English — official source version
1)_agricultural_tenancy_act_and_rules_1964-not_ocr.pdf.txt
Manual of Goa Laws (Vol. I) – 243 – Agricultural Tenancy Act & Rules
Agricultural Tenancy Act, 1964
and Rules, 1965
Manual of Goa Laws (Vol. I) – 244 – Agricultural Tenancy Act & Rules
Manual of Goa Laws (Vol. I) – 245 – Agricultural Tenancy Act & Rules
The Goa, Daman & Diu Agricultural Tenancy Act, 1964 & Rules 1965
a) The Goa, Daman & Diu Agricultural Tenancy Act, 1964 (Act No. 7 of 1964)
[16-12-1964] published in the Official Gazette, Series-I No. 52 dated 24-12-1964
and came into force w.e.f. 8-2-1965.
b) The Agricultural Tenancy (Amendment) Act, 1965 (Act 11 of 1965)
published in the Official Gazette, Series I No. 12 dated 11-6-1965 and came into
force with effect of the day principal Act came into force.
c) The Agricultural Tenancy (Amendment) Act, 1966 (Act 10 of 1966)
(published in the Official Gazette, Series I No. 32 dated 10th November, 1966)
and came into force at once.
d) The Agricultural Tenancy (Amendment) Act, 1968 (Act 13 of 1968)
(published in the Official Gazette, Series I No. 42 dated 16-1-1969 and came into
force at once).
e) The Agricultural Tenancy (Amendment) Act, 1975 (Act 18 of 1975)
(published in the Official Gazette, Series I No. 32 dated 6-11-1975 and came into
force at once).
f) The Agricultural Tenancy (Amendment) Act, 1976 (Act 17 of 1976)
(published in the Official Gazette, Series I No. 29 dated 14-10-1976 and came
into force at once).
g) The Agricultural Tenancy (Amendment) Act, 1982 (Act 2 of 1982) [published
in the Official Gazette, Series I No. 5 dated 29-4-1982 and came into force at
once].
h) The Goa Administration of Evacuee Property (Amendment) Act, 1989 (Act
No. 19 of 1989) published in the Official Gazette, Series I No. 37 dated 14th
December 1989 and came into force w.e.f. at once.
i) The Agricultural Tenancy (Amendment) Act, 1991 (Act 4 of 1991) (published
in the Official Gazette, Series I No. 3 and came into force w.e.f.
21-11-1990).
j) The Agricultural Tenancy (Amendment) Act, 1993 (Act 23 of 1993)
[published in the Official Gazette, Series I No. 30 (Extraordinary) dated
21-10-1993 and came into force w.e.f. 16-4-1993].
k) The Agricultural Tenancy (Amendment) Act, 2001 (Act 29 of 2001)
(published in the Official Gazette, Series I No. 5 dated 3-5-2001).
The Goa, Daman and Diu Agricultural Tenancy Rules, 1965
Manual of Goa Laws (Vol. I) – 246 – Agricultural Tenancy Act & Rules
Arrangement of Sections
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
7-A Questions as to nature of land
8 Bar to eviction and restoration of
possession
8-A 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 termina-
tion for non-payment of rent
13 Tenancy during usufructory mortgage
13-A Tenant’s right to first purchase
14 Rights of tenants are heritable
15 Sub-division, sub-letting and assign-
ment prohibited
15-A Lands mortgaged to Government and
co-operative societies
16 Bar to attachment, seizure or sale by
process of Court
17 Repealed
18 Procedure for taking possession
18-A Tenants deemed to have purchased
lands on tillers’ day
18-B Right of tenant to purchase land where
he is minor, etc.
18-C Mamlatdar to issue notices and
determine price of land to be paid
by tenants
18-D Purchase price payable to the
landlords
18-E Mode of payment of purchase price by
tenant
18-F Amount of purchase price to be
applied towards satisfaction of debts
18-G Recovery of purchase price as arrears
of land revenue
18-H Purchase to be ineffective on tenant
purchaser’s failure to pay purchase
price
18-I Right of tenant whose tenancy has been
created after tiller’s day
18-J Power of Mamlatdar to resume and
dispose of land not to be purchased
by the tenant
18-K Restriction on transfers of land
purchased under this Chapter
18-L Power to make rules
19 Repealed
20 Repealed
21 Repealed
22 Repealed
23 Maximum rent
24 Maximum Rent after Survey and
Settlement
25 Compensation and penalty for excess
recovery of rent
26 Liability for cost of 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 farm-house
34 Maintenance of Boundary marks
35 Repair to protective bunds
36 Power to assume management
37 Prescription of standards of cultiva-
tion and management
38 Tenants’ right to operate sluice gates
39 Construction of water course through
land belonging to other persons
40 Failure to pay rent and to keep water
course in good repair
41 Removal or discontinuance of water
course
42 Neighbouring holder to use surplus
water on payment of rate
42-A Procedure for regulating the discharge
of joint responsibility of tenants
43 Tribunal
44 Other functions of the Tribunal
45 Powers of Tribunal
46 Commencement of Proceedings
46-A 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.
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55 Lands held by Comunidades
56 Exemption
57 Delegation of powers
58 Bar to jurisdiction of Courts
58-A Bar on appearance by Pleaders
59 Power to give directions
60 Penalty
60-A Offences under the Act to be cogniza-
ble and compoundable
60-B Offences by Companies
61 Rules
62 Power to remove difficulties
GOVERNMENT OF GOA, DAMAN AND DIU
THE GOA, DAMAN AND DIU AGRICULTURAL
TENANCY ACT, 1964
[Act No. 7 of 1964]
[16th December, 1964]
An Act to provide for the regulation of the terms of tenancy with respect to agricultural
lands in the Union Territory of Goa, Daman and Diu and for matters connected
therewith.
Be it enacted by the Legislative Assembly of Goa, Daman and Diu in the Fifteenth
Year of the Republic of India as follows:
CHAPTER I
Preliminary
1. Short title, extent and commencement.— (1) This Act may be called the Goa,
Daman and Diu Agricultural Tenancy Act, 1964.
(2) It extends in the first instance to the Goa area of the Union Territory of Goa,
Daman and Diu, but the Government may, by notification, extend it to the other areas
with such modifications as may be necessary.
(3) It shall, unless otherwise specifically provided in this Act, come into force on such
1[date as may be fixed by notification by the Government.]
2. Definitions.— In this Act, unless there is anything repugnant to the subject or
context.
2[(1) “Administrative Tribunal” means the Administrative Tribunal
constituted under the Goa, Daman and Diu Administrative Tribunal
Act, 1965.]
1[“(1A) “agriculture” includes horticulture and raising of food crops grass or
garden produce, but does not include allied pursuits;”;]
1 8th February, 1965, vide Notification No. TNC/NTF-1/65 dated 3rd February, 1965 published in the Official Gazette,
Series I No. 5 dated 5-2-1965.
2 Inserted by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1968 (Act No. 13 of 1968).
Act No. 6
of 1965.
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(2) “agriculturist” means a person who cultivates land personally;
(3) “allied pursuits” means rearing or maintaining plough bulls, breeding of livestock,
dairy farming, poultry farming, grazing on grounds reserved for the purpose and such
other pursuits connected with agriculture as may be prescribed;
(4) “Collector”, means any person appointed by the Government to perform the
functions of the Collector under this Act;
(5) “Co-operative Society” means a society registered under the provisions of any law
relating to co-operative societies for the time being in force in the particular area;
(6) “to cultivate” with its grammatical variations, and cognate expressions, means to
till or husband land for the purpose of raising or improving agricultural produce, whether
by manual labour or machinery, or to carry on any agricultural operation thereon; and the
expression “uncultivated” shall be construed correspondingly;
(7) “to cultivate personally” means to cultivate land on one’s own account —
(i) by one’s own labour, or
(ii) by the labour of any member of one’s family, or
(iii) under the personal supervision of oneself or any member of one’s family, by
hired labour or by servants on wages payable in cash or kind but not in crop share;
Explanation 1.— For the purpose of clause (iii) personal supervision shall not be
deemed to exist unless the person or member resides in the village in which land is
situated or in any nearby village within 7 kilometers thereof, during the major part of an
agricultural season.
Explanation 2.— A widow or a minor or a person who is subject to physical or mental
disability or a serving member of the Defence Forces shall, notwithstanding anything
contained in Explanation 1, be deemed to cultivate any land personally if such land is
cultivated by servants or by hired labour or through tenants.
Explanation 3.— Notwithstanding anything as aforesaid, in the case of a joint family,
land shall be deemed to be cultivated personally, if it is so cultivated by any member of
such family otherwise than by virtue of Explanation 2.
Explanation 4.— In the case of a company, association or other body of individuals,
whether incorporated or not, or a religious, charitable or other institution capable of
holding property, any land shall be deemed to be cultivated personally, if such land is
cultivated by hired labour or by servants under the personal supervision of an employee
or agent of such company, association, body or institution;
4[‘(7A) “garden” means land used primarily for growing coconut trees, arecanut trees,
cashewnut trees or mango trees;
(7B) “garden produce” means any produce from a garden;’;]
1 Re-numbered by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1968 (Act No. 13 of 1968) thereafter
existing clause substituted by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1976 (Act No. 17 of
1976).
4 Clauses 7A & 7B inserted by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1976 (Act No. 17 of 1976).
Manual of Goa Laws (Vol. I) – 249 – Agricultural Tenancy Act & Rules
(8) “Government” means the Government of Goa, Daman and Diu.
(9) “improvement”, means, with reference to any land, any work which adds to the
value of the land, and which is suitable thereto as also consistent with the purpose for
which it is held, and includes—
(a) the construction of tanks, wells, water channels, embankments and other works
for storage, supply or distribution of water for agricultural purposes;
(b) the construction of works for the drainage of land or for the protection of land
from floods or from erosion of other damage from water;
(c) the reclaiming, clearing, enclosing, levelling or terracing of land;
(d) the erection of buildings on the land reasonably required for the convenient or
profitable use of such land for agricultural purpose; and
(e) the renewal or reconstruction of any of the foregoing works or alterations therein
or additions thereto as are not of the nature of ordinary repairs; but does not include
such clearance, embankment, levelling, enclosures, temporary wells, water channels
and other works as are commonly made by the tenants in the ordinary course of
agriculture;
(10) “joint family” means an undivided Hindu family for a group or unit of persons
the members of which are, by custom, joint in estate or residence;
(11) 5[‘(i) “land” means land which is used for agriculture or which is capable of being
so used, but is left fallow, and includes farm buildings appurtenant to such land:
Provided that nothing in this clause shall apply to land which is in the possession
of a Mundkar, otherwise than as a tenant.
Explanation.- For the purposes of this clause, the expression “Mundkar” shall have
the meaning assigned to it in clause (p) of section 2 of the Goa, Daman and Diu
Mundkars (Protection from Eviction ) Act, 1975 (1 of 1976);]
(ii) “Khajan land” means low land situated near creeks or riversides;
(iii) “Ker land” means land having adequate irrigation or drainage facilities;
(iv) “Morod land” means any other land:
Provided that in case of doubt as to the category of any particular land, the matter
shall be referred to the Tribunal whose decision shall be final;
(12) “landlord” means a person from whom a tenant holds land on lease;
(13) “lease” means a transfer of a right to enjoy land, made orally or in writing, for a
specified, or unspecified period, and in consideration of rent;
(14) “legal representative” means a person who represents the state of a deceased
person;
6[“(15) “Mamlatdar” means any person appointed by the Government to perform the
duties of a Mamlatdar under this Act;”]
5 Substituted by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1976 (Act No. `17 of 1976).
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(16) “notification” means notification published in the Official Gazette;
(17) “Official Gazette” means the Goa, Daman and Diu Government Gazette;
(18) “person” includes a joint family, comunidade, temple, church, mosque or any
other religious or charitable institution;
(19) “prescribed” means prescribed by rules made under this Act;
7[(19A) “purchase price” means the price determined by the Mamlatdar under section
18C;]
(20) “rent” means any consideration in money or kind or both paid or payable by a
tenant on account of the use or occupation of the land held by him but shall not include
the rendering of any personal service or labour;
(21) “serving member of the Defence Forces” means a person in the service of the
Defence Forces of the Union:
Provided that if a question arises whether any person is in such service, such question
shall be decided by the Government and its decision shall be final;
(22) “tenancy” means the relationship of landlord and tenant;
(23) “tenant” means a person who on or after the date of commencement of this Act
holds land on lease and cultivates it personally and includes a person who is 8[or was]
deemed to be a tenant under this Act;
9[‘(23A) “tillers day” means the date of introduction of the Goa, Daman and Diu
Agricultural Tenancy (Fifth Amendment) Bill, 1976, in the Legislative Assembly;’]
(24) “Tribunal” means the Tribunal constituted under this Act; and
(25) “year” means the year ending on the 31st day of March or on such other date as
the Government may, by notification, appoint for any area.
3. Extent of application.— (1) Where it is made to appear to the Government that any
land, which was used immediately before the 1st of July, 1962 for an agricultural
purpose, was subsequently converted to other uses, such as for raising crops of coconut,
arecanut, cashew or mangoes or for any other non agricultural purpose, either for
defeating and after giving to the landlord and the tenant a reasonable opportunity of being
heard and after considering the objections, if any, direct that all or any of the provisions
of this Act and the rules made thereunder shall apply to the land, and thereupon the land
shall be deemed to be agricultural land in relation to the provisions made applicable
thereto, notwithstanding anything contained in clause (1) of section 2.
6 Substituted by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 2001 (Act No. 29 of 2001).
7 Inserted by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1976 (Act No. 17 of 1976).
8 Inserted by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1991 (Act No. 4 of 1991).
9 Inserted by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1976 (Act No. 17 of 1976).
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10[“(1-A) When it is made to appear to Government that any land used for agriculture
on or after the 1st July, 1962 is sought to be converted or used for any non-agricultural
purpose, it may, if it considers such action necessary in the interest of agricultural
production, the furtherance of the objects of this Act, or the public interest, after giving to
the landlord and the tenant a reasonable opportunity of showing cause, by order prohibit
such use or conversion, or permit such use or conversion, on such terms and condition, as
it may specify:
Provided, however, that when it appears to Government that the object in view would
otherwise be defeated by delay it may issue an order prohibiting such conversion or use
till the completion of the enquiry (except on such terms and conditions as may be
specified), or such other order as the circumstances of the case may require, and may
from time to time modify or vary such order.
(1-B) Notwithstanding anything contained in sub-sections (1) and (1-A), Government
may, when it is satisfied for reasons to be recorded that it is in the interest of agricultural
production, prohibit in any local area, either absolutely or except upon such terms and
conditions as may be specified, the conversion of any land used for agriculture, for any
non-agricultural purpose including the raisings of crops of coconut, arecanut, cashew or
mangoes. Every such order shall be published in the Official Gazette and in such other
manner as may be prescribed:
Provided, however, that except when the object of the order would be defeated by
delay, Government shall, in the prescribed manner give the persons affected an
opportunity of showing cause against the proposed order.
(1-C) Any person who contravenes an order passed under sub-section (1-A) or
sub-section (1-B) shall be guilty of an offence under section 188 of the Indian Penal Code.
(1-D) Government may take such action as is necessary for enforcing an order passed
under sub-section (1-A) or (1-B).”]
(2) 11[The provisions of sub-section (1); (1-A) and (1-B)] shall not apply to land
converted to non-agricultural use for the purpose of any industry 12[house construction] or
other schemes of development approved by the Government.
(3) Save as otherwise provided in this Act expressly or by necessary implication, the
provisions of this Act shall apply to all tenancies of agricultural land notwithstanding any
other law, custom, usage, decree or order of a court or tribunal, or any agreement or
contract to the contrary.
(4) The provisions of any other law for the time being in force relating to leases of
immovable property shall in so far as they are not inconsistent with the provisions of this
Act, apply to the tenancies and leases of land to which this Act applies.
10 Sub-sections (1-A) to (1-D) inserted by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1966.
11 Substituted by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1966 (10 of 1966).
12 The words “House construction” inserted by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1966
(Act 10 of 1966).
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CHAPTER II
Security of Tenure
4. Persons deemed to be tenants.— A person lawfully cultivating any land belonging
to another person (hereinafter in this section referred to as the owner) on or after the 1st
of July, 1962 but before the commencement of this Act, shall be deemed to be a tenant if
such land is not cultivated personally by the owner and if such person is not —
(i) a member of the owner’s family, or
(ii) a servant on wages payable in cash or kind but not in crop share or a hired
labourer cultivating the land under the personal supervision of the owner or of any
members of the owner’s family, or
(iii) a mortgagee in possession:
Provided that if upon an application made by the landlord within one year from the
commencement of this Act to the Mamlatdar within whose jurisdiction the land is
situated:—
(a) the Mamlatdar declares that such person is not a tenant and his decision is not
reversed on appeal or revision, or
(b) the Mamlatdar refuses to make such declaration but his decision is reversed on
appeal or revision,
such person shall not be deemed to be a tenant under this section:
Provided further that a sub-tenant cultivating any land belonging to, another person
13[“on or after the 1st of July, 1962, but before the commencement of this Act”] shall,
notwithstanding the fact that the creation of the sub-tenancy might have been prohibited
by any law for the time being in force, be deemed to be lawfully cultivating the land as a
tenant for the purposes of this section; and in such cases, the intermediary tenant or
tenants prior to the creation of the sub-tenancy shall not be deemed to be tenant or tenants
for the purposes of this Act:
14[“Provided further that in the case of a person claiming to be a tenant on the ground
that he was a sub-tenant cultivating any land after the 1st July, 1962 but before the
commencement of this Act, the application by the landlord for a declaration that such
person is not a tenant may be made within three months of the commencement of the
Goa, Daman and Diu Agricultural Tenancy (Amendment) Act, 1966”].
5. Right of persons holding on the date of liberation.— A person who lawfully
cultivated as a tenant or sub-tenant any land belonging to another person (hereinafter in
this section referred to as the owner) on or after the 19th of December, 1961 but before
the 1st July, 1962 shall be deemed to be a tenant for all the purposes of this Act;
(i) if such person cultivated it personally for any period immediately preceding
the latter date,
(ii) if such land was not cultivated personally by the owner,
13Substituted by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1966.
14Inserted by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1966.
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(iii) if such person was not one of the persons mentioned in clauses (i) to (iii) of
section 4, and
(iv) if such person is restored to possession of such land in pursuance of sub-
section (3) of section 8.
6. Explanations.— For the purposes of sections 4 and 5—
(i) where the person who lawfully cultivated the land on the relevant date is, on or
before the date of coming into force of this Act, dead, his legal representative, or where
there are more than one legal representative all of them jointly shall be entitled to the
same rights and subject to the same obligations as the deceased person;
(ii) where any land is held by two or more persons jointly as tenants, all such
persons shall, if any one of them cultivated and continues to cultivate such land
personally, be deemed to be tenants in respect of such land;
(iii) when any land is cultivated by a widow or minor or a person who is subject to
physical or mental disability or a serving member of the Defence Forces, through a
tenant then notwithstanding anything contained in 15[Explanation (2) to clause (7) of
section 2], such tenant shall be deemed to be a tenant.
7. Question of tenancy.— If any question arises whether any person is a 16[or was]
tenant or should be deemed to be a tenant under this Act the Mamlatdar shall, after
holding an inquiry, decide such question. 17[“In any such enquiry, the Mamlatdar shall
presume that any statement as to the existence of a right of tenancy in a record of rights
prepared in the prescribed manner under and in accordance with the provisions of this
Act, is true”].
18[“7A. Question as to nature of land.— If any question arises as to whether any land is
or is not used for agricultural purposes the Mamlatdar shall, after holding an inquiry,
decide such question.”].
8. Bar to eviction and restoration of possession.— (1) No tenancy of any land shall
be terminated and no person holding land as a tenant shall be liable to be evicted there
from save as provided under this Act.
(2) Where any such person as is referred to in section 4 has been evicted from the land
on or after the 1st July, 1962 such person shall be entitled to recover immediate
possession of the land in the manner prescribed by or under this Act unless the landlord
proves that the termination of tenancy was in the manner authorised under section 9.
(3) Where any such person as is referred to in section 5 was evicted from such land on or
after the 19th of December, 1961 but before the 1st of July, 1962, such person shall, in the
manner prescribed by or under this Act, be entitled to recover possession of the land if—
(i) he applies to the Mamlatdar within six months from the day of coming into force
of this Act stating that he agrees to become a tenant on the same terms and conditions
as existed before and as modified by the provisions of this Act;
15Substituted by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1966.
16Inserted by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1991 (Act, No. 4 of 1991).
17Added by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1966.
18 Inserted by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1975 (Act No. 18 of 1975).
Manual of Goa Laws (Vol. I) – 254 – Agricultural Tenancy Act & Rules
(ii) he proves that the eviction was malafied and was intended to defeat the purposes
of this Act; and
(iii) he pays to the landlord the arrears of rent, if any, due from him under the terms
of his tenancy or gives sufficient secure therefore:
Provided that where the land from which such person was evicted had been leased out
by the landlord to another person for any perk after the said date, the evicted person shall
not be entitled to recover possession before the first day of the year immediately
following the year in which this Act comes into force.
(4) Notwithstanding anything contained in the foregoing provision where the
Government is satisfied that a tenant has for reasons beyond his control omitted to take
step for restoration of possession within the time prescribed therefore, it may on its own
motion, direct the Mamlatdar to entertain and dispose of an application.
(5) Notwithstanding anything contained in the other provisions this Act, where a
person who was holding land on lease from landlord has, in cases coming under section 4,
on or after the 1st July, 1962, and in cases coming under section 5, on or after the 19th
December, 1961, surrendered his right of tenancy to the landlord on or before the 28th
July, 1964, he shall not be entitled to restoration of possession under this Act, if such
surrender was voluntary and was made before the Administrator of the Concelho, in
accordance with the rules and orders, if any, in that behalf or is found to be genuine by
the Mamlatdar after holding an enquiry.
19[“8A. Relief in certain cases of threatened wrongful dispossession.— (1) Any
tenant in possession of any land or dwelling house who apprehends that he may be
dispossessed contrary to the provisions of this Act, may apply in the prescribed manner to
the Mamlatdar for an order safe guarding his right to possession.
(2) On such application, the Mamlatdar if he is satisfied on holding such enquiry as
may be prescribed, that the applicant is entitled to continue in possession, shall, by order,
direct the landlord or any person claiming through him to refrain from disturbing it
otherwise than in accordance with law.
(3) In any proceeding under this section, if it is proved to the satisfaction of the
Mamlatdar by affidavit or otherwise that the opponent threatens to dispossess the
applicant, he may by order grant a temporary injunction restraining such dispossession or
otherwise causing injury until the final disposal of the proceeding or until further orders.
In all such cases the Mamlatdar shall, except where it appears that the object of granting
the injunction would be defeated by delay, issue notice of the application to the opponent
before granting an injunction.
(4) Any person dispossessing a tenant in contravention of an order made under
sub-section (2) or (3), in addition to any other penalty to which he is subject, on
application made by the tenant within thirty days of such dispossession, and
notwithstanding anything to the contrary in any other provision of this Act, be summarily
evicted by the Mamlatdar who shall thereupon restore possession to the tenant”].
19 New section inserted by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1966.
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9. Modes of termination of tenancy.— The tenancy of any land may be terminated.
(a) by the tenant by surrender of his right to the landlord in the manner provided in
section 10; or
(b) by the landlord on the grounds specified in section 11; or
(c) under any other specific provision of this Act.
10. Surrender by tenant.— (1) Any tenant may surrender his right of tenancy in
respect of any land to the landlord and thereupon the tenancy in respect of that land shall
stand terminated if the following conditions are satisfied:
(i) the surrender is made at least one month before the commencement of the year;
(ii) it is made by the tenant in writing and is admitted by him before the
Mamlatdar;
(iii) it is made voluntarily and in good faith to the satisfaction of the Mamlatdar;
(iv) it is approved by the Mamlatdar; and
(v) the conditions in clauses (a) to (d) of sub-section (4) of section 20 are satisfied.
(2) Where the land is cultivated jointly by joint tenants or members of joint family, the
surrender, unless it is made by all of them shall be ineffective in respect of such joint
tenants or members, as the case may be, as have not joined in the application for
surrender.
(3) Where the Mamlatdar is of opinion that the conditions mentioned in sub-section
(1) are not satisfied, he may, after giving a reasonable opportunity to the landlord to show
cause against taking action under this sub-section, and holding such enquiry as he may;
(i) refuse to approve the surrender, or
(ii) submit the case to the Government for orders under the next sub-section.
(4) Where a case is submitted under the preceding sub-section, the Government may,
by order, transfer the tenancy right to any other person, including a Comunidade, a Co-
operative Society or a Panchayat, who, in its opinion, is a fit and proper person to be a
tenant, and thereupon such other person shall be deemed to be a tenant for the purposes of
this Act.
11. Termination of tenancy by landlord.— (1) The landlord may terminate a tenancy
on the ground that the tenant:
(a) has failed to pay the rent for any period on or before the date or dates fixed by
or under this Act, or
(b) has done any act which is destructive or permanently injurious to the land, or
(c) has sub-divided, sub-let, or assigned any interest in the land, otherwise than as
permitted under sections 14 and 15, or
(d) has failed to cultivate the land personally, or
(e) has used such land for a purpose other than agriculture.
(2) No tenancy of any land held by a tenant shall be terminated on any of the grounds
mentioned in this section unless the landlord gives at least ninety days notice in writing to
the tenant intimating his decision to terminate the tenancy and the ground for such
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termination and unless within that period the tenant has failed to remedy the breach for
which the tenancy is liable to be terminated:
Provided that where the said breach occurs for the second time the tenant shall be
liable to pay to the landlord by way of penalty a sum equal to 50 per cent of the rent
payable for that season for the land in relation to which the breach has occurred:
Provided further, that where a breach of the same kind occurs on more than two
consecutive occasions no such notice as is referred to above shall be necessary and the
landlord shall be entitled to straight away make an application to the Mamlatdar under
sub-section (4).
(3) The tenancy of a tenant who is a minor, or is subject to physical or mental
disability, or is a serving Member of the Defence Forces shall not be terminated on the
ground only that the land comprised in the tenancy has been sub-let by or on behalf of
such tenant.
(4) Where the landlord after the expiry of the period of notice, if any, mentioned in
sub-section (2) decides to terminate the tenancy under this section, he shall within such
time as may be prescribed apply to the Mamlatdar for permission to do so and the
Mamlatdar may accord permission or, if he considers it necessary for reasons to be
recorded in writing and after considering the objections, if any, of the landlord, submit the
case to the Government for orders sub-section (4) of section 10.
12. Special provisions regarding termination for non-payment of rent.— (1)
Where the tenancy of any land held by a tenant is terminated for non-payment of rent and
the landlord files any proceeding to eject the tenant, the Mamlatdar shall call upon the
tenant to tender to the landlord the rent in arrears together with the cost of the proceedings
within thirty days from the date of the order and if the tenant complies with such order,
the Mamlatdar shall, in lieu of making an order of ejectment, pass an order directing that
the tenancy has not been terminated, and thereupon the tenant shall hold the land as if the
tenancy had not been terminated:
Provided that nothing in this section shall apply to any tenant whose tenancy is
terminated for non-payment of rent if he has failed for any three years to pay rent within
the period fixed by or under this Act and the landlord has complied with the
requirements, if any, of any notice to the tenant by or under this Act.
(2) The landlord may apply to the Mamlatdar in the prescribed form for recovery of
arrears of rent for any period not exceeding three years. The Mamlatdar may, after such
enquiry as he considers necessary, pass such order as he deems fit. The Mamlatdar in
passing an order shall allow the tenant to set off the sum, if any, paid by him to the
landlord within the period of three years immediately preceding the date of application
made under sub-section (1) in excess of the rent due from him:
Provided that if the Mamlatdar is satisfied that in consequence of a total or partial
failure of crops or similar calamity the tenant has been unable to pay the rent due, the
Mamlatdar may, for reasons to be recorded in writing,
(i) direct, after hearing the landlord, that no rent shall be payable for the period of
such failure of crops by the tenant, or
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(ii) direct, after hearing the tenant and the landlord, that the arrears of rent, or such
part thereof as may be considered reasonable by the Mamlatdar, together with the cost
of proceedings, if awarded, shall be paid within one year from the date of the order and
that if before expiry of the said period the tenant fails to pay the said arrears of rent and
costs the tenancy shall be deemed to be terminated and the tenant shall be liable to be
evicted.
(3) When a tenant tenders an amount on account of rent to the landlord for any period
and if the landlord refuses to receive it or grant a receipt for it, the tenant may present to
the Mamlatdar an application in writing for permission to deposit in his office the full
amount of rent. The Mamlatdar may receive the amount in deposit and give a receipt for
it. Notice of the amount so deposited shall be given to the landlord and if the Mamlatdar
is satisfied that the payment by the tenant was bona fide it shall be paid to the landlord,
and thereupon it shall constitute a discharge of the tenant’s liability in respect of the rent
for such period and no claim or application by a landlord for rent shall be maintainable in
respect of the period for which the rent has been so deposited by the tenant.
13. Tenancy during usufructory mortgage.— If any land is mortgaged by a landlord
by way of usufructory mortgage to a tenant cultivating such land, the tenancy of such
land shall be in abeyance during the period the mortgage subsists. After the expiry of the
said period it shall, notwithstanding any other law for the time being in force, be lawful
for the tenant to continue to hold the land on the terms and conditions on which he held it
before the mortgage was created.
20[“13A. Tenant’s right of first purchase.— (1) When a landlord intends to sell any
land cultivated by a tenant he shall give notice of his intention to the tenant in the
prescribed manner and shall specify the price at which the sale is to take place and call
upon him to state within 90 days of receipt of the notice whether he is willing to buy the
land at the price specified.
(2) The tenant may within 90 days of receipt of the notice signify in the prescribed
manner his readiness to purchase the land at the price specified in the notice and there
upon a contract to purchase the land at the said price shall be deemed to have been
concluded between the landlord and the tenant.
(3) If the tenant is willing to purchase the land but contends that the price specified in
the notice is excessive he may apply to the Collector in the prescribed manner within 30
days of receipt of notice under sub-section (1) for determining the price whereupon the
Collect shall determine the same in the prescribed manner in accordance with the
principles laid down in the Land Acquisition Act, 1894 and the price so determined by
the Collector shall be deemed to be the price specific in the notice under sub-section (1).
But the tenant shall in such an event exercise the option conferred by sub-section (2)
within 60 days the receipt of notice of the price fixed by the Collector.
(4) If the tenant fails within the period specified in sub-section (1) to signify his
acceptance as provided in sub-section (2), the landlord shall be free to sell the land in
question to any person at a price not lower than that set out in the notice or the price
determined by the Collector under sub-section (3) as the case may be.
20 New section inserted by inserted by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1966.
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(5) Any sale by a landlord to a person other than a tenant without giving the notice
required by sub-section (1), or before the expiry of the period of the said notice or at price
lower than, that set out in the notice or the price determined by the Collector under
sub-section (3) as the case may be, shall be void.
(6) Notwithstanding anything in this section, a tenant who fails to avail himself of the
offer of first purchase made under sub-section (1) shall not, by reason thereof, cease to be
a tenant, but shall continue as tenant under the new owner on the same terms and
conditions as before.
(7) Government may, subject to due appropriation being made in this behalf, grant on
such terms as may be prescribed, a loan to a tenant for the purchase of any land in respect
of which a notice has been served upon him under sub-section (1)”.]
14. Rights of tenants are heritable.— (1) Where a tenant dies the landlord shall be
deemed to have continued the tenancy —
(a) if such tenant was a member of a joint family, to the surviving member or members
of the said family, and
(b) if such tenant was not a member of a joint family, to his, heir or heirs on the same
terms and conditions on which such tenant was holding it at the time of his death.
(2) The surviving members, or as the case may be, the heirs to whom the tenancy is
continued under sub-section (1) shall be entitled to partition and sub-division of the land
leased subject to the following conditions:
(a) each sharer shall hold his share as a separate tenant;
(b) the rent payable in respect of the land leased shall be apportioned among the
shares according to share allotted to them;
and if any question arises regarding the shares or the apportionment of the rent payable by
the sharers, it shall be decided by the Mamlatdar whose decision shall be final.
21[“Provided, however, that no partition or sub-division shall be permissible if the
share allotted to any heir or any co-partner together with any other land already held by
him is less than 1/3 hectare of morod land and 1/4 hectares of Khajan or Kher land.
Explanation.— The allotment of a separate number to any portion of the land for the
purposes of land records or land survey under any law for the time being in force shall
not, by itself amount to a sub-division or partition for the purpose of this sub-section”.]
(3) Where any question arises as to the person or persons in whose favour tenancy is
deemed to have been continued under the foregoing provisions, such question shall be
determined by the Mamlatdar after hearing the landlord and other persons interested in
the matter:
21 Proviso added by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1966.
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Provided that nothing in this sub-section shall preclude the rights of parties being
determined by a court of law.
15. Sub-division, sub-letting and assignment prohibited.— (1) Save as otherwise
provided in this Act, no sub-division or sub-letting of the land held by a tenant or
assignment of any interest therein, shall be valid.
(2) Notwithstanding anything contained in sub-section (1), it shall be lawful for a tenant:—
(a) who is a widow, minor or a person subject to any physical or mental disability,
or a serving member of the Defence Forces to sub-let such land held by her or him as a
tenant, or
(b) who is a member of a Co-operative Society and as such member to sub-let,
assign, mortgage or to create a charge on his interest in the land in favour of such
Society.
(3) Notwithstanding anything contained on sub-section (1), it shall also be lawful for a
tenant to mortgage or create a charge on his interest in the land in favour of the
Government or of a Co-operative Society, 22[or corresponding new Bank] in
consideration of a loan advanced to him by the Government or the Co-operative Society,
[or corresponding new Bank] as the case may be and without prejudice to any other
remedy open to the Government or the Co-operative Society, 22 [or corresponding new
Bank] as the case may be, in the event of his making default in payment of such loan in
accordance with the terms on which such loan was granted it shall be lawful for the
Government or the Co-operative Society, 22 [or corresponding new Bank] as the case may
be, to cause his interest in the land to be attached and sold and the proceeds to be applied
in payment of such loan.
23[“15A. Lands mortgaged to Government and co-operative societies.— When a
tenant has mortgaged his interest in the land in favour or Government or a co-operative
society 22[or corresponding new Bank] with the permission of Government, in
consideration of a loan advanced to him, then notwithstanding anything contained in any
other provision of this Act, the landlord shall not, while the mortgage subsists, without
the prior permission of Government, be entitled to resume the land for personal
cultivation, or to terminate the tenancy on any of the grounds mentioned in section 11 or
otherwise, nor shall the tenant be entitled without such permission to surrender his
interest to the landlord and any such surrender shall be void:
Provided, however, that for the period during which such permission has been sought
but has not been granted, the obligations of the tenant under this Act to the landlord shall
22 Inserted by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1982
22 Inserted by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1982
22 Inserted by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1982
23 Inserted by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1966.
1 Inserted by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1966.
22 Inserted by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1982
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devolve upon Government or the co-operative society 18[or corresponding new Bank] as
the case may be”.
24[Explanation.— For the purposes of sections 15 and 15A, the expression
“corresponding new Bank” means a corresponding new bank constituted under section 3
of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (Central
Act 5 of 1970.)]
16. Bar to attachment, seizure or sale by process of Court.— Save as expressly
provided in this Act any interest in the land held by a tenant as such shall not be liable to
be attached, seized or sold in execution of a decree or order of a Civil Court.
25[17.] Repealed
18. Procedure for taking possession.— (1) A tenant entitled to possession of any land
or dwelling house under any of the provisions of this Act may apply in writing for such
possession to the Mamlatdar. The application shall be made in such form and within such
period as may be prescribed by or under this Act.
(2) No landlord shall obtain possession of any land or dwelling house held by a tenant
except under an order of the Mamlatdar, for which he shall make an application in such
form and within such period as may be prescribed by or under this Act.
(3) On receipt of an application under sub-section (1) or (2) the Mamlatdar shall, after
holding an enquiry, pass such orders thereon as he deems fit, with due regard to the other
provisions of this Act and the Rules.
(4) Any tenant or landlord taking possession of any land or dwelling house except in
accordance with the provisions of sub-section (1) or (2), shall be liable to forfeiture of
crops, if any, grown in the land in favour of the landlord or the tenant, as the case may be,
in addition to payment of such costs as may be awarded by the Mamlatdar or by the
Collector on appeal and also to the penalty, if any, prescribed by or under this Act.
(5) The Government may, by notification, direct that the provisions of the foregoing
sub-sections shall apply to sites used for allied pursuits as they apply to sites of dwelling
houses of an agriculturist and thereupon the provisions shall so apply.
(3) If the landlord of a site referred to in sub-section (1) intends to sell such site, such
tenant at the expense of whom or whose predecessor-in-title a dwelling house is built
thereon*, shall be given in the manner provided in sub-section (4) the first option of
purchasing the site at a value determined by the Tribunal.
(4) The landlord intending to sell such site shall give notice in writing to the tenant
requiring him to state within ninety days from the date of service of such notice whether
he is willing to purchase the site.
24 Inserted by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1982.
25 Repealed by the GDD Mundkar (Protection from eviction) Act 1975 Act No. 10 of 1976
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(5) If within the said period the tenant intimates in writing to the landlord that he is
willing to purchase the site, the landlord shall make an application to the Tribunal for the
determination of the market value of the site. On receipt of such application the Tribunal
shall, after giving notice in the prescribed manner and after holding enquiry, determine
the market value of the site and shall, by an order in writing, require the tenant to deposit
the amount so determined within ninety days from the date of such order. On the deposit
of such amount the site shall be deemed to have been transferred to the tenant and the
amount deposited shall be paid to the landlord. The Tribunal shall, on payment of the
prescribed fees, grant a certificate in the prescribed form to the tenant specifying therein
the particulars of the site or transferred and the name of the tenant:
Provided that where the Tribunal is satisfied that the tenant is unable to make the
deposit of the said amount within the period mentioned above it may permit the tenant to
make the deposit in three equal annual installments, or, where the tenancy is terminated
earlier, in suitable installments before the termination; in such cases the site shall be
deemed to have been transferred to the tenant on payment of last installment.
(6) If in respect of a site which a landlord offers to sell to the tenant under the
provisions of sub-section (3), the value payable there for by the tenant is agreed to
between him and the landlord, either the landlord or the tenant or both jointly may apply
to the Tribunal and thereupon the Tribunal shall, on payment of the prescribed fees, grant
a certificate in the prescribed form; the value that is so agreed upon shall be deemed to be
the market value determined by the Tribunal for the purposes of sub-section (5).
(7) If the tenant fails to intimate his willingness to purchase the site within the period
referred to in sub-section (4) or fails to deposit the amount of the value within the time
specified in sub-section (5), the tenant shall be deemed to have relinquished his right of
first option to purchase the site:
Provided that no tenant of agricultural land shall, so long as he remains such tenant, he
liable to be evicted from the site by the purchaser of such site unless any nearby site is
offered to him by the landlord or by the Government:
Provided further that the tenant shall be entitled to such compensation as may be
determined by the Tribunal, for any loss caused to him on account of the eviction.
(8) Any sale of a site effected in contravention of this section shall be void.
(9) The Government may, by notification direct that the foregoing provisions of this
section shall, in any area specified in the notification, apply also in respect of dwelling
houses and the sites thereof occupied by agricultural laborers or artisans or in respect of
land held or lease by persons carrying on allied pursuits.”
26[“CHAPTER IIA
Special rights and privileges of tenants
18A. Tenants deemed to have purchased lands on tillers’ day.— (1) On the tillers’
day, every tenant shall, subject to the other provisions of this Act, be deemed to have
26 New Chapter IIA Inserted by the Goa , Daman & Diu Agricultural Tenancy (Amendment) Act, 1976 (Act No. 17 of 1976).
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purchased from his landlord the land held by him as a tenant and such land shall vest in
him free from all encumbrances subsisting on the said day.
(2) Where a tenant, on account of his eviction from the land by the landlord before the
tillers’ day, is not in possession of the land on the said day, but has made or makes an
application for possession of the land under section 18 within the period specified
therein, then, if the application is allowed by the Mamlatdar or, as the case may be, in
appeal by the Collector or in revision by the Administrative Tribunal, he shall be deemed
to have purchased the land on the day on which the final order allowing the application is
passed.
(3) Where a tenant referred to in sub-section (2) has not made an application for
possession within the period specified under section 18 or the application made by him is
finally rejected under this Act, and the land is held by any other person as tenant on the
expiry of the said period or on the date of the final rejection of the application, such other
person shall be deemed to have purchased the land on the date of the expiry of the said
period or, as the case may be, on the date of the final rejection of the application.
(4) If a tenant is not in possession of the land on the tillers’ day on account of his being
dispossessed otherwise than in the manner provided in section 11 and the land is—
(a) in possession of the landlord or his successor in interest; and
(b) not put to a non-agricultural use, the Mamlatdar shall notwithstanding anything
contained in this Act,
either suo motu or on the application of the tenant, hold an inquiry and direct that such
land shall be taken from the possession of the landlord or, as the case may be, his
successor in interest and shall be restored to the tenant and the provisions of this Chapter
shall, in so far as they may be applicable, apply thereto, subject to the modification that
the tenant shall be deemed to have purchased the land on the date on which the land is
restored to him:
Provided that the tenant shall not be entitled to restoration under this sub-section unless
he undertakes to cultivate the land personally.
Explanation.— In this sub-section, “successor-in-interest” means a person who
acquires the interest by testamentary disposition or devolution on death.
(5) In respect of the land deemed to have been purchased by a tenant under sub-section
(1),—
(a) the tenant-purchaser shall be liable to pay to the former landlord the purchase
price; and
(b) the tenant-purchaser shall be liable to pay to the Government, the dues, if any,
from the tillers’ day.
18B. Right of tenant to purchase land where he is a minor, etc.— (1)
Notwithstanding anything contained in section 18A, where the tenant is a minor or a
widow or a person subject to mental or physical disability or a serving member of the
Defence Forces, the right to purchase land under that section may be exercised—
(a) by the minor within one year from the date on which he attains majority;
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(b) by the successor in title of the widow within one year from the date on which
her interest in the land ceases to exist;
(c) within one year from the date on which the mental or physical disability of the
tenant ceases to exist;
(d) within one year from the date on which the tenant ceases to be a serving member
of the Defence Forces:
Provided that where a person of any such category is a member of a joint family, the
provisions of this sub-section shall not apply if at least one member of the joint family is
outside the categories mentioned in this sub-section, unless before the tillers’ day the
share of such person in the joint family has been separated by metes and bounds, and the
Mamlatdar on inquiry is satisfied that the share of such person in the land is separated
having regard to the area, assessment, classification and the value of the land, in the same
proportion as the share of that person in the entire joint family property.
(2) A tenant desirous of exercising the right conferred on him under sub-section (1)
shall give an intimation in that behalf to the landlord and the Mamlatdar within whose
jurisdiction the land is situated in the prescribed manner within the period specified in
that sub-section.
(3) The provisions of section 18A and sections 18C to 181 shall, so far as may be
applicable, apply to such purchase.
18C. Mamlatdar to issue notices and determine price of land to be paid by
tenants.— (1) As soon as may be after the tillers’ day, the Mamlatdar shall publish or
cause to be published a public notice in the prescribed form in the Official Gazette and
also in such other manner as may be prescribed calling upon—
(a) all tenants who under section 18A are deemed to have purchased the lands;
(b) all landlords of such land; and
(c) all other persons interested therein,
to appear before him on the date specified in the notice.
27[“(2) Notwithstanding anything contained in sub-section (1), the Mamlatdar may, on
his own motion or on an application from any person who has been called upon to appear
before him under sub-section (1), give an opportunity to appear before him on any
subsequent day, time and place other than that specified in the public notice under
sub-section (1), to—
(a) such tenants or such persons claiming to be tenants;
(b) such landlords and other interested parties, who had appeared before the
Mamlatdar in response to notice published under sub-section (1)”;]
(3) The Mamlatdar shall record in the prescribed manner the statement of the tenant
whether he is or is not willing to purchase the land held by him as a tenant.
27 Inserted by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1993(23 of 1993).
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(4) Where any tenant 28[…] makes a statement that he is not willing to purchase the
land, the Mamlatdar shall, by an order in writing declare that such tenant is not willing to
purchase the land and that the purchase is ineffective:
Provided that if such order is passed in default of the appearance of any party, the
Mamlatdar shall communicate such order to the parties and any party on whose default
the order was passed may within sixty days from the date on which the order was
communicated to him apply for the review of the same.
(5) If a tenant is willing to purchase, the Mamlatdar shall, after giving an opportunity
to the tenant and the landlord and all other persons interested in such land to be heard and
after holding an inquiry determine the purchase price for such land in accordance with the
provisions of section 18D.
(6) In the case of a tenant who is deemed to have purchased the land on a date
subsequent to the tiller’s day, the Mamlatdar shall, as soon as may be after such day,
determine the price of the land.
18D. Purchase price payable to the landlords.— (1) The purchase price payable by a
tenant to the landlord in relation to the land which has been deemed to have been
purchased by the tenant under section l8A shall be 29[…] the amount indicated in column 2
of the Table below in respect of the categories of land specified in the corresponding
entry in column thereof 30[...].
TABLE
Category of land Purchase price
(in rupees) per hectare
2 Garden consisting primarily of.—
a) Coconut trees 4,000
b) Arecanut trees 3,000
c) Mango trees 2,500
d) Cashew trees 1,600
Rice land:
a) Kher 4,000
b) Khazan 3,600
c) Morod 1,600
Wet land where sugarcane is cultivated: 2,500
2.31[...].
18E. Mode of payment of purchase price by tenant.— (1) On the determination of
the purchase price by the Mamlatdar under section (18C, the tenant shall deposit the
purchase price with the Mamlatdar the manner provided in this section.
28 The words [fail to appear or] omitted by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1993.
29 The words [an amount equivalent to fifteen times the net average annual income of the land for the three years immediately
preceding the tillers’ day or] omitted by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1993.
30 The words [whichever is lower] omitted by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1993.
31 Sub-section (2) omitted by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1993.
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(2) The tenant shall have the option to deposit the purchase price either in lumpsum or
in ten equal annual instalments.
(3) The first instalment of the purchase price or where the purchase price is payable in
a lumpsum under sub-section (2), the lumpsum, shall be paid by the tenant within a
period of six months from the date of passing of the order of the Mamlatdar under section
18C.
(4) The second or subsequent instalments of the purchase price shall be paid within a
period of one year from the date on which the previous instalment was due.
(5) Where the lumpsum payment or any installment of the purchase price has not been
deposited on the due date, the amount in default shall carry interest at the rate of six per
cent per annum.
18F. Amount of purchase price to be applied towards satisfaction of debts.— (1)
The Mamlatdar shall in an inquiry held under section 18C, determine any encumbrances
lawfully subsisting on the land on the tillers’ day.
(2) If the total amount of the encumbrances is less than the purchase price determined
under that section,—
(i) where the purchase price is paid in lumpsum, it shall be deducted from the
purchase price and the balance paid to the former landlord;
(ii) where the purchase price made payable in instalments, the Mamlatdar shall
deduct such amount from such instalments towards the payment of such
encumbrances:
Provided that where under any agreement, award, decree or order of a court or under
any law, the amount of the encumbrances is recoverable in instalments, the Mamlatdar
shall deduct such amount as he deems reasonable from the instalments so payable.
(3) If the total amount of the encumbrances is more than the amount so determined,
the purchase price in lumpsum or the instalments, as the case may be, shall be distributed
in the order of priority and if any person has a right to receive maintenance or alimony
from the profits of the land the Mamlatdar shall also make deductions for payment out of
the purchase price.
(4) Nothing in this section shall affect the rights of the holder of any such encumbrance
to proceed against the former landlord in any other manner or under any other law for the
time being in force.
18G. Recovery of purchase price as arrears of land revenue.— If the tenant-
purchaser makes a default in the payment of the whole or part of the purchase price, the
Mamlatdar shall, on an application made in this behalf by the landlord proceed to recover
such sum which is in arrears on the date of application, together with any interest due as
arrears of land revenue.
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18H. Purchase to be ineffective on tenant-purchaser’s failure to pay purchase
price.— (1) On the deposit of the purchase price in lumpsum or of the first installment of
such price, the Mamlatdar shall issue a certificate of purchase in the prescribed form to
the tenant purchaser in respect of the land and such certificate shall, subject to sub-section
(2), be conclusive evidence of the purchase.
(2) In the event of failure of recovery of purchase price as arrears of land revenue
under section 18G, the purchase shall be ineffective and the land shall be at the disposal
of the Mamlatdar under section 18J and any amount deposited by such tenant-purchaser
towards the price of the land shall be refunded to him.
18I. Right of tenant whose tenancy has been created after tillers’ day.— (1) Not-
-withstanding any agreement or usage to the contrary, in respect of any tenancy created after the
tillers’ day, a tenant shall be entitled within one year from the commencement of such tenancy
to purchase from the landlord the land held by him.
(2) The provisions of this Chapter shall in so far as may be applicable, apply to the
purchase of the land by a tenant under sub-section (1).
18J. Power of Mamlatdar to resume and dispose of land not purchased by the
tenant.— (1) Where the purchase of any land by the tenant under section 18A becomes
ineffective under section 18C or section 18H or where a tenant fails to exercise the right
to purchase the land held by him within the specified period under section18B, the
Mamlatdar may, suo motu or on an application made in this behalf, and in cases other
than those cases in which the purchase has become ineffective by reason of section 18C
or section 18H, after holding a formal inquiry direct the land or part thereof shall be
disposed of in the manner provided in sub-section (2).
(2) The Mamlatdar shall make an order directing that the land or part thereof referred
to in sub-section (1) shall be disposed of by sale to any person in the following order of
priority:
(i) 75 per cent of such land shall be disposed of by sale to persons belonging to the
Schedulel Castes and Scheduled Tribes;
(ii) the land remaining after disposal in the manner provided in clause (i) shall be
disposed of by sale in the following order of priority, namely:—
(a) serving member of the Defence Forces or an ex-serviceman or a freedom
fighter, who agrees to cultivate the land personally;
(b) agricultural labourers;
(c) landless persons;
(d) a co-operative farming society registered as such under the Maharashtra
Co-operative Societies Act, 1960, as in force in the Union Territory of Goa, Daman
& Diu.
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Explanation 1. — Where the Mamlatdar has to select under this sub-section one or
more persons having the same order of priority, preference shall be given to a person
residing in the village in which the land is situated. In the event of there being more than
one applicant having the same priority, the land shall be disposed of by sale, by drawing
lots. The maximum area of the land that shall be sold to an individual shall be equivalent
to one “economic holding” as defined in clause (e) of rule 2 of the Goa, Daman and Diu
Land Revenue (Disposal of Government Lands) Rules, 1971.
Explanation II. — For the purposes of this sub-section, “freedom fighter” means a
person who has,—
(a) suffered imprisonment or detention for a period of not less than six months; or
(b) become permanently incapacitated as a result of any firing or lathi charge; or
(c) lost his job or means of livelihood or the whole or part of any of his property,
by reason of his participation in the national movement for the liberation of Goa,
Daman and Diu.
(3) Where any land is disposed of under sub-section (2), the Mamlatdar shall
determine the price of the land in accordance with the provisions of section 18C and the
price so determined shall be paid in accordance with the provisions of section 18E.
(4) Where any land or portion thereof is offered for sale under sub-section (2), but no
person comes forward to purchase such land or portion, as the case may be, it shall vest in
the Government free from all encumbrances subsisting on the tillers’ day and the
purchase price payable by the Government to the landlord in respect of the land so vested
in the Government shall be paid in cash.
18K. Restrictions on transfers of land purchased under this Chapter.— No land
purchased by a tenant under this Chapter shall be transferred by sale, gift, exchange,
mortgage, lease or assignment without the previous sanction of the Mamlatdar:
Provided that no such sanction shall be necessary where the land is to be mortgaged
in favour of the Government or a co-operative society for the purpose of a loan for
effecting any improvement of such land.
18L. Power to make rules.— (1) The Government may make rules for the purpose of
carrying into effect the provisions of this Chapter.
(2) Without prejudice to the generality of the foregoing power, such rules may
provide for—
(a) the manner in which the tenant should intimate the landlord and the Mamlatdar
under sub-section (2) of section 18B;
(b) the form of public notice and the manner in which it is so be published under
sub-section (1) of section 18C;
(c) any other matter which is required to be prescribed.”]
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32[CHAPTER III( )]
Section 19 to 22
CHAPTER IV
Fixation of rent
23. Maximum Rent.— (1) Subject to the other provisions of this Act, the rent payable
by a tenant to the landlord in respect of any land shall not exceed one sixth of the gross
produce of such land.
24. Maximum Rent after Survey & Settlement.— (1) The provisions of this section
shall come into force in any area with effect from such date as may be fixed specially by
notification.
(2) In any area in which a survey and settlement of agricultural lands have been
completed in pursuance of the provisions of this Act or of any other law, the maximum
rent payable by a tenant to a landlord shall be such multiples of the land revenue, not
exceeding five, as may be prescribed for each area.
(3) Where the maximum rent has been fixed under sub-section (2) the Mamlatdar
shall, for each village or group of villages or for any area in such village or group within
his jurisdiction fix the rate of rent payable by the tenant for the lease of different classes
of land situated in such village, group or area, as the case may be.
(4) The rate of rent so fixed shall continue for a period of 5 years and shall be liable to
be revised by Government thereafter at the end of each successive period of 5 years;
provided that the rate of rent so fixed, if not revised at the end of next period, shall
continue until it is so revised.
(5) The rent payable by a tenant to his landlord in respect of any land in a village, or
group of villages of area, shall be at the rate fixed under sub-section (3):
Provided that the Mamlatdar may at any time during any such period of five years, on
an application made to him in this behalf and after hearing the landlord or the tenant as
the case may be —
(i) reduce the rent, if he is satisfied that on account of the deterioration by flood, or
other cause beyond the control of the tenant, the land has been wholly or partially
rendered unfit for cultivation, or
(ii) subject to the maximum fixed under sub-section (2), enhance the rent, if he is
satisfied that on account of any improvement made in the land, at the expense of the
landlord, there has been an increase in the agricultural produce thereof.
(6) Until the rent is fixed in accordance with the provisions of the preceding sub-
sections a tenant shall, subject to the maximum provided under sub-section (2), be liable
32 Chapter III omitted by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1976 (Act No. 17 of 1976).
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to pay rent to the landlord at the rate at which it was payable immediately before the date
referred to in sub-section (1).
(7) The rent payable under this section shall, at the option of the landlord, be payable
in kind at such conversion rates as may be fixed by the Government by notification from
time to time.
25. Compensation and penalty for excess recovery of rent.— If any landlord
recovers rent from any tenant in contravention of the provision of section 23 or 24, he
shall forth with refund the excess amount recovered to the tenant and shall be liable to
pay such compensation to the tenant as may be determined by the Mamlatdar, and shall
also be liable to such penalty as may be prescribed by or under this Act.
26. Liability for cost cultivation, tax, works etc.— (1) In the case of land in respect
of which rent has been fixed under the foregoing provisions a landlord shall not be liable
to make any contribution towards the cost of cultivation of the land in the possession of
his tenant, except to the extent otherwise specifically provided for in this Act.
(2) (a) The liability to pay land revenue in accordance with the provisions of any law
for the time being in force shall be that of the landlord.
(b) The liability to pay irrigation cess in accordance with the provisions of any law
for the time being in force, shall be that of the tenant.
(c) The liability to pay any other rate, tax, fee, cess or other charge levied by or
under any other law shall be as provided in such law and in the absence of any
provision, that of the tenant.
(3) In the case of Khajan and Kher lands the duty and responsibility of carrying out
works of maintenance, repair and conservancy of banks, bunds or ridges of tanks or rivers
or other sources of irrigation shall be that of the tenant and the landlord shall not be liable
to make any contribution to the cost of such works:
33“[Provided, however, that in the case of repairs to breaches in bunds which may be
specified by Government as protective bunds, Government shall, on such conditions and
in such manner as may be prescribed, contribute a sum not exceeding 50% of the cost of
such repairs:
Provided, further, that the duty and responsibility of carrying out works of a recurring
nature designed to conserve water such as the closure of apertures of the sides or wall of a
tank such as Khan or popularly known by any other name, shall continue to be that of the
person on whom it was cast, according to the custom, usage or practice in force immediately
before the commencement of this Act.
Any question as to the existence of any such custom, usage, or practice as aforesaid
shall be determined by the Mamlatdar after such enquiry as may be necessary or
prescribed]”.
33 Proviso was earlier amended by the Amendment Act 11 of 1965 however subsequently entire proviso is substituted by
the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1966 (Act No. 10 of 1966).
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34[(3)-A (a) [Whenever it appears to the Mamlatdar that any of the works of
maintenance, repair and conservancy referred to in sub-section (3) have been neglected
for any reason whatsoever he may, by order in writing, direct that the works shall be
carried out by such person as may be specified and the cost thereof shall be recovered
from the beneficiaries of the work done as arrears of land revenue]:
Provided that in the case of repairs to protective bunds where the breaches have
occurred owing to the negligence of the owner of any land to which this Act does not
apply, the cost of repairs incurred as a result of such negligence may also be recovered
from such persons as may be named in the order of the Mamlatdar as arrears of land
revenue.
(b) The person from whom the costs are recovered under the preceding clause shall
be entitled to recover the same or an appropriate portion thereof from any person who
in law is wholly or partially liable to construct, maintain or repair the bunds;
(c) The question as to whom are the beneficiaries of repairs to a bunds shall be
determined by the Mamlatdar;
(d) From any order passed by the Mamlatdar under this sub-section an appeal shall
lie to Government whose decision shall be final]”.
(4) Where the benefit of any such works as is referred to in the 35[preceding sub-sections]
is derived by or is available to more tenants than one, the cost of such works shall be
distributed between all such tenants in such proportion as may be agreed to between them
or, in the absence of an agreement, as may be determined by the Mamlatdar, having due
regard to all relevant circumstances of the case.
(5) For the purpose of ensuring that the duty and responsibility referred to in
sub-section (3) are discharged properly and promptly, the Government may, by order,
direct the tenants concerned to take such measures as may be specified in the order. A
copy of every such order shall be sent to the landlord.
(6) If any tenant commits default in complying with any direction or order passed
under the preceding sub-section the provisions of sub-sections (4) and (6) of section 37
shall apply to such default as if it is a default within the meaning of that section.
27. Bar to recovery of any other sum from tenant.— Save as otherwise provided in
this Act, it shall not be lawful for any landlord to levy any rate, tax, fee, cess or other
charge for service of any description or denomination whatsoever from any tenant in
respect of any land held by him as a tenant other than the rent lawfully due in respect of
such land.
28. Benefit of any suspension or remission of rent.— (1) Whenever by reason of any
natural calamity or like circumstances the payment of the whole land revenue payable to
the Government in respect of any land is suspended or remitted in accordance with such
34 Inserted by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1966 (Act No. 10 of 1966).
35 These words were substituted for the words “preceding sub-section” the Goa, Daman & Diu Agricultural Tenancy
(Amendment) Act, 1966 (Act No. 10 of 1966).
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principles as may be provided for in this behalf the landlord shall suspend or remit, as the
case may be, the payment to him of the rent of such land by his tenant. If in the case of
such land the land revenue is partially suspended or remitted, the landlord shall suspend
or remit the rent payable by the tenant of such land in the same proportion.
(2) If no land revenue is payable to Government in respect of such land and if for any
reason, the payment of the whole or any part of the land revenue payable to Government
in respect of any other land in the neighbourhood of such land has been suspended or
remitted, the Collector, shall subject to the general or special orders of Government, in
the manner provided in sub-section (1) suspend or remit as the case may be the payment
to the landlord of the rent or part of it due in respect of such land.
(3) No proceedings shall be taken for recovery by a landlord of any rent, the payment
of which has been remitted or suspended or during the period for which the payment of
such rent has been remitted or suspended under this section. The period during which the
payment of rent is remitted or suspended under this section shall be excluded in
computing the period of limitation prescribed for any proceeding for the recovery of such
rent.
(4) If any landlord fails to suspend or remit the payment of rent as provided in this
section, he shall be liable to refund to the tenant the amount recovered by him in
contravention of this section, if the Mamlatdar, after making an inquiry, orders the refund.
CHAPTER V
Other rights and liabilities
29. General.— Save as provided in this Act, the rights and privileges of any tenant
under any custom, usage or law for the time being in force or arising out of any contract,
grant, decree or order of a court or otherwise howsoever, shall not be limited or abridged.
30. Presumption as to rent and duty to give receipt.— (1) In the absence of
an express intimation in writing to the contrary by a tenant, every payment made by a
tenant to the landlord shall be presumed to be a payment on account of rent due by such
tenant for year in which the payment is made.
(2) When any amount of rent is received in respect of any land by a landlord or by a
person or behalf of such landlord, the landlord or, as the case may be, the person shall at
the time when such amount is received by him give a written receipt therefore in such
form and in such manner if any as may be prescribed.
31. Tenant's right to trees on the land.— If in any portion of agricultural land leased
to a tenant not covered by cultivation, the tenant has planted or plants any trees, he shall
be entitled to the produce and the wood of such trees during the continuance of his
tenancy and shall on the termination of his tenancy be entitled to such compensation for
the said trees as may be determined by the Mamlatdar:
Provided that the tenant shall not be entitled to compensation under this section if the
tenancy is terminated by surrender under section 10.
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(2) If in any such portion of the lands as is referred to in sub-section (1) there are any
trees naturally growing thereon, the tenant shall, during the continuance of his tenancy, be
entitled to two-thirds of the produce of the trees and the landlord to the remaining one
third.
32. Compensation for improvements made by tenant.— (1) A tenant who has made
any improvement on the land held by him, other than what he is bound to do under this
Act, shall, if his tenancy is terminated under the provisions of this Act, be entitled to
compensation for such improvement the amount of which shall, on application made by
by the tenant in the prescribed form, be determined by the Tribunal in accordance with
the provisions of sub-section (2).
(2) The amount of compensation shall be the value of the improvement at the time of
the termination of the tenancy estimated with due regard to:
(a) the amount by which the value of the land is increased by the improvement;
(b) the condition of the improvement as at the time of application and the probable
duration of its effect;
(c) the labour and capital provided or spent by the tenant for the making of the
improvement; and
(d) any reduction or remission of rent or other advantage allowed to the tenant by
the landlord in consideration of the improvement.
33. Right to erect farmhouse.— A tenant shall be entitled to erect a farmhouse on the
land held by him as a tenant with the consent of the landlord and without deteriment to
the area of cultivation:
Provided that where the landlord refuses to give consent within a period of sixty days
from the date of request or where the landlord unreasonably refuses to give such consent,
the tenant shall be entitled to erect the farmhouse with the consent of the Mamlatdar to
be given after hearing the parties.
34. Maintenance of boundary marks.— The responsibility for the maintenance and
good repair of the boundary marks of the land held by the tenant and for the payment of
any charges reasonably incurred on account of services by revenue officers in case of
alteration, removal or disrepair of such boundary marks shall be that of the tenant.
35. Repairs to protective bunds.— (1) The duty and the responsibility of the
construction, maintenance or repairs of any bunds referred to in sub-section (3) of section
26 shall be that of the tenant notwithstanding any law, agreement, usage or custom or
decree or order of a court, to the contrary.
(2) If it appears to the Government that the said construction, maintenance or repair
has been neglected owing to a dispute between the tenant and the landlord, or between the
tenants themselves, or for any reason, the Government may, by order in writing, direct
that the construction, maintenance or repair shall be carried out by such person as may be
specified in the order and the costs thereof shall be recoverable from the person in actual
possession of the bund as arrears of land revenue.
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(3) The person from whom the costs are recovered under sub-section (2) shall be
entitled to recover the same or an appropriate portion thereof from any person who in law
is wholly or partially liable to construct, maintain or repair the bunds.
36. Power to assume management.— (1) If it appears to the Government that for any
two consecutive years including any period before the commencement of this Act, any
land has remained uncultivated through default either of the landlord or of the tenant, or
that cultivation of any land has seriously suffered for any other cause whatsoever, or that
any land capable of being used, if reclaimed or otherwise improved, howsoever, has not
been so reclaimed or otherwise improved and cultivated, or that any land is remaining as
a pasture land in excess of the ordinary grazing requirements of the cattle of the person
entitled to graze cattle thereon, the Government may, after such enquiry as may be
prescribed, declare by notification that the management of such land shall be assumed,
and such declaration shall be conclusive.
36[Explanation: A land which is cultivable both during the “Sard” (Kharif) and
“Vaingan” (Rabbi) season in a year, is not cultivated during anyone of the said season
during any year, shall for the purpose of this section be deemed to have remained
uncultivated for that year.]
(2) On the publication of a notification under sub-section (1), the Government or an
officer authorized by the Government in this behalf shall appoint a manager to be in
charge of the land and the manager so appointed shall be deemed to be a public servant
within the meaning of the Indian Penal Code, 1860.
(3) During the period commencing from the date of publication of the notification
under sub-section (1) and ending with the termination of management under sub-section
(4) the following provisions shall have effect, namely:
(a) all legal proceedings pending and all processes, executions or attachments in
force in respect of debts and liabilities enforceable against the land shall be suspended
and no fresh proceedings, processes, executions or attachments shall be instituted,
issued, enforced or executed in respect thereof;
(b) the landlord shall be incompetent and the manager shall be competent:
(i) to enter into any contract with respect of the land;
(ii) to mortgage, charge, lease or alienate the land or any part thereof; and
(iii) to grant valid receipts for rents or profits accruing from the land:
Provided that the manager shall not be competent to alienate any and save with the
prior approval of the Government and with the consent of the landlord, or where the
landlord cannot be found; after the publication of a notice in the prescribed manner:
37[Provided further that where the manager is satisfied that for the purpose of
bringing the land under cultivation it is necessary for the lessee to make improvement
on the land at a considerable cost or labour or both, it shall be competent for the
manager subject to the previous approval of the Government to remit to the lessee the
36 Explanation added by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1968 (Act No. 13 of 1968).
37 Inserted by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1968 (Act No. 13 of 1968).
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whole or part of the rent payable to him in respect of the land, for a maximum period
of five years.]
(c) all powers, which if the management of the and has not been assumed, would
have been exercisable by the landlord shall be exercisable by the manager who shall
receive and recover all rents and profits due in respect of the land under management
and for the purpose of recovering the same may exercise, in addition to the powers
exercisable by the landlord the powers exercisable by a Collector for the recovery of
land revenue;
(d) from the sums received on account of the land, the manager shall pay—
(i) the cost of management including the cost of necessary repair;
(ii) the Government revenue and all sums due to the Government in respect of
the land under management;
(iii) the rent, if any, due to any superior holder in respect of the land;
(iv) such periodical allowance as the Collector may from time to time fix for
the maintenance and other expenses of the landlord and of such members of his
family as the Collector directs; and
(v) the cost of such improvement of the land as he thinks necessary and is
approved by the Collector;
(e) the manager shall pay to the landlord the balance, if any, remaining after the
expenses referred to in clause (d) have been defrayed:
Provided that if any proceedings in respect of debts and liabilities enforceable
against the land have been suspended under clause (a), the manager shall, out of such
balance deposit an amount, not exceeding the amount estimated to be required for the
meeting of such debts and liabilities, with the Court in which the proceedings were
pending.
38[(3A) Where the management of any land has been assumed under sub-section (1)
on account of the default of the tenant, such tenant shall cease to have any right or
privilege under the provisions of this Act, in respect of such land with effect from the
date on and from which such management has been assumed.]
(4) (a) When in the opinion of the Government it has become unnecessary to continue
the management of the land the Government shall by notification terminate the
management thereof.
(b) On the termination of management, the land (together with any balance of
monies creditable to the landlord) shall be delivered to the landlord from whom the
management was assumed if he is dead, to the person appearing to the Government to
be entitled to the land.
38 Inserted by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1968 (Act No. 13 of 1968).
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(c) All acts done by the manager during the period of management shall be binding
on the landlord or other person to whom the land is delivered under clause (b).
(d) The period during which the institution of any proceedings has been prohibited
by clause (a) of sub-section (3) shall be excluded from the computation of the period of
limitation for the institution of that proceeding.
(5) The Government may appoint a Comunidade, a Village Panchayat, or a Co-
operative Society as manager for the purposes of this section.
37. Prescription of standards of cultivation and management.— (1) With a view to
bring agricultural economy to a higher level efficiency the Government may, by rules, regulate
standards of efficient cultivation and management.
(2) Such rules may provide for the issue of directions as regard the methods of
agriculture to be adopted, for the use of improved seeds, for the proper maintenance of
embankments and bunds, for the sale of surplus food grains and for ensuring proper
wages and terms of employment to agricultural workers, for the maintenance of regular
and accurate accounts in respect of cultivation, and for the issue of such other direction as
may be necessary or desirable for the efficient utilisation of lands.
(3) Subject to the rules made under sub-section (1), the Government may by order
published in the Official Gazette prescribe and programme referred to above he shall —
(4) If any tenant makes any default in observing the standards of programme referred
to above he shall —
(i) for the first season in which the default occurs, be issued a warning;
(ii) for the next season in which a default occurs, be liable to pay additional rent to
the landlord of ten per cent over and above the rent payable by him, if the default is not
due to any act of omission on the part of the landlord; and
(iii) for the succeeding season in which the default occurs again be liable to be
evicted from the land under an order of the Mamlatdar.
(5) If any landlord makes any default in observing the standards of programmes
referred to above, he shall be liable to forego in favour of the tenant ten per cent of the
rent due to him if such default occurred more than once in a year.
(6) The penalties provided in sub-sections (4) and (5) shall be in addition to the
penalties if any, provided by or under this Act or any other law for the time being in
force.
38. Tenant’s right to operate sluice gates. — (1) Where, for the purpose of
regulating supply of water 39[or] for irrigation of any land, there is any sluice gate or other
such contrivance, the right to operate and the duty and responsibility of maintaining such
sluice gate or other contrivance, as also the right to the fisheries, if any, in the vicinity
thereof, shall be that of the tenant, notwithstanding any other law, custom, usage,
agreement or contract, decree or order of any court to the contrary.
39 Inserted by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1965 (Act No. 11 of 1965).
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(2) Where immediately before the commencement of this Act, any such right as is
referred to in sub-section (i) vested in the landlord or any other person, other than the
Government, the tenant shall be liable to pay to the landlord or other person, by way of
rent for the exercise of the right conferred under that sub-section, a sum of money to be
fixed by the Tribunal in accordance with such principles as may be prescribed.
(3) The rights conferred on a tenant under sub-section (1) shall, where there are more
tenants than one who derive benefit from the same sluice gate or other such contrivance,
be exercised by all the tenants jointly in accordance with such principles as may be
prescribed.
40[(4) Nothing in sub-section (1) shall be deemed to confer on the tenant any right to
any fisheries or other property in the ownership or possession of Government or to
authorise him to block or stagnate water for the purpose of catching or breeding fish, in
any land used for agriculture.]
39. Construction of water course through land belonging to other person.— 41[(1)
If any person (hereinafter called the applicant) desires to construct, or repair or to
maintain, as the case may be, water course to take water for purpose of agriculture from a
source of water to which he is entitled but such water course is to be constructed or runs
through any land which belongs to, or is in possession of, another person (hereinafter
called the neighbouring holder) and if no private agreement is arrived at for such
construction or repairs or maintenance, as the case may be, between the applicant and the
neighbouring holder, the person desiring to construct or repair or maintain the water
course may make an application in the prescribed form to the Mamlatdar].
(2) On receipt of the application, if the Mamlatdar, after making an inquiry and after
giving to the neighbouring holder and all other persons interested in such land an
opportunity of stating any objection to the application, is satisfied that for ensuring the
full and efficient use for agriculture of the land belonging to the applicant it is necessary
to construct 42[or to repair or to maintain, as the case be] the water course, he may, by
order in writing direct the neighbouring owner to permit the applicant to construct the
water course on the following conditions:
(i) the water course shall be constructed through such land direction and manner
as is agreed upon by the parties or failing agreement, as directed by the Mamlatdar so
as to cause as little damage to the land through which it is constructed, as may be
possible;
(ii) where the water course consists of pipes, the pipes shall be laid at a depth not
less than one foot and a half from the surface of the land;
(iii) where the water course consists of water channel, the channel shall not exceed
five feet in breadth;
40 Inserted by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1965 (Act No. 11 of 1965).
41 The existing sub-section is substituted by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1966
(Act No. 10 of 1966 ).
42 Substituted by Amendment Act 10 of 1966
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(iv) the applicant shall pay to the neighbouring holder such compensation for any
damage caused to such land by reason of the construction of the water course or such
annual rent, as the Mamlatdar may decide to be reasonable;
(v) the applicant shall maintain the water course in a fit state of repairs;
(vi) the applicant shall within the prescribed period execute an agreement in the
prescribed form in favour of the neighbouring holder; and
(vii) such other conditions as the Mamlatdar may think fit to impose.
(3) An order made under sub-section (2) shall direct how the amount of compensation
shall be apportioned among the neighbouring holder and all persons interested in the land.
(4) An order made under sub-section (2) shall after the applicant executes an
agreement as required under clause (vi) of sub-section (2) be a complete authority to him
or to any agent or other person employed by him for the purpose to enter upon the land
specified in the order with assistants or workmen and to do all such works as may be
necessary for the construction of the water course and for renewing or repairing the same.
(5) The provisions of the foregoing sub-sections and of sections 40 to 42 shall apply
mutatis mutandis to the case of a person whose land does not have adequate drainage
facilities and who desires to construct a drainage channel through any land which belongs
to, or is in the possession of, another person.
40. Failure to pay rent to keep water course in good repair.— If the applicant in
whose favour an order under sub-section (2) of section 39 was made —
(a) fails to pay the amount of compensation or the amount of the rent, it shall be
recovered as an arrear of land revenue on an application being made to the Mamlatdar
by the person entitled thereto;
(b) fails to maintain the water course in a fit state of repairs shall be liable to pay
such compensation as may be determined by the Mamlatdar for any damage caused on
account of such failure.
41. Removal or discontinuance of water course — (1) If a person intends to remove
or discontinue the water course constructed under the authority conferred on him under
section 39, he may do so after giving notice to the Mamlatdar and the neighbouring
holder.
(2) In the event of removal or discontinuance of such water course, the person taking
the water shall fill in and reinstate the land at his own cost with the least practicable
delay. If he fails to do so, the neighbouring holder may apply to the Mamlatdar who shall
require such person to fill in and reinstate the land.
42. Neighbouring holder entitled to use surplus water on payment of rate.— The
neighbouring holder or any person on his behalf shall have the right to the use of any
surplus water from the water course on payment of such rates as may be agreed upon
between the parties, and on failure of agreement, as may be determined by the
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Mamlatdar. If a dispute arises whether there is or is no surplus water in the water course,
it shall be determined by the Mamlatdar, and his decision shall be final.
43[42A. Procedure for regulating the discharge of joint responsibility of tenants.— (1)
When under any of the provisions of this Act, the duty and responsibility of any work of
conservancy, maintenance or repair of any bund, embankment, ridge, sluice gate or any other
work is that of more than one tenant, Government may, by rules regulate the manner in which
such duty or responsibility shall be discharged and also the determination and recovery of the
share of a tenant of the cost of a work to which he is under an obligation to contribute.
(2) Without prejudice to the generality of the foregoing, such rules may provide for —
(i) the constitution, functions and organisation of tenants associations for any
local area;
(ii) the management and regulation of sources of income of the associations such
as income from trees on bunds, operation of sluice-gates, fisheries and such other
sources of income as may be prescribed;
(iii) the termination of the beneficiaries of any work, the apportionment an
recovery of the cost of such work from among them;
(iv) the manner in which works shall be executed; and
(v) the conditions and mode of payment of Government’s contribution.
(3) any sum which is payable by a tenant or any other person towards the cost of any
such work as is referred to in sub-section (1) shall be recoverable as arrears of land
revenue.
Explanation:— For the purpose of this section the term “tenant” shall include every
person who cultivates the land personally].
CHAPTER VI
Tribunal, Procedure and Appeals
44[43. Tribunal.— (1) For the purpose of this Act there shall be a Tribunal consisting
of not more than three members, called the Agricultural Lands Tribunal, for such area as
the Government may, by notification, from time to time specify.
(2) Notwithstanding anything contained in sub-section (1) the Government may
appoint any officer not below the rank of a Mamlatdar to be the Agricultural Lands
Tribunal and to exercise the powers and to perform the duties and functions of the said
Tribunal under this Act in a Taluka or in any other area as may be specified in this behalf.
(3) Save as otherwise provided, the qualifications of the members constituting the
Tribunal and conditions of service and all other matters relating to the constitution or
organisation of the Agricultural Lands Tribunal shall be such as may be prescribed.]
43 Inserted by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1966 (Act No. 10 of 1966).
44 Section substituted by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1968 (Act No. 13 of 1968).
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44. Other functions of the Tribunal, etc.— (1) The Mamlatdar, the Tribunal and the
Collector shall in addition to the powers and duties conferred upon them by or under the
provisions of this Act, perform in relation to this Act such other functions as may be
prescribed and shall decide such other matters as may be referred to them by the
Government.
(2) All other matters arising for determination and all disputes between the landlord
and the tenant in relation to matters arising under this Act and not otherwise provided for
shall be decided by the Tribunal.
(3) The Government may by notification empower any other officer or authority,
including a Village Panchayat or Co-operative Society or the Block Development Officer,
with any of the powers and duties conferred by or under this Act on the Mamlatdar.
45. Powers of Tribunal.— (1) The Tribunal shall have the same powers in making
inquiries under this Act as are vested in Courts in respect of the following matters under
the Code of Civil Procedure, 1908 in trying a suit, namely:
(a) proof of facts by affidavit,
(b) summoning and enforcing the attendance of any person and examining him on
oath,
(c) compelling the production or documents,
(d) awarding costs, and
(e) such other powers as may be prescribed.
(2) The orders of the Tribunal shall be given effect to in the manner provided by or
under this Act.
46. Commencement of Proceedings.— Save as otherwise expressly provided by or
under this Act all inquiries and other proceedings before the Mamlatdar or Tribunal shall
be commenced by an application which shall contain the following particulars:
(a) the name, age, profession and place of residence of the applicant and the
opponents;
(b) a short description and situation of the property of which possession is sought, or
the amount of the claim, as the case may be;
(c) the circumstances out of which the cause of action arose;
(d) a list of the applicant’s documents, if any, and of his witnesses, and whether such
witnesses are to be summoned to attend or whether the applicant will produce then on
the day of the hearing; and
(e) such other particulars as may be prescribed.
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45[46A. Powers of the Mamlatdar to inquire into contraventions.— (1)
Notwithstanding the fact that no application has been made to him in this behalf the
Mamlatdar may, upon information received or upon his own knowledge or suspicion, that
any of the provisions of this Act have been contravened hold an inquiry in the prescribed
manner into the alleged contravention as if an application had been made to him in this
regard.
(2) Government may, in any case where it has reason to believe that there has been a
contravention of the provisions of this Act, direct the Mamlatdar to hold an inquiry into
alleged contravention.
The powers of Government under this sub-section may also be exercised by the
Collector or any other Officer empowered in this behalf by Government].
47. Power to transfer proceedings.— (1) The Government, or the Collector within
the area of his jurisdiction, may after due notice to the parties, by order in writing transfer
any proceeding under this Act pending before a Mamlatdar from such Mamlatdar to any
other Mamlatdar and the Mamlatdar to whom the proceeding is so transferred shall there-
upon exercise jurisdiction under this act in such proceedings.
(2) The Government may in exceptional circumstances or in public interest transfer to
itself any proceedings pending before a tribunal or Collector.
48. Execution of order for payment of money or restoring possession.— (1) Any
sum the payment of which has been directed by an order of the Mamlatdar or the Tribunal
or the Collector including an order awarding costs, shall be recoverable from the person
ordered to pay the same as an arrear of land revenue; an order of the Mamlatdar or the
Tribunal awarding possession or restoring the possession or use of any land shall be
executed such manner as may be prescribed:
Provided that such recovery shall not be made and such order 47‘[other than an order
directing the restoration of possession to a tenant] shall not be executed till the expiry of
the period of appeal or, as the case may be, of application for revision as provided in this
Act.
48[Explanation:- For the purposes of the preceding proviso the expression “tenant”
shall not include a person deemed to be a tenant under section 4 or section 5].
(2) An order or decision of the Mamlatdar in execution proceedings, subject to appeal,
if any, shall be final.
49. Appeals.— (1) From every order 49[including an order passed under chapter II-A]
other than an interim order passed by the Mamlatdar50[or the Tribunal] under this Act, an
45 Inserted by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1966 (Act No. 10 of 1966).
47 Inserted by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1966 (Act No. 10 of 1966).
48 Added by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1966 (Act No. 10 of 1966).
49 Inserted by Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1976 (Act No. 17 of 1976).
50 Inserted by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1968 (Act No. 13 of 1968).
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appeal shall lie to the Collector and the orders of the Collector on such appeal shall be
final, subject to revision, if any, by 51[the Administrative Tribunal.]
52[...]
(2) From every original order other than an interim order53 [...] passed by the Collector
54[...] and appeal shall lie to the 55[Administrative Tribunal] and the orders of
Administrative Tribunal on such appeal shall be final.
50. Revision.— (1) where no appeal lies under this Act, or none has been filed within
the period provided for it, the Collector may, on his own motion or on an application
made by an aggrieved person or on a reference made in this behalf by the Government, at
any time call for the record of any inquiry or the proceedings of any Mamlatdar 56[or
Tribunal] for the purpose of satisfying himself as to the legality or propriety of any order
passed by and as to the regularity of the proceedings of such Mamlatdar 56 [or Tribunal]
and pass such order thereon as he deems fit:
Provided that no such record shall be called for after the expiry of one year from the
date of such order and no order of such Mamlatdar shall be modified, annulled or
reversed unless opportunity has been give to the interested parties to appear and be heard.
57[(2) An application for revision may be made to the Administrative Tribunal against
any order, other than an interim order of the Collector, on the following grounds only:-
(a) that the order of the Collector was contrary to law;
(b) that the Collector has failed to determine some material issue of law; or
(c) that there was a substantial error in following the procedure provided by this Act,
which has resulted in the miscarriage of justice.
(3) On the coming into force of the Goa, Daman and Diu Agricultural Tenancy
(Amendment) Act, 1968, all revision applications pending with the Government shall
stand transferred to the Administrative Tribunal and shall be disposed of by the said
Administrative Tribunal as if they had been filed under sub-section (2).]
51. Extent of powers in appeal or revision.— (1) The Collector 58[or the
Administrative Tribunal] in appeal or in revision, may confirm, modify or rescind the
51 For the word “the Government” the words “the Administrative Tribunal” substituted by the Goa, Daman & Diu
Agricultural Tenancy (Amendment) Act, 1968 (Act No. 13 of 1968).
52 Proviso omitted by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1968 (Act No. 13 of 1968).
53 The words “or an order in appeal or revision” omitted by the Goa, Daman & Diu Agricultural Tenancy (Amendment)
Act, 1968 (Act No. 13 of 1968).
54 The words “or by the tribunal” omitted by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1968 (Act
No. 13 of 1968).
55 The word “Government” is substituted in both the places by the Goa, Daman & Diu Agricultural Tenancy
(Amendment) Act, 1968 (Act No. 13 of 1968).
56 After the word ”Mamlatdar” the words wherever it occurs “or Tribunal” inserted by the Goa, Daman & Diu Agricultural
Tenancy (Amendment) Act, 1968 (Act No. 13 of 1968).
56 After the word ”Mamlatdar” the words wherever it occurs “or Tribunal” inserted by the Goa, Daman & Diu Agricultural
Tenancy (Amendment) Act, 1968 (Act No. 13 of 1968).
57 For existing sub-section (2) new sub-sections are substituted by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act,
1968 (Act No. 13 of 1968).
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order in appeal or revision or its execution or may 59‘[remand the case for disposal with
such direction as deemed fit or] pass such other order as may seem legal and just in
accordance with the provisions of this Act.
(2) The orders passed in appeal or revision shall be executed in the manner provided
for the execution of the orders of the Mamlatdar or the Tribunal under this Act.
52. Limitation and Court Fees.— (1) Every appeal or application for revision under
this Act shall be filed within a period of sixty days from the date of the order of the
Mamlatdar, Tribunal or Collector, as the case may be and the provisions of sections 4, 5,
12 and 14 of the Limitation Act, 1963, shall apply to the filing of such appeal or applica-
tion for revision.
(2) Notwithstanding anything contained in the Court Fees Act, 1870 every appeal or
application made under this Act to the Mamlatdar, Tribunal, Collector or the
60[Administrative Tribunal] shall bear a Court fee stamp of such value as may be
prescribed.
53. Procedure.— (1) Subject to the other specific provisions in this behalf, the
procedure to be followed by the Mamlatdar or the Tribunal or the Collector 61[...] in all
inquiries, appeals and proceedings under this Act and in revision by the Collector 61 [...]
shall be such as may be prescribed;
(2) Every decision or order passed under this Act shall be recorded in the form of an
order which shall state the reasons therefor.
(3) All inquiries and proceedings before the Mamlatdar, the Tribunal, 62[and the
Collector] shall be deemed to be judicial proceedings within the meaning of sections 193,
219 and 228 of the Indian Penal Code.
CHAPTER VII
Survey, settlement and records of rights
54. Power to make rules for survey, etc.— (1) It shall be lawful for the Government
to take all measures for the survey, classification and assessment of all lands, for the
preparation and maintenance of land records, including the record of rights and maps and
for all other matters connected therewith or incidental thereto, in accordance with such
rules as may be made in this behalf.
58 The words “the Tribunal or Government” substituted by the Goa, Daman & Diu Agricultural Tenancy (Amendment)
Act, 1968 (Act No. 13 of 1968).
59 Inserted by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1975 ( Act No. 18 of 1975 ).
60 The word “the Government” substituted by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1968
(Act No. 13 of 1968).
61 The words “or the Government” omitted on both the places by the Goa, Daman & Diu Agricultural Tenancy
(Amendment) Act, 1968 (Act No. 13 of 1968).
61 The words “or the Government” omitted on both the places by the Goa, Daman & Diu Agricultural Tenancy
(Amendment) Act, 1968 (Act No. 13 of 1968).
62 Substituted by (Amendment) Act, 1968 (Act No. 13 of 1968).
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(2) Without prejudice to the generality of the foregoing, rules may be under this Act,
for:
(i) the appointment, powers and functions of revenue officers;
(ii) the grant, use and relinquishment of unoccupied land;
(iii) the survey and classification of land and the assessment and settlement of land
revenue payable under any law for the time being in force;
(iv) the settlement of boundaries and the construction and maintenance of
boundary marks;
(v) the preparation and maintenance of records of rights;
(vi) the realisation of land revenue or other revenue demands; and
(vii) the procedure to be followed by the revenue officers in enquiries under the
rules including provisions for appeals and revision.
(3) Any such rule may be made with retrospective effect from a date nor earlier than
the 19th December, 1961.
CHAPTER VIII
Miscellaneous
55. Lands held by Comunidades.— For the removal of doubts it is hereby declared
63[that the lands owned by a Comunidade shall be deemed to be owned by it as a single
person and not by the individual members thereof and] that the provisions of this Act
shall apply to 64[such lands] and the provisions in the Code of Comunidades or any other
Decree or other law relating to Comunidades shall stand modified or repealed to the
extent necessary.
56. Exemption.— (1) The provisions of this Act shall not apply to lands leased or held
by the Government or lands granted to or for the benefit of any individual specifically for
rendering any service to any religious, educational or charitable institution or for any
other specific service to the public 65[ ]
(2) The Government may, by notification, exempt any class of persons from the
operation of all or any of the provisions of this Act.
(3) In particular, and without prejudice to the generality of sub-section (2), the
Government may grant such exemption in respect of any land which is the property of a
temple, church, mosque or any other institution for public religious worship or of a trust
for educational or charitable purpose, or hospital, pinjrapole or goshala, provided that the
entire income of such land is appropriated for the purpose of such temple, church,
mosque institution, trust, hospital, pinjrapole or goshala.
63 Inserted by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1965 (Act No. 11 of 1965).
64 Inserted by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1965 (Act No. 11 of 1965).
65 By the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1968 (Act No. 13 of 1968) the words “or lands
vested in the Custodian under the Goa, Daman and Diu Administration of Evacuee Property Act, 1964”.were inserted.
However by the Goa Administration of Evacuee Property (Amendment) Act, 1989 (Act No. 19 of 1989) same has been
omitted.
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(4) The Government may, by notification, reserve any area for non-agricultural
purposes, or industrial development and thereupon the provisions of this Act shall cease
to apply in relation to any land in such area.
(5) Any exemption which is granted by Government may be withdrawn by the
Government by notification.
57. Delegation of powers.— The Government may, by notification, delegate to any
officer not below the rank of a Collector, all or any of the powers conferred on
Government by or under this Act subject to such conditions if any, as may be specified in
the notification.
58. Bar to jurisdiction of Courts.— (1) No suit or other proceeding shall lie against
any person in respect of anything which is in good faith done or intended to be done
under this Act.
(2) Save as provided in this Act, no Court shall have jurisdiction to settle, decide or
deal with any question which is by or under this Act required to be settled, decided or
dealt with by the Mamlatdar, Tribunal Collector or Government, and no order passed by
these authorities under this Act shall be questioned in any Civil or Criminal Court:
66[58A. Bar on appearance by Pleaders.— Notwithstanding anything contained in
this Act or any law for the time being in force, no pleader shall be entitled to appear on
behalf of any party in any proceedings under this Act before the Mamlatdar, or the
Collector:
Provided that the Mamlatdar, or the Collector may, in the interests of justice and for
reasons to be recorded in writing, allow the parties to be represented at their own cost by
a pleader:
Provided, further, that pleader’s fees shall not be allowed as part of the costs in any
such proceedings:
Provided also that if any officer of Government is appointed declared by a competent
court or is authorised under any law for the time being in force as a guardian,
administrator or manager of the property of a person who is under a legal disability or is
incompetent or unable to manage or to act, such Officer shall be entitled to appear
through a representative authorised by him in writing in this behalf in any proceedings
before the Mamlatdar, or the Collector.
Explanation:— For the purpose of this section the expression “pleader” includes an
advocate, attorney, Vakil or any other legal practitioner but does not include a
representative of Farmers Association].
59. Power to give directions.— The Government shall have power to issue directions
or orders to Mamlatdars, Tribunal and Collectors, to give effect to the provisions of this
Act and the rules made thereunder.
66 Inserted by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1966 (Act No. 10 of 1966).
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60. Penalty.— Whoever contravenes any provision of this Act or of any rules made
thereunder shall on conviction by a Magistrate be punishable with a fine not exceeding
five hundred rupees.
67[60A. Offences under the Act to be cognizable and compoundable:— Notwithstanding
anything contained in the Code of Criminal Procedure, 1898 (5 of 1898) —
(a) every offence under this Act shall be cognizable; and
(b) every such offence may, with the permission of the Court, be compoundable.
60B. Offences by Companies.— Where a person committing an offence under this
Act is a company or other body corporate, or an association of persons (whether
incorporated or not) every Director, Manager, Secretary, Agent or other Officer or person
concerned with the Management thereof, shall unless he proves that the offence was
committed without his knowledge or consent, be deemed to be guilty of such offence].
61. Rules.— (1) The Government may, by notification, make rules generally to carry
out the purposes of this Act.
(2) All rules made under this Act shall be subject to the condition of previous
publication and all rules shall be laid on the table of the Legislative Assembly after they
are made and shall be subject to such modifications as the Assembly may make during
the Session in which they are so laid or the session immediately following.
62. Power to remove difficulties.— If any difficulty arises in giving effect to the
provisions of this Act, the Government may, by order as occasion requires, do anything
(not inconsistent with this Act) which appears to it to be necessary for removing the
difficulty.
67 Section 60A and 60B inserted by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1966 (Act No. 10 of 1966).
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Government of Goa, Daman and Diu
Secretariat
—
Notification
TNC/NTF - 1/65
In exercise of the powers conferred in sub-section (3) section (1) of the Goa, Daman
and Diu Agricultural Tenancy Act, 1964, the Government hereby fixes 8th February,
1965 as the date on which the provisions of the said Act shall come into force in the
whole of Goa, Daman and Diu.
By order and in the name of the Administration of Goa, Daman and Diu.
A. F. Couto, Development Commissioner.
Panaji, 3rd February, 1965.
(Published in the Government Gazette, Series I No. 6 dated 5-2-1965).
THE GOA, DAMAN AND DIU AGRICULTURAL TENANCY RULES, 1965
Planning and Development Department
___
Notification
TNC/626/65
In exercise of the powers conferred by section 61 of the Goa, Daman Diu Agricultural
Tenancy Act, 1964, the Government is pleased to make the following Rules.
The Goa, Daman and Diu Agricultural Tenancy Rules, 1965
1. Short title and commencement.— (i) These Rules may be called the Goa, Daman
and Diu Agricultural Tenancy Rules, 1965.
(ii) They shall come into force at once.
2. Definitions.— In these rules, unless there is anything repugnant to the subject or
context:-
(a) “Act” means the Goa, Daman and Diu Agricultural Tenancy Act, 1964;
(b) “Form” means a form appended to these Rules;
(c) “Profits of Agriculture” in respect of any land means the surplus remaining with
the cultivator, after the expenses of cultivation including the wages of the cultivator,
working on the land are deducted from the gross produce;
(d) “Section” means a section of the Act;
(e) Words and expressions used, but not defined in these rules shall have the
meanings assigned to them in the Act.
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3. Time for making application to Mamlatdar under sub-section (4) of
section 11.— An application for permission to terminate the tenancy under sub-section
(4) of section 11 shall be made by the landlord within 90 days from the date on which the
period of the notice given to the tenant under sub-section (2) of section 11 expires.
4. Form of application for recovery of arrears of rent under sub-section (2) of
section 12.— An application for recovery of arrears of rent shall be made by
the landlord in Form I.
5. Manner of giving notices by the Mamlatdar or Tribunal.— Any notice, required
to be given by the Mamlatdar or Tribunal under the provisions of the Act or Rules shall
be issued in duplicate and served by delivering or tendering, the copy to the person
therein named by sending it by registered post A. D. to his address or if such
person cannot be found, then by, affixing the copy to some conspicuous place on the land,
if any, to which such notice refers and to the Notice Board of the Mamlatdar’s office
concerned.
1[5-A. Manner of giving notice under section 13-A(1) and signing readiness to
purchase under section 13-A(2).— (1) A landlord intending to sell any land cultivated
by a tenant shall give notice of his intention to the tenant in writing in Form I-A. He shall
serve this notice on the tenant by delivering or tendering it to him or by sending it by
Registered Post acknowledgement due to his last known address. A copy of the notice
shall also be sent to the Mamlatdar.
(2) On receipt of a notice under sub-section (1) of section 13-A, the tenant shall
signify his readiness to purchase the land in writing in Form I-B within 30 days of the
receipt of the notice to the landlord by delivering or tendering it or by sending it by
Registered Post acknowledgement due to his last known address. A copy of the letter
shall also be sent to the Mamlatdar.
5-B. Manner of applying to the Collector under section 13-A (3) and manner of
determining price of land under section 13-A (3).— (1) A tenant who finds that the
price at which the landlord intends to sell his land is excessive, shall make an application
in duplicate to the Collector under sub-section (3) of section 13-A in Form I-C and shall
present it to the Collector in person during office hours.
(2) On receipt of such application the Collector shall send a copy of the application to
the landlord.
(3) The Collector shall then hold an enquiry after summoning the landlord, the tenant
and their witnesses, if any, on a specified day.
(4) On the specified day or on any subsequent day to which the inquiry may be
adjourned, the Collector shall take evidence of the parties and after taking into
consideration the principles of assessing the market value of the land as laid down in the
Land Acquisition Act, 1894, shall pass an order determining the price of the land.
1 Rule 5A to 5C inserted by Sixth Amendment Rules, 1969 published in Govt. Gazette, Series I No. 34 dtd. 20-11-1969.
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5-C. Terms on which a loan may be granted under section 13-A(7).— A loan to be
granted to a tenant under sub-section (7) of section 13-A shall be on the following terms,
namely:—
(i) the amount of loan shall not exceed seventy five percent of the price of the land
at which the tenant is buying the land;
(ii) the tenant shall mortgage the land purchased by him, with the President of India
till the entire loan amount and the interest payable thereon is fully paid to the
Government;
(iii) the loan shall bear an interest of nine per cent per annum and shall be repaid in
ten equal or nearly equal annual instalments before such date as may be fixed by the
Collector; the first instalment shall be payable on the expiry of one year from the
drawal of loan;
(iv) if an instalment of loan amount and the interest due thereon is paid within the
prescribed period, the tenant shall get a rebate of three percent in the rate of interest
payable by him at the time of such payment:
(v) the tenant shall not be entitled to the transfer in any way his interest in the land
till the loan amount and the interest due thereon is fully repaid;
(vi) if the tenant commits any default in payment of any instalment of the loan
amount and the interest due thereon, the balance amount of the loan to be repaid shall
become immediately recoverable and Government shall be entitled to sell the land in
any manner deemed suitable by the Collector and the balance amount of the loan and
the interest shall be recovered from the sale proceeds and the balance, if any, shall be
handed over to the defaulting tenant.]
6. Forms of certificates under section 17 and fees therefore.— (1) The certificate to
be granted by the Tribunal under sub-section (5) of section 17 shall be in Form II, and the
certificate to be granted under sub-section (6) of the said section shall be in Form III.
(2) The scale of fees payable for a certificate in Form II or III shall be as under-—
1. When the value of the site 2 per cent. of the value subject to a minimum
does not exceed Rs. 2,000/- of Rs. 2/-.
2. When the value of the site (i) For the first Rs. 2,000/- 2'/2 per cent.
does not exceeds Rs. 2,000/-
(ii) For the amount in excess of Rs. 2,000/- upto the
value of Rs. 10,000/- 1 per cent.
(iii) For the amount in excess of Rs. 10,000/- 2'/2 per cent.
Any fraction of a hundred rupees of Rs. 51/- or more shall be treated as one hundred
rupees and any fraction below Rs. 51/- shall be ignored for calculating the fees.
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7. Form of and period for making application under Section 18.— (1) An
application for possession of land or dwelling house under sub-section (1) or (2) of
section 18 shall be made in Form IV.
(2) Save as otherwise provided in the Act, the period for making application under
section 18 shall be two years from the date on which the right to obtain possession of the
land or dwelling house, as the case may be, is deemed to have accrued to the applicant or
within one year from the commencement of the Act, whichever is later.
8. Time for restoration of possession, if the landlord fails to cultivate land
personally.— (1) If a landlord, who resumes any land for personal cultivation fails to
cultivate the land within the period specified in sub-section (7) of section 20, he shall
restore possession of the land to the tenant within three months from the date on which
the above period of one year expires.
(2) The period within which tenant may apply under sub-section (8) of section 20 shall
be 6 months from the date on which the period specified in sub-section (7) of that section
expires.
9. Manner of apportioning rent on termination of tenancy in respect of part of
land leased.— (1) For the purposes of sub-section (9) of section 20, the rent for the area
remaining with the tenant shall be determined in the following manner.
(a) The rent shall be calculated at the rate fixed by the Mamlatdar, under section 24
for the village or group of villages or area in which the land is situated for the class of
land to which such area belongs.
(b) If the Mamlatdar has not fixed the rate of rent under section 24 and the landlord
and tenant do not agree as to the amount of the rent to be paid for such area, the
landlord shall make an application in Form V to the Mamlatdar for apportionment of
the rent.
(2) On receipt of an application under sub-rule (1) (b) the Mamlatdar shall give a
notice to the tenant and after holding an enquiry fix the rent of the area of the land left
with the tenant after taking into consideration the following factors-viz.
a) The total area and kind of the land held by a tenant before the termination of his
tenancy of a part of such land and the rent paid by him therefore;
(b) The profits of agriculture of the similar lands in the locality;
(d) The improvements made in the land by the tenant or the landlord.
10. Manner of conducting enquiries into application for possession of lands.— (1)
An application shall be presented to the Mamlatdar or any other Officer authorised by
him in this behalf, in person during office hours. An application need not be in any form
and where the application presented to the Mamlatdar contains sufficient particulars on a
subject matter which appears to fall within the scope of the Act and within his jurisdiction
but does not clearly set out the relief, the Mamlatdar shall explain to the person
presenting the application the nature of the relief available under the Act and shall enquire
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whether the applicant desires to obtain any such relief. If the applicant expresses a desire
so to obtain relief, the Mamlatdar shall record in his own hand on the application the
relief asked for and thereupon the application shall be deemed to be an application under
section 46.
(2) Where the application does not contain the particulars specified in section 46, or is
unnecessarily prolix, the Mamlatdar shall forthwith examine the applicant on oath and
ascertain from him such of the particulars specified in section 46, as are not clearly and
correctly stated in the application and shall reduce the examination to writing in the form
of an endorsement on an annexure to the application which shall thereupon be deemed to
be part of the application. Where the applicant requires time to obtain any of the
particulars specified in section 46, the Mamlatdar shall grant him such time as may under
all the circumstances appear reasonable.
(3) When the application is presented and has, if necessary, been treated in the manner,
specified in sub-rule (2), the Mamlatdar shall require the applicant to subscribe and verify
the application in his presence in the manner following or the like effect
“I, A. B. the applicant, do declare that what is stated in this application is true to the
best of my information, knowledge and belief”
(4) The Mamlatdar shall endorse the application to the effect that it was duly
subscribed and verified. Where the applicant cannot write, the verification may be written
for him in the presence of the Mamlatdar in office and he shall affix his mark to his name
in token of the authenticity of the verification and the Mamlatdar shall in such case,
record that the verification was made in his presence at the request of the applicant and
that his mark was so affixed.
(5) The Mamlatdar shall reject the application,
(a) where the applicant declines to make a statement on oath under sub-rule (2); or
(b) where the applicant is willing to make or has made a statement on oath under
sub-rule (2), but fails to furnish the particulars specified in section 46 within the time,
fixed under sub-rule (2) or altogether; or
(c) where it appears upon the face of the application;
(i) that the property or the relief claimed is not one of the kinds specified in the
Act;
(ii) that the cause of action arose at a time more than the prescribed period before
the application was presented; or
(d) where the applicant declines to subscribe or verify the application, as required by
sub-rule (3) or (4).
(6) Where it appears to the Mamlatdar that the subject of the application is not within
his jurisdiction he shall return the application to be presented before the Mamlatdar
having jurisdiction, which shall be indicated to the applicant.
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(7) Where the application is admissible, the Mamlatdar shall receive and file it. He
shall then fix a convenient day and place for trial of the case and shall issue, at the
expense of applicant, notice in Form VI to the opponent. He shall then require the
applicant to appear with his documents, if any, and summon witnesses, if any, to appear
on the day and at the place fixed.
The date to be fixed for the enquiry of the case shall not be earlier than ten days nor
later than fifteen days from the day on which the notice is issued except for sufficient
reason to be recorded in writing by the Mamlatdar.
The place to be fixed for the enquiry of the case may be in the Mamlatdar’s office or at
or near the scene of dispute or at any other spot that the Mamlatdar considers convenient
to the parties.
(8) Where either party requires any witness to be summoned to appear on the day and
at the place fixed, the Mamlatdar shall issue a summons in Form VII for the purpose.
Such summons, shall be issued, in duplicate, duly signed and sealed and shall be
served by delivering or tendering the copy to the person therein named or by sending it by
registered post A. D. to his address or if such person cannot be found, then by affixing the
copy to some conspicuous part of the place, where he ordinarily resides or carries on
business and to the Notice Board of the Mamlatdar’s office.
The Mamlatdar may issue after recording his reasons, in writing, a warrant in Form
VIII for the arrest of any such witness, if at such time he fails to appear and the summons
is proved to have been duly served in time to admit of his appearing in accordance
therewith and no reasonable excuse is offered for such failure.
The payment of the cost incurred in thus procuring the attendance of witnesses shall be
regulated in accordance with the Rules that may from time to time be in force in regard to
the attendance of witnesses in subordinate Civil Courts.
(9) Where the applicant fails to attend or to produce his documents, if any, or to adopt
measures to procure the attendance of his witnesses, if any, on the day and at the place
fixed, the Mamlatdar shall reject the application whether the opponent appears or not
unless the opponent admits the claim.
Where the applicant attends, as required by sub-rule (7), but the opponent fails to
attend and the Mamlatdar is satisfied from the evidence before him that the notice has
been duly served on the opponent and in sufficient time, to enable the opponent to appear
and answer on the day fixed in the notice, he shall proceed to hear and decide the
application ex-parte:
Provided firstly, that if either party satisfies the Mamlatdar at any time within thirty
days from the date of the rejection of an application or of an ex-parte decision that he was
prevented by some unavoidable circumstances from attending or from producing his
documents or from adopting measures to procure the attendance of his witnesses, as the
case may be, the Mamlatdar may issue a notice in Form IX at the expense of the party,
concerned, to the opposite party that the party concerned was prevented as alleged, he
may rehear the case at such time and place, as he may then fix:
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Provided secondly that nothing in the foregoing provisions shall prevent the applicant
from withdrawing his application on payment of the opponent’s costs.
(10) Wherein the case, mentioned in sub-rule (9) the Mamlatdar is not satisfied from
the evidence before him that the notice has been duly served on the opponent and in
sufficient time to enable the opponent to appear and answer on the day fixed in the notice,
he shall adjourn the trial of the case and issue a fresh notice under sub-rule (7) to the
opponent.
Where any witness who has been duly summoned or for whose arrest a warrant has
been issued under sub-rule (8) fails to attend on the day and the place fixed the
Mamlatdar may, if he considers there is sufficient reason after taking the evidence of
those present, adjourn the hearing of the case, from time to time till the attendance of such
witness can be enforced.
The Mamlatdar may for any other sufficient reason to be recorded, in writing, adjourn
the trial of the case for such time, as he thinks fit, but not ordinarily exceeding ten days.
It shall, however, be the primary duty of the Mamlatdar not to protract the proceedings
unnecessarily.
The provisions of sub-rules (8) and (9) shall apply in respect of any day to which the
trial of the case may be adjourned under this sub-rule as if such day were the day
originally fixed for the trial.
(11) Subject to the provisions of the Act, a minor may sue or be sued, if he is
represented by a natural or duly appointed guardian or next friend.
The Mamlatdar may at any stage of the proceedings order that the name of any person
to whom possession of the land or any part thereof may have been transferred or the
addition of whom as a party appears necessary in order to enable the court effectually and
completely to adjudicate upon the issues be added as an applicant or opponent as the
circumstances of the case may require:
Provided that no person shall be added as an applicant without his consent:
Provided also that in respect of any person so added, not being a transferee pending the
case, the case shall for the purposes of the Act, be deemed to have been instituted on the
day, when his name was so added.
In case of the death of any party while the case is pending,
(i) If application is made within one month of such death, the Mamlatdar shall
determine summarily who is the legal representative of the deceased party and subject
to the provisions of the Act shall enter on record the name of such representative;
(ii) If no such application is made, the case shall abate as regards that party.
Where the Mamlatdar orders the name of any person to be added as opponent or enters
on the record the name of any person as the legal representative of a deceased party, the
Mamlatdar shall issue to such person a notice, as provided in sub-rule (7) and the trial
shall proceed on the date fixed in such notice.
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(12) On the date fixed or on any day to which the proceedings may have been
adjourned the Mamlatdar shall, subject to sub-rule (9) proceed to hear all the evidence
that is then and there before him and to try the relevant issues.
The Mamlatdar may after due notice to and in the presence of the parties summon and
examine, as a witness, any person who has not been summoned or produced by any party
and may call for and cause to be proved any document which has not been applied for or
produced by either of the parties where he considers it expedient in the interest of justice
so to do, and may, if he thinks fit, make a personal inspection of the land, in dispute, in
the presence of or after due notice to the parties. He shall without unnecessary delay
record a memorandum after hearing the parties on the spot, if present, of the relevant facts
observe at such inspection. The memorandum shall form part of the record of the case.
The Mamlatdar shall with his own hand, make or sign, a memorandum of the
substance of the evidence of each witness as the examination of the witness proceeds, and
briefly record his reasons for his finding.
Where the Mamlatdar’s finding upon the relevant issues is in favour of the applicant,
he shall make such order not being in excess of the powers vested in him by or under the
Act, as the circumstances of the case appear to him to require and where his finding is in
favour of the opponent he shall dimiss the case. In either case the costs of the suit
including the costs of execution, shall follow the decision.
(13) Every order of the Mamlatdar, whether for rejecting or returning an application or
whether for allowing or disallowing a claim, steal be endorsed by the Mamlatdar on the
application and shall be read out by him in open court, either at once or on some future
day, of which due notice shall be given to the parties and brief reasons for the order shall
be placed by him on record.
2[(14) The Mamlatdar shall dispose of the application within period of one year
from the date of service of the notice to the other party.]
11. Ascertainment of the gross produce.— The gross produce of a land shall be
determined under section 23 (2) (iii) with reference to the average yield notified by the
Mamlatdar in respect of each of the principal crops in the area on the basis of the actual
crop cutting experiments undertaken by the Mamlatdar or any officer of Government or
by both in that year in or near that local area:
Provided that in the case in which the landlord and the tenant have agreed to a quantity
to be the actual yield of land, and if such yield is less than the gross produce determined
as above, then such agreed actual yield shall be deemed to be the gross produce.
12. Penalty under section 25 for the recovery of rent in contravention of the
provisions of section 23 or 24.— Any landlord who recovers rent from his tenant in
contravention of the provisions of section 23 or 24 shall be liable to pay by way of
penalty to the tenant a sum of money not exceeding twice the excess amount of rent
recovered by the landlord from such tenant, the actual penalty being such amount as the
Mamlatdar may determine, having regard to all the circumstances of the case.
2 Sub rule (14) inserted by (Amendment) Rules, 2000 (O. G. Series I, No. 8 dated 25-5-2000).
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3[12A. The conditions and the manner in which contributions towards the cost
of repairs to bunds shall be made by Government.— (1) The contribution towards
the cost of repairs to breaches in the bunds protecting a khazan or kher land, payable
under the proviso to sub-section (3) of section 26 may be paid by the Government if
the following conditions are satisfied:
(a) The bund protecting the khazan or kher land is notified by Government under the
proviso to sub-section (3) of section 26 as a protective bund;]
4[(b)*]
5[(c) The Director of Agriculture, Goa, Daman and Diu, Panaji or the Head of the
Government Department in charge of Soil Conservation certifies that the repairs have
been carried out satisfactorily;
(d) The Director of Agriculture, Goa, Daman and Diu, Panaji or the Head of the
Government Department in charge of Soil Conservation certifies the cost of repairs;].
6[(1A) The Government’s contribution towards the cost of repairs to breaches in the
protective bunds shall be to the extent of fifty percent of the cost of repairs subject to
the maximum of 7[6,000/-] per hectare of the protected area].
(2) For the purpose of getting the contribution from the Government towards the cost
of repairs to breaches in the bund under the proviso to sub-section (3) of section 26, the
person, group of persons or Co-operative Society, which has undertaken the work of
repairs to breaches in the bund, shall submit an application to the Mamlatdar stating
therein:
i) the name and address of the applicants;
ii) the name, if any, and the location of the bund;
iii) the total area of the lands benefitted by the bund;
iv) the names and addresses, of the persons, if any, other than the applicants, who
have contributed to the cost of repairs to breaches in the bund;
v) the total length of the bund which was repaired;
vi) the date on which the work of repairs was commenced and the date on which it
was completed;
vii) brief description of the work done and the materials, if any, used for the repairs;
3 Rule 12A. inserted vide (Fifth Amendment) Rules 1968 published in O.G. Series I No. 28 dtd. 10-10-1968.
4 Original Clause (b) substituted by Amendment Rules 1974, subsequently by xth Amendment Rules 1976 same has been
omitted.
5 Sub-clauses (c) and (d) have been substituted by Seventh Amendment Rules, 1970 (Government Gazette, Series I No. 7
dated 14-5-1970).
6 Inserted by Tenth Amendment Rules, 1975 (Official Gazette, Series I No. 41 dated 8-1-1976).
7 These figures have been substituted for the figures “3.000” by Amendment Rules, 1992 [Official Gazette, Series I No. 15
dated 13-7-1992 (Extraordinary 4)] Earlier they have been amended by Amendment Rules, 1981 O. G. Series I No. 10
dated 4-6-1984.
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viii) the name and address of the contractor, if any, who did the work of repairs and
the amount paid to him;
ix) the total cost of repairs to breaches in the bund;
x) the cost per hectare of the land benefitted by the work of repairs.
8[(3) The application under sub-rule (2) should be accompanied by the following
documents;
i) A certificate from the Director of Agriculture, Goa, Daman and Diu, Panaji or the
Head of the Government Department in charge of Soil Conservation certifying the cost
of repairs, and
ii) A certificate from the Director of Agriculture, Goa, Daman and Diu, Panaji or the
Head of the Government Department in charge of Soil Conservation certifying that the
work of repairs has been done satisfactorily.]
(4) On receipt of the application, the Mamlatdar shall issue a public notice in Form
X-A and invite the person (s) interested in the bund or the lands benefitted by the repairs
to the land, to submit to him within thirty days from the date of publication of the public
notice, objections if any, to the payment by Government under the proviso to sub-section
(3) of section 26, of a part of the cost of the repairs to breaches in the bund, to the
applicants.
(5) The Public notice shall be published on the notice board in the offices of the
Mamlatdar and the Village Panchayat concerned and also affixed at a prominent place on
the bund or the lands benefitted by the bund.
(6) After the expiry of the period of thirty days, referred to in sub-rule (5), the
Mamlatdar shall consider the objections, if any, received by him and after holding such
enquiry as he deems necessary, certify—
i) the person (s) or Co-operative Society which has/have undertaken the work of
repairs to breaches in the bund;
ii) the total cost of repairs;
iii) the amount of contribution towards the cost of repairs which is payable by
Government under the proviso to sub-section (3) of section 26;
iv) the names and addresses of persons to whom the payment is to be made;
9[and send the proceedings along with the certificate to the Director of Agriculture,
Goa, Daman and Diu, Panaji or the Head of the Government Department in charge of
Soil Conservation for making payment of the contribution by Government].
8 Substituted by Seventh Amendment Rules, 1970 (Official Gazette, Series I No. 7 dated 14-5-1970).
9 These words have been substituted by Seventh Amendment Rules, 1970 published in the Government Gazette, Series I
No. 7 dated 14-5-2970.
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(7) On receipt of the proceedings and the certificate, 10[the Director of Agriculture,
Goa, Daman and Diu, Panaji, or the Head of the Government Department in charge of
Soil Conservation] shall arrange to pay the amount of the contribution to the recipients
mentioned in the certificate.
(8) Where the work of repairs to breaches in a bund is entrusted by the Mamlatdar
under sub-section (3A) of section 26 (3) 11[to the Director of Agriculture of the
Government of Goa, Daman and Diu, Panaji or the Head of the Government Department
in charge of Soil Conservation shall] after the work is completed, send to the Mamlatdar a
certificate giving therein—
i) the name, if any, and the location of the bund;
ii) the particulars of the lands benefitted by the bund;
iii) the total cost of repairs to breaches in the bund; and
iv) such other infomation as he deems necessary.
iii) the total cost of repairs to breaches in the bund; and
iv) such other information as he deems necessary.
(9) On receipt of a certificate, the Mamlatdar shall decide the total amount of
contribution payable by Government under the proviso to sub-section (3) of section 26
and the balance amount of cost of repairs of breaches in bund, which is payable by the
persons benefitted by the work of repairs 12[to the Director of Agriculture, Goa, Daman
and Diu, Panaji or the Head of the Government Department in charge of Soil
Conservation.]
(10) The balance amount of the cost of repairs determined under sub-rule (9) shall be
distributed by the Mamlatdar over all the lands benefitted by the repairs to breaches in the
bund, in proportion to the area of land held in actual possession by each person, whether
as owner or tenant. The amount so distributed on a land shall be payable as follows:
(a) where the land is in actual possession of a landowner, the entire amount payable
in respect of the land shall be payable by the landowner;
b) where the land is in actual possession of a tenant, the tenant shall be liable to pay
five-sixths of the amount payable in respect of the land and the landlord shall be liable
to pay the balance amount of one-sixth.
(11) The amount payable by a landowner, landlord or tenant shall be recovered by the
Mamlatdar in ten equal or nearly equal annual instalments. The first instalment shall be
paid before the 31st December of the year in which crops are raised for the first time after
the completion of the work of repairs. The subsequent instalments shall be recovered
before the 31st December of the year following.
(12) Interest at the rate of six per cent per annum shall be payable on the installment
paid after the period specified in sub-rule (11).
10 Substituted by Seventh Amendment Rules, 1970.
11 These words have been substituted by Seventh (Amendment) Rules, 1970 published in the Government Gazette, Series I
No. 7 dated 14-5-1970.
12 These words have been substituted by Seventh (Amendment) Rules, 1970 published in the Government Gazette, Series I
No. 7 dated 14-5-1970.
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13[(13) The duties being discharged by the Mamlatdar, other than those cases in which
recovery aspects are to be processed through the Mamlatdars, may also be discharged by
the Director of Agriculture, Government of Goa, Daman and Diu or the Head of the
Government Department-in-charge of the Soil Conservation Division].
13. Form of receipt for rent and manner of giving such receipt.— A receipt to be
given under sub-section (2) of section 30 for the rent received in respect of any land shall
be in Form X.
The receipt shall be given in the language known to the tenant or his authorised agent,
who shall sign on a copy thereof in acknowledgement of the correctness of the
particulars.
14. Application for determination of compensation for improvements made by
tenants.— An application for determination of compensation for improvements made on
the land by a tenant under sub-section (1) of section 32 shall be in Form XI.
15. Manner of making enquiry and publication of notice under section 36.— (1)
Before issuing a notification under sub-section (1) of section 36, a notice shall be issued
to the landlord and to the persons in actual possession or occupation of the land in respect
of which the declaration under that sub-section is contemplated, directing him to show
cause why such declaration should not be made. In that notice, brief reasons for the
contemplated action shall be given.
(2) If it appears that the land has remained uncultivated through default of any tenant
such notice shall also be given to such tenant.
(3) The notice shall be published in the Official Gazette and a copy of the notice shall
be affixed on the Notice Board of the Mamlatdar’s office concerned.
(4) The Landlord or the tenant shall be at liberty to adduce any oral or documentary
evidence that he may desire in support of his objections. He shall also be heard in person
or through pleader if he so desires.
(5) At the conclusion of the enquiry an order shall be passed giving reasons for the
final decision and the substance of such order shall also be published in the Official
Gazette.
(6) The notice under proviso to clause (b) of sub-section (3) of section 36 shall be
published in the Official Gazette and copies of such notice shall also be affixed to the
Notice Board of the Mamlatdar office concerned.
14[15-A. Regulation of standards of efficient cultivation and mat agement.— (1)
On the proposal of the Director of Agriculture, the Government shall issue from time to
time before and during a cultivation season, directions on the following matters, for being
implemented and followed by the tenants in cultivating the land held by them.]
13 Inserted by Tenth Amendment Rules, 1975 published in the Official Gazette, Series I No. 41 dated 8-1-1976.
14 Rule 15A inserted by Eighth Amendment Rules, 1971 published in the Official Gazette, Series I No. 19 dated 5-8-1971.
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(i) The manner in which and the period during which land used for cultivation of
paddy and other crops should be levelled and the inner bunds constructed:
(ii) The manner in which and the period during which land used for cultivation of
paddy and other crops should be plougher horrowed and puddled;
(iii) The manner in which and the period during which land used for cultivation
should be freed of weeds, shrubs and other parasites growing therein;
(iv) The variety of seeds which should be used for the purpose of sowing in different
classes of land;
(v) The manner in which the seeds before being sown should be treated for
protecting them against pests and diseases;
(vi) The dates on which irrigation tanks, weirs and bandhara should be closed and
the dates on which they should be opened to allow water for irrigation and the person
who shall be responsibly for the aforesaid operations;
(vii) The manner in which irrigation and drainage channel should be constructed and
maintained in good working condition and the time limit within which it should be
done;
(viii) Prohibition of cultivation of beds of channels;
(ix) The crops which should be raised and the crops which should not be raised on
the bunds and embankments during the kharif season and the manner in which the
bunds should be cleared of these crops after the harvest is over;
(x) The manner in which and the period for which saline water should be allowed to
be stored in khazan lands.
(2) The Government shall, also from time to time, by notification in the Official
Gazette, issue on the advice of the Director of Agriculture directions about (a) the
programmes of agricultural operations for cultivation of various crops which should be
undertaken by the tenants during each cultivating season in the local area mentioned in
such Notification. Such programmes shall be prepared separately for each type of crop;
and
(b) the terms of employment and the minimum wages which shall be payable to the
agricultural labourers, both male and female, for carrying out different cultivating
operations in different local areas. While proposing these rates the Government shall
consult the Director of Agriculture, the Block Development Officers, the Labour
Commissioner and the Village Panchayats, within the area concerned 15[ ... ].
(3) The directive issued by the Government under sub-rules (1) and (2) shall be given
publicity in the respective villages to which they apply by exhibiting these directives on
the notice board of the Village Panchayat and at other prominent places in the village,
such as temple, church, office of the Comunidade, etc. The directives shall also be given
publicity by beat of drums by the Village Panchayat.
15 The words “such directions shall remain in force for a period of five years from the date of such direction” have been
deleted by Tenth Amendment Rules, 1975 published in the Official Gazette, Series I No. 41 dated 8-1-1976.
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(4) The Block Development Officers and the Village Panchayats shall be responsible
for ensuring the proper implementation of the directives issued by the Government under
this rule.
(5) The Sarpanch of the Village Panchayat shall, suo moto, or on a complaint being
made to him by any person in writing or orally about the non-observance of any of the
directives issued by the Government under this Rule, immediately cause a Panchanama to
be made on the site about the default committed by the tenant. The Panchanama should
be made with the help of atleast three independent Panchas and the tenant concerned
should be called upon to be present for the Panchanama. If the tenant fails to remain
present in spite of the intimation being given to him, the fact should be recorded in the
Panchanama.
(6) The Sarpanch shall then forward the Panchanama to the Mamlatdar who shall after
giving an opportunity to the tenant to be heard in the matter and after making such further
enquiries, if any in this behalf, pass order as he deems fit in accordance with the
provisions of sub-section (4) of section 37 of the Goa, Daman and Diu Agricultural
Tenancy Act, 1964].
16. Principles for fixation of rent under sub-sections (2) and (3) of section 38.—
The Tribunal shall have due regard to the following factors while fixing annual rent under
sub-sections (2) and (3) of section 38.
(i) Value of any service or contribution made towards construction of the sluice gate
etc. by—
(a) The landlord or any other person, in whom the right to operate the sluice gate
etc. was vested;
(b) The tenant or tenants individually as the case may be;
(ii) The charges, incurred annually by the tenant or tenants individually for
maintenance of the sluice gate or other such contrivance and connected bunds or
embankments.
(iii) The increase in the annual profits of agriculture in respect of the land and the
value of other benefits derived by the tenants individually from the sluice gate etc.
(iv) The income from the fisheries, if any, derived by the landlord or other person
immediately before the commencement of the Act or the additional benefit which
accrued to the tenant.
17. Application for construction of water course.— An application under section 39
for the construction of a water course through the land belonging to a neighbouring
holder shall be made in Form XII.
18. Period for execution of agreement and the form of agreement.— (l) After the
Mamlatdar has passed an order under sub-section (2) of section 39 directing the
neighbouring holder to permit the applicant to construct water course, the applicant shall
execute the agreement under clause (vi) of sub-section (2) of section 39 within three
months from the date of such order.
(2) Such agreement shall be in Form XIII.
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19. Qualifications of the members and the Chairman and constitution of the
Tribunal.— (1) The Chairman and members of the Tribunal shall be appointed by the
Government and the appointment shall be notified in the Official Gazette.
(2) The Chairman of the Tribunal shall be a person who is holding or has held a
judicial office not lower in rank than that of a Civil Judge or who is qualified to hold that
office or who is or has been a legal adviser to the Government of any State or Union
Territory or the Central Government for a period of not less than five years.
(3) The other members shall be persons who have experience of not less than five
years in administration of law.
20. Applicant to supply more copies of application.— When an application under
section 46, or under sub-rule (9) of Rule 10 is made, the applicant shall forward along
with the original application as many true copies thereof as there are opponents act shall
also furnish the same number of copies of notices filled in as far as practicable.
21. Manner of execution of orders under section 48 of the Mamlatdar or the
Tribunal or the Collector awarding or restoring possession.— (1) Where the order is
for awarding or restoring possession, the Mamlatdar shall give effect thereto by issuing
such orders to the village officer or to any subordinate under his control or otherwise as
he thinks fit:
Provided that where at the time when an order is recorded for awarding possession of
any land, there is a crop on such land, which has been sown by or at the expense of the
opponent and the Mamlatdar is satisfied that it has been so sown in good faith, the
Mamlatdar may and if the opponent makes an application for the purpose and furnishes
sufficient security or deposits a sufficient sum for the payment of the costs of the case
shall pass an order staying delivery of possession of such land to the applicant seeking
possession thereof, either —
(a) Until the applicant agrees to take the crop at a valuation to be made under the
orders of the Mamlatdar according to the value of the crop at such time, including any
instalments of the Government assessment which the opponent may have paid for the
current year; or
(b) Where the applicant is not willing to take the crop at such valuation, until after
the expiration of sufficient time for the crop to be gathered by the opponent.
The amount of any valuation made under clause (a) of the above proviso shall be
paid to the opponent through the Mamlatdar:
Provided that no order shall be executed till the expiry of the period of appeal.
(2) Where the Mamlatdar or Tribunal or the Collector awards costs, such costs together
with the costs of execution shall be recoverable from the party as arrears of land revenue.
16[22*]
23. Court fees.— (1) Every application made to the Mamlatdar or Tribunal under the
Act shall bear Court fee stamps of sixty five paisa and every memorandum of an appeal
16 Rule 22 was deleted by Second Amendment Rules, 1966 published in the Government Gazette, Series I No. 27 dated
6-10-1966.
Manual of Goa Laws (Vol. I) – 301 – Agricultural Tenancy Act & Rules
or an application under the Act made to the Collector, or every memorandum of an appeal
made to the Tribunal shall bear Court fee stamps of two rupees.
17[(1A) Every appeal or revision application made to the 18[Administrative Tribunal]
under the Act shall bear a Court Fee Stamp of Rs. 5];
(2) Every application made under the Act to the Collector or the Tribunal 19[or the
Administrative Tribunal] for the stay of the execution of any Award or Order against
which an appeal or application is made shall bear Court fee stamps of sixty five paisa:
Provided that when an application or appeal is made by a member of a scheduled caste,
specified in Part III of the schedule to the Constitution (Scheduled Castes) Order, 1950 or
of a scheduled tribe specified in Part III of the Schedule to the Constitution (Scheduled
Tribes) Order, 1950 living in an area, notified by Government as backward area, the value
of the Court fee stamps payable shall be fifty paise in lieu of sixty five paise, one rupee in
lieu of two rupees 20[and two rupees and fifty paise in lieu of five rupees] respectively
mentioned above.
21[24. The Tribunal shall in any application, appeal or other proceeding filed before it
have all the powers which are vested in a Civil Court under the Code of Civil Procedure
1908].
17 Inserted by Fourth Amendment Rules, 1966 (Government Gazette, Series I No. 28 dated 13-10-1967).
18 These words were substituted for the word “Government” by Sixth Amendment Rules, 1969 (Government Gazette,
Series I No. 34 dated 20-11-1969).
19 These words were substituted for the word “Government” was earlier inserted by Fourth Amendment Rules, 1966.
20 Inserted by Fourth Amendment Rules, 1966 (Government Gazette, Series I No. 28 dated 13-10-1967).
21 Rule-24 was inserted by First Amendment Rule, 1966 thereafter substituted by Third Amendment Rules, 1966
(Government Gazette, Series I No. 18 dated 3-8-1967).
Manual of Goa Laws (Vol. I) – 302 – Agricultural Tenancy Act & Rules
FORM I
(See Rule 4)
Application for recovery of arrears of rent under section 12(2) of the Goa, Daman and Diu
Agricultural Tenancy Act, 1964.
To
The Mamlatdar of ............ Name of the applicant .........
Age ........ Profession ...........Place of residence...... Name of the opponent........
Age ......... Profession ........ place of residence ........
Sir,
I do hereby state that I am the landlord and the opponent is my tenant in respect of the
following lands.
Taluka Village Survey description Assessment
The opponent is in arrears of the rent from the following years.
Year Rent payable Rent actually Rent in arrears
received so far
The total rent in arrears with the opponent for the above years is ... I request you to direct the
opponent that above said arrears of rent together with the cost of the proceedings should be paid to
me within the stipulated time under section 12 of the Goa, Daman and Diu Agricultural Tenancy
Act, 1964.
I enclose the following documents.
(Here give a list of documents )
1... 2...
3... 4...
may be summoned
The following are my witnesses, They will be produced
to attend on the day of the hearing. Place...
Date...
Place…
Yours faithfully,
Signature of applicant
________
Manual of Goa Laws (Vol. I) – 303 – Agricultural Tenancy Act & Rules
22FORM I-A
(See Rule 5-A)
Address:
Date:
Notice under section 13-A(1) of the Goa, Daman and Diu Agricultural Tenancy Act
To,
Shri/Shrimati
Sir/Madam
I am the landlord of the land described below which is being cultivated by you as tenant:
Description of the land
Name of the Name of field Survey number, if any Boundaries Area
Village
I intend to sell this land for Rs......
As you are the tenant cultivating the aforesaid land you have the right of first purchase under
sub-section (1) of section 13-A of the Goa, Daman and Diu Agricultural Tenancy Act, 1964. In
pursuance of the provisions of sub-section (1) of section 13-A of the said Act, I hereby give notice
to you to state within ninety days of the receipt of this notice by you, whether you are willing to
buy the aforesaid land from me at the aforesaid price of Rs...
You should convey your willingness to buy the land in writing in the manner prescribed under
Rule 5A(2) of the Goa, Daman and Diu Agricultural Tenancy Rules, 1965. If you fail to do so, I
shall be free to sell the said land to any one at a price not lesser than the specified price.
If you feel that the price quoted by me is excessive, it is open to you to apply to the Collector
under sub-section (3) of section 13-A of the said Act, in the manner prescribed in Rule 5B of the
said Rules for determining the price of the said land.
Yours faithfully,
Signature of the landlord
Copy forwarded with compliments to the Mamlatdar of.… for infomation.
________
22 Form I-A, IB & IC Inserted by Sixth Amendment Rules, 1969. (Government Gazette, Series I No. 34 dated 20-11-1969).
Manual of Goa Laws (Vol. I) – 304 – Agricultural Tenancy Act & Rules
FORM I-B
(See Rule 5-A)
Address:
Date:
To
Shri/Smt.
Sir/Madam
I am in receipt of your notice dated … which was received by me on …. and I ………………....
*hereby convey my rediness to purchase the land specified in the aforesaid notice at the price of
Rs. ….. as specified by you:
……*hereby convey my readiness to purchase the land specified in the aforesaid notice. However,
as I find that the price of Rs. …. specified by you for the land.
am applying The Collector of Goa
Is excessive, I ……………………. To …………………….. Sub-division under sub-section (3)
Have applied Deputy Collector
of section 13-A of the Goa, Daman and Diu Agricultural Tenancy Act, 1964 for determining the
price of the land.
Yours faithfully,
Signature of the tenant
Copy forwarded with compliments to the Mamlatdar of …. for information.
*Strike out the para which is not applicable.
________
FORM I-C
[See Rule 5-B(1)]
To,
The Collector of ………….
Name of the applicant ……
Age …… Address ……….
Name of the opponent ……
Age ………. Address …….
Sir,
I am the tenant and the opponent is the landlord of the following land :
Taluka Village Name of field Survey No., if any Boundaries
The opponent has served on me on …………... a notice under sub-section (1) of section 13-A
of the Goa, Daman and Diu Agricultural Tenancy Act, 1964, intimating his intention to sell the
aforesaid land for Rs…………
I am willing to pay the land,— However, I consider the price of the land quoted by the landlord
to be excessive for the following reasons:—
(Here mention briefly the reasons why the price is excessive).
I, therefore hereby apply to you under sub-section (3) of section 13-A of the said Act to
determine the price of the said land.
Yours faithfully,
Signature of the Applicant
Manual of Goa Laws (Vol. I) – 305 – Agricultural Tenancy Act & Rules
FORM II
(See Rule 6)
Certificate of transfer under section 17 (5) of the Goa, Daman and Diu Agricultural
Tenancy Act, 1964.
Whereas Shri ... is in occupation of the house site, specified below belonging to Shri …. and
whereas, under the provisions of sub-section (5) of section 17 of the Goa, Daman and Diu
Agricultural Tenancy Act, 1964 the tribunal, having determined the market value of the site,
required the above said Shri .. to deposit an amount of Rs. .. (in words) ……... for the transfer of
the said site to him and whereas he has deposited the above said amount.
It is hereby certified that the said site shall be deemed to have been transferred to Shri…. Under
the provision of sub-section (5) of section 17 of the said Act.
Description of the house site
Taluka Village Survey description Area Boundaries
Place ……
Date ….. Chairman of the Tribunal
________
FORM III
(See Rule 6)
Certificate of transfer under section 17 (6) of the Goa, Daman and Diu Agricultural Tenancy
Act, 1964.
Whereas Shri ... is in occupation of the house site, specified below belonging to Shri ... and
whereas, under the provisions of sub-section (6) of section 17 of the
The former
……….…….. has
Goa, Daman and Diu Agricultural Tenancy Act, 1964 the later
………….……….
both have jointly
applied to the Tribunal for a certificate; and whereas, the value of the land has been agreed to
between them at Rs. ….. (in words) ….. and has been paid by the said Shri ….. to Shri …..
It is hereby certified that the said site shall be deemed to have been transferred to Shri... under
the provisions of sub-section (6) of section 17 of the said Act and the value agreed upon shall be
deemed to be the market value determined by the Tribunal for the purpose of sub-section (5) of
section 17 of the said Act.
Description of the house site
Taluka Village Survey description Area Boundaries
Place ........................
Date .......................... Chairman of the Tribunal
Manual of Goa Laws (Vol. I) – 306 – Agricultural Tenancy Act & Rules
FORM IV
(See Rule 7)
Application for possession under section 18 of the Goa, Daman and Diu Agricultural
Tenancy Act, 1964
To
The Mamlatdar of .............
Name of the applicant .............
Age ....... Profession ........ Place of residence .......
Name of the opponent .......
Age ….. Profession ...... Place of residence .......
Sir,
I do hereby state that I am entitled to the possession in the property the following
circumstances:
Taluka Village Survey description Area Assessment Name of landlord
Rs. Ps.
(Here state the circumstances in full including the date from which the right to obtain
possession occurred).
The property is at present in the possession of the opponent. I apply that possession of the
property be handed over to me at an early date.
(In case of persons governed by section 8). I agree to become a tenant on the same terms and
conditions, as existed before my eviction and as modified the provisions of the Goa, Daman and
Diu Agricultural Tenancy Act, 1964 and to pay to the landlord the arrears of rent, if any due from
me under the terms of my tenancy or give sufficient security therefor.
I enclose the following documents:
(Here give a list of documents)
1... 2 ...
3... 4 ...
may be summoned
The following are my witnesses. They_________________________ to attend on the day of the hearing.
will be produced
Place .......... Yours faithfully,
Date .......... Signature of the landlord
________
Manual of Goa Laws (Vol. I) – 307 – Agricultural Tenancy Act & Rules
FORM V
(See Rule 9)
Application for apportionment of rent under section 29(9) of the Goa, Daman and Diu
Agricultural Tenancy Act, 1964
To
The Mamlatdar of ………
Name of applicant ………
Age ….. Profession ……….... Place of residence ………
Name of opponent ……….
Age ……. Profession ………… Place of residence …….
Sir,
I am the landlord of the following lands:
Taluka Village Survey description Area Assessment
The opponent was the tenant of these lands and was paying the following rent for these lands:
(Here give details of rent)
I have terminated his tenancy in respect of the following lands under section 20 and obtained
their possession under an order of the Mamlatdar under section 18(2)
Taluka Village Survey description Area Assessment
The opponent has thus now in his possession the following of my lands—
Taluka Village Survey description Area Assessment
I am prepared to accept the following rent for the above land remaining in his Possession.
(Here give the rent acceptable)
I request you to apportion the rent payable for the above land in his possession.
I enclose the following documents–
(Here give a list of documents).
may be summoned
The following are my witnesses. They …………………… to attend on the day of the hearing.
will be produced
Place .......... Yours faithfully,
Date .......... Signature of the landlord
________
Manual of Goa Laws (Vol. I) – 308 – Agricultural Tenancy Act & Rules
FORM VI
(Rule 10)
Notice to be issued to the opponent under Sub-Rule (7) of Rule 10 of the
Goa, Daman and Diu Agricultural Tenancy Rules, 1965
(Seal of the Court)
No. of the case …..
In the Court of the Mamlatdar of ...
Applicant
Opponent
To
Opponent (name, age, profession and place of residence)
Whereas here enter the name, age, profession and place of residence of the applicant) has made
an application in the Court against you, a copy of which is attached hereto.
You are hereby summoned to appear in this Court at the Village of ….. in person or by duly
authorized agent on the ….. day of ….. at …..O’clock to answer the above named applicant and as
the application will be finally disposed of on that day, you must adopt measures to produce your
documents and procure the attendance of your witnesses at the hour and place above-fixed; and
you are hereby required to take notice that in default of such appearance at the above mentioned
time and place the case will be heard and determined in the absence of yourself and your agent.
Give under my hand and the seal of the Court.
Dated this …. Day of…. 19….. Mamlatdar
Note:— If you require your witnesses to be summoned by the Court, you should make an application to that effect to
the Court without delay, so as to allow of the service of the summons a reasonable time before the within mentioned date.
________
FORM VII
(Rule 10)
Summons to be issued to a witness under Sub-Rule (8) of Rule 10 of the Goa, Daman and Diu
Agricultural Tenancy Rules, 1965
(Seal of the Court)
No. of the case ...
In the Court of the Mamlatdar of ...
Applicant
Opponent of
To
(Name, age, profession and place of residence of witness)
Whereas (here enter the name, age, profession and place of residence of the applicant) has made
an application in this Court against (here enter the name, age, profession and place of residence of
the opponent).
Manual of Goa Laws (Vol. I) – 309 – Agricultural Tenancy Act & Rules
(Here state the particulars of the application) and whereas your attendance is required to give
evidence in the above case. You are hereby summoned to appear in this Court at the Village of .....
in person on the day ...of ... at ... o’clock to give your evidence and to bring with you (here give the
name of the document(s), the witness is required to produce).
You are hereby required to take notice that in default of such appearance at the above
mentioned time and place without reasonable excuse, you shall be subject to the consequences of
non-attendance laid down in Rule 2 of order XVI of the Code of Civil Procedure, 1908.
Given under my hand and the seal of the Court.
Dated this ... day of ... 19...
Mamlatdar
Note:- If you are summoned only to produce a document and not to give evidence you shall be deemed to have
complied with the summons, if you cause the document to be produced as aforesaid.
________
FORM VIII
(Rule 10)
Warrant of arrest to be issued in respect of a witness under Sub-Rule (8) of Rule 10 of the
Goa, Daman and Diu Agricultural Tenancy Rules, 1965
(Seal of the Court)
No. of the case ...
In the Court of the Mamlatdar of ............
Applicant
Opponent
To
Whereas (here give the name, age, profession and place of residence of the witness) has failed
to appear in the Court in obedience to the summons issued by this Court, which summons were
duly served on him, and no reasonable excuse for such failure has been offered by him, you are
hereby ordered to arrest the said ... and to produce him before this Court on or before ........
Given under my hand and the seal of the Court.
Dated this ... day of ... 19 ...
Mamlatdar
Note:- If the said ... gives a personal bond of Rs ... with one surety for the like amount to attend before this Court on the
... day of ...19 ... he may be released forthwith.
Mamlatdar
Dated .........
_________
Manual of Goa Laws (Vol. I) – 310 – Agricultural Tenancy Act & Rules
FORM IX
(Rule 10)
Notice to be issued under Sub-Rule (9) of Rule 10 of the Goa,
Daman and Diu Agricultural Tenancy Rules, 1965
(Seal of the Court)
No. of the case ...
In the Court of the Mamlatdar of .......
Applicant
Opponent
To
The applicant or opponent as the case may be.
Whereas in the case above specified instituted in this Court the Court ordered on the …... day of
applicant
...... that ......... and the ———— has, on the day of ….. applied to this Court to rehear the case, on
opponent
the grounds specified in the application a copy of which is attached.
This is to give you notice that the said application will be heard and determined on the day of ...
at ... o’clock at the village of ... and you are hereby required to take notice that in default of your
appearance personally or by agent at the said time and place, the application will be heard and
determined in your absence and if granted, a time and place for rehearing the case will then be
fixed.
Given under my hand and the seal of the Court.
Dated this ..... day of ..... 19....
Mamlatdar
FORM X
(See Rule 13)
Form of receipt
Ta
lu
ka
V
ill
ag
e
Su
rv
ey
d
es
cr
ip
tio
n
of
th
e
fie
ld
A
re
a
N
am
e
of
th
e
fie
ld
, i
f a
ny
N
am
e
of
th
e
te
na
nt
R
en
t p
ay
ab
le
R
en
t a
ct
ua
lly
re
co
ve
re
d
To
ta
l r
en
t r
ec
ov
er
ed
d
ur
in
g
th
e
ye
ar
Ta
lu
ka
V
ill
ag
e
Su
rv
ey
d
es
cr
ip
tio
n
of
th
e
fie
ld
A
re
a
N
am
e
of
th
e
fie
ld
N
am
e
of
th
e
te
na
nt
, i
f a
ny
R
en
t p
ay
ab
le
R
en
t a
ct
ua
lly
re
co
ve
re
d
To
ta
l r
en
t r
ec
ov
er
ed
d
ur
in
g
th
e
ye
ar
1 2 3 4 5 6 7 8 9
1 2 3 4 5 6 7 8 9
For the current year..... For the current year .......
For the arrears ..... For the arrears ......
Received today the rent specified Received today the rent specified
in Col. 8 from Shri ..... in Col. 8 from Shri .....
Signature of landlord Signature of landlord or
or his authorised agent. his authorised agent.
Signature or thumb mark of tenant
or his authorised agent.
Manual of Goa Laws (Vol. I) – 311 – Agricultural Tenancy Act & Rules
FORM X-A
[See Rule 12A(3)]
Public Notice
Whereas the person(s)/Co-operative Society mentioned below has/have submitted to me an
application under sub-rule (2) of Rule 12-A of the Goa, Daman and Diu Agricultural Tenancy
Rules, 1965, for the purpose of getting from the Government under the proviso to sub-section (3)
of section 26 of the Goa, Daman and Diu Agricultural Tenancy Act, 1964, the contribution
towards the cost of repairs to breaches in the bunds specified in the schedule hereto:
(here specify the names of the applicants)
And whereas it has been stated by them in the said application that the total cost of repairs to
the aforesaid bund which was undertaken by them during the period from .......... to ......... was
Rs...... and that the same has been paid for by the applicants and the following persons:
(here specify the names of persons other than the applicants who have paid towards the cost of
repairs).
Now, therefore, I, Mamlatdar of ............ hereby call upon all persons who are interested in the
said bund and the lands benefitted by the said repairs to the bund to inform me in writing before
..... whether they have any objection to the Government making any payment to applicants of the
contribution which the Government may decide to pay under the proviso to sub-section (3) of
section 26 of the said Act.
SCHEDULE
Name of bund Names of the fields benefitted by the
... repairs to the bund.
Place:
Date: Mamlatdar of ..........
________
23FORM XI
(See Rule 14)
Application for determination of compensation under section 32(1) of the Goa, Daman and
Diu Agricultural Tenancy Act, 1964
To
The Chairman of the Tribunal ....
Name of the applicant ...
Age ... Profession ... Place of residence ...
Name of the opponent ...
Age ... Profession ... Place of residence ...
Sir,
I am the tenant and the opponent is the landlord of the following land...
Taluka Village Survey description Area Assessment
23 Inserted by Fifth Amendment.
Manual of Goa Laws (Vol. I) – 312 – Agricultural Tenancy Act & Rules
My tenancy has been terminated by the landlord under the provisions of the Goa, Daman and
Diu Agricultural Tenancy Act, 1964.
I have made the following improvements on the said land.
(Here give details of the improvements made)
I request that improvements made by me and their value should be ascertained and the
compensation payable by the opponent for these improvements assessed and paid to me.
I enclosed the following documents
(Here give a list of documents)
1 …… 2 ……
3 …… 4 ……
may be summoned
The following are my witnesses. They ——————— to attend on the day of the hearing.
will be produced
Yours faithfully,
Signature of the applicant.
__________
FORM XII
(See Rule 17)
Application to the Mamlatdar for construction of water course under section 30(1) of the
Goa, Daman and Diu Agricultural Tenancy Act, 1964
To
The Mamlatdar of ………………….…....
Name of the applicant ………………..…..
Age ... Profession ....... Place of residence ...
Name of the opponent ...
Age ... Profession ... Place of residence ...
Sir,
I am the holder of the following lands:-
Taluka Village Survey description Assessment Name of landlord
I am entitled to take water for cultivating my land from the following source of water.
(Here give the particulars of the source of water)
For taking this water it is necessary to construct a water course through the following land
which is in the possession of or belong to the opponent.
Manual of Goa Laws (Vol. I) – 313 – Agricultural Tenancy Act & Rules
Taluka Village Survey description Assessment Name of landlord
The construction of the water course is necessary for the full and efficient use of my land for
agriculture.
I enclose the following documents—
(Here give a list of documents)
I, therefore, request that the opponent may be directed to permit me to construct the water
course through the said land.
Place …. Yours faithfully,
Date ….
Signature of the applicant.
__________
FORM XIII
(See Rule 18)
Agreement for constructing a water course under section 39 of the Goa,
Daman and Diu Agricultural Tenancy Act, 1964
This agreement made the …… day of……. one thousand nine hundred and between Shri ...
(hereinafter called the “Applicant”), (which expression shall unless the context does not so admit,
include the heirs, executors, administrators and assigns) of the one part and Shri ... of ...
(hereinafter called the “neighbouring holder”) (which expression shall, unless the context does not
so admit, include his heirs, executors, administrators and assigns) of the other part.
in possession of
Whereas the lands described in the First Schedule hereto is ___________ the applicant.
belongs to
And whereas the applicant desires to construct water course through the land described in the
in possession of
Second Schedule hereto and is —————— the neighbouring holder for the purpose of taking
belongs to
water for cultivating the applicant’s said land.
And whereas the applicant applied to the Mamlatdar of ……. under sub-section (1) of section
39 of the Goa, Daman and Diu Agricultural Tenancy Act, 1964 for permission to construct such
water course.
And whereas by an order dated the ... made under the said section (copy of which is set out in
the Third Schedule here under-written) the Mamlatdar has decided that.
(1) The neighbouring holder shall permit the applicant to construct water course through the
neighbouring holder's said land on the conditions specified in the said order and
(2) The applicant shall pay to the neighbouring holder
(i) Rs. ... as compensation for damage caused to the neighbouring holders said land by
reason of construction of water course injuriously affecting such land and
Manual of Goa Laws (Vol. I) – 314 – Agricultural Tenancy Act & Rules
(ii) Rs...... as annual rent.
And whereas it is provided in clause (vi) of sub-section (2) of section 39 of the said Act read
with Rule 18 of Goa, Daman and Diu Agricultural Tenancy Rules, 1965 that the applicant shall
execute an agreement in favour of the neighbouring holder within three months of the Mamlatdar's
said order.
Now, therefore, the applicant doth hereby agree that he shall duly and punctually pay to the
neighbouring holder the said compensation and annual rent on the date on which the same become
due and payable under the said order and shall duly observe and perform all other conditions
specified in the Mamlatdar's said order.
In witness whereof Shri ..... has set his hand hereto the day and year first above written.
Signed and delivered by in the presence of
1.
2.
Signature of the applicant
First Schedule
Second Schedule
Third Schedule.
By order and in the name of the Administrator of Goa, Daman and Diu.
D. V. Sawant, Deputy Secretary (P.W.D. and Health).
Panjim, 25th February, 1965.
(Published in Government Gazette, Series I No. 10, dated 11th March, 1965).
Manual of Goa Laws (Vol. I) – 315 – Agricultural Tenancy Act & Rules
Agricultural Tenancy (Revenue Survey and Record of Rights)
Rules, 1967
Revenue Department
___
Notification
RD/TNC/RLS/415/67
In exercise of the powers conferred by Sections 54 and 61 of the Goa, Daman and Diu
Agricultural Tenancy Act, 1964, the Government is pleased to make the following rules.
The same having been previously published in the Government Gazette, No. 40 Series I
dated 4th January, 1968.
CHAPTER I
Preliminary
1. Short title and commencement.— (1) These Rules may be called the Goa, Daman
and Diu Agricultural Tenancy (Revenue Survey and Record of Rights) Rules, 1967.
(2) They shall come into force at once.
2. Definitions.— (1) In these Rules, unless there is anything repugnant in the subject
or context—
(a) “Act” means the Goa, Daman and Diu Agricultural Tenancy Act, 1964;
(b) “boundary mark” means any erection, whether of earth, stone or other material
and also any hedge, unploughed ridge, or strip of ground, or other object whether
natural or artificial setup, employed, or specified by a survey officer or revenue officer
having authority in that behalf, in order to designate the boundary of any division of
land;
(c) “class of land” means any of the following classes of land, namely, dry crop,
rice, garden land or non-arable land;
(d) “Collector” shall mean and include the Collector of the District of Goa,
Collector of the District of Daman and the Civil Administrator of the District of Diu;
(e) “form” means a form appended to these rules;
(f) “Government lessee” means and includes a person holding land from the
Government on emphytensis or provisional concession;
(g) “holder” means a person lawfully in possession of land, whether such
possession is actual or not.
(h) “holding” means a portion of land held by a holder;
(i) “survey marks” means for the purposes of these rules, a mark erected for
purposes of cadastral survey of land;
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(j) “survey number” means a portion of land of which the area and assessment are
separately entered, under an indicative number in the land records;
(k) “village” means a village as constituted under clause (a) of sub-rule (1) of
rule 7.
2. Words and expressions used but not defined in these rules, shall have the
meanings assigned to them in the Act.
CHAPTER II
Revenue Survey of Land
3. Revenue Survey.— The operation carried out in accordance with the provisions of
these Rules in order to admeasure land and for the preparation and preservation of record
of rights connected therewith or for any other similar purpose in any local area is called a
revenue survey. Such survey may extend to the lands of any village, town or city,
generally or to such land as the Government may direct.
4. Government to direct revenue survey and appoint officers.— (1) Whenever the
Government thinks it expedient so to do, it may, by notification in the Official Gazette,
direct any or all of the following officers to conduct the revenue survey of any local area
with a view to the preparation of record of rights connected therewith or for the revision
of any existing record of rights:
(a) Collector;
(b) Director of Land Survey;
(c) Sub-Divisional Officers;
(d) Mamlatdars;
(e) Survey Officers.
The Director of Land Survey or the Collector may in turn and by a similar notification,
appoint the following officers in respect of local areas as may be specified therein:
(a) Awal Karkuns;
(b) Circle Inspector;
(c) Talathis.
5. Service from holders of land and village officers.— It shall be lawful for a Survey
Officer deputed to conduct or take part in any such survey, to require by general notice or
by summons, the attendance of holders of land and of all persons interested therein in
person, or by legally constituted agent duly instructed and able to answer all material
questions, and the presence of taluka and village officers, who in their several stations and
capacity are legally or by usage, bound to perform service by virtue of their, respective
officers, and to require from them such assistance in the operation of the survey and such
service in connection therewith, as may not be inconsistent with the position of the
individual so called on.
6. Assistance to be given by holders and others in measurement of lands.— It shall
be lawful for a Survey Officer, while conducting surveys mentioned in the preceding rule,
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to call upon all holders of land and other persons interested therein, to assist in the
measurement of the lands to which the survey extends by furnishing flagholders and the
like; and in the event of a necessity for employing hired labour for this or other similar
object incidental to survey operations, it shall be lawful to assess the cost thereof, with all
contingent expenses on the lands surveyed, for collection as a revenue demand.
7. Survey numbers.— (1) Subject to the minimum size of a survey number that may
be fixed from time to time for the several classes of land by the Government, the survey
officer may:—
(a) divide the lands to which the revenue survey extends into survey numbers and
group the survey numbers into villages;
(b) recognise the existing survey numbers of plot numbers of lot numbers,
reconstitute them or from new survey numbers; or
(c) divide the survey numbers into as many sub-divisions as may be required in
view of the acquisition of rights in land or for any other reason.
(2) Every holding not less in area than the minimum fixed under sub-rule (1) shall be
separately measured, classified and defined by boundary marks and entered in the land
records as a survey number.
(3) Every holding less in area than the minimum fixed under sub-rule (1), shall be
separately measured, classified and entered in the land records as a sub-division of that
survey number in which it is directed to be comprised.
8. Entry of survey numbers and sub-divisions in records.— (1) The area and
classification of survey numbers and sub-divisions of survey numbers shall be recorded in a
book or embodied in a plane table map in such forms as shall be prescribed by the Director
of Land Survey for such survey. The said books or maps shall be preserved as a record of
the survey.
(2) The original measurement made by the subordinate survey officers employed for the
purpose, shall be tested by the officers in charge of measuring establishments in such
manner and to such an extent as the Director of Land Survey shall deem sufficient.
(3) Village maps shall be prepared under the orders of the Director of Land Survey,
showing each survey number and its boundary marks and the sub-divisions of the survey
number and their boundary marks.
9. Amalgamation of Survey numbers and Sub-Divisions.— (1) Any survey number or
sub-division of a survey number may be amalgamated with any other coterminous survey
number with the sanction of the Collector and, upon the application of the holder whenever
all the parcels of land proposed for amalgamation are held by the same holder upon the
same area.
(2) Any sub-division may be amalgamated without prior sanction with any coterminous
sub-division of the same survey number held by the same holder upon the same area.
(3) When such amalgamation is affected, the two or more portions of land shall become
one entry in the land record bearing the same distinguishing numbers as the first in series of
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the amalgamated area. Any boundary marks placed between the amalgamated holding shall
be removed and the village map corrected accordingly.
10. Division of survey numbers into new survey numbers.— Where any portion of
cultivable land is permitted to be used under orders of a competent authority, for any
non-agricultural purpose, such portion may with the sanction of the Collector, be made into
a separate survey number at any time.
11. Maintenance of records.— For all lands which are surveyed under the provisions of
these rules, it shall be the duty of the Director of Land Survey—
(a) to cause to be corrected any arithmetical or clerical errors whenever discovered;
(b) to cause to be incorporated punctually in the land records all changes in
boundaries, areas, either or survey number or of their sub-divisions which are made
under orders of a competent authority.
12. Director to issue instructions and forms.— Details instructions and forms shall be
drawn up and maintained by the Director of Land Survey subject to the orders and
approval of the Government, for the proper carrying out of the provisions of Rule 11.
13. City Survey.— The Government, may at any time, direct a survey or resurvey of
lands, other than those used ordinarily for the purpose of agriculture only within the site
of any village, town or city. Such survey shall be conducted and all its operations shall be
regulated according to the provisions made in the preceding Rules of this Chapter.
14. Survey Fee to be charged.— Every holder of a building site, in respect of which a
survey under the preceding rule is carried out, shall be liable to the payment of a survey
fee at such rate as may be prescribed by the Director of Land Survey with the previous
approval of the Government.
15. Sanad to be granted.— Every holder of a building site, as aforesaid, shall be
entitled, after payment of the said survey fee, to receive without extra charge, one or more
sanads, in the prescribed form specifying, by plan and description, the extent and
conditions of his holding.
CHAPTER III
Boundaries and Boundary Marks
16. Fixation and demarcation of boundaries.— Boundaries of all villages and of all
survey numbers in villages therein shall be fixed and demarcated by boundary marks.
17. Determination of village boundaries.—The boundaries of villages shall be fixed,
and all disputes relating thereto shall be determined by survey officers or by such other
officers as may be appointed by the Government for the purpose, after holding a formal
inquiry at which the village officers and after giving all persons interested, an opportunity
of appearing and producing evidence.
18. Determination of field boundaries.— If at the time of a survey, the boundary of a
field or holding is undisputed, and its correctness is affirmed by the village officers then
present, it may be laid down as pointed out by the holder or person in occupation and, if
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disputed or if the said holder or person in occupation is not present, it shall be fixed by
the survey officer according to the land records and according to occupation as
ascertained from the village officers and the holders of the adjoining lands, or on such
other evidence or information as the survey officer may be able to procure.
19. Disputes regarding boundaries between villages, survey numbers and
sub-divisions.— If any dispute arises concerning the boundary of a village or a field or a
holding which has not been surveyed, or if at any time after the completion of a survey a
dispute arises concerning the boundary of any village or survey number of sub-division of
survey number, it shall be decided by the Collector after holding a formal inquiry at
which the village officers and all persons interested therein shall be given an opportunity
of appearing and producing evidence before him.
20. Effect of settlement of boundary.— (1) The settlement of a boundary under this
Chapter shall be determinative:—
(a) of the proper position of the boundary lines or boundary marks; and
(b) of the right of the holders on either side of the boundary fixed in respect of the
land adjudged to appertain, or not to appertain, to their respective holdings;
(2) Where a boundary has been so fixed, the Collector may at any time summarily
evict any person who holds land and, who is wrongfully in possession of any land which
has been adjudged in the settlement of boundary not to appertain to his holding or to the
holding of any persons through or under whom he claims.
(3) Subject to the provisions of sub-rules (4) and (5), an appeal shall be to the
Government against an order of ejectment under sub-rule (2).
(4) Where any person has been ejected or is about to be ejected from any land under
the provisions of sub-rule (2), he may within a period of one year from the date of
ejectment or the settlement of the boundary, institute a civil suit to establish his title
thereto:
Provided that, the Government or the Collector or any revenue or survey officer as
such shall not be made a party to such suit.
(5) Where a civil suit has been instituted under sub-rule (1) against any order of
ejectment under the provisions of sub-rule (2), such order shall not be subject to an appeal
to the Government under sub-rule (3).
21. Construction and repair of boundary marks of survey numbers and
villages.— (1) It shall be lawful for any survey officer authorised in this behalf to
erect or cause to be constructed, laid out, maintained or repaired, boundary marks and
survey marks of village or survey numbers or sub-divisions and to assess all charges
incurred thereby on the holders or others having an interest therein.
(2) Such officer may by a notice in writing, require land holders to construct lay out,
maintain or repair within a specified time, the boundary marks or survey marks of their
respective survey numbers of sub-divisions; and on their failure to do so the survey
officer shall construct, lay out or repair them and assess all charges incurred thereby as
hereinbefore provided.
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(3) The boundary marks and survey marks shall be of such description, and shall be
constructed, laid out, maintained or repaired in such manner and shall be of such
dimension and materials as may be determined by the Director of Land Survey according
to the requirement of soil, climate, durability and cheapness of materials.
22. Responsibility for maintaining boundary marks.— Every person who holds
land or is in possession thereof shall be responsible for the maintenance and good care of
the boundary marks and survey marks of his holding and for any charge reasonably
incurred on account of the same by the revenue officers in case of alteration, removal or
disrepair. It shall be the duty of the Revenue Officers to prevent the destruction or
unauthorised alteration of the village boundary marks of survey marks.
23. Determination of responsibility for maintenance.— (1) The responsibility of the
land holders for boundary marks on a common boundary lies on the holder of the survey
number which is numerically lowest.
(2) The provisions of sub-rule (1) is subject to the conditions that when any survey
number is not occupied or assigned for Government purposes the responsibility for repair
of the marks on its periphery will pass on to the land holders of the other side of the
boundary. Repairs will be made at Government expenses only when the marks in
disrepair lie between survey numbers, each of which has no holder, except the
Government.
(3) Within each survey number the holder or holders of each sub-division are
responsible for the marks, if any, have been prescribed, to the periphery of that
sub-division to the same extent as they would be responsible if “sub-division” were read
instead of “survey number” in sub-rules (1) and (2).
(4) A mark which is on the common boundary of two or more villages must be
repaired by the holder of the land in the village which is under restoration when the marks
are found out of repair.
24. Collector to have charge of boundary marks.— After the survey operations are
over, the charge of the boundary marks and survey marks shall devolve on the Collector,
and it shall be his duty to take measures for their constructions, laying out, maintenance
and repair and for this purpose the powers conferred on survey officers by Rule 21 shall
vest in him.
25. Penalty for injuring boundary marks.— Any person willfully erasing, removing
or injuring a boundary mark or survey mark, shall on summary inquiry by a revenue
officer, be liable for a penalty not exceeding fifty rupees for each mark so erased,
removed or injured.
CHAPTER IV
Land Records
26. Preparation of record of rights.— It shall be lawful for the Government to take
all measures for the preparation and maintenance of land records, including the record of
rights and maps, and all other matters connected therewith or incidental thereto.
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27. Record of rights.— (1) A record of rights in land as owner, occupant, tenant,
Government lessee (including a holder of land under an emphytensis or provisional
concession), mortgage or howsoever, shall be maintained in every village in the form of a
separate card in Form I for each survey number or as the case may be, sub-division of a
survey number or where the land is not surveyed, for each field, and such record of rights
shall include the following particulars, namely:—
(a) Survey number, sub-division number, name of the field, area of the land and the
tenure on which it is held;
(b) Names of all persons who are owners, occupants, Government lessees or
mortgagees of the land;
(c) Names of tenants, if any, on the land;
(d) Names of persons holding an encumbrance of any other charge or right on the
land;
(e) The nature and extent of the respective interests of such persons and the
conditions or liabilities, if any, attaching thereto;
(f) The rent, if any, payable for the land.
(2) The first preparation of a record of rights in any village shall be made in
accordance with the procedure prescribed in rule 29 by the Mamlatdar or any other officer
as may be specified by Government in this behalf.
(3) The record of rights shall be maintained uptodate in accordance with the provisions
of rules 28 and 29.
28. Acquisition of rights to be reported.— Any person acquiring by succession,
survivorship, inheritance, partition, purchase, mortgage, gift, lease or otherwise, any right
as owner, holder, occupant, mortgagee landlord, tenant or Government lessee of any land,
shall report orally or in writing his acquisition of such right to the Talathi within three
months, from the date of such acquisition and the said Talathi shall at once give a written
acknowledgement of the receipt of such report to the person making it:
Provided that, where the person acquiring the right is a minor or otherwise
disqualified, his guardian or other person having charge of his property shall make the
report to the Talathi:
Provided also that where a person claims to have acquired a right with the permission
of the Collector where such permission is required under the provisions of any lay for the
time being in force, such person on being required by the Talathi so to do, produce such
evidence of the order by which such permission is given.
Explanation I — The right mentioned above include a mortgage without possession
but do not include an easement or a charge not amounting to a mortgage of the kind
specified in section 100 of the Transfer of Property Act, 1882.
Explanation II — A person in whose favour a mortgage is discharged or extinguished,
or lease determined acquires a right within the meaning of this section.
Explanation III — For the purpose of this Chapter the term “Talathi” includes any
person appointed by the Collector to perform the duties of a Talathi under this Chapter.
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First-Preparation of Record of Rights
29. Issue of notice.— (1) When the Record of Rights is to be introduced in any village
for the first time, the Talathi shall issue a public notice in Form II calling upon all persons
who have any interest in the lands in the village to furnish to him either in writing or
orally information on all or any of the following points within one month from the date of
the public notice:—
(i) Survey number and sub-division number, if any, of the land (or where the lands
are not surveyed, of the field and its boundaries) in which he has any interest as holder,
occupant, owner, tenant, landlord, mortgagee, Government lessee or in any other
manner.
(ii) The nature of interest in the land.
(iii) The tenure on which the land is held, that is to say whether the land held as
owner, occupant or Government lessee.
(iv) The encumbrance or charge, if any, on the land and the name of the holder of
such encumbrance of charge.
(2) The aforesaid notice shall be published in the village by beat of drum and by
affixing copies thereof, in a conspicuous place in the village and where there is a village
panchayat in the office of the village panchayat.
30. Preparation of Index of Lands.— (1) The Talathi shall on the basis of the
information received under rule 29 or such information as he may collect by making local
inquiry prepare a draft of the Index of land in the village in Form III.
(2) The draft of the Index of lands prepared under sub-rule (1) shall, after being
checked by the Circle Inspector or a Survey Officer not below the rank of a Circle
Inspector, be published by issuing a notice in Form IV and publishing the notice in the
manner provided in sub-rule (2) of rule 29. The notice shall call upon all persons having
interest in the lands in the village to inspect the draft, which shall be kept open for
inspection on the dates and times and at a place (which shall be convenient to the
villagers) to be specified in such notice and to submit to him in writing within one month
from the last date for inspection specified in the said notice their objections, if any, to any
of the entries in the draft. The notice shall also mention the date (such date being not
earlier than one month from the expiry of the period specified for submission of
objection) on which the entries in the draft will be read aloud in public and the objections
received within the prescribed period shall be inquired into and decided by a Survey
Officer or as the case may be, a Revenue Officer not below the rank of an Awal Karkun
and call upon the persons having interest in lands to be present at the aforesaid occasion.
(3) If from the objection received by the talathi under sub-rule (2) he finds that
disputes exist relating to entries in respect of certain lands, he shall enter such disputes in
a register of disputed cases, which shall be maintained for each village in Form V. He
shall simultaneously give individual notice in Form VI to each person who appears to him
to be interested in the disputed entry, informing him of the dispute and calling upon him
to be present on the date the dispute is to be heard and decided.
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(4) On the date specified in the notice issued under sub-rule (2), the Revenue or Survey
Officer concerned shall at the appointed place and time read aloud in the presence of the
persons assembled, the draft of the Index of Lands for the village. He shall then inform
them of the lands in respect of which disputes have been raised and ask them whether
they admit the entries in respect of the remaining lands. If they admit such entries the
officer shall make a remark to that effect in the remarks column of the draft. If in respect
of any entry any error is pointed out and is admitted by all concerned, the entry shall be
corrected and a remark made to that effect in the remarks column. If a dispute is raised in
respect of any entry it shall be entered in the register of disputed cases.
(5) Thereafter the officer concerned shall, after verifying whether the talathi has given
individual notices under sub-rule (3), proceed to decide the disputed cases entered in the
register of disputed cases and record therein his decision in respect of each dispute. The
decision shall be announced to the persons assembled.
(6) The entries in the draft of the Index of Lands shall be corrected in red ink by the
talathi in the light of the decisions given under sub-rule (5). He shall also prepare a
second draft of the Index of Lands which shall contain all entries as they stand corrected.
31. Promulgation of record of rights.— (1) The second draft shall be published by
issuing a notice in Form VII and publishing the notice in the manner provided in sub-rule
(2) of rule 29. The notice shall call upon all persons having interest in the lands in the
village to inspect the draft, which shall be kept open for inspection on the dates and times
and at a place (which shall be convenient to the villages) specified in such notice and
informing them that the draft will be finalised and the record of rights promulgated by a
Revenue of Survey Officer not below the rank of a Deputy Collector on the date and time
to be specified in such notice after hearing any appeals against the decisions taken in the
disputed cases. The notices shall also call upon the persons aggrieved by the decisions in
the register of disputed cases to hand over to the talathi before the aforesaid date their
appeal petitions. On receipt of such petition the talathi shall give notice about the receipt
of such petition to the other parties who are interested in the land and call upon them to
be present on the date, the appeal petition is to be decided.
(2) On the appointed date and time, the officer, concerned shall consider all the appeal
petitions received by the talathi within the prescribed period and shall decide them after
hearing the parties. He shall then get the entries in the second draft corrected in red ink in
accordance with the decisions given by him on the appeal petitions and shall sign it at the
end after adding a certificate that it has been duly approved by him. He shall then direct
the talathi to transfer the entries in respect of each survey number or sub-division of a
survey number or in respect of each field where the land is not surveyed, in the second
draft to the record of rights in Form I allotted for the survey number or the sub-division of
survey number or the field, as the case may be, and proclaim to the villagers that the
record of rights so prepared shall be the record of rights of the village.
32. Mamlatdar responsible for maintenance of record of rights.— The Mamlatdar
shall be responsible for the maintenance of the record of rights in all villages within his
jurisdiction and for that purpose for the timely and systematic compliance of the
provisions hereinafter appearing.
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33. Acknowledgement of reports under rule 28 and Register of Mutations.— (1)
On receipt of a report either orally or in writing under rule 28 about acquisition of rights
in land, the talathi shall at once acknowledge its receipt in Form VIII and enter the
mutation in the Mutation Register in Form IX maintained for each village.
(2) As soon as an intimation sent to him by the registering officer under rule 37 is
received, the talathi shall make a separate entry in the mutation register about the
mutation made by each document mentioned in such intimation.
(3) Where the acquisition of rights in any land is as a result of transfer of such land and
such transfer cannot be made without the previous permission of any officer of
Government, the talathi shall require the person making the report to him under rule 28 to
produce before him such permission or such evidence of the order by which such
permission is given within fifteen days. If such permission or evidence is produced the
talathi shall record this fact at the end of the entry in column 2 of the mutation register. If
the permission is obtained but not produced or not at all obtained the talathi shall record
this fact as aforesaid.
(4) Wherever the talathi received from the Mamlatdar, the Director of Land Survey of
officers superior to him:—
(i) any intimation about the passing of any order as a result of which mutation has
taken place; or
(ii) any intimation about hypothecation of any land for tagai loan;
he shall make an entry about the mutation in the mutation register.
34. Notice of mutation and pencil entries in record of rights.— As soon as an entry
is made in the mutation register he shall at the same time post up a complete copy of the
entry in a conspicuous place in the village. He shall also simultaneously give notice in
Form X to all persons appearing from the record of rights or mutation register to be
interested in the mutation and to any other persons whom he has reason to believe to be
interested therein requiring them to submit to him either orally or in writing the
objections, if any, to the entry in the mutation register, within fifteen days from the
receipt of such notice. He shall also provisionally give effect to the mutation entry in the
record of rights by bracketing the old entry in pencil and by writing in pencil below it the
entry as modified by the mutation entry and followed by the serial number of the said
mutation entry:
Provided that where the mutation entry is made as a result of item (ii) of sub-rule (4) of
rule 33, it shall not be necessary to give written intimation under this rule.
35. Acknowledgement of objections.— The talathi shall acknowledge the objections
received under rule 34 and shall also enter them in the register of disputed cases.
36. Mutation register to be examined by the Circle Inspector.— (1) The Circle
Inspector shall visit the village and examine any entry made by the talathi in the mutation
register and see if copies of every entry have been properly posted and notices have been
properly served under rule 34 or not. The Circle Inspector shall give intimation of the
date and time of such visit, sufficiently in advance to the talathi who shall inform the
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persons interested in the relevant mutation entries about such visit and call upon them to
remain present at a prominent place in the village when the Circle Inspector visits the
village.
(2) On visiting the village at the appointed time, the Circle Inspector shall read out
aloud each mutation entry and explain it to the persons present. He shall also ask the
persons interested in the relevant entry to state whether they admit the entry or whether
they have any objection to it. If any objection is raised, the objection shall be entered by
him in the register of disputed cases.
(3) The Circle Inspector shall initial the entries in the mutation register in respect of
which no objection is received by the talathi or by him under sub-rule (2). Where the
entry is admitted by the persons interested, the fact shall be noted by him in column 4 of
the mutation register.
(4) If in respect of any entry in the mutation register, an error is noticed by the Circle
Inspector or is pointed out to him by any one present, and such error is admitted by all
persons interested in such entry who may be present or if such persons be not present, the
Circle Inspector is himself satisfied about the existence of such error, he shall correct the
error by bracketing the erroneous entry and inserting the correct entry by interlineations
or side note or by an entirely fresh entry, in either case authenticated by his signature. If
the error is not admitted, he shall enter the dispute in the register of disputed cases.
37. Certification of mutation entries and disposal of dispute.— (1) Disputes entered
in the register of disputed cases and the entries in the mutation register shall be certified
in the village or in its neighbourhood by a revenue or survey officer not below the rank of
an Awal Karkun as far as possible within one year from the date of making the entry in
the register. For this purpose the certifying officer shall give intimation in Form XI to the
talathi sufficiently in advance.
(2) On receipt of the intimation the talathi shall issue notices in Form XII to the
persons interested in the mutation entries to be certified and the disputes entered in
register of disputed cases at least fifteen days before the date fixed for certification of the
mutation entry asking them to be present at the appointed time and place and further
informing them that if they fail to remain present, the dispute will be decided and the
mutation entries will be certified by the certifying officer in their absence.
(3) At the appointed time and place the certifying officer shall read out the mutation
entries which are undisputed in the presence of the parties interested in such entries who
may be present. If the correctness of an entry is admitted, the certifying officer shall
record such admission in the mutation register and add an endorsement under his
signature that the entry has been duly certified. If an error is noticed in the entry by the
Certifying Officer and such error is admitted by the persons interested who may be
present, the Certifying Officer shall correct the entry and certify the corrected entry as
aforesaid.
(4) The Certifying Officer shall then decide each dispute entered in the register of
disputed cases by holding a summary inquiry and shall record his decision in the said
register. He shall also record in column 4 of the mutation register the order passed by him
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about the mutation entry in such decision and further make an endorsement under his
signature to the effect that the mutation entry as modified by his order is certified by him.
(5) Where the mutation entry is made as a result of item (ii) of sub-rule (4) of rule 33,
the Certifying Officer shall certify the entry after verifying it.
38. Giving effect to the certified entries in mutation register in record of rights.—
(1) Immediately after the mutation entry is certified under rule 37, the talathi shall give
effect to the mutation entry as certified in the record of rights in the following manner:—
(i) where the entry made in pencil in the record of rights remains unaltered by the
mutation entry as certified, the talathi shall ink out the entry; and
(ii) Where the entry made in pencil in the record of rights is altered by the mutation
entry as certified, the talathi shall erase the entry made in the pencil and write in ink
the correct entry in conformity with the certified mutation entry.
(2) Where more than one mutation of an entry in the record of rights has taken place
prior to the certification, each such mutation shall be transferred to the record of rights in
the manner provided in sub-rule (1) in the order of occurrence of the mutations.
39. Intimation of transfers by registering officer and giving effect to such transfer
in record of rights.— (1) When any document purporting to create, assign or extinguish
any title to, or any charge on, land used for agricultural purposes, or in respect of which a
record of rights has been prepared is registered under the Indian Registration Act, 1908,
the officer registering the document shall send intimation to the talathi of the village in
which the land is situated and to the Mamlatdar of the Taluka, in Form XII separately in
respect of lands included in each village. Such intimation shall be given in the first week
of each month for the documents registered in the preceding month. While sending the
intimation to the talathi, it shall be sent in duplicate.
(2) On receipt of an intimation under sub-rule (1), the talathi shall immediately take
action as if the intimation was a report made to his under section 28 and the provisions of
rules 34 to 38 shall mutatis mutandis apply except that it shall not be necessary for the
talathi to acknowledge receipt as provided in sub-rule (1) of rule 33. The talathi shall also
enter the mutation entry number(s) in the “remarks” column of the duplicate copies of the
intimation received under sub-rule (1) and return one copy to the Mamlatdar.
40. Register of cultivators and crops.— A register showing the names of persons
who have cultivated the lands in a village, the crops grown therein and the area in which
they are grown and where the lands are not cultivated, the names of persons in actual
possession shall be maintained in every village. It shall be in the form of a separate card
in Form XIII in respect of each survey number or sub-division of a survey number and
shall be printed below the record of rights in Form I. Entries in the register shall be made
every year in the manner provided in rules 41 and 42.
41. Procedure of making entries in register of cultivators and crops.— (1) Every
year at any time during the period when the crops grown in the village are standing in the
fields, the talathi shall visit the village for the purpose if inspection of the crops and
making entries in the register of cultivators and crops.
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(2) The talathi shall give intimation of the date of his visit to the village for the purpose
of sub-rule (1) to the Sarpanch of the village panchayat at least seven days in advance and
shall request him to arrange to inform the villagers by beat of drum or by any other
suitable method about the date(s) of visit of the talathi and its purpose and to call upon the
villagers to be present in their fields and witness the entries being made in the register of
cultivators and crops. He shall also request the Sarpanch to request the members of the
village panchayat to accompany him during the crop inspection.
(3) On the appointed date(s) the talathi shall visit every field in the village in the
presence of the members of the village panchayat and in villagers who agree to
accompany him and make entries in the register of cultivators and crops in respect of each
survey number or sub-division of a survey number. He shall allow the persons interested
in the land to see the entries made by him in respect of the land in which they are
interested.
(4) For ascertaining the person who has cultivated a survey number or sub-division of a
survey number or where the land is uncultivated of the person in actual possession, the
talathi shall question the person who may be present in the land and also the villagers
who accompany him. Where there is no dispute about such person, and where such
person is also a person who according to the entries in the record of rights is entitled to
cultivate the land or as the case may be, to be in actual possession, the talathi shall make
entries in ink in the register in respect of that land.
(5) Where there is a dispute or disagreement about such person or where such person is
other than the person who according to the entries in the record of rights is entitled to
cultivate the land or as the case may be, to be in actual possession and such person is able
to produce before the talathi documentary evidence in support of his possession of the
land, the talathi shall make an entry in ink in respect of such land and shall also keep in
column (17) of the register a note about the document produced in support of his
possession. If the person is unable to produce such documentary evidence the talathi shall
make the entries in columns (2) and (3) of the register relating to such land in pencil and
the remaining entries in ink. He shall also make a note in pencil in column (17) of the
register about the dispute or discrepancy in possession.
42. Finalising entries in register of cultivators and crops.— (1) As soon as may be
after the talathi has made entries in the register of cultivators and crops, the Circle
Inspector or any Revenue Officer superior to him shall visit the village for the purpose of
finalising the entries made in pencil under sub-rule (5) of rule 41 and for hearing the
objections, if any to the entries relating to crops made in the register by the talathi. He
shall give intimation of the date of his visit to the talathi and Sarpanch of the village at
least seven days in advance. The talathi shall arrange to inform all persons interested in
the pencil entries of the officer's visit and shall call upon them to remain present at the
appointed place and at the appointed time if they have any objection to the pencil entry.
(2) On the appointed date, the officer referred to in sub-rule (1) shall after hearing the
objections, if any, to the pencil entries and the entries relating to crops and after holding
such further enquiry as he deems necessary for ascertaining the correct factual position,
ink out the pencil entry if it represent the correct factual position or make a fresh entry in
ink in accordance with the correct factual position after erasing the pencil entry. He shall
Manual of Goa Laws (Vol. I) – 328 – Agricultural Tenancy Act & Rules
similarly correct the incorrect entries relating to crops and shall put his initials at the end
of such entries.
43. Mutation entries corresponding to entries in register of cultivators and
crops.— Where an entry made in the register of cultivators and crops relating to a
mutation in respect of such land, the talathi shall make an entry in the mutation register
about the mutation. Thereafter the provisions of rules 34 to 39 shall mutatis mutandis
apply.
Other matters
44. Revenue Officer to exercise powers of survey officers.— For the purpose of
preparing or revising any map or plan required for, or in connection with any record or
register under the provisions of these rules, the Revenue Officers shall exercise the
following powers of a survey officer—
(a) A circle Inspector and a talathi may issue notice to secure the attendance of
holders of land and of all persons interested therein. They may also send intimations to
village officers connected with survey operations, requiring them to render necessary
assistance and call upon the holders and the interested persons to assist in the
measurement.
(b) The revenue officers of and above the rank of an Awal Karkun may, if so
required, issue summons to the holders and interested persons in order to secure their
attendance and send intimation to the Taluka Officers connected with survey
operations to render necessary assistance. Such officers may in the event of necessity
employ hired labour for purposes of survey.
(c) The cost of preparation or revision of maps with all contingent expenses
including the cost of clerical and hired labour and supervision shall be assessed on the
land to which such map or plans relate, by an Assistant or Deputy Collector in such a
way that it will cover entire cost of measuring, assessing and maping the land. Such
cost shall be recovered from the holders of land as a revenue demand.
45. Inspection of record of rights.— The records and registers maintained under
these rules shall, from time to time be inspected by revenue and survey officer not below
the rank of a Mamlatdar. If any error in the entry is noticed by such officer during the
course of his inspection, it shall be treated as a fresh mutation and corrected in accordance
with the provisions of these rules.
46. Entries made in pencil not to be accepted as evidence.— An entry made in the
pencil either in the record of the rights or register of cultivators and crops shall not be
accepted as evidence in any proceedings before any authority, court or tribunal.
47. Correction of clerical errors.— The Collector may, at any time correct or cause
to be corrected any clerical error and any errors which the parties interested admit to have
been made in the record of rights or registers maintained under this Chapter or which a
revenue officer may notice during the course of his inspection:
Provided that when any error is noticed by a revenue officer during the course of his
inspection, no such error shall be corrected unless a notice has been given to the parties
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and objections, if any, have been disposed of finally in accordance with the procedure
relating to disputed entries.
48. Presumption of correctness of entries in record of rights and register of
mutations.— An entry in the record of rights and a certified entry in the register of
mutation shall be presumed to be true until the contrary is proved or a new entry is
lawfully substituted therefor.
49. Bar of suits.— No suit shall lie against the Government or any officer of the
Government in respect of a claim to have an entry made in any record or register that is
maintained under this Chapter or to have any such entry omitted or amended.
50. Inspection of maps and land records and certified copies thereof.— (1) Subject
to the payment of the fees provided in sub-rule (2) all maps and land records shall, subject
to such restrictions as may be imposed, be open to inspection by the public during office
hours in the office of the officer in charge of the same and certified extracts therefrom or
certified copies thereof may be given to all persons applying for the same on payment of
such fees as prescribed in sub-rule (2).
(2) The following fees shall be payable in cash for inspection and for supply of
certified copies—
(i) For each day on which the inspection 50 paise per hour subject to a
is made maximum of Rs. 2 per day.
(ii) For every certified copy of a serial 5 paise.
number or entry in the record of rights,
register of mutations, or register of
cultivators and crops.
51. Continuance of survey operations at the commencement of the Rules.— All
survey operations commenced under any law for the time being in force, or any rule,
order or direction of the Government, and either completed or continuing at the
commencement of these rules shall be deemed to have been commenced, completed or to
be continuing under the provisions of these rules.
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FORM - I
(See Rule 27)
Record of Rights of village ............................ Taluka..............................
Survey Sub-Division Number Name of field, Name of Khata No. Mutation
No. if any occupant entry No.
1. Cultivable area Ha As
(i) Dry crop
(ii) Garden of
irrigated
(a) Khazan
(iii) Rice (b) Kher
(c) Morod
_______________________________________
Total
Name of tenant Khata No. Mutation entry No.
II. Un-cultivable
_______________________________________
Class (a)
_______________________________________
Class (b)
_______________________________________
Total
_________________________________________________________________________________________
(I+II) Total gross area
Rs. Ps. Other rights Name of person Nature of right Mutation entry No.
holding rights
__________
FORM II
[See Rule 29 (1)]
Public Notice
Whereas it has been decided by Government to introduce Record of Rights in the
Village ... in ... Taluka ... District under the provisions of the Goa, Daman and Diu
Agricultural Tenancy (Revenue Survey and Record of Rights) Rules, 1967;
And whereas an index of lands in the village is now to be prepared under rule
30 of the said rules;
Now, therefore, I, ... Talathi of ... hereby give a public notice under Rule 29 of the said
rules to all persons who have any interest in the lands in the said village and call upon
them to furnish to me either in writing or orally, information on all or any of the
following points in respect of the land in which they are interested, within one month
from the date of this notice:—
Manual of Goa Laws (Vol. I) – 331 – Agricultural Tenancy Act & Rules
1) Survey Number and sub-division Number, if any, or the name of the field and its
boundaries in which the person has any interest as owner, occupant, holder, tenant,
mortgagee, Government lessee (including a person holding land from the Government on
emphytensis or provisional concession), or in any other manner;
2) The nature of interest in the said land;
3) The tenure on which the land is held, that is to say, whether the land is held as
owner, occupant or Government lessee;
4) The encumbrance or charge, if any, on the said land and the name of the holder of
such encumbrance or charge.
Place : Talathi of ...........................
Date:
_______
FORM III
[See Rule 39 (1)]
Index of lands
Village ………………… Taluka ………………………
Area and classification
Cultivable (Uncultivable pot-kharb
Survey
No.
Sub-Division
Number
Name
of the
Field
Tenure Area
Ha. As.
Classification
(i.e. dry crop
rice of garden)
Area
Ha.
As.
Clasification
[i.e. class (a) or
Class (b)]
Name of
occupant
1 2 3 4 5 6 7 8 9
Other rights (i.e. rights held by persons other than
occupant or tenant or encumbrance
Name of
tenant
Khata No. of
tenant
Khata No.
of tenant
Rent payable
by tenant Name of person
holding such
rights or
encumbrance
Nature of rights or
encumbrance
Initials of
checking
10 11 12 13 14 15 16
_______
FORM IV
[See Rule 30(2)]
Public Notice
Whereas it has been decided by Government to introduce Record of Rights in the village ... in
... Taluka ... District under the provisions of the Goa, Daman and Diu Agricultural Tenancy
(Revenue Survey and Record of Rights) Rules, 1967;
Manual of Goa Laws (Vol. I) – 332 – Agricultural Tenancy Act & Rules
And whereas a draft of the Index of Lands has been prepared under rule 30 of the said rules;
Now, therefore, I, ... Talathi of ... village hereby call upon all persons having interest in the
lands in the said village to inspect the draft of the Index of Lands which is kept open for inspection
on ... (here mention the dates on which the draft is kept for inspection) at ... (here mention the
place at which the draft will be available for inspection) during the hours ... and to submit to me in
writing within one month from the last date of inspection specified above, their objections, if any,
to any of the entries in the said draft;
I also give notice that the entries in the said draft of the Index of Lands will be read aloud on
..... at ... and the objections received by me within the aforesaid prescribed period will be enquired
into and decided by ... and call upon all persons having interest in the lands in the said village to be
present at the aforesaid occasion.
Place:
Date: Talathi of ....................
_______
FORM V
[See Rule 30(3)]
Register of Disputed Cases
Sr. No. Sr. No. in
mutation
Survey No. and
Sb-Division No.
or name of field
Date of receipt of
objections
Particulars of
disputes with
names
Orders of
Officers
1 2 3 4 5 6
_______
FORM VI
[See Rule 30 (3)]
Notice
Whereas it has been decided by Government to introduce Record of Rights in the village ... in ...
Taluka ... District under the provisions of the Goa, Daman and Diu Agricultural Tenancy (Revenue
Survey and Record of Rights) Rules, 1967;
And whereas a draft of the Index of Lands prepared under sub-rule (1) of rule 30 of the said
rules, has been published for being inspected by the persons, interested in the lands in the village
and for submission of objections to the entries made therein;
And whereas an objection, as specified below, has been received from Shri ...... to the entry
made in respect of the land specified below:
Survey No. and Sub-Division Nature of the objections
or name of the field
And whereas it appears to me that you are interested in the entry in respect of the aforesaid
land;
Manual of Goa Laws (Vol. I) – 333 – Agricultural Tenancy Act & Rules
Now, therefore, I ... Talathi of village, hereby call upon you to be present, before the officer
who will enquire into the aforesaid dispute on ... at ... and place before him your say in the matter.
It should please be noted that if you fail to remain present the dispute will be decided in your
absence.
Place: Talathi of ...
Date :
________
FORM VII
[See Rule 31(1)]
Public Notice
Whereas it has been decided by Government to introduce Record of Rights in the village ... in
... Taluka ... District under the provisions of the Goa, Daman and Diu Agricultural Tenancy
(Revenue Survey and Record of Rights) Rules, 1967;
And whereas a second draft of the Index of Lands of the said village has been prepared under
sub-rule (6) of rule 30 of the aforesaid Rules, after the disputes relating to the entries in the first of
the Index of Lands were decided by (here mention designation of officer) …... and the said second
draft is kept at ……... for inspection by all persons having interest in the lands in the said village
on …... between the hours…...
And whereas the aforesaid draft of the Index of Lands will be finalised by (here mention
designation of the officer) ... on ... at ... at ... after hearing appeals, if any, against the decisions
given in the aforesaid dispute cases;
Now, therefore, I, .. Talathi of ... village hereby call upon all persons interested in the lands in
the said village to inspect the second draft of Index of Lands. I further call upon those persons who
may be aggrieved by the decisions in the disputed cases to give their appeal petitions against such
decisions to me before ... for being heard and decided by the aforesaid officer and to remain
present before him at the aforesaid time. It should please be noted that if they fail to remain
present, the appeals will be decided in their absence.
Place: Talathi of ...
Date :
_______
FORM VIII
[See Rule 33(1)]
Form of Acknowledgement of the Report Regarding Acquisition of Right
Received from : of village, taluka
on 19 a report orally/in writing regarding the acquisition of rights in respect of
Survey No. Sub-Division No. of village, taluka with the following
documents in support thereof—
Place:
Talathi of ...
Date:
Manual of Goa Laws (Vol. I) – 334 – Agricultural Tenancy Act & Rules
FORM IX
[See Rule 33(1)]
Mutation Register
Serial No. of entry Nature of rights
acquired
Name of the field or
survey and Sub-
division Nos. affected
Initial or remarks
by testing officers
1 2 3 4
________
FORM X
(See Rule 34)
Notice
Whereas an entry has been made in the register of mutation of the village ………………..…
Taluka……………..…..regarding the acquisition of rights in land as specified below from the said
village:—
Serial number of entry in mutation
register Nature of rights acquired
Name of the field or Survey
number and sub-division number
in which the rights have been
acquired
And whereas, it appears to me that you are interested in the said mutation entry;
Now, therefore, you are hereby given notice of the said mutation entry and you are called upon
to submit to me either orally or in writing within fifteen days from the day of receipt of the notice,
your objection, if any, to the said mutation entry. Please note if no objection is received by me
within said period of fifteen days it shall be presumed that you agree to the mutation entry.
Place: Talathi of ……………
Date:
________
FORM XI
(See Rule 31)
Place:
Date:
To,
The Talathi of ……………………….. taluka
Manual of Goa Laws (Vol. I) – 335 – Agricultural Tenancy Act & Rules
Sir,
I am hereby informing you that I shall be camping at ………….. in village ……… taluka at
……..for the purpose of certifying the mutation entries made in the mutation register of ……
village in your charge, which may have been made since the last visit of the certifying officer and
for the purpose of deciding disputes entered in the register of disputed cases relating to such
mutation entries. I, therefore, call upon you to issue notice in Form XII prescribed under the Goa,
Daman and Diu Agricultural Tenancy (Revenue Survey and Record of Rights) Rules, 1967, to all
persons who are known from the village record to be interested in the mutation entries to be
certified and the dispute about them, at least fifteen days before the date of my camp.
Yours faithfully,
Certifying Officer
________
FORM XII
[See Rule 37(2)]
Notice
Whereas an entry has been made in the mutation register of …………. village …..........taluka
regarding acquisition of rights in lands as specified below from the said village:
Serial number of mutation entry Nature of rights Name of the field or survey number
and sub-division number affected
And whereas the Certifying Officer will camp at …………. in village ……………. taluka
………. for the purpose of certifying the above entry after deciding the dispute, if any, in respect
of the said mutation entry in the register of disputed cases;
And whereas it appears to me from the village record that you are interested in the said
mutation entry;
Now therefore, I, Talathi in charge of the village in which the aforesaid land is situated, hereby
give notice to you to remain present before the Certifying Officer for placing before him your say
about the said mutation entry or the dispute about it. Please also note that if you fail to remain
present, it shall be presumed that you have nothing to say in the matter and the dispute about the
mutation entry will be decided and the mutation entry certified in your absence.
Place:
Date: Talathi of ………
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FORM XIII
[See Rule 39 (1)]
Registering Officer’s monthly return of registered transferred transactions affecting land in
……….. Village …….. Taluka ………… District for the month of …………..…. 19…..
Sr. No. in
registration
Name of village
in which the
land is situated
Nature of the
documents
Survey No. (or Plot No.) and
Sub-Div. No. or name of the
field affected by the
transaction
Area
Assessment Tenure
1 2 3 4 5 6 7
Name and
residence of the
executor of the
document
Name and residence
of the person in
whose favour the
document is executed
Where the registered
transaction is by order
of court or otherwise
Consideration Date of
execution of
the document
Remarks
8 9 10 11 12 13
Place:
Date: Designation of the Registering Officer
To
The Mamlatdar of …….. Taluka District.
————————————————————
The Talathi of ……. Village, Taluka …… District.
FORM XIV
(See Rule 40)
Register of Cultivator and Crops
Details of cropped area Land not available for
cultivation
Name of Crop Irrigated Unirrigated Nature Area
Year
Name of
cultivator
Mode
Season
Ha. As. Ha. As. Ha. As.
Source
of
irrigation
Remarks
By order and in the name of the Lieutenant Governor of Goa, Daman and Diu.
W. G. Ranadive, Secretary (Revenue).
Panjim, 7th February, 1968.
(Published in the Government Gazette, Series I No. 48 dated 29-2-1968).
Manual of Goa Laws (Vol. I) – 337 – Agricultural Tenancy Act & Rules
The Goa, Daman and Diu Agricultural Tenancy (Discharge of Joint
Responsibility of Tenants) Rules, 1975
Revenue Department
___
RD/TNC/RLS/158/72-75
In exercise of the powers conferred by section 61 read with section 42-A of the Goa,
Daman and Diu Agricultural Tenancy Act, 1964 (7 of 1964) and after complying with the
requirements of pre-publication, 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 (Discharge of Joint Responsibility of Tenants) Rules, 1975.
(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) “Association” means a group of tenants 1[“who have become deemed purchasers
by virtue of the Goa, Daman and Diu Agricultural Tenancy (Fifth Amendment) Act,
1976 and”] who jointly derive benefit from a common major bund or bunds in a
locality and is recognized as such under these rules, by the Mamlatdar of the Taluka
having jurisdiction;
e) “Managing Committee” means Committee of members who are elected as Office
bearers by the general body of the Association;
f) Words and expressions used, but not defined in these rules shall have the same
meanings assigned to them in the Act.
3. Constitution and Recognition of Tenants Association.— (1) (a) 2[“Not less than
ten tenants”] who jointly derive benefit from a common major bund or bunds shall be
required to constitute an association. The membership of such Association shall be
compulsory for all such tenants irrespective of the fact whether bund is owned by the
Comunidade or by a private individual. All the members of the association will
collectively be referred to as the General Body. The object of the Association shall be to
discharge the joint responsibility of tenants in accordance with the provisions of section
42-A of the Act:
1 In clause (d) of rule 2, these words have been inserted by Amendment Rules, 1999 (Official Gazette, Series I, No. 45
dated 10-2-1999-Supplement).
2 In rule 3 these words have been substituted for the words “not less than twenty-five tenants” by Amendment Rules, 1999
(O.G. Series I No. 45 dated 10-2-1999-Supplement).
Manual of Goa Law (Vol. I) – 338 – Agricultural Tenancy Act & Rules
Provided that if any tenant objects to inclusion of his name as a member of any
Association, the matter shall be referred to the Mamlatdar having jurisdiction and his
decision shall be final and binding on the tenant.
(b) Notwithstanding anything contained in clause (a), the Mamlatdar may, for
reasons to be recorded in writing, permit more than one Association even in cases
where all the members are tenants benefitted by a common major bund and may also,
for reasons to be recorded in writing, permit constitution of one association even if the
members are those benefitted by different bunds if they all come within his
jurisdiction.
(2) Every association of tenants shall be registered and recognized by the Mamlatdar
concerned on an application filed on behalf of the majority of the tenants of the area in
Form I appended to these rules. The certificates of recognition shall be in Form II
appended to these rules. For recognizing an Association, the total number of member
should be 1[“at least ten”].
(3) The initial list of members of the Association shall be prepared by the Mamlatdar
in Form III and the same will be open for inspection by members for 15 days from the
date of its display on the notice board at places where notices are displayed for meeting of
the Association. After deciding the objections, if any, the list shall be finally displayed.
The list shall be kept up-to-date by the managing committee through its Secretary.
4. Functions of the General Body.— (1) It shall be the duty of the General Body of
the Association:—
(i) to elect the Managing Committee and the Office bearers, namely, the
Chairman, the Vice-Chairman, the Honorary Secretary and the Honorary Treasurer
and Attorney;
(ii) to approve the annual Statement of Accounts to be prepared by the Managing
Committee;
(iii) to consider and decide the matters regarding the conservancy, maintenance and
repairs of any bund, embankment, ridge, sluice-gate or any other matter which may be
specially referred to by the Managing Committee for consideration or which the
majority of the members of the General Body want to raise.
2[“(iv) to consider and decide the terms and conditions of lease of fishing rights
of sluice gate or “Umalo” in the vicinity of sluice gate, “pons” or “murados” or in
the rivulet and also to decide whether the public auction of fishing rights of the
sluice gate or vicinity thereof, “pons” or “murados” shall be reserved exclusively for
the members of Tenants Association or not.”]
(2) The General Body shall meet once in a year, in the first fortnight of the month of
December, to decide on general matters. For the purpose election of the Officer bearers of
the Managing Committee, a special meeting shall be convened by the Mamlatdar with a
1 These words have been substituted for the words “atleast twenty five” by Amendment Rules, 1998 (O.G. Series I No. 45
dated 10-2-1998-Supplement).
2 New clause (iv) inserted Ibid.
Manual of Goa Law (Vol. I) – 339 – Agricultural Tenancy Act & Rules
notice of at least of 10 days in advance and the same will be presided over by the
Mamlatdar or his representative. The notice in Form IV appended to these rules, for any
meeting of the General Body shall be displayed in Village Panchayat Offices,
Comunidade Offices, Block Development Office and Mamlatdar’s office and also a wide
publicity of the same shall be given by beat of drum in the village. The voting at such
meeting shall be by show of hands and the results shall be declared by the Mamlatdar or
his representative, as the case may be, immediately after the voting is over for any post of
office bearer.
(3) Special meeting of the General Body can be convened by the Chairman of the
Managing Committee on a written request made by more than 50% of the members of the
association for discussing matters of general interest. A copy of such request shall be
endorsed to the Mamlatdar. If the Chairman fails to call the meeting, the Mamlatdar will
have the power to call the same if he is satisfied that calling the General Body meeting is
in the interest of the association. All the ordinary and special meetings shall be presided
over by the Chairman or in his absence by the vice-chairman except the special meeting
called by the Mamlatdar. The meeting called by the Mamlatdar shall be presided over
either by the Mamlatdar or by any person duly authorized by him.
(4) (a) All the decisions of the general body shall be taken by the majority of the
members present.
(b) The quorum for all meetings of the General Body shall be ten and for that
convened for electing the Managing Committee shall be half of the members of the
Association. If there be no quorum at any meeting, the meeting shall be adjourned to
another date not earlier than seven days of the original date fixed for meeting and the
business shall be transacted in such adjourned meeting even if there be no quorum in
such meeting.
(c) A member may authorize in writing, any other person who may be a member or
not, to represent him in any of the meetings of the Association and such authorized
person shall have a right to participate in the deliberations of the meeting and also to
cast his vote.
5. Duties of Members.- The Members of Association shall perform such duties as may
be assigned to them by the Managing Committee for the purpose of watch and ward of
the bunds.
6. Constitution and functions of the Managing Committee.— (1) The Managing
Committee of the Association shall be composed of the following office bearers namely,
a Chairman, a Vice-Chairman, an Honorary Treasurer, an Attorney and an Honorary
Secretary. The Office bearers shall be elected by the General Body according to the
procedure prescribed under rule 4. The term of the Managing Committee shall be 3 years
from the date of election. However, the office bearers shall be eligible for re-elections.
(2) An Office bearer may tender his resignation in writing to the Mamlatdar and the
same shall be effective from the date on which it is accepted by the Mamlatdar.
(3) An Office bearer of the Managing Committee shall be liable to be removed by a
resolution to this effect if the same has been approved by the two-thirds of the members
of the Association present in a special meeting convened for the said purpose. However,
Manual of Goa Law (Vol. I) – 340 – Agricultural Tenancy Act & Rules
no such meeting for the removal of the Office bearer shall be called unless a 5 days notice
is given to the Office bearer concerned mentioning therein the grounds of the proposed
removal. A copy of such notice shall be endorsed to Mamlatdar who shall convene a
special meeting after satisfying himself about the genuineness of the purpose.
(4) The resultant vacancy in the Managing Committee on account of resignation,
removal or death shall be filled in accordance with the provisions of sub-rule (1) within
45 days from the date of vacancy failing which such vacancy shall be filled in by the
Mamlatdar through nomination from among the members of the association. The term of
Office of such new member shall be co-terminous with the term of Office of the other
members.
(5) The Managing Committee shall be responsible for discharge of following
functions:—
(a) To maintain the list of tenants up-to date as prescribed in Form III under Rule 3.
(b) To take all steps which are necessary to be taken for conservancy, maintenance
or repairs of bunds.
(c) To get the estimates prepared for repairs, maintenance etc. from the Soil
Conservation Division of the Directorate of Agriculture and take steps for execution of
these works through the Soil Conservation Division.
(d) To prepare the annual statement of Accounts showing receipts and expenditure
and present the same before the general body on the date fixed for the meeting.
(e) To auction the right to fishing in the vicinity of the sluice gates and to lease out
the trees on the bunds.
(f) To take immediate steps for closer of breaches in the bunds and get the work
executed.
(g) Any other work which the Mamlatdar or the General Body may entrust to the
Managing Committee in the interest of the proper up-keep and maintenance of the
bunds and sluice gates.
Explanation 1:— The Managing Committee shall work and function collectively and
the responsibility of all members of the Managing Committee shall be joint for any acts
of omission and commission as regards the duties of the Office bearers.
(6) The meetings of the Managing Committee shall be presided over by the Chairman
or in his absence by the Vice-Chairman. There shall be at least one meeting in a period of
2 months. The minutes of the proceedings of each meeting shall be kept and the same
shall be duly signed by the presiding officer and the members present. Decision in the
Managing Committee shall be by majority of votes. At least three office bearers shall
form the quorum for the meetings of the Managing Committee and if there is no
sufficient quorum, the meeting shall be adjourned for a future date. The adjourned
meeting may deliberate the agenda if at least two office bearers are present and the
subject matter is to be discussed is of urgent nature. A copy of the minutes of the meeting
of Managing Committee shall be sent to the Mamlatdar within 7 days of the date of
meeting for his information and action, if any.
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(7) The Chairman shall have powers to call the meeting of the Managing Committee
and the General Body as and when found necessary.
(8) In the absence of the Chairman, the Vice-Chairman shall discharge all the duties of
the Chairman.
(9) The Secretary of the Managing Committee shall prepare the Agenda for two
meetings and record the minutes of the meeting of the general body and the meetings of
the Managing Committee and shall exercise general supervision on the records of the
Association. He shall be responsible for realization of the annual subscription and
additional contribution from the member tenants. He shall also prepare and forward to the
Mamlatdar a list of defaulters duly signed by him and the Chairman for further action
towards recovery of dues of the association in accordance with the provisions of the Act.
A copy of such list shall also be displayed on the notice board of the Village Panchayat
within whose jurisdiction the Association functions and the list shall also be placed before
the General Body in its next meeting.
(10) The Treasurer shall be responsible to maintain all the accounts of the Association
showing receipts and expenditure and to get the accounts audited annually, by an Auditor
appointed by the Managing Committee with the approval of the Mamlatdar.
(11) The Mamlatdar concerned shall have power to call from the Managing
Committee any records, statements, registers, account or reports which he may think
necessary.
(12) The attorney shall look after the up-to-date maintenance of the list of tenants. He
shall also attend to the disputes arising out of the discharge of the functions by the
Association after obtaining concurrence of the Managing Committee and under
intimation to the Mamlatdar.
(13) On the election of the new Committee, the old Committee shall hand over the
charge of all the receipts, papers, property and cash balance within 15 days to the new
Committee.
(14) In case of any complaints about non-compliance of the above formalities, the
Mamlatdar may by a written order direct that the records, money or other property so
detained be delivered to such successor within the time limit to be specified in such order
and if the Chairman, Vice-Chairman, Treasurer, Attorney and Secretary fail to comply
with the said order, the Mamlatdar shall:
a) direct that such money be recovered as an arrear of land revenue;
b) issue a search warrant for recovery of any records, stores or other property and
exercise all such powers as may be lawfully exercised by an Executive Magistrate
under the provisions of Chapter VII of the Cr. P. C.:
Provided that no action shall be taken under this rule unless the person concerned
has been given a reasonable opportunity to show cause why such action should not be
taken against him.
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1(15) If the Mamlatdar, after summary enquiry, is satisfied that the Managing
Committee or any office bearer thereof has failed to discharge the duties or has abused
the powers or has misappropriated the funds of the Tenants Association by not
maintaining the accounts in the specified manner resulting in loss to the Tenants
Association or has done any acts which are harmful to the agricultural land, he shall
dissolve the Managing Committee or summarily remove any office-bearer of the
Managing Committee and appoint an ad hoc Managing Committee or any of its office
bearer to perform all the duties and exercise all the powers of the Managing Committee as
enumerated in the preceding rules till the new Managing Committee or his office bearer
takes charge:
Provided that such ad hoc Managing Committee shall continue to function till a new
Managing Committee or any of its office bearer is appointed in accordance with the
provisions of sub-rule (1) or till the expiry of six months from the date of its constitution,
whichever is earlier.”
7. Accounts of the Committee.— (1) The funds of the association shall consist of the
income derived out of the lease of fishing rights at the sluice-gate, income from trees on
the bunds and the contribution from the members of the Association. The accounts of the
Association shall be maintained in the cash book and shall be in Form V appended to
these rules. All the pages of the cash book before the same is opened shall be serially
numbered and authenticated by the Mamlatdar and the same shall bear his seal. The cash
book shall be maintained regularly by Treasurer and it shall be countersigned by the
Chairman every month.
The Treasurer shall issue receipts for all amount received on behalf of the Association.
The receipt shall be in Form VI appended to these rules. All payments
out of the funds of the Association exceeding Rs. 50/- shall be made through cheques.
2[“The Mamlatdar, the Chairman and the Treasurer shall jointly operate an account
opened in the name of the Association in the local branch of any scheduled bank or such
other bank which the Mamlatdar may approve provided that, for withdrawal of an amount
not exceeding Rs. 5000/-, the signature of the Mamlatdar shall not be necessary.”] Before
an account is opened, the Mamlatdar shall certify the names of the office bearers who are
authorised to operate the Bank account. In the event of a person authorised to operate the
account by the Mamlatdar ceasing to be an office bearer of the Association the
Mamlatdar shall authorise another office bearer to operate the account. The certificate so
issued shall be conclusive proof for the Bank to allow the operation of the Account of the
1 Sub-rule (15) substituted by (Amendment) Rules, 1999 (0. G. Series I No. 45 dated 10-2-1999 - Supplement). Earlier the
same was substituted by (Amendment) Rules, 1991 (Vide page 207). The original sub-rule (15) reads as follows:
“(15) If the Mamlatdar after due enquiry is satisfied that the Managing Committee has failed to discharge the duties or
has abused the powers or has done any acts which are harmful to the agricultural land, he shall dissolve the Managing
Committee and appoint an ad hoc Managing Committee to look after all the duties and exercise all the powers of the
Managing Committee, till the new Committee takes charge:
Provided that such an ad hoc Managing Committee shall continue to function till a new Managing Committee is
constituted in accordance with the provisions of sub-rule (1) or till the expiry of six months from the date of its
constitution whichever is earlier."
2 This expression has been substituted for the expression. “The Mamlatdar, the Chairman and the Treasurer shall jointly
operate an account, opened in the name of the Association in the local branch of any Scheduled Bank or such other bank
which the Mamlatdar may approve” by (Amendment) Rules, 2000 (Official Gazette, Series I No. 6 dated 16-5-2000
Extraodrinary 4).
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Association. The accounts maintained by the Managing Committee shall be open for
inspection by the members of the Association. The objections received shall be duly
preserved and put up in the General Body meeting after they have been considered by the
Managing Committee.
(2) As soon as the list of the members is finalised each member shall pay Rs. 10/- as
enrolment fee to the Association and subsequently a regular contribution of Rs. 10/- per
year will be payable by each member. The contribution shall be paid between 1st April to
30th April of each year. Any sum due from a member under this sub-rule may be, on an
application made by the Chairman, recovered by the Mamlatdar as if it were an arrear of
land revenue.
(3) The income accrued from the lease of fishing rights at the sluice-gate, lease of trees
and from contribution received from members, shall be spent mainly for the maintainance
and repairs of the bunds. If the bunds so collected fall short of the requirement, the
Managing Committee may request the members to pay additional contribution in accor-
dance with the requirements. The additional contribution shall be payable in proportion
on the basis of the area of the holding cultivated by each member. All the holdings
cultivated by one member shall be taken together for the purpose of calculation of the
contribution. If the payments have not been made by the members either towards annual
contribution or in respect of additional contribution within the specified time limit, an
interest at the rate of 12% shall be charged from the defaulting members. The Treasurer
shall deposit the amount recovered by him immediately in the Bank account of the
Association. 1[“The Government shall have the first charge on the income accrued from
the lease of fishing rights at the sluice-gate.”]
8. Procedure for Lease of Fishing Rights and Trees on Bunds.— (1) The fishing
rights on the sluice-gates shall be leased by public auction for a period of one year at a
time to the highest bidder. For the purpose of auction at least 15 days prior to the date of
auction a notice in Form VII appended to these rules shall be displayed at the places
where the notices for meetings ordinarily displayed. The date of auction shall be informed
to the Mamlatdar also and the Mamlatdar shall either personally supervise or depute a
representative to supervise the auction. The auction shall be held in the third week of
December every year and the period of one year shall be commuted from 1st of January.
A panchanama will be recorded on the site and signatures of all the office bearers of the
Managing Committee, the Mamlatdar or his representative and the lessee shall be
obtained on the Panchanama. The highest bidder shall deposit on the spot amount equal to
25% of the auction bid with the Managing Committee which shall be treated as Security
Deposit and can be forfeited to the Association in case there is any breach of conditions
of the contract. The auction amount shall be paid in four instalments payable on the 10th
of January, 10th of April, 10th of July and 10th of October. An agreement in Form III
appended to the rules shall be executed between the lessee and the Chairman of the
Managing Committee in the presence of the Mamlatdar.
(2) The provisions relating to auction of fishing rights as contained in sub-rule (1) shall
mutatis mutandis apply to leasing of trees on the bunds.
1 'These words have been inserted by (Amendment) Rules, 1999 (Official Gazette, Series I, No. 45 dated 10-2-1999
Supplement).
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(3) If any complaint is received by the Mamlatdar or if a report is made to him to the
effect that the person to whom the right to the fishing has been auctioned by the
Managing Committee is abusing the powers or doing acts which are harmful to the
agricultural lands, the Mamlatdar, on being satisfied after a summary enquiry, may
terminate the right of fishing of such person forthwith without prejudice to such other
auction which the Managing Committee may have against him.
(4) If in the opinion of the Mamlatdar any person is unauthorisedly exercising the
rights of fishing, it shall be lawful for the Mamlatdar to summarily evict such person in
the manner provided in sub-rule (5).
(5) The Mamlatdar shall serve a notice on such person requiring him within such time
as may appear reasonable to stop the illegal fishing. If the person concerned continues
illegal fishing, he shall be liable to be physically evicted by the Mamlatdar and further
liable for action under any other law.
9. Execution of works of repairs, etc.— (1) The Managing Committee shall
undertake the works of immediate repairs and maintenance. There will be no auction or
agreement for the execution of works. The works shall be undertaken within 24 hours by
the Managing Committee directly to the extent of 1[“Rs. 5000”] under intimation to the
Soil Conservation Division and the Mamlatdar concerned at the earliest but not later than
24 hours.
(2) All the works, the estimated cost of which exceeds 2[“Rs. 5000”] shall be executed
through the Soil Conservation Division. The Director of Agriculture will have powers to
get the works executed directly to the extent of 3[Rs. 10,000/-] through the Soil
Conservation Division and further to the extent of 4[Rs. 20,000/-] with the prior approval
of the Development Commissioner. The Managing Committee shall report the matter
immediately to the Soil Conservation Division and the Division shall takes immediate
steps to get the work executed. The cost of such repairs shall be shared according to the
rules in force and the Managing Committee shall contribute towards the cost in advance
as per decisions of the Mamlatdar on the basis of details furnished by the Soil
Conservation Division.
3[“(2A) If the Director of Agriculture or the In-charge of Soil Conservation Division
(Executive Engineer) fails to convey his readiness to execute the work of urgent nature,
namely ruptures and breaches to the bunds within ten days and in other cases, within
thirty days from the date of report by the Managing Committee, the Managing Committee
may carry out the work under intimation to the Soil Conservartion Division and the
Mamlatdar concerned.”]
“1 These letters and figures in sub-section (1) have been substituted for the letters and figures “Rs. 500/-” by (Amendment)
Rules, 2000 (O. G. Series I No. 6 dated 16-5-2000 Extraordinary 4).
2, 3, 4 In sub-section (2) these letters and figures have respectively been substituted for the letters and figures “Rs. 500/-”,
“Rs. 5,000/-” and “Rs. 10,000/-”, Ibid. Earlier they have been amended by First Amendment Rules, 1979. (0. G. Series I
No. 51 dated 22-3-1979).
3 In sub-rule (2A) inserted by (Amendment) Rules, 1999 (O. G. Series I No. 45 dated 10-2-1999) (Supplement).
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(3) If any Managing Committee does not agree to the executions of the works, the
Chairman after examining the grounds of opposition or objection, shall submit the file to
the Soil Conservation Division for their decision and the decision of the Soil
Conservation Division shall be final.
(4) The Mamlatdar, if he so desires, may inspect the work any time for his own
satisfaction.
10. Powers of the Mamlatdar.— The Mamlatdar shall have full power to take
necessary action on the matters which have not been specifically provided in these rules
in connection with the discharge of joint responsibility by the tenants.
11. Financial Assistance from Government.— Any Association constituted under
these Rules may, subject to availability of funds, get the contribution from the
Government towards the cost of repairs to bunds on the same terms and conditions as
specified in Rule 12-A of the Goa, Daman and Diu Agricultural Tenancy
(Fifth Amendment) Rules, 1968 as amended from time to time.
_______
FORM I
[See Rule 3(2)]
Application for Registration
To
The Mamlatdar,
…………….....
Sir,
We the undersigned tenants cultivating the land protected by the bund known as ..... situated at
village .... Taluka .... request that we desire to form an Association for discharging the joint
responsibility of tenants as per provisions of Section 42-A of the Goa, Daman and Diu
Agricultural Tenancy Act, 1964 and, therefore, we request that our Association may be duly
registered and a certificate of recognization may be issued. A list of tenants is enclosed herewith.
The Office of our Association shall be situated in the village of ...
Signature of the applicants
________
FORM II
[See Rule 3(2)]
I hereby certify that the (name of the association) has been registered at Sr. No. ... of the
register in my Office and the same has been recognised by me. The registered Officer of the
Association shall be in the...
Seal Signature of the Mamlatdar
Manual of Goa Law (Vol. I) – 346 – Agricultural Tenancy Act & Rules
FORM III
[See Rule 3(3)]
List of the Members of the Association
Name of the Association
Name of the bund/bunds
Village
Taluka
Sr. No.
Name of the
member
Name of the fields
Area in sq. mts.
Total area held
by a member
Remarks
1 2 3 4 5 6
_______
FORM IV
[See Rule 4 (2)]
To
All members of the Association.
Notice is hereby given that a meeting of the …………... will be held on ………… at ……..
a.m./p.m. in the ……..… for consideration of the following items on Agenda.
1.
2.
3.
4.
Seal Signature of the Chairman/Mamlatdar
________
FORM V
[See Rule 7 (1)]
Cash Book
For the year 19.... 19...
Receipt Date Particulars (full details with reference to
etc.) any receipt
Amount Total Classification Date
1 2 3 4 5 6
Expenditure Particulars (full details of
claims scheme)
Amount Total Classification
Signature of the person
writing the cash book
Signature of the
Chairman
7 8 9 10 11 12
Countersigned by Chairman
Manual of Goa Law (Vol. I) – 347 – Agricultural Tenancy Act & Rules
FORM VI
[See Rule 7 (1)]
Receipt
Receipt Book No. Receipt No.
The .................................
Received with thanks from
Rupees ……………….( )
on account of ……….….
Date ...............................
Reference to cash entry
Book
Page No. Treasurer
Instructions covering the use of Form:–
(a) Each Receipt Book shall have a Serial number and each receipt which shall be in
duplicate for use with carbon paper, shall have a serial number within the book. Both book
number and receipt number shall be machine numbered on each receipt, whether original or
duplicate.
(b) The Seal of the Association shall be affixed to each Receipt before it is issued. The
Carbon copy shall be retained and the original issued.
________
FORM VII
[See Rule 8 (1)]
Form of Notice for auction of fishing right/right to trees
Public Notice is hereby given that the auction for the fishing rights on the sluice gate/right to
Trees on the bund ... shall take place on ... in the Office of the ... subject to the conditions
mentioned below:—
Persons intending to offer bids are requested to remain present on the ………. above date, time
and place.
Conditions: (to be put by the Managing Committee).
1.
2.
3.
4.
(Signature of the Chairman)
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FORM VIII
[See Rule 8 (1)]
Form of lease Agreement for fruit bearing trees and fishing rights in sluice gates
This agreement made on the ... day of .... one thousand nine hundred and ... between the
Tenants Association ... represented by its Chairman (hereinafter called as “lessor”) of the one part
and Shri... son of... aged.... resident of.... (give address and occupation) hereinafter referred to as
the “lessee” which expression shall where the context so admits be deemed to include his heir,
executors, successors, administrators, representatives and permitted assignees).
Whereas lessor is possessed of the rights of fishing in the vicinity of the sluice gate/trees on the
bund named .... situated at .... in the village of .... Taluka ... district of ...
Whereas the lessee being highest bidder has agreed to accept fishing rights/rights of trees on
lease basis.
And whereas the lessor has agreed to grant the said fishing rights/right of trees and the same is
accepted by the lessee.
Now this indenture witnesses that in consideration of yearly rent as... payable annually towards
the lease hereby described and in consideration of the terms and conditions mentioned hereunder,
the lessor hereby conveys by way of lease the fishing rights/right to trees for a period commencing
on ... and ending on ... for the purpose and subject to the terms and conditions set forth below.
1. The lessee take every precaution to prevent saline water from entering the fields and shall not
do any acts prejudicial to the paddy fields.
2. The lessee shall be held reponsible for any damage caused to the said sluice gate/tree which
may not be due to natural cause and the loss sustained by the lessor shall be recovered from lessee
as per assessment of the Mamlatdar.
3. The lessee shall permit the lessor or his agents at all reasonable time to enter the said sluice
gate for the purpose of examining the state and condition of the said sluice gate and the
agricultural fields thereunder.
4. The lessee shall carry out all repairs to the sluice gate and shall maintain the same in proper
condition.
5. If the lessee commits breach of any of the conditions of these presents, then without
prejudice to any other remedy open to the lessor, the lessor may terminate this lease and the lessee
shall be liable to the penalty to be imposed by the Mamlatdar.
6. The lessor or the lessee shall be at liberty to determine the lease on giving notice of 30 days
advance in writing of its intention to do so.
7. Any sum recoverable from the lessee under this present shall be recovered as arrear of land
revenue.
8. Lease is subject to the provisions of the Goa, Daman and Diu Agricultural Tenancy Act,
1964 and rules framed thereunder.
9. The ... agrees to incur the expenditure on account of stamp duty payable on these presents.
10. The annual rent reserved under clause 1 shall be paid by the lessee on or before such date as
may be specified by the lessor failing which it shall bear simple interest at the rate of 8¼ per cent
p. a. after the due date.
Manual of Goa Law (Vol. I) – 349 – Agricultural Tenancy Act & Rules
SCHEDULE
In witness of the due execution of this agreement the parties have hereunder set their hands and
seals the day and year first above written.
Signed, sealed and delivered by Shri ... Chairman of the ... Association.
Witnesses:
1)
2)
Signed and delivered by
1)
for and on behalf of the lessee.
in the presence of:
1)
2)
By order and in the name of the Administrator of Goa, Daman and Diu.
S. R. Arya, Secretary (Revenue).
Panaji, 19th July, 1975.
(Published in the Official Gazette Series I No. 18 dated 31-7-1975).
__________
Directives to be followed by tenants in cultivating lands held by them
Revenue Department
___
Order
RD/TNC/RLS/61/69-75
In pursuance of the provisions to Rule 15A of the Goa, Daman and Diu Agricultural
Tenancy Rules, 1965, the Government is hereby pleased to issue directives on the
following matters for being implemented and followed by the tenants in cultivating the
lands held by them:—
(i) The fields to be cultivated shall be properly levelled, devoid of stubbles and
ploughed and brought to a fine tilth. The fields shall also be sub-divided into
convenient plots surrounded by bunds for even distribution of water and also
preventing washing away of inputs. These operations shall be conducted before the
actual sowing operations are taken up.
ii) (a) In Kher and Khazan lands (not subject to saline water inundation) and where
cultivation of paddy is undertaken by ‘Xelli’ methods, the fields shall be ploughed
immediately after the harvest of the previous crop and the side bunds shall be
strengthened before the actual sowing of the crop is taken up.
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In case of Khazan lands marginal to river banks and subject to inundation of saline
water, preliminaries of cultivation such as ploughing or digging, desilting of drains,
maintenance and repairs to the protective bunds, shall be completed, latest by the end
of May to ensure better de-salinization of field with the first monsoon showers and to
prevent wind and water erosion.
In case of morod lands, the proper tillage shall be initiated as soon as the monsoon
sets in i.e. within 15 days from the date of onset of monsoon, so as to prevent any
excess of water to be lost by surface run-off.
The pudding operation shall be carried out when paddy is sown by ‘row’
(germinated seeds) method or by transplanted crop method:
(b) For other seasonal crops such as vegetables, pulses oil-seeds etc. the land
shall be ploughed soon after the harvest of the previous crop when there is moisture
in the soil, so as to ensure a fine tilth required for a good seed bed.
However, the minimum number of ploughing and harrowings, to be attained
before sowing of any of the above crops, shall not less than three.
iii) The directive stipulated in item (ii) above shall invariably be adopted to
eradicate weeds and shrubs. However, in low lying areas where humidity prevails
removal of weeds shall be under taken either by hand picking (manual labour) or by
application of weedicides in consultation with the Zonal Agricultural Officer of the
respective area.
iv) (a) For paddy— Depending upon the nature of topography of the soil, the
following varieties of crops of such other varieties as may be recommended by the
Diretorate of Agriculture as may be recommended by the Directorate of Agriculture
from time to time, shall be raised namely:—
1) In ‘morod’ and Kher areas with limited supply or irrigation facilities-short
duration crop.
2) In Kher areas with adequate water facilities and low-lying areas medium and
long duration crop;
3) Tank bed areas sown during kharif season short duration crop;
4) In low lying areas subjected to prolonged flood— flood resistant variety;
5) Saline areas — salt resistant varieties.
b) For seasonal crops— For other seasonal crops, such as vegetables, oilseeds
and pulses, any variety suitable for a particular area shall be raised, depending upon
the season, availability of reserves and irrigation facilities.
v) Seeds shall necessarily be treated before sowing by using such organic
mercurial compounds as may be recommended by the Directorate of Agriculture.
vi) Dates for closing and opening of bandharas, tanks and weirs shall be earmarked
in consultation with the Zonal Agricultural Officer of the area. The above operation
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shall be undertaken under the supervision of a person nominated by the Village
Panchayat of the area.
vii) The drainage and irrigation channels shall be maintained in good condition well
in advance of the cropping season i.e. by the end of April for Kharif crop and by the
end of October for Rabi crop; the above activity shall be accomplished under the
supervision of the Rural Engineer of the area.
viii) The beds and channels, rivulets, rivers etc. shall in no case, be used for
cultivation purposes to avoid silting of water course and obstruction to free flow of
water.
ix) Only shallow rooted crops as may be recommended by the Directorate of
Agriculture shall be allowed to be raided on bunds, embankments, during kharif season
and after the harvest of the crop the stubbles shall be covered by a layer of clay known
as ‘thor’ and ‘hupto’ which will strengthen the bund.
By order and in the name of the Administrator of Goa, Daman and Diu.
N. Rajasekhar, Under Secretary (Revenue).
Panaji, 13th June, 1975.
(Published in the Official Gazette, Series II No. 12 dated 19-6-1975).
________
The Goa, Daman and Diu Agricultural Tenancy
(Special Rights and Privileges of Tenants) Rules, 1977
Revenue Department
___
Notification
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:—
Manual of Goa Law (Vol. I) – 352 – Agricultural Tenancy Act & Rules
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
1[…] 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;
1 The words “in the village by beat of drum and” have been omitted by Amendment Rules, 1991 (vide Notification No.
36/6/90-RD dated 3-10-1991 at page 153).
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(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.
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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.
Dated ……….
To: …….
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,
Manual of Goa Law (Vol. I) – 355 – Agricultural Tenancy Act & Rules
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 ... Signature
Date ... 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.
1[SCHEDULE
Revenue Place of hearing Date Time
Village
Place ........ Signature
Date ........ Mamlatdar of ...............]
By order and in the name of the Administrator of Goa, Daman and Diu.
V. V. Mongia, Secretary (Revenue).
Panaji, 16th January, 1978.
(Published in the Official Gazette No. 42, Series I, dated 19-1-1978).
1 Substituted by Notification No. 1/1/93-RD dt. 28-12-1993- (See Appendix pg. 209).
Manual of Goa Law (Vol. I) – 356 – Agricultural Tenancy Act & Rules
Revenue Department
___
ORDER
GAD/74/62/13598
Whereas the rents of the paddy fields belonging to “Comunidades” and “Mazanias”
and leased by public auction have, in many cases, exceeded a just and equitable ceiling.
And whereas it is necessary and expedient to give relief to the direct cultivator in
relation to the rents payable by him so that such rents do not exceed 50% of the average
annual produce.
Now, therefore, in exercise of the powers conferred upon me by clause 2 of the Goa,
Daman and Diu (Administration) Removal of Difficulties Order, 1962, and
notwithstanding anything contained in any law for the time being in force within this
Territory I hereby make the following Order:
In all cases in which the annual rent of paddy field belonging to the “Comunidades” or
“Mazanias” exceeds 50% of the assessment as per the schedule of assessment (calculo)
already made according to law, the “Comunidade” or “Mazanias” as the case may be,
shall not collect any rent in excess of 50% of the annual gross produce as per assessment.
THE LIEUTENANT GOVERNOR,
Panjim, 12th September, 1962. T. Sivasankar.
(Published in the Govt. Gazette, Series I, No. 31 dated 13-9-1962).
_________
ORDER
GAD/74/62/15250
In exercise of the powers conferred upon me by clause 2 of the Goa, Daman and Diu
(Administration) Removal of Difficulties Order, 1962 and notwithstanding any law or
contract to the contrary now in force in this territory I hereby order that the rent
recoverable by any landlord in respect of paddy field either in cash or in kind shall not
exceed one half of the total produce of the paddy field.
The Lieutenant Governor,
T. Sivasankar.
Panjim, 9th October, 1962.
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ORDER
GAD/74/62/15251
Whereas the rents of the paddy fields exceeded a just and equitable ceiling.
And whereas it is necessary and expedient to give relief to the direct cultivator in
regard to the rents payable by him so that such rents do not exceed 50% of the annual
gross produce.
Now therefore, in exercise of the powers conferred upon me by clause 2 of the Goa,
Daman and Diu (Administration) Removal of Difficulties Order, 1962, and
notwithstanding anything contained in any law for time being in force within this
Territory, I hereby make the following Order:
1. In all cases in which annual rent of a paddy field exceeds 50% of the gross produce
the owner of the field shall not collect any rent in excess of 50% of the gross produce.
2. In cases of doubt regarding the gross produce of any field the gross produce of the
field shall be fixed by the common accord of the owner and the tenant and in case of
disagreement between them the gross produce shall be fixed by the “Administrador do
Concelho” whose decision on the dispute shall be final.
1[3. All tenants of paddy fields shall be entitled to a reduction of 20% in the rent
payable by them to the landlord whether it is paid in cash or in kind].
The Lieutenant Governor,
T. Sivasankar.
Panjim, 9th October, 1962.
(Published in the Govt. Gazette, Series I No. 34 dated 11-10-1962).
________
ORDER
GAD/74/62/17288
Whereas the economic stability of the cultivator and his continuity in tenancy of the
lands under his cultivation will contribute to an increase in agricultural production and
whereas the maintainance of such stability and continuity raises in the Territory of Goa
instant agrarian problems which require a careful study by a committee of experts to be
appointed in due course and whereas it is necessary to take urgent steps to prevent for the
time being the arbitrary eviction of tenants by the landlords.
Now therefor, exercise of the powers conferred by the Goa, Daman and Diu
(Administration) Removal of Difficulties Order, 1962 and notwithstanding anything to
the contrary contained in any law for the time being in force in this Territory I hereby
Order as follows:
1 Substituted by Order dated 10-11-1962, published in the Government Gazette, Series I No. 42 dated 13-12-1962.
Manual of Goa Law (Vol. I) – 358 – Agricultural Tenancy Act & Rules
1. Definition.— In this order unless the context otherwise requires the word “tenancy”
shall mean and include “parceria agricola” as defined by article 1299 of the Portuguese
Civil Code.
2. No tenant shall be evicted from the land under his cultivation merely on the ground
that his tenancy in respect of the said land has expired by the efflux of time.
3. No surrender or relinquishment of any tenancy shall be valid unless it is made in
writing before the “Administrador do Concelho” within whose jurisdiction the subject
matter of the tenancy lies. Such surrender or relinquishment shall state the reasons why
the surrender or relinquishment is made.
4. This order shall apply only to leases in respect of paddy fields and areca groves
valid and subsisting on or after the 1st July, 1962 and shall apply to suits in respect of
such lease filed or pending on or after the 1st July, 1962 and to those filed hereafter.
5. This order shall be in force for one year from the date of its publication.
The Lieutenant Governor,
T. Sivasankar.
Panjim, 6th November, 1962.
(Published in the Govt. Gazette, Series I No. 37 dated 8-11-1962).
________________________________________________________________________
This Order stands cancelled by Order No. GAD-74-62-dated 15-11-1962 and substituted by Order
No. GAD/74/62/17288 dated 14-11-1962. (Vide Govt. Gazette, Series I No. 30 dated 15-11-1962).
_______
Secretariat
ORDER
GAD-74/62
The Order No. GAD/74/62/17288 dated 6th November, 1962, published
in the Gazette No. 37, Series I, dated 8th November, 1962 should be treated
as cancelled and substituted by the Order No. GAD/74/62/17288 dated 14th
November, 1962.
By order and in the name of the Lieutenant Governor of Goa, Daman and Diu.
A. U. Desai, Additional Civil Administrator, GAD.
Panjim, 15th November, 1962.
Manual of Goa Law (Vol. I) – 359 – Agricultural Tenancy Act & Rules
Order
GAD/74/62/17288
Whereas the economic stability of the cultivator and his continuity in the tenancy of
the lands under his cultivation will contribute to an increase in agricultural production
and whereas the maintenance of such stability and continuity raises in the territory of Goa
instant agrarian problems which require a careful study by committee of experts to be
appointed in due course and whereas it is necessary to take urgent steps to prevent for the
time being the arbitrary eviction of tenants by the landlords.
Now therefore, in exercise of the powers conferred by the Goa, Daman and Diu
(Administration) Removal of Difficulties Order, 1962, and notwithstanding anything to
the contrary contained in any law for the time being in force in this territory I hereby
order as follows:
1. Definition.— In this order unless the context otherwise requires the word “tenancy”
shall mean and include “parceria agricola” as defined by article 1299 of the Portuguese
Civil Code.
2. No tenant shall be evicted from the land under his cultivation merely on the ground
that his tenancy in respect of the said land has expired by the efflux of time:
Provided always that this order shall in no way affect the right of the landlord to evict
the tenant on account of the non-payment of rent or causing damage to property or for
any other lawful reason.
3. No surrender or relinquishment of any tenancy shall be valid unless it is made in
writing before the “Administrador do Concelho” within whose jurisdiction the subject
matter of tenancy lies. Such surrender or relinquishment shall state the reasons why the
surrender or relinquishment is made.
**4. This order shall apply only to leases in respect of paddy fields and areca groves
valid and subsisting on or after the 1st July, 1962 and shall apply to suits in respect of
such leases filed or pending on or after the 1st July,1962 and to those filed hereafter.
5. This order shall be in force for one year from the date of its publication.
The Lieutenant Governor,
T. Sivasankar.
Panjim, 14th November, 1962.
(Published in the Govt. Gazette, Series I No. 38 dated 15-11-1962).
Manual of Goa Law (Vol. I) – 360 – Agricultural Tenancy Act & Rules
Order
In its application to Diu, clause 4 of the Order No. GAD/74/62/17288 dated the 14th
November, 1962 is hereby amended and shall read as follows:
4. This order shall apply only to leases valid and subsisting on or after the 1st July,
1962 and shall apply to suits in respect of such leases filed or pending on or after the
1st July, 1962 and to those filed hereafter.
The Lieutenant Governor,
T. Sivasankar.
Panjim, 9th January, 1963.
(Published in the Govt. Gazette, Series I No. 5 dated 31-1-1963).
_________
ORDER
GAD-74-63/25075
In exercise of powers conferred by the Goa, Daman and Diu (Administration) Removal
of Difficulties Order, 1962 and notwithstanding anything to the contrary contained in any
law for the time being in force in this Territory, the Lieutenant Governor hereby orders
that Order No. GAD/74/62/17288, dated the 14th November, 1962 published in the
Government Gazette, No. 38, Series I, dated the 15th November, 1962 shall remain in
force till the 15th May, 1964.
By order and in the name of the Lieutenant Governor of Goa, Daman and Diu.
P. J. Fernandes,
Chief Secretary.
Panjim, 1lth November, 1963.
(Published in the Govt. Gazette, Series 1 No.45 dated 14-11-1963).
_______
ORDER
GAD-74-64/13740
In exercise of powers conferred by the Goa, Daman and Diu (Administration)
Removal of Difficulties Order, 1962 and notwithstanding anything to the contrary
contained in any law for the time being in force in this Territory, the Lieutenant Governor
hereby orders that Order No. GAD/74/62/17288 dated 14th November, 1962 published in
the Government Gazette No. 38, Series I dated the 15th November, 1962 shall remain in
force till the 15th November, 1964.
The Lieutenant Governor,
M. R. Sachdev.
Panjim, 22nd May, 1964.
[Published in the Government Gazette (Supplement), Series I, No. 21 dated 22-5-1964].
Manual of Goa Law (Vol. I) – 361 – Agricultural Tenancy Act & Rules
ORDER
Whereas the tenants of paddy fields belonging to the Comunidades which were leased
at the time when the last public auction of the fields of Comunidade took place for the
current period of six years had, by virtue of article 294 clause 6 of the "Codigo das
Comunidades" a preferential right to such paddy fields.
And whereas such right was lost to some tenants because of undue increase in rent.
And whereas the right of the direct cultivator who has tilled the land for three
successive years immediately preceding the said auction must be protected.
An whereas by the Order No. GAD/74/62/13598 dated 12th September, 1962 the rent
of the paddy fields was fixed at half the value of the produce of the paddy field as per the
respective assessment (calculo).
Now therefore, in exercise of the powers conferred by the Goa, Daman and Diu
(Administration) Removal of Difficulties Order, 1962, and notwithstanding anything to
the contrary contained in any law for the time being in force, in this Territory, I hereby
order as follows:
1. The option referred to in para 6 of article 294 of the “Codigo das Comunidades”
may be exercised in relation to the plots leased under the said article 294, within the
period of 45 days from the date of the publication of this Order.
[*]
2. Any tenant exercising his preferential rights under clause 1 shall do so by an
application made in this behalf to the Administrador das Comunidades within 45 days
from the publication of this Order in the Government Gazette.
3. Tenants exercising the preferential right under this Order may take over possession
of the paddy field in respect of which such right is exercised forthwith. Provided that in
case of fields bearing two or more crops the tenant who ceases his tenancy shall hand
over possession of the field by 30th April, 1963.
The Lieutenant Governor,
T. Sivasankar.
Panjim, 5th March, 1963.
(Published in the Government Gazette, Series I No. 11 dated 14-3-1963).
________
ORDER
Whereas by the Order dated the 5th March, 1963, published in the Government
Gazette, Series I dated the 14th March, 1963, persons who were in the tenancy of the
paddy fields belonging to Comunidades were given preferential right (direito de opçâo)
under article 294 of the “Codigo das Comunidades” in respect of the paddy fields of
Manual of Goa Law (Vol. I) – 362 – Agricultural Tenancy Act & Rules
which they were the tenants and whereas the exercise of the rights given under the
said Order dated the 5th March, 1963 will operate harshly against the present lease
holders who have no other land under their cultivation and who were cultivating the lands
presently under their tenancy, in previous years for a longer period that the persons
cultivating them in the year mentioned as “last year” in the said article 294. Now
therefore, in exercise of powers conferred by the Goa, Daman and Diu (Administration)
Removal of Difficulties Order, 1962 I hereby order that the following proviso shall be
added to clause 1 of the said Order dated the 5th March, 1963 published in the
Government Gazette dated 14th March, 1963.
"Provided that in case the existing tenant does not have any other land for cultivation
or has cultivated the land in respect of which the right of option is given to any other
person under clause 1 above, for a period of at least six years after the year 1949, such
tenant shall be entitled to retain 50% of the land now held by him, the other 50% being
given to the previous tenant exercising his preferential right under clause 1 above".
P. J. Fernandes,
Administrator of Goa, Daman and Diu.
Panjim, 9th April, 1963.
[Published in the Government Gazette (Suppl.), Series I No.17 dated 29-4-1963].
_________
ORDER
L. D. 125/65
In exercise of the powers conferred by clause 22 of the Goa, Daman and Diu
(Administration) Removal of Difficulties Order, 1962 and all other powers enabling in
that behalf, I hereby order as follows:
(a) This order shall be called the Protection of Rights of Tenants (Cashewnuts and
Arecanuts) Order, 1965.
(b) It shall come into force at once.
2. In this order, unless the context otherwise requires, “tenant” shall have the same
meaning as in the Goa, Daman and Diu Agricultural Tenancy Act, 1964 as if that
definition applied to persons holding a lease of arecanut or cashewnut gardens and
"landlord" shall be construed accordingly.
3. (1) Notwithstanding any contract or agreement to the contrary, the tenancy of any
person in respect of any arecanut or cashewnut garden shall not be terminated by the
landlord, save as provided in sub-paragraph (2).
(2) The landlord may seek to evict a tenant on account of non-payment of rent or for
causing damage to property, by presenting an application in that behalf to the Mamlatdar
and may evict a tenant after obtaining orders thereon.
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4. No surrender or relinquishment of any right of tenancy shall be valid unless it is
approved by the Mamlatdar in writing.
5. In the matter of rent payable by the tenant to landlord in respect of any cashewnut or
arecanut garden, the position obtaining immediately before the issue of this order, shall
continue.
The Lieutenant Governor,
K. R. Damle.
Panjim, 31st March, 1965.
[Published in the Government Gazette (Suppl.), Series I No. 1 dated 3-4-1965].
_______
Legislative Assembly of Goa, Daman and Diu
Legislature Department
___
Notification
LA/A/7/2029/71
The following Act passed by the Legislative Assembly of Goa, Daman and Diu
received the Assent of the President of India on the 2nd October, 1971 and is hereby
published for general information.
____
The Goa, Daman and Diu Protection of Rights of Tenants
(Cashewnut and Arecanut Gardens) Act, 1971*
[Act No. 11 of 1971] (2nd October, 1971)
An
Act
to provide for the protection from eviction of tenants of cashewnut and arecanut gardens
and for matters connected therewith.
Be it enacted by the Legislative Assembly of Goa, Daman and Diu in the
Twenty-second Year of the Republic of India as follows:—
1. Short title, extent, commencement and duration.— (1) This Act may be called
the Goa, Daman and Diu Protection of Rights of Tenants (Cashewnut and Arecanut
Gardens) Act, 1971.
(2) It extends to the whole of the Union Territory of Goa, Daman and Diu.
(3) It shall come into force at once.
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(4) It shall remain in force for a period of 1[six years].
2. Definitions.— In this Act, unless the context otherwise requires,—
(a) “appointed day” means the 11th July, 1969;
(b) “landlord” means a person from whom a tenant holds an arecanut or cashewnut
garden on lease on the appointed day.
(c) “Mamlatdar” has the meaning assigned to it in clause (c) of section 2 of the Goa,
Daman and Diu Mamlatdar’s Court Act, 1966; (9 of 1966);
(d) “tenant” means a person who, on the appointed day, holds an arecanut or
cashewnut garden on lease:
Provided that, if any such garden is held by a person on sub-lease, such person, and
not the lessee, shall be deemed to be the tenant for the purposes of this Act.
(e) “garden” means a land where arecanut or cashewnut trees are grown;
(f) “rent” means any consideration in money or kind or both, paid or payable by the
tenant on account of his right to tend the garden and collect the fruits thereof.
3. Grounds of eviction and restoration of possession.— (1) Notwithstanding
anything to the contrary contained in any other law for the time being in force or in any
contract or a decree or order of any court, a tenant shall not be liable to eviction save as
provided in sub-section (2).
(2) A landlord may apply in writing to the Mamlatdar for the eviction of his tenant on
the ground of causing damage to the garden on lease or for non-payment of rent within
sixty days from the date on which the rent is due under the terms of the tenancy:
Provided that no order of eviction on the ground of non-payment of rent shall be made
if the tenant deposits with the Mamlatdar at any stage of the proceedings for eviction, the
rent due, or if the rent is payable in kind, its market value on the date of deposit, together
with cost of the application and other cost, if any, to be determined by the Mamlatdar.
(3) Any tenant who has been evicted from the garden on lease at any time on or after
the appointed day, may, within six months of the commencement of this Act, or of the
date of his eviction, whichever is later, on grounds other than the ones mentioned in
sub-section (2), make an application in writing to the Mamlatdar for restoration of
possession:
Provided that, in case of gardens leased on or after the appointed day but before the
28th February, 1971, the restoration of possession shall take place on the 1st March, 1972.
(4) The Mamlatdar shall, on receipt of an application under sub-section (2) or
sub-section (3) make such inquiries as he may consider necessary in respect of such
application and make an order disposing of the same.
1 These words were substituted for the words “four years” by G. D. D. 20 of 1975 S. 2 (Official Gazette, Series I No. 32
dated 6-11-1975). Earlier, the words “four years” have been substituted for the words “two years” by G. D. D. 14 of
1973 S. 2 [Official Gazette (Extraordinary), Series I No. 26 dated 29-9-1973].
* This Act stands repealed by (Amendment) Act 17 of 1976 w.e.f. 8-10-1976 (O. G., Series I No. 29 dated 14-10-1976).
Manual of Goa Law (Vol. I) – 365 – Agricultural Tenancy Act & Rules
(5) No order of disposal shall be made by the Mamlatdar under sub-section (2) or (4)
unless the party against whom the order is proposed to be passed has been given an
opportunity of being heard in the matter.
4. Mamlatdar to decide whether a person is a tenant.— (1) If in any proceedings
before a Civil Court, a question arises as to whether a person is or is not a tenant within
the meaning of this Act, such Court shall refer the said question to the Mamlatdar for his
decision.
(2) Every decision or order made by the Mamlatdar under sub-section (1) or under
sub-section ( ) of section 3 shall be subject to the revision of the Collector under
sub-section (2) of section 22 of the Goa, Daman and Diu Mamlatdar’s Court Act, 1966,
(9 of 1966) as if such a decision or order had been made in a suit or proceeding under that
Act, subject to the condition that revision application under this Act shall be filed within
thirty days from the date of the decision or order as aforesaid.
(3) Every decision or order made by the Mamlatdar under this Act shall, subject to any
orders that may be passed by the Collector under sub-section (2), be final.
(4) Every order made by the Mamlatdar under this Act shall be executed as if it had
been made under the Goa, Daman and Diu Mamlatdar’s Court Act, 1966 (9 of 1966).
5. Bar of Jurisdiction.— No Civil Court shall have jurisdiction to entertain, decide or
deal with any question which is to be decided by the Mamlatdar under this Act.
6. Bar on appearance by Pleaders.— Notwithstanding anything contained in this Act
or any law for the time being in force, no pleader shall be entitled to appear on behalf of
any party in any proceedings under this Act before the Mamlatdar or the Collector:
Provided that the Mamlatdar or the Collector may, in the interest of justice and for
reasons to be recorded in writing, allow the parties to be represented at their own cost by
a pleader:
Provided further that if any officer of Government is appointed or declared by a
competent court or is authorized under any law for the time being in force as a guardian,
administrator or manager of the property of a person who is under a legal disability or is
incompetent or unable to manage or to act, such officer shall be entitled to appear through
a representative authorized by him in writing in this behalf in any proceedings before the
Mamlatdar or the Collector.
Explanation.— For the purpose of this section the expression “pleader” includes an
advocate, Vakil or any other legal practitioner.
7. Limitation.— In computing the period of limitation prescribed under any law for
the institution of suits or proceedings, prohibited under section 3, the period during which
such suits or proceedings remain prohibited under this Act shall be excluded.
8. Court-fees.— Every application made to Mamlatdar under this Act shall bear
Court-fee Stamps of fifty paise and every memorandum of an appeal or an application
under this Act made to the Collector shall bear Court-fee Stamps of two rupees.
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9. Power to make rules.— (1) The Government may, by notification in the Official
Gazette, make rules generally to carry out the purpose of this Act.
(2) Every rule made under this section shall be laid, as soon as may be after it is made,
before the Legislative Assembly of Goa, Daman and Diu while it is in session for a total
period of thirty days, which may be comprised in one session or in two successive
sessions, and if, before the expiry of the session in which it is so laid or the session,
immediately following, the Assembly agrees in making any modification in any such rule
or the Assembly agrees that the rule should not be made, the rule shall thereafter have
effect, only in such modified form or be of no effect, as the case may be, so, however,
that any such modification or annulment shall be without prejudice to the validity of
anything previously done under that rule.
1“[10. Exemptions.— The provisions of this Act shall not apply to lands leased or held
by the Government or lands vested in the custodian under the Goa, Daman and Diu
Administration of Evacuee Property Act, 1964 (6 of 1964).”]
Secretariat, O. P. GARG
Panaji, Secretary to the Legislative Assembly of
12th October, 1971. Goa, Daman and Diu
(Published in the Official Gazette, Series I No. 30 dated 21-10-1971).
_______
Planning and Development Department
___
Notification
TNC/110/65
In pursuance of the provisions contained in sub-section (5) of Section 20* of the Goa,
Daman and Diu Agricultural Tenancy Act, 1964, the Government hereby fixes the 28th
July, 1964, as the date with reference to which all partitions and transfers of property
referred to in that sub-section shall be ignored and deemed not to exist unless such
partition or transfer is approved by the Tribunal.
By order and in the name of the Lieutenant Governor of Goa, Daman and Diu.
A. F. Couto, Development Commissioner.
Panjim, 15th January, 1965.
(Published in the Government Gazette, Series I No. 3 dated 21-1-1965)
1 Inserted by G. D. D. 20 of 1975 S. 4 (Official Gazette, Series I No. 32 dated 6-11-1975).
* Section 20 deals with “Resumption of Land”. This Section and Sections 19, 21 and 22 which formed part of Chapter III
(dealing with “Resumption by Landlord”) of the Agricultural Tenancy Act, have been omitted by G. D. D. Act 17 of
1976. (see page 212).
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Revenue Department
___
Order
RD/TNC/SO/348/167
In exercise of powers conferred by Section 62 of the Goa, Daman and Diu Agricultural
Tenancy Act, 1964, Government is hereby pleased to order as follows:—
1. (a) This order may be called the Ascertainment of Gross Produce of Land Order,
1967.
(b) It shall come into force at once.
2. When the gross produce of any land cannot be ascertained by any of the methods
laid down in sub-section (2) of Section 23 of the Act, the Mamlatdar shall ascertain it by
taking the evidence of persons present at the time of harvesting or by evidence regarding
the produce of land of similar quality in the same village and locality in which the land of
which the gross produce is to be ascertained is situated in the particular harvest or
harvests.
By order and in the name of the Administrator of Goa, Daman and Diu.
Hardayal Chaudry, Secretary (Revenue).
Panaji, 20th March, 1967.
(Published in the Govt. Gazette, Series I, No. 1 dated 6-4-1967).
_________
Notification
RD/TNC/MND/236/67
In exercise of the powers conferred by sub-section (9) of Section 17*1 of the Goa,
Daman and Diu Agricultural Tenancy Act, 1964, the Government hereby directs that the
provisions of section 17 of the said Act shall apply in respect of the dwelling houses and
the sites thereof occupied by agricultural labourers and artisans in the District of Goa.
By order and in the name of the Administrator of Goa, Daman and Diu.
W. D. Ranadive, Secretary (Revenue).
Panaji, 5th November, 1967.
[Published in the Government Gazette (Supplement), Series I No. 32 dated 9-11-1967].
*1 Section 17 deals with “Dwelling house of the tenant in landlord’s site”. This section has been repealed by the G. D. D.
Mundkars (Protection from Eviction) Act, 1975 (Act 10 of 1976).
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Notification
No. RD/TNC/38/70-74
In exercise of the powers conferred by sub-section (4) of Section 23 of the Goa,
Daman and Diu Agricultural Tenancy Act, 1964 (No. 7 of 1964) the Government of Goa,
Daman and Diu hereby notify that the rent payable by a tenant to the landlord shall be
paid within 30 days from the date of final operations in respect of each harvest and that
such rent may be paid in cash or in kind at the option of the landlord at the conversion
rates of Rupees seventy four per quintal as may, from time to time, be revised by the
Government.
By order and in the name of the Administrator of Goa, Daman and Diu.
S. R. Arya, Secretary (Revenue).
Panaji, 21st July, 1975.
(Published in Official Gazette, Series II No. 18 dated 31-7-1975).
_______
Law and Judicial Department
____
Order
LD/LAQ/27/70
In exercise of the powers conferred under Section 117 of the Transfer of Property Act,
1882 (4 of 1882) the Lieutenant Governor of Goa, Daman and Diu hereby declare that all
the provisions of Chapter V of the said Act, 1882 shall subject to the provisions of Goa,
Daman and Diu Agricultural Tenancy Act, 1964 (7 of 1964), be with effect from this day
the 22nd April, 1971 applicable in the case of all leases for Agricultural purposes.
By order and in the name of the Lt. Governor of Goa, Daman and Diu.
M. S. Borkar, Under Secretary (Law).
Panaji, 22nd April, 1971.
(Published in the Official Gazette, Series I No. 5 dated 29-4-1971).
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Collectorate of Goa
___
Notification
R. B. SRV/8/3430
In exercise of the powers conferred by rule 4 of the Goa, Daman and Diu Agricultural
Tenancy (Revenue, Survey and Record of Rights) Rules, 1967, the Collector of Goa is
pleased to appoint the officers shown in Column No. 2 of the Schedule appended hereto,
to conduct the revenue survey in the areas shown in the corresponding entry in Column
No. 3 of the said Schedule, for the preparation of Record of Rights connected therewith or
for the revision of existing Record of Rights.
SCHEDULE
Sr. No. Designation of the Officer Jurisdiction
1 2 3
1. Awal Karkuns In their respective talukas
2. Circle Inspectors -do-
3. Talathis In their respective jurisdiction
P. S. Bhatnagar, Collector of Goa.
Panaji, 26th September, 1970.
(Published in Government Gazette, Series II No. 31 dated 30-10-1970).
________
No. 6/4/80-AGR/(2)
Government of Goa, Daman and Diu
Forest and Agriculture Department,
Secretariat, Panaji.
Dated: 2-1-1981
Order
Whereas the Goa, Daman and Diu Agricultural Tenancy (Eighth Amendment) Rules,
1971 provide for regulation of standards of efficient cultivation and management.
Whereas the Cabinet have decided that the fish culture should also be encouraged in
the khazan land; except where salty water pollutes the wells and cause the other damage.
Whereas the Cabinet also decided that the Committee Report 1975, be implemented
for which legal action to amend the Goa, Daman and Diu Agricultural Tenancy Act,
1964, is necessary.
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And whereas, during the interim period the Cabinet decided to appoint a Committee
under the Chairmanship of the Hon. Minister (Agriculture).
Now, therefor, the following Committee is appointed to decide in which khazan lands
water can be allowed to be introduced.
1. Minister of Agriculture — Chairman.
2. Collector of Goa — Member.
3. Director of Agriculture — Member.
4. Director of Fisheries — Member.
5. Mamlatdar of concerned Talukas — Member Secretary.
The decision of the Committee will be implemented by the Member Secretary.
This Committee will remain in force till the amendment to the Goa, Daman and Diu
Agricultural Tenancy Act, 1964, is done.
This Order is issued in supersession of the Order No. 6/4/80-AGR(2) dated
26-12-1980.
By order and in the name of the Administrator of Goa, Daman and Diu.
N. P. Gaunekar, Under Secretary (Forest and Agriculture).
_________
No. 4-5-7-94-UDD
Government of Goa,
Secretariat, Panaji-Goa.
Circular
A question has arisen as to whether a tenant who is the deemed owner of land under
the Goa, Daman and Diu Agricultural Tenancy Act, 1964 (Act 7 of 1964), can revert the
land back to the original landlord.
The matter has been examined and it is hereby advised that under no circumstances
can a tenant who is the deemed owner of the land under the Act, 1964 revert the land
back to the landlord but the land shall be disposed off in the manner provided in
sub-section (2) of section 18 J of the said Act, 1964 in circumstances specified in
sub-section (1) of said section 18 J of the Act, 1964. Hence, a compromise decree leading
to deletion of the name of the tenant from Forms I & XIV is inconsistent with the
provisions of law. Moreover, by virtue of section 2 of the Goa Land Use (Regulation)
Act, 1991 (Act 3 of 1991), no land which is vested in a tenant under the provisions of the
Goa, Daman and Diu Agricultural Tenancy Act, 1964 (Act 7 of 1964) shall be used or
allowed to be used for any purpose other than agriculture.
The above information is circulated for guidance when considering any proposals for
reversion of land to the original landlord by the tenants.
E. A Cardozo, Under Secretary (Revenue) to the Government of Goa.
Panaji, 20th December, 1994.
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Revenue Department
___
Notification
36/88-RD (Misc)
In exercise of the powers conferred by sub-section (3) of section 56 of the Goa, Daman
and Diu Agricultural Tenancy Act, 1964 (Act 7 of 1964) (hereinafter called the “said
Act”), the Government of Goa is pleased to grant exemption in respect of land which is
the property of a religious institution and wherein no tenancy rights exist, from the
operation of the provisions of the said Act, with immediate effect.
By order and in the name of the Governor of Goa.
Maria A. Rodrigues, Under Secretary (Revenue).
Panaji, 28th September, 1995.
(Published in the Official Gazette, Series I No. 28 dated 12-10-1995)
_________
Notification
RD/TNC/SO/206/66
In exercise of the powers conferred by section 57 of the Goa, Daman and Diu
Agricultural Tenancy Act, 1964, the Government hereby delegates its powers under
Section 3(1) of the said Act, to the Collector of Goa District, with immediate effect:—
Provided, however, that notwithstanding this delegation, the Government may itself
exercise the said powers should it deem fit to do so in any case.
By order and in the name of the Administrator of Goa, Daman and Diu.
Hardayal Chaudry, Secretary (Revenue).
Panjim, 15th September, 1966.
(Published in the Govt. Gazette, Series I No. 26 dated 29-9-1966).
_________
Notification
RD/TNC/SO/203/66
In exercise of the powers conferred by Section 57 of the Goa, Daman and Diu
Agricultural Tenancy Act, 1964, Government is pleased to delegate the powers conferred
upon it under Section 49 (2) of the said Act to the Secretary to the Government, Revenue
Department.
By order and in the name of the Administrator of Goa, Daman and Diu.
G. K. Bhanot, Chief Secretary.
Panjim, 20th October, 1966.
(Published in the Govt. Gazette, Series I No. 30 dated 27-10-1966).
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Secretariat
Notification
RD/TNC/SO/205/66
In exercise of the powers conferred by Section 57 of the Goa, Daman and Diu
Agricultural Tenancy Act, 1964, Government is pleased to delegate the powers upon it
under Section 50(2) of the said Act to the Secretary to the Government, Revenue
Department.
By order and in the name of the Administrator of Goa, Daman and Diu.
G. K. Bhanot, Chief Secretary.
Panjim, 21st December, 1966.
(Published in the Govt. Gazette, Series I No. 40 dated 5-1-1967).
_______
Revenue Department
___
Notification
RD/TNC/SO/167/78
In exercise of the powers conferred by Section 57 of the Goa, Daman and Diu
Agricultural Tenancy Act, 1964 (Act No. 7 of 1964), Government hereby delegates its
powers conferred upon it under Section 36 of the said Act to the Government, Revenue
Department:
Provided, however, that notwithstanding this delegation, the Government may itself
exercise the said powers should it deemed fit to do so in any case.
By order and in the name of the Administrator of Goa, Daman and Diu.
E. N. Rodrigues, Under Secretary (Revenue).
Panaji, 5th September, 1978.
(Published in the Official Gazette, Series I No. 28 dated 12-10-1978).
_______
ORDER
1/7/80-RD
In exercise of the powers conferred by Section 57 of the Goa, Daman and Diu
Agricultural Tenancy Act, 1964 (Act No.7 of 1964), the Government of Goa, Daman and
Diu hereby delegates the powers conferred on Government under Section 26 (3A) (d) of
the said Act, to the Secretary (Revenue) to the Government of Goa, Daman and Diu
including powers to hear and decide appeals pending before the Government on the date
of issue of Notification.
By order and in the name of the Lt. Governor of Goa, Daman and Diu.
Alexandre Pereira, Under Secretary (Revenue).
Panaji, 1st September, 1980.
(Published in the Official Gazette, Series II No. 24 dated 11-9-1980).
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Notification
RD/TNC/M/RTN/12/65/Sec. 2(4)/67
In exercise of the powers conferred by clause (4) of section 2 of the Goa, Daman and
Diu Agricultural Tenancy Act, 1964 (No. 7 of 1964), Govemment hereby appoints the
Deputy Collector, North Goa, Sub-Division, and the Dy. Collector, South Goa,
Sub-Division, to perform the functions of the Collector under the said Act in the areas
within their respective jurisdiction.
By order and in the name of the Administrator of Goa, Daman and Diu.
W. G. Ranadive, Secretary (Revenue).
Panaji, 23rd September, 1967.
(Published in Government Gazette, Series II No. 26 dated 28-9-1967).
_______
Notification
RD/TNC/M/RTN/12/65/Sec.2(15)/67
In exercise of the powers conferred by clause (15) of Section 2 of the Goa, Daman and
Diu Agricultural Tenancy Act, 1964 (No. 7 of 1964), Government hereby appoints the
Awal Karkuns appointed in each Taluka to perform the duties of a Mamlatdar under the
said Act within the jurisdiction of their respective talukas.
By order and in the name of the Lieutenant Governor of Goa, Daman and Diu.
W. G. Ranadive, Secretary (Revenue).
Panaji, 23rd September, 1967.
(Published in Government Gazette, Series II No. 26 dated 28-9-1967).
_______
Notification
RD/TNC/M/RTN/12/65/Sec.2(4)/68
In exercise of the powers conferred by clause (4) of Section 2 of the Goa, Daman and
Diu Agricultural Tenancy Act, 1964 (No. 7 of 1964) and in partial supersession of
Government Notification No. RD/TNC/M/RTN/12/65/Sec.2(4)/67 dated 23rd September,
1967 (Published in the Government Gazette, No. 26, Series II, dated 28-9-1967)
Government hereby appoints Sub-Divisional Officer, North Goa Sub-Division, Panaji to
perform the functions of the Collector under the said Act in the North Goa Sub-Division.
By order and in the name of the Administrator of Goa, Daman and Diu.
V. Sardessai, Under Secretary (Revenue).
Panaji, 16th October, 1968.
(Published in Government Gazette, Series II No. 30 dated 24-10-1968).
Manual of Goa Law (Vol. I) – 374 – Agricultural Tenancy Act & Rules
Notification
RD/TNC/RR/270/69
In exercise of the powers conferred by rule 4 of the Goa, Daman and Diu Agricultural
Tenancy (Revenue, Survey and Record of Rights) Rules, 1967, the Administrator of Goa,
Daman and Diu is pleased to direct that the following Officers shown in Column No. 2 of
the Schedule appended hereto should conduct the revenue survey in the areas shown in
the corresponding entry in column No. 3 of the said Schedule, for the preparation of the
Record of Rights connected therewith or for the revision of any existing Record of
Rights.
SCHEDULE
Sr. No. Designation of the Officer Jurisdiction
I 2 3
1. Collector of Goa Throughout the Goa District.
2. Director of Land Survey — do —
3. Sub-Divisional Officers In the taluka under their jurisdiction.
4. Mamlatdars In their respective talukas
5. Survey Officers (Inspectors Cadastral Survey) In the whole of the Goa District
By order and in the name of the Administrator of Goa, Daman and Diu.
V. Sardessai, Under Secretary (Revenue).
Panaji, 12th November, 1969.
(Published in Government Gazette, Series II No. 35 dated 27-11-1969).
_________
Notification
RD/TNC/12/65-69
In exercise of the powers conferred by clause (15) of Section 2 of the Goa, Daman and
Diu Agricultural Tenancy Act, 1964 (Act No. 7 of 1964), the Government of Goa, Daman
and Diu is hereby pleased to appoint all the Joint Mamlatdars in the District of Goa to
perform the duties of the Mamlatdar for the purpose of the said Act, within their
respective jurisdictions.
By order and in the name of the Administrator of Goa, Daman and Diu.
V. Sardessai, Under Secretary (Revenue).
Panaji, 6th January, 1970.
(Published in Government Gazette, Series II No. 42 dated 15-1-1970).
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Notification
RD/TNC/12/65
In exercise of the powers conferred by clause (4) of section 2 of the Goa, Daman and
Diu Agricultural Tenancy Act, 1964 (Act No. 7 of 1964), the Government of Goa, Daman
and Diu is hereby pleased to appoint all the Additional Deputy Collectors in the District
of Goa to perform the duties of the Collector for the purpose of the said Act within the
Jurisdiction of their respective sub-division.
By order and in the name of the Administrator of Goa, Daman and Diu.
V. Sardessai, Under Secretary (Revenue).
Panaji, 8th June, 1970.
(Published in the Government Gazette, Series II No. 12 dated 18-6-1970).
________
Notification
No. RD/TNC/12/65
Read: Notification No. RD/TNC/12/65 dated 15-1-1988.
In exercise of the powers conferred by clause (4) of Section 2 of the Goa, Daman and
Diu Agricultural Tenancy Act, 1964 (Act No. 7 of 1964), (hereinafter called the “said
Act”) the Government of Goa is pleased to appoint all the Additional Deputy Collectors,
Mapusa, Sub-Division, Mapusa to perform the functions of the Collector, under the
provisions of the said Act within the jurisdiction in the North Goa District.
By order and in the name of the Governor of Goa.
P. S. Nadkarni, Under Secretary (Revenue) to the Government of Goa.
Panaji, 28th August, 1989.
(Published in the Official Gazette, Series I No. 25 dated 21-9-1989).
_________
Notification
1/1/96-RD (4536)
In exercise of the powers conferred by clause (15) of Section 2 of the Goa, Daman and
Diu Agricultural Tenancy Act, 1964 (Act 7 of 1964), the Government of Goa is hereby
Manual of Goa Law (Vol. I) – 376 – Agricultural Tenancy Act & Rules
pleased to appoint all the Mamlatdars in the State of Goa to perform the duties of
Mamlatdar under the said Act, within their respective jurisdictions, with immediate
effect.
By order and in the name of the Governor of Goa.
Maria A. Rodrigues, Under Secretary (Revenue) to the Government of Goa.
Panaji, 22nd October, 1996.
_______
Law (Legal and Legislative Affairs) Department
__
Notification
7-1-91/LA
The Goa Agricultural Tenancy (Amendment) Act, 1991 (Goa Act No. 4 of 1991)
which has been passed by the Legislative Assembly of Goa on 19-2-1991 and assented to
by the Governor of Goa on 19-4-1991, is hereby published for general information of the
public.
P. V Kadnekar, Under Secretary (Drafting).
Panaji, 23rd April, 1991.
________
Notification
1/1/91-RD (7330)
Whereas certain draft rules further to amend the Goa, Daman and Diu Agricultural
Tenancy Rules, 1965, were published as required by sub-section (2) of section 61 of the
Goa, Daman and Diu Agricultural Tenancy Act, 1964 (Act 7 of 1964 ), in the Official
Gazette, Series I, No. 9 dated 28-5-1992, under Notification No. 1/1/91-RD (7330) dated
20-5-1992 of the Revenue Department, Government of Goa, inviting objections and
suggestions from all persons likely to be affected thereby before the expiry of fifteen 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 28-5-1992;
And whereas no objections and suggestions have been received from the public on the
said draft by the Government.
Now, therefore, in exercise of the powers conferred by section 61 read with section 26
of the Goa, Daman and Diu Agricultural Tenancy Act, 1964 (Act 7 of 1964), and all other
powers enabling it in that behalf, the Government of Goa hereby makes the following
Manual of Goa Law (Vol. I) – 377 – Agricultural Tenancy Act & Rules
rules so as to further amend the Goa, Daman and Diu Agricultural Tenancy Rules, 1965,
namely:—
1. Short title and commencement.— (1) These rules may be called the Agricultural
Tenancy (Amendment) Rules, 1992.
(2) They shall come into force at once.
2. Amendment of rule 12A.— In rule 12A of the Goa, Daman and Diu Agricultural
Tenancy Rules, 1965, in sub-rule (1A), for the letters and figures “Rs. 3,000/-”, the letters
and figures “Rs. 6,000/-” shall be substituted.
By order and in the name of the Governor of Goa.
B. N. Bhat, Under Secretary (Revenue) to the Government of Goa.
Panaji, 10th July, 1992.
[Published in the Official Gazette(Extraordinary No. 4), Series I No. 15 dated 13-7-1992]
_______
Revenue Department
__
Notification
1/5/90-RD
Whereas certain draft rules further to amend the Goa, Daman and Diu Agricultural
Tenancy (Discharge of Joint Responsibility of Tenants) Rules, 1975 were published as
required under sub-section (2) of Section 61 of Goa, Daman and Diu Agricultural
Tenancy Act, 1964 (Act 7 of 1964) at page 45 of the Official Gazette, Series I,
No. 4 (Extraordinary No. 2) dated 26-4-1991 of the Revenue Department, Government
of Goa, inviting objections and suggestions from all persons likely to be affected thereby
till fifteen 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 26-4-1991;
And whereas no objections or suggestions have been received from the public, on the
said draft.
Now, therefore, in exercise of the powers conferred by sub-section (2) of section 42-A
of the Goa, Daman and Diu Agricultural Tenancy Act, 1964 (Act 7 of 1964), and all other
powers enabling it in that behalf, the Government of Goa hereby makes the following
rules so as to further amend the Goa, Daman and Diu Agricultural Tenancy (Discharge of
Joint Responsibility of Tenants) Rules, 1975, namely:—
1. Short title and commencement.— (1) These rules may be called the Goa
Agricultural Tenancy (Discharge of Joint Responsibility of Tenants) (Amendment)
Rules, 1991.
Manual of Goa Law (Vol. I) – 378 – Agricultural Tenancy Act & Rules
(2) They shall come into force at once.
2. Amendment of rule 6.— In rule 6 of the Goa, Daman and Diu Agricultural
Tenancy (Discharge of Joint Responsibility of Tenants) Rules, 1975 for sub-rule (15), the
following sub-rule shall be substituted, namely:—
“(15) If the Mamlatdar, after due enquiry, is satisfied that the Managing Committee
has failed to discharge the duties or has abused the powers or has done any acts which are
harmful to the agricultural land, he shall dissolve the Managing Committee and exercise
all its powers till a new Managing Committee is constituted in accordance with the
provisions of sub-rule (1):
Provided that notwithstanding anything contained in rule 8 the Mamlatdar may
proceed to lease the fishing rights on sluice gates by public auction to be held either in the
third week of December or on any other date for a period of one year, a quarter or
quarters of a year, subject to fulfilment of other conditions laid down in rule 8, in which
case the auction amount shall be paid on the corresponding dates for payment of
instalments as specified in rule 8 and the Agreement in Form VIII may be suitably
modified to meet the requirements”.
By order and in the name of the Governor of Goa.
K. M. Nambiar, Under Secretary (Revenue) to the Government of Goa.
Panaji, 4th June, 1991.
(Published in the Official Gazette, Series I No. 12 dated 20-6-1991).
_________
Notification
36/6/90-RD
Whereas certain draft rules further to amend the Goa, Daman and Diu Agricultural
Tenancy (Special Rights and Privileges of Tenants) Rules, 1977, were published as
required by sub-section (2) of section 2 of the Goa, Daman and Diu Agricultural
Tenancy Act, 1964 (Act 7 of 1964), in the Extraordinary Gazette No. 2, Series I No. 22,
dated 30-8-1991, under Notification No. 36/6/90-RD, dated 28-8-1991 of the Revenue
Department, Government of Goa, inviting objections and suggestions from all persons
likely to be affected thereby before the expiry of fifteen days from the date of publication
of the said Notification in the Official Gazette;
And whereas the said Gazette was made available for the public on 30-8-1991;
And whereas no objections and suggestions have been received from the public, on the
said draft by the Government.
Now, therefore, in exercise of the powers conferred by section 18L of the Goa, Daman
and Diu Agricultural Tenancy Act, 1964 (Act 7 of 1964), and all other powers enabling it
in that behalf, the Government of Goa hereby makes the following rules so as to further
amend the Goa, Daman and Diu Agricultural Tenancy (Special Rights and Privileges of
Tenants) Rules, 1977 namely :—
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1. Short title and commencement.— (1) These rules may be called the Goa
Agricultural Tenancy (Special Rights and Privileges of Tenants) (Amendment)
Rules, 1991.
(2) They shall come into force at once.
2. Amendment of rule 4.— In sub-rule (1) of rule 4 of the Goa, Daman and Diu
Agricultural Tenancy (Special Rights and Privileges of Tenants) Rules, 1977, the words
“in the village by beat of drum and” shall be omitted.
By order and in the name of the Governor of Goa.
K. M. Nambiar, Under Secretary to the Government of Goa, Revenue Department.
Panaji, 3rd October, 1991.
[Published in the Official Gazette (Extraordinary No. 3), Series I No. 27 dated 7-10-1991]
________
Notification
1-1-93-RD
Whereas certain draft rules further to amend the Goa, Daman and Diu Agricultural
Tenancy (Special Rights and Privileges of Tenants) Rules, 1977 were pre-published as
required by sub-section (2) of section 61 of the Goa, Daman and Diu Agricultural
Tenancy Act, 1964 (Act 7 of 1964), in the Official Gazette No. 21, Series I dated
19-8-1993 under Notification No. 1-1-93-RD, dated 27-7-1993 of the Revenue
Department, Government of Goa inviting objections and suggestions from all persons
likely to be affected thereby before the expiry of 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 19-8-1993;
And whereas no objections and suggestions have been received from the public on the
said draft 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 (Act 7 of 1964), and all
other powers enabling it in that behalf the Government of Goa hereby makes the
following rules so as to further amend the Goa, Daman and Diu Agricultural Tenancy
(Special Rights and Privileges of Tenants) Rules, 1977, namely:—
1. Short title and commencement.— (1) These rules may be called the Goa
Agricultural Tenancy (Special Rights and Privileges of Tenants) (Amendment) Rules,
1993.
(2) They shall come into force at once.
2. Amendment of Form IIA. — In Form IIA appended to the Goa, Daman and Diu
Agricultural Tenancy (Special Rights and Privileges of Tenants) Rules, 1977, for the
Schedule, the following Schedule shall be substituted, namely:—
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SCHEDULE
Revenue Place of Date Time
Village Hearing
Place :
Signature
Date :
Mamlatdar of ……….
By order and in the name of the Governor of Goa.
P. Fernandes, Under Secretary (Revenue) to the Government of Goa.
Panaji, 28th December, 1993.
(Published in the Official Gazette, Series I No. 41 dated 6-1-1994).
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- Jurisdiction
- Dadra and Nagar Haveli and Daman and Diu
- Enactment date
- 1964-12-16
- Sections available
- Document reader
India Code, Government of India. Text fetched 10 Oct 2026. Source metadata reports last modification: 2019-02-18. Check the linked official text and subsequent notifications when applying a provision.