GOA LAND REVENUE CODE (AMENDMENT) ACT, 2013 THE GOA LAND REVENUE CODE (AMENDMENT) ACT, 2013 [Act No. 10 of 2013] [21st May, 2013] An Act further to amend the Goa Land Revenue Code, 1968 (Act 9 of
1969). Be it enacted by the
Legislative Assembly of Goa in the Sixty-fourth Year of the Republic of India,
as follows:-- (1)
This Act may be called the Goa Land Revenue Code (Amendment) Act,
2013. (2)
It shall come into force at once. In section 32 of the Goa
Land Revenue Code, 1968 (Act 9 of 1969) (hereinafter referred to as the
"Principal Act"),-- (i) for
sub-section (5), the following sub-section shall be substituted, namely:-- "(5)? ?If the
person fails to inform the Mamlatdar, within the period specified in
sub-section (4), he shall be liable to pay, in addition to the non-agricultural
assessment, such fine as the Government may, by notification in the Official
Gazette, specify, from time to time."; (ii) for
sub-section (6), the following sub-section shall be substituted, namely:-- "(6)
(i) For the purpose of conversion, the land in the State of Goa shall be
categorized as below:-- "A" Category:
Coastal Panchayat areas and areas of five major towns, such as, Panaji, Mapusa,
Ponda, Vasco and Margao; "B" Category:
Census Towns areas and areas of village panchayats adjoining said five major
towns and other Municipal areas; "C" Category:
Other Village Panchayat areas. (ii) ??When the land is permitted to be used from
one purpose to another, a sanad shall be granted to the holder thereof in the
prescribed form, on payment of the fees hereinbelow:-- (a)
"A" Category areas: Double the rate specified in Table
below. (b)
"B" Category areas: 1.5 times of the rate specified in
Table below (c)
"C" Category areas: As specified in Table below. TABLE Category 500 square metres and less Above 500 square metres but upto 2000
square metres Above 2000 square metres (1) (2) (3) (4) (i) Residential S1-` 60/- S2-` 45/- S3-` 35/- S4-` 25/- 1.5 times extra as mentioned in
column (2) Double the amount as mentioned in
column (ii) Commercial C1-` 250/ C2-` 200/ C3-` 150/- C4-` 100/- 1.5 times extra as mentioned in
column (2) Double the amount as mentioned in
column (2). (iii) Industry ` 50/- 1.5 times extra as mentioned in
column (2) Double the amount as mentioned in
column (2): Provided that no such fees
shall be leviable in cases where sanad is granted for the purpose of churches,
temples, mosque, gurudwaras: Provided further that when
the land to be used for the purpose of sports, health, education, charitable or
cultural institutions, the Government may, by notification in the Official Gazette,
exempt from payment of said fees." In section 33 of the
Principal Act, after sub-section (1), the following sub-section shall be
inserted, namely:-- "(1A)
Where the land has been used for dumping mining rejects or like material
without permission, the Government may impose such fine as may be
prescribed". In section 40 of the
Principal Act, in sub-section (2) the following proviso shall be inserted,
namely:-- "Provided that in case
the land is unauthorizedly occupied for the purpose of dumping mining rejects
or like material, the Collector shall proceed to remove such unauthorized
occupation.". In section 61 of the
Principal Act, in sub-section (3), for the existing proviso, the following
proviso shall be substituted, namely:-- "Provided that nothing
in this sub-section shall apply to any land acquired under the Land Acquisition
Act, 1894 (Central Act 1 of 1894), and the Director of Settlement and Land
Records shall carry out partition within six months of the receipt of mutated
land index form from the concern Mamlatdar and effect necessary changes in the
land record on the basis of records relating to possession obtained under
section 16 of the Land Acquisition Act, 1894 (Central Act 1 of 1894)". In section 62 of the
Principal Act, the following proviso shall be inserted, namely:-- "Provided that
whenever an application is received for partition of any land having an area
exceeding 4,000 square meters, approval from Town and Country Planning
Department of the Government shall be obtained: Provided further that in
case the sub-division of the plot applied for is based on Will, Inheritance, or
Partition within the family, above said approval is not required. Explanation:--For the
purposes of this section, the 'family' means and includes the blood relation
either from maternal or paternal side.". In section 96 of the
Principal Act,-- (i) for the
expression "the Mamlatdar of Taluka, and upon receipt of such report, he
shall proceed to dispose such case as prescribed:", the following shall be
substituted, namely:-- "the Mamlatdar of
Taluka alongwith fee as mentioned herein below, and upon receipt of the same,
he shall proceed to dispose such case as prescribed:-- (a)
for parcel of property upto ` 400/-1,000 square meters (b)
for parcel of property above ` 1,000/-1,000 square meters and upto
10,000 square meters (c)
for every parcel of property ` 2,000/-"; of 10,000 square
meters or part thereof, above 10,000 square meters (ii)
for the first proviso, the following proviso shall be substituted,
namely:-- "Provided that no such
fee shall be payable where the right to the land is acquired under,-- (i)
the Goa, Daman and Diu Agricultural Tenancy Act, 1964 (Act 7 of
1964); or (ii)
the Goa, Daman and Diu Mundkars (Protection from Eviction) Act,
1975 (Act 1 of 1976).". After section 96 of the
Principal Act, the following new section shall be inserted, namely:-- "97 Acquisition of the
rights by the Government Notwithstanding anything
contained in any Judgment, Order, Interim Order, or pending proceeding before
any court or the like, the Mamlatdar of the taluka shall, within a period of
fifteen days from receipt of records relating to possession obtained under Section
16 of the Land Acquisition Act, 1894 (Central Act 1 of 1894), mutate the
relevant survey record in favour of the acquiring Department of the Government
mentioned in the Award, without following the procedure as envisaged under
section 96, and submit a copy of the mutated land index form to the Director of
Settlement and Land Records for carrying out partition of the said
property.".
Preamble - GOA LAND REVENUE CODE (AMENDMENT) ACT, 2013PREAMBLE