes and the new situations arising from the fact that Goa is now a state of the Union of India and Goans are citizens of India and considering also that the laws which in force were applicable to an altogether different set of political circumstances, it has become necessary to amend the law to meet the present day requirements and to make it workable,” the Bill reads.
While passing the bill, Deputy Speaker Vishnu Wagh, who was chairing the session, said that the Bill is a first of its kind passed in the country and could set an example to other states.
Right from Liberation the provisions of the law relating to succession, notaries and inventory proceeding were dispersed in the Civil Code, 1867, in force with effect from August 1,1870, as amended from time to time; the Civil Procedure Code of 1939 in force from  January 1, 1941; Notarial law dated November 14, 1952 became laws of the land by virtue of section 5 of the Goa, Daman and Diu (Administration) Act, 1962 (1 of 1962) until amended.
The Bill intends to consolidate the various provisions of the law relating to succession and inventory proceedings in property matters, and notaries into one ‘comprehensive, rational and integrated legislation to facilitate their application and implementation by the bench, the bar and litigants’.
“A pressing need was felt to consolidate the various provisions of law into one comprehensive, rational and integrated legislation, to facilitate their application and implementation by the Bench, the Bar and the litigants,” the Bill states.
The Bill, also takes a more humane and fair outlook on illegitimacy, on mentally challenged persons, and on those who were earlier denied property rights because of social stigma

Herald Goa News

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