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The Goa, Daman and Diu Agricultural Tenancy Act, 1964
The Goa, Daman and Diu Agricultural Tenancy Act, 1964
Sections
1. Short title, extent and commencement.
Section 12. Definitions.
Section 23. Extent of application.
Section 34. Persons deemed to be tenants.
Section 45. Right of persons holding on the date of liberation.
Section 56. Explanations.
Section 67. Question of tenancy.
Section 78. Bar to eviction and restoration of possession.
Section 89. Modes of termination of tenancy.
Section 910. Surrender by tenant.
Section 1011. Termination of tenancy by landlord.
Section 1112. Special provisions regarding termination for non-payment of rent.
Section 1213. Tenancy during usufructory mortgage.
Section 1314. Rights of tenants are heritable.
Section 1415. Sub-division, sub-letting and assignment prohibited.
Section 1516. Bar to attachment, seizure or sale by process of Court.
Section 1618. Procedure for taking possession.
Section 1818A. Tenants deemed to have purchased lands on tillers' day.
Section 18A18B. Right of tenant to purchase land where he is a minor, etc.
Section 18B18C. Mamlatdar to issue notices and determine price of land to be paid by tenants.
Section 18C18D. Purchase price payable to the landlords.
Section 18D18E. Mode of payment of purchase price by tenant.
Section 18E18F. Amount of purchase price to be applied towards satisfaction of debts.
Section 18F18G. Recovery of purchase price as arrears of land revenue.
Section 18G18H. Purchase to be ineffective on tenant-purchaser's failure to pay purchase price.
Section 18H18I. Right of tenant whose tenancy has been created after tillers' day.
Section 18I18J. Power of Mamlatdar to resume and dispose of land not purchased by the tenant.
Section 18J18K. Restrictions on transfers of land purchased under this Chapter.
Section 18K18L. Power to make rules.
Section 18L23. Maximum Rent.
Section 2324. Maximum Rent after Survey & Settlement.
Section 2425. Compensation and penalty for excess recovery of rent.
Section 2526. Liability for cost cultivation, tax, works etc.
Section 2627. Bar to recovery of any other sum from tenant.
Section 2728. Benefit of any suspension or remission of rent.
Section 2829. General.
Section 2930. Presumption as to rent and duty to give receipt.
Section 3031. Tenant's right to trees on the land.
Section 3132. Compensation for improvements made by tenant.
Section 3233. Right to erect farmhouse.
Section 3334. Maintenance of boundary marks.
Section 3435. Repairs to protective bunds.
Section 3536. Power to assume management.
Section 3637. Prescription of standards of cultivation and management.
Section 3738. Tenant's right to operate sluice gates.
Section 3839. Construction of water course through land belonging to other person.
Section 3940. Failure to pay rent to keep water course in good repair.
Section 4041. Removal or discontinuance of water course.
Section 4142. Neighbouring holder entitled to use surplus water on payment of rate.
Section 4244. Other functions of the Tribunal, etc.
Section 4445. Powers of Tribunal.
Section 4546. Commencement of Proceedings.
Section 4647. Power to transfer proceedings.
Section 4748. Execution of order for payment of money or restoring possession.
Section 4849. Appeals.
Section 4950. Revision.
Section 5051. Extent of powers in appeal or revision.
Section 5152. Limitation and Court Fees.
Section 5253. Procedure.
Section 5354. Power to make rules for survey, etc.
Section 5455. Lands held by Comunidades.
Section 5556. Exemption.
Section 5657. Delegation of powers.
Section 5758. Bar to jurisdiction of Courts.
Section 5859. Power to give directions.
Section 5960. Penalty.
Section 6060B. Offences by Companies.
Section 60B61. Rules.
Section 6162. Power to remove difficulties.
Section 62
the-goa-daman-and-diu-agricultural-tenancy-act-1964-1964.json
•
69 Sections
•
Goa
{
"id": 16290,
"slug": "the-goa-daman-and-diu-agricultural-tenancy-act-1964-1964",
"title": "The Goa, Daman and Diu Agricultural Tenancy Act, 1964",
"short_title": "The Goa, Daman and Diu Agricultural Tenancy Act, 1964",
"act_number": "Act No. 7 of 1964",
"act_year": 1964,
"act_type": "STATE",
"location": "Goa",
"law_status": "unknown",
"enactment_date": null,
"description": "The Goa, Daman and Diu Agricultural Tenancy Act, 1964",
"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": "[(1) \"Administrative Tribunal\" means the Administrative Tribunal constituted under the Goa, Daman and Diu Administrative Tribunal Act, 1965.]\n[\"(1A) \"agriculture\" includes horticulture and raising of food crops grass or garden produce, but does not include allied pursuits;\";]\n(2) \"agriculturist\" means a person who cultivates land personally;\n(3) \"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(4) \"Collector\" , means any person appointed by the Government to perform the functions of the Collector under this Act;\n(5) \"Co-operative Society\" means a society registered under the provisions of any law relating to co-operative societies for the time being in force in the particular area;\n(6) \"to cultivate\" with its grammatical variations, and cognate expressions, means to till or husband land for the purpose of raising or improving agricultural produce, whether by manual labour or machinery, or to carry on any agricultural operation thereon; and the expression \"uncultivated\" shall be construed correspondingly;\n(7) \"to cultivate personally\" means to cultivate 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) under the personal supervision of oneself or any member of one's family, by hired labour or by servants on wages payable in cash or kind but not in crop share;\nExplanation 1.\nExplanation 2.\nExplanation\nExplanation 3.\nExplanation 4.\n['(7A) \"garden\" means land used primarily for growing coconut trees, arecanut trees, cashewnut trees or mango trees;\n(7B) \"garden produce\" means any produce from a garden;';]\n(8) \"Government\" means the Government of Goa, Daman and Diu.\n(9) \"improvement\" , means, with reference to any land, any work which adds to the value of the land, and which is suitable thereto as also consistent with the purpose for which it is held, and includes-\n(a) the construction of tanks, wells, water channels, embankments and other works for storage, supply or distribution of water for agricultural purposes;\n(b) the construction of works for the drainage of land or for the protection of land from floods or from erosion of other damage from water;\n(c) the reclaiming, clearing, enclosing, levelling or terracing of land;\n(d) the erection of buildings on the land reasonably required for the convenient or profitable use of such land for agricultural purpose; and\n(e) the renewal or reconstruction of any of the foregoing works or alterations therein or additions thereto as are not of the nature of ordinary repairs; but does not include such clearance, embankment, levelling, enclosures, temporary wells, water channels and other works as are commonly made by the tenants in the ordinary course of agriculture;\n(10) \"joint family\" means an undivided Hindu family for a group or unit of persons the members of which are, by custom, joint in estate or residence;\n(11) ['(i) \"land\" means land which is used for agriculture or which is capable of being so used, but is left fallow, and includes farm buildings appurtenant to such land:\nExplanation.\n(ii) \"Khajan land\" means low land situated near creeks or riversides;\n(iii) \"Ker land\" means land having adequate irrigation or drainage facilities;\n(iv) \"Morod land\" means any other land:\n(12) \"landlord\" means a person from whom a tenant holds land on lease;\n(13) \"lease\" means a transfer of a right to enjoy land, made orally or in writing, for a specified, or unspecified period, and in consideration of rent;\n(14) \"legal representative\" means a person who represents the state of a deceased person;\n[\"(15) \"Mamlatdar\" means any person appointed by the Government to perform the duties of a Mamlatdar under this Act;\"]\n(16) \"notification\" means notification published in the Official Gazette;\n(17) \"Official Gazette\" means the Goa, Daman and Diu Government Gazette;\n(18) \"person\" includes a joint family, comunidade, temple, church, mosque or any other religious or charitable institution;\n(19) \"prescribed\" means prescribed by rules made under this Act;\n[(19A) \"purchase price\" means the price determined by the Mamlatdar under section 18C;]\n(20) \"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(21) \"serving member of the Defence Forces\" means a person in the service of the Defence Forces of the Union:\n(22) \"tenancy\" means the relationship of landlord and tenant;\n(23) \"tenant\" means a person who on or after the date of commencement of this Act holds land on lease and cultivates it personally and includes a person who is [or was] deemed to be a tenant under this Act;\n['(23A) \"tillers day\" means the date of introduction of the Goa, Daman and Diu Agricultural Tenancy (Fifth Amendment) Bill, 1976, in the Legislative Assembly;']\n(24) \"Tribunal\" means the Tribunal constituted under this Act; and\n(25) \"year\" means the year ending on the 31st day of March or on such other date as the Government may, by notification, appoint for any area.",
"footnote": "",
"is_definition": true,
"sort_order": 1
},
{
"number": "3",
"title": "3. Extent of application.",
"chapter": null,
"content": "[\"(1-A) When it is made to appear to Government that any land used for agriculture on or after the 1st July, 1962 is sought to be converted or used for any non-agricultural purpose, it may, if it considers such action necessary in the interest of agricultural production, the furtherance of the objects of this Act, or the public interest, after giving to the landlord and the tenant a reasonable opportunity of showing cause, by order prohibit such use or conversion, or permit such use or conversion, on such terms and condition, as it may specify:\n(1-B) Notwithstanding anything contained in sub-sections (1) and (1-A), Government may, when it is satisfied for reasons to be recorded that it is in the interest of agricultural production, prohibit in any local area, either absolutely or except upon such terms and conditions as may be specified, the conversion of any land used for agriculture, for any non-agricultural purpose including the raisings of crops of coconut, arecanut, cashew or mangoes. Every such order shall be published in the Official Gazette and in such other manner as may be prescribed:\n(1-C) Any person who contravenes an order passed under sub-section (1-A) or sub-section (1-B) shall be guilty of an offence under section 188 of the Indian Penal Code.\n(1-D) Government may take such action as is necessary for enforcing an order passed under sub-section (1-A) or (1-B).\"]\n(2) [The provisions of sub-section (1); (1-A) and (1-B)] shall not apply to land converted to non-agricultural use for the purpose of any industry [house construction] or other schemes of development approved by the Government.\n(3) Save as otherwise provided in this Act expressly or by necessary implication, the provisions of this Act shall apply to all tenancies of agricultural land notwithstanding any other law, custom, usage, decree or order of a court or tribunal, or any agreement or contract to the contrary.\n(4) The provisions of any other law for the time being in force relating to leases of immovable property shall in so far as they are not inconsistent with the provisions of this Act, apply to the tenancies and leases of land to which this Act applies.\nChapter II\nSecurity of Tenure",
"footnote": "",
"is_definition": false,
"sort_order": 2
},
{
"number": "4",
"title": "4. Persons deemed to be tenants.",
"chapter": null,
"content": "(i) a member of the owner's family, or\n(ii) a servant on wages payable in cash or kind but not in crop share or a hired labourer cultivating the land under the personal supervision of the owner or of any members of the owner's family, or\n(iii) a mortgagee in possession:\n(a) the Mamlatdar declares that such person is not a tenant and his decision is not reversed on appeal or revision, or\n(b) the Mamlatdar refuses to make such declaration but his decision is reversed on appeal or revision, such person shall not be deemed to be a tenant under this section:",
"footnote": "",
"is_definition": false,
"sort_order": 3
},
{
"number": "5",
"title": "5. Right of persons holding on the date of liberation.",
"chapter": null,
"content": "(i) if such person cultivated it personally for any period immediately preceding the latter date,\n(ii) if such land was not cultivated personally by the owner,\n(iii) if such person was not one of the persons mentioned in clauses (i) to (iii) of section 4, and\n(iv) if such person is restored to possession of such land in pursuance of subsection (3) of section 8.",
"footnote": "",
"is_definition": false,
"sort_order": 4
},
{
"number": "6",
"title": "6. Explanations.",
"chapter": null,
"content": "(i) where the person who lawfully cultivated the land on the relevant date is, on or before the date of coming into force of this Act, dead, his legal representative, or where there are more than one legal representative all of them jointly shall be entitled to the same rights and subject to the same obligations as the deceased person;\n(ii) where any land is held by two or more persons jointly as tenants, all such persons shall, if any one of them cultivated and continues to cultivate such land personally, be deemed to be tenants in respect of such land;\n(iii) when any land is cultivated by a widow or minor or a person who is subject to physical or mental disability or a serving member of the Defence Forces, through a tenant then notwithstanding anything contained in [Explanation (2) to clause (7) of section 2] , such tenant shall be deemed to be a tenant.",
"footnote": "",
"is_definition": false,
"sort_order": 5
},
{
"number": "7",
"title": "7. Question of tenancy.",
"chapter": null,
"content": "[\"7A. Question as to nature of land.",
"footnote": "",
"is_definition": false,
"sort_order": 6
},
{
"number": "8",
"title": "8. Bar to eviction and restoration of possession.",
"chapter": null,
"content": "(i) he applies to the Mamlatdar within six months from the day of coming into force of this Act stating that he agrees to become a tenant on the same terms and conditions as existed before and as modified by the provisions of this Act;\n(ii) he proves that the eviction was malafide and was intended to defeat the purposes of this Act; and\n(iii) he pays to the landlord the arrears of rent, if any, due from him under the terms of his tenancy or gives sufficient secure therefore:\n[\"8A. Relief in certain cases of threatened wrongful dispossession.",
"footnote": "",
"is_definition": false,
"sort_order": 7
},
{
"number": "9",
"title": "9. Modes of termination of tenancy.",
"chapter": null,
"content": "(a) by the tenant by surrender of his right to the landlord in the manner provided in section 10; or\n(b) by the landlord on the grounds specified in section 11; or\n(c) under any other specific provision of this Act.",
"footnote": "",
"is_definition": false,
"sort_order": 8
},
{
"number": "10",
"title": "10. Surrender by tenant.",
"chapter": null,
"content": "(i) the surrender is made at least one month before the commencement of the year;\n(ii) it is made by the tenant in writing and is admitted by him before the Mamlatdar;\n(iii) it is made voluntarily and in good faith to the satisfaction of the Mamlatdar;\n(iv) it is approved by the Mamlatdar; and\n(v) the conditions in clauses (a) to (d) of sub-section (4) of section 20 are satisfied.\n(i) refuse to approve the surrender, or\n(ii) submit the case to the Government for orders under the next sub-section.",
"footnote": "",
"is_definition": false,
"sort_order": 9
},
{
"number": "11",
"title": "11. Termination of tenancy by landlord.",
"chapter": null,
"content": "(a) has failed to pay the rent for any period on or before the date or dates fixed by or under this Act, or\n(b) has done any act which is destructive or permanently injurious to the land, or\n(c) has sub-divided, sub-let, or assigned any interest in the land, otherwise than as permitted under sections 14 and 15, or\n(d) has failed to cultivate the land personally, or\n(e) has used such land for a purpose other than agriculture.",
"footnote": "",
"is_definition": false,
"sort_order": 10
},
{
"number": "12",
"title": "12. Special provisions regarding termination for non-payment of rent.",
"chapter": null,
"content": "(i) direct, after hearing the landlord, that no rent shall be payable for the period of such failure of crops by the tenant, or\n(ii) direct, after hearing the tenant and the landlord, that the arrears of rent, or such part thereof as may be considered reasonable by the Mamlatdar, together with the cost of proceedings, if awarded, shall be paid within one year from the date of the order and that if before expiry of the said period the tenant fails to pay the said arrears of rent and costs the tenancy shall be deemed to be terminated and the tenant shall be liable to be evicted.",
"footnote": "",
"is_definition": false,
"sort_order": 11
},
{
"number": "13",
"title": "13. Tenancy during usufructory mortgage.",
"chapter": null,
"content": "[\"13A. Tenant's right of first purchase.",
"footnote": "",
"is_definition": false,
"sort_order": 12
},
{
"number": "14",
"title": "14. Rights of tenants are heritable.",
"chapter": null,
"content": "(a) if such tenant was a member of a joint family, to the surviving member or members of the said family, and\n(b) if such tenant was not a member of a joint family, to his, heir or heirs on the same terms and conditions on which such tenant was holding it at the time of his death.\n(a) each sharer shall hold his share as a separate tenant;\n(b) the rent payable in respect of the land leased shall be apportioned among the shares according to share allotted to them;\nExplanation.",
"footnote": "",
"is_definition": false,
"sort_order": 13
},
{
"number": "15",
"title": "15. Sub-division, sub-letting and assignment prohibited.",
"chapter": null,
"content": "(a) who is a widow, minor or a person subject to any physical or mental disability, or a serving member of the Defence Forces to sub-let such land held by her or him as a tenant, or\n(b) who is a member of a Co-operative Society and as such member to sub-let, assign, mortgage or to create a charge on his interest in the land in favour of such Society.\n[\"15A. Lands mortgaged to Government and co-operative societies.\n[Explanation.",
"footnote": "",
"is_definition": false,
"sort_order": 14
},
{
"number": "16",
"title": "16. Bar to attachment, seizure or sale by process of Court.",
"chapter": null,
"content": "[17.",
"footnote": "",
"is_definition": false,
"sort_order": 15
},
{
"number": "18",
"title": "18. Procedure for taking possession.",
"chapter": null,
"content": "[\"Chapter IIA]\nSpecial rights and privileges of tenants",
"footnote": "",
"is_definition": false,
"sort_order": 16
},
{
"number": "18A",
"title": "18A. Tenants deemed to have purchased lands on tillers' day.",
"chapter": null,
"content": "(a) in possession of the landlord or his successor in interest; and\n(b) not put to a non-agricultural use, the Mamlatdar shall notwithstanding anything contained in this Act, either suo motu or on the application of the tenant, hold an inquiry and direct that such land shall be taken from the possession of the landlord or, as the case may be, his successor in interest and shall be restored to the tenant and the provisions of this Chapter shall, in so far as they may be applicable, apply thereto, subject to the modification that the tenant shall be deemed to have purchased the land on the date on which the land is restored to him:\nExplanation.\n(a) the tenant-purchaser shall be liable to pay to the former landlord the purchase price; and\n(b) the tenant-purchaser shall be liable to pay to the Government, the dues, if any, from the tillers' day.",
"footnote": "",
"is_definition": false,
"sort_order": 17
},
{
"number": "18B",
"title": "18B. Right of tenant to purchase land where he is a minor, etc.",
"chapter": null,
"content": "(a) by the minor within one year from the date on which he attains majority;\n(b) by the successor in title of the widow within one year from the date on which her interest in the land ceases to exist;\n(c) within one year from the date on which the mental or physical disability of the tenant ceases to exist;\n(d) within one year from the date on which the tenant ceases to be a serving member of the Defence Forces:",
"footnote": "",
"is_definition": false,
"sort_order": 18
},
{
"number": "18C",
"title": "18C. Mamlatdar to issue notices and determine price of land to be paid by tenants.",
"chapter": null,
"content": "(a) all tenants who under section 18A are deemed to have purchased the lands;\n(b) all landlords of such land; and\n(c) all other persons interested therein, to appear before him on the date specified in the notice.\n(a) such tenants or such persons claiming to be tenants;\n(b) such landlords and other interested parties, who had appeared before the Mamlatdar in response to notice published under sub-section (1)\";]",
"footnote": "",
"is_definition": false,
"sort_order": 19
},
{
"number": "18D",
"title": "18D. Purchase price payable to the landlords.",
"chapter": null,
"content": "Category\n\t\t\t\tof land\nPurchase\n\t\t\t\tprice (in rupees) per hectare\n2 Garden consisting primarily\n\t\t\t\tof.-\n(a) Coconut trees\n4,000\n(b) Arecanut trees\n3,000\n(c) Mango trees\n2,500\n(d) Cashew trees\n1,600\nRice land:\n(a) Kher\n4,000\n(b) Khazan\n3,600\n(c) Morod\n1,600\nWet land where sugarcane is\n\t\t\t\tcultivated:\n2,500",
"footnote": "",
"is_definition": false,
"sort_order": 20
},
{
"number": "18E",
"title": "18E. Mode of payment of purchase price by tenant.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 21
},
{
"number": "18F",
"title": "18F. Amount of purchase price to be applied towards satisfaction of debts.",
"chapter": null,
"content": "(i) where the purchase price is paid in lumpsum, it shall be deducted from the purchase price and the balance paid to the former landlord;\n(ii) where the purchase price made payable in instalments, the Mamlatdar shall deduct such amount from such instalments towards the payment of such encumbrances:",
"footnote": "",
"is_definition": false,
"sort_order": 22
},
{
"number": "18G",
"title": "18G. Recovery of purchase price as arrears of land revenue.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 23
},
{
"number": "18H",
"title": "18H. Purchase to be ineffective on tenant-purchaser's failure to pay purchase price.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 24
},
{
"number": "18I",
"title": "18I. Right of tenant whose tenancy has been created after tillers' day.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 25
},
{
"number": "18J",
"title": "18J. Power of Mamlatdar to resume and dispose of land not purchased by the tenant.",
"chapter": null,
"content": "(i) 75 per cent of such land shall be disposed of by sale to persons belonging to the Scheduled Castes and Scheduled Tribes;\n(ii) the land remaining after disposal in the manner provided in clause (i) shall be disposed of by sale in the following order of priority, namely:-\n(a) serving member of the Defence Forces or an ex-serviceman or a freedom fighter, who agrees to cultivate the land personally;\n(b) agricultural labourers;\n(c) landless persons;\n(d) a co-operative farming society registered as such under the Maharashtra Co-operative Societies Act, 1960, as in force in the Union Territory of Goa, Daman & Diu.\nExplanation 1.\nExplanation II.\n(a) suffered imprisonment or detention for a period of not less than six months; or\n(b) become permanently incapacitated as a result of any firing or lathi charge; or\n(c) lost his job or means of livelihood or the whole or part of any of his property,",
"footnote": "",
"is_definition": false,
"sort_order": 26
},
{
"number": "18K",
"title": "18K. Restrictions on transfers of land purchased under this Chapter.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 27
},
{
"number": "18L",
"title": "18L. Power to make rules.",
"chapter": null,
"content": "(a) the manner in which the tenant should intimate the landlord and the Mamlatdar under sub-section (2) of section 18B;\n(b) the form of public notice and the manner in which it is so be published under sub-section (1) of section 18C;\n(c) any other matter which is required to be prescribed.\"]\n[Chapter III( )]\n19 to 22.\nChapter IV\nFixation of rent",
"footnote": "",
"is_definition": false,
"sort_order": 28
},
{
"number": "23",
"title": "23. Maximum Rent.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 29
},
{
"number": "24",
"title": "24. Maximum Rent after Survey & Settlement.",
"chapter": null,
"content": "(i) reduce the rent, if he is satisfied that on account of the deterioration by flood, or other cause beyond the control of the tenant, the land has been wholly or partially rendered unfit for cultivation, or\n(ii) subject to the maximum fixed under sub-section (2), enhance the rent, if he is satisfied that on account of any improvement made in the land, at the expense of the landlord, there has been an increase in the agricultural produce thereof.",
"footnote": "",
"is_definition": false,
"sort_order": 30
},
{
"number": "25",
"title": "25. Compensation and penalty for excess recovery of rent.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 31
},
{
"number": "26",
"title": "26. Liability for cost cultivation, tax, works etc.",
"chapter": null,
"content": "(b) The liability to pay irrigation cess in accordance with the provisions of any law for the time being in force, shall be that of the tenant.\n(c) The liability to pay any other rate, tax, fee, cess or other charge levied by or under any other law shall be as provided in such law and in the absence of any provision, that of the tenant.\n(b) The person from whom the costs are recovered under the preceding clause shall be entitled to recover the same or an appropriate portion thereof from any person who in law is wholly or partially liable to construct, maintain or repair the bunds;\n(c) The question as to whom are the beneficiaries of repairs to a bunds shall be determined by the Mamlatdar;\n(d) From any order passed by the Mamlatdar under this sub-section an appeal shall lie to Government whose decision shall be final]\".",
"footnote": "",
"is_definition": false,
"sort_order": 32
},
{
"number": "27",
"title": "27. Bar to recovery of any other sum from tenant.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 33
},
{
"number": "28",
"title": "28. Benefit of any suspension or remission of rent.",
"chapter": null,
"content": "Chapter V\nOther rights and liabilities",
"footnote": "",
"is_definition": false,
"sort_order": 34
},
{
"number": "29",
"title": "29. General.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 35
},
{
"number": "30",
"title": "30. Presumption as to rent and duty to give receipt.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 36
},
{
"number": "31",
"title": "31. Tenant's right to trees on the land.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 37
},
{
"number": "32",
"title": "32. Compensation for improvements made by tenant.",
"chapter": null,
"content": "(a) the amount by which the value of the land is increased by the improvement;\n(b) the condition of the improvement as at the time of application and the probable duration of its effect;\n(c) the labour and capital provided or spent by the tenant for the making of the improvement; and\n(d) any reduction or remission of rent or other advantage allowed to the tenant by the landlord in consideration of the improvement.",
"footnote": "",
"is_definition": false,
"sort_order": 38
},
{
"number": "33",
"title": "33. Right to erect farmhouse.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 39
},
{
"number": "34",
"title": "34. Maintenance of boundary marks.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 40
},
{
"number": "35",
"title": "35. Repairs to protective bunds.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 41
},
{
"number": "36",
"title": "36. Power to assume management.",
"chapter": null,
"content": "Explanation:\n(a) all legal proceedings pending and all processes, executions or attachments in force in respect of debts and liabilities enforceable against the land shall be suspended and no fresh proceedings, processes, executions or attachments shall be instituted, issued, enforced or executed in respect thereof;\n(b) the landlord shall be incompetent and the manager shall be competent:\n(i) to enter into any contract with respect of the land;\n(ii) to mortgage, charge, lease or alienate the land or any part thereof; and\n(iii) to grant valid receipts for rents or profits accruing from the land:\n(c) all powers, which if the management of the and has not been assumed, would have been exercisable by the landlord shall be exercisable by the manager who shall receive and recover all rents and profits due in respect of the land under management and for the purpose of recovering the same may exercise, in addition to the powers exercisable by the landlord the powers exercisable by a Collector for the recovery of land revenue;\n(d) from the sums received on account of the land, the manager shall pay-\n(i) the cost of management including the cost of necessary repair;\n(ii) the Government revenue and all sums due to the Government in respect of the land under management;\n(iii) the rent, if any, due to any superior holder in respect of the land;\n(iv) such periodical allowance as the Collector may from time to time fix for the maintenance and other expenses of the landlord and of such members of his family as the Collector directs; and\n(v) the cost of such improvement of the land as he thinks necessary and is approved by the Collector;\n(e) the manager shall pay to the landlord the balance, if any, remaining after the expenses referred to in clause (d) have been defrayed:\n(b) On the termination of management, the land (together with any balance of monies creditable to the landlord) shall be delivered to the landlord from whom the management was assumed if he is dead, to the person appearing to the Government to be entitled to the land.\n(c) All acts done by the manager during the period of management shall be binding on the landlord or other person to whom the land is delivered under clause (b).\n(d) The period during which the institution of any proceedings has been prohibited by clause (a) of sub-section (3) shall be excluded from the computation of the period of limitation for the institution of that proceeding.",
"footnote": "",
"is_definition": false,
"sort_order": 42
},
{
"number": "37",
"title": "37. Prescription of standards of cultivation and management.",
"chapter": null,
"content": "(i) for the first season in which the default occurs, be issued a warning;\n(ii) for the next season in which a default occurs, be liable to pay additional rent to the landlord of ten per cent over and above the rent payable by him, if the default is not due to any act of omission on the part of the landlord; and\n(iii) for the succeeding season in which the default occurs again be liable to be evicted from the land under an order of the Mamlatdar.",
"footnote": "",
"is_definition": false,
"sort_order": 43
},
{
"number": "38",
"title": "38. Tenant's right to operate sluice gates.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 44
},
{
"number": "39",
"title": "39. Construction of water course through land belonging to other person.",
"chapter": null,
"content": "(i) the water course shall be constructed through such land direction and manner as is agreed upon by the parties or failing agreement, as directed by the Mamlatdar so as to cause as little damage to the land through which it is constructed, as may be possible;\n(ii) where the water course consists of pipes, the pipes shall be laid at a depth not less than one foot and a half from the surface of the land;\n(iii) where the water course consists of water channel, the channel shall not exceed five feet in breadth;\n(iv) the applicant shall pay to the neighbouring holder such compensation for any damage caused to such land by reason of the construction of the water course or such annual rent, as the Mamlatdar may decide to be reasonable;\n(v) the applicant shall maintain the water course in a fit state of repairs;\n(vi) the applicant shall within the prescribed period execute an agreement in the prescribed form in favour of the neighbouring holder; and\n(vii) such other conditions as the Mamlatdar may think fit to impose.",
"footnote": "",
"is_definition": false,
"sort_order": 45
},
{
"number": "40",
"title": "40. Failure to pay rent to keep water course in good repair.",
"chapter": null,
"content": "(a) fails to pay the amount of compensation or the amount of the rent, it shall be recovered as an arrear of land revenue on an application being made to the Mamlatdar by the person entitled thereto;\n(b) fails to maintain the water course in a fit state of repairs shall be liable to pay such compensation as may be determined by the Mamlatdar for any damage caused on account of such failure.",
"footnote": "",
"is_definition": false,
"sort_order": 46
},
{
"number": "41",
"title": "41. Removal or discontinuance of water course.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 47
},
{
"number": "42",
"title": "42. Neighbouring holder entitled to use surplus water on payment of rate.",
"chapter": null,
"content": "[42A. Procedure for regulating the discharge of joint responsibility of tenants.\n(i) the constitution, functions and organisation of tenants associations for any local area;\n(ii) the management and regulation of sources of income of the associations such as income from trees on bunds, operation of sluice-gates, fisheries and such other sources of income as may be prescribed;\n(iii) the termination of the beneficiaries of any work, the apportionment an recovery of the cost of such work from among them;\n(iv) the manner in which works shall be executed; and\n(v) the conditions and mode of payment of Government's contribution.\nExplanation:\nChapter VI\nTribunal, Procedure and Appeals\n[43. Tribunal.",
"footnote": "",
"is_definition": false,
"sort_order": 48
},
{
"number": "44",
"title": "44. Other functions of the Tribunal, etc.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 49
},
{
"number": "45",
"title": "45. Powers of Tribunal.",
"chapter": null,
"content": "(a) proof of facts by affidavit,\n(b) summoning and enforcing the attendance of any person and examining him on oath,\n(c) compelling the production or documents,\n(d) awarding costs, and\n(e) such other powers as may be prescribed.",
"footnote": "",
"is_definition": false,
"sort_order": 50
},
{
"number": "46",
"title": "46. Commencement of Proceedings.",
"chapter": null,
"content": "(a) the name, age, profession and place of residence of the applicant and the opponents;\n(b) a short description and situation of the property of which possession is sought, or the amount of the claim, as the case may be;\n(c) the circumstances out of which the cause of action arose;\n(d) a list of the applicant's documents, if any, and of his witnesses, and whether such witnesses are to be summoned to attend or whether the applicant will produce then on the day of the hearing; and\n(e) such other particulars as may be prescribed.\n[46A. Powers of the Mamlatdar to inquire into contraventions.",
"footnote": "",
"is_definition": false,
"sort_order": 51
},
{
"number": "47",
"title": "47. Power to transfer proceedings.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 52
},
{
"number": "48",
"title": "48. Execution of order for payment of money or restoring possession.",
"chapter": null,
"content": "Explanation:",
"footnote": "",
"is_definition": false,
"sort_order": 53
},
{
"number": "49",
"title": "49. Appeals.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 54
},
{
"number": "50",
"title": "50. Revision.",
"chapter": null,
"content": "(a) that the order of the Collector was contrary to law;\n(b) that the Collector has failed to determine some material issue of law; or\n(c) that there was a substantial error in following the procedure provided by this Act, which has resulted in the miscarriage of justice.",
"footnote": "",
"is_definition": false,
"sort_order": 55
},
{
"number": "51",
"title": "51. Extent of powers in appeal or revision.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 56
},
{
"number": "52",
"title": "52. Limitation and Court Fees.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 57
},
{
"number": "53",
"title": "53. Procedure.",
"chapter": null,
"content": "Chapter VII\nSurvey, settlement and records of rights",
"footnote": "",
"is_definition": false,
"sort_order": 58
},
{
"number": "54",
"title": "54. Power to make rules for survey, etc.",
"chapter": null,
"content": "(i) the appointment, powers and functions of revenue officers;\n(ii) the grant, use and relinquishment of unoccupied land;\n(iii) the survey and classification of land and the assessment and settlement of land revenue payable under any law for the time being in force;\n(iv) the settlement of boundaries and the construction and maintenance of boundary marks;\n(v) the preparation and maintenance of records of rights;\n(vi) the realisation of land revenue or other revenue demands; and\n(vii) the procedure to be followed by the revenue officers in enquiries under the rules including provisions for appeals and revision.\nChapter VIII\nMiscellaneous",
"footnote": "",
"is_definition": false,
"sort_order": 59
},
{
"number": "55",
"title": "55. Lands held by Comunidades.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 60
},
{
"number": "56",
"title": "56. Exemption.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 61
},
{
"number": "57",
"title": "57. Delegation of powers.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 62
},
{
"number": "58",
"title": "58. Bar to jurisdiction of Courts.",
"chapter": null,
"content": "[58A. Bar on appearance by Pleaders.\nExplanation:",
"footnote": "",
"is_definition": false,
"sort_order": 63
},
{
"number": "59",
"title": "59. Power to give directions.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 64
},
{
"number": "60",
"title": "60. Penalty.",
"chapter": null,
"content": "[60A. Offences under the Act to be cognizable and compoundable.\n(a) every offence under this Act shall be cognizable; and\n(b) every such offence may, with the permission of the Court, be compoundable.",
"footnote": "",
"is_definition": false,
"sort_order": 65
},
{
"number": "60B",
"title": "60B. Offences by Companies.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 66
},
{
"number": "61",
"title": "61. Rules.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 67
},
{
"number": "62",
"title": "62. Power to remove difficulties.",
"chapter": null,
"content": "Notifications\nNotifications\nTNC/NTF - 1/65.",
"footnote": "",
"is_definition": false,
"sort_order": 68
}
],
"metadata": {
"Act ID": "goa250",
"Act Number": "Act No. 7 of 1964",
"Enactment Date": "",
"Act Year": "1964",
"Short Title": "The Goa, Daman and Diu Agricultural Tenancy Act, 1964",
"Type": "STATE",
"Location": "Goa"
},
"updated_at": "2026-09-29 21:55:19"
}