[(a) "agriculture" includes horticulture and raising of food crops, grass and garden produce but does not include allied pursuits.
(aa) "allied pursuits" means rearing or maintaining plough bulls, breeding of livestock, dairy farming, poultry farming, grazing on grounds reserved for the purpose and such other pursuits connected with agriculture, as may be prescribed;]
[("aaa) "Custodian" means the Custodian appointed or deemed to be appointed under section 4, and includes any Deputy or Assistant Custodian of evacuee property;]
(b) "evacuee" means any person [...]
(i) who, on account of liberation of Goa, Daman and Diu, leaves or has, on or after the relevant date, left Goa, Daman and Diu for any place outside India; or
(ii) who has after the relevant date transferred to any place outside India, without the previous approval of the Custodian, his assets or any part of his assets situated in Goa, Daman and Diu; or
(iii) who, during any time before or after the relevant date, has been residing in any place outside India, and who for that reason was or is unable to occupy, supervise or manage in person his property in Goa, Daman and Diu, or whose property has ceased to be occupied, supervised or managed by any person, or is being occupied, supervised or managed by an unauthorised person:
Explanation I :
Explanation II :
[(c) "evacuee property" means any property [of an evacuee (whether held by him as owner, or as a trustee or as a beneficiary, or as a tenant or in any other capacity),] and includes any property-
(i) which has been obtained by any person from an evacuee after the relevant date, by any mode of transfer unless such transfer has been confirmed by the Custodian; or
(ii) which belongs to an intending evacuee and in respect of which a declaration is made under section 21.]
(d) "Goa, Daman and Diu" means the Union territory of Goa, Daman and Diu;
(e) "Government" means the Government of Goa, Daman and Diu;
(f) "intending evacuee" means any Portuguese national in Goa, Daman and Diu against whom any intention to settle in any place outside India is established from his conduct or from documentary evidence and who is declared as an intending evacuee under section 18;
[(ff) "lease" means a transfer of a right to enjoy land, made orally or in writing, by the evacuee for a specified, or unspecified period, and in consideration of rent;]
(g) "member of the family" of any person means any member of that family who is wholly dependent upon the earning of such person for the provision of the ordinary necessaries of life or who shares with such person in the ordinary expenses of the household to which they jointly belong or who owns property or carries on business jointly with such person;
[(gg) "mundkar" means a mundkar as defined under the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975 (Act 1 of 1976);]
(h) "Official Gazette" means the Goa, Daman and Diu Government Gazette;
[(hh) "person" includes-
(i) an individual,
(ii) a Hindu undivided family,
(iii) a company,
(iv) a firm,
(v) an association of persons or a body of individuals, whether incorporated or not,
(vi) a local authority, and
(vii) every artificial juridical person, not falling within any of the preceding sub-clauses;]
(i) "prescribed" means prescribed by rules made under this Act;
(j) "property" means property of any kind and includes any right or interest in such property;
(k) "relevant date" means the sixth day of December, 1961;
[(kk) "rent" means any consideration in money or kind or both, paid or payable by a tenant on account of the use or occupation of the land held by him but shall not include the rendering of any personal service or labour;
(kkk) "tenancy" means the relationship existing between the tenant and the Custodian;
(kkkk) "tenant" means a person who on or after the date of commencement of the Goa Administration of Evacuee Property (Amendment) Act, 1989, hold land and cultivates it personally ['but does not include a successful bidder'] for the purpose of plucking the fruits only;]
(l) "unauthorised person" means any person (whether duly empowered in this behalf by the evacuee or otherwise) who, after the relevant date, has been occupying, supervising or managing the property of an evacuee without the approval of the Custodian ["but does not include a Mundkar or tenant or deemed purchaser."] .
"(m) The words, terms and definitions not defined under the Act shall have the same meaning assigned to them under the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975 (Act of 1976)."
[3. Act to override other laws.
[1]
[2]
(i) every person who is in occupation, as on the 30th day of June, 2000, of any dwelling house situated on the evacuee property vested in the Custodian under the principal Act.-
(a) shall be deemed to be a Mundkar of his dwelling house;
(b) shall be entitled for certificates of purchase in respect of the dwelling house on payment of the price determined in accordance with the provision of the Goa, Daman and Diu Mundkars (Protection of Rights) Act, 1975 (Act No.1 of 1976); and
(c) shall also be deemed as purchaser of the purposes of the Act; and
(ii) every person evicted from his dwelling house situated on the evacuee property vested in the Custodian under the principal Act on and from the date of coming into force of this Act and up to the 30th day of June, 2000, shall be entitled to restoration of his dwelling house if he makes an application to the Mamlatdar within one year from the date of coming into force of this Act:
Chapter II
Evacuee Property and vesting thereof in the Custodian
Section 2 • The Goa, Daman and Diu Administration of Evacuee Property Act, 1964
2. Definitions.
goa-daman-and-diu-administration-of-evacuee-property-act-1964-sec-2.json
•
Section 2
{
"act_title": "The Goa, Daman and Diu Administration of Evacuee Property Act, 1964",
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"number": "2",
"title": "2. Definitions.",
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"content": "[(a) \"agriculture\" includes horticulture and raising of food crops, grass and garden produce but does not include allied pursuits.\n(aa) \"allied pursuits\" means rearing or maintaining plough bulls, breeding of livestock, dairy farming, poultry farming, grazing on grounds reserved for the purpose and such other pursuits connected with agriculture, as may be prescribed;]\n[(\"aaa) \"Custodian\" means the Custodian appointed or deemed to be appointed under section 4, and includes any Deputy or Assistant Custodian of evacuee property;]\n(b) \"evacuee\" means any person [...]\n(i) who, on account of liberation of Goa, Daman and Diu, leaves or has, on or after the relevant date, left Goa, Daman and Diu for any place outside India; or\n(ii) who has after the relevant date transferred to any place outside India, without the previous approval of the Custodian, his assets or any part of his assets situated in Goa, Daman and Diu; or\n(iii) who, during any time before or after the relevant date, has been residing in any place outside India, and who for that reason was or is unable to occupy, supervise or manage in person his property in Goa, Daman and Diu, or whose property has ceased to be occupied, supervised or managed by any person, or is being occupied, supervised or managed by an unauthorised person:\nExplanation I :\nExplanation II :\n[(c) \"evacuee property\" means any property [of an evacuee (whether held by him as owner, or as a trustee or as a beneficiary, or as a tenant or in any other capacity),] and includes any property-\n(i) which has been obtained by any person from an evacuee after the relevant date, by any mode of transfer unless such transfer has been confirmed by the Custodian; or\n(ii) which belongs to an intending evacuee and in respect of which a declaration is made under section 21.]\n(d) \"Goa, Daman and Diu\" means the Union territory of Goa, Daman and Diu;\n(e) \"Government\" means the Government of Goa, Daman and Diu;\n(f) \"intending evacuee\" means any Portuguese national in Goa, Daman and Diu against whom any intention to settle in any place outside India is established from his conduct or from documentary evidence and who is declared as an intending evacuee under section 18;\n[(ff) \"lease\" means a transfer of a right to enjoy land, made orally or in writing, by the evacuee for a specified, or unspecified period, and in consideration of rent;]\n(g) \"member of the family\" of any person means any member of that family who is wholly dependent upon the earning of such person for the provision of the ordinary necessaries of life or who shares with such person in the ordinary expenses of the household to which they jointly belong or who owns property or carries on business jointly with such person;\n[(gg) \"mundkar\" means a mundkar as defined under the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975 (Act 1 of 1976);]\n(h) \"Official Gazette\" means the Goa, Daman and Diu Government Gazette;\n[(hh) \"person\" includes-\n(i) an individual,\n(ii) a Hindu undivided family,\n(iii) a company,\n(iv) a firm,\n(v) an association of persons or a body of individuals, whether incorporated or not,\n(vi) a local authority, and\n(vii) every artificial juridical person, not falling within any of the preceding sub-clauses;]\n(i) \"prescribed\" means prescribed by rules made under this Act;\n(j) \"property\" means property of any kind and includes any right or interest in such property;\n(k) \"relevant date\" means the sixth day of December, 1961;\n[(kk) \"rent\" means any consideration in money or kind or both, paid or payable by a tenant on account of the use or occupation of the land held by him but shall not include the rendering of any personal service or labour;\n(kkk) \"tenancy\" means the relationship existing between the tenant and the Custodian;\n(kkkk) \"tenant\" means a person who on or after the date of commencement of the Goa Administration of Evacuee Property (Amendment) Act, 1989, hold land and cultivates it personally ['but does not include a successful bidder'] for the purpose of plucking the fruits only;]\n(l) \"unauthorised person\" means any person (whether duly empowered in this behalf by the evacuee or otherwise) who, after the relevant date, has been occupying, supervising or managing the property of an evacuee without the approval of the Custodian [\"but does not include a Mundkar or tenant or deemed purchaser.\"] .\n\"(m) The words, terms and definitions not defined under the Act shall have the same meaning assigned to them under the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975 (Act of 1976).\"\n[3. Act to override other laws.\n[1]\n[2]\n(i) every person who is in occupation, as on the 30th day of June, 2000, of any dwelling house situated on the evacuee property vested in the Custodian under the principal Act.-\n(a) shall be deemed to be a Mundkar of his dwelling house;\n(b) shall be entitled for certificates of purchase in respect of the dwelling house on payment of the price determined in accordance with the provision of the Goa, Daman and Diu Mundkars (Protection of Rights) Act, 1975 (Act No.1 of 1976); and\n(c) shall also be deemed as purchaser of the purposes of the Act; and\n(ii) every person evicted from his dwelling house situated on the evacuee property vested in the Custodian under the principal Act on and from the date of coming into force of this Act and up to the 30th day of June, 2000, shall be entitled to restoration of his dwelling house if he makes an application to the Mamlatdar within one year from the date of coming into force of this Act:\nChapter II\nEvacuee Property and vesting thereof in the Custodian",
"footnote": "",
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