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      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Constitution and Recognition of Tenants Association.
      • 4. Functions of the General Body.
      • 5. Duties of Members.
      • 6. Constitution and functions of the Managing Committee.
      • 7. Accounts of the Committee.
      • 8. Procedure for Lease of Fishing Rights and Trees on Bunds.
      • 9. Execution of works of repairs, etc.
      • 10. Powers of the Mamlatdar.
      • 11. Financial Assistance from Government.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Revenue Survey.
      • 4. Government to direct revenue survey and appoint officers.
      • 5. Service from holders of land and village officers.
      • 6. Assistance to be given by holders and others in measurement of lands.
      • 7. Survey numbers.
      • 8. Entry of survey numbers and sub-divisions in records.
      • 9. Amalgamation of Survey numbers and Sub-Divisions.
      • 10. Division of survey numbers into new survey numbers.
      • 11. Maintenance of records.
      • 12. Director to issue instructions and forms.
      • 13. City Survey.
      • 14. Survey Fee to be charged.
      • 15. Sanad to be granted.
      • 16. Fixation and demarcation of boundaries.
      • 17. Determination of village boundaries.
      • 18. Determination of field boundaries.
      • 19. Disputes regarding boundaries between villages, survey numbers and sub-divisions.
      • 20. Effect of settlement of boundary.
      • 21. Construction and repair of boundary marks of survey numbers and villages.
      • 22. Responsibility for maintaining boundary marks.
      • 23. Determination of responsibility for maintenance.
      • 24. Collector to have charge of boundary marks.
      • 25. Penalty for injuring boundary marks.
      • 26. Preparation of record of rights.
      • 27. Record of rights.
      • 28. Acquisition of rights to be reported.
      • 29. Issue of notice.
      • 30. Preparation of Index of Lands.
      • 31. Promulgation of record of rights.
      • 32. Mamlatdar responsible for maintenance of record of rights.
      • 33. Acknowledgement of reports under rule 28 and Register of Mutations.
      • 34. Notice of mutation and pencil entries in record of rights.
      • 35. Acknowledgement of objections.
      • 36. Mutation register to be examined by the Circle Inspector.
      • 37. Certification of mutation entries and disposal of dispute.
      • 38. Giving effect to the certified entries in mutation register in record of rights.
      • 39. Intimation of transfers by registering officer and giving effect to such transfer in record of rights.
      • 40. Register of cultivators and crops.
      • 41. Procedure of making entries in register of cultivators and crops.
      • 42. Finalising entries in register of cultivators and crops.
      • 43. Mutation entries corresponding to entries in register of cultivators and crops.
      • 44. Revenue Officer to exercise powers of survey officers.
      • 45. Inspection of record of rights.
      • 46. Entries made in pencil not to be accepted as evidence.
      • 47. Correction of clerical errors.
      • 48. Presumption of correctness of entries in record of rights and register of mutations.
      • 49. Bar of suits.
      • 50. Inspection of maps and land records and certified copies thereof.
      • 51. Continuance of survey operations at the commencement of the Rules.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Manner in which tenant to exercise right under Section 18B.
      • 4. Notice to be given by Mamlatdar after tiller's day and manner of recording statement of tenants.
      • 5. Manner of determining purchase price.
      • 6. Circumstances in which and conditions subject to which sanction shall be given by Mamlatdar under section 18K for transfer; etc.
      • 7. Issue of certificate of purchase by Mamlatdar to tenant.
      • 8. Mamlatdar to issue receipts.
      • 1. Short title, extent and commencement.
      • 2. Definitions.
      • 3. Extent of application.
      • 4. Persons deemed to be tenants.
      • 5. Right of persons holding on the date of liberation.
      • 6. Explanations.
      • 7. Question of tenancy.
      • 7A. Question as to nature of land.
      • 8. Bar to eviction and restoration of possession.
      • 8A. Relief in certain cases of threatened wrongful dispossession.
      • 9. Modes of termination of tenancy.
      • 10. Surrender by tenant.
      • 11. Termination of tenancy by landlord.
      • 12. Special provisions regarding termination for non-payment of rent.
      • 13. Tenancy during usufructory mortgage.
      • 13A. Tenant's right of first purchase.
      • 14. Rights of tenants are heritable.
      • 15. Sub-division, sub-letting and assignment prohibited.
      • 15A. Lands mortgaged to Government and co-operative societies.
      • 16. Bar to attachment, seizure or sale by process of Court.
      • 17.
      • 18. Procedure for taking possession.
      • 18A. Tenants deemed to have purchased lands on tillers' day.
      • 18B. Right of tenant to purchase land where he is a minor, etc.
      • 18C. Mamlatdar to issue notices and determine price of land to be paid by tenants.
      • 18D. Purchase price payable to the landlords.
      • 18E. Mode of payment of purchase price by tenant.
      • 18F. Amount of purchase price to be applied towards satisfaction of debts.
      • 18G. Recovery of purchase price as arrears of land revenue.
      • 18H. Purchase to be ineffective on tenant-purchaser's failure to pay purchase price.
      • 18I. Right of tenant whose tenancy has been created after tillers' day.
      • 18J. Power of Mamlatdar to resume and dispose of land not purchased by the tenant.
      • 18K. Restrictions on transfers of land purchased under this Chapter.
      • 18L. Power to make rules.
      • 19 to 22.
      • 23. Maximum Rent.
      • 24. Maximum Rent after Survey & Settlement.
      • 25. Compensation and penalty for excess recovery of rent.
      • 26. Liability for cost cultivation, tax, works etc.
      • 27. Bar to recovery of any other sum from tenant.
      • 28. Benefit of any suspension or remission of rent.
      • 29. General.
      • 30. Presumption as to rent and duty to give receipt.
      • 31. Tenant's right to trees on the land.
      • 32. Compensation for improvements made by tenant.
      • 33. Right to erect farmhouse.
      • 34. Maintenance of boundary marks.
      • 35. Repairs to protective bunds.
      • 36. Power to assume management.
      • 37. Prescription of standards of cultivation and management.
      • 38. Tenant's right to operate sluice gates.
      • 39. Construction of water course through land belonging to other person.
      • 40. Failure to pay rent to keep water course in good repair.
      • 41. Removal or discontinuance of water course.
      • 42. Neighbouring holder entitled to use surplus water on payment of rate.
      • 42A. Procedure for regulating the discharge of joint responsibility of tenants.
      • 43. Tribunal.
      • 44. Other functions of the Tribunal, etc.
      • 45. Powers of Tribunal.
      • 46. Commencement of Proceedings.
      • 46A. Powers of the Mamlatdar to inquire into contraventions.
      • 47. Power to transfer proceedings.
      • 48. Execution of order for payment of money or restoring possession.
      • 49. Appeals.
      • 50. Revision.
      • 51. Extent of powers in appeal or revision.
      • 52. Limitation and Court Fees.
      • 53. Procedure.
      • 54. Power to make rules for survey, etc.
      • 55. Lands held by Comunidades.
      • 56. Exemption.
      • 57. Delegation of powers.
      • 58. Bar to jurisdiction of Courts.
      • 58A. Bar on appearance by Pleaders.
      • 59. Power to give directions.
      • 60. Penalty.
      • 60A. Offences under the Act to be cognizable and compoundable.
      • 60B. Offences by Companies.
      • 61. Rules.
      • 62. Power to remove difficulties.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Time for making application to Mamlatdar under sub-section (4) of section 11.
      • 4. Form of application for recovery of arrears of rent under sub-section (2) of section 12.
      • 5. Manner of giving notices by the Mamlatdar or Tribunal.
      • 5A. Manner of giving notice under section 13-A(1) and signing readiness to purchase under section 13-A(2).
      • 5B. Manner of applying to the Collector under section 13-A (3) and manner of determining price of land under section 13-A (3).
      • 5C. Terms on which a loan may be granted under section 13-A(7).
      • 6. Forms of certificates under section 17 and fees therefore.
      • 7. Form of and period for making application under Section 18.
      • 8. Time for restoration of possession, if the landlord fails to cultivate land personally.
      • 9. Manner of apportioning rent on termination of tenancy in respect of part of land leased.
      • 10. Manner of conducting enquiries into application for possession of lands.
      • 11. Ascertainment of the gross produce.
      • 12. Penalty under section 25 for the recovery of rent in contravention of the provisions of section 23 or 24.
      • 12A. The conditions and the manner in which contributions towards the cost of repairs to bunds shall be made by Government.
      • 13. Form of receipt for rent and manner of giving such receipt.
      • 14. Application for determination of compensation for improvements made by tenants.
      • 15. Manner of making enquiry and publication of notice under section 36.
      • 15A. Regulation of standards of efficient cultivation and management.
      • 16. Principles for fixation of rent under sub-sections (2) and (3) of section 38.
      • 17. Application for construction of water course.
      • 18. Period for execution of agreement and the form of agreement.
      • 19. Qualifications of the members and the Chairman and constitution of the Tribunal.
      • 20. Applicant to supply more copies of application.
      • 21. Manner of execution of orders under section 48 of the Mamlatdar or the Tribunal or the Collector awarding or restoring possession.
      • 22.
      • 23. Court fees.
      • 24.

The Goa, Daman and Diu Agricultural Tenancy (Special Rights and Privileges of Tenants) Rules, 1977

Published vide Notification No. RD/TNC/RLS/290/76-77, dated 19-1-1978

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RD/TNC/RLS/290/76-77. - Whereas certain draft rules proposed to be framed under the Goa, Daman and Diu Agricultural Tenancy Act, 1964 were published at page 29 of the Official Gazette, No. 5 Series I dated 5th May, 1977 of the Revenue Department, Government of Goa, Daman and Diu inviting objections and suggestions from all persons likely to be affected thereby till 15 days from the date of publication of the said Notification in the Official Gazette;

And whereas the said Gazette was made available to the public on 5th May, 1977;

And whereas objections and suggestions received have been considered by the Government;

Now, therefore, in exercise of the powers conferred by section 61 read with section 18L of the Goa, Daman and Diu Agricultural Tenancy Act, 1964 (7 of 1964), the Government of Goa, Daman and Diu hereby makes the following rules, namely:-

1. Short title and commencement. - (1) These rules may be called the Goa, Daman and Diu Agricultural Tenancy (Special Rights and Privileges of Tenants) Rules, 1977.

(2) They shall come into force at once.

2. Definitions. - In these rules, unless the context otherwise requires:

(a) "Act" means the Goa, Daman and Diu Agricultural Tenancy Act, 1964;

(b) "Form" means a form appended to these Rules;

(c) "Section" means a section of the Act;

(d) words and expressions used, but not defined in these rules shall have the same meanings assigned to them in the Act.

3. Manner in which tenant to exercise right under Section 18B. - An intimation under sub-section (1) of section 18B shall be given in Form IA, by hand delivery or by Registered post.

4. Notice to be given by Mamlatdar after tiller's day and manner of recording statement of tenants. - (1) The public notice to be published or caused to be published by the Mamlatdar under section 18C shall be in Form IIA. The Notice shall be published [...] by affixing a copy thereof on the notice board of the Mamlatdar's Office and the village Panchayats Office in which the land is situated. For the purpose of serving a notice to the concerned parties the procedure under Rule 5 of the Goa, Daman and Diu Agricultural Tenancy Rules, 1965 shall, as far as practicable, be followed.

(2) The Mamlatdar shall record the statement of tenant under; sub-section (3) of section 18C on oath in any of the official languages of the territory. Such statement shall also be read over or explained to the tenant and his signature taken on it.

5. Manner of determining purchase price. - The Mamlatdar shall have due regard to the following factors while determining the net average annual income of the land under sub-section (2) of section 18D.

(a) value of any service or construction made by the landlord towards construction or repair of sluice gates, etc., if any;

(b) the expenses incurred by the landlord for maintenance of sluice gate, bunds, embankments, etc.;

(c) the benefit drived by the person in whom the right to operate the sluice gate, etc. was vested;

(d) the improvement of the land made by the tenant or landlord, if any;

(e) the increase in annual production and the value of other benefits derived by the tenants, etc.;

(f) the income from fisheries, if any, derived by the tenant or the landlord as the case may be;

(g) the nature of land, that is whether it is a single cropped or double cropped and the fertility of the soil;

(h) the irrigation facilities available;

(i) the location of the land vis-à-vis any public road, market place, etc.

(2) It shall be lawful for the Mamlatdar, as and when necessary, to secure the presence of the tenant, the landlord and any other person whom he considers necessary and examine them on oath by putting them questions for ascertaining:-

(a) whether the tenant is under any pecuniary obligation of the landlord;

(b) whether the landlord has made any adjustment with the tenant outside the proposed purchase price;

(c) whether the tenant has any objection to the purchase price;

(d) the financial position of the tenant;

(e) any other matter which the Mamlatdar thinks necessary to ascertain.

(3) The Mamlatdar may, if he thinks necessary, consult the Director of Agriculture or the Zonal Agricultural Officer, the Block Development Officers, the village Panchayats within the area concerned for obtaining their opinion or such other information while determining the purchase price.

6. Circumstances in which and conditions subject to which sanction shall be given by Mamlatdar under section 18K for transfer; etc. - The Mamlatdar may accord sanction for transfer of agricultural land under section 18K in any of the following circumstances, namely:-

(a) that the land is required for agricultural purpose by an industrial or a commercial undertaking in connection with any industrial or commercial operation carried on by such undertaking; or

(b) that the transfer is for the benefit of any Educational or Charitable Institution; or

(c) that the land is required by a Co-operative farming society; or

(d) that the land is being sold in execution of a decree of a civil court for the recovery of arrears of Land Revenue; or

(e) that the land is being sold by the landowner on the ground that he is permanently rendered in capable of cultivating the land personally any and none of the members of his family are willing to cultivate personally; or

(f) that the land is gifted in favour of a Religious or Charitable Institution;

(g) that the land being partitioned among the heirs/survivors of the deceased landowner;

(h) that the land is being leased by a landowner who is a minor; or a widow, or a person subject to any physical or mental disability or a member of the armed forces or among the land owners holding the land jointly.

7. Issue of certificate of purchase by Mamlatdar to tenant. - The certificate to be issued by the Mamlatdar to a tenant under sub-section (1) of section 18H shall be in Form IIIA.

8. Mamlatdar to issue receipts. - The Mamlatdar shall, as and when a tenant makes a deposit either of the instalment of the purchase price or the lumpsum of the purchase price, pass a receipt to the tenant duly certifying the receipt of the amount so deposited.

Form IA

(See Rule 3)

Intimation of desire to exercise the right of purchase conferred by sub-section (2) of section 18B.

To: .......

Dated ..........

Sir,

I am the tenant of the following land(s) of which you are the landlord:-

Taluka

Survey No.

Sub Div. No.

Area

Assessment






I am entitled to purchase the above land under sub-section (1) of section 18B of the Goa, Daman and Diu Agricultural Tenancy Act, 1964. I hereby inform you that I desire to exercise the said right in terms of clause ... (here specify clause (a), (b), (c) or (d) as the case may be, of section 18B(1), I am forwarding a copy of this letter to the Mamlatdar of ............ for taking further appropriate action.

Yours faithfully,
(Signature of tenant)

Copy forwarded to the Mamlatdar of ...... for information and necessary action.

Form IIA

(See Rule 4)

Notice under section 18C of the Goa, Daman and Diu Agricultural Tenancy Act, 1964.

Whereas under section 18A of the Goa, Daman and Diu Agricultural Tenancy Act, 1964 every tenant is deemed to have purchased the land held by him as a tenant; and whereas the Mamlatdar is required by sub-section (5) of section 18C to ascertain whether the tenant is willing to purchase the land and, if so, to fix its purchase price;

Now therefore the persons mentioned below, viz.:-

(a) All tenants who are deemed to have purchased lands in the locality ...

(b) All landlords of such lands, and

(c) All other persons interested therein,

are hereby called upon to appear before the Mamlatdar of ... at ... on the date and time shown against the land in the Schedule appended hereto in which they are respectively interested.

If any person fails to be present before the Mamlatdar at the appointed date and time without sufficient cause, it will be deemed that he has nothing to say in the matter and the enquiry will be proceeded within his absence.

Schedule

Survey No.

Sub Div. No.

Area

Date

Time






Place ...

Date ...

Signature
Mamlatdar of ...

Form IIIA

(See Rule 7)

Certificate of purchase under sub-section (1) or section 18H of the Goa, Daman and Diu Agricultural Tenancy Act, 1964.

Whereas Shri ... is the tenant of the land specified below belonging to the landlord Shri ... And whereas under the provisions of section 18E of the Goa, Daman and Diu Agricultural Tenancy

Act, 1964, the tenant Shri ... was required to deposit and has deposited Rs.... (in words) being the first instalment of the purchase price/being lumpsum of the purchase price payable in respect of the said land, it is hereby certified that the said tenant Shri ... shall be deemed to be the purchaser of the said land under the provisions of the said Act. The said land shall not be transferred by sale, gift, exchange, mortgage, lease or assignment or partitioned without the previous sanction of the Mamlatdar as provided by section 18K of the said Act.

[Schedule]

Revenue Village

Place of hearing

Date

Time




Place ........

Date ........

Signature

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