{ "id": 16352, "slug": "the-goa-daman-and-diu-mundkars-protection-from-eviction-act-1975", "title": "The Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975", "short_title": "The Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975", "act_number": "(Act No. 1 of 1976)", "act_year": 1975, "act_type": "STATE", "location": "Goa", "law_status": "unknown", "enactment_date": null, "description": "The Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975", "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) \"Administrative Tribunal\" means the Administrative Tribunal constituted under the Goa, Daman and Diu Administrative Tribunal Act, 1965;\n(b) \"agricultural labourer\" means a person whose principal means of livelihood is the income he gets as wages either in cash or in kind in connection with the agricultural operations he performs;\n(c) \"agriculture\" with its grammatical variations and cognate expressions, includes horticulture, the raising of crops of coconut, arecanut, cashew or mango gardens and dairy farming;\n(d) \"agricultural land\" means the land used either for the purpose of agriculture or for purposes ancillary thereto;\n(e) \"appointed date\" means the date on which this Act comes into force;\n(f) \"bhatkar\" means a person who owns the land on which the mundkar has a dwelling house;\n(g) \"Chief Town Planner\" means an officer appointed by the Government to enforce Town Planning Regulations in the Union territory of Goa, Daman and Diu;\n(h) \"Collector\" means the Collector of the district and includes any other officer appointed by the Government to exercise and perform the powers and functions of a Collector under this Act;\n(i) \"dwelling house\" means the house in which mundkar resides with a fixed habitation [* * *] and includes-\n(i) (a) the land on which the dwelling house is standing and the land around and appurtenant to such dwelling house, subject to a maximum limit of five meters, if the land is [on the appointed date] within the jurisdiction of a village panchayat, and two metres, if it is not within such jurisdiction, from the outer walls of the dwelling house:\n(b) three hundred square metres of land including the land on which the dwelling house is standing:\nExplanation I.\nExplanation II.\n(ii) the cattle shed, stable, pig-sty, workshop or such other structure connected with the business or profession of the mundkar; and\n(iii) the customary easement, if any, which the residents of the dwelling house have been enjoying for access to a public road or a well or any other place;\n(j) \"factory\" has the meaning assigned to it in clause (m) of section 2 of the Factories Act, 1948; Central Act\n(k) \"Government\" means the Administrator of the Union territory of Goa, Daman and Diu appointed by the President under article 239 of the Constitution;\n(l) \"local authority\" means a municipal council established under the Goa, Daman and Diu Municipalities Act, 1969 or a village panchayat established under the Goa, Daman and Diu Village Panchayats Regulation, 1962;\n(m) \"Mamlatdar\" has the meaning assigned to it in clause (c) of section 2 of the Goa, Daman and Diu Mamlatdar's Court Act, 1966; 9 of 1966.\n(n) \"member of the family\" means-\n(i) in relation to a mundkar who is an individual, his spouse, son, unmarried daughter and includes father, mother, grandson, widowed daughter, widowed granddaughter solely dependent on the mundkar for maintenance;\n(ii) in relation to a mundkar who is a joint Hindu family, the members of such a family;\n(iii) in relation to joint owners other than a joint Hindu family, the members of the family as indicated in sub-clause (i) in relation to each of such joint owners;\n(o) \"mine\" has the meaning assigned to it in clause (j) of sub-section (1) of section 2 of the Mines Act, 1952;\n(p) \"mundkar\" means a person who, with the consent of the bhatkar or the person acting or purporting to act on behalf of the bhatkar lawfully resides with a fixed habitation in a dwelling house with or without obligation to render any services to the bhatkar and includes a member of his family but does not include-\n(i) a person paying rent to the bhatkar for the occupation of the house;\n(ii) a domestic servant or a chowkidar who is paid wages and who resides in an out-house, house-compound or other portion of his employer's residence;\n(iii) a person employed in a mill, factory, mine, workshop or a commercial establishment and is residing in the premises belonging to the owner or person in charge of such mill, factory, mine, workshop or commercial establishment, in connection with his employment in such mill, factory, mine workshop or commercial establishment; and\n(iv) a person residing in the whole or part of a house belonging to another person or in an out-house existing in the compound of the house, as a care-taker of the said house or for purposes of maintaining it in habitable condition.\nExplanation.\n(q) \"person\" includes a joint Hindu Family;\n(r) \"prescribed\" means prescribed by rules made under this Act;\n(s) \"Provedoria de Assistencia Publica\" means the Institute of Public Assistance established under the enactment Legislative Diploma No. 1984 dated 14th April, 1960;\n(t) \"village artisan\" means a person whose principal means of livelihood is the income he derives from working as an artisan in a village.\nChapter II\nRights and Liabilities", "footnote": "", "is_definition": true, "sort_order": 1 }, { "number": "3", "title": "3. Rights of a mundkar to be heritable.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 2 }, { "number": "4", "title": "4. Bar to eviction from a dwelling house and restoration of possession.", "chapter": null, "content": "(i) he makes an application to the Mamlatdar, in the prescribed form, within one year from the appointed date, for the restoration of such dwelling house; and\n(ii) the bhatkar is not able to prove that-\n(a) the mundkar was evicted from the dwelling house in execution of an order of the Mamlatdar or the Administrative Tribunal or a Civil Court; or\n(b) the mundkar was paid by the bhatkar any consideration in cash or kind or given an alternative site for the construction of a dwelling house or an alternative dwelling house; or\n(c) the dwelling house has been destroyed, dismantled or removed.\nExplanation.", "footnote": "", "is_definition": false, "sort_order": 3 }, { "number": "5", "title": "5. Relief in certain cases of threatened wrongful dispossession.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 4 }, { "number": "6", "title": "6. Right of mundkar to enjoy supply of power or water or any customary easement, etc.", "chapter": null, "content": "(b) If any such supply or easement is interrupted by any act or omission of the bhatkar, the mundkar, within six months from the date on which the cause of action arose, may make an application to the Mamlatdar for an order directing the restoration of such supply or customary easement and the Mamlatdar may, after holding such inquiry as may be prescribed, pass such order as he considers fit.", "footnote": "", "is_definition": false, "sort_order": 5 }, { "number": "7", "title": "7. Mundkar to have right to repair, maintain and improve his dwelling house.", "chapter": null, "content": "Explanation\n[7A. Mundkar to have right to reconstruct, rebuild his dwelling house.", "footnote": "", "is_definition": false, "sort_order": 6 }, { "number": "8", "title": "8. Mundkar to have right to use the dwelling house for business, etc.", "chapter": null, "content": "[8A. Declaration of right.", "footnote": "", "is_definition": false, "sort_order": 7 }, { "number": "9", "title": "9. Transfer of property by bhatkar.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 8 }, { "number": "10", "title": "10. Lease holder of a mundkar how to be dealt.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 9 }, { "number": "11", "title": "11. Free services by mundkars to be abolished.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 10 }, { "number": "12", "title": "12. Grounds on which a mundkar can be evicted from his dwelling house.", "chapter": null, "content": "(a) that he has transferred his interest in the dwelling house after the appointed date;\n(b) that neither the mundkar nor any member of his family has been residing in the dwelling house for a continuous period of two years;", "footnote": "", "is_definition": false, "sort_order": 11 }, { "number": "13", "title": "13. Transfer of pending suit or other proceedings for eviction.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 12 }, { "number": "14", "title": "14. Surrender by mundkar.", "chapter": null, "content": "(i) it is made by the mundkar in writing and is admitted by him before the Mamlatdar;\n(ii) it is made voluntarily and in good faith to the satisfaction of the Mamlatdar;\n(iii) it is approved by the Mamlatdar.", "footnote": "", "is_definition": false, "sort_order": 13 }, { "number": "15", "title": "15. Right of mundkar to purchase the dwelling house.", "chapter": null, "content": "(a) when a mundkar has been permitted to occupy the dwelling house by the bhatkar for the purpose of cultivation of, or for the purpose of watching and protecting, an agricultural land of the bhatkar and is actually rendering such service and continues to render such service with or without remuneration; or\n(b) where a mundkar is an agricultural labourer or a village artisan; or\n(c) where the annual income of a mundkar, being a person belonging to Scheduled Castes or the Scheduled Tribes and not falling under clause (a) or clause (b), from all sources does not exceed rupees three thousand and six hundred;\nExplanation.\n(a) \"Scheduled Castes\" means such castes, races or tribes or parts of or groups within such castes, races or tribes as are deemed under article 341 of the Constitution to be Scheduled Castes in relation to the Union territory of Goa, Daman and Diu;\n(b) \"Scheduled Tribes\" means such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under article 342 of the Constitution to be Scheduled Tribes in relation to the Union territory of Goa, Daman and Diu.]", "footnote": "", "is_definition": false, "sort_order": 14 }, { "number": "15", "title": "16. Procedure for purchase under section 15.", "chapter": null, "content": "(i) the extent and measurement of land corresponding to the dwelling house which the mundkar is entitled to purchase;\n(ii) the purchase price payable by the mundkar and the mode of payment;\n(iii) the amount due to the bhatkar or other persons interested in the land;\n(iv) the value of encumbrances subsisting or claims for maintenance or alimony charged on the land allowed to be purchased by the mundkar;\n(v) the amount payable to the holder of the encumbrance or the person entitled to the maintenance or alimony and the order of priority in which amount is payable;\n(vi) such other particulars as may be prescribed.\n(a) Where the right, title and interest of the bhatkar is subject to any encumbrance or charge for maintenance or alimony, the purchase price shall be first paid to such person interested in such encumbrance or charge for maintenance or alimony, in the order of priority fixed under clause (v) of sub-section (4) and the balance of the amount, if any, shall be paid to the bhatkar.\n(b) If the total amount of such encumbrance, maintenance or alimony is more than the compensation payable to the bhatkar, the whole amount shall be reserved for payment to the holder of the encumbrance or the person entitled to the maintenance or alimony and no amount shall be paid to the bhatkar. After this is done, the dwelling house of the mundkar shall be declared free from any encumbrance or charge for maintenance or alimony.\n(c) Where a person entitled to the purchase price or the value of the encumbrance, maintenance or alimony dies before it is paid to him it shall be paid to his legal representatives.\n(d) Where the person entitled to receive the purchase price or the value of the encumbrance is a private trust or endowment or a minor or a person suffering from legal disability or a limited owner, the purchase price or the value of the encumbrance may, notwithstanding anything contained in any law for the time being in force, but subject to any general directions that the Government may give, be deposited for and on behalf of such person with such authority or bank as may be prescribed.\n(e) Where before any court or other authority any suit or other legal proceeding is pending which directly or indirectly affects or is likely to affect the right of any person to receive the whole or part of the purchase price or the amount of encumbrance or maintenance or alimony payable under this section, the court or other authority may require the Mamlatdar to place at its disposal the amount so payable and thereupon the same shall be disposed of in accordance with the orders of such court or other authority.\n(i) where the purchase price is proposed to be paid in a lumpsum the entire amount due, within one year; or\n(ii) where the purchase price is proposed to be paid in instalments, the first instalment thereof, within six months from the date on which the order of the Mamlatdar under sub-section (3) has become final. The second and subsequent instalment shall be deposited with the Mamlatdar with intervals of one year and in the manner prescribed:", "footnote": "", "is_definition": false, "sort_order": 15 }, { "number": "17", "title": "17. Mundkar's right to alienate.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 16 }, { "number": "18", "title": "18. Grant of loan by Government to a mundkar regarding his dwelling house.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 17 }, { "number": "19", "title": "19. Bar to attachment, seizure or sale by process of court.", "chapter": null, "content": "Chapter III\nPower, functions, appeals, etc. and maintenance of registers", "footnote": "", "is_definition": false, "sort_order": 18 }, { "number": "20", "title": "20. Commencement of proceedings.", "chapter": null, "content": "(a) the name, age, profession and place of residence of the applicant and the opposite parties;\n(b) a short description and situation of the dwelling house in respect of which the application is being made;\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 them on the day of the hearing; and\n(e) such other particulars as may be prescribed.", "footnote": "", "is_definition": false, "sort_order": 19 }, { "number": "21", "title": "21. Procedure.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 20 }, { "number": "22", "title": "22. Execution of order for payment of money or restoring possession.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 21 }, { "number": "23", "title": "23. Power to transfer proceedings.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 22 }, { "number": "24", "title": "24. Appeal.", "chapter": null, "content": "Explanation.", "footnote": "", "is_definition": false, "sort_order": 23 }, { "number": "25", "title": "25. Revision.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 24 }, { "number": "26", "title": "26. Extent of powers in appeal or revision.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 25 }, { "number": "27", "title": "27. Powers of Civil Courts to be exercised in conduct of inquiries and proceedings under this Act.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 26 }, { "number": "28", "title": "28. Limitation and court fees.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 27 }, { "number": "29", "title": "29. Register of mundkars.", "chapter": null, "content": "(a) the particulars and description of the dwelling house;\n(b) the location of the dwelling house;\n(c) the name and address of the bhatkar;\n(d) the name and address of the mundkar;\n(e) the nature and extent of service, rendered to the bhatkar or the amount of ground rent if any paid;\n(f) the occupation of the mundkar;\n(g) the rights referred to under section 6; and\n(h) such other particular as may be prescribed.\nExplanation.", "footnote": "", "is_definition": false, "sort_order": 28 }, { "number": "30", "title": "30. Presumptive value of the record.", "chapter": null, "content": "Chapter IV\nMiscellaneous", "footnote": "", "is_definition": false, "sort_order": 29 }, { "number": "31", "title": "31. Protection of action taken under the Act and bar of jurisdiction of Courts.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 30 }, { "number": "32", "title": "32. Suits involving issues required to be decided under this Act.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 31 }, { "number": "33", "title": "33. Bar on appearance by pleaders.", "chapter": null, "content": "Explanation.", "footnote": "", "is_definition": false, "sort_order": 32 }, { "number": "34", "title": "34. Penalty.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 33 }, { "number": "35", "title": "35. Offences by companies.", "chapter": null, "content": "Explanation.\n(a) \"company\", means any body corporate and includes a firm or other association of individuals; and\n(b) \"director\", in relation to a firm means a partner in the firm.", "footnote": "", "is_definition": false, "sort_order": 34 }, { "number": "36", "title": "36. Power to give directions.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 35 }, { "number": "37", "title": "37. Delegation of powers.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 36 }, { "number": "38", "title": "38. Act to over-ride other laws, etc.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 37 }, { "number": "39", "title": "39. Exemptions.", "chapter": null, "content": "Explanation.", "footnote": "", "is_definition": false, "sort_order": 38 }, { "number": "40", "title": "40. Power to make rules.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 39 }, { "number": "41", "title": "41. Repeal and saving.", "chapter": null, "content": "(a) \"Diploma Legislative No. 1952 of 26th November, 1959\" as in force on that date shall stand repealed and any proceedings pending thereunder before the \"Mamlatdar\" or any other authority shall abate,\n(b) section 17 of the Goa, Daman and Diu Agricultural Tenancy Act, 1964 shall stand repealed,\n(c) the Goa, Daman and Diu (Protection from Eviction of Mundkars, Agricultural Labourers and Village Artisans) Act, 1971 shall stand repealed and the provisions of sections 6 and 24 of the General Clauses Act, 1897; as applied to the Union territory of Goa, Daman and Diu by the Goa, Daman and Diu General Clauses Act, 1965 shall apply to such repeal.", "footnote": "", "is_definition": false, "sort_order": 40 } ], "metadata": { "Act ID": "goa049", "Act Number": "(Act No. 1 of 1976)", "Enactment Date": "", "Act Year": "1975", "Short Title": "The Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975", "Type": "STATE", "Location": "Goa" }, "updated_at": "2026-09-29 21:55:19" }