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 Realisation of
Land Revenue Rules, 1969". (2) They shall come into force at once. In these rules, unless the
context requires otherwise "Chavdi" means, a
local village Panchayat Office or other convenient and centrally located public
place as the Collector may direct; "code" means the
Goa, Daman and Diu Land Revenue Code, 1968; "revenue year" means
the year commencing on the 1st day of August; "Section" means a
section of the Code. (1) All payments of land revenue shall be made to the Talathi of village in
which the land in respect of which such revenue is due is situated: Provided that, with the
sanction of the Collector, such payment may, in special cases, be made into a
Government treasury within the district to which the payment appertains: Provided further, that where
the Collector declares any village in a taluka to be a centre for the payment
of land revenue in respect of such villages as the Collector specifies in that
behalf, payment of the Land Revenue due in the villages so specified to the
Talathis of those villages shall be made at the centre so declared. (2) Any declaration made by the Collector, under sub-rule (1) shall be made
known by affixing a copy thereof, in the Chavdi or some other public building
in the villages concerned or in such other manner as the Collector may deem
expedient. (1) The land revenue payable on account of a revenue year shall fall due on
the first day of that year. (2) Land Revenue payable for any revenue year shall be paid:- (i) where the total land revenue payable by a person in respect of the land
held by him in a village does not exceed Rs. 20/- in one instalment only on a
date not later than the fifteenth day of January falling in that revenue year; (ii) where the total land revenue payable by a person in respect of the lands
held by him in a village exceeds Rs. 20/-, in two equal instalments, the first
instalment shall be paid not later than the fifteenth day of January and the
second instalment shall be paid not later than the fifteenth day of April
falling in that revenue year: Provided that in any taluka or
part thereof where these dates are found unsuitable for payment of land revenue
due upon agricultural land, the Collector may with the sanction of the Government
fix such other dates as he may deem expedient according to the circumstances of
the season and of the villages concerned and the character of the crops
generally grown therein and thereupon the land revenue due upon
non-agricultural land shall also be paid in such taluka or part thereof on the
date so fixed. (1) The notice of demand to be issued under Section 124 shall be issued by
the Talathi concerned in Form 1. (2) Separate notices of demand shall be issued against different defaulters. The proclamation and written
notice to be issued under Section 127 shall be in form 2. (1) Where an arrear of land revenue is due in respect of any holding, the
Collector shall forfeit only such portion of such holding as is, in his
opinion, required to satisfy the demand on account of the arrears of land
revenue. (2) The Collector shall take possession of a holding forfeited under
sub-rule (1) and may lease it to the former occupant or to any other person for
a period of one year at a time. (3) If within three years of the date on which the Collector takes
possession of the holding under sub-rule (2), the former occupant thereof
applies for restoration of the holding, the Collector may, after the expiry of
the lease, if any, given under sub-rule (2) restore the holding to the occupant
on his paying to the Government the arrears due from him as land revenue and a
penalty equal to three times the assessment. If the former occupant fails to
get the holding restored to him within the period aforesaid, the holding shall
be sold by the Collector in the manner provided in rules 12 to 16. Where any land forfeited for
default in payment of land revenue is not disposed of in accordance with the
provisions of Section 47, the arrear of land revenue payable by the defaulter
shall ordinarily be remitted without having recourse to further compulsory
process against him. (1) For distraining the defaulter's movable property under Section 125, the
Collector shall issue a warrant of distraint in Form 3 to an officer not below
the rank of Revenue Inspector (hereinafter referred to in this rule as
"the distraining officer"). (2) The distraining officer may distrain the defaulter's movable property by
actual seizure and shall keep it in his custody or in the custody of any of his
subordinates and shall be responsible for the property seized by him: Provided that where the
movable property seized is subject to speedy and natural decay or where the
expenses of keeping it in custody is likely to exceed its value, the
distraining officer shall cause it to be sold at once in accordance with the
orders of the Collector: Provided further that, where
the movable property seized consists of live-stock, agricultural implements or
other articles which cannot be conveniently removed, the distraining officer
may if the property is not caused to be sold under the preceding proviso, leave
it at the instance of the defaulter or any other person claiming to be
interested in the property, in the village or at the place where it is
distrained (i) in the charge of the defaulter or of the pound-keeper, if any; or (ii) in the charge of the person claiming to be interested in the property or
of any other person who in the opinion of the distraining officer, is
respectable and is willing to keep the property in his custody; on such
defaulter or pound-keeper or, as the case may be, such person entering into a
bond with one or more sureties in an amount not less than the value of the
property and giving an undertaking to produce it before the distraining officer
when called for. (3) The distraining officer shall make a list of the property distrained and
shall obtain thereto the acknowledgement of the person in whose custody, the
property is left, and if possible of the defaulter and of at least one person
who in his opinion, is, respectable in attestation of the correctness of the
list. If the property distrained includes both live-stock and other articles, a
separate list of the live-stock shall be prepared and attested as aforesaid. (4) Where the live-stock or other movable property is not left in charge of
the defaulter, the expenses for feeding and watering the live-stock or for the
safe custody of the other movable property, shall be charged at such rate as
the Collector may, by general or special order, fix. The expenses so incurred
shall be first charged on the sale proceeds of the property. The provisions of rules 46 to
53 of Order XXI of the First Schedule to the Code of Civil Procedure, 1908,
regarding the attachment of movable property dealt with in those rules shall,
as far as may be, apply to the distraint of movable property made under the
Code. (1) The attachment of immovable property under Section 128 shall be effected
by an order to be issued by the Collector in Form 4 prohibiting the defaulter
from transferring or charging the property in any way and prohibiting all other
persons from taking any benefit from such transfer or charge. (2) The order shall be proclaimed by the Mamlatdar at some place on or
adjacent to such property by beat of drum or other customary mode, and a copy
of the order shall be affixed on a conspicuous part of the property and also on
the notice board of the office of the Talathi. (3) The order shall take effect as against purchasers for value in good
faith from the date when a copy thereof is affixed on the property and against
all other transferees from the defaulter from the date on which such order is
made. (1) Sales of forfeited, distrained or attached property shall ordinarily be
held in the town or village in which the property is situated. (2) Proclamations and written notices of such sales shall be issued (a) in Form 5 in the case of forfeited property; (b) in Form 6 in the case of distrained property; (c) in Form 7 in the case of attached property. Where any land or other
property is sold by public auction, an upset price shall, if the Collector
thinks fit, be placed thereon. After the sale of the
immovable property is confirmed, a certificate of sale shall be issued to the
purchaser, (a) in Form 8 where the property sold is a forfeited property; (b) in Form 9 where the property sold is an attached property. Where the sale of a movable
property becomes absolute under Section 140 or 141, the Officer conducting the
sale shall (a) deliver the property to the purchaser if the property was actually
seized; and (b) make an order vesting such property in the purchaser in any other case. (1) Where the land sold is in the possession of the defaulter or of some
person on his behalf or of some person claiming under a title created by the
defaulter after the attachment of the land or after a certificate in respect
thereof is granted under rule 14, the officer conducting the sale shall, on the
application of the purchaser, order delivery to be made by putting such
purchaser or any person whom the purchaser may appoint to receive delivery on
his behalf, in possession of land, and, if need be, forcibly remove any person,
who refuses to vacate the same. (2) Where such land is in the possession of a tenant or other person entitled
to occupy the same, the Officer conducting the sale shall, on the application
of the purchaser, order delivery to be made by affixing a copy of the
certificate granted under rule 14 in some conspicuous place on the land and by
proclaiming to the person in possession, by beat of drum or other customary
mode, that the interest of the defaulter has been transferred to the purchaser. (1) Where any sum due to any department of Government or a local authority
or a co-operative society or any institution established under an enactment is
recoverable as an arrear of land revenue from any defaulter, such department,
local authority or, as the case may be, co-operative society may send a
requisition in writing for recovering the sum to the Mamlatdar of the taluka in
which the defaulter resides or has property. (2) Such requisition shall contain the following particulars, namely:- (a) Full name and address of the defaulter; (b) The sum to be recovered; (c) The provision of law under which the sum is recoverable as an arrear of
land revenue; (d) The process by which the sum may be recovered; (e) The property against which the process may be executed. (3) On receipt of such requisition, the Mamlatdar shall dispose it of in
accordance with the provision of the Code and these rules. The warrant to be issued under
Section 129 shall be in Form 10. The security to be given under
sub-section (1) of Section 131 shall be in Form 11. GOA, DAMAN AND DIU REALISATION OF LAND REVENUE RULES,
1969
PREAMBLE