GOA (EXTENSION OF THE PROVINCIAL INSOLVENCY ACT) ACT, 1968

Act No. 01 of 1968

31st January, 1968

AN ACT to provide for the extension of the Provincial Insolvency Act, 1920, to the Union territory of Goa, Daman and Diu, and for certain other matters. Be it enacted by the Legislative Assembly of Goa, Daman and Diu in the Eighteenth Year of the Republic of India as follows:--

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S.1 Short title and commencement

(1) This Act may be called the Goa 1[***] (Extension of the Provincial Insolvency Act) Act, 1967.

(2) It is came into force on 1-6-1978.

1. Omitted by Goa Laws (Amendment) Act, 2021, for the followings:- ", Daman and Diu"

S.2 Extension and amendment of Provincial Insolvency Act, 1920

(1) The Provincial Insolvency Act, 1920 (Central Act 5 of 1920) as in force on the date of commencement of this Act in the territory to which it generally extends (hereinafter referred to as the "said Act") is hereby extended to, and shall be in force in the Union territory of Goa, Daman and Diu, hereinafter referred to as the said territory.

(2) On the commencement of this Act, the said Act shall stand amended as specified in section 3.

S.3 Amendment of Central Act 5 of 1920

In the said Act,--

• (1) in section 2, in sub-section (1),--
  • (i) in clause (e), the word "and" occurring at the end shall be omitted;
  • (ii) after clause (e), the following clause shall be inserted, namely:-- "(ee) "State Government" in relation to the Union territory of Goa, Daman and Diu means the administrator thereof; and";
• (2) for the words "High Court" (Whether in the singular or in the plural), wherever they occur, the words "Judicial Commissioner's Court" shall be substituted;
• (3) in section 6,--
  • (i) in clause (g), the word "or" occurring at the end shall be omitted;
  • (ii) in clause (h), the word "or" shall be inserted at the end;
  • (iii) after clause (h), the following clause shall be inserted, namely:-- "(i) if, after a creditor has served an insolvency notice on him in respect of a decree or an order for the payment of any amount due to such creditor, the execution of
    

S.4 Repeal and savings

On and from the date on which the provisions of the said Act come into force in the said territory, the corresponding provisions of any law in force in the said territory shall stand repealed:

Provided that the repeal shall not affect --

• (a) the previous operation of the provisions so repealed or anything duly done or suffered thereunder,
• (b) any right, privilege, obligation or liability acquired, accrued or incurred under the provisions so repealed,
• (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against the provisions so repealed, or
• (d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid,

and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if the said provisions had not

S.5 Rules of construction

(1) In the said Act, any reference to any provision of law not in force, or to any functionary not in existence, in the said territory, shall be construed as a reference to the corresponding law in force or to the corresponding functionary in existence, in the said territory:

Provided that --

• (i) if any question arises as to who that corresponding functionary is, or
• (ii) if there is no such corresponding functionary,

the Lieutenant Governor of Goa, Daman and Diu Shall decide as to who is or will be such functionary and his decision shall be final.

(2) For the purpose of facilitating the application of the said Act in relation to the said territory, any court or other authority may construe it in such manner not affecting the substance as may be necessary or proper to adapt it to the matter before the court or other authority.