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 (Record of Rights and Register of
Cultivators) Rules, 1969. (2)
They shall come into
force at once. In these rules, unless
the context requires otherwise, (a)
"Code" means
the Goa, Daman and Diu Land Revenue Code, 1968; (b)
"Form" means a
form appended to these rules. A record of rights to be
maintained in every village under Section 95 shall be 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. The other particulars to
be included in a record of rights shall be as follows: (a)
the land revenue
assessment payable in respect of the land; (b)
the tenure on which the
land is held, that is to say whether the land is held as occupant Class I or
Class II, Government lessee, owner, etc.: 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 [1][Malatdar
of Taluka]: [2][Omitted] Explanation I. The
rights 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 96 Section. [3][Explanation
III For the purpose of the Chapter VIII of the Goa Land Revenue Code, 1968, the
term "Mamlatdar of Taluka" includes Joint Mamlatdar and in case of
City Survey Records, the Inspector of Surveys and Land Records]. (1)
When the Record of
Rights is to be introduced in any village or 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 he public notice: (i)
Survey number and
sub-division number, if any, of the land (or where the lands are not surveyed,
the name of the field and its boundaries) in which he has any interest as
holder, occupant, owner, tenant, landlord, mortgage, 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 is held as owner, occupant class
I or II or Government lessee. (iv)
The encumbrance or
charge, if any, on the land and the name of the holder of such encumbrance or
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. (1)
The Talathi shall on the
basis of the information received under Section 96 and 97 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 Revenue
Inspector or a Survey Officer not below the rank of a Revenue Inspector, be
published by issuing a notice in Form IV and publishing the notice in the
manner provided in sub-rule (2) of rule 5. 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 for a period of thirty days 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 [4][or
within such date the Government by Notification at any time before the
promulgation may specify] 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 objections)
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 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. (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). (1)
The corrected 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 5. 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 for a period of fifteen days on the dates and
times and at a place (which shall be convenient to the villagers) specified in
such notice and informing them that the draft will be finalised and the record
of rights promulgated by a Revenue or 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 notice 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 draft further
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 or a survey number
or in respect of each field where the land is not surveyed, in the draft so
corrected to the record 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. 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. [5][(1)
Any person acquiring any right of land as mentioned in Section 96 of the Code
shall report his acquisition of such right to the Mamlatdar of Taluka alongwith
the documents concerning acquisition of rights and detailed address of the
persons interested in such land. The Mamlatdar of Taluka or the official
authorized by him in this behalf shall at once give endorsement for receipt of
such reports and enter the Mutation in the Mutation register maintained in Form
IX hereto.]; (2) As soon as an intimation sent to him by the
registering officer under Section 102 is received, the [6][Mamlatdar
of Taluka] 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 [7][Mamlatdar
of Taluka] shall require the person making the report to him under Section 96
to produce before him such permission or such evidence of the order by which
such permission is given, within 15 days. If such permission or evidence is
produced the [8][Mamlatdar
of Taluka] 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) Whenever the [9][Mamlatdar
receives from], the Director of Settlement and Land Records or 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. (1)
The Mamlatdar of Taluka
shall scrutinize report received under rule 9 within seven days from the date
of receipt of same and issue notice in Form X hereto to the persons interested
in lands. One copy of the Notice in Form X shall be displayed on the Notice
Board of the Mamlatdar's Office: Provided that no such
notice is required for carrying out mutation where (i)
the persons interested
in land appear before the Mamlatdar and give their no objection for carrying
out mutation by an affidavit; (ii)
Land is acquired under
the Land Acquisition Act, 1894 (Central Act 1 of 1894); (iii)
Right to the land is
acquired under the Goa, Daman and Diu Agricultural Tenancy Act, 1964 (Act 7 of
1964) and the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1976
(Act 1 of 1976); (iv)
Orders have been passed
by the Collector under Section 61 or Section 103 of the Code: Provided further that
such Notice shall be issued to all co-owners of land where mutation sought
involves land that is not partitioned and held in common by all co-owners. (2)
Mamlatdar may permit to
effect service of Notice by the applicant by way of registered Post AD or by
courier service as may be approved by the Collector. Where the Mamlatdar is
satisfied that for any reason the summons cannot be served in the ordinary way,
the Mamlatdar shall order the notice to be served by an advertisement in a
newspaper circulating in locality.][10] (1)
Upon receipt of any
objection against carrying out the Mutation as applied for, the Mamlatdar of
Taluka shall enter each objection in a register of disputed cases maintained in
Form V hereto. (2)
The Mamlatdar shall
issue a notice in Form XII hereto to all the persons who have objected for
carrying out mutation. The Mamlatdar shall decide objections within a period of
three months after hearing all parties. He shall also record in Column 4 of the
mutation register the order passed by him, under his signature.][11] In case all the notices
are served to the persons interested in land and there is no objection for
carrying out mutation, the Mamlatdar shall proceed to dispose of the
application for mutation.][12] In case the Mamlatdar
decides to certify the mutation entry, he shall make an endorsement under his
signature in Column 4 of mutation register maintained in Form IX, to the effect
that the mutation entry as modified by him is certified by him.][13] Immediately after the
mutation entry is certified under rule 13, the Mamlatdar of Taluka shall give
effect to the mutation entry as certified in the record of rights on payment of
fees as mentioned in section 96 of the Code.][14] Record of Rights shall
be maintained in Form I alongwith survey plan indicating boundary of each survey
number or as the case may be, sub-division of a survey number in Form XV hereto
by either the Survey Officer or the Revenue Officer][15]. (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 XIII
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 him under Section 96 and the provisions of
rules 10 to 14 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 9. 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. 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 17 and 18. (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 of inspection of
the crops and making entries in the register of cultivators and crops. (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 the 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 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. (1)
As soon as may be after
the Talathi has made entries in the register of cultivators and crops, the
Revenue 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 17 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 the 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 represents 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 similarly correct the incorrect
entries relating to crops and shall put his initials at the end of such
entries. Where an entry made in
the register of cultivators and crops relating to a survey number or a
sub-division of a survey number indicates a mutation in respect of such land,
the Talathi shall make an entry in the mutation register about the mutation.
Thereafter the provisions of the rules 10 to 14 shall mutatis mutandis apply. 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, revenue officers shall
exercise the following powers of a survey officer (a)
A Revenue Inspector and
a Talathi may issue notices 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 mapping the land. Such cost
shall be recovered from the holders of land as a revenue demand. 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. An entry made in pencil
either in the record of rights or the register of cultivators and crops shall
not be accepted as evidence in any proceedings before any authority, court or
tribunal. (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 is made 50 paise per hour
subject to a maximum of Rs. 2 per day. (ii) For every certified
copy of a serial number or entry in the record of rights, register of
mutations, or register of cultivators and crops. 5 paise. [1]
Substituted by the Amendment Rules, 2010, published in the Official Gazette,
Series I No. 10 dated 3-6-2010. [2]
Provisos second and third omitted by the Amendment Rules, 2010. [3]
Substituted by the Amendment Rules, 2010. [4]
Inserted by the 1st Amendment Rules, 1980. [5]
Substituted by the Amendment Rules, 2010. [6]
Provisos second and third omitted by the Amendment Rules, 2010. [7]
Substituted by the Amendment Rules, 2010. [8]
Substituted by the Amendment Rules, 2010. [9]
Substituted by the Amendment Rules, 2010. [10]
Substituted by the Amendment Rules, 2010. [11]
Substituted by the Amendment Rules, 2010. [12]
Substituted by the Amendment Rules, 2010. [13]
Substituted by the Amendment Rules, 2010. [14]
Substituted by the Amendment Rules, 2010. [15]
Inserted by the Amendment Rules, 2010.GOA, DAMAN AND DIU LAND REVENUE
(RECORD OF RIGHTS AND REGISTER OF CULTIVATORS) RULES, 1969
PREAMBLE