| [Goa Act No. 19 of 1989] | [7th November, 1989] |
An Act to confer tenancy right on the tenants of agricultural lands which are evacuee properties and to amend the Goa, Daman and Diu Administration of Evacuee Property Act, 1964 and the Goa, Daman and Diu Agricultural Tenancy Act, 1964 therefor and for certain other matters.
Be it enacted by the Legislative Assembly of Goa in the Fortieth Year of the Republic of India as follows:-
1. Short title and commencement.- (1) This Act may be called the Goa Administration of Evacuee Property (Amendment) Act, 1989.
(2) It shall come into force at once.
2. Amendment of section 2.- In section 2 of the Goa, Daman and Diu Administration of Evacuee Property Act, 1964 (Act 6 of 1964) (hereinafter referred to as the principal Act),-
(i) clause (a) shall be renumbered as clause (aaa) and before clause (aaa) as so renumbered, the following clauses shall be inserted, namely:-
"(a) "agriculture" includes horticulture and raising of food crops, grass and garden produce but does not include allied pursuits.
(aa) "allied pursuits" means rearing or maintaining plough bulls, breeding of livestock, dairy farming, poultry farming, grazing on grounds reserved for the purpose and such other pursuits connected with agriculture, as may be prescribed;"
(ii) after clause (f), the following clause shall be inserted, namely:-
"(ff) "lease" means a transfer of a right to enjoy land, made orally or in writing, by the evacuee for a specified, or unspecified period, and in consideration of rent;"
Published in Official Gazelle, Series 1, No. 37 dated 14-12-1989. The Act came into force on 7-11-1985.
(iii) after clause (k), the following clauses shall be inserted, namely:-
"(kk) "rent" means any consideration in money or kind or both, paid or payable by a leant on account of the use or occupation of the land held by him but shall not include the rendering of any personal service or labour;
(kkk) "tenancy" means the relationship existing between the tenant and the Custodian;
(kkkk) "tenant" means a person who on or after the date of commencement of the Goa Administration of Evacuee Property (Amendment) Act, 1989, holds land and cultivates it personally but does not include a person who holds land on lease for the purpose of plucking the fruits only;".
3. Substitution of section 3.- For section 3 of the principal Act, the following section shall be substituted, namely:-
"3. Act to overide other laws.- (1) On and from the date of coming into force of the Goa Administration of Evacuee Property (Amendment) Act, 1989, the provisions of the Goa, Daman and Diu Agricultural Tenancy Act, 1964 (Act 7 of 1964), for the time being in force, shall apply in respect of agricultural land and tenancies created by the Custodian.
(2) The provisions or this section shall, save as otherwise expressly provided, have effect notwithstanding anything to the contrary contained in any instrument having effect by virtue of any such Law.".
4. Amendment of section 8.- In section S. of the principal Act,-
(i) In sub-section (1), for the words "Subject to the provisions of any rules" the words "Save as otherwise expressly provided and subject to the provision of any rules" shall be substituted;
(ii) In sub-section (2), after clause (m), the following clause shall be inserted, namely;-
"(n) invest any money held by him in such securities as may be prescribed;".
5. Amendment of section 10.- In sub-section (1) of section 10 of the principal Act, after the words "Notwithstanding anything contained in any other law for the time being in force", the words and figure "and save as provided in section 3" shall be inserted.
6. Amendment of section 15.- In sub-section (1) of section 15 of the principal Act for the words "Subject to such rules", the words and figure "Save as provided under section 3 and subject to such rules" shall be substituted…
7. Amendment of section 23.- In section 23 of the principal Act, for the words "Any person who fails to comply with", the words and figure "Save as provided under section 3, any person who fails to comply with" shall be substituted.
8. Amendment of section 44.- In section 44 of the principal Act, for the words "Government may", the words and figures "Save as provided under section 3, the Government may" shall be substituted.
9. Amendment of section 46.- In sub-section (2) of section 46 of the principal Act, after clause (r), the following clause be shall inserted, namely;-
"(rr) the securities in which the Custodian may invest any moneys held by him;"
10. Amendment of section 56 of the Goa, Daman and Diu Agricultural Tenancy Act; 1964.- In sub-section (1) of section 56 of the Goa, Daman and Diu Agricultural Tenancy Act, 1964 (Act 7 of 1964), the words and figures "or lands vested in the Custodian under the Goa, Daman and Diu Administration of Evacuee Properly Act, 1964" shall be omitted.