The Goa, Daman and Diu (Abolition of Proprietorship of Lands in Diu) Act, 1971

{
    "id": 16282,
    "slug": "the-goa-daman-and-diu-abolition-of-proprietorship-of-lands-in-diu-act-1971-1971",
    "title": "The Goa, Daman and Diu (Abolition of Proprietorship of Lands in Diu) Act, 1971",
    "short_title": "The Goa, Daman and Diu (Abolition of Proprietorship of Lands in Diu) Act, 1971",
    "act_number": "(Act No. 1 of 1971)",
    "act_year": 1971,
    "act_type": "STATE",
    "location": "Goa",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "The Goa, Daman and Diu (Abolition of Proprietorship of Lands in Diu) Act, 1971",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title, extent and commencement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(a) \"agriculture\" with its grammatical variations and cognate expressions, includes horticulture, the raising of crops or garden produce and dairy farming;\n(b) \"agricultural labour\" means a person whose principal means of livelihood is the income he gets as wages, in connection with the agricultural operations he performs;\n(c) \"appointed date\" means the date on which this Act comes into force;\n(d) \"Assistant Civil Administrator\" means the Mamlatdar of Diu;\n(e) \"Civil Administrator\" means the Civil Administrator of Diu;\n(f) \"to cultivate personally\" means to cultivate any land on one's own account-\n(i) by one's own labour, or\n(ii) by the labour of any member of one's family, or\n(iii) by servant on wages payable in cash or kind but not in crop share or by hired labour under one's personal supervision or the personal supervision of any member of one's family.\nExplanation.\n(i) a widow or a minor or a person who is subject to any physical or mental disability or who is a member of the Armed Forces of the Union shall be deemed to cultivate the land personally if it is cultivated by her or his servants or by hired labour;\n(ii) in the case of an undivided Hindu family, the land shall be deemed to have been cultivated personally if it is cultivated by any member of such family;\n(g) \"cultivation\" means the use of lands for the purpose of agriculture;\n(h) \"cultivating tenant\" means a person who cultivates personally any land belonging to another under an agreement, express or implied, and pays rent therefor in cash or in kind or delivers a share of the produce;\n(i) \"Government\" means the Government of Goa, Daman and Diu;\n(j) \"homestead\" means a dwelling house together with any courtyard, compound, garden, outhouse, place of worship, family graveyard, storehouse, library, office, guest-house, tanks, wells, privies, latrines, drains and boundary walls annexed or appertaining to such dwelling house;\n(k) \"land\" means any land used either for purposes of agriculture or for purposes ancillary thereto including waste land, forest land, land for pasture or sites of buildings and other structures occupied by cultivators of land, agricultural labourers and village artisans and includes,-\n(i) benefits to arise out of such land, and\n(ii) things attached to such land or permanently fixed to anything attached to such land;\n(l) \"prescribed\" means prescribed by rules made under this Act;\n(m) \"proprietor\" means a person who holds land granted to him or any of his predecessors-in-interest by the former Portuguese Government by way of gift, sale or otherwise and includes his co-sharers.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Abolition of proprietory rights.",
            "chapter": null,
            "content": "(i) all rights, title and interest of every proprietor in or in respect of all lands held by him as proprietor shall be deemed to have been extinguished; and\n(ii) all such rights, title and interest in such lands shall stand transferred to and vest in the Central Government free from all encumbrances, and every mortgage, debt or charge on any such right, title and interest in or over such lands shall be a charge on the amount of compensation payable to such proprietor under this Act;\n(iii) where under any agreement or contract made before the appointed date any rent or other dues for any period after the said date has been paid to or compounded or released by a proprietor, the same shall, notwithstanding such agreement or contract, be recoverable from the proprietor and may, without prejudice to any other mode of recovery, be realised by deduction from the compensation payable to the proprietor under this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Re-grant of certain lands to the proprietor as occupant.",
            "chapter": null,
            "content": "(a) homesteads, buildings and structures together with lands appurtenant thereto in the occupation of the proprietor, but excluding those which are in the possession of a cultivating tenant;\n(b) lands under the personal cultivation of the proprietor, not being pasture or grass lands.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Civil Administrator to take charge of lands etc., vested in Central Government.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Liability of lands for payment of land revenue from the appointed date.",
            "chapter": null,
            "content": "(i) in any case where any such land is held for the purpose of cultivation by a cultivating tenant, be one-twentieth of the rent or where the rent is in kind, the cash equivalent (which shall be determined as hereinafter provided) of one-twentieth of the rent payable by the cultivating tenant to the proprietor immediately before the 20th December, 1961;\n(ii) in the case of any other land, be calculated at such rate or rates as the Civil Administrator may fix having regard to the rent payable immediately before the 20th December, 1961, for such or similar land:\nExplanation.\n(ii) \"garden land\" means land irrigated by a well, tank, canal, river, nala or any other source of water and used for the cultivation of fruits including coconuts, arecanuts or vegetables;\n(iii) \"jirait land\" means land other than a paddy or a garden land.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Rights of certain cultivating tenants to be restored to possession of their lands.",
            "chapter": null,
            "content": "(a) the cultivating tenant had failed to pay rent to the proprietor;\n(b) the cultivating tenant had failed to cultivate the land personally;\n(c) the cultivating tenant had unlawfully sub-let the land;\n(d) the cultivating tenant had done any act which was permanently injurious or destructive to the land.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Rights of cultivating tenants to hold land as occupants.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Occupant to cultivate land personally.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Transfer of land barred.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "10",
            "title": "11. Forfeiture of land transferred in contravention of section 10.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Declaration of conferment of occupancy rights.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. Compensation to proprietors.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. Method of payment of compensation.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "15",
            "title": "15. Payment of compensation.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "16",
            "title": "16. Proprietors to deliver records to authorised officers.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "17",
            "title": "17. Duties and functions of the Assistant Civil Administrator.",
            "chapter": null,
            "content": "(a) to decide whether a person is a proprietor;\n(b) to decide whether a person is an agricultural labourer;\n(c) to decide whether a person is a cultivating tenant;\n(d) to decide the amount of rent recoverable from the proprietor under section 3;\n(e) to decide the homesteads, buildings and structures together with land appurtenant thereto and the lands under personal cultivation which are deemed to be re-granted to the proprietor under section 4;\n(f) to determine the land in respect of which occupancy rights are conferred under section 8 and the person on whom they are conferred;\n(g) to take measures for restoration of land to the cultivating tenant under section 7 and to recover compensation from the proprietor payable by him under sub-section (3) of that section; and\n(h) to decide such other matters as may be referred to him by or under this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "18",
            "title": "18. Commencement of proceedings.",
            "chapter": null,
            "content": "(a) the name, age, profession and place of residence of the applicant and the opponent;\n(b) a short description of the matter about which dispute has taken place or the amount of claim, as the case may be;\n(c) the circumstances out of which the cause of action arose;\n(d) a list of documents, if any, and of the applicant's witnesses and the information as to whether such witnesses are to be summoned to attend or whether the applicant will produce them on the day of hearing; and\n(e) such other particulars as may be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "19",
            "title": "19. Procedure.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "20",
            "title": "20. Revision.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "21",
            "title": "21. Court-fees.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "22",
            "title": "22. Bar of jurisdiction.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "23",
            "title": "23. Protection of action taken under this Act.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "24",
            "title": "24. Power to remove difficulty.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "25",
            "title": "25. Power to make rules.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        }
    ],
    "metadata": {
        "Act ID": "goa237",
        "Act Number": "(Act No. 1 of 1971)",
        "Enactment Date": "",
        "Act Year": "1971",
        "Short Title": "The Goa, Daman and Diu (Abolition of Proprietorship of Lands in Diu) Act, 1971",
        "Type": "STATE",
        "Location": "Goa"
    },
    "updated_at": "2026-09-29 21:55:19"
}