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. (i)
These Rules may be
called the Goa, Daman and Diu Agricultural Tenancy Rules, 1965. (ii)
They shall come into
force at once. 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. 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. An application for
recovery of arrears of rent shall be made by the landlord in Form I. 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)
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. (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. 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.][1] (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. (3)
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. (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. (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. (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; (c)
The improvements made in
the land by the tenant or the landlord. (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 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. (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: 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. (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.] 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. 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. (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;][3] [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; (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]. (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. (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). [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]. 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. 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. (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. (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.][14] (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. (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]. 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. 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. (1)
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. (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. 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. (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][* * *] (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 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. 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][21]. [1] Rule 5A to
5C inserted by Sixth Amendment Rules, 1969 published in Govt. Gazette, Series I
No. 34 dtd. 20-11-1969. [2] Sub rule
(14) inserted by (Amendment) Rules, 2000 (O. G. Series I, No. 8 dated
25-5-2000). [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. [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. [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. [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. [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. [16] Rule 22
was deleted by Second Amendment Rules, 1966 published in the Government
Gazette, Series I No. 27 dated 6-10-1966. [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] These
words were substituted for the word "Government" by Sixth Amendment
Rules, 1969 (Government Gazette, Series I No. 34 dated 20-11-1969). [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).GOA, DAMAN AND DIU AGRICULTURAL
TENANCY RULES, 1965
PREAMBLE