The Goa, Daman and Diu Mundkars (Protection from Eviction) Rules, 1977

{
    "id": 16353,
    "slug": "the-goa-daman-and-diu-mundkars-protection-from-eviction-rules-1977",
    "title": "The Goa, Daman and Diu Mundkars (Protection from Eviction) Rules, 1977",
    "short_title": "The Goa, Daman and Diu Mundkars (Protection from Eviction) Rules, 1977",
    "act_number": "Published vide Notification No. RD/MND/RLS/363/75,",
    "act_year": 1977,
    "act_type": "STATE",
    "location": "Goa",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "The Goa, Daman and Diu Mundkars (Protection from Eviction) Rules, 1977",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title and commencement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definition.",
            "chapter": null,
            "content": "(a) \"Act\" means the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975 (Act 1 of 1976).\n(b) \"Form\" means a form appended to these rules;\n(c) \"Section\" means a section of the Act;\n(d) Words and expressions used, but not defined in these rules shall have the meanings assigned to them in the Act.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Right of option by the Mundkar.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Form of application for restoration of dwelling house.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Form of application and mode of enquiry in cases of threatened wrongful dispossession and restoration of supply of power or water or any customary easement.",
            "chapter": null,
            "content": "[5A. Conditions for obtaining supply of electricity or pipe water or other facility through the property adjoining the dwelling house of the Mundkar.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Fixation of compensation for the loss caused to the Bhatkar.",
            "chapter": null,
            "content": "\"6A. Fixation of compensation for the loss caused to the owner or owners of property adjoining the dwelling house of the mundkar.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Form of application for eviction of the Mundkar.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Determination of market value of the dwelling house.",
            "chapter": null,
            "content": "(a) the prices of similar lands prevailing in the vicinity of the locality;\n(b) the location of the dwelling house as to whether falling or within the jurisdiction of a village Panchayat or within an urban or in a Municipality area as the case may be;\n(c) the expenses incurred by the Bhatkar, if any, towards construction of the dwelling house;\n(d) the improvements, if any, made by the Bhatkar on the dwelling house or the site where the dwelling house stands; and\n(e) any other factors which are generally taken into account in determining the market value of land under the Land Acquisition Act, 1894.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Form of application for purchase of dwelling house by the Mundkar.",
            "chapter": null,
            "content": "(a) the name, age, profession and place of residence of the Mundkar and the Bhatkar;\n(b) a short description and situation of the dwelling house in respect of which the application is being made;\n(c) the nature and value of improvements, if any, made by the Mundkar;\n(d) statement whether the house, hut, or any structure with its materials belong, wholly or partly, to the Mundkar or the Bhatkar;\n(e) where the applicant Mundkar claims the benefit of the second proviso to sub-section (3) of section 15, a statement to that effect containing facts in support of the claims;\n(f) a statement whether the applicant is willing to pay the purchase price in instalments or in lumpsum;\n(g) a statement of exercise of option contemplated under clause (i) of section 2; and\n(h) 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.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Procedure for deposit of instalments with the Mamlatdar.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Certificate of purchase by Mundkar.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "17",
            "title": "12. Form of intimation under sub-sections (2) and (3) of section 17.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "18",
            "title": "13. Terms on which a loan may be granted under section 18.",
            "chapter": null,
            "content": "(a) the amount of loan shall not exceed seventy-five percent of the purchase price of the dwelling house and the land on which such dwelling house stands;\n(b) the amount sanctioned as loan to the Mundkar shall be paid to the Bhatkar, in adjustment of the purchase price payable by the Mundkar, after obtaining due authorization from the Mundkar;\n(c) the Mundkar shall mortgage the dwelling house and the land purchased by him to the President of India till the entire loan amount and the interest payable thereon is fully paid to the Government;\n(d) the loan shall bear an interest of six percent per annum and shall be repaid in ten equal or nearby equal annual instalments before such date as may be fixed by the Collector; the first instalment shall be payable on the expiry of one year from the drawal of the loan;\n(e) if an instalment of loan amount and the interest due thereon is not paid within the prescribed period, the Mundkar shall be liable to pay an interest of nine per cent per annum at the time of such delayed payment;\n(f) the Mundkar shall not be entitled to transfer in any way his interest in the dwelling house till the loan amount and the interest due thereon is fully repaid;\n(g) if the Mundkar commits any default in payment of any instalment of the loan amount and the interest due thereon, the balance amount of the loan to be repaid shall become immediately recoverable and Government shall be entitled to sell the dwelling house in any manner deemed suitable by the Collector and the balance amount of the loan and the interest shall be recovered from the sale proceeds and the balance, if any, shall be handed over to the defaulting Mundkar.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. Manner of conducting enquiries.",
            "chapter": null,
            "content": "(1) Any application to be presented to the Mamlatdar shall either be presented to him personally or to any other officer authorised by him in that behalf, in person, during office hours.\n(2) Where the application does not contain any of the particulars specified in section 20 or in rule 9, as the case may be, the Mamlatdar shall forthwith examine the applicant on oath and ascertain from him such of the particulars specified in section 20 or rule 9, as the case may be, as are not clearly and correctly stated in the application and shall reduce the examination to writing in the form of an endorsement on an annexure to the application which shall thereupon be deemed to be part of the application. Where the applicant requires time to obtain any of the particulars specified in section 20 or rule 9, as the case may be, the Mamlatdar shall grant him such time as may under the circumstances appear reasonable.\n(3) When the application is presented and has, if necessary, been treated in the manner specified in sub-rule (2), the Mamlatdar shall require the applicant to subscribe and verify the application in his presence in the manner following or the like effect -\n\"I, A.B. the applicant, do hereby declare that what is stated in this application is true to the best of my information, knowledge and belief\".\n(4) The Mamlatdar shall endorse the application to the effect that it was duly subscribed and verified. Where the applicant being illiterate cannot write, the verification may be written for him in the presence of the Mamlatdar and the applicant shall affix his mark or thumb impression in token of the authenticity of the verification and the Mamlatdar shall record that the verification was made in his presence at the request of the applicant and that his mark or thumb impression was so affixed.\n(5) The Mamlatdar shall reject an application:-\n(a) Where the applicant declines to make a statement on oath under sub-rule (2); or\n(b) Where the applicant is willing to make or has made a statement on oath under sub-rule (2) but fails to furnish the particulars specified in section 20 or rule 9, as the case may be, within the time fixed under sub-rule (2); or\n(c) Where it appears upon face of the application-\n(i) that the property or the relief claimed is not one of the kinds specified in the Act; or\n(ii) that the application is barred by limitation;\n(d) where the applicant declines to subscribe or verify the application as required by sub-rule (3) or (4).\n(6) Where it appears to the Mamlatdar that the subject of the application is not within his jurisdiction he shall return the application to the concerned party to be presented before the Competent Authority having jurisdiction.\n(7) Where application is admissible, the Mamlatdar shall receive the same. He shall then fix a convenient day and place for trial of the case and shall issue, at the expenses of applicant, notice in the Form VII to the opponent. He shall require the applicant to appear with his documents, if any, and summon witnesses if any, to appear on the day and at the place fixed.\n(8) Where either party requires any witness to be summoned to appear on the day and at the place fixed the Mamlatdar shall issue a summons in Form VIII for that purpose. Such summons shall be issued in duplicate, duly signed and sealed, and shall be served by delivering or tendering the copy to the person therein named or by sending it by registered post A. D. to his address or if such person cannot be found, then by affixing the copy to some conspicuous part of the place where he ordinarily resides or carries on business and on the Notice Board of the Mamlatdar's Office.\n(9) Where the applicant fails to attend or to produce his documents, if any, or to adopt measures to procure the attendance of his witnesses, if any, on the day and at the place fixed, the Mamlatdar shall reject the application whether the opponent appears or not unless the opponent admits the claim.\nExplanation.\n(10) Where in the case, mentioned in sub-rule (9) the Mamlatdar is not satisfied from the evidence before him that the notice has been duly served on the opponent and in sufficient time to enable the opponent to appear and answer on the day fixed in the notice, he shall adjourn the trial of the case and issue a fresh notice under sub-rule 7 to the opponent.\n(12) The Mamlatdar may at any stage of the proceedings order that the name of any person to whom possession of the dwelling house or any part thereof may have been transferred or the addition of whom as a party appears necessary in order to enable the court effectually and completely to adjudicate upon the issues be added as an applicant or opponent as the circumstances of the case may require:\n(13) In case of death of any party while the case is pending;\n(a) if an application is made within one month of such death, the Mamlatdar shall determine summarily who is the legal representative of the deceased party and subject to the provisions of the Act shall enter on record the name of such representative;\n(b) if no such application is made, the case shall abate as regards that party.\n(14) Where the Mamlatdar orders the name of any person to be added as opponent or enters on the record the name of any person as the legal representative of the deceased party, he shall issue to such person a notice as provided in sub-rule (7) and the trial shall proceed on the date fixed in such notice.\n(15) On the date fixed or on any day to which the proceedings may have been adjourned, the Mamlatdar shall, subject to sub-rule (9) proceed to hear all the evidence that is then and there before him and to try the relevant issues.\n(16) The Mamlatdar may after due notice to and in the presence of the parties summon and examine, as a witnesses, any person who has not been summoned or produced by any party and may call for and cause to be proved any document which has not been applied for or produced by either of the parties where he considers it expedient in the interest of justice so to do, and may, if he thinks fit, make a personal inspection of the property, in the presence of or after due notice to the parties. He shall without unnecessary delay, record a memorandum after hearing the parties on the spot, if present, of the relevant facts observed at such inspection. The Memorandum shall form a part of the record of the case.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "14",
            "title": "15. Mode of taking evidence under Rule 14.",
            "chapter": null,
            "content": "(b) In cases in which the evidence is not taken down in full in writing as aforesaid, the Mamlatdar shall, as the examination of each witness proceeds, make a memorandum of the substance of what such witness deposes and such memorandum shall be written and signed by the Mamlatdar with his own hand, and shall form a part of the record.\n(c) If the Mamlatdar is prevented from making a memorandum as required aforesaid he shall record the reasons of his inability to do so.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "16",
            "title": "16. Manner of conducting summary inquiries.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "17",
            "title": "17. Procedure for presentation and disposal of appeals and applications for revision.",
            "chapter": null,
            "content": "(b) The appeal or application shall contain the following particulars, that is to say-\n(i) the name of the appellant or the applicant, as the case may be;\n(ii) his father's name;\n(iii) his occupation and place of residence and address;\n(iv) the name of the respondent;\n(v) his father's name;\n(vi) his occupation and place of residence and address.\n(c) The appeal or application shall also contain a brief statement of facts on which the appellant or applicant relies in support of his appeal or application, and the grounds of his objection to the order or decision against which the appeal or application is made.\n(b) Where an appeal or application is sent by post, the postage on the cover containing it must invariably be fully pre-paid.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "18",
            "title": "18. Court fees to be affixed to every application, appeal or revision made under the Act.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "19",
            "title": "19. Orders.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "20",
            "title": "20. Mode of execution of the orders of the Mamlatdars.",
            "chapter": null,
            "content": "(a) by serving a notice on the person or persons in possession requiring them (with such time as may appear reasonable after receipt of the said order) to vacate the land or the dwelling house, and\n(b) if such notice is not obeyed, by removing, or deputing a subordinate to remove, any person who may refuse to vacate the same, and\n(c) if the officer removing any such person is resisted or obstructed by any person, the Mamlatdar may use such force as may be necessary, with the assistance of the police.\n(a) by serving a notice on the Bhatkar or any person acting or purporting to act on his behalf requiring him to restore to the Mundkar the enjoyment of the customary easement or supply of electricity or water (within such time as may appear reasonable after receipt of the said notice); and\n(b) if the Bhatkar or person acting or purporting to act on his behalf has had the opportunity of obeying the notice and has wilfully failed to obey it, by the attachment of his property;\n(c) where any attachment under sub-rule (b) has remained in force for six months, if the Bhatkar or the person acting or purporting to act on his behalf has not obeyed the order and the Mundkar applies to have the attached property sold, such property may be sold by public auction and out of the proceeds, the Mamlatdar may award to the Mundkar such compensation as he thinks fit, and shall pay the balance (if any), to the Bhatkar or the person acting or purporting to act on his behalf on his application;\n(d) where the Bhatkar or the person acting or purporting to act on his behalf has obeyed the order, and paid all costs which he is bound to pay, or where at the end of six months from the date of the attachment, no application, to have the property sold has been made, or if made, has been refused, attachment shall cease;\n(e) where such order has not been obeyed the Mamlatdar may in lieu of or in addition to all or any of the processes aforesaid direct that the act required to be done  may be done, so far as practicable, by the Mundkar or some other person appointed by the Court, at the cost of the Bhatkar or person acting or purporting to act on his behalf and upon the act being done, the expenses incurred may be ascertained in such manner as the Mamlatdar may direct and may be recovered as arrears of land revenue.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "29",
            "title": "21. Procedure for preparation and maintenance of register of Mundkar under Section 29.",
            "chapter": null,
            "content": "Form I\nForm I\n( See Rule 4)\nForm of application for restoration of possession under clause (i) of sub-section (2) or sub-section (3) of section 4 of the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975.\nForm of application for restoration of possession under clause (i) of sub-section (2) or sub-section (3) of section 4 of the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975.\n(Here state the circumstances in full including grounds in support of claim for protection as Mundkar).\n(Here give a list of documents, if any)\nYours faithfully,\nSignature of the applicant (Mundkar)\nForm II\nForm II\n( See Rule 5)\n[Form of application under section 5 (1)]\n[Form of application under section 5 (1)]\n(Here state the circumstances in full including the grounds for apprehension).\nYours faithfully,\nSignature of the applicant (Applicant)\nForm III\nForm III\n( See Rule 6)\n(Here state the circumstances in full including the date of disturbance).\nYours faithfully,\nSignature of the applicant (Bhatkar)\nForm IV\nForm IV\n( See Rule 7)\nApplication for eviction of Mundkar under sub-section (2) of  section 12 of the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975\nApplication for eviction of Mundkar under sub-section (2) of  section 12 of the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975\n(Here state the circumstances in full indicating the grounds prescribed in sub-section (1) of section 12 of the Act and the date on which such right to eviction accrued to the applicant).\nYours faithfully,\nSignature of the applicant (Bhatkar)\nForm V\nForm V\n( See Rule 9)\nApplication for purchase of the dwelling house under sub-section (1) of section 16 of the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975\nApplication for purchase of the dwelling house under sub-section (1) of section 16 of the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975\n(Here state all particulars as prescribed under Rule 9).\nYours faithfully,\nSignature of the applicant (Mundkar)\nForm VI\nForm VI\n( See Rule 11)\nForm of certificate of purchase under sub-section (8) of section 16 of the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975\nForm of certificate of purchase under sub-section (8) of section 16 of the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975\nVillagez\nSurvey No. and Sub-Division No.\nArea\nAssessment\nName of the recorded occupant or owners\nAmount for which purchased\n(1)\n(2)\n(3)\n(4)\n(5)\n(6)\nCollector\nForm VII\nForm VII\n( See Rule 14)\nNotice to be issued to the opponent under sub-rule (7) of rule 14 of the Goa, Daman and Diu Mundkars (Protection from Eviction) Rules, 1977.\nNotice to be issued to the opponent under sub-rule (7) of rule 14 of the Goa, Daman and Diu Mundkars (Protection from Eviction) Rules, 1977.\nSeal of the Court\nIn the Court of the Mamlatdar of ......\nMamlatdar\nForm VIII\nForm VIII\n( See Rule 14)\nSummons to be issued to a witness under sub-rule (8) of rule 14 of the Goa, Daman and Diu Mundkars (Protection from Eviction) Rules, 1977.\nSummons to be issued to a witness under sub-rule (8) of rule 14 of the Goa, Daman and Diu Mundkars (Protection from Eviction) Rules, 1977.\n(Seal of the Court)\nNo. of the case ...\nIn the Court of Mamlatdar of ...\nV/s.\nMamlatdar\nNote: If you are summoned only to produce a document and not to give evidence, you shall be deemed to have complied with the summons, if you cause said document to be produced in this Court on the day and hour aforesaid.\nNote:\nForm IX\nForm IX\n( See Rule 14)\nWarrant of arrest to be issued in respect of a witness under sub-rule (8) of rule 14 of the Goa, Daman and Diu Mundkars (Protection from Eviction) Rules, 1977.\nWarrant of arrest to be issued in respect of a witness under sub-rule (8) of rule 14 of the Goa, Daman and Diu Mundkars (Protection from Eviction) Rules, 1977.\n(Seal of the Court)\nNo. of the case ...\nIn the Court of the Mamlatdar of ...\nV/s.\nMamlatdar\nNote: If the said ... gives a personal bond of Rs. ... with one surety for the like amount to attend before this Court on the day ... of 19 ... he may be released forthwith.\nNote:\nMamlatdar\nForm X\nForm X\n( See Rule 14)\nNotice to be issued under sub-rule (9) of rule 14 of the Goa, Daman and Diu Mundkars (Protection from Eviction) Rules, 1977.\nNotice to be issued under sub-rule (9) of rule 14 of the Goa, Daman and Diu Mundkars (Protection from Eviction) Rules, 1977.\n(Seal of the Court)\nNo. of the case ...\nIn the Court of the Mamlatdar of ...\nV/s.\nMamlatdar\nForm XI\nForm XI\n( See Rule 21)\nRegister of Mundkars\nRegister of Mundkars\nName of Revenue Village...\nParticulars and description of dwelling house\nSurvey No. and Sub-Division No.\nOther particulars and description\nLocation of the dwelling house\nThe name and address of the Bhatkar\nThe name and address of the Mundkar\nThe nature and extent of service rendered to the\n\t\t\t\tBhatkar or the amount of ground rent if any paid\n1\n2\n3\n4\n5\n6\nThe occupation of the Mundkar\nRights referred to under section 6\nArea of the structures in the occupation of Mundkar\n\t\t\t\tas on the appointed day\nDistance between the outer walls of the dwelling\n\t\t\t\thouse of the mundkar and of the bhatkar or between the\nouter walls of the dwelling house of the mundkar\n\t\t\t\tand ofthe dwelling house or houses of one or more mundkars; as on\n\t\t\t\tthe appointed date\nTotal area ofthe holding of which the dwelling\n\t\t\t\thouse fonns part and\n7\n8\n9\n10\n11\n12",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        }
    ],
    "metadata": {
        "Act ID": "goa050",
        "Act Number": "Published vide Notification No. RD/MND/RLS/363/75, dated 14-2-1978",
        "Enactment Date": "",
        "Act Year": "1977",
        "Short Title": "The Goa, Daman and Diu Mundkars (Protection from Eviction) Rules, 1977",
        "Type": "STATE",
        "Location": "Goa"
    },
    "updated_at": "2026-09-29 21:55:19"
}