In exercise
of the powers conferred by sub-section (2) of section 199 of the Land Revenue
Code, 1968 (9 of 1969) and all other powers enabling him in that behalf the
Lieutenant Governor of Goa, Daman and Diu is hereby pleased to make the
following rules: (1)
These rules
may be called the Goa, Daman and Diu Land Revenue (City Survey) Rules, 1969. (2)
They shall
come into force at once. In these
rules, unless the context otherwise, requires: (a)
"Code"
means the Goa, Daman and Diu Land Revenue Code, 1968; (b)
"Director"
means the Director of Settlement and Land Records; (c)
"Form"
means a Form appended to these rules; (d)
"Inspector"
means the Inspector of Surveys and Land Records; (e)
"section"
means a section of the Code. Where a
survey of lands in any village, town or city as directed to be made by the
Government under section 65 the Collector shall cause to be issued in Form 'A'
a general notice to the inhabitants of such village, town or city informing
them about the introduction of the survey and calling upon the house owners,
mortgagees, absentee owners and other persons having interest in the lands to
be surveyed to give all information to the survey officers appointed for the
purpose and to ensure that their lands are measured and rights recorded
correctly. Subject to
the control of such officer as may be designated by the Government in this
behalf, a survey officer not below the rank of an Inspector shall be in charge
of the survey operations. In conducting the survey operations, the survey
officer shall be assisted by such staff of the Land Survey Department as such officer
designated by the Government may appoint. Operations
connected with any survey shall be carried out by the staff referred to in rule
4 as provided in that rule in such manner as the Director may, from time to
time direct. The operations so carried out shall be recorded in maps drawn to a
scale as may from time to time be laid down by the Director. The staff shall
also record information in respect of particulars of the property and names of
the holders thereof and enter it in columns 1 to 4 of the inquiry register in
Form 'B'. The maps and the register so prepared shall then be forwarded for the
purposes of rule 6 to the Inquiry Officer who shall be a Survey Officer not
below the rank of an Inspector or a Mamlatdar appointed by the Government or as
the case may be, the Director. (1)
It shall be
the duty of the Inquiry Officer to determine, for each parcel of land situated
within the limits of the area under survey, who is entitled to be confirmed in possession
of each such parcel of land, what possessions constitute encroachments,
easements or licenses and what lands vest in a local authority or Government
and, in case of land adjudged to be in the legitimate possession of a private
individual or body, its tenure and liability to pay land revenue. (2)
For purposes
of determining the right, title and interest of individuals and bodies in
respect of lands under survey under sub-rule (1), the Inquiry Officer shall
hold an enquiry under section 14 of the Code or section 85 of the Goa, Daman
and Diu Municipalities Act, 1968. The maps and registers referred to in rule 5
shall be corrected in accordance with the decision of the Inquiry Officer or,
where an appeal is filed or a civil suit instituted, in accordance with the
final order passed in appeal or civil suit. (3)
The Inquiry
Officer shall send a list of unoccupied vacant plots of waste land which are
not claimed by any person to the Collector. The Collector shall, on receipt of
such list, cause a public notice in Form 'C' to be affixed on each such plot
requiring any person desiring to claim any interest in the plots to appeal
before the Inquiry Officer within the period specified in the notice with
documentary evidence of title to the plot. If any claim is made in relation to such plot, the Inquiry Officer shall
proceed to determine it in accordance with sub-rule (2). If no claim is made
within the period aforesaid, the plot shall be entered as land vesting in the
Central Government. The final
results of the enquiry shall be recorded for each parcel of land separately in
a card in Form 'D' to be called "Property Card Registers". (1)
The survey
fees payable under section 66 shall ordinarily be so fixed by the Collector
that the total sum payable in respect of the site under survey shall cover the
cost of the survey and preparation of the Property Card Register thereof. (2)
In fixing
the fees for each building site or any portion thereof held separately, the
Collector shall have regard to the provision of sub-rule (1) and to the
position, value and area of such building site or portion, thereof. The sanad to
be issued under section 67 to every holder of building site shall be in Form E. If any
holder applies for a copy of sanad under section 67 a copy of such sanad may be
supplied to him on payment of a fee not exceeding one rupee. In areas
surveyed under section 65, the survey officer or Revenue Officer not below the
rank of a Mamlatdar shall be responsible for the up-to-date maintenance of the
record of rights and register of mutations in all surveyed cities and towns
within his jurisdiction.][1] The
acknowledgement of the receipt of the report made by any person under section
96 shall be made in Form F. The reports
and intimations of acquisition or transfer received by the Talathi under
sub-section (1) of section 97, shall be entered by him in the Property Card. As soon as a
mutation is entered in the Property Card under rule 13, the Talathi shall post
up a complete copy of the entry in the towns or city in a conspicuous place. He
shall also simultaneously give notice in Form G to all persons appearing from
the Property Card to be interested in the mutation and to any person whom he
has reason to believe to be interested therein, requiring them to send their
objections, if any, to the entry either orally or in writing if any, to the
entry either orally or in writing within fifteen days from the date of receipt
of such notice. The
acknowledgement for objections received in response to the notice given under
rule 14 shall be given in Form H and the register of disputed cases in which
such objections should be entered shall be in Form I. The disputes
entered in the register of disputed cases shall be decided and the mutations in
the Property Card certified by a revenue or survey officer not below the rank
of an Awal Karkun in the manner provided in rule 13 of the Goa, Daman and Diu
Land Revenue (Records of Rights and Register of Cultivators) Rules, 1969. The existing
record of rights referred to in section 107 of such towns and cities as may be
specified by a revenue or survey officer not below the rank of the Collector in
this behalf, shall be transferred to the Property Card in accordance with the
procedure prescribed in rule 14 of the Goa, Daman and Diu Land Revenue (Record
of Rights and Register of Cultivators) Rules, 1969.GOA, DAMAN AND DIU LAND REVENUE (CITY SURVEY) RULES, 1969
PREAMBLE