Daman and Diu act 009 of 1969 : The Goa, Daman and Diu Land Revenue Code, 1968

Manual of Goa Laws (Vol. II) - 827 - Land Revenue Code and Rules

The Goa, Daman and Diu Land Revenue Code, 1968 and Rules

1

Manual of Goa Laws (Vol. II) - 828 - Land Revenue Code and Rules

2

Manual of Goa Laws (Vol. II) - 829 - Land Revenue Code and Rules

The Goa, Daman and Diu Land Revenue Code, 1968

1. The Goa, Daman and Diu Land Revenue Code, 1968 (Act No. 9 of 1969) published in the Government Gazette, Series I No. 23 (Supplement) dated 4-9-1969. Section 1, 2 and 199 came into force w.e.f. 6-1-1971, Section 3 came into force w.e.f. 20-2-1971 and remaing Sections came into force w.e.f. 1-3-1971.

2. The Goa, Daman and Diu Land Revenue Code (Amendment) Act, 1978 (Act No. 9 of 1978) [29-4-78] published in the Official Gazette, Series I No. 7 dated 18-5-1978 and came into force at once.

3. The Goa, Daman and Diu Land Revenue Code (Amendment) Act , 1985 (Act No. 23 of 1985) [31-10-1985] published in the Official Gazette, Series I No. 34 dated 21-11-1985 and came into force at once.

4. The Goa, Daman and Diu Land Revenue Code (Amendment) Act, 1987 (Act No. 7 of 1987) [9-5-1987] published in the Official Gazette, Series I No. 9 dated 28-5- 1987 and came into force at once.

5. The Goa Land Revenue Code (Amendment) Act , 1988 (Act No. 14 of 1988) (21-5-1988) published in the Official Gazette, Series I No. 8 dated 27-5-1988 and came into force at once.

6. The Goa Land Revenue Code (Amendment) Act, 1989 (Act No. 4 of 1989) [25-2-1989] published in the Official Gazette, Series I No. 49 dated 09-03-1989 and deemed to came into force w.e.f. 28-11-1988.

7. The Goa Land Revenue Code (Amendment) Act, 1994 (Act No. 6 of 1994) [2-5-1994] published in the Official Gazette, Series I No. 8 dated 26-5-1994 and came into force at once.

8. The Goa Land Revenue Code (Amendment) Act, 2000 (Act No. 6 of 2000) [11-5-2000] published in the Official Gazette, Series I No. 6 dated 12-5-2000 and came into force at once.

9. The Goa Land Revenue Code (Amendment) Act, 2001 (Act No. 30 of 2001) [25-4-2001] published in the Official Gazette Series I No. 5 (Extraordinary) dated 03-5-2001 and came into force at once.

10. The Goa Land Revenue Code (Amendment) Act, 2002 (Act No. 24 of 2002 ) [20-9-2002] published in the Official Gazette, Series I No. 26 dated 26-11-2002 and came into force at once.

11. The Goa Land Revenue (Modification and Regularisation of Grants under Decree No. 3602 dated 24-11- 1917) Act 2007 (Goa Act No. 6 of 2007) [20-4-2007] published in the Official Gazette, Series I No. 3 (Extraordinary 5) dated 25-04-2007 and came into force at once.

12. The Goa Land Revenue Code Adaptation of Laws Order, 1987 published in the Official Gazette, Series I No. 31 (Extraordinary) dated 29-10-1987 and came into force w.e.f. 30^thMay, 1987.

13. The Goa Land Revenue Code (Amendment) Act, 2009 (Act No. 12 of 2009) [15-06-2009] published in the Official Gazette, Series I No. 12 dated 24-06-2009 and came into force at once.

14. The Goa Land Revenue Code (Amendment) Act, 2009 (Act No. 1 of 2010) [25-1-2010] published in the Official Gazette, Series I No. 43, dated 27^thJanuary, 2010 and come into force w.e.f. 1-3-2010.

15. Land Revenue Rules

3

Manual of Goa Laws (Vol. II) - 830 - Land Revenue Code and Rules

Arrangement of Sections

1 Short title, extent and 30 Permission for non-agricultural use commencement 31 Restriction on use

2 Definitions 32 Procedure for conversion of use of

3 Power to create, alter or abolish land from one purpose to another districts, sub-divisions, etc. 33 Penalty for so using land without

4 Appointment of revenue and survey permission offices 34 Responsibility of tenant or other

5 Chief controlling authority in person for wrongful use revenue matters 35 Power of Government to exempt

6 Function of the Collector and lands from provisions of Section 30, certain other revenue officers 32 , 33, or 34

7 Village accountant 36 Government title to mines and

8 Village officer to keep such records minerals as may be prescribed 37 Removal of encroachments on land

9 Settlement and survey officers vesting in Central Government;

10 Subordination of revenue officers provisions for penalty and other

11 Combination of offices incidental matters

12 Notification of appointments 38 Regularisation of encroachments

13 Seals 39 Value and land revenue how

14 Title of Government to lands, etc. calculated

15 Extinction of rights of public and 40 Summary eviction of person individuals in or over any public unauthorisedly occupying land road, land or path not required for vesting in Central Government use of public 41 Forfeiture and removal of property

16 Rights to trees, forest, etc. left over after summary eviction

17 Recovery of value of trees, etc., 42 Relinquishment unauthorisedly appropriated 43 Right of way to relinquished land

18 Lands may be assigned for special 44 Occupancy when not liable to purposes, and when assigned, shall process of civil court; court to give not be otherwise used without effect to Collector's certificate sanction of Collector 45 Liability of land to land revenue

19 Recovering value of natural 46 Land revenue to be a paramount products unauthorisedly removed charge on the land from certain lands 47 Forfeited holdings may be taken

20 Classes of holders of land possession of and otherwise disposed

21 Grant of land 48 To prevent forfeiture of occupancy

22 Grant of alluvial land vesting in certain persons other than occupant Government may pay land revenue

23 Disposal of interstate occupancies 49 Alluvial lands

24 Occupancy to be transferable and 50 Land revenue in case of diluvion heritable subject to certain 51 Assessment of land to land revenue restrictions 52 Reduction, suspension or remission

25 Occupants' rights are conditional of land revenue

26 Powers to grant lease 53 Responsibility for payment of land

27 Occupant to pay land revenue and revenue Government lessee to pay rent fixed 54 Receipts for land revenue

28 Saving of powers of Government 55 Revenue survey, settlement and

29 Uses to which holder of land for pur- term of settlement poses of agriculture may put his land 56 Government to direct revenue survey

4

Manual of Goa Laws (Vol. II) - 831 - Land Revenue Code and Rules

57 Survey officer may require by gene- 82 Power of Collector to correct errors, ral notice or by summons, suitable etc.

service from holders of land etc. 83 Non-agricultural assessment of

58 Assistance to be given by holders lands to be determined on basis of and others in measurement or their non-agricultural use and classification of lands having regard to urban and

59 Survey numbers and villages non-urban areas

60 Entry of survey numbers and sub- 84 Procedure for determining divisions in records non-agricultural assessment of

61 Partition lands in non-urban areas

62 Division of survey numbers into new 85 Procedure for determining survey numbers non-agricultural assessment in

63 Continuance of survey operations at urban areas commencement of Code 86 Non-agricultural assessment not to

64 Limit of sites of villages, towns and exceed three per cent. of full market cities how to be fixed value

65 City Survey how to be conducted 87 Power of Collector to fix standard 65A rate of non-agricultural assessment

66 In certain cases a survey fee to be 88 Rate of assessment of lands used for charged non-agricultural purposes

67 Sanad to be granted without extra 89 Date of commencement of non- charge -agricultural assessment

68 Power of Government to direct 90 Term of assessment fixed under original or revision settlement of sections 84 to 88 land revenue of any lands 91 Lands exempt from payment of

69 Assessment how determined non-agricultural assessment

70 Increase in average yield due to the 92 Revocation of exemption Improvement at the expense of 93 Non-agricultural assessment of holders not to be taken into account lands wholly exempt from payment

71 Settlement Officer, how to proceed of land revenue for making a settlement 94 Preparation of record of rights

72 Settlement report to be printed and 95 Record of rights published 96 Acquisition of rights to be reported

73 Submission of settlement report to 97 Omitted Government and Government 98 Register of cultivator's and crops orders thereon 99 Obligation to furnish information

74 Powers of Government to place 100 Fine for neglect to afford information surcharge or grant rebate after 101 Requisition of assistance in every ten years preparation of maps

75 Introduction or settlement 102 Intimation of transfers by

76 Publication of table of revenue rates registering officers

77 Preparation of statistical and fiscal 103 Correction of clerical errors records 104 Land records

78 Term of settlement 105 Presumption of correctness of

79 Assessment on individual survey entries in record of rights and number and sub-division register of mutations

80 Additional assessment for water 106 Bar of suits advantages 107 Record of rights at commencement

81 Continuance of settlement of Code operations at commencement of 108 Maps and other records open to Code inspection

5

Manual of Goa Laws (Vol. II) - 832 - Land Revenue Code and Rules

6

Manual of Goa Laws (Vol. II) - 833 - Land Revenue Code and Rules

171 Summons to be in writing, signed possession of land and sealed; service of summons 185 Power to give and apportion costs

172 Compelling, attendance of witness 186 Appearances before and applications to revenue officers

173 Mode of serving notice 187 Correction of error or omission

174 Procedure for attendance of 188 Appeals witnesses 189 Limitation of appeals

175 Hearing in absence of party 190 Copy of order to accompany

176 Adjournment of hearing petition of appeal

177 Mode of taking evidence in formal 191 Power of appellate authority inquiries 192 Revision

178 Writing and explanation of 193 Review of orders decisions 194 Appeal passed against review or revision

179 Summary inquiries how to be 195 Application of limitation Act, 1963. conducted 196 Stay of execution of orders

180 Formal and summary inquiries to 197 Rules as to decisions or orders be deemed judicial proceedings expressly made final

181 Ordinary inquiries how to be 198 Delegation of powers conducted 199 Power to make rules

182 Copies and translations, etc., how to 200 Penalty for breach of rules be obtained 201 Repeal

183 Arrest of defaulter to be made upon 202 Protection of action taken in good warrant faith

GOVERNMENT OF GOA, DAMAN AND DIU

Law and Judicial Department __

Notification

LD/2-A/4/68 The following Act passed by the Legislative Assembly of Goa, Daman and Diu which received the Assent of the President of India on the 31st July, 1969 is hereby published for general information.

M. S. Borkar, Under Secretary (Law).

Panaji, 1st September, 1969.

10th Bhadra, 1891.

7

Manual of Goa Laws (Vol. II) - 834 - Land Revenue Code and Rules

The Goa, Daman and Diu Land Revenue Code, 1968

(Act No. 9 of 1969)

AN

ACT

to consolidate and amend the Law relating to Land and Land Revenue in the Union territory of Goa, Daman and Diu

Whereas it is expedient to consolidate and amend the law relating to land and land revenue in the Union territory of Goa, Daman and Diu and to provide for matters connected therewith;

Be it enacted by the Legislative Assembly of Goa, Daman and Diu in the Nineteenth Year of the Republic of India, as follows:—

CHAPTER I

Preliminary

1. Short title, extent and commencement.— (1) This Act may be called the Goa¹[ ] Land Revenue Code, 1968.

(2) It extends to the whole of the²[State of Goa].

(3) It shall come into force on such date as the Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different areas and for different provisions of this Code.

2. Definitions.— In this Code, unless the context otherwise requires,—

(1) "agriculture", with its grammatical variations and cognate expressions, means raising of useful or valuable products which derive nutriment from the soil with the aid of human labour and skill and includes horticulture, dairy farming, poultry farming, stock breeding and grazing;

3 [(1A) "Alvara" means an Alvara granted under the Decree No. 3602 dated 24-11-1917;

(1B) "Alvara holder" means a person who has been granted an Alvara; (1C) "appointed day" means the 1^stday of March, 1971;]

(2) "boundary mark" means any erection, whether of earth, stone or other material, and also any hedge, unploughed ridge, or strip of ground, or other object, whether natural; or artificial, set up, employed, or specified by a survey officer or revenue officer having authority in that behalf, in order to` designate the boundary of any division of land;

8

Manual of Goa Laws (Vol. II) - 835 - Land Revenue Code and Rules

(3) "building" means any structure, not being a farm building;

(4) "building site" means a portion of land held for building purposes, whether any building be actually erected thereupon or not, and includes the open ground or court yard enclosed by, or appurtenant to, any building erected thereupon;

(5) "class of land" means any of the following classes of land, namely, dry crop, rice, garden land or non-arable;

(6) "classification value" means the relative valuation of land as recorded in the survey records having regard to its soil, water, situation and other advantages; 4 [(6A) "coastal village" means any tract of land adjoining the sea which the Government may, by notification in the Official Gazette, declare to be a coastal village.]

(7) "Collector" means the Collector of the district and includes any officer appointed by the Government to exercise and perform all or any of the powers and functions of a Collector under this Code;

(8) "commencement of this Code", in relation to any provision, means the date specified in respect of that provision in a notification under sub-section (3) of section 1;

(9) "competent authority", in relation to any provision, means any officer appointed by the Government to be the competent authority for the purpose of that provision; 5 [(9A) "contract of emphyteusis" means contract of emphyteusis granted under the Decree No. 3602 dated 24-11-1917;

(9B) "Decree" means the erstwhile Portuguese Decree No. 3602 dated 24-11-1917;]

(10) "family" means, in relation to a person, the wife or husband of such person, his children, grandchildren, parents and brothers, and in the case of a joint Hindu family, any member of such family;

(11) "farm building" means a structure erected on land assessed or held for the purpose of agriculture for all or any of the following purposes connected with such land or any other land belonging to or cultivated by the holder thereof, namely:—

(a) for the storage of agricultural implements, manure or fodder,

(b) for the storage of agricultural produce,

(c) for sheltering cattle,

(d) for residence of members of the family, servants or tenants of the holder, or

(e) for any other purpose which is an integral part of his cultivating arrangement;

(12) "gaothan land" means the land situated within the existing limits of the site of a village, town or city and includes the land which may be so determined under section 64 of the Code;

(13)⁶["Government" means "the Government of Goa" except in respect of sections 161 and 162, in which it means both the Central Government and the Government of Goa]

4 Inserted by the Amendment Act 12 of 2009 published in the O. G., Series I No. 12 (Ext. No. 2) dtd. 24-6-2009.

5 Inserted by the Goa Act 6 of 2007.

9

Manual of Goa Laws (Vol. II) - 836 - Land Revenue Code and Rules

(14) "Government lessee" means a person holding land from Government under a lease as provided in section 26;

(15) "group" means all lands in a zone, which in the opinion of the Government or an officer authorised by it in this behalf are sufficiently homogeneous in respect of the factors enumerated in sub-section (2) of section 69 to admit of the application-to them of the same standard rates for the purpose of assessment of land revenue;

(16) "holder" means a person lawfully in possession of land, whether such possession is actual or not;

(17) "holding" means a portion of land held by a holder;

(18) "improvement", in relation to any land, means any work which materially adds to the value of the land and which is suitable to the land and consistent with the purpose for which it is held and which, if not executed on the holding, is either executed directly for its benefit or is, after execution, made directly beneficial to it; and subject to the foregoing provisions, includes—

(i) the construction of tanks, wells, water-channels and other works for the storage, supply and distribution of water for agricultural purposes or for human use or for cattle employed in agriculture;

(ii) the construction of works for the drainage of land or for the protection of land from floods or from erosion or from other damage by water;

(iii) the preparation of land for irrigation;

(iv) the conversion of single crop land into double or multiple crop land;

(v) the reclaiming, clearing, enclosing, levelling or terracing of land used for agricultural purposes;

(vi) the erection on land or in the immediate vicinity thereof, otherwise than on the village site, of a building or house for the occupation of the tenant, his family and servants or a cattle-shed, a storehouse or other construction for agricultural purposes or of any building required for the convenient or profitable use or occupation of the land; and

(vii) the renewal or reconstruction of any of the foregoing works or such alterations therein or additions thereto as are not of the nature of ordinary repairs;

(19) "land" includes benefits to arise out of land, and things attached to the earth, or permanently fastened to anything attached to the earth or other defined portions thereof;

(20) "land revenue" means all sums and payments, in money received or legally claimable by or on behalf of the Government from any person on account of any land or interest in or right exercisable over land held by or vested in him, under whatever designation such sum may be payable and any cess or rate authorised by the Government under the provisions of any law for the time being in force; and includes premium, rent,

6 Substituted by the Goa Land Revenue Code Adaptation of Laws Order 1987.

10

Manual of Goa Laws (Vol. II) - 837 - Land Revenue Code and Rules lease money, or any other payment provided under any Act, rule, contract or deed on account of any land;

(21) "minor" means a person who is deemed not to have attained majority under the Indian Majority Act, 1875;

(22) "non-agricultural assessment" means the assessment fixed on any land under the provisions of this Code or rules made thereunder with reference to the use of the land for a non-agricultural Purpose;

(23) "occupancy" means a portion of land held by an occupant;

(24) "occupant" means a holder in actual possession of land, other than a tenant or Government lessee; provided that, where a holder in actual possession is a tenant, the land holder shall be deemed to be the occupant;

(25) "occupation" means possession;

(26) "to occupy land" means to possess or to take possession of land;

(27) "Official Gazette" means the Goa, Daman and Diu Government Gazette;

(28) "pay", "payable" and "payment", used with reference to land revenue or rent, includes "deliver", "deliverable" and "delivery";

(29) "prescribed" means prescribed by rules made under this Code;

(30) "revenue officer" means every officer of any rank whatsoever appointed under any of the provisions of this Code, and employed in or about the business of the land revenue or of the surveys, assessment, accounts, or records connected therewith;

(31) "settlement" means the result of the operations conducted in a zone in order to determine the land revenue assessment;

(32) "standard rate" means, with reference to any particular class of land in a group, the value of four hundredths of the average yield of crops per hectare on land in that class of one hundred paise classification value;

(33) "survey mark" means, for the purposes of this Code, a mark erected for purposes of cadastral survey of land;

(34) "survey number" means a portion of land of which the area and assessment are separately entered, under an indicative number in the land records;

(35) "tenant" means a person who cultivates or holds the land of another person under an agreement, express or implied, on condition of paying rent therefor and includes a person deemed to be a tenant under the Goa, Daman and Diu Agricultural Tenancy Act, 1964; but does not include a lessee holding directly under the Government;

(36) "term of settlement" means the period for which the Government has declared that a settlement shall remain in force;

11

Manual of Goa Laws (Vol. II) - 838 - Land Revenue Code and Rules

(37) "Tribunal" means the Administrative Tribunal constituted under the Goa, Daman and Diu Administrative Tribunal Act, 1965, or any other Tribunal constituted by the Government for this purpose;

(38) "urban area" means the area for the time being included within the limit of any municipal corporation or municipality constituted under any law for the time being in force or of any village or group of villages, which may be notified by the Government as urban area, regard being had to the density of population and of buildings in the area; and the expression "non-urban area" shall be construed, accordingly;

(39) "village" means any tract of land which before the commencement of this code was recognised as or was declared to be a village under any law or usage for the time being in force or which may after such commencement be recognised as a village at any settlement or which the Government may, by notification in the Official Gazette, declare to be a village; and includes a town, a city and all the land composed in a village, town or city for the purposes of this code;

(40) "year" means the agricultural year commencing on such date as the Government may, in the case of any specified area, by notification in the Official Gazette, appoint;

(41) "zone" means a local area comprising a taluka or a group of talukas or portions thereof of one or more districts, which, in the opinion of the Government or an officer authorised by it in this behalf, is contiguous and homogenous in respect of—

(i) physical configuration,

(ii) climate and rainfall,

(iii) principal crops grown in the area, and

(iv) soil characteristics.

CHAPTER II

Revenue Divisions, Revenue Officers and their appointment.

3. Power to create, alter or abolish districts, sub-divisions, etc.— (1) The Government may, by notification in the Official Gazette, constitue the territories, to which this Code extends, into one or more districts, and may similarly divide any district into sub-divisions, sub-divisions into talukas and talukas into villages and may alter the limits of; or abolish, any district, sub-division or taluka.

(2) The Collector may by an order published in the prescribed manner arrange the villages in a taluka which shall constitute a saza; and the sazas in a taluka which shall constitute a circle, and may alter the limits of, or abolish, any saza or circle, so constituted.

(3) The districts, sub-divisions, talukas, circles and sazas existing at the commencement of this code shall continue respectively to be the districts, sub-divisions, talukas, circles and sazas under this code unless otherwise provided under sub-section (1) or (2).

12

Manual of Goa Laws (Vol. II) - 839 - Land Revenue Code and Rules

4. Appointment of revenue and survey officers.— The Government, or such officer as may be authorized by Government in this behalf, may appoint the following classes of revenue and survey officers, namely:—

(a) Collector, including Additional Collector;

(b) Director of Settlement and Land Records;

(c) Assistant Collectors and Deputy Collectors;

(d) Survey and Settlement Officers;

(e) Superintendent of Surveys and Land Records;

(f) Assistant Survey and Settlement Officers;

(g) Inspectors of Surveys and Land Records;

(h) Mamlatdars, including Joint Mamlatdars;

(i) Awalkarkuns;

(j) Revenue Inspectors;

(k) Village Accountants or Talathis; and

(1) Such other village officers and servants as may be specified by rules made under this Code.

5. Chief controlling authority in revenue matters.— The chief controlling authority in all matters connected with the land revenue shall be the Government.

6. Function of the Collector and certain other revenue officers.— (1) Each district shall be placed under the charge of a Collector who shall be in charge of the revenue administration of the district and exercise the powers and discharge the duties of the Collector under this Code or any other law for the time being in force and shall exercise such other powers of superintendence and control within the district and over the officers subordinate to him as may, from time to time, be prescribed.

(2) Each sub-division shall be placed under the charge of an Assistant or Deputy Collector who shall, subject to the provisions of Chapter XII, perform all the duties and functions and exercise all the powers conferred upon a Collector by this Code or any law for the time being in force, in relation to the sub-division in his charge. Such Assistant or Deputy Collector shall be called a Sub-Divisional Officer:

Provided that the Collector may whenever he may deem fit direct any such Sub-Divisional Officer not to perform certain duties or exercise certain powers and may reserve the same to himself or assign them to any Assistant or Deputy Collector subordinate to the Collector.

(3) Each Taluka shall be placed under the charge of a Mamlatdar.

(4) The duties and powers of the Mamlatdars and other revenue officers shall be such as may be imposed or conferred on them by or under this Code or any other law for the time being in force or by any general or special order of the Government published in the Official Gazette:

13

Manual of Goa Laws (Vol. II) - 840 - Land Revenue Code and Rules Provided that in case of appointment of Additional Collectors or Joint Mamlatdars by Government in such number as it may deem necessary in each district, such officers shall exercise such of the powers and discharge such of the duties of the Collector, the Sub-Divisional Officer or the Mamlatdar under this Code or any other law for the time being in force As the Government may direct specifically, by notification, in this behalf.

Explanation:—

(a) An Additional Collector shall not be subordinate to the Collector in the district,, except in such matters as Government may, by general or special orders, specify in this behalf.

(b) An Assistant Collector or Deputy Collector shall not be subordinate to the Sub-Divisional Officer in the Sub-Division except in such matters as the Government may, by general or special orders, specify in this behalf.

(c) A Joint Mamlatdar shall not be subordinate to the Mamlatdar in the Taluka except in such matters as the Government may, by general or special orders, specify in this behalf.

7. Village accountant.— (1) It shall be lawful for the Government to appoint a village accountant or talathi for a village or a group of villages.

(2) The village accountant shall perform all the duties as hereinafter prescribed by this Code or any other law for the time being in force and shall be assisted by such village servants as may be appointed from time to time.

8. Village officer to keep such records as may be prescribed.— Government may prescribe from time to time what registers, accounts and other records shall be kept by the village officers.

9. Settlement and survey officers.— The officers specified in clauses (b), (d), (e), (f) and (g) of section 4 shall have power to take cognisance of all matters connected with the survey of land and the settlement of land revenue rates and the preparation and maintenance of land records and other registers and shall exercise all such powers and perform all such duties as may be prescribed.

10. Subordination of revenue officers.— All revenue officers shall be subordinate to the Government; and subject to the Explanation to section 6 all revenue officers in the district or sub-division or taluka shall be subordinate to the Collector or the Sub-Divisional Officer or the Mamlatdar, as the case may be.

11. Combination of offices.— It shall be lawful for the Government to appoint one and the same person to any two or more of the offices provided for in this Chapter, to make any appointment by virtue of office and also to confer on any officer of the Government all or any of the powers and duties of any revenue officer.

12. Notification of appointments.— All appointments made under this Chapter except appointments of Awal Karkuns, revenue inspectors and village accountants and other village officers and servants shall be notified in the Official Gazette; but the

14

Manual of Goa Laws (Vol. II) - 841 - Land Revenue Code and Rules appointment shall take effect from the date on which an officer assumes charge of his office.

13. Seals.— The Government shall, from time to time, by notification in the Official Gazette, specify the revenue officers who shall use a seal and also the size and description of the seal which each such officer shall use.

CHAPTER III

Of lands

14. Title of Government to lands, etc.— (1) All lands, public roads, lanes and paths and bridges, ditches, dikes and fences on or beside the same, the bed of the sea and of harbours and creeks below the high water mark, and of rivers, streams, nallas, lakes and tanks, and all canals and water courses, and all standing and flowing water and all rights in or over the same or appertaining thereto, which are not the property of any person, are and are hereby declared to be the property of the⁷[ ] Government subject to right of way, and all other rights, public and individual, legally subsisting.

Explanation:— In this section, "high water-mark" means the highest point reached by ordinary spring tides at any season of the year.

(2) Unless it is otherwise expressly provided in any law for the time being in force or in the terms of a grant made by the Government, the right to mines, minerals and mineral products shall vest in the⁸[ ]Government and it shall have all the powers necessary for the proper enjoyment of such rights.

(3) Where any property or any right in or over any property is claimed by or on behalf of the⁹[ ] Government or by any person as against the¹⁰[ ] Government and the claim is disputed, such dispute shall, after due notice has been given and after holding a formal inquiry, be decided by the Collector or¹¹[an officer authorised by the Government in this behalf.].

(4) Any person aggrieved by an order made under sub-section (3) or in appeal or revision there from may institute a civil suit to contest the order within a period of one year from the date of such order, and the decision of the civil court shall be binding on the parties.

(5) Any suit instituted in any civil court after the expiration of one year from the date of any order passed under sub-section (3) or, if appeal or revision application has been made against such order within the period of limitation, then from the date of any order passed by the appellate or revisional authority, shall be dismissed (though limitation has not been set up as a defence) if the suit is brought to set aside such order or if the relief claimed is inconsistent with such order, provided that the plaintiff has had due notice of such order.

15

Manual of Goa Laws (Vol. II) - 842 - Land Revenue Code and Rules

(6) Any person shall be deemed to have had due notice of an inquiry or order under this section if notice thereof has been given in accordance with rules made in this behalf by the Government.

15. Extinction of rights of public and individuals in or over any public road, land or path not required for use of public.— (1) Whenever it appears to the Government that any public road, lane or path which is the property of the¹²[ ] Government, or part thereof, is not required for the use of the public, the Government may, by a notification published in the Official Gazette, make a declaration to such effect, stating in such declaration that it is proposed that the rights of the public as well as of all individuals in or over any such road, lane or path, or part thereof, as the case may be, shall be extinguished. On the publication of such notification, the Collector shall, as soon as possible, cause public notice of such declaration to be given at convenient places on, or in the vicinity of such road, lane or path, or part thereof, as the case. may be. Such declaration and notice shall specify, as far as practicable, the situation and limits of such road, lane or path, or part thereof, and shall invite objections to the aforesaid proposal.

(2) Any member of the public or any person having any interest or right, in addition to the right of public highway, in or over such road, lane or path, or part thereof, or having any other interest or right which is likely to be adversely affected by the proposal may, within ninety days after the issue of the notification under sub-section (1), state to the Collector in writing his objections to the proposal, the nature of such interest or right and the manner in which it is likely to be adversely affected, and the amount and particulars of his claim to compensation for such interest or right:

Provided that the Collector may allow any person to make such a statement after the period of ninety days after the issue of the notification under sub-section (1), if he is satisfied that such person had sufficient cause for not making it within the said period.

(3) The Collector shall give every person who has made a statement to him under sub-section (2), an opportunity of being heard either in person or by pleader and shall, after hearing all such persons in such manner and after making such further inquiry, if any, as he thinks, necessary, determine the amount of compensation, if any, which should, in his opinion, be given in any case in respect of any substantial loss or damage likely to be caused by the proposed extinction of the rights of the public as well as of individuals as aforesaid. The provisions of Sections 9, 11, 12, 13, 14 and 15 of the Land Acquisition Act, 1894, shall, so far as may be, apply to the proceedings held by the Collector for the determination of the amount of compensation under this sub-section:

Provided that no compensation shall be awarded for the extinction or diminution of the right of public highway over such road, lane or path or part thereof.

(4) The Collector shall submit to the Government the record of the proceedings held by him with a report containing his recommendations on the objections, if any, received by him and stating the amounts of compensation, if any, which, in his opinion, are payable to any persons.

16

Manual of Goa Laws (Vol. II) - 843 - Land Revenue Code and Rules

(5) If the Government its satisfied after considering the record of the proceedings and the report, if any, made under sub-section (4), that the public road, lane or path, or part thereof, specified in the notification under sub-section (1), is not required for the use of the public, a declaration shall be published in the Official Gazette that all rights of the public as well as of individuals in or over such road, lane or path or part thereof are extinguished; and all such rights shall thereupon be extinguished, and such road, lane or path, or part thereof, shall be at the disposal of the Government with effect from the date of such declaration.

(6) The decision of the Collector regarding the amount of compensation and the person to whom such compensation, if any, is payable, shall, subject to any modification made by the Government, be final, and payments shall be made by the Collector to such persons accordingly.

16. Rights to trees, forest, etc.— (1) The right to all trees, jungles or other natural products growing on land set apart for forest reserves and to all trees, brush wood, jungle or other natural product, wherever growing, except in so far as the same may be the property of any person, shall vest in the¹³[ ] Government, and such trees, brush wood, jungle or other natural product shall be preserved or disposed of in such manner as may be deemed fit by Government.

(2) All road-side trees which have been planted and reared by or under the orders or at the expense of the Government and all trees which have been planted and reared by the side of any road belonging to the¹⁴[ ] Government (but not on any land belonging to any person) shall vest in the¹⁵[ ]Government.

(3) The Government may, by order, prohibit cutting, gathering, removing the timber of teak, black-wood, sandalwood trees and such other trees as may be mentioned therein, which exist in the property of any person, and thereupon such trees shall not be cut down, gathered or removed, without the permission of the competent authority.

(4) Any act interfering with trees, their timber, foliage etc. mentioned in the preceding sub-sections, shall be deemed to be an offence under section 188 of the Indian Penal Code.

17. Recovery of value of trees, etc., unauthorisedly appropriated.— Any person who shall unauthorisedly fell and appropriate any tree or any portion thereof which is the property of the¹⁶[ ] Government shall be liable to the Government for the value thereof, which shall be recoverable from him as an arrear of land revenue, in addition to any penalty to which he may be liable under the provisions of this Code for the occupation of the land or otherwise and notwithstanding any criminal proceedings which may be instituted against him in respect of his said appropriation of¹⁷[ ] Government property.

18. Lands may be assigned for special purposes, and when assigned, shall not be otherwise used without sanction of Collector.— Subject to the general orders of the

17

Manual of Goa Laws (Vol. II) - 844 - Land Revenue Code and Rules Government, it shall be lawful for a survey officer during the course of survey operations under this Code, and at any other time, for the Collector, to set apart unoccupied lands (not in the lawful occupation of any person), in villages or parts thereof for forest or fuel reserve, for free pasturage of village cattle or for grass or fodder reserve, for burial or cremation ground, for gaothan, for camping ground, for threshing floor, for bazaar, for skinning ground, for public purposes such as roads, lanes, parks, drains or for any other public purpose; and the lands assigned shall not be otherwise used without the sanction of the Collector and in the disposal of lands under section 21 due regard shall be had to all such special assignments.

19. Recovering value of natural products unauthorisedly removed from certain lands.— Any person who unauthorisedly removes from any land which is set apart for a special purpose or from any land which is the property of the¹⁸[ ] Government any natural product (not being trees) shall be liable to the Government for the value thereof, and in addition, to a fine not exceeding five times the value, of the natural product so removed. Such value and fine shall be recoverable from him as an arrear of land revenue.

Of the Grant of Land

20. Classes of holders of land.— (1) Land granted under the provision of this Code or any other law shall be held under one of the following classes of holders as may be specified in the order of grant:

(a) Occupants —Class I

(b) Occupants — Class II

(c) Government lessees.

(2) Occupants — Class I — are persons who shall be entitled to hold land in perpetuity and without any restrictions on the right to transfer.

(3) Occupants — Class II — are persons who shall be entitled to hold land in perpetuity but subject to such restrictions on the right to transfer as may be prescribed by rules.

(4) Government lessees — are persons who are entitled to hold land for a fixed period under a lease from Government granted under section 26.

21. Grant of land.— (1) Subject to the rules made in this behalf, the Government may grant land belonging to or vesting in the¹⁹[ ] Government for agricultural purposes or for non-agricultural purposes as may be specified in the order of grant.

(2) Such rules may provide inter alia for the following matters, namely:—

(a) the extent to which land shall be granted for specified purposes;

(b) the occupancy price payable for the land and the mode of its payment;

18

Manual of Goa Laws (Vol. II) - 845 - Land Revenue Code and Rules

(c) cases in which no occupancy price may be charged or in which concessional occupancy price may be charged;

(d) the order of priority to be observed when land is granted for agricultural purposes;

(e) the conditions subject to which the land is granted;

(f) the penalty for breach of the conditions of grants;

(g) the cases in which the power of grant of land shall be exercised by the Collector or the Mamlatdar.

22. Grant of alluvial land vesting in ²⁰[ ] Government.— (1) Where it appears to the Collector that any alluvial land, which vests under any law for the time being in force in the²¹[ ] Government, may, with due regard to the interests of the public revenue, be disposed of, he shall, subject to the rules made in this behalf, offer the same to the occupant (if any) of the bank or shore on which such alluvial land has formed. The occupancy price of the land so offered shall not exceed half the market value of the land.

(2) If the occupant does not accept the offer, the land may be disposed of by auction.

Explanation:— For the purpose of this section, notwithstanding anything contained in clause (24) of section 2, if the bank or shore has been mortgaged with possession, the mortgagor shall be deemed to be the occupant thereof.

23. Disposal of intestate occupancies.— (1) If an occupant dies intestate and without known heirs, the Collector shall take possession of his occupancy and may lease it for a period of one year at a time.

(2) If within three years of the date on which the Collector takes possession of the occupancy, any claimant applies for the occupancy being restored to him, the Collector may, after such enquiry as he thinks fit, place such claimant in possession of the occupancy or reject his claim.

(3) The order of the Collector under sub-section (2) shall not be subject to appeal or revision but any person whose claim is rejected under sub-section (2) may, within one year from the date of the communication of the order of the Collector, file a suit to establish his title, and if such suit is filed, the Collector shall continue to lease out the land as provided in sub-section (2), till the final decision of the suit.

(4) If no claimant appears within three years from the date on which the Collector took possession of the occupancy or if a claimant whose claim has been rejected under sub-section (2) does not file a suit within one year as provided in sub-section (3), the Collector may sell the right of the deceased occupant in the occupancy by auction:

Provided that no such right shall be sold within three years from the date on which the Collector took possession of the occupancy.

19

Manual of Goa Laws (Vol. II) - 846 - Land Revenue Code and Rules

(5) Notwithstanding anything contained in any law for the time being in force, a claimant who establishes his title to the occupancy which has been dealt with in accordance with the provisions of this section, shall be entitled only to the rents payable under sub-section (1) and the sale-proceeds realised under sub-section (4), less all sums due on the occupancy on account of land revenue and the expenses of management and sale.

24. Occupancy to be transferable and heritable subject to certain restrictions.—

(1) An occupancy shall, subject to the provision contained in section 46 and to any conditions lawfully annexed to the tenure, and save as otherwise provided by law, be deemed an heritable and transferable property.

(2) Notwithstanding anything contained in the foregoing sub-section, occupancies of persons belonging to such Scheduled Castes and Scheduled Tribes as the Government, having regard to the ability of the occupants to cultivate the land personally or any other relevant factors, may by notification in the Official Gazette if any, declare for the purpose of this section for the whole or any part of the²²[ ] [State of Goa], shall not be transferred except with the previous sanction of the Collector.

(3) Notwithstanding anything contained in sub- section (1) or in any other provisions of this Code, or in any other law for the time being in force, it shall be lawful for an 'Occupant — Class II — to mortgage his property in favour of the Government in consideration of a loan advanced to him by the Government under the Land Improvement Loan Act, 1883, the Agriculturists Loans Act, 1884, or in favour of a co-operative society in consideration of a loan advanced to him by such co-operative society, and without prejudice to any other remedy open to the Government, or as the case may be, the co-operative society in the event of such occupant making default in payment of such loan in accordance with the terms on which such loan is granted, it shall be lawful for the Government, or as the case may be, the co-operative society to cause the occupancy to be attached and sold and the proceeds to be applied towards the payment of such loan.

(4) The Collector may, on the application of the purchaser, and payment of the premium prescribed by the Government in this behalf, by order in writing reclassify the occupant—as Occupant—Class I; and on such re-classification, the occupant shall hold the occupancy of the land without any restriction on transfer under this Code.

Explanation 1:— (For the purposes of this section "Scheduled Castes" means such castes, races or tribes or parts of or groups within such castes, races or tribes, as are deemed to be Scheduled Castes in relation to Union territory of Goa, Daman and Diu under article 341 of the Constitution of India.

Explanation 2:— For the purposes of this section, "Scheduled Tribes" means such tribes or tribal communities or parts of, or groups within, such tribes or tribal communities as are deemed to be Scheduled Tribes in relation to the Union territory of Goa, Daman and Diu under article 342 of the Constitution of India.

25. Occupant's rights are conditional.— An occupant is entitled to the use and occupation of his land in perpetuity conditionally on the payment of the amount due on

20

Manual of Goa Laws (Vol. II) - 847 - Land Revenue Code and Rules account of the land revenue for the same, according to the provisions of this Code, or of any rules made under this Code or of any other law for the time being in force, and on the fulfilment of any other terms or conditions lawfully annexed to his tenure.

26. Powers to grant lease.— It shall be lawful for the Collector at any time to lease under grant or contract any unoccupied land to any person, for such purpose and on such conditions as he may, subject to rules made by the Government in this behalf, determine, and in any such case the land shall, whether a survey settlement has been extended to it or not, be held only for the period and for the purpose and subject to the conditions so determined. The grantee shall be called a Government lessee in respect of the land so granted.

27. Occupant to pay land revenue and Government lessee to pay rent fixed.—

Every occupant shall pay as land revenue the assessment fixed under the provisions of this Code and rules made thereunder; and every Government lessee shall pay as land revenue lease money fixed under the terms of the lease.

28. Saving of powers of Government.— Nothing contained in any provision of this Code shall derogate from the right of the Government to dispose of any land which is the property of the²³[ ] Government, on such terms and conditions as it deems fit.

Of Use of Land

29. Uses to which holder of land for purposes of agriculture may put his land.— A holder of any land assessed or held for the purpose of agriculture is entitled by himself, his servants, tenants, agents or other legal representatives to erect farm buildings, construct wells or tanks or make any other improvements thereon for the better cultivation of the land, or its more convenient use for the purpose aforesaid.

30. Permission for non-agricultural use.— No land used for agriculture shall be used for any non-agricultural purpose; and no land assessed for one non-agricultural purpose shall be used for any other non-agricultural purpose or for the same non-agricultural purpose but in relaxation of any of the conditions imposed at the time of the grant or permission for non-agricultural purpose, except with the permission of the Collector under section 32.

31. Restriction on use.— Subject to the rules made by the Government in this behalf the Collector or a Survey Officer may regulate or prohibit the use of land liable to the payment of land revenue for purposes such as cultivation of unarable land in a survey number assigned for public purpose, manufacture of salt from agricultural land, removal of earth, stone, kankar, murum or any other material from the land assessed for the purpose of agriculture only, so as not to destroy or materially injure the land for cultivation, removal of earth, stone (other than loose surface stone), kankar, murum or any other material from the land assessed as a building site, excavation of land situated within a gaothan; and such other purposes as may be prescribed; and may summarily evict any person who uses or attempts to use the land for any such prohibited purpose or to impose one or more of the penalties specified in section 33, or both, as he deems fit.

21

Manual of Goa Laws (Vol. II) - 848 - Land Revenue Code and Rules

32. Procedure for conversion of use of land from one purpose to another.— (1) If an occupant of land or a tenant of such land—

(a) which is assessed or held for the purpose of agriculture wishes to use it for a non-agricultural purpose, or

(b) where land is assessed or held for a particular non-agricultural purpose, wishes to use it for another non-agricultural purpose, or

(c) desires to use it for the same non-agricultural purpose for which it is assessed but in relaxation of any of the conditions imposed at the time of grant of land or permission for such non-agricultural purpose, such occupant or tenant shall, with consent of the tenant or, as the case may be, of the occupant, apply to the Collector for permission in accordance with the form prescribed.

(2) The Collector, on receipt of an application,—

(a) shall acknowledge the application within seven days;

(b) may, unless the Collector directs otherwise, return the application if it is not made by the occupant or, as the case may be, the tenant or if the consent of the tenant, or as the case may be, of the occupant has not been obtained, or if it is not in accordance with the form prescribed;

(c) may, after due enquiry, either grant the permission on such terms and conditions as he may specify subject to any rules made in this behalf by the Government; or refuse the permission applied for, if it is necessary so to do to secure the public health, safety and convenience or if such use is contrary to any scheme for the planned development of a village, town or city in force under any law for the time being in force and in the case of land which is to be used as building sites in order to secure in addition that the dimensions, arrangement and accessibility of the sites are adequate for the health and convenience of the occupiers or are suitable to the locality; where an application is rejected, the Collector shall state the reasons in writing of such rejection. 24 [(3) The Collector shall take a decision on the application within a period of sixty days from the date of receipt of the application and in case of his failure to do so, the person shall have the right to make an appeal to the Secretary (Revenue) to the Government who shall dispose of the appeal within a period of thirty days from the date of filing of appeal.]

(4) The person to whom permission is granted.²⁵[ ] under this section shall inform the Mamlatdar in writing through the village accountant of the date on which the change of user of land commenced, within thirty days from such date.

(5) If the person fails to inform the Mamlatdar within the period specified in sub-section (4), he shall be liable to pay in addition to the non-agricultural assessment such fine as the Collector may, subject to rules made in this behalf, direct but not exceeding five hundred rupees.

24 Sub-section 3 substituted by the amendment Act 14 of 1988.

22

Manual of Goa Laws (Vol. II) - 849 - Land Revenue Code and Rules 26 [(6) When the land is permitted to be used for a non-agricultural purpose, a sanad shall be granted to the holder thereof in the prescribed form, on payment of fees at the following rates, namely :—

(i) Personal housing Rs. 20/- per square metre.

(ii) Commercial/Industrial housing C 1-200 FAR Rs. 100/- per square metre. C 2-150 FAR Rs. 80/- per square metre. S 1-100 FAR Rs. 60/- per square metre. S 2-80 FAR Rs. 40/- per square metre. I 2-80 FAR Rs. 40/- per square metre.

(iii) Commercial/Industrial housing in Rs. 150/- per square metre. C1-200 FAR under 'A' class

Municipalities and Coastal Areas.

(b) Commercial/Industrial housing in Rs. 120/- per square metre. C2-150 FAR under 'A' class

Municipalities and Coastal Areas.

(iv) For any constructions—

(a) in Coastal villages falling within Rs. 150/- per square metre. 500 metres from HTL

(b) beyond 500 metres from HTL Rs. 80/- per square metre. Provided that no such fees shall be leviable in cases where sanad is granted -

(i) for an area not exceeding two hundred square metres;

(ii) for the purpose of churches, temples, mosques, gurudwaras, sports, hospitals or educational, charitable, cultural or religious institutions.]

(7) It shall be lawful for the Collector, either on his own motion or on the application of a person affected by the error to direct at any time the correction of any clerical or arithmetical error in the sanad arising from any accidental slip or omission.

33. Penalty for so using land without permission.— (1) If any land held or assessed for one purpose is used for another purpose without obtaining permission of the Collector under section 32 or before the expiry of the period after which the change of user is deemed to have been granted under that section, or in contravention of any of the terms and conditions subject to which such permission is granted, the holder thereof or other

26 Sub-section (6) substituted by the Amendment Act 12 of 2009.

23

Manual of Goa Laws (Vol. II) - 850 - Land Revenue Code and Rules person claiming through or under him, as the case may be, shall be liable to the one or more of the following penalties, that is to say,—

(i) to pay non-agricultural assessment on the land with reference to the altered use;

(ii) to pay such fine not exceeding the market value of the land as the Collector may, subject to rules made by the Government in this behalf, direct;

(iii) to restore the land to its original use or to observe the conditions on which the permission is granted within such reasonable period as the Collector may by notice in writing direct; and such notice may require such person to remove any structure, to fill up any excavation or to take such other steps as may be required in order that the land may be used for its original purpose or that the conditions may be satisfied.

(2) If any person fails within the period specified in the notice aforesaid to take steps required by the Collector, the Collector may also impose on such person a penalty not exceeding three hundred rupees for such contravention, and a further penalty not exceeding thirty rupees for each day during which the contravention continues. The Collector may himself take those steps or cause them to be taken; and any cost incurred in so doing shall be recoverable from such person as if it were an arrear of land revenue.

Explanation:— Using land for the purpose of agriculture where it is assessed with reference to any other purpose shall not be deemed to be change of user.

34. Responsibility of tenant or other person for wrongful use.— If a tenant of any holder or any person claiming under or through him uses land for a purpose in contravention of the provisions of sections 30, 31 or 32 without the consent of the holder -and thereby renders the holder liable to the penalties specified in sections 31, 32 or 33 the tenant or the person, as the case may be, shall be responsible to the holder in damages.

35. Power of Government to exempt lands from provisions of sections 30, 32, 33 or 34.— Nothing in sections 30, 32, 33 or 34 shall prevent—

(a) the Government from exempting any land or class of lands from the operation of any of the provisions of those sections, if the Government is of opinion that it is necessary, in the public interest for the purpose of carrying out any of the objects of this Code, to exempt such land or such class of lands; and

(b) the Collector from regularising the non-agricultural use of any land on such terms and conditions as may be prescribed by him subject to rules made in this behalf by the Government.

36. ²⁷[ ] Government title to mines and minerals.— (1) Unless it is otherwise expressly provided by the terms of the grant made by the Government, the right to all minerals at whatever place found, whether on surface or underground, including all derelict or working mines and quarries, old dumps, pits, fields, bandhas, nallas, creeks, river-beds and such other places, is and is hereby declared to be expressly reserved and

24

Manual of Goa Laws (Vol. II) - 851 - Land Revenue Code and Rules shall vest in the²⁸[ ] Government which shall have all powers necessary for the proper enjoyment of such right:

Provided that nothing in this Code shall be deemed to affect any subsisting rights of any person in respect of such mines or minerals in his land.

(2) The right to all mines and quarries includes the right of access to land for the purpose of mining and quarrying and the right to occupy such other land as may be necessary for purposes subsidiary thereto, including the erection of offices, workmen's dwellings and machinery, the stacking of minerals and deposit of refuse, the construction of roads, railways or tram-lines, and any other purposes which the Government may declare to be subsidiary to mining and quarrying.

(3) If the Government has assigned to any person the right over any minerals, mines or quarries, and if, for the proper enjoyment of such right, it is necessary that all or any of the powers specified in sub-sections (1) and (2) should be exercised, the Collector may, by an order in writing, subject to such conditions and reservations as he may specify, delegate such powers to the person to whom the right has been assigned:

Provided that no such delegation shall be made until notice has been duly served on all persons having rights in the land affected, and their objections have been heard and considered.

(4) If, in the exercise of the right herein referred to over any land, the rights of any person are infringed by the occupation or disturbance of the surface of such land, the Government or its assignee shall pay to such persons compensation for such infringement and the amount of such compensation shall, in the absence of agreement, be determined by the Collector or, if his award is not accepted, by the civil court, in accordance with the provisions of the Land Acquisition Act, 1894.

(5) No assignee of the Government shall enter on or occupy the surface of any land unless compensation has been determined and tendered to the persons whose rights are infringed:

Provided that it shall be lawful for the Collector to grant interim permission pending the award of the civil court it cases where the question of determining the proper amount of compensation is referred to such court under sub-section (4).

(6) If an assignee of the Government fails to pay compensation as provided in sub-section (4), the Collector may recover such compensation from him on behalf of the persons entitled to it, as if it were an arrear of land revenue.

(7) Any person who without lawful authority extracts, removes, collects, replaces, picks up or disposes of any mineral from working or derelict mines, quarries, old dumps, fields, bandhs (whether on the plea of repairing or construction of bunds of the fields or on any other plea), nallas, creeks, river-beds, or such other places wherever situate, the right to which vests in the²⁹[ ] Government, and has not been assigned by the Government, shall, without prejudice to any other mode of action that may be taken against him, be liable, on the order in writing of the Collector, to pay penalty not

25

Manual of Goa Laws (Vol. II) - 852 - Land Revenue Code and Rules exceeding a sum determined at three times the market value of the minerals so extracted, removed, collected, replaced, picked up or disposed of, as the case may be:

Provided that, if the sum so determined is less than one thousand rupees, the penalty may be such larger sum not exceeding one thousand rupees as the Collector may impose.

(8) Without prejudice to the provision in sub-section (7), the Collector may seize and confiscate any mineral extracted, removed, collected, replaced, picked up or disposed of from any mine, quarry or other place referred to in sub-section (7), the right to which vests in the³⁰[ ] Government and has not been assigned by the Government.

(9) The Government may make rules to regulate the extraction and removal of minor minerals required by inhabitants of a village, town or city for their domestic, agricultural or professional use on payment of fees or free of charge, as may be specified in the rules.

Explanation:— For the purposes of this section, "minor minerals" means the minor minerals in respect of which the Government is empowered to make rules under section 15 of the Mines and Minerals (Regulation and Development) Act, 1957.

Of Encroachment on Land

37. Removal of encroachments on land vesting in Central Government; provisions for penalty and other incidental matters.— (1) In the event of any encroachment being made on any land vested in the Central Government (whether or not in charge of any local authority), it shall be lawful for the Collector to summarily abate or remove any such encroachment and the expenses incurred therefor shall be leviable from the person in occupation of the land encroached upon and the person who is responsible for the encroachment.

(2) The person who made such encroachment or who is in unauthorised occupation of the land so encroached upon shall pay, if the land encroached upon forms part of an assessed survey number, assessment for the entire number for the whole period of the encroachment, and if the land has not been assessed, such amount of assessment as would be leviable for the said period in the same village on the same extent of similar land used for the same purpose. Such person shall pay in addition a fine which shall be not less than five rupees but not more than one thousand rupees if the land is used for an agricultural purpose, and if used for a purpose other than agriculture such fine not exceeding two thousand rupees.

(3) The Collector may, by notice duly served under the provisions of this Code, prohibit or require the abatement or removal of encroachments on any such lands, and shall fix in such notice a date which shall be a reasonable time after such notice, on which the same shall take effect.

(4) Every person who makes, causes, permits or continues any encroachment on any land referred to in a notice issued under sub-section (3), shall in addition to the penalties specified in sub-section (2), be liable at the discretion of the Collector to a fine not exceeding twenty-five rupees in the case of encroachment for agricultural purposes and

26

Manual of Goa Laws (Vol. II) - 853 - Land Revenue Code and Rules fifty rupees in other cases for every day or part of a day during which the encroachment continues after the date on which the notice takes effect.

(5) An order passed by the Collector under this section shall be subject to appeal and revision in accordance with the provisions of this Code.

(6) Nothing contained in sub-sections (1) to (4) shall prevent any person from establishing his rights in a civil court within a period of one year from the date of the final order under this Code.

38. Regularisation of encroachments.— Nothing in section 37 shall prevent the Collector,³¹[ if the Alvara holder or a person in occupation of land before the appointed day or if the person making encroachment so desires, to charge the Alvara holder or the occupant of such land, a market value as prevailing on the appointed day which shall be payable within a period of two years from the date of regularisation of the Alvara or occupation of land, as the case may be, and the other person who so desires], to charge the said person a sum not exceeding five times the value of the land so encroached upon and to grant the land to the encroacher on such terms and conditions as the Collector may impose subject to rules made in this behalf; and then to cause the said land to be entered in land records in the name of the said person:

Provided that no land shall be granted as aforesaid, unless the Collector gives public notice of his intention so to do in such manner as he considers fit, and considers any objections or suggestions which may be received by him before granting the land as aforesaid. The expenses incurred in giving such public notice shall be paid by the person making the encroachment; and on his failure to do so on demand within a reasonable time, shall be recovered from him as an arrear of land revenue.

39. Value and land revenue how calculated.— (1) For the purposes of³²[sections 37 and 38 (except Alvara holder and person in occupation of land before the appointed day)], the value of land that has been encroached upon shall be fixed by the Collector according to the market value of similar land in the same neighbourhood at the time of such valuation; and the annual revenue of such land shall be assessed at the same rate as the land revenue of similar land in the vicinity.

(2) The Collector's decision as to the value of land and the amount of land revenue or assessment payable for the land encroached upon shall be conclusive, and in determining the amount of land revenue, occupation for a portion of year shall be counted as for a whole year.

40. Summary eviction of person unauthorisedly occupying land vesting in Central Government.— (1) If in the opinion of the Collector any person is unauthorisedly occupying or wrongfully in possession of any land—

(a) vesting in the Central Government; or

(b) to the use or occupation of which he is not entitled or has ceased to be entitled by reason of—

27

Manual of Goa Laws (Vol. II) - 854 - Land Revenue Code and Rules

(i) any of the provisions of this code, or

(ii) the expiry of the period of lease or termination of the lease for breach of any of the conditions annexed to the tenure, or

(iii) it being not transferable without the previous permission under sub-section

(2) of section 24 or by virtue of any condition lawfully annexed to the tenure under the provision of sections 20, 25 or 32,

it shall be lawful for the Collector to summarily evict such person in the manner provided in sub-section (2).

(2) The Collector shall serve a notice on such person requiring him within such time as may appear reasonable after receipt of the said notice to vacate the land, and if such notice is not obeyed, the Collector may remove him from such land.

(3) A person unauthorisedly occupying or wrongfully in possession of land after he has ceased to be entitled to continue the use, occupation or possession by virtue of any of the reasons specified in sub-section (1), shall also be liable at the discretion of the Collector to pay a penalty not exceeding two times the assessment or rent for the land for the period of such unauthorised use or occupation.

41. Forfeiture and removal of property left over after summary eviction.— (1) After summary eviction of any person under section 40, any building or other construction erected on the land or any crop raised in the land shall, if not removed by such person after such written notice as the Collector may deem reasonable, be liable to forfeiture or to summary removal.

(2) Forfeitures under this section shall be adjudged by the Collector and any property so forfeited shall be disposed of as the Collector may direct; and the cost of the removal of any property under this section shall be recoverable as an arrear of land revenue.

Of Relinquishment of Land

42. Relinquishment.— An occupant may relinquish his land, that is, resign in favour of the³³[ ] Government, but subject to any rights, tenures, encumbrances or equities lawfully subsisting in favour of any person other than the³⁴[ ] Government or the occupant, by giving notice in writing to the Mamlatdar not less than thirty days before the date of commencement of the agricultural year, and thereupon, he shall cease to be an occupant from the agricultural year next following such date:

Provided that no portion of land which is less in extent than a whole survey number of sub-division of a survey number may be relinquished.

43. Right of way to relinquished land.— If any person relinquishes land the way to which lies through other land which he retains, the right of way through the land so retained shall continue to the future holder of the land relinquished.

28

Manual of Goa Laws (Vol. II) - 855 - Land Revenue Code and Rules

Protection of certain occupancies from process of courts

44. Occupancy when not liable to process of civil court; court to give effect to Collector's certificate.— In any case where an occupancy is not transferable without the previous sanction of the Collector, and such sanction has not been granted to a transfer which has been made or ordered by a civil court or on which the court's decree or order is founded,

(a) such occupancy shall not be liable to the process of any court, and such transfer shall be null and void, and

(b) the court, on receipt of a certificate under the hand and seal of the Collector to the effect that any such occupancy is not transferable without his previous sanction and that such sanction has not been granted, shall remove any attachment or other process placed on or set aside any sale of or affecting such occupancy.

CHAPTER IV

Of Land Revenue

45. Liability of land to land revenue.— (1) All lands, to whatever purpose applied, other than lands owned by the Central Government, but not leased, are liable to payment of land revenue to the Government.

(2) The Government may exempt any land from the liability to such payment by means of a special grant or contract or in accordance with any law for the time being in force.

46. Land revenue to be a paramount charge on the land.— Arrears of land revenue due on account of land by any landholder shall be a paramount charge on the holding and every part thereof, failure in payment of which shall make the holding together with all rights of the holder over all trees, crops, buildings and things attached to the land or permanently fastened to anything attached to the land, liable to forfeiture, whereupon the Collector may levy all sums in arrears by sale of the holding, or may otherwise dispose of such holding in the prescribed manner and such holding, when disposed of, whether by sale as aforesaid, or by restoration to the defaulter, or by transfer to another person or otherwise howsoever, shall, unless the Collector otherwise directs, be deemed to be free from all tenures, rights, encumbrances and equities theretofore created in favour of any person other than the Government in respect of such holding.

47. Forfeited holdings may be taken possession of and otherwise disposed.— It shall be lawful for the Collector in the event of the forfeiture of a holding through any default in payment or other failure occasioning such forfeiture under section 46 or any law for the time being in force, to take immediate possession of such holding and to dispose of the same by placing it in the possession of the purchaser or other person entitled to hold it according to the provisions of this Code or any other law for the time being in force.

48. To prevent forfeiture of occupancy certain persons other than occupant may pay land revenue.— In order to prevent the forfeiture of an occupancy under the provisions of section 46 or of any other law for the time being in force, through non- -payment of the land revenue due on account thereof by the person primarily liable for

29

Manual of Goa Laws (Vol. II) - 856 - Land Revenue Code and Rules payment of it, it shall be lawful for any person interested to pay on behalf of such person all sums due on account of land revenue and the Collector shall on due tender thereof receive the same:

Provided that nothing authorised or done under the provisions of this section shall affect the rights of the parties interested, as the same may be established in any suit between such parties in a court of competent jurisdiction.

49. Alluvial lands.— All alluvial lands, newly formed islands or abandoned river beds, which vest under any law for the time being in force in any holder of land, shall be subject in respect of liability to land revenue to the same privileges, conditions and restrictions as are applicable to the original holding by virtue of which such lands, islands or river beds vest in the said holder, but no revenue shall be leviable in respect of any such lands, islands or river beds, unless the area of the same exceeds half hectare.

50. Land revenue in case of diluvion.— Every holder of land paying land revenue in respect thereof shall be entitled, subject to such rules as may be made in this behalf, to a decrease of assessment if any portion thereof not being less than half hectare in extent, is lost by diluvion.

51. Assessment of land to land revenue.— (1) The assessment of land revenue on any land shall be made or deemed to have been made, as the case may be with reference to the use of the land—

(a) for the purpose of agriculture,

(b) for the purpose of residence,

(c) for industrial or commercial purpose,

(d) for any other purpose.

(2) Where land assessed for use for any one purpose is diverted to any other purpose, the land revenue payable upon such land shall, notwithstanding that the term for which the assessment may have been fixed has not expired, be liable to be altered and assessed at a different rate provided for under this code in accordance with the purpose for which it is used or is permitted to be used. The alteration of assessment shall be made in accordance with the rules made in this behalf.

52. Reduction, suspension or remission of land revenue.— Notwithstanding anything contained in this Code, the Government may, in accordance with the rules or special orders made in this behalf, grant reduction, suspension or remission in whole or in part of land revenue in any area in any year due to failure of crops, floods, or any other natural calamity or for any reason whatsoever.

53. Responsibility for payment of land revenue.— (1) The following persons shall be primarily liable for the payment of land revenue assessed on land including all arrears of land revenue due in respect of the land, namely:—

(a) the occupant of the land; and

(b) the lessee of the Government.

30

Manual of Goa Laws (Vol. II) - 857 - Land Revenue Code and Rules

(2) Where there are two or more persons liable to pay land revenue or arrears of land revenue under sub-section (1), all of them shall be jointly and severally liable for its payment.

(3) In case of default by any person who is primarily liable under this section, the land revenue, including arrears as aforesaid, shall be recoverable from any person in possession of the land:

Provided that, where such person is a tenant, the amount recoverable from him shall not exceed the demands of the year in which the recovery is made:

Provided further that, when land revenue is recovered under this section from any person who is not primarily liable for the same, such person shall be allowed credit of any payments which he may have duly made to the person who is primarily liable, and shall be entitled to credit, for the amount recovered from him, in account with the person who is primarily liable.

54. Receipts for land revenue.— Every revenue officer receiving payment of land revenue shall, at the time when such payment is received by him, give a written receipt for the same.

CHAPTER V

Survey of Land

55. Revenue survey, settlement and term of settlement.— The operation carried out in accordance with the provisions of this Chapter, or of the rules made under this Act, in order to determine or revise the land revenue payable on lands, and for the preparation and preservation of record of rights connected therewith or for any other similar purpose in any local area is called a revenue survey. Such survey may extend to the lands of any village, town or city, generally, or to such land as the Government may direct.

56. Government to direct revenue survey.— Whenever the Government thinks it expedient so to do, it may, by notification in the Official Gazette, direct the revenue survey of any local area with a view to the settlement of the land revenue and to the preparation of a record of rights connected therewith or the revision of any existing settlement or of record of rights. For this purpose the Government may authorise the Collector or depute a Survey officer to undertake the work.

57. Survey officer may require by general notice or by summons, suitable service from holders of land etc.— It shall be lawful for a survey officer deputed to conduct or take part in any such survey or a survey under section 62 to require by general notice or by summons the attendance of holders of land and of all persons interested therein, in person, or by legally constituted agent duly instructed and able to answer all material questions, and the presence of taluka and village officers, who in their several stations and capacities are, legally or by usage, bound to perform service in virtue of their respective offices, and to require from them such assistance in the operation of the survey and such service in connection therewith, as may not be inconsistent with the position of the individual so called on.

31

Manual of Goa Laws (Vol. II) - 858 - Land Revenue Code and Rules

58. Assistance to be given by holders and others in measurement or classification of lands.— It shall be lawful for a survey officer, while conducting surveys mentioned in the preceding section to call upon all holders of land and other persons interested therein to assist in the measurement or classification of the lands to which the survey extends by furnishing flag-holders; and in the event of a necessity for employing hired labour for this or other similar object incidental to survey operations, it shall be lawful to assess the cost thereof, with all contingent expenses on the lands surveyed, for collection as a revenue demand.

59. Survey numbers and villages.— Subject to the minimum size of a survey number that may be fixed from time to time for the several classes of land by the Government, the survey officer may—

(a) divide the lands to which the revenue survey extends into survey numbers and group the survey numbers into villages; or

(b) recognise the existing survey numbers, reconstitute them or form new survey numbers; or

(c) subject to the provisions of any law for the time being in force for the prevention of fragmentation and consolidation of holdings, divide the survey numbers into as many sub-divisions as may, be required in view of the acquisition of rights in land or for any other reason.

60. Entry of survey numbers and sub-divisions in records.— The area and assessment of survey numbers and sub-divisions of survey numbers shall be entered in such records as may be maintained under the rules made by the Government in that behalf.

61. Partition.— (1) Subject to the provisions of any law for the time being in force for the prevention of fragmentation and consolidation of holdings, a holding may be partitioned on the decree of a civil court or on application of co-holders in the manner hereinafter prescribed.

(2) If in any holding there is more than one co-holder, any such co-holder may apply to the Collector for a partition of his share in the holding:

Provided that, where any question as to title is raised, no such partition shall be made until such question has been decided by a civil suit.

(3) Subject to the provisions of sub-section (4), the Collector may, after hearing the co- holders, divide the holding and apportion the assessment of the holding in accordance with the rules made by the Government under this Code.

35 [Provided that nothing in this sub-section shall apply to any land acquired under the Land Acquisition Act, 1894 (Central Act 1 of 1894), in respect of which no suit is pending in any Court and it shall be lawful for the Director of Settlement and Land Records to carry out partition and effect necessary changes in the land record on the basis

35 Inserted by the amendment Act 9 of 1994.

32

Manual of Goa Laws (Vol. II) - 859 - Land Revenue Code and Rules of records relating to possession obtained under section 16 of the Land Acquisition Act, 1894 (Central Act 1 of 1894).]

(4) The application under sub-section (2) shall be rejected if the partition applied for results in creating a holding, the area or land revenue of which will be below such limits as may be prescribed.

(5) Expenses properly incurred in making partition of a holding shall be recoverable as a revenue demand in such proportion as the Collector may think fit from the co-holders at whose request the partition is made, or from the persons interested in the partition.

62. Division of survey numbers into new survey numbers.— Where any portion of cultivable land is permitted to be used under the provisions of this Code for any non- -agricultural purpose or when any portion of land is specially assigned under section 18, or when any assessment is altered or levied on any portion of land under sub-section (2) of section 51, such portion may, with the sanction of the Collector, be made into a separate survey number at any time.

63. Continuance of survey operations at commencement of Code.— All survey operations commenced under any law for the time being in force, or any rule, order or direction of the Government, and either completed or continuing at the commencement of this Code, shall be deemed to have been commenced and completed or, as the case may be, to be continuing under the provisions of this Chapter.

64. Limit of sites of villages, towns and cities how to be fixed.— It shall be lawful for the Collector or for a survey officer, acting under the general or special orders of the Government, to determine what lands are included within the site of any village, town or city, and to fix, and from time to time to vary, the limits of the same, regard being had to all subsisting rights of land holders.

65. City survey how to be conducted.— The Government may, at any time, direct a survey or re-survey of lands, other than those used ordinarily for the purpose of agriculture only, within the site of any village, town or city. Such survey shall be conducted and all its operations shall be regulated according to the provisions made in the preceding sections of this Chapter.

[³⁶65-A.— Notwithstanding anything contained in any other provisions of this Code, the Government may direct re-survey to be carried out in any village, town or city for the limited purpose of updating survey maps in accordance with rules made in this behalf by the Government.]

66. In certain cases a survey fee to be charged.— Every holder of a building site, in respect of which a survey under the preceding section is carried out, shall be liable to the payment of a survey fee at such rates as may be prescribed.

67. Sanad to be granted without extra charge.— Every holder of a building site, as aforesaid, shall be entitled, after payment of the said survey fee, to receive without extra charge, one or more sanads, in the prescribed form specifying, by plan and description, the extent and conditions of his holding.

33

Manual of Goa Laws (Vol. II) - 860 - Land Revenue Code and Rules

CHAPTER VI

Assessment and settlement of Land Revenue of Agricultural Land

68. Power of Government to direct original or revision settlement of land revenue of any lands.—The Government may at any time direct a settlement of land revenue of any land (hereinafter referred to as an "original settlement"), or a fresh settlement thereof (hereinafter referred to as "revision settlement"), whether or not a revenue survey thereof has been made under section 56:

Provided that no enhancement of assessment shall take effect before the expiration of the settlement for the time being in force.

69. Assessment how determined.— (1) The land revenue assessment on all lands in respect of which a settlement is directed under section 68, shall be determined by dividing the lands to be settled into groups and fixing the standard rates for each group in accordance with the rules made by the Government in this behalf.

(2) The groups shall ordinarily be formed on a consideration of the following factors, namely:—

(i) physical configuration,

(ii) climate and rainfall,

(iii) prices, and

(iv) yield of principal crops:

Provided that, if deemed necessary, the following factors may also be taken into consideration in forming the group namely:—

(i) Markets,

(ii) communications,

(iii) standard of husbandry,

(iv) population and supply of labour,

(v) agricultural resources,

(vi) Variations in the area of occupied and cultivated lands during the last 30 years,

(vii) wages,

(viii) ordinary expenses of cultivating principal crops, including the wages of the cultivator for his labour in cultivating the land,

(ix) sales of lands used for the purpose of agriculture.

70. Increase in average yield due to the improvement at the expense of holders not to be taken into account.— If during 30 years immediately preceding the date on which the settlement for the time being in force expires, any improvements have been effected in any land by or at the expense of the holder thereof, the increase in the average yield of crops of such land due to the said improvements shall not be taken into account in fixing the revised assessment thereof.

34

Manual of Goa Laws (Vol. II) - 861 - Land Revenue Code and Rules

71. Settlement Officer, how to proceed for making a settlement.— In making a settlement the Settlement Officer shall proceed as follows:—

(1) he shall hold an enquiry in the prescribed manner;

(2) he shall divide the lands to be settled into groups as provided by section 69;

(3) he shall ascertain in the prescribed manner the average yield of crops of lands for the purpose of the settlement;

(4) he shall then fix standard rates for each class of land in each group on a consideration of the relevant factors as provided in sub-section (2) of section 69;

(5) he shall submit to the Collector in the prescribed manner a report (hereinafter called the settlement report) containing his proposals for the settlement.

72. Settlement report to be printed and published.— (1) After the settlement report has been submitted to the Collector, the Collector shall cause such report to be printed and published in the prescribed manner.

(2) There shall also be published in each village concerned, in such language as may be prescribed, a notice, stating for each class of land in the village, the existing standard rate and the extent of any increase or decrease proposed therein by the Settlement Officer. The notice shall also state that any person may submit to the Collector his objections in writing to the proposals contained in the settlement report within three months from the date of such notice.

73. Submission of settlement report to Government and Government orders thereon.— (1) After taking into consideration such objections as may have been received by him, the Collector shall forward to the Government the settlement report with his remarks thereon. Such report together with the objections, if any, received and the remarks of the Collector thereon shall be laid by the Government on the Table of the Goa, Daman and Diu Legislative Assembly. The said report may be discussed by resolution moved in the said Assembly at its next following Session. The Government shall thereafter pass such orders thereon as it may deem fit.

(2) No increase in the standard rates proposed in the settlement report shall be made unless a fresh notice as provided in sub-section (2) of section 72 has been published in each village affected by such rates and objections received, if any, have been considered by the Government.

(3) The orders passed by the Government under sub-section (1) shall be final and shall not be called in question in any Court.

74. Powers of Government to place surcharge or grant rebate after every ten years.— (1) Notwithstanding anything contained in this Chapter, it shall be lawful for the Government in any year, after the expiry of every ten years from the date on which the settlement was introduced under section 75, to enhance or reduce the asssessment on land in any zone, by placing a surcharge, or granting a rebate, on the assessment by reference to the alteration of the prices of the principal crops in such zone.

35

Manual of Goa Laws (Vol. II) - 862 - Land Revenue Code and Rules

(2) For the purpose of sub-section (1) the prices of principal crops shall be recorded and published in the Official Gazette.

(3) The surcharge shall be levied or the rebate shall be granted under sub-section (1) according to the scale prescribed by rules made in this behalf.

75. Introduction or settlement.— After the Government has passed orders under section 73 and notice of the same has been given in the prescribed manner, the settlement shall be deemed to have been introduced and the land revenue according to such settlement shall be levied from such date as the Government may direct:

Provided that in the year in course of which a settlement, whether original or revision, may be introduced under this section, the difference between the old and the new assessment of all lands, on which the latter may be in excess of the former, shall be remitted and the revised assessment shall be levied only from the next following year:

Provided further that in the year next following that in which any original or revision settlement has been introduced any holder who may be dissatisfied with the increased rate imposed by such new assessment on any of the survey numbers or sub-divisions of survey numbers held by him shall, on reliquishing such number or sub-division in the manner provided by section 42, receive a remission of the increase so imposed.

76. Publication of table of revenue rates.— The table of standard rates finally prescribed by the Government under section 73 and introduced under section 75 shall be published in the Official Gazette.

77. Preparation of statistical and fiscal records.— (1) It shall be the duty of the survey officer or the Settlement Officer, on the occasion of making or revising the settlement of land revenue, to prepare a register, to be called the "Settlement Register", showing the area and assessment of each survey number, with any other particulars that may be prescribed, and other records, in accordance with such orders as may, from time to time, be passed in this behalf by the Government.

(2) The table of standard rates published under section 76 shall be incorporated in and form part of the settlement register of the village.

78. Term of settlement.— A settlement shall re main in force for a period of thirty years and on the expiry of such period, the settlement shall continue to remain in force until the commencement of the term of a fresh settlement.

79. Assessment on individual survey number and sub-division.— The Settlement Officer shall calculate the assessment on each survey number and sub-division in accordance with the standard rates confirmed and finally published under section 76 and taking into consideration their classification value in the prescribed manner.

80. Additional assessment for water advantages.— Notwithstanding anything contained in this Chapter, the Government may direct that any land, in respect of which the rate of revenue has been determined, shall be liable to be assessed to additional land revenue during the term of the settlement for additional advantages accruing to it from water received on account of irrigation works or improvements in the existing irrigation

36

Manual of Goa Laws (Vol. II) - 863 - Land Revenue Code and Rules works completed after the table of standard rates comes into force and not effected by or at the expense of the holder of the land.

81. Continuance of settlement operations at commencement of Code.— All settlement operations commenced under any law for the time being in force, or any rule, order or direction of the Government, and either completed or continuing at the commencement of this Code, shall be deemed to have been commenced, completed or to be continuing under the provisions of this Chapter.

82. Power of Collector to correct errors, etc.— (1) The powers and duties exercisable by the officers referred to in section 9 may be exercised, during the term of settlement, by the Collector or such other revenue officer as may be specified by the Government, for the purpose, by notification in the Official Gazette.

(2) The Collector may, at any time during the term of settlement, correct any error in the area or the assessment of any survey number or sub-division, due to a mistake of survey or arithmetical miscalculation:

Provided that no arrear of land revenue shall become payable by reason of such correction.

CHAPTER VII

Assessment and settlement of Land Revenue of lands used for non-agricultural purposes

83. Non-agricultural assessment of lands to be determined on basis of their non-agricultural use and having regard to urban and non-urban areas.— The non-agricultural assessment of lands shall be determined with reference to the use of the land for non-agricultural purpose and having regard to urban and non-urban areas in which the lands are situated; and shall be determined and levied in accordance with the provisions of this Chapter.

84. Procedure for determining non-agricultural assessment of lands in non-urban areas.— (1) The Collector shall, subject to the approval of the Government, by notification in the Official Gazette, divide the villages in non-urban areas into two classes — Class I and Class II — on the basis of the market values of lands, due regard being had to the situation of the lands, the non-agricultural purpose for which they are used, and the advantages and the disadvantages attaching thereto.

(2) The Collector shall, subject to the general or special orders of the Government, assess lands falling in Class I according to the non-agricultural purpose for which they are used at a rate not exceeding two paise per square metre per year, and those falling in Class II at a rate not exceeding one paisa per square metre per year, regard being had to the market value of lands used for the non-agricultural purpose, so, however, that the assessment so fixed is not less than the agricultural assessment which may be leviable on such land.

37

Manual of Goa Laws (Vol. II) - 864 - Land Revenue Code and Rules

85. Procedure for determining non-agricultural assessment in urban areas.— The Collector shall divide urban areas into blocks on the basis of the market value of lands, due regard being had to the situation of the lands, the non-agricultural purposes for which they are used, and the advantages and disadvantages attaching thereto.

86. Non-agricultural assessment not to exceed three per cent. of full market value.— The non-agricultural assessment on lands in each block in an urban area shall not exceed three per cent. of the full market value thereof, when used as a building site.

87. Power of Collector to fix standard rate of non-agricultural assessment.— (1) Subject to the provisions of section 86, the Collector shall, with the approval of the Government, fix the rate of non-agricultural assessment per square metre of land in each block in an urban area (to be called "the standard rate of non-agricultural assessment") at such percentage of the full market value of such land as may be prescribed.

Explanation:— For the purpose of this sub-section, the full market value shall be estimated in the prescribed manner on the basis of sales of land during the period of fifteen years immediately preceding the year in which the standard rate of non-agricultural assessment is to be fixed.

(2) The standard rate of non-agricultural assessment shall remain in force for a period of ten years; and shall there after be deemed to be in force, until such rate is revised in accordance with the provisions of this Chapter.

(3) The standard rates of non-agricultural assessment fixed or revised as aforesaid shall be published in the Official Gazette, and in such other manner as may be prescribed before they are brought into force.

88. Rate of assessment of lands used for non-agricultural purposes.— (1) Subject to the provisions of this section, the rate of assessment in respect of lands in urban areas—

(a) used for purposes of residential building, shall be the standard rate of non- agricultural assessment;

(b) used for the purposes of industry, shall be one and one half times the standard rate of non-agricultural assessment;

(c) used for purposes of commerce, shall be twice the standard rate of non- -agricultural assessment;

(d) used for any other non-agricultural purpose, shall be fixed by the Collector, at a rate not less than the standard rate of non-agricultural assessment, and not exceeding one and one-half times that standard rate, regard being had to the situation, and special advantages or disadvantages attaching to such lands.

(2) Where any land is used for any non-agricultural purpose for a period of six months or less, the non-agricultural assessment shall be half of that fixed for land used for that non-agricultural purpose.

38

Manual of Goa Laws (Vol. II) - 865 - Land Revenue Code and Rules

89. Date of commencement of non-agricultural assessment.— The non-agricultural assessment shall be levied with effect from the date on which any land is actually used for a non-agricultural purpose.

90. Term of assessment fixed under sections 84 to 88.— The non-agricultural assessment fixed according to the provisions of sections 84 to 88 shall remain in force for a period of fifteen years from the date on which the land is actually used for the non- -agricultural purpose, or as the case may be, from the date of change of user of the land; and on the expiry of such period, shall be liable to revision; but till the assessment is revised, the assessment fixed as aforesaid shall continue in force:

Provided further that when the non-agricultural assessment is revised, the revised assessment shall not exceed two times the land revenue payable immediately before the revision, if the land is used for purposes of residential buildings, and shall not exceed six times the land revenue payable immediately before revision, if the land is used for any other non-agricultural purpose.

91. Lands exempt from payment of non-agricultural assessment.— Lands used for the following purposes shall be exempt from the payment of the non-agricultural assessment, namely:—

(1) lands used by an agriculturist for an occupation subsidiary or ancillary to agriculture, such as the erection of sheds for hand-looms, or such other occupations as the Government may specify in rules made that behalf;

(2) lands used for purposes connected with the disposal of the dead;

(3) lands solely occupied and used for public worship;

(4) lands used for an educational or a charitable purpose the benefit of which is open to all citizens without distinction of religion, race, caste, place of birth or any of them;

(5) lands used for any other public purpose which the Government may by rules made under this Code declare to be exempt, for such period and subject to such conditions as may be specified therein;

(6) such agricultural lands (outside a gaothan, if any) in a non-urban area converted to non-agricultural use for purposes of residential building as the Government may, by notification in the Official Gazette, specify.

92. Revocation of exemption.— It shall be lawful for the Government to direct that any land which is exempt under the provisions of section 91 from payment of non- -agricultural assessment shall cease to be so exempt if the land is used for any purpose other than that for which the exemption is provided; thereupon the land shall be liable to payment of the assessment according to the provisions of this Chapter, and in addition, to such fine not exceeding the market value of the land as the Collector may, subject to rules made by the Government in this behalf, direct.

93. Non-agricultural assessment of lands wholly exempt from payment of land revenue.— Nothing in this Chapter shall be deemed to prevent the Collector from determining and registering the proper full non-agricultural assessment on lands wholly exempt from payment of such assessment.

39

Manual of Goa Laws (Vol. II) - 866 - Land Revenue Code and Rules

CHAPTER VIII

Land Records

94. Preparation of record of rights.— It shall be lawful for the Government to take all measures for the preparation and maintenance of land records, including the record of rights and maps, and all other matters connected therewith or incidental thereto, in accordance with such rules and directions as may be made in this behalf.

95. Record of rights.— (1) A record of the rights in land as occupant, tenant, Government lessee, mortgagee or howsoever, shall be maintained in every village in a prescribed form and such record of rights shall include the following particulars, namely:—

(a) survey number, sub-division number, area, assessment of the land and the tenure on which it is held;

(b) names of all persons who are occupants, Government lessees or mortgagees of the land;

(c) names of tenants, if any, of the land;

(d) names of persons holding an encumbrance or any other charge or right on the land;

(e) the nature and extent of the respective interests of such persons and the conditions or liabilities, if any, attaching thereto;

(f) the rent, if any, payable for the land;

(g) such other particulars as the Government may prescribe by rules made in this behalf.

(2) The first preparation of a record of rights in any village shall be made in accordance with such procedure and by such officer as may be prescribed by the Government in this behalf.

(3) The record of rights shall be maintained up-to-date in accordance with the provisions of sections 96 and 97 and such rules as may be prescribed by the Government in this behalf.

96. ³⁷[Acquisition of rights to be reported.— Any person acquiring by succession, survivorship, inheritance, partition, purchase, mortgage, gift, lease or otherwise, any right as holder, occupant, mortgagee, landlord, tenant or Government lessee of any land, shall report in writing his acquisition of such right to the Mamlatdar of Taluka, and upon receipt of such report, he shall proceed to dispose such case as prescribed:

Provided that an entry in the register of mutations shall not be transferred to the record of rights until such entry has been duly certified and fee as mentioned herein below is paid.

40

Manual of Goa Laws (Vol. II) - 867 - Land Revenue Code and Rules

(i) for parcel of property upto 1,000 square meters ... Rs. 200/-

(ii) for parcel of property above 1,000 square meters and upto 10,000 square meters ... Rs. 500/-

(iii) for every parcel of property above 10,000 square meters ... Rs. 1,000/- Provided that where the person acquiring the right is a minor or otherwise disqualified, his guardian or other person having charge of his property shall make the report to the Mamlatdar of Taluka.

Explanation I.— The rights mentioned above include a mortgage without possession, but do not include an easement or a charge not amounting to a mortgage of the kind specified in section 100 of the Transfer of Property Act, 1882 (Central Act 4 of 1882).

Explanation II.— A person in whose favour a mortgage is discharge or extinguished, or lease determined, acquires a right within the meaning of this section.

"Explanation III.— For the purpose of this Chapter the term "Mamlatdar of Taluka" includes Joint Mamlatdar; and in case of City Survey Records, the Inspector of Surveys and Land Records].

97. ³⁸[Omitted]

98. Register of cultivators and crops.— A register showing the crops grown on the land every year and the name of the cultivator growing them shall be prepared in every village in such form and maintained in such manner and by such officer as may be prescribed by Government in this behalf.

Explanation:— For the purpose of this section, "cultivator" means a person who cultivated land whether as owner, tenant, sub-tenant or mortgagee-in-possession or in any other capacity.

99. Obligation to furnish information.— (1) Any person whose rights, interests or liabilities are required to be, or have been entered in any record or register, under this chapter shall be bound, on the requisition of any revenue officer or Talathi engaged in compiling or revising the record or register, to furnish or produce for his inspection, within one month from the date of such requisition, all such information or documents needed for the correct compilation or revision thereof as may be within his knowledge or in his possession or power.

(2) A revenue officer or a Talathi to whom any information is furnished or before whom any document is produced in accordance with the requisition under sub-section (1), shall at once give a written acknowledgement thereof to the person furnishing or producing the same and shall endorse on any such document a note under his signature stating the fact of its production and the date thereof and may return the same immediately after keeping a copy of it, if necessary.

41

Manual of Goa Laws (Vol. II) - 868 - Land Revenue Code and Rules

100. Fine for neglect to afford information.— Any person neglecting to make the report required by section 96, or furnish the information or produce the documents required by section 99 within the period specified in that section shall be liable, at the discretion of the Collector, to be charged a fine not exceeding twenty-five rupees, which shall be leviable as an arrear of land revenue.

101. Requisition of assistance in preparation of maps.— Subject to rules made in this behalf by the Government—

(a) any revenue officer or a Talathi may, for the purpose of preparing or revising any map or plan required for, or in connection with any record or register under this Chapter, exercise any of the powers of a survey officer under sections 57 and 58 except the power of assessing the cost of hired labour under section 58, and

(b) any revenue officer of a rank not lower than that of an Assistant or Deputy Collector or of a survey officer may assess the cost of the preparation or revision of such map or plan and all contingent expenses, including the cost of clerical labour and supervision, on the lands to which such maps or plans relate and such costs shall be recoverable as a revenue demand.

102. Intimation of transfer by registering officers.— When any document purporting to create, assign or extinguish any title to, or any charge on, land used for agricultural purposes, or in respect of which a record of rights has been prepared is registered under the Indian Registration Act, 1908, the officer registering the document shall send intimation to the Talathi of the village in which the land is situate and to the Mamlatdar of the Taluka, in such form and at such times as may be prescribed by rules made under this Code.

103. Correction of clerical errors.— The Collector may, at any time, correct or cause to be corrected any clerical errors and any errors which the parties interested admit to have been made in the record of rights or registers maintained under this Chapter or which a revenue officer may notice during the course of his inspection:

Provided that, when any error is noticed by a revenue officer during the course of his inspection, no such error shall be corrected unless a notice has been given to the parties and objections, if any, have been disposed of finally in accordance with the procedure relating to disputed entries.

104. Land records.— In addition to the map, the registers and the record of rights, there shall be prepared for each village such other land records as may be prescribed.

105. Presumption of correctness of entries in record of rights and register of mutations.— An entry in the record of rights, and a certified entry in the register of mutation shall be presumed to be true until the contrary is proved or a new entry is lawfully substituted therefor.

106. Bar of suits.— No suit shall lie against the Government or any officer of the Government in respect of a claim to have an entry made in any record or register that is maintained under this Chapter or to have any such entry omitted or amended.

107. Record of rights at commencement of Code.— Until the record of right, for any area is prepared in accordance with the provisions of this Chapter, the existing record of rights in force in that area under any law for the time being in force shall be deemed to be the record of rights prepared under this Chapter.

42

Manual of Goa Laws (Vol. II) - 869 - Land Revenue Code and Rules

108. Maps and other records open to inspection.— Subject to such rules and on payment of such fees, if any, as may be prescribed, all maps and land records shall, subject to such restriction as may be imposed, be open to inspection by the public during office hours, and certified extracts therefrom or certified copies thereof may be given to all persons applying for the same.

109. Power to transfer duty of maintaining maps and records to settlement officers. — When a local area under settlement, the duty of maintaining the maps and record under the order of the Government shall be transferred from the Collector to the Settlement Officer.

CHAPTER IX

Boundaries and boundary marks

110. Fixation and demarcation of boundaries.— Boundaries of all villages and of all survey numbers in villages therein shall be fixed and demarcated by boundary marks.

111. Determination of village boundaries.— The boundaries of villages shall be fixed, and all disputes relating thereto shall be determined by survey officers, or by such other officers as may be appointed by the Government for the purpose, after holding a formal inquiry at which the village officers and all persons interested have an opportunity of appearing and producing evidence.

112. Determination of field boundaries.— If at the time of a survey, the boundary of a field or holding be undisputed, and its correctness be affirmed by the village officers then present, it may be laid down as pointed out by the holder or person in occupation and, if disputed, or if the said holder or person in occupation be not present, it shall be fixed by the survey officer according to the land records and according to occupation as ascertained from the village officers and the holders of adjoining lands, or on such other evidence or information as the survey officer may be able to procure.

113. Disputes regarding boundaries between villages, survey numbers and sub-divisions.— If any dispute arises concerning the boundary of a village or a field or a holding which has not been surveyed, or if at any time after the completion of a survey a dispute arises concerning the boundary of any village or survey number or sub-division of a survey number, it shall be decided by the Collector after holding a formal inquiry, at which the village officers and all persons interested shall have an opportunity of appearing and producing evidence.

114. Demarcation of boundaries of survey number or sub-division.— (1) The Collector may, on the application of a party interested, demarcate the boundaries of a survey number or of a sub-division and construct boundary marks thereon.

(2) The Government may make rules for regulating the procedure of the Collector in demarcating the boundaries of a survey number or of a sub-division, prescribing the nature of the boundary marks to be used, and authorising the levy of fees from the holders of land in a demarcated survey number or sub-division.

(3) Survey numbers and sub-divisions demarcated under the provisions of this section shall be deemed to be survey numbers for the purposes of sections 110, 113, 116 and 117.

43

Manual of Goa Laws (Vol. II) - 870 - Land Revenue Code and Rules

115. Effect of settlement of boundaries.— (1) The settlement of a boundary under this Chapter shall be determinative—

(a) of the proper position of the boundary lines or boundary marks; and

(b) of the rights of the holders on either side of the boundary fixed in respect of the land adjudged to appertain, or not to appertain, to their respective holdings.

(2) Where a boundary has been so fixed, the Collector may at any time summarily evict any person who holds land and who is wrongfully in possession of any land which has been adjudged in the settlement of boundary not to appertain to his holding or to the holding of any person through or under whom he claims.

(3) An order of eviction under sub-section (2) shall, subject to the provisions of sub- -sections (4) and (5), be subject to appeal and revision in accordance with the provisions of this Code.

(4) Where any person has been evicted or is about to be evicted from any land under the provisions of sub-section (2), he may, within a period of one year from the date of the settlement of the boundary, institute a civil suit to establish his title thereto:

Provided that the Government or the Collector, or any revenue or survey officer as such, shall not be made a party to such suit.

(5) Where a civil suit has been instituted under sub-section (4), such order shall not be subject to appeal or revision.

(6) The Collector may at any time make an order for redistribution of land revenue which, in his opinion, should be made as a result of the decision of the appeal or revision or, as the case may be, the suit, and such redistribution shall take effect from the beginning of the revenue year following the date of the order.

116. Construction and repair of boundary marks of survey number and villages etc.— (1) It shall be lawful for any survey officer authorised in this behalf to erect or cause to be constructed, laid out, maintained or repaired, boundary marks, or survey marks of villages or survey numbers or sub-divisions and to assess all charges incurred thereby on the holders or others having an interest therein.

(2) Such officer may by notice in writing require landholders to construct, lay out, maintain or repair within a specified time, the boundary marks or survey marks of their respective survey numbers or sub-divisions; and on their failure to do so the survey officer shall construct, lay out or repair them and assess all charges incurred thereby as hereinbefore provided.

(3) The boundary marks and survey marks shall be of such description, and shall be constructed, laid out, maintained or repaired in such manner and shall be of such dimention and materials as may, subject to rules made by the Government in this behalf, be determined by the Superintendent of Surveys and Land Records, according to the requirement of soil, climate, durability and cheapness of materials.

44

Manual of Goa Laws (Vol. II) - 871 - Land Revenue Code and Rules

117. Responsibility for maintaining boundary marks.— Every person who holds land or is in possession thereof shall be responsible for the maintenance and good care of the boundary marks and survey marks of his holding and for any charge reasonably incurred on account of the same by the revenue officers in case of alteration, removal or disrepair. It shall be the duty of the Revenue Officers to prevent the destruction or unauthorised alteration of the village boundary marks or survey marks.

118. Collector to have charge of boundary marks.— After the introduction of survey and settlement in a district, the charge of the boundary marks and survey marks shall devolve on the Collector, and it shall be his duty to take measures for their construction, laying out, maintenance and repair and for this purpose the powers conferred on survey officers by section 116 shall vest in him.

119. Penalty for injuring boundary marks.— Any person wilfully erasing, removing or injuring a boundary mark or survey mark shall, on summary inquiry by a revenue officer, be liable to a penalty not exceeding fifty rupees for each mark so erased, removed or injured.

CHAPTER X

Realisation of Land Revenue and other public demands

120. Claims of Government to have precedence over all others.— (1) Land revenue assessed on any land and the arrears thereof and all claims of the Government to moneys recoverable under the provisions of this Chapter, shall have precedence over any other debt, demand or claim whatsoever, whether in respect of mortgage, judgement, decree, execution or attachment or otherwise howsoever, against any land or the holder thereof.

(2) The claim of the Government to any moneys other than arrears of land revenue, but recoverable as a revenue demand under the provisions of this Chapter, shall have priority over all unsecured claims against any land or holder thereof.

121. Payment of Land Revenue.— Land revenue shall be payable at such times, in such instalments, to such persons, and at such places, as may be prescribed.

122. Arrear of land revenue.— (1) Any instalment of land revenue or part thereof which is not paid on or before the due date shall become an arrear of land revenue and the persons responsible for the payment become defaulters.

(2) A statement of account certified by the Mamlatdar shall, for the purposes of this Chapter, be conclusive evidence of the existence of the arrear, of its amount and of the person who is the defaulter:

Provided that nothing in this sub-section shall prejudice the right of such person to make payment under protest and to question the correctness of the account in separate proceedings before the competent authority.

(3) On receipt of such a certified statement of account it shall be lawful for the Collector, the Assistant or Deputy Collector or the Mamlatdar in one district to proceed to

45

Manual of Goa Laws (Vol. II) - 872 - Land Revenue Code and Rules recover the demands of the Collector of any other district under the provisions of this Chapter as if the demand arose in his own district.

123. Recovery of arrears.— An arrear of land revenue may be recovered by any one or more of the following processes, namely:—

(a) by serving a written notice of demand on the defaulter under section 124.

(b) by distraint and sale of the defaulter's movable property under section 125;

(c) by forfeiture of the holding in respect of which the arrear is due under section 127;

(d) by the attachment and sale of the defaulter's immovable property, under section 128;

(e) by arrest and imprisonment of the defaulter under section 129.

124. Notice of demand.— (1) The form and contents of the notice of demand and the Officers by whom notices shall be issued shall be such as may be prescribed.

(2) A notice of demand may be issued on or after the day following that on which the arrear accrues.

125. Distraint and sale of defaulter's movable property.— (1) The Collector may also cause the defaulter's movable property to be distrained and sold.

(2) Such distraint and sale of the movable property of a defaulter shall be made by such officers or class of officers, in such manner and in accordance with such procedure, as may be prescribed.

(3) Nothing in sub-section (1) shall be deemed to authorise the distraint or sale of any property which, under the Code of Civil Procedure, 1908, or any other law for the time being in force, is exempt from attachment or sale in execution of a decree or of any article set aside exclusively for religious use.

126. Resort to other processes.— When the Collector is of opinion that the processes referred to in clause (a) and (b) of section 123 are not sufficient for the recovery of an arrear of land revenue, he may resort to the processes referred to in clause (c), (d) or (e) of section 123 as he may deem expedient.

127. Holding for which arrear is due may be forfeited.— The Collector may declare the holding in respect of which an arrear of land revenue is due, to be forfeited to the Government, and subject to rules made in his behalf, sell or otherwise dispose of the same under the provisions of section 46 or 47 and credit the proceeds, if any, to the defaulter's account:

Provided that the Collector shall not declare any such holding to be forfeited—

(a) unless previously thereto he shall have issued a proclamation and written notices of the intended declaration in the manner provided by section 133 and 134 for sales of immovable property, and

(b) until after the expiration of at least fifteen days from the latest date on which any of the said notices shall have been affixed as required by section 134.

46

Manual of Goa Laws (Vol. II) - 873 - Land Revenue Code and Rules

128. Sale of defaulter's immovable property.— The Collector may also cause the right, title and interest of the defaulter in any immovable property other than the land on which the arrear of land revenue is due to be similarly attached and sold.

129. Arrest and detention of defaulter.— At any time after any arrear becomes due, the defaulter (not being an agriculturist from whom such arrear in respect of his occupancy is due) may be arrested and detained in custody in the civil jail unless the revenue due together with the penalty or interest and the cost of arrest and of notice of demand and the cost of his subsistence during detention is sooner paid. For this purpose the Collector may issue a warrant in the prescribed form:

Provided that no such arrest shall be made unless the default is wilful and the defaulter is given an opportunity to show cause against his arrest and detention.

130. Power to arrest by whom to be exercised.— The Government may from time to time declare by what officers or class of officers, the powers of arrest conferred by section 129 may be exercised, and also fix the costs of arrest and the amount of subsistence money to be paid by the Government to any defaulter under detention.

131. But all processes to be stayed on security being given.— (1) Any defaulter detained in custody shall forthwith be set at liberty and the execution of any process shall, at any time, be stayed, on the defaulter's giving before the Collector or if the defaulter is in jail, before the officer in charge of such jail, security in the prescribed form satisfactory to the Collector or to such officer.

(2) Any person against whom proceedings are taken under this Chapter may pay the amount claimed under protest to the officer taking such proceedings, and upon such payment, the proceedings shall be stayed.

132. Sale to be by auction.— All sales of property, movable or immovable, under this Chapter shall be by public auction held in accordance with the provisions of the next succeeding sections.

133. Procedure in effecting sales.— (1) When any sale of either movable or immovable property is ordered under the provisions of this Chapter, the Collector shall issue a proclamation in the prescribed form with its translation in such language as may be prescribed, of the intended sale, specifying the time and place of sale, the amount or amounts for the recovery of which the sale is ordered and, in the case of movable property, whether the sale is subject to confirmation or not and when land paying revenue to the Government is to be sold, the revenue assessed upon it, together with any other particulars he may think necessary.

(2) Such proclamation shall be made by beat of drum at the head quarters of the taluka and in the village in which the immovable property is situated if the sale be of immovable property; and if the sale be of movable property, the proclamation shall be made in the village in which such property was seized, and in such other places as the Collector may direct.

47

Manual of Goa Laws (Vol. II) - 874 - Land Revenue Code and Rules

134. Notification of sales.— (1) A written notice of the intended sale of immovable property, and of the time and place thereof, shall be affixed in each of the following places, namely:—

(a) the office of the Collector of the district,

(b) the office of the Mamlatdar of the taluka in which the immovable property is situated,

(c) the office of the village panchayat, or some other public building in the village in which it is situate, and

(d) the defaulter's dwelling place.

(2) In the case of movable property, the written notice shall be affixed in the Mamlatdar's office and in the office of the village panchayat or some other public building in the village in which such property was seized.

(3) The Collector may also cause notice of any sale, whether of movable or immovable property, to be published in any other manner that he may deem fit.

(4) A notice referred to in this section shall, be in such form as may be prescribed.

135. Sale by whom to be made; time of sale, etc.— (1) Sales by auction shall be made by such person as the Collector may direct.

(2) No such sale shall take place on a Sunday or other public holiday, nor until after the expiration of at least thirty days in the case of immovable property, or seven days in the case of movable property, from the latest date on which any of the said notices shall have been affixed as required by section 134.

136. Postponement of sale.— The sale may from time to time be postponed for any sufficient reason:

Provided that, when the sale is postponed for a period longer than thirty days, a fresh proclamation and notice shall be issued unless the defaulter consents to waive it.

137. Sale of perishable articles.— Nothing in sections 133, 134, 135 and 136 applies to the sale of perishable articles. Such articles shall be sold by auction with the least possible delay, in accordance with such orders as may from time to time be made by the Collector either generally or specially in that behalf.

138. When sale may be stayed.— If the defaulter, or any person on his behalf, pays the arrear for the recovery of which the property is to be sold and all other charges legally due by him, at any time before the property is knocked down, to the person prescribed under section 121 to receive payment of the land revenue due, or to the officer appointed to conduct the sale, or if he furnishes security under section 131, the sale shall be stayed.

139. Sales of movable property when liable to confirmation.— Sales of perishable articles shall be at once finally concluded by the officer conducting such sales. All other sales of movable property shall be finally concluded by the officer conducting such sales or shall be subject to confirmation, as may be directed in orders to be made by the Collector either generally or specially in that behalf. In the case of sales made subject to confirmation, the Collector shall direct by whom such sales may be confirmed.

48

Manual of Goa Laws (Vol. II) - 875 - Land Revenue Code and Rules

140. Mode of payment for movable property when sale is concluded at once.—

When a sale of movable property is finally concluded by the officer conducting the same, the price of every lot shall be paid for at the time of sale, or as soon after as the said officer shall direct, and in default of such payment, the property shall forthwith be again put up and sold. On payment of the purchase money, the officer holding the sale shall grant a receipt for the same, and the sale shall become absolute as against all persons whomsoever.

141. Mode of payment when sale is subject to confirmation. — (1) When a sale is subject to confirmation, the party who is declared to be the purchaser shall be required to deposit immediately twenty-five per centum of the amount of his bid, and in default of such deposit, the property shall forthwith be again put up and sold.

(2) The full amount of purchase-money shall be paid by the purchaser before the sunset of the third day after he is informed of the sale having been confirmed, or if the said third day be a Sunday or other public holiday, then before sunset of the first working day after such day. On payment of such full amount of the purchase money, the purchaser shall be granted a receipt for the same, and the sale shall become absolute as against all persons whomsoever.

142. Deposit by purchaser in case of sale of immovable property.— In all cases of sale of immovable property, the party who is declared to be the purchaser shall be required to deposit immediately twenty-five per centum of the amount of his bid, and in default of such deposit, the property shall forthwith be again put up and sold.

143. Purchase money when to be paid.— The full amount of purchase money shall be paid by the purchaser before the expiration of two months from the date, on which the sale of the immovable property took place or before the expiration of fifteen days from the date on which the intimation of confirmation of the sale is received by the purchaser, whichever is earlier:

Provided that, if the last date on which the purchase money is to be paid happens to be a Sunday or other public holiday, then the payment shall be made before the sunset of the first office day after such date. .

144. Effect of default.— In default of payment within the prescribed period of the full amount of purchase-money, whether of movable or immovable property, the deposit after defraying thereout the expenses of the sale, shall be forfeited to the Government, and the property shall be resold, and the defaulting purchaser shall forfeit all claims to the property or to any part of the sum for which it may be subsequently sold.

145. Liability of purchaser for loss by resale.— If the proceeds of the sale, which is made under section 140, 141 or 144 be less than the price bid by such defaulting purchaser, the difference shall be recoverable from him by the Collector as an arrear of land revenue.

146. Notification before re-sale.— Every re-sale of property in default of payment of the purchase-money, shall, except when such re-sale takes place forthwith, be made after the issue of a fresh notice in the manner prescribed for original sale.

147. Setting aside sales of movables.— Sales of movables, subject to confirmation, may be set aside on the ground of some material irregularity or mistake in publishing or

49

Manual of Goa Laws (Vol. II) - 876 - Land Revenue Code and Rules conducting it if a person (on application made within seven days from the date of sale) proves to the satisfaction of the Collector that he has sustained substantial injury by reason thereof.

148. Application to set aside sale of immovables.— (1) At any time within thirty days from the date of sale of immovable property an application may be made to the Collector to set aside the sale on the ground of some material irregularity, or mistake, or fraud, in publishing or conducting it; but, except as is otherwise provided in sections 149, 150 and 151 no sale shall be set aside on the ground of any such irregularity or mistake, unless the applicant proves to the satisfaction of the Collector that he has sustained substantial injury by reason thereof.

(2) If the application be allowed, the Collector shall set aside the sale, and direct a fresh one.

149. Order confirming or setting aside sale.— On the expiration of thirty days from the date of the sale, if no such application as is mentioned in section 148 has been made, or if such application has been made and rejected, the Collector shall make an order confirming the sale:

Provided that, if he has reason to think that the sale ought to be set aside notwithstanding that no such application has been made, or on grounds other than those alleged in any application which has been rejected, he may, after recording his reasons in writing, set aside the sale.

150. Purchaser may apply to set aside sale under certain circumstances.— Except in a case where land has been sold for arrears which form a charge on the land, the purchaser may, at any time within thirty days from the date of sale, apply to the Collector to set aside the sale on the ground that the defaulter had no saleable interest in the property sold; and the Collector shall, after due enquiry, pass such orders on such application as he deems fit.

151. Application to set aside sale by person owning or holding interest in property.— (1) Where immovable property has been sold under this Code, any person either owning such property or holding an interest therein by virtue of a title acquired before such sale may, at any time within thirty days from the date of sale, apply to the Collector to have the sale set aside on his depositing:—

(a) for payment to the purchaser a sum equal to five per cent. of the purchase money;

(b) for payment on account of the arrear, the amounts specified in the proclamation of sale as that for the recovery of which the sale was ordered, less any amount which may have been paid since the date of sale on that account; and

(c) the cost of the sale.

(2) If such deposit is made within thirty days from the date of sale, the Collector shall pass an order setting aside the sale.

50

Manual of Goa Laws (Vol. II) - 877 - Land Revenue Code and Rules

152. Refund of deposit or purchase-money when sale set aside.— Whenever the sale of any property is not confirmed, or is set aside, the purchaser shall be entitled to receive back his deposit or his purchase-money, as the case may be, and the sum equal to five per cent. of the purchase-money deposited under clause (a) of sub-section (1) of section 151.

153. On confirmation of sale, purchaser to be put in possession. Certificate of purchase.— After a sale of any occupancy or holding has been confirmed in the manner aforesaid, the Collector shall put the person declared to be the purchaser into possession of the land and shall cause his name to be entered in the land records as occupant or holder in lieu of that of the defaulter and shall grant him a certificate to the effect that he has purchased the land to which the certificate refers.

154. Bar of suit against certified purchaser.— The certificate shall state the name of the person declared at the time of sale to be the actual purchaser; and any suit brought in a civil court against the certified purchaser on the ground that the purchase wag made on behalf of any person other than the certified purchaser, though by agreement the name of the certified purchaser was used, shall be dismissed.

155. Application of proceeds of sale.— (1) When any sale of movable property under this Chapter has become absolute, and when any sale of immovable property has been confirmed, the proceeds of the sale shall be applied to defraying the expenses of the sale and to the payment of any arrears due by the defaulter at the date of the confirmation of such sale, and recoverable as an arrear of land revenue and any other sum recoverable from the defaulter as an arrear of land revenue and notified to the Collector before the confirmation of such sale, and the surplus, if any, shall be paid to the person whose property has been sold.

(2) The expenses of sale shall be estimated at such rates and according to such orders as may from time to time be sanctioned or as the case may be, issued by the Government.

156. Surplus not to be paid to creditors except wider order of court.— The said surplus shall not, except under an order of a civil court, be payable to any creditor of the person whose property has been sold.

157. Certified purchaser liable only for land revenue subsequently due.—

Notwithstanding anything contained in section 53, the person named in the certificate of title as purchaser shall not be liable for land revenue due in respect of the land for any period previous to the date of the sale.

158. Purchaser's title.— Where immovable property is sold under the provisions of this Chapter and such sale has been confirmed, the property shall be deemed to have vested in the purchaser on the date when the property is sold and not on the date when the sale was confirmed.

159. Claims to attached property how to be disposed of.— (1) If any claim is set up by a third person to the property attached or proceeded against under the provisions of this Code, the Collector may on a formal inquiry held after reasonable notice, admit or reject it.

51

Manual of Goa Laws (Vol. II) - 878 - Land Revenue Code and Rules

(2) The person against whom an order is made under sub-section (1) may, within one year from the date of the order, institute a suit to establish the right which he claims to the property attached or proceeded against; but subject to the result of such suit, if any, the order shall be conclusive.

160. Bar of revenue officer to bid etc. at sale.— Except as provided in section 161 no officer or other person having any duty to perform. in connection with any sale shall, either directly or indirectly, bid for, acquire or attempt to acquire any interest in the property sold.

161. Purchase on nominal bid.— Where at any sale held under the provisions of this Chapter, there is no bidder or the bids made are inadequate or nominal, it shall be lawful for the Collector to authorise any of his subordinates to purchase such property on behalf of the Government for such bid as such subordinate may make:

Provided that, if the property so purchased is subsequently sold by the Government within twelve years of the purchase, the following amounts shall be recovered from the sale proceeds and the surplus, if any, shall be paid to the person whose property has been sold, namely:—

(a) dues, that is, the principal outstandings with interests;

(b) loss of revenue, if any, caused to the Government during the period the land remains with the Government and no person takes it on lease or otherwise;

(c) actual expenditure incurred in the auction sale;

(d) penalty equal to one-fourth of the principal.

162. Sum recoverable under provisions of this Chapter.— All sums due on account of land revenue, rent, cesses, profits from land, fees, charges, fines, penalties, water rates, royalty, costs, expenses payable or leviable under this Code; and all sums declared by this Code or any law for the time being in force or by any agreement or contract with the Government to be leviable as an assessment, or as a revenue demand, or as an arrear of land revenue, shall be levied under the foregoing provisions of this Chapter and all the provisions of this Chapter shall, so far as may be, be applicable thereto.

163. Recovery of free grants as arrear of revenue in case of misuse.— Any person who has received from the Government a free grant of money for any agricultural purpose, subject to the condition that he shall refund the same on failure to observe any of the conditions of the grant, shall, on failure to observe any such condition and to repay the said sum to the Government, be liable to be proceeded against under the provisions of this Chapter as a revenue defaulter; and all the foregoing provisions of this Chapter shall, so far as may be, be applicable to such person.

164. Recovery of moneys from surety.— Every person who may have become a surety under any of the provisions of this Code, or under any other enactment or any grant, lease or contract where under the sum secured is recoverable from the principal as an arrear of land revenue shall, on failure to pay the amount or any portion thereof which he may have become liable to pay under the terms of his security bond, be liable to be proceeded against under the provisions of this Code as a revenue defaulter; and all the foregoing provisions of this Chapter shall, so far as may be, be applicable to such person.

52

Manual of Goa Laws (Vol. II) - 879 - Land Revenue Code and Rules

39 [164A. Recovery of charges in respect of supply of electrical energy.- Any person who fails to pay, on demand, any charge for electrical energy or any other sum, due from him to the Government in respect of the supply of electrical energy to him, shall be liable to be proceeded against under the provisions of this Code as a revenue defaulter; and all the foregoing provisions of this Chapter shall, so far as may be, applicable to such person.]

CHAPTER XI

Procedure of Revenue Officers

165. Revenue Court.— (1) A revenue officer not below the rank of Mamlatdar, while exercising jurisdiction under this Code or any other law for the time being in force to inquire into or to decide any question arising for determination between the Government and any person or between parties to any proceedings, shall be a revenue court.

(2) A revenue Court shall be deemed to be a Civil Court for the purposes of enquiries under this Code.

166. Place of hearing.— Except for reasons to be recorded in writing no revenue officer shall inquire into or hear any case at any place outside the local limits of his jurisdiction:

Provided that a Sub-Divisional Officer may inquire into or hear any case at the headquarters of the district to which he is appointed.

167. Powers to enter upon and survey land.— All revenue and survey officers and persons acting under their order may enter upon and survey any land and demarcate boundaries and do all other acts necessary for the purpose of discharging their duties under this Code or any other law for the time being in force, but, in so doing, shall cause no more damage than the circumstances of the case may require:

Provided that no person shall enter into any building or upon any enclosed court or garden attached to a dwelling house, except with the consent of the occupier thereof, without giving such occupier at least twenty-four hours' notice, and in making such entry due regard shall be paid to the social and religious sentiments of the occupier.

168. Power to transfer cases.— Whenever it appears to the Government that an order under this section is expedient for the ends of justice, it may direct that any particular case be transferred from one revenue officer to another revenue officer of an equal or superior rank.

169. Power to transfer cases to and from subordinates.— (1) A Collector, a Sub- Divisional Officer or a Mamlatdar may make over any case or class of cases, arising under the provisions of this Code or any other enactment for the time being in force for decision from his own file to any revenue officer subordinate to him competent to decide such case or class of cases or may withdraw any case or class of cases from any such revenue officer and may deal with such case or class of cases himself or refer the same, for disposal to any other revenue officer competent to decide such case or class of cases.

39 Inserted by the Amendment Act 23 of 1985.

53

Manual of Goa Laws (Vol. II) - 880 - Land Revenue Code and Rules

(2) A Collector, a Sub-Divisional Officer, or a Mamlatdar may make over for inquiry and report any case or class of cases arising under the priovisions of this Code or any other enactment for the time being in force from his own file to any revenue officer subordinate to him.

170. Power to take evidence, summon witnesses, etc.— (1) Every revenue or survey officer not lower in rank than an Awalkarkun acting as a revenue court shall have power to take evidence and to summon any person whose attendance he considers necessary, to be examined as a party or to give evidence as a witness or to produce any documents, for the purpose of any enquiry which such officer is legally empowered to make; and all persons so summoned shall be bound to attend either in person or by an authorised agent, as such officer may direct, and to produce such documents as may be required.

(2) All persons summoned as aforesaid shall be bound to state the truth upon any subject respecting which they are examined or make statements and to produce such documents and other things as may be required.

171. Summons to be in writing, signed and sealed; service of summons.— (1) Every summons shall be in writing in duplicate, and shall state the purpose for which it is issued, and shall be signed by the officer issuing it, and if he has a seal shall also bear his seal.

(2) The summons shall be served by tendering or delivering a copy of it to the person summoned or, if he cannot be found, by affixing a copy of it to some conspicuous part of his usual residence.

(3) If his usual residence be in another district or outside the Union territory, the summons may be sent by registered post.

172. Compelling attendance of witness.— If any person on whom a summons to attend as witness or to produce any document has been served fails to comply with the summons, the officer by whom the summons has been issued under section 170 may:—

(a) Issue a bailable warrant of arrest; or

(b) order him to furnish security for appearance.

173. Mode of serving notice.— (1) Subject to the provisions of this Code and the rules made thereunder, every notice under this Code may be served either by tendering or delivering a copy thereof, or sending such copy by post to the person on whom it is to be served, or his authorised agent or, if service in the manner aforesaid cannot be made, by affixing a copy thereof at his last known place of residence or at some place of public resort in the village in which the land to which the notice relates is situated.

(2) No such notice shall be deemed void on account of any error in the name or designation of any person, or in the description of any land, referred to therein, unless such error has produced substantial injustice.

54

Manual of Goa Laws (Vol. II) - 881 - Land Revenue Code and Rules

174. Procedure for attendance of witnesses.— In any formal or summary inquiry if any party desires the attendance of witnesses, he shall follow the procedure prescribed by the Code of Civil Procedure, 1908, for parties applying for summonses for witnesses.

175. Hearing in absence of party.— (1) If on the date fixed for hearing a case or proceeding, a revenue officer or survey officer finds that a summons or notice was not served on any party due to the failure of the opposite party to pay the requisite process fees for such service, the case or proceeding may be dismissed in default of payment of such process fees.

(2) If any party to a case or proceeding before the revenue officer or survey officer does not appear on the date fixed for hearing, the case may be heard and determined in his absence or as the case may be, dismissed in default.

(3) The party against whom any order is passed under sub-section (1) or (2) may apply within 30 days from the date of such order to have it set aside on the ground that he was prevented by any sufficient cause from paying the requisite process fees for service of a summons or notice on the opposite party or from appearing at the hearing and the revenue officer or survey officer may, after notice to the opposite party which was present on the date on which such order was passed and after making such inquiry as he considers necessary, set aside the order passed.

(4) Where an application filed under sub-section (3) is rejected, the party aggrieved may file an appeal to the authority to whom an appeal lies from an original order passed by such officer.

(5) Except as provided in sub-section (4) or except where a case or proceeding before any such officer has been decided on merits, no appeal shall lie from an order passed under this section.

176. Adjournment of hearing.— (1) A revenue or survey officer may, from time to time for reason to be recorded, adjourn the hearing of a case or proceeding before him.

(2) The date and place of an adjourned hearing of a case or proceeding shall be intimated at the time of the adjournment to such of the parties and witnesses as are present.

177. Mode of taking evidence in formal inquiries.— (1) In all formal inquiries the evidence shall be taken down in full, in writing, in such language as may be prescribed, by or in the presence and hearing and under the personal superintendence and direction of, the officer making the investigation or inquiry, and shall be signed by him. The officer shall read out or cause to be read out the evidence so taken to the witness and obtain his signature thereto in token of its correctness.

(2) In cases in which the evidence is not taken down in full in writing as aforesaid, the officer making investigation or inquiry 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 such officer with his own hand, and shall form part of the record.

55

Manual of Goa Laws (Vol. II) - 882 - Land Revenue Code and Rules

(3) If such officer is prevented from making a memorandum as required aforesaid, he shall record the reason of his inability to do so.

(4) When the evidence is given in English, such officer may take it down in that language with his own hand, and an authenticated translation of the same in such language as may be prescribed shall be made and shall form part of the record.

178. Writing and explanation of decisions.— Every decision, after a formal inquiry, shall be in writing signed by the officer making the same, and shall contain a full statement of the grounds on which it is made.

179. Summary inquiries how to be conducted.— In summary inquiries, the revenue officer or survey officer shall himself, as any such inquiry proceeds, record a minute of the proceedings in his own hand in English or in such language as may be prescribed embracing the material averments made by the parties interested, the material parts of the evidence, the decision, and the reasons for the same:

Provided that it shall at any time be lawful for such officer to conduct an inquiry directed by this Code to be summary under all, or any of the rules applicable to a formal inquiry, if he deems fit.

180. Formal and summary inquiries to be deemed judicial proceedings.— (1) A formal or summary inquiry under this Code shall be deemed to be a judicial proceeding within the meaning of sections 193, 219 and 228 of the Indian Penal Code, and the office of any authority holding a formal or summary inquiry shall be deemed a civil court for the purposes of such inquiry.

(2) Every hearing and decision, whether in a formal or summary inquiry, shall be in public, and the parties or their authorised agents shall have due notice to attend.

181. Ordinary inquiries how to be conducted.— An inquiry which this Code does not require to be either formal or summary, or which any revenue or survey officer may on any occasion deem to be necessary to make, in the execution of his lawful duties, shall be conducted according to such rules applicable thereto, whether general or special, as may have been prescribed by the Government, or an authority superior to the officer conducting such inquiry, and except in so far as controlled by such rules, according to the discretion of the officer in such way as may seem best calculated for the ascertainment of all essential facts and the furtherance of the public good.

182. Copies and translations, etc., how to be obtained.— In all cases in which formal or summary inquiry is made, authenticated copies and translation of decisions, orders, and the reasons therefor, and of exhibits, shall be furnished to the parties, and original documents used as evidence shall be restored to the persons who produced them, or to persons claiming under them, on due application being made for the same, subject to such charges for copying, searches, inspection and other like matters as may, from time to time, be prescribed by the Government.

183. Arrest of defaulter to be made upon warrant.— Whenever it is provided by this Code that a defaulter, or any other person may be arrested, such arrest shall be made upon a warrant issued by any officer competent to direct such person's arrest.

56

Manual of Goa Laws (Vol. II) - 883 - Land Revenue Code and Rules

184. Collector how to proceed in order to evict any person wrongfully in possession of land.— Whenever it is provided by this Code or by any other law for the time being in force that the Collector may or shall evict any person wrongfully in possession of land, such eviction shall be made in the following manner, that is to say:—

(a) by serving a notice on the person or persons in possession requiring them (within such time as may appear reasonable after receipt of the said notice) to vacate the land, and

(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

(c) if the officer removing any such person be resisted or obstructed by any person, the Collector shall hold a summary inquiry into the facts of the case, and if satisfied that the resistance or obstruction was without any just cause, and that such resistance and obstruction still continue, may, without prejudice to any proceedings to which such person may be liable under any law for the time being in force for the punishment of such resistance or obstruction, issue a warrant for the arrest of the said person, and on his appearance send him with a warrant, in the prescribed form for imprisonment in the civil jail of the district for such period not exceeding thirty days as may be necessary to prevent the continuance of such obstruction or resistance.

185. Power to give and apportion costs.— A revenue or survey officer may give and apportion costs incurred in any case or proceeding arising under this Code or any other law for the time being in force in such manner and to such extent as he thinks fit:

Provided that the fees of a legal practitioner shall not be allowed as costs in any such case or proceedings, unless such officer considers otherwise for reasons to be recorded by him in writing.

186. Appearances before and applications to revenue officers.— All appearances before, applications to and acts to be done before, any revenue or survey officer under this Code or any other law for the time being in force may be made or done by the parties themselves or by their authorised agents or by any legal practitioner:

Provided that subject to the provisions of section 132 and 133 of the Code of Civil Procedure, 1908 any such appearance shall, if the revenue officer so directs, be made by the party in person.

187. Correction of error or omission.— Any revenue officer by whom any order was passed in a case or proceeding may, either on his own motion or on the application of a party correct any error or omission not affecting a material part of the case or proceeding, after such notice to the parties as he may consider necessary.

CHAPTER XII

Appeals, Revision and Review

188. Appeals.— (1) Save as otherwise expressly provided, an appeal shall lie from every original order, other than an interim order passed under this Code—

57

Manual of Goa Laws (Vol. II) - 884 - Land Revenue Code and Rules

(a) if such an order is passed by an officer subordinate to the Sub-Divisional Officer, to the Sub-Divisional Officer;

(b) if such an order is passed by the Sub-Divisional Officer, to the Collector;

(c) if such an order is passed by the Collector, to the Tribunal;

(d) if such an order is passed by an Assistant Survey and Settlement Officer, to the Survey and Settlement Officer or to a revenue officer notified by the Government in the Official Gazette to be the appellate authority;

(e) if such an order is passed by a Survey and Settlement Officer, to the Director of Settlement and Land Records or to a revenue officer notified to be the appellate authority; and

(f) if such an order is passed by the Inspector of Surveys and Land Records, to the Superintendent of Surveys and Land Records.

(2) A second appeal shall lie against any order passed in first appeal:

(a) if the first appeal was filed under clause (a) of sub-section (1), to the Collector;

(b) if the first appeal was filed under clause (b) of sub-section (1), to the Tribunal;

(c) if the first appeal was filed under clause (d) of sub-section (1), to the Director of Settlement and Land Records or to a Revenue Officer notified by the Government in the Official Gazette to be the second appellate authority; and

(d) if the first appeal was filed under clause (e) or (f) of sub-section (1), to the Tribunal.

189. Limitation of appeals.— No appeal shall lie,—

(a) in the case of a first appeal, after the expiry of sixty days from the date of the order appealed against; and

(b) in the case of a second appeal, after the expiry of sixty days from the date of the order appealed against.

190. Copy of order to accompany petition of appeal.— Every petition for appeal, review or revision shall be accompanied by a certified copy of the order to which objection is made unless the production of such copy is dispensed with.

191. Power of appellate authority.— (1) The appellate authority may either admit the appeal or, after calling for the record and giving the appellant an opportunity to be heard, may summarily reject it:

Provided that the appellate authority shall not be bound to call for the record where the appeal is time barred or does not lie.

(2) If the appeal is admitted, a date shall be fixed for hearing and notice thereof shall be served on the respondent.

58

Manual of Goa Laws (Vol. II) - 885 - Land Revenue Code and Rules

(3) After hearing the parties, if they appear, the appellate authority may, for reasons to be recorded in writing, either annul, confirm, modify, or reverse the order appealed against, or may direct such further investigation to be made, or such additional evidence to be taken, as it may think necessary; or may itself take such additional evidence; or may remand the case for disposal with such directions as it thinks fit.

192. Revision.— The Government⁴⁰[ or such officer as the Government may specify in this behalf] or any revenue officer above the rank of a Mamlatdar or Inspector of Surveys and Land Records may, at any time, either on his own motion or on the application of any party, call for the records of any inquiry or proceedings before any revenue or survey officer subordinate to him for the purpose of satisfying itself or himself, as the case may be, as to the legality or the propriety of any decision or order passed by such revenue or survey officer or as to the regularity of the proceedings of such officer and may pass such order in reference thereto as deemed fit or necessary:

Provided that the Government or such officer shall not vary or reverse any order affecting any question of right without having given to the parties interested notice to appear and to be heard in support of such order:

Provided also that no such record shall be called for after the expiry of one year from the date of the order sought to be revised or before the expiry of the appeal period or during the pendency of an appeal against such order.

193. Review of orders.— (1) The Tribunal or revenue or survey officer may, either on its or his own motion or on the application of any party interested, review any order passed by itself or himself or by any of its or his predecessors-in-office and pass such order in reference thereto as it or he thinks fit:

Provided that a revenue officer subordinate to the Collector or Settlement Officer or Superintendent of surveys shall, before reviewing any order under this section, obtain the permission of the Collector or Director of Settlement and Land Records, as the case may be, and the Collector or the Director of Settlement and Land Records shall, before reviewing an order passed by any of his predecessors-in-office, obtain the permission of the Government, if the review is to be made on a ground other than that of clerical mistake.

(2) No order affecting any question of right between private persons shall be reviewed except on the application of a party to the proceedings and except by notice to the other party, and no application for the review of such order shall be entertained unless it is made within ninety days from the date of the order.

(3) No order shall be reviewed except on the following grounds, namely :—

(i) discovery of new and important matter of evidence; or

(ii) some mistake or error apparent on the face of the record; or

(iii) any other sufficient reason.

59

Manual of Goa Laws (Vol. II) - 886 - Land Revenue Code and Rules

(4) For the purpose of this section, the Collector shall be deemed to be the successor- in-office of any revenue officer who has left the district or who has ceased to exercise powers as a revenue officer and to whom there is no successor in the district.

(5) An order which has been dealt with in appeal or in revision shall not be reviewed by any officer subordinate to the appellate or revisional authority.

(6) A revenue or survey officer shall not on his own motion review any order under this section if the order has been made more than six months previously.

(7) Orders passed in review shall on no account be reviewed.

194. Appeal passed against review or revision.— (1) An order passed in review varying or reversing any order shall be appealable in the like manner as an original decision or order.

(2) An order passed in revision varying or reversing any order shall be appealable as if it were an order passed by the revisional authority in appeal.

195. Application of limitation Act, 1963.— Provisions of sections 4, 5, 12 and 14 of the Limitation Act, 1963, shall apply to the filing of appeals or applications for revision and review under this Act.

196. Stay of execution of orders.— (1) A revenue or survey officer who has passed any order or his successor-in-office may, at any time before the expiry of the period prescribed for appeal, direct the stay of execution of such order for such period as he thinks fit, provided that no appeal has been filed.

(2) Any authority before whom a case is pending in appeal or revision may direct the stay of execution of the order appealed from or under revision for such period as it may think fit.

(3) The revenue officer or other authority directing such stay of execution of any order may impose such condition, or order such security to be furnished, as he or it may think fit.

197. Rules as to decisions or orders expressly made final.— Whenever in this Code it is provided that a decision or order shall be final or conclusive, such provision shall mean that no appeal lies from any such decision or order; but it shall be lawful to the Government alone to modify, annul or reverse any such decision or order under the provisions of section 192.

CHAPTER XIII

Miscellaneous

198. Delegation of powers.— The Government may by notification in Official Gazette delegate any of the powers and duties conferred upon the Government or any officer under this Code, to any revenue officer subject to such conditions, if any, as may be specified in the notification.

60

Manual of Goa Laws (Vol. II) - 887 - Land Revenue Code and Rules

199. Power to make rules.— (1) The Government may, by notification in the Official Gazette, make rules for carrying into effect the provisions of this Code.

(2) In particular, and without prejudice to the generality of the foregoing provision, such rules may provide for all or any of the following matters:—

(i) under section 4, appointment of other village officers, and servants;

(ii) under section 8, the registers, accounts and other records to be kept by the village officers;

(iii) under section 9, the powers and duties to be performed by the officers specified in clauses (b), (d), (e), (f) and (g) of section 4;

(iv) under section 21, rules for the disposal of land belonging to or vesting in the Central Government;

(v) under sub-section (1) of section 22, rules for the disposal of alluvial land;

(vi) under sub-section (4) of section 24, the premium to be paid;

(vii) under section 26, the rules subject to which the Collector may lease under grant or contract any unoccupied land;

(viii) under section 31, the rules subject to which the Collector or survey officer may regulate or prohibit the use of land for other purposes and summarily evict any holder who uses such land for such prohibited purpose;

(ix) under sub-section (1), of section 32 the form of application for permission to convert the use of land from one purpose to another; under clause (c) of sub-section (2), of section 32 the rules subject to which permission for change of user may be granted. by the Collector; and under sub-section (3), of section 32 the conditions subject to which the permission for change of user shall be deemed to have been granted under sub-section (5), of section 32 the rules prescribing the fine which the defaulter shall be liable to pay; and under sub- section (6) of section 32 the form in which sanad shall be granted to the holder for non-agricultural use;

(x) under sub-section (1) of section 33, the rules prescribing the fine to be paid as penalty for using land without permission;

(xi) under section 35, the rules subject to which the Collector may regularize the non-agricultural use of any land;

(xii) under sub-section (9) of section 36, the rules to regulate the extraction and removal of minor minerals;

(xiii) under section 38, the rules subject to which the land shall be granted to the encroacher;

(xiv) under section 46, rules subject to which holding shall be disposed of;

(xv) under section 50, the rules subject to which a holder of land shall be entitled to decrease of' assessment;

(xvi) under sub-section (2), of section 51, rules according to which the assessment may be altered;

61

Manual of Goa Laws (Vol. II) - 888 - Land Revenue Code and Rules

(xvii) under section 52, the rules in accordance with which reduction, suspension or remission of land revenue in any area may be granted;

(xviii) under section 60, the rules in accordance with which the records of the area and assessment of survey numbers and sub-divisions thereof shall be maintained;

(xix) under section 61, the rules in accordance with which the Collector may divide the holding and apportion assessment thereof and the limits of area of land revenue below which partition may be rejected;

(xx) under section 66, the rate of survey fee;

(xxi) under section 67, the form of sanad;

(xxii) under sub-section (1) of section 69, the rules for dividing the lands to be settled into groups and fixing the standard rates for each group;

(xxiii) under section 71, the manner of ascertaining the average yield of crops of land for the purposes of the settlement and the manner of holding enquiry for that purpose and the manner of submitting report to the Collector;

(xxiv) under sub-section (1) of section 72, the manner of publication of settlement report;

(xxv) under sub-section (3) of section 74, scale for levy of surcharge and grant of rebate;

(xxvi) under sub-section (1) of section 77, other particulars to be shown in the settlement register;

(xxvii) under section 79, the manner in which land revenue assessment of individual survey numbers and sub-divisions shall be fixed by the Settlement Officer on the basis of their classification value;

(xxviii) under section 87, the percentage of the full market value of lands and the other manner of publication of the standard rates of non-agricultural assessment, fixed or revised and the manner in which the full market value shall be estimated;

(xxix) under section 91, the other occupations under clause (1), and the period and conditions under clause (5), thereof;

(xxx) under sub-section (1), the form of the record of rights and the other particulars which a record of rights shall include, under sub-section (2), the procedure for the first preparation of the record of rights in any village and under sub-section (3) of section 95 the rules for maintaining the record of rights up-to-date;

(xxxi) under section 97, the form of acknowledgement to be given by the Talathi under sub-section (3), the manner in which orders disposing of objections shall be recorded in the register of mutations under sub-section (4), the rules subject to which transfers of entries from the register of mutations to the record of rights shall be effected under sub-section (5), the manner in which entries in the register of mutations shall be certified under sub-section (6) thereof;

62

Manual of Goa Laws (Vol. II) - 889 - Land Revenue Code and Rules

(xxxii) under section 98, the form of the register of cultivators and crops and the manner in which it shall be maintained;

(xxxiii) the rules for the purpose of section 101;

(xxxiv) under section 102, the form in which and the times at which intimation of transfers by registering officers shall be sent;

(xxxv) under section 104, the other land records to be prepared;

(xxxvi) under section 108, the rules subject to which, and the fees on payment of which, maps and records shall be open to the inspection of the public and certified extracts from the same or certified copies thereof shall be given; (xxxvii) under sub-section (2) of section 114, the rules for regulating the procedure of the Collector in demarcating the boundaries of a survey number or of a sub-division and the nature of the boundary marks to be used and authorising the levy of fees from the holders of land;

(xxxviii) under section 116, the rules subject to which the Superintendent of Surveys and Land Records may determine the description of the boundary marks and survey marks and the manner in which they shall be constructed, laid out, maintained or repaired and determining dimensions and materials of such boundary and survey marks under sub-section (3) thereof;

(xxxix) under section 121, the rules providing for the payment of land revenue in instalments and prescribing the dates on which, the persons to whom, and the places whereat, such instalments shall be paid;

(xl) under sub-section (2) of section 125, the officer or class of officers who shall distrain and sale the movable property of a defaulter and the manner and procedure of doing it;

(xli) under section 127, the rules subject to which the holding forfeited to Government may be sold or otherwise disposed of;

(xlii) under section 129, the form of warrant;

(xliii) under sub-section (1) of section 131, the form of security; (xliv) under sub-section (1) of section 133, the form of proclamation to be issued, by the Collector;

(xlv) under sub-section (4) of section 134, the form of notice; (xlvi) under section 181, the rules for conducting ordinary inquiries; (xlvii) under section 182, the charge for copying, searches inspection and other like matters;

(xlviii) under section 184, the form of warrant;

(xlix) any other matter for which rules may be made under this Code.

(3) All rules made under this Code shall be subject to the condition of previous publication and every rule shall be laid, as soon as may be after it is made, before the Legislative Assembly of Goa, Daman and Diu while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following the House agreed in making any modification in any such rule or the House

63

Manual of Goa Laws (Vol. II) - 890 - Land Revenue Code and Rules agreed that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

200. Penalty for breach of rules.— It shall be lawful for the Government, in making any rule under section 199, to prescribe that any person committing a breach of the same shall be deemed to have committed a cognizable offence and on conviction by a magistrate be punished with imprisonment for a term not exceeding one month or with fine not exceeding five hundred rupees, or with both in addition to any other consequence that would ensue from such breach.

201. Repeal.— On the commencement of this Code the following laws, that is to say

(a) Decree No. 3602 dated the 24th November, 1917.

(b) Portaria Provincial No. 1195 dated the 18th November, 1922.

(c) Legislative Diploma No. 196 dated the 10th November, 1925.

(d) Legislative Diploma No. 272 dated the 18th April, 1927.

(e) Legislative Diploma No. 325 dated the 16th June, 1928.

(g) Legislative Diploma No. 760 dated the 12th October, 1934.

(g) Legislative Diploma No. 764 dated the 26th November, 1934.

(h) Legislative Diploma No. 1740 dated the 26th September, 1957.

(i) Legislative Diploma No. 1776 dated the 20th March, 1958. and any other law in force in the Union territory of Goa, Daman and Diu corresponding to any of the provisions of this Code shall stand repealed:

Provided that the repeal shall not affect—

(a) the previous operation of any law so repealed or anything duly done or suffered thereunder, or

(b) any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed in so far as it is consistent with the provisions of this Code or the Rules framed thereunder, or

(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any law so repealed.

(d) any investigation, proceeding, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, proceeding, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if this Code had not been passed:

Provided also that, subject to the preceding proviso and any saving provisions made in any of the Chapters of this Code, anything done or any action taken including any rules, assessments, appointments and transfers made, notifications, orders, summons, notices, warrants and proclamations issued, authorities and powers conferred, forms and leases granted, survey and boundary marks fixed, record of rights and other records framed or confirmed, rights acquired, liabilities incurred and times and places appointed under any

64

Manual of Goa Laws (Vol. II) - 891 - Land Revenue Code and Rules law so repealed shall, in so far as it is not inconsistent with the provisions of this Code, be deemed to have been done or taken under the corresponding provisions of this Code; and shall continue to be in force accordingly unless and until superseded by anything done or action taken under this Code.

41 [202. Protection of action taken in good faith.— No suit, prosecution or any other legal proceedings shall lie against the Government or any officer or employee of the Government or any person authorized by the Government for anything which is in good faith done or intended to be done under this Act.]

41 Inserted by the Goa Act 6 of 2007.

65

Manual of Goa Laws (Vol. II) - 892 - Land Revenue Code and Rules

GOVERNMENT OF GOA, DAMAN AND DIU

Revenue Department

__

Notification

RD/LRC/245/69-71/I In exercise of the powers conferred by sub-section (2) of Section 199 of the Land Revenue Code, 1968 (9 of 1969) and all other powers enabling him in that behalf the Lieutenant Governor of Goa, Daman and Diu is hereby pleased to make the following rules :

RULES

1. Short title and commencement.— (1) These rules may be called the Goa, Daman and Diu Land Revenue (Boundaries and boundary marks) Rules, 1969.

(2) They shall come into force at once.

2. Definitions.— In these rules—

(a) "Chavdi" means, a local village panchayat office or other convenient and centrally located public place as the Collector may direct;

(b) "Code" means the Goa, Daman and Diu Land Revenue Code, 1968;

(c) "Director" means a Director of Settlement and Land Records;

(d) "Form" means a form appended to these rules;

(e) "Inspector" means the Inspector of Surveys and Land Records;

(f) "Section" means a section of the Code.

3. Authorized boundary marks and survey marks.— The following boundary marks and survey marks are authorized:-

(A) Boundary Marks:-

Continuous marks:-

(1) Walls,

(2) Permanent fences,

(3) Bunds dressed with stones with at least 0.50 meter height.

Discontinuous marks:-

(4) Regular stones or cement pillars of 80 centimetres height, 22 centimetres length and 22 centimetres breadth for survey number boundary and of 50 centimetres height, 15 centimetres length and 15 centimetres breadth for sub-division boundary.

66

Manual of Goa Laws (Vol. II) - 893 - Land Revenue Code and Rules

(5) Clear and distinct marking on permanent marks, if any, existing along the boundary line inscribing therein the letters "RA".

(6) Any other marks that may be prescribed by the Director to meet the requirement of any area specified by him in this behalf:

Provided that, the Collector may permit the holders of land to substitute for one kind of mark any other authorized mark within such limits as the Director may, by any general or special order, define in that behalf.

(B) Survey Marks:—

(1) For purpose of minor triangulation survey, cement blocks of the size 50 centimetres height, 25 centimetres by 25 centimetres bottom and 12 centimetres by 12 centimetres top with a triangle and a point inscribed at the centre of the top of the cement block, or any other survey mark that may be prescribed by the Director to meet the requirements of any area specified by him in this behalf.

(2) For the auxiliary triangulation survey,—

(a) Galvanized iron hollow pipe of the size 38 centimetres height and 5 centimetres diameter buried in the center of a cement concrete square foundation of the size 30 centimetres length, 30 centimetres breadth and 10 centimetres height; or

(b) a hole 30 centimetres deep and 10 centimetres diameter made on a permanent mark; or

(c) any other survey mark that may be prescribed by the Director to meet the requirements of any area specified by him in this behalf.

4. Maintenance of continuous boundary marks.— The walls, permanent fences and bunds dressed with stones shall be maintained and kept in good repair.

5. Maintenance of discontinuous marks.— (1) Where the length of the boundary between the corners of a survey number is 250 metres or less no discontinuous mark should be raised in the interval, but in case there are bends, a stone should be fixed at each bend.

(2) Where the line of boundary between the corners of a survey number is more than 250 metres but not more than 500 metres in length, one discontinuous mark should be raised midway between the corners, and stones should be fixed at all intermediate bends if any. It is not, however, necessary to place the intermediate mark exactly half way between the corners.

(3) Where the line of boundary between the corners of a survey number is more than 500 metres in length an intermediate mark should be raised at approximately every 200 metres interval.

6. Determination of responsibility for maintenance of boundary marks.— (1) The responsibility of the several land holders for the maintenance of boundary marks on a common boundary lies on the holder of the survey number which is numerically lowest:

67

Manual of Goa Laws (Vol. II) - 894 - Land Revenue Code and Rules Provided that, the Collector may declare two or more holders jointly responsible for the maintenance of boundary marks or make distribution as appears equitable or may recognize the existing customary distribution. His decision shall be recorded in the survey papers:

Provided further that, where any survey number is, unoccupied or assigned for public or Government purposes, the responsibility for repair of the marks on its periphery shall lie on the landholder on the other side of the boundary except that where the marks in disrepair lie between survey numbers each of which has no holder except the Government, repairs shall be made at Government expense; and in such cases the Talathi shall be responsible for their maintenance.

(2) Within each survey number, the holder or holders of each sub-division are responsible for the marks, if any have been prescribed on the periphery of that sub- -division to the same extent as the holder or holders of survey numbers are responsible under sub-rule (1).

(3) A mark which is on the common boundary of two or more villages shall be repaired by the holders of the land in the village which is under restoration when the marks are found out of repair.

7. What boundary marks to be considered out of repair and how to be repaired.— The following boundary marks shall be considered out of repair and shall be repaired in the manner prescribed for each kind, as follows, namely:—

(1) A continuous mark (walls, permanent fences or bunds dressed with stones) if broken down, disturbed or removed or height of the bund is less than 0.50 metre. Mode of repairs: It shall be either rebuilt or replaced or the height of the bund is raised to 0.50 metre throughout, or supplemented by discontinuous marks.

(2) A discontinuous mark (regular stones or cement pillars and clear and distinct marking on permanent marks or any other marks prescribed by the Director) if broken down, disturbed or removed or overgrown or surrounded by vegetation of any kind so as not to be easily visible.

Mode of repairs: A stone or cement pillar of prescribed size or marks prescribed by Director shall be substituted at the proper place and the vegetation shall be cleared away until the mark is easily visible:

Provided that, in any case, where a boundary mark cannot, owing to flooding of a nala, or river, the breaking away of the bank or other causes, be kept in repair, another kind of authorized mark may be substituted. Where even that is impracticable, the direction of the boundary must be fixed by a pair of discontinous marks erected at an adequate distance back from the abandoned position, either both on the same side, or one on each opposite side thereof.

8. What survey marks to be considered out of repair and how to be repaired.—

The following survey marks shall be considered to be out of repair and shall be repaired in the manner prescribed for each kind as follows:—

68

Manual of Goa Laws (Vol. II) - 895 - Land Revenue Code and Rules

(1) Any cement block less than such size as may from time to time be prescribed by the Director.

Mode of repairs: A cement block of proper size shall be substituted.

(2) Any cement block, out of the ground or displaced from its correct position or buried less than two thirds of its length and loose.

Mode of repairs: The cement block shall be replaced or fixed firmly at its correct place.

9. Demarcation of boundary marks on application.— (1) If the holder of or any person interested in, a survey number or a sub-division wishes to have it demarcated and boundary marks constructed thereon, he may apply in writing to the Director.

(2) The application shall be accompanied by fees according to the scale prescribed from time to time in that behalf by the Director.

(3) On receipt of the application, the Director shall cause the survey number or sub- -division to be measured by the Inspector, and get the boundary marks fixed thereon in accordance with the provisions of these rules, on the basis of measurements noted in the land records.

(4) The cost of materials and labour incurred for fixation of boundary marks shall be paid by the holder of the survey number or sub-divisions.

10. Survey officers to furnish details of boundary marks to Collector.— On the introduction of a survey settlement or survey for the record of rights or of final town planning scheme or improvement scheme or a scheme for the consolidation of holdings under the provisions of the Code or of any law for the time being in force in the Union territory of Goa, Daman and Diu the Inspector shall furnish to the Collector a map, scheme and statements showing the position and description of the boundary marks erected or laid down by or under the orders of the Director. It shall be the duty of the Inspector to amend these maps in accordance with any subsequent alteration of boundaries in a revision survey or any other authorised occasion.

11. Programme for repairs of boundary marks and survey marks.— (1) A quinquennial programme for the repairs of the boundary marks and survey marks shall be fixed sufficiently in advance by the Collector, who shall send copies of the programme to the Director. In selecting the villages for the programme, the Collector shall select them by Circles so that each Revenue Inspector will have to be 8 to 10 villages or such number as the Collector may determine in his charge for this work, every year.

(2) In villages where boundary marks are due for repairs in accordance with the programme fixed under sub-rule (1), a general notice shall be given by the Mamlatdar not later than 1st November, stating that, the boundary marks and survey marks are due for repairs, intimating what the authorised marks are and asking the holders to take necessary steps to complete the repairs by 30th November next following. The notice shall be pasted in the Chavdi and published by beat of drum.

69

Manual of Goa Laws (Vol. II) - 896 - Land Revenue Code and Rules

(3) Between 1st December and 31st December, the Revenue Inspector accompanied by the Talathi and as many holders as possible, shall jointly inspect every boundary or survey mark in each survey number in the village and shall prepare a list of defective or missing marks. The Talathis shall thereafter issue individual notices to the holders concerned in Form A, requiring them to carry out the repairs within a period of one month from the date of notice, failing which the repairs would be carried out by Government at the cost of the holders.

(4) After 31st December, the Talathi shall proceed to check about the repairs to the marks actually carried out by the holders as required by the notice under sub-rule (3); and shall strike off from the list of defective and missing marks, all the marks which are duly repaired or constructed. Not later than 1st February, the Talathi shall submit to the Revenue Inspector an amended list of marks which are still to be repaired or constructed, and simultaneously give a notice to the holders of survey numbers of sub-divisions included in the amended list asking them to select a contractor to repair or reconstruct the marks within ten days of the notice. If a contractor is selected, the Talathi shall get the work completed before the 31st March next following.

(5) If no Contractor is selected by the holders, the Talathi shall send a report to the Mamlatdar through the Revenue Inspector before the 31st January for taking requisite orders. On receipt of such a report, the Mamlatdar may, after such enquiry as he may consider necessary, order the Talathi to have the marks repaired or constructed either by hired labour or through a contractor to be appointed by the Mamlatdar so as to complete the work before 31st March and recover the cost from the holders concerned.

FORM 'A'

(See rule 14)

Notice requiring Holders of Land to repair Boundary Marks/Survey Marks

From, The Talathi of village ……………………………………………….. Taluka ……………………………….

To,

…………………..

………………….

Whereas the boundary marks/survey marks of your holding detailed below, are defective, you are hereby directed to put them into proper repairs within a period of one month from the date of this notice, failing which the repairs would be carried out by the Government at your cost:-

70

Manual of Goa Laws (Vol. II) - 897 - Land Revenue Code and Rules Details of defective

Survey No. or missing boundary/survey marks

(1) (2)

Date …………………… 19 Talathi.

By order and in the name of the Administrator of Goa, Daman and Diu. Dr. J. C. Almeida, Revenue Secretary.

Panaji, 16th February, 1971.

————

NOTIFICATION

RD/LRC/245/69-71/II In exercise of the powers conferred by sub-section (2) of Section 199 of the Land Revenue Code, 1968 (9 of 1969) and all other powers enabling him in that behalf the Lieutenant Governor of Goa, Daman and Diu is hereby pleased to make the following rules:-

RULES

1. Short title and commencement.— (1) These rules may be called "The Goa, Daman and Diu Realisation of Land Revenue Rules, 1969".

(2) They shall come into force at once.

2. Definition.— In these rules, unless the context requires otherwise—

"Chavdi" means, a local village Panchayat Office or other convenient and centrally located public place as the Collector may direct;

"code" means the Goa, Daman and Diu Land Revenue Code, 1968;

"revenue year" means the year commencing on the 1st day of August;

"Section" means a section of the Code.

3. Land revenue where and to whom to be paid.— (1) All payments of land revenue shall be made to the Talathi of village in which the land in respect of which such revenue is due is situated:

Provided that, with the sanction of the Collector, such payment may, in special cases, be made into a Government treasury within the district to which the payment appertains:

71

Manual of Goa Laws (Vol. II) - 898 - Land Revenue Code and Rules Provided further, that where the Collector declares any village in a taluka to be a centre for the payment of land revenue in respect of such villages as the Collector specifies in that behalf, payment of the Land Revenue due in the villages so specified to the Talathis of those villages shall be made at the centre so declared.

(2) Any declaration made by the Collector, under sub-rule (1) shall be made known by affixing a copy thereof, in the Chavdi or some other public building in the villages concerned or in such other manner as the Collector may deem expedient.

4. Dates on which land revenue falls due and is to be paid.— (1) The land revenue payable on account of a revenue year shall fall due on the first day of that year.

(2) Land Revenue payable for any revenue year shall be paid:-

(i) where the total land revenue payable by a person in respect of the land held by him in a village does not exceed Rs. 20/- in one instalment only on a date not later than the fifteenth day of January falling in that revenue year;

(ii) where the total land revenue payable by a person in respect of the lands held by him in a village exceeds Rs. 20/-, in two equal instalments, the first instalment shall be paid not later than the fifteenth day of January and the second instalment shall be paid not later than the fifteenth day of April falling in that revenue year:

Provided that in any taluka or part thereof where these dates are found unsuitable for payment of land revenue due upon agricultural land, the Collector may with the sanction of the Government fix such other dates as he may deem expedient according to the circumstances of the season and of the villages concerned and the character of the crops generally grown therein and thereupon the land revenue due upon non-agricultural land shall also be paid in such taluka or part thereof on the date so fixed.

5. Form of notice of demand.— (1) The notice of demand to be issued under Section 124 shall be issued by the Talathi concerned in Form 1.

(2) Separate notices of demand shall be issued against different defaulters.

6. Form of proclamation and written notice to be issued under Section 127.— The proclamation and written notice to be issued under Section 127 shall be in form 2.

7. Only portion of holding to be forfeited and the manner of its disposal under Section 47.— (1) Where an arrear of land revenue is due in respect of any holding, the Collector shall forfeit only such portion of such holding as is, in his opinion, required to satisfy the demand on account of the arrears of land revenue.

(2) The Collector shall take possession of a holding forfeited under sub-rule (1) and may lease it to the former occupant or to any other person for a period of one year at a time.

(3) If within three years of the date on which the Collector takes possession of the holding under sub-rule (2), the former occupant thereof applies for restoration of the holding, the Collector may, after the expiry of the lease, if any, given under sub-rule (2) restore the holding to the occupant on his paying to the Government the arrears due from

72

Manual of Goa Laws (Vol. II) - 899 - Land Revenue Code and Rules him as land revenue and a penalty equal to three times the assessment. If the former occupant fails to get the holding restored to him within the period aforesaid, the holding shall be sold by the Collector in the manner provided in rules 12 to 16.

8. Remission of arrears of land revenue in certain cases.— Where any land forfeited for default in payment of land revenue is not disposed of in accordance with the provisions of Section 47, the arrear of land revenue payable by the defaulter shall ordinarily be remitted without having recourse to further compulsory process against him.

9. Form of warrant of distraint of defaulter's movable property and mode of making such distrait.— (1) For distraining the defaulter's movable property under Section 125, the Collector shall issue a warrant of distraint in Form 3 to an officer not below the rank of Revenue Inspector (hereinafter referred to in this rule as "the distraining officer").

(2) The distraining officer may distrain the defaulter's movable property by actual seizure and shall keep it in his custody or in the custody of any of his subordinates and shall be responsible for the property seized by him:

Provided that where the movable property seized is subject to speedy and natural decay or where the expenses of keeping it in custody is likely to exceed its value, the distraining officer shall cause it to be sold at once in accordance with the orders of the Collector:

Provided further that, where the movable property seized consists of live-stock, agricultural implements or other articles which cannot be conveniently removed, the distraining officer may if the property is not caused to be sold under the preceding proviso, leave it at the instance of the defaulter or any other person claiming to be interested in the property, in the village or at the place where it is distrained—

(i) in the charge of the defaulter or of the pound-keeper, if any; or

(ii) in the charge of the person claiming to be interested in the property or of any other person who in the opinion of the distraining officer, is respectable and is willing to keep the property in his custody; on such defaulter or pound-keeper or, as the case may be, such person entering into a bond with one or more sureties in an amount not less than the value of the property and giving an undertaking to produce it before the distraining officer when called for.

(3) The distraining officer shall make a list of the property distrained and shall obtain thereto the acknowledgement of the person in whose custody, the property is left, and if possible of the defaulter and of at least one person who in his opinion, is, respectable in attestation of the correctness of the list. If the property distrained includes both live-stock and other articles, a separate list of the live-stock shall be prepared and attested as aforesaid.

(4) Where the live-stock or other movable property is not left in charge of the defaulter, the expenses for feeding and watering the live-stock or for the safe custody of the other movable property, shall be charged at such rate as the Collector may, by general or special order, fix. The expenses so incurred shall be first charged on the sale proceeds of the property.

73

Manual of Goa Laws (Vol. II) - 900 - Land Revenue Code and Rules

10. Provisions of Civil Procedure Code to apply.— The provisions of rules 46 to 53 of Order XXI of the First Schedule to the Code of Civil Procedure, 1908, regarding the attachment of movable property dealt with in those rules shall, as far as may be, apply to the distraint of movable property made under the Code.

11. Attachment of immovable property.— (1) The attachment of immovable property under Section 128 shall be effected by an order to be issued by the Collector in Form 4 prohibiting the defaulter from transferring or charging the property in any way and prohibiting all other persons from taking any benefit from such transfer or charge.

(2) The order shall be proclaimed by the Mamlatdar at some place on or adjacent to such property by beat of drum or other customary mode, and a copy of the order shall be affixed on a conspicuous part of the property and also on the notice board of the office of the Talathi.

(3) The order shall take effect as against purchasers for value in good faith from the date when a copy thereof is affixed on the property and against all other transferees from the defaulter from the date on which such order is made.

12. Sales of forfeited, distrained or attached property.— (1) Sales of forfeited, distrained or attached property shall ordinarily be held in the town or village in which the property is situated.

(2) Proclamations and written notices of such sales shall be issued—

(a) in Form 5 in the case of forfeited property;

(b) in Form 6 in the case of distrained property;

(c) in Form 7 in the case of attached property.

13. Upset price may be fixed.— Where any land or other property is sold by public auction, an upset price shall, if the Collector thinks fit, be placed thereon.

14. Forms of certificates of sales.— After the sale of the immovable property is confirmed, a certificate of sale shall be issued to the purchaser,—

(a) in Form 8 where the property sold is a forfeited property;

(b) in Form 9 where the property sold is an attached property.

15. Delivery of movable property after its sale becomes absolute.— Where the sale of a movable property becomes absolute under Section 140 or 141, the Officer conducting the sale shall—

(a) deliver the property to the purchaser if the property was actually seized; and

(b) make an order vesting such property in the purchaser in any other case.

16. Mode of putting purchaser in possession under Section 153.— (1) Where the land sold is in the possession of the defaulter or of some person on his behalf or of some person claiming under a title created by the defaulter after the attachment of the land or

74

Manual of Goa Laws (Vol. II) - 901 - Land Revenue Code and Rules after a certificate in respect thereof is granted under rule 14, the officer conducting the sale shall, on the application of the purchaser, order delivery to be made by putting such purchaser or any person whom the purchaser may appoint to receive delivery on his behalf, in possession of land, and, if need be, forcibly remove any person, who refuses to vacate the same.

(2) Where such land is in the possession of a tenant or other person entitled to occupy the same, the Officer conducting the sale shall, on the application of the purchaser, order delivery to be made by affixing a copy of the certificate granted under rule 14 in some conspicuous place on the land and by proclaiming to the person in possession, by beat of drum or other customary mode, that the interest of the defaulter has been transferred to the purchaser.

17. Procedure for recovering sums recoverable as an arrear of land revenue.—

(1) Where any sum due to any department of Government or a local authority or a co-operative society or any institution established under an enactment is recoverable as an arrear of land revenue from any defaulter, such department, local authority or, as the case may be, co-operative society may send a requisition in writing for recovering the sum to the Mamlatdar of the taluka in which the defaulter resides or has property.

(2) Such requisition shall contain the following particulars, namely:-

(a) Full name and address of the defaulter;

(b) The sum to be recovered;

(c) The provision of law under which the sum is recoverable as an arrear of land revenue;

(d) The process by which the sum may be recovered;

(e) The property against which the process may be executed.

(3) On receipt of such requisition, the Mamlatdar shall dispose it of in accordance with the provision of the Code and these rules.

18. Form of warrant to be issued under Section 129.— The warrant to be issued under Section 129 shall be in Form 10.

19. Form of security to be given under Section 131. — The security to be given under sub-section (1) of Section 131 shall be in Form 11.

FORM '1'

(See rule 5)

Notice of Demand to a Defaulter

To ….… son of ……... resident of …….. village, ……... taluka…….... district.

75

Manual of Goa Laws (Vol. II) - 902 - Land Revenue Code and Rules You are hereby required to take notice that a sum of Rs………… is due from you on account of arrears of land revenue as per details given in the sub-joined statement, and that unless it is paid within … days from the date of the service of this notice compulsory proceedings will be taken against you according to law for the recovery of the dues.

Survey

Village No. and Amount of Date of

Sub-division No. arrears service

1 2 3 4

Given under my hand Date: Seal

of

Place: office

Designation of the Revenue Officer

———— FORM '2'

(See rule 6)

Form of Proclamation and Written Notice of Forfeiture

Whereas . ..…. son of …… Resident of Village ….. taluka …. district …. has made default in payment of Rs……. on account of land revenue in respect of his holding bearing Survey No./Hissa No…… area……...assessment…….of village…..taluka…….. and whereas, it is necessary to recover the said amount together with all lawful charges and expenses by forfeiture of the said holding.

Notice is hereby given that on the expiry of (Here insert No. of days not being less than fifteen) days from the date of this notice,^the said holding shall be t h e p o r t i o n o f t h e s a i d forfeited to the State Government holding specified below shall be forfeited to the State Government.

(Here give description of the portion of the holding under declaration of forfeiture).

Given under my hand and the seal of this office.

Place:

Seal

Date:^of

office

Designation of the Revenue

Officer

76

Manual of Goa Laws (Vol. II) - 903 - Land Revenue Code and Rules

FORM '3'

(See rule 9)

Warrant of Distraint of Movable Property

To, (Name and office of the person charged with execution of the warrant) Whereas …..……. son of ………..… resident of village…….….. taluka . …….…district …… has made default in payment of Rs…………………..….… on account of land revenue in respect demand recoverable as an

of survey No./Hissa No.

arrears of land revenue of village ……………..….… taluka …………..……………….. district. You are hereby ordered to distrain the movable property of the said ….. and unless the total amount due is paid, to hold the same until further orders from this office. You are further ordered to return this warrant on or before the…… day of…… 19…. with an endorsement certifying the date and manner in which it has been executed or stating why it has not been executed.

Given under my hand and the seal of this office.

Place: Seal

of

Date: office

Designation of Revenue Officer

————

FORM '4'

(See rule 11)

Order of Attachment of Immovable Property

Whereas ….. son of …. resident of … taluka ….. district ….. had made default in payment of Rs. …. on account of ….. due by him as per details given below:-

(details of demand) …..

It is ordered that the said …. be and is hereby prohibited and restrained, until further orders of this office, from transferring or charging the property specified in the Schedule hereto by sale, gift or otherwise and all persons be and are hereby in like manner prohibited from receiving the same by purchase, gift or otherwise:—

77

Manual of Goa Laws (Vol. II) - 904 - Land Revenue Code and Rules

SCHEDULE

(Description of Property) Issued under my hand and seal of this office this ……..… day of ………..... 19 ……. Office of …………….

Seal

^of

office Collector

,

————

Form '5'

[See rule 12 (2) (a)]

Proclamation and Written Notice of Sale of Forfeited Property

Whereas the property specified below has been forfeited for the recovery of the arrears of land revenue specified in column (5) of the table below due by……….. son of ………. resident of village …………… taluka ………. district ………….

Notice is hereby given that unless the amounts due be paid to the Talathi of ……… before the day herein fixed for the sale, the said property shall be sold free of all encumbrances imposed on it and all grants and contracts made in respect of it, by public auction at ………. on the …….. day of ……… 19…… at or about ……. o'clock:—

Village Survey No. and Area Assessment Arrears of

Sub-Division No. land revenue due

1 2 3 4 5

Hectares Rs. Rs. Notes.— (1) Arrears of land revenue due on each survey number of sub-division number must be separately specified in column (5).

(2) If a holding consists of more than one survey number or sub-division number it would be open to the office conducting the sale to sell one or more of such numbers as may be considered necessary to recover the arrears.

Given under my hand and the seal of this office.

Dated 19.

Seal

^of

office Collector of ………

78

Manual of Goa Laws (Vol. II) - 905 - Land Revenue Code and Rules

Form '6'

[See rule 12 (2) (b)]

Proclamation and Written Notice of Sale of Distrained Movable Property

Whereas the movable property specified below has been distrained for the recovery of Rs. ……………………. on account arrears of land revenue

on account of demand recoverable as an arrears of land revenue due by … son of … resident of village … taluka .. district …… Notice is hereby given that unless the amount due be paid to the Talathi of…… before the day herein fixed for the sale, the said property shall be sold by public auction at…………….….. on the so made shall

day……19….., at or about……. o'clock. Any sale s h a l l n o t be subject to confirmation. Description of movable property Number of articles

1 2

Given under my name and the seal of this Office. Dated…………… 19.

Seal

^ofoffice Collector of ….

————

Form '7'

[See rule 12 (2) (c)]

Proclamation and Written Notice of Sale of Attached Immovable Property

Whereas the immovable property described below has been attached for the recovery of Rs…. on account of … due by … son of … resident of … taluka … district … Notice is hereby given that unless the total amount aforesaid being paid before the day herein fixed for the sale, the said property shall be sold by public auction at … on the … day of …. 19 …, at or about …. o'clock.

The sale extends only to the right, title and interest of the said defaulter in the said property:—

79

Manual of Goa Laws (Vol. II) - 906 - Land Revenue Code and Rules

DETAILS OF PROPERTY

Description Assessment, if any Note of any known encumbrances, etc.

1 2 3

Given under my hand and the seal of this office. Dated…..… 19…. Seal

of

office

Collector of ……….

————

FORM '8'

[See rule 14 (a)]

Certificate of Sale of Forfeited Immovable Property

This is to certify that ….. son of …. resident of village … taluka …. district … has been declared the purchaser of the property specified below at a sale by public auction held on the …. day of … 19…. and that the sale has been duly confirmed by the … on the …. day of …. 19…. This sale transferred to the purchaser the property free of all encumbrances imposed on it, and all grants and contracts made in respect of it by any person other than the purchaser:-

Survey No. Name of Amount

Village and Sub-Division Area Assessment recorded for

No. occupant or which

owner purchased

1 2 3 4 5 6

Given under my hand and the seal of this office. Dated……………. 19…..

Seal

^ofoffice

Designation of Revenue Officer

80

Manual of Goa Laws (Vol. II) - 907 - Land Revenue Code and Rules

FORM '9'

[See rule 14 (b)]

Certificate of Sale of Attached Immovable Property

This is to certify that ……… son of ………….. resident of village ………….. taluka …..….. district ……. has been declared the purchaser of the immovable property specified below at a sale by the public auction held on the …….. day of ……. 19 ……, and that the sale has been duly confirmed by the ….. on the day of ….19…….

This sale transferred to the purchaser the right, title and interest of …. son of …….. in the said property :

DETAILS OF PROPERTY

Survey No. Name of Amount Village and Sub-Division Area Assessment recorded for No. occupant or which

owner purchased

1 2 3 4 5 6

Dated …………… 19 ……. Seal of

office

Designation of Revenue Officer. ————

FORM '10'

(See Rule 18)

Form of Warrant to be issued by the Collector under Section 129

To, The office in charge of the Civil Jail at Whereas AB of …… was on the ……. day of ……… 19 …….., ordered by …….. to ….. (here state the substance of the demand made); and whereas the said AB has neglected to comply with the said order, and it has therefore been directed under the provisions of Section 129 of the Goa, Daman and Diu Land Revenue Code, 1968 that he be imprisoned in the Civil Jail until he obeys

81

Manual of Goa Laws (Vol. II) - 908 - Land Revenue Code and Rules the said order, or until he obtains his discharge under the provisions of Section 129 or 131 as the case may be, of the said code; you are hereby required to receive the said AB into jail under your charge and to carry the aforesaid order into execution according to law. Dated this ……… day of …….. 19 ……..,

Seal

^of(Signature of the Collector)

office

————

,

FORM '11' Form of bond to be required under Section 131

Whereas I, …… have been ordered by ….. to ….. (here state the nature of the demand) and whereas I dispute the right of the said …… to make the said order, I hereby bind myself to file a suit within fifteen days from the date of this bond in the District Court of ….. to contest the justice of the demand, and do agree that in the event of a decree being passed against me, I will fulfil the same and will pay all amounts including costs and interests, that may be due by me, or that if I fail to institute a suit as aforesaid, I will, when required, pay the above mentioned amount of …. Rupees (or will deliver up the above mentioned papers or property, as the case may be) and in the case of my making default therein, I hereby bind myself to forfeit to the Government the sum of …… rupees.

Dated (Signature)

Form of security to be subjoined to the Bond of the principal

We, ….. hereby declare ourselves securities for the above said ….. that he shall do and perform all that he has above undertaken to do and perform and in case of his making default herein, we hereby bind ourselves to forfeit to the Government the sum of …….. rupees. Dated (Signature)

By order and in the name of the Administrator of Goa, Daman and Diu. Dr. J. C. Almeida, Secretary (Revenue).

Panaji, 16th February, 1971.

82

Manual of Goa Laws (Vol. II) - 909 - Land Revenue Code and Rules

Notification

RD/LRC/245/69-71/III In exercise of the powers conferred by sub-section (2) of section 199 of the Land Revenue Code, 1968 (9 of 1969) and all other powers enabling him in that behalf the Lieutenant Governor of Goa, Daman and Diu is hereby pleased to make the following rules:

RULES

1. Short title and commencement.— (1) These rules may be called the Goa, Daman and Diu Land Revenue^*[(Procedure of Revenue Officers for serving summons, etc.)] Rules, 1969.

(2) They shall come into force at once.

2. Mode of serving summons.— (1)Where the person serving a summons serves it by tendering or delivering a copy of it to the person summoned, he shall require the signature or the attested thumb impression of the person to whom the copy is tendered or delivered to be endorsed in acknowledgement of service on the original summons.

(2) Where a summons is served by affixing a copy of it to some conspicuous part of the usual residence of the person summoned, the person serving the summons shall return the original copy of the summons to the revenue or survey officer by whom it was issued with a report endorsed thereon or annexed thereto stating that he has affixed the copy, the circumstances under which he did so and the name and address of the person in whose presence the copy was affixed. The report shall be attested by the person in whose presence the service was effected.

3. Mode of serving notice on authorised agent.— (1) Where the authorised agent on whom a notice under the Code is to be served is a legal practitioner, the notice may be served by leaving a copy thereof at his office or at the usual place of his residence, and such service shall be deemed to be as affectual as service on the authorised agent personally.

(2) Where the person on whom a notice is to be served cannot be found and such person has no authorised agent, service may be on any adult member of the family of such person who is residing with him.

Explanation.— For the purpose of this sub-rule, a servant shall not be deemed to be a member of the family of the person on whom the notice is to be served. * Substituted for the words "Procedure of Revenue Officers" by third Amendment Rules, 1977 published in Official Gazette Ser. I No. 21 dt. 25-8-77.

83

Manual of Goa Laws (Vol. II) - 910 - Land Revenue Code and Rules

(3) Where a notice is served either by tendering or delivering a copy thereof personally to the person on whom it is to be served or his authorised agent, he shall require the signature or thumb impression of the person to whom the copy is tendered or delivered to be endorsed in acknowledgement of service, on the original notice.

(4) Where a notice is served by affixing a copy thereof at the last known place of residence of the person on whom the notice is to be served, the person serving the notice shall return the original copy of the notice to the officer who issued it, with a report endorsed thereon or annexed thereto stating that he has so affixed the copy, the circumstances under which he did so, the name and address of the person in whose presence the copy was affixed; and where the copy is affixed at the last known place of residence of the person on whom the notice is to be served, the report shall also contain the name and address of the person by whom the house was identified and shall be attested by the person in whose presence the service was made or person by whom the house was identified.

4. Form of warrant to be issued under Section 184.— The warrant to be issued under Section 184 shall be in Form I.

————

FORM 'I'

(See Rule 4)

Form of Warrant to be issued by the Collector under Section 184

To, The Officer in charge of the Civil Jail at …… Whereas AB of … has resisted (or obstructed ) C.D. certain land in the village of … in the …taluka the land situated at …..

and whereas it is necessary, in order to prevent the continuance of such resistance or obstruction to commit the said AB to close custody; you are hereby required under the provisions of Section 184 of the Goa, Daman and Diu Land Revenue Code, 1968 to receive the said AB into the jail under your charge and thereto keep him in safe custody for …. days.

Dated this ….. day of …… 19 ….

(Signature of Collector)

By order and in the name of the Administrator of Goa, Daman and Diu.

Dr. J. C. Almeida, Secretary (Revenue).

Panaji, 16th February, 1971.

84

Manual of Goa Laws (Vol. II) - 911 - Land Revenue Code and Rules

Notification

RD/LRC/245/69-71/IV In exercise of the powers conferred by sub-section (2) of Section 199 of the Land Revenue Code, 1968 (9 of 1969) and all other powers enabling him in that behalf the Lieutenant Governor of Goa, Daman and Diu is hereby pleased to make the following rules:—

RULES

1. Short title and commencement.— (1) These rules may be called the Goa, Daman and Diu Land Revenue (Revenue Surveys and Sub-Divisions of Survey Number) Rules,

1969.

(2) They shall come into force at once.

2. Definitions.— In these rules unless the context requires otherwise,—

(a) "Code" means the Goa, Daman and Diu Land Revenue Code, 1968;

(b) "Director" means the Director of Settlement and Land Records;

(c) "Section" means a Section of the Code.

3. Survey number and sub-divisions.— (1) Every holding not less in area than the minimum fixed under Section 59 shall be separately measured, classified, assessed and defined by boundary marks, in the land records as a survey number.

(2) Every holding of which the area is less than such minimum shall be separately measured, classified and assessed and entered in the land records as a sub-division of that survey number in which it is directed to be included; it may also be separately demarcated if the Director so directs, provided that, the Director may require the persons interested in such holdings to pre-pay the costs or such portion of the costs as he thinks fit, of so demarcating the holding.

4. Record of measurements.— All measurements shall be recorded in a book or embodied in a plane table map kept in such form as shall be prescribed by the Director for any survey. The said books or maps shall be preserved permanently as a record of the survey.

5. Test of measurements.— The original measurements made by the subordinate survey officers employed for the purpose shall be tested by the officers in charge of measuring establishments in such manner and to such extent as the Director shall deem sufficient.

85

Manual of Goa Laws (Vol. II) - 912 - Land Revenue Code and Rules

6. Village maps.— Village maps shall be prepared under the orders of the Director showing each survey number and its boundary marks and such other details as may be specified by him, subject to general or special orders of the Government at the time of each survey.

7. Classification of land.— For the purpose of assessment, all land shall be classed with respect to its productive qualities. The number of classes and their relative value reckoned in paise, shall be fixed under the orders of the Director with reference to the circumstances of the different tracts of the country to which the survey extends and to the nature of the cultivation.

8. Field-books.— Every classer shall keep a field-book and record therein the particulars of his classification of each survey number and sub-division and the reasons which led him to place it in the particular class to which in his estimation it should be deemed to belong. Such field-book shall be preserved as permanent records of the survey.

9. Notice to holders.— When any classing operations are undertaken, notice shall be given to the holders to enable them to represent defects and point out their own improvements.

10. Test of classification.— A test of the original classification made by the subordinate officers employed for this purpose shall be taken by the officers in charge of classing establishments in such manner and to such extent as may be directed by the Director.

11. Amalgamation of survey numbers and sub-divisions.— (1) Any survey number or a sub-division of a survey number may, upon the application of the holder, be amalgamated with any other co-terminous survey number with the sanction of the Director provided that, the following conditions are satisfied, namely:—

(i) the total area on amalgamation does not exceed 16 hectares.

(ii) all the parcels of land proposed for amalgamation are held by the same holder upon the same tenure;

(iii) a common boundary is such that the amalgamation will materially facilitate cultivation:

Provided that, the limits imposed by or under condition (i) may be exceeded to such extent as the Director may by general or special order, sanction.

(2) Any sub-division may be amalgamated without prior sanction of the Director with any co-terminous sub-division of the same survey number held by the same holder upon the same tenure.

(3) When such amalgamation is effected, the two or more portions of land shall become one and two entry or more portions of land shall become one and two entry in the land records, bearing the same distinguishing number as the first in series of the

86

Manual of Goa Laws (Vol. II) - 913 - Land Revenue Code and Rules amalgamated numbers. Any boundary marks placed before such amalgamation shall be removed, and the village map corrected, accordingly.

12. Application of rules 3 to 11.— (1) Rules 3 to 11 (both inclusive) shall, unless otherwise directed by the Government, be observed in the conduct of revenue surveys of lands used or which may be used for the purposes of agriculture.

(2) Matters of detail not provided for in the foregoing rules shall be determined in each survey in accordance with such general or special orders as the Director, acting under the general control of the Government, may, from time to time, issue.

13. Non-agricultural land not to be classified in accordance with foregoing rules.— (1) Land of any of the kinds specified in sub-rule (2) shall be measured and mapped in accordance with rule 3 to 6 (both inclusive) but shall not be classified in accordance with rules 7 to 10.

(2) The lands referred to in sub-rule (1) are the following:—

(a) occupied lands, which are situated within an area in which a survey under rules 3 to 6 and 11 is in progress and which are used for any non-agricultural purpose;

(b) unoccupied lands, situated within any such area, which are deemed to be likely to be more in demand for building or industrial purposes than for agriculture; and

(c) all lands to which a survey is extended under Section 65.

14. Maintenance of records.— (1) For all the lands which have in the past been surveyed or assessed or which shall be hereafter surveyed or settled under the provisions of the code and these rules, it shall be the duty of the Director—

(a) to cause to be corrected any arithmetical or clerical error, whenever discovered;

(b) to cause to be incorporated punctually in the land records, all changes in boundaries, areas, tenures and assessments either or survey numbers or of their sub- -divisions which are made under orders of any competent authority under the code and these rules or any other law:

Provided that, where the assessment of any survey number has been fixed by a declaration under Section 75, such assessment shall not be increased upon the discovery of any mistake in classification, until the term of such declaration expires.

(2) Detailed instructions and forms shall be drawn up and maintained of the Director, subject to the orders and approval of the Government from time to time for the proper carrying out of this rule.

87

Manual of Goa Laws (Vol. II) - 914 - Land Revenue Code and Rules

15. Sub-division of survey numbers.— (1) Before field operations for division of a survey number into a sub-division are commenced a general notice shall be issued by the Mamlatdar and pasted in the village chavdi and proclaimed by beat of drum stating that the sub-divisions of survey numbers in the village are about to be measured according as they have been divided by the holders.

(2) Individual notices at least 10 days in advance shall be served by the Talathi upon the holders specifying the numbers or parts of numbers which are to be measured and the date on which the measurement operations would commence and warning the holders to be present on the field on the date so notified.

16. Boundaries to be laid down.— (1) When there is no dispute, the survey officer shall, after recording to that effect, lay down the boundary of each sub-division according to the statement made by the holders.

(2) Where there is any dispute, the boundary to which it relates shall be measured and mapped in accordance with the claims of both the disputants, and the dispute entered in the register of disputed cases. After the dispute has been settled under the provisions of the code and rules made thereunder, the map shall be corrected accordingly, and the areas finally entered into the land records.

17. Fees.— The fees to be recovered for making sub-divisions in cases to which clause

(b) of Section 101 applies shall, be such as will cover the entire cost of measuring, assessing and mapping the sub-division; and such fees shall be assessed by the Director.

18. Assessment.— The Proportionate assessment of sub-divisions to the land revenue settled upon the survey number shall be calculated according to the area and relative soil classification of the various sub-divisions. Detailed instructions shall be prescribed by the Director, subject to the approval of the Government, and may provide for the rounding off of fractions of ten paise.

19. Formation of sub-division of alluvial land.— Alluvial land lawfully occupied by a person other than the holder of the adjoining land shall be formed into a sub-division and included in the adjoining survey number.

20. Entry of survey numbers and sub-divisions in records.— The area and assessment of land surveyed and assessed to land revenue under the provisions of Chapters V, VI and VII of the Code, shall be recorded and maintained:-

(a) in the case of survey numbers, in Form A if the land is used for an agricultural purpose and in Form B, if it used for a purpose other than agriculture; and

(b) in the case of sub-division of survey numbers in Form C.

88

Manual of Goa Laws (Vol. II) - 915 - Land Revenue Code and Rules

89

Manual of Goa Laws (Vol. II) - 916 - Land Revenue Code and Rules

ABSTRACT

Area Assessment Ha. Rs. P.

A. Land for Cultivation—

1. Assessed—

(a) Occupied —(i) Ordinary Tenure

(ii) Restricted Tenure

(b) Unoccupied … … … …

(c) Land free or reduced by Special Agreement

(d) Inam (of which in N. A. use Ha.) … Total Assessed …

II. (a) Unassessed … … … …

(b) Unassessed and assigned for Special Use (e. g., agricultural farm, rice breeding centre, etc.)

Total — A …

Area Assessment

Ha. Rs. P.

B. Land not available for cultivation—

I. Uncultivable—

(a) Pot Kharab … … … … …

(b) Rivers and Nalas … … … … Total

II. Assigned for public and special uses—

(a) Forest (wood and plots-Ha) … …

(b) Kuran … … … … …

90

Manual of Goa Laws (Vol. II) - 917 - Land Revenue Code and Rules

(c) Free-Pasture, cattle-stand … … …

(d) Village site … … … … …

(e) Tank … … … … … …

(f) Burial ground … … … …

(g) Railways … … … … …

(h) Pot kharab assigned for roads, water courses, etc.

(i) Roads and Paths … … … …

(j) Cantonment lands (military camp, shooting range, etc.)

(k) School … … … … … …

(l) Dharmashalas … … … … … Total …

III. Leased out or granted (on conversion of use) of S. N. for N. A. uses—

(a) Bungalows and other human residences … …

(b) Factories, Mills and Industrial buildings …

(c) Brick-fields, Timber yards, etc., (not built on) …

(d) Play-grounds, etc. … … … …

(e) Salt-pans … … … … …

(f) School … … … … … …

(g) Dharmashalas … … … … … Total …

Total - B

Grant Total of Village Examined (date) ………………………… (Signed) ………..……………….. Aval Karkun

(Signed) …………………………. Mamlatdar

Date ………… (Signed) ………… Talathi.

91

Manual of Goa Laws (Vol. II) - 918 - Land Revenue Code and Rules

92

Manual of Goa Laws (Vol. II) - 919 - Land Revenue Code and Rules

93

Manual of Goa Laws (Vol. II) - 920 - Land Revenue Code and Rules

Notification

RD/LRC/245/69-71/V In exercise of the powers conferred by sub-section (2) of section 199 of the Land Revenue Code, 1968 (9 of 1969) and all other powers enabling him in that behalf the Lieutenant Governor of Goa, Daman and Diu is hereby pleased to make the following rules:—

RULES

1. Short title and commencement.— (1) These rules may be called the Goa, Daman and Diu Land Revenue (City Survey) Rules, 1969.

(2) They shall come into force at once.

2. Definitions.— In these rules, unless the context otherwise, requires:—

(a) "Code" means the Goa, Daman and Diu Land Revenue Code, 1968;

(b) "Director" means the Director of Settlement and Land Records;

(c) "Form" means a Form appended to these rules;

(d) "Inspector" means the Inspector of Surveys and Land Records;

(e) "section" means a section of the Code.

3. Collector to issue notice of survey.— Where a survey of lands in any village, town or city as directed to be made by the Government under section 65 the Collector shall cause to be issued in Form 'A' a general notice to the inhabitants of such village, town or city informing them about the introduction of the survey and calling upon the house owners, mortgagees, absentee owners and other persons having interest in the lands to be surveyed to give all information to the survey officers appointed for the purpose and to ensure that their lands are measured and rights recorded correctly.

4. Survey officer and his staff.— Subject to the control of such officer as may be designated by the Government in this behalf, a survey officer not below the rank of an Inspector shall be in charge of the survey operations. In conducting the survey operations, the survey officer shall be assisted by such staff of the Land Survey Department as such officer designated by the Government may appoint.

5. Survey operations.— Operations connected with any survey shall be carried out by the staff referred to in rule 4 as provided in that rule in such manner as the Director may, from time to time direct. The operations so carried out shall be recorded in maps drawn to a scale as may from time to time be laid down by the Director. The staff shall also record

94

Manual of Goa Laws (Vol. II) - 921 - Land Revenue Code and Rules information in respect of particulars of the property and names of the holders thereof and enter it in columns 1 to 4 of the inquiry register in Form 'B'. The maps and the register so prepared shall then be forwarded for the purposes of rule 6 to the Inquiry Officer who shall be a Survey Officer not below the rank of an Inspector or a Mamlatdar appointed by the Government or as the case may be, the Director.

6. Procedure of enquiry.— (1) It shall be the duty of the Inquiry Officer to determine, for each parcel of land situated within the limits of the area under survey, who is entitled to be confirmed in possession of each such parcel of land, what possessions constitute encroachments, easements or licenses and what lands vest in a local authority or Government and, in case of land adjudged to be in the legitimate possession of a private individual or body, its tenure and liability to pay land revenue.

(2) For purposes of determining the right, title and interest of individuals and bodies in respect of lands under survey under sub-rule (1), the Inquiry Officer shall hold an enquiry under section 14 of the Code or section 85 of the Goa, Daman and Diu Municipalities Act, 1968. The maps and registers referred to in rule 5 shall be corrected in accordance with the decision of the Inquiry Officer or, where an appeal is filed or a civil suit instituted, in accordance with the final order passed in appeal or civil suit.

(3) The Inquiry Officer shall send a list of unoccupied vacant plots of waste land which are not claimed by any person to the Collector. The Collector shall, on receipt of such list, cause a public notice in Form 'C' to be affixed on each such plot requiring any person desiring to claim any interest in the plots to appeal before the Inquiry Officer within the period specified in the notice with documentary evidence of title to the plot. If any claim is made in relation to such plot, the Inquiry Officer shall proceed to determine it in accordance with sub-rule (2). If no claim is made within the period aforesaid, the plot shall be entered as land vesting in the Central Government.

7. Property Card Register.— The final results of the enquiry shall be recorded for each parcel of land separately in a card in Form 'D' to be called "Property Card Registers".

8. Survey fees.— (1) The survey fees payable under section 66 shall ordinarily be so fixed by the Collector that the total sum payable in respect of the site under survey shall cover the cost of the survey and preparation of the Property Card Register thereof.

(2) In fixing the fees for each building site or any portion thereof held separately, the Collector shall have regard to the provision of sub-rule (1) and to the position, value and area of such building site or portion, thereof.

9. Form of sanad to be issued under section 67.— The sanad to be issued under section 67 to every holder of building site shall be in Form E.

95

Manual of Goa Laws (Vol. II) - 922 - Land Revenue Code and Rules

10. Fee for supply of duplicate copy of sanad.— If any holder applies for a copy of sanad under section 67 a copy of such sanad may be supplied to him on payment of a fee not exceeding one rupee.

* 11. Responsibility for maintenance of record of rights and register of mutations.— In areas surveyed under section 65, the survey officer or Revenue Officer not below the rank of a Mamlatdar shall be responsible for the up-to-date maintenance of the record of rights and register of mutations in all surveyed cities and towns within his jurisdiction.

12. Form of acknowledgement of report under section 96.— The acknowledgement of the receipt of the report made by any person under section 96 shall be made in Form F.

13. Entries in register of mutations.— The reports and intimations of acquisition or transfer received by the Talathi under sub-section (1) of section 97, shall be entered by him in the Property Card.

14. Notice of mutation.— As soon as a mutation is entered in the Property Card under rule 13, the Talathi shall post up a complete copy of the entry in the towns or city in a conspicuous place. He shall also simultaneously give notice in Form G to all persons appearing from the Property Card to be interested in the mutation and to any person whom he has reason to believe to be interested therein, requiring them to send their objections, if any, to the entry either orally or in writing if any, to the entry either orally or in writing within fifteen days from the date of receipt of such notice.

15. Form of acknowledgement for objections and of register of disputed cases.—

The acknowledgement for objections received in response to the notice given under rule 14 shall be given in Form H and the register of disputed cases in which such objections should be entered shall be in Form I

16. Disposal of disputes and certification.— The disputes entered in the register of disputed cases shall be decided and the mutations in the Property Card certified by a revenue or survey officer not below the rank of an Awal Karkun in the manner provided in rule 13 of the Goa, Daman and Diu Land Revenue (Records of Rights and Register of Cultivators) Rules, 1969.

17. Transfer of existing record of rights to Property Card.— The existing record of rights referred to in section 107 of such towns and cities as may be specified by a revenue or survey officer not below the rank of the Collector in this behalf, shall be transferred to the Property Card in accordance with the procedure prescribed in rule 14 of the Goa, Daman and Diu Land Revenue (Record of Rights and Register of Cultivators) Rules,

1969.

* Inserted by Amendment Rules, 1985.

96

Manual of Goa Laws (Vol. II) - 923 - Land Revenue Code and Rules

FORM 'A'

(See rule 3)

PUBLIC NOTICE

All inhabitants of the village, town/city of……… are hereby informed that the Government has, by its Order No…………, dated…………. directed under section 65 of the GD&D Land Revenue Code, 1968, the survey of lands (other than those used ordinarily for the purposes of agriculture only) within the site of the said village, town/city. Accordingly, the survey officer will start work from^*

All house-owners in the said village/town/city are hereby informed that they should be present on the date which will hereafter be fixed by the survey officer for the measurement of their houses and other property and should give all possible information to the survey officer to enable him to measure their properties correctly.

Mortgagors, mortgagees, absentee owners and other persons having interest in the lands to be surveyed should take steps to see that their rights are recorded correctly. After the survey, sanad will be given by which rights over property in land will be permanently fixed. Sometimes, the measurers will have to enter the houses for internal measurements. Notice of this will be given before hand. No house will be entered unnecessarily.

+ The cost incurred, if any, for employing hired labour for measurement or classification of the lands to which the survey extends or for objects incidental to the survey shall be recoverable from the land holders as revenue demand. If the holders render more assistance, the survey work will be expedited and the cost of survey will be less.

Dated: Collector of …………..

* Here state the date.

+ To be deleted in cases where the village to be surveyed has a population of less than 2,000.

97

Manual of Goa Laws (Vol. II) - 924 - Land Revenue Code and Rules

98

Manual of Goa Laws (Vol. II) - 925 - Land Revenue Code and Rules

FORM 'C'

[(See rule 6 (3)]

PUBLIC NOTICE

(to be affixed on open land)

The plot of waste land described below is claimed by the Central Government. If any person has a right of ownership or any other right over it, he should appear with any documentary or other evidence which he may possess regarding his right over the said land, before the survey officer at his office situated in within ten days from the date of this notice. If no person having right of ownership or any other right over the land appears before the survey officer at his office within the said period, the said land will be treated as Government property. Dated:- Collector,

Description of land

Street House No. (in the Municipal Register) or otherwise, known as the boundaries of which are as under:-

To the North To the East

To the South To the West

————

FORM 'D'

(See rule 7)

PROPERTY CARD REGISTER

Survey No. Area Tenure Particulars of assessment or rent paid to Government and when due for revision

Easements:-

Holder in origin of the title (so far as traced). Lessee-

Other encumbrances-

Other remarks:

Date Trantion Volume No. New Holder (H) Lessee (L) Attestation or Encumbrances (E)

99

Manual of Goa Laws (Vol. II) - 926 - Land Revenue Code and Rules

FORM 'E'

(See rule 9)

Form of sanad for building sites

(The Asoka Capital Motif) The Government of Goa, Daman and Diu To ........................................................................................ WHEREAS the Government of Goa, Daman and Diu with a view to the settlement of the land revenue, and the record and preservation of proprietary and other rights connected, with the soil as under the provisions of the Goa, Daman and Diu Land Revenue Code, 1968, directed a survey of the land within the ………… of ……….. and ordered the necessary inquiries connected therewith to be made, this sanad is issued under section 67 of the said Code to the effect that,— There is a certain plot of ground occupied by you in the ……….…. Division of the…..…..…. of …………. Register No. …..………. in the map marked sheet ..…...……. No. ……….. and facing towards the …………. road leading from ………….. to…………. containing

about………. square meters and of the following shape and about the following dimensions:— You are hereby confirmed in the said occupancy exempt from all land revenue (or subject to the Payment of Rs. …………… per annum of the land revenue).

The terms of your tenure are such that your occupancy is both transferable and heritable, and will be continued by the Central Government, without any objection or question as to title to whosoever shall from time to time be its lawful holder (subject only to the condition of the payment annually of the above land revenue according to the provision of the Goa, Daman and Diu Land Revenue Code, 1968 or of any other law for the time being in force, and to the liability to have the said rate of assessment revised at the expiration of a term of ……….. years reckoned from the …………. and thereafter at successive periods of ……….. years in perpetuity, and to the necessity for compliance with the provisions of the law from time to time in force as to the time and manner of payment of the said assessment, and to the liability of forfeiture of the said occupancy and of all rights and interests connected therewith in case of your failure to pay the said assessment as required by law).

————

* [FORM 'F'

(See rule 12)

Form of Acknowledgement of the Report Regarding Acquisition of Right

Received from ................ of................. village............... taluka..............on 19............... a report orally/in writing regarding the acquisition of rights in respect of P.T. Sheet No...............Chalta * Inserted by Amendment Rules, 1985.]

100

Manual of Goa Laws (Vol. II) - 927 - Land Revenue Code and Rules No............ of ........... town/city in the........................ taluka with the following documents in support thereof:—

Date..................... Talathi of ...........................

Place....................

————

FORM 'G'

(See rule 14)

Intimation under section 97 of the Goa, Daman and Diu Land Revenue Code, 1968

To, …………… …………… Whereas, an entry has been made in the register of mutations of the village ........................ in the ............. Taluka regarding the acquisition of rights in land as specified below:— Serial No. Date of entry in the Nature of rights acquired Survey number and sub- register of mutations -division number or P.T. Sheet

No. and Chalta No. in which

the rights have been acquired

*And whereas it appears to me from the record of rights register of mutations that you are interested in the said mutation.

*And whereas, I have reason to believe that you are interested in the said mutation. Now, therefore, I ……………. (here enter name), the Talathi of the city/town in which the aforesaid land is situated, hereby intimate to you about the said mutation entry, and call upon you to send to me either orally or in writing within fifteen days from the date of receipt of this intimation your objection, if any, to the said entry.

Please note that if no objection is received by me within the said period of fifteen days, it shall be presumed that you agree to the said entry.

Talathi of . . . .

Place . . . . . . . . . . .

Date . . . . . . . . . . . .

*Strike out which is not applicable.

101

Manual of Goa Laws (Vol. II) - 928 - Land Revenue Code and Rules

FORM 'H'

(See rule 15)

Form of Acknowledgement of objection to Mutation Entry

Received from .................... of .................... city/town, in the .................... taluka, on .......... 19.... objection orally/in writing in respect of mutation entry No............ of ............. town/city, in the ................... taluka.

Talathi of .......................

Place .............................

Date ..............................

————

FORM 'I'

(See rule 16)

Register of Disputed Cases

1 2 3 4 5 6

By order and in the name of the Administrator of Goa, Daman and Diu. Dr. J. C. Almeida, Secretary (Revenue).

Panaji, 16th February, 1971.

————

Notification

No. RD/LRC/245/69-71/VI In exercise of the powers conferred by sub-section (2) of section 199 of the Land Revenue Code, 1968 (9 of 1969) and all other powers enabling him in that behalf the Lieutenant Governor of Goa, Daman and Diu is hereby pleased to make the following rules:

Serial No.

Serial No. in

mutation register

or

rough copy of

record of rights

Survey number and

sub-division number

P. T. Sheet No. and

Chalta No.

Date of receipt

objection

Particulars of

dispute with names of

disputing parties

Decision of Officer

102

Manual of Goa Laws (Vol. II) - 929 - Land Revenue Code and Rules

RULES

1. Short title and commencement.— These rules may be called the Goa, Daman & Diu Land Revenue Inspectors (Duties and Functions) Rules, 1969.

2. Definitions.— In these rules, unless the context otherwise requires—

(a) "Chavdi" means a local Village Panchayat Office or other convenient and centrally located public place as the Collector may direct;

(b) "Code" means the Goa, Daman and Diu Land Revenue Code, 1968;

(c) "crop register", "crop-statement", "diary", "field-book", "ledger" or "village ledger", "live-stock return", "map", "receipt book", "register", "village atlas",

"statistical return" and "quinquennial register" means a crop register, crop statement, diary, field book, ledger or village ledger, live stock return, map, receipt-book, register, village atlas, statistical return or, as the case may be, quinquennial register prescribed for a village under rules made under the provisions of the Code or as the case may be, under general or special orders of the Government;

(d) "fair price shop" means any shop which the Government may declare to be a fair price shop;

(e) "Gaothan or Village Site" means the lands included within the site of a village, town or city as determined by section 64;

(f) "Pot Kharab" means barren or uncultivable land included in a survey number and includes any land comprised in a survey number which from any reason is held not to be likely to be brought under cultivation.

3. General duties of Revenue Inspectors.— (1) Subject to the orders of the Mamlatdar, every Revenue Inspector shall be responsible for the supervision of the revenue administration and the land records of every village in his circle. He shall, from time to time in each year, inspect every village in his jurisdiction, get himself acquainted with the qualifications and conduct of the village officers and the state of crops and the conditions of the people in such village and report promptly to the Mamlatdar, any matter requiring orders of superior officers and shall see that the orders passed by such officers are properly and expeditiously implemented.

(2) In particular, the Revenue Inspector shall—

(a) inspect the works for which loans have been granted to the villagers under the provisions of the Agriculturists' Loans Act, 1884 or the Land Improvement Loans Act, 1883, to ascertain—

(i) that the tagai advances have been duly recorded in the Record of Rights;

(ii) that they have been spent for the purposes for which they were given; and

(iii) that the conditions attached to the grant of such advances are properly observed by the persons concerned;

103

Manual of Goa Laws (Vol. II) - 930 - Land Revenue Code and Rules

(b) inquire into the collection of Government revenue, ascertain the reason why such revenue is in arrears, examine the Talathi's balance and ascertain that remittances to the treasury are duly made;

(c) test a reasonable number of receipts in respect of land revenue paid and other dues by oral examination of the persons concerned and by comparison with the ledger; and, where any corrections are made by them in the receipt books, initial against such corrections, and record a note at the rent of a village ledger stating by their numbers which accounts have been verified;

(d) examine the diary of the Talathi, make remarks in the column provided for the purpose and note them briefly in his own diary;

(e) assist in the preparation of paise valuation of crops of every village in his circle; and satisfy himself that due publicity has been given to orders regarding suspension or remission of land revenue;

(f) during the period commencing from 1st July and ending on 30th September, compile taluka statistical return and do such office works as the Mamlatdar may direct;

(g) inquire whether a tenant actually cultivating land is the same as entered in the Record of Rights, and whether all cases of discrepancies, if any, are duly reported to the Mamlatdar;

(h) check whether landlords issue receipts as required by the provisions in the Goa, Daman and Diu Agricultural Tenancy Act, 1964 and verify whether any landlord recovers rent in excess, or in the form of labour or service in contravention of the provisions of such law, and whether all such cases are reported to the Mamlatdar for action;

(i) check building operations to see whether any law for the prevention of ribbon development has been contravened and if so, see what further step have been taken;

(j) verify periodically, the non-agricultural plots, the plots in the Gaothan leased or granted, the lands given out on special terms and the lands vesting in the Village Panchayat with a view to detecting encroachments and breaches of such terms;

(k) check whether the conditions attached to grants of lands on impartible or inalienable tenure are properly observed by the grantees;

(l) perform as many crop cutting experiments as required for the purpose of fixing paise valuation of crops and assessing the rents under the relevant tenancy law;

(m) check whether the register showing cases of discrepancy in maps, village atlas, and the Record of Rights as compared to the actual state of things in the holder, which require regularization is maintained up-to-date;

(n) when no special staff for the purpose has appointed, verify the food stocks in Government godowns in his circle, by taking a percentage check of bags of each kind of grain, and inspect fair price shops; and

104

Manual of Goa Laws (Vol. II) - 931 - Land Revenue Code and Rules

(o) check the list of survey numbers situated on the bank of rivers and nallas, which are subject to alluvial and diluvial changes.

4. Duties of Revenue Inspectors in times of scarcity.— Every Revenue Inspector shall watch every season for detecting the signs of impending scarcity and be ready to report, whenever called upon, the crop condition of his circles. On receipt of information that the crops of any village are adversely affected by the unfavourable nature of the season, or excessive or insufficient rainfall or any other reason, he shall forthwith visit that village and make requisite enquiries and observations and report the result of such observations to the Mamlatdar. Whenever any scarcity or conditions akin to scarcity are reported, the Revenue Inspector shall perform such functions relating to relief measures as may be entrusted to him by the Government or by his superior officers.

5. Revenue Inspector to intimate his tour programme.— Except during the period commencing on the 1st day of June and ending on the 15th day of September, every Revenue Inspector shall send every Saturday to the Inspector of Surveys and Land Records and the Mamlatdar a postcard showing the villages in which he expects to be working on each day of the following fortnight.

6. Touring.— Revenue Inspector shall ordinarily tour for twenty days in a month during the fair season (i.e., the period commencing on the 1st day of October and ending on the 31st day of May) and for not less than thirty days in the aggregate during the period commencing on the 1st day of June and ending on the 30th day of September. He shall make at least fifteen night halts outside his circle headquarters in each month during the fair season. If for any reason, he is prevented from attaining this standard in any month he shall make up the deficiency in the month following.

7. Diary of Revenue Inspector.— Every Revenue Inspector shall submit in such form as may be determined in that behalf by the Government, a diary monthly to the Mamlatdar who shall forward it with remarks through the Inspector of Surveys and Land Records to the Sub-Divisional Officer by whom it shall be returned also through the Mamlatdar. The Revenue Inspector shall not ask for orders on any point in the diary but shall make a separate report in the matter after making a note in the diary about the circumstances under which report is made. An office copy of the diary containing copies of all remarks made by the superior officer shall be kept by the Revenue Inspector in his office. This entry of remarks shall be invariably made before finally returning the diary for record shall be produced for perusal of any superior officer on his visit of inspection.

8. Inward and outward register.— Every Revenue Inspector shall keep a single register for inward and outward correspondence in special form prescribed by the Collector for the purpose, the pages of which shall be stamped and numbers at the taluka on the 1st of August.

9. Revenue Inspector to reside in their respective Circles.— Every Revenue Inspector shall reside in his respective circle in a village fixed by the Collector.

10. Report about unauthorized diversion of land.— Every Revenue Inspector shall be responsible for detecting and reporting to the Mamlatdar, every case of conversion of use of land from the purpose for which it was assessed to another. The report shall be accompanied by a sketch map showing the extent of the land, the use whereof is so

105

Manual of Goa Laws (Vol. II) - 932 - Land Revenue Code and Rules converted, its assessment and proposals regarding its reassessment on the basis of prescribed rates and other factors governing the re-assessment.

11. Inspection of sub-division.— The Revenue Inspector shall inspect the register showing the newly formed sub-divisions and amalgamated sub-divisions and report to the Inspector of Surveys and Land Records through the Mamlatdar every year, information about the number of sub-divisions to be measured through Mamlatdar.

12. Duties of Revenue Inspector while on inspection.— Whenever a Revenue Inspector visits a village for inspection, he shall select survey numbers of both cultivated and waste lands in different parts of the village for inspection in such manner as to cover within one year all varieties of crops grown in the village. In every five years, each survey number shall be inspected at least once, in order to avoid the recurrence of errors and misunderstanding on the part of the Talathi and to ensure that the Talathi shall really inspect the survey number. The Revenue Inspector shall inspect holdings to test the recording of sub-division ( ) hissas and tenancies, the entry of fruit trees, and other valuable trees and details of irrigation works in the record of rights and crop statement entries of areas under crops in the crop statement and the maintenance of village map.

13. Correction of crop statements.— The Revenue Inspector shall correct any errors in the crops statements by bracketing the error and inserting the correct entries by inter- lineations or side notes or by inserting entirely fresh entries, and authenticate such interlineations, side notes or, as the case may be, fresh notes by his signature. Where there is evidence to prove that the Talathi has inspected any survey number without actually visiting it at all, the Revenue Inspector shall take a written explanation from the Talathi and submit it with his remarks thereon, to the Mamlatdar for orders or for information.

14. Inspection when Talathi has failed to fill in crop statement.— Where the Revenue Inspector finds at the time of his visit to a village that the Talathi of the village has not duly filled in the crop statement, he shall record that fact in his diary with the substance of the Talathi's explanation and shall inspect any selected survey numbers with the Talathi, who shall record the result of the inspection in the crop statement.

15. Crop statement, etc., to be kept in Chavdi.— The Revenue Inspector shall ensure that crop statement and forms of all other land records and maps prescribed for a village under section 104 of the Code are kept in the Chavdi.

16. Registration of double crops and crop mixtures.— The Revenue Inspector shall give careful attention to the correct registration of double crops and crop mixtures. Where two crops, one after the other, are sown and reaped in the same area in the same year, each shall be credited with such full area. Where on account of the failure of the crop sown first, a second crop is sown, such second crop only shall be registered. In crop mixtures of all kinds, the area should be apportioned between each ingredient with as great and accuracy as possible.

17. Registration of fallow and other lands.— The Revenue Inspector shall,

(i) verify whether any land is lying uncultivated for two or more consecutive years through the default of the landlord or the tenant and report such cases to the Mamlatdar.

106

Manual of Goa Laws (Vol. II) - 933 - Land Revenue Code and Rules

(ii) cause to be registered in the crop register, all lands which have been actually sown; irrespective of whether there is a yield of crops or not, and all fallow lands and the areas thereof:

Provided that, no such registration shall be necessary—

(a) in the case of dry crop lands, if the area is not more than one hundred square meters;

(b) in the case of garden land, if the area is not more than twenty five square meters; and

(c) in the case of crops sown in Potkharab lands:

Provided further that, whether on account of the failure of any variety of crop sown in any land fresh sowing of another variety of crop has been made, in that land, the crop which is sown afresh shall be registered in the crop register.

18. Inspection of lands.— The Revenue Inspector shall detect encroachments and unauthorised occupation of any land which is the property of the Central Government and shall inspect all waste lands disposed of in accordance with the rules regulating the disposal of waste lands with a view to verifying whether they are brought under cultivation and whether the condition subject to which they were granted have been fulfilled by the grantee. Where in any case, the Revenue Inspector detects encroachment on any lands which are the property of the Central Government or detects unauthorised cultivation; he shall report the matter to the Mamlatdar for necessary action.

19. Inspection of boundary and survey marks.— It shall be the duty of the Revenue Inspector to inspect the boundary and survey marks (not being those under the control of the Forest Department).

20. Repairs to boundary and survey marks.— The repairs to boundary and survey marks for which the Government is responsible shall be made by the Revenue Inspector at Government cost.

21. Report to Inspector of Surveys and Land Records in certain cases.— When the Revenue Inspector cannot fix a boundary or survey mark without the field book, or if he is in doubt as to how to deal with any case, he shall report the matter to the Inspector of Surveys and Land Records for orders.

22. Inspection of live-stock returns.— (1) The Revenue Inspector shall check the entries in the live-stock return prepared by the Talathi as hereinafter provided, namely:—

(i) In villages having less than five All entries. hundred population.

(ii) In villages having more than five Half the total number of hundred but less than one entries.

thousand population.

(iii) In villages having more than one One-fourth of the total thousand population. number of entries.

107

Manual of Goa Laws (Vol. II) - 934 - Land Revenue Code and Rules Checking shall be made by house-to-house visitation, supplemented by inquiry from the residents in the villages concerned and by frequent references to the previous returns. Where all the entries are not checked, the entries not checked during any visit to the village shall be selected for checking in the subsequent visits to that village. The Revenue Inspector shall note in his diary, the serial number of the first and the last of the entries checked.

(2) The Revenue Inspector shall show in his diary, the number of entries checked, the number of entries found incorrect and the number and kind or errors detected. Whenever any errors are to be corrected, he shall do so in red ink in the manner laid down in rule 13. Where any gross carelessness is noticed, he shall take the Talathi's explanation and forward it to the Mamlatdar for orders.

(3) The Revenue Inspector shall take note of the increase or decrease in the figures of the census of live-stock of different kinds and shall inquire into the causes thereof and record the explanation given therefor by the Talathi.

23. Recording sources of water supply.— The Revenue Inspector shall cause to be indicated, by appropriate symbols, in the village map prepared in accordance with section 104 of the Code, all wells, bandharas and tanks in the holdings and report the matter to the Inspector of Surveys and Land Records.

24. Inspection of sources of water supply.— The Revenue Inspector shall frequently check quinquennial register of water supply maintained by the Talathi and visit wells and other sources of water supply in the gaothan and wells, tanks and bandharas in holdings for testing the said register. If the entry in the register is found to be correct, the Revenue Inspector shall initial against it and if the entry is not correct, he shall correct it in red ink.

25. Revenue Inspector to perform functions entrusted to them by Collector.—

Without prejudice to the foregoing provisions, the Revenue Inspector shall, subject to orders of the Government, perform such other functions relating to the revenue and general administration of the district for which the Collector is responsible as may be entrusted to them by the Collector and shall carry out such special and general directions as may be given by the Collector in that behalf.

By order and in the name of the Administrator of Goa, Daman and Diu. Dr. J. C. Almeida, Secretary (Revenue).

Panaji, 16th February, 1971.

———— Notification

RD/LRC/245/69-71/VII In exercise of the powers conferred by sub-section (2) of Section 199 of the Land Revenue Code, 1968 (9 of 1969) and all other powers enabling him in that behalf the Lieutenant Governor of Goa, Daman and Diu is hereby pleased to make the following rules:

108

Manual of Goa Laws (Vol. II) - 935 - Land Revenue Code and Rules

RULES

1. Short title and commencement.— (1) These rules may be called the Goa, Daman and Diu Land Revenue (Conversion of use of land and non-agricultural assessment) Rules, 1969.

(2) They shall come into force at once.

2. Definitions.— In these rules, unless the context requires otherwise—

(a) "Code" means the Goa, Daman and Diu Land Revenue Code, 1968.

(b) "section" means a section of the Code;

3. Form of application for permission to convert use of land.— Every application for permission for conversion of use of land from one purpose to another as provided in section 32 shall be made in the form in Schedule I to the Collector. Where different portions of land included in the same survey number are to be converted for use for different non-agricultural purposes, the same should be clearly and separately shown in the form.

4. Conditions on which permission may be granted.— (1) Permission to convert the use of agricultural land for any non-agricultural purpose, or to change the use of lands from one non-agricultural purpose to another non-agricultural purpose may be granted by the Collector after consulting the Town and Country Planning Department and subject to the following among other conditions, that is to say—

(a) the grant of permission shall be subject to the provisions of the Code and Rules made thereunder;

(b) the land shall not be used for a purpose other than that for which permission is granted;

(c) the applicant shall commence the non-agricultural use applied for within one year from the date of the order made by the Collector in that behalf, failing which, unless the said period is extended by the Collector from time to time, the permission granted shall be deemed to have lapsed;

(d) the applicant shall be liable to pay such altered assessment as may be determined with reference to the altered use under section 84 or as the case may be, section 88;

(e) where permission is granted for the construction of a structure to be used for any non-agricultural purpose such structure shall, if it is within the jurisdiction of a Municipal Council, be constructed in accordance with the plan approved by the Municipal Council, in that behalf, and if it is situated outside such jurisdiction, be constructed in accordance with the plans approved by the concerned Village Panchayat;

(f) any other reasonable conditions which the Collector may deem fit to impose, regard being had to the sanctioned use of the land;

2. Such conditions shall be embodied in the sanad.

109

Manual of Goa Laws (Vol. II) - 936 - Land Revenue Code and Rules

* 5. Conditions where permission is deemed to have been granted.— In cases where permission for changes of use of land is deemed to have been granted under sub-section

(3) of section 32, such permission shall be subject to the conditions provided in rule 4.

6. Penalty for failure to intimate commencement of non-agricultural use.—

Subject to the maximum amount of penalty of Rs. 500 prescribed by sub-section (5) of section 32, the penalty for failure to inform the date of which the change of user of land commenced as required by sub-section (4) of that section shall, if the land is used for a residential purpose, be such amount as is not less than an amount equal to two times the non-agricultural assessment of the land for the period of default; and if the land is used for any other non-agricultural purpose, be such amount as is not less than three times the non-agricultural assessment for the period aforesaid, as the Collector may in each case deem fit to impose.

7. Grant of sanad.— Where land is permitted to be used for non-agricultural purpose, then subject to the provisions of any law for the time being in force a sanad shall be granted to the holder thereof in the form in Schedule II.

8. Penalties for unauthorised non-agricultural use.— If any land is used unauthorisedly in contravention of the provisions of section 32, unless the Collector take action under the next succeeding rule or under rule 10, it shall be lawful for the Collector to require the holder thereof or any person claiming through or under him to stop such unauthorised use, pay the non-agricultural assessment on the land with reference to the altered use for the entire period of such unauthorised use, and such fine not more than eighty times the non-agricultural assessment on the land leviable with reference to the unauthorised altered use under the provisions of the Code, as he may fix:

* [Provided that in case the non-agricultural assessment has not yet been fixed, fine may be imposed by the Collector which shall not exceed the market value of the land, as determined by the Collector].

9. Regularisation of unauthorised use.— Where any land is used unauthorisedly in contravention of the provisions of section 32, and the Collector is satisfied that had the holder applied for necessary permission under that section, his application would not have ordinarily been rejected on any of the grounds specified in clause (c) of sub-section

(2) of section 32, the Collector, may, if the holder so desires, and after consulting the Town and Country Planning Department, instead of taking action under rule 8, regularise such unauthorised non-agricultural use, subject to the following terms and conditions, namely:—

(i) that the holder shall pay non-agricultural assessment on the land with reference to the altered use, since the commencement of that use;

(ii) that the holder shall pay such fine not exceeding forty times the non-agricultural assessment on the land with reference to the altered use, as the Collector may fix. * After the amendment in the section 32 of the Code by the Amendment Act (Act No. 14 of 1988) published in the Official Gazette Series-I No. 8 dt. 27-5-88 which came into force w.e.f. 21-5-88 this provision become un-effective, as deemed provision has been abolished.

* Inserted by Amendment Rules-1987.

110

Manual of Goa Laws (Vol. II) - 937 - Land Revenue Code and Rules

(iii) that the holder shall abide by the conditions specified in rule 4 so far as they are applicable, and such other conditions as the Collector may deem fit to impose.

10. Continuance of offending unauthorised constructions.— Where the unauthorised non-agricultural use cannot be regularised under rule 9 and the Collector is satisfied that the demolition of the offending unauthorised construction is likely to cause heavy damage and serious inconvenience and hardship, he may, if the holder so desires and in consultation with the Town and Country Planning Department, allow such construction to stand, with the sanction of the Government, subject to conditions (i) and

(iii) in the preceding rule, and the additional conditions—

(a) that the holder shall pay a composition fee not less than fifty per cent of the cost incurred on the offending unauthorised construction or forty times the non-agricultural assessment payable on the land with reference to the altered use, whichever is greater;

(b) that the holder shall agree in writing to demolish the offending unauthorised construction without claiming compensation if after reasonable period thereafter, he is asked to do so by the Collector in the public interest; failing which the Collector shall be so at the holder's risk and costs.

11. On regularisation sanad to be granted.— When any unauthorised non- -agricultural use is permitted to be continued under rule 9 or 10, a sanad in the form in Schedule III shall be granted to the holder.

12. Non-agricultural Assessment.— Where land assessed to agriculture is used for non-agricultural purposes or vice-versa or being assessed to one non-agricultural purpose is used for another non-agricultural purpose, the assessment fixed upon the land so used shall be altered under sub-section (2) of section 51 of the Code, and such alteration shall be made by the Collector in accordance with the provisions of the Code and these rules.

13. Maintenance of statistics of sales, etc.— The Collector shall maintain a record of all registered sale and leases, and of award under the Land Acquisition Act, 1894, of non- -agricultural lands in different blocks in an urban area in the forms in Schedule IV, V and VI respectively.

14. Full market value how determined.— (1) The full market value of non- -agricultural lands in an urban area in a block shall be estimated on the basis of sales, leases and awards under the Land Acquisition Act, 1894, which have taken place and declared, as the case may be, in that block during the period of fifteen years immediately preceding the year in which the standard rate of non-agricultural assessment of lands in that block is to be fixed, in accordance with the following principles, that is to say—

(a) in the case of a sale of an open plot not assessed to land revenue, the amount of sale price thereof, shall be the full market value thereof;

(b) in the case of a sale of an open plot assessed to land revenue, the amount equal to the sale price and sixteen times the assessment shall be the full market value;

(c) in the case of a sale of a plot with superstructure where such plot is not assessed to land revenue or rent, an amount equal to the difference between the amount of the

111

Manual of Goa Laws (Vol. II) - 938 - Land Revenue Code and Rules sale price thereof and amount of the market value of only the superstructure on the date of the sale shall be the full market value;

(d) in the case of sale of a plot with a superstructure where such plot is assessed to land revenue, an amount equal to the difference between the amount of the sale price thereof and amount of the assessment multiplied by sixteen on the one hand and amount of the market value of the superstructure on the date of the sale on the other shall be the full market value;

(e) in the case of long term lease or assignment of a long term lease of an open plot for a premium with a reservation of ground rent, an amount equal to the premium and sixteen times the ground rent reserved shall be the full market value;

(f) in the case of a long term lease or assignment of a long term lease of an open plot without payment of premium, an amount equal to sixteen times the amount of rent reserved shall be the full market value;

(g) in the case of a long term lease or assignment of a long term lease without payment of premium of a plot with superstructure, where rent is reserved an amount equal to sixteen times the difference between the amount of the annual rent reserved and the amount of the annual letting value of the superstructure on the date of the lease shall be the full market value;

(h) in the case of transfer of a leasehold plot with superstructure an amount equal to the difference between the amount of the sale price and the amount of the market value of the superstructure on the date of the transfer plus sixteen times the ground rent shall be the full market value;

(i) in the case of plot with or without superstructure not assessed to land revenue which is acquired under the Land Acquisition Act, 1894, the amount of the value of the land (excluding the value of superstructure, if any), declared under the award, shall be the full market value; and

(j) in the case of a plot with or without superstructure, assessed to land revenue which is acquired under the Land Acquisition Act, 1894, the amount of the value of the land (excluding the value of superstructure, if any), declared under the award plus sixteen times the assessment, shall be full market value.

(2) The transaction referred to in clause (c), (d), (g) and (h) of sub-rule (1) shall be the basis for purposes of estimating the full market value of the land only if the Collector is of opinion that the number of transactions falling under clauses (a), (b), (e), (f), (i) and (j) of that sub-rule is either too small or is not sufficiently representative for the said purpose.

(3) If in any block the full market value of non-agricultural land cannot be estimated in accordance with the principles enunciated in this rule, the full market value of lands in such block shall be estimated on the basis of the sales, leases and awards, as the case may be of similar plots in blocks adjacent to such block.

15. Standard rate of non-agricultural assessment.— (1) For purposes of determining the standard rate of non-agricultural assessment, the Collector shall, on the

112

Manual of Goa Laws (Vol. II) - 939 - Land Revenue Code and Rules basis of the full market value of plots ascertained in accordance with the principles enunciated in the preceding rule, first estimate the full market value of non-agricultural land in each block separately for each of the fifteen years immediately preceding the year in which the standard rate of non-agricultural assessment is to be fixed.

(2) On the basis of the full market value determined for the preceding fifteen years under sub-rule (1), the Collector shall estimate the full market value of land per square metre in each block.

(3) The standard rate of non-agricultural assessment per square metre of land in each block shall be equal to 1.25 per cent of the full market value estimated under sub-rule (2).

(4) The Collector shall submit to the Government for approval the standard rate determined under sub-rule (3).

(5) The Government may modify the Collector's proposal in respect of standard rate to such extent as it may deem fit.

(6) The standard rate approved by the Government shall be published in the Official Gazette; and that rate shall come into force on the expiry of three months from the date of such notification in the Official Gazette. The standard rate shall before it is brought into force also be pasted on the notice board in the Office of the Mamlatdar.

(7) The standard rate fixed under sub-rule (3), shall remain in force for a period of ten years, and thereafter, be deemed to be in force until it is revised.

16. Revision of standard rate.— The standard rate of non-agricultural assessment shall be liable to revision at intervals of ten years, and the provisions of rules 14 and 15 shall apply to such revision of standard rates as they apply to the fixation of standard rates.

17. Fixation of non-agricultural assessment on individual plots.— The actual assessment on individual plots in each block shall be fixed by the Collector on the basis of the standard rate for the time being in force in that block, having regard to the specific non-agricultural purpose for which the land is used as provided in sub-section (1) of section 88.

In fixing such actual assessment, the amount of assessment shall be rounded off to the nearest multiple of ten, less than five paise being disregarded, and five paise and more being regarded as ten paise.

18. Assessment leviable on land within compounds.— Non-agricultural assessment in respect of land used for residential purpose shall be levied on that area of the land within a compound which is built upon and also on the area that is required to be left open in relation to the area so built upon according to any law for the time being in force.

19. Reimposition of agricultural assessment.— (1) Except in cases where agricultural lands are transferred under the provisions of the relevant Tenancy law for purposes of agricultural use. Where any holding which has been assessed, or of which the assessment has been altered for any non-agricultural use, is used for agriculture only, the

113

Manual of Goa Laws (Vol. II) - 940 - Land Revenue Code and Rules Collector may, on the application of the holder, withdraw the non-agricultural assessment, and impose either the old agricultural assessment, if any, if the settlement period has not expired; or may, in other cases, impose an agricultural assessment equivalent to that imposed on other similar agricultural lands in the vicinity of such holding.

(2) Such agricultural assessment shall commence from the first day of the agricultural year next following and shall be subject to the same conditions as to periodical revision, and the same rules and provisions of law as if they had been imposed at the ordinary revenue settlement of the village in which the land is situated.

20. Exemptions.— (1) For the purposes of clause (1) of Section 91, lands used by an agriculturist for extracting or canning fruit juice, gur making, oil pressing, cotton ginning or paddy husking or other similar purposes from the produce of his own fields shall be deemed to be used for occupations subsidiary or ancillary to agriculture.

(2) Lands used for hospitals, hostels, play-grounds, parks and gardens, office premises of local authorities and gymnasium or for roads, paths and lanes set apart in layouts, for the benefit of all citizens without distinction of religion, race, caste, sex, place of birth or any of them shall be exempted from payment of non-agricultural assessment so long as they are used for and of the said purposes and for no other purposes, and yield no profit to private individuals or to any person.

(3) In the case of building sites held by Co-operative Housing Societies or the Housing Board which are not built upon, no non-agricultural assessment shall be levied for the three years subsequent to the date on which possession of the land was taken or till the date on which non-agricultural use of the land begins, whichever is later.

21. Map showing non-agricultural areas.— (1) Each Collector shall maintain in his office and from time to time as required renew or bring upto date a map of his district upon which it shall be clearly shown by distinct colours or otherwise as may be convenient, the urban and non-urban areas in the district in accordance with clause (38) of section 2 of the Code, the area classified as Class I and Class II villages in non-urban areas under section 84 and the blocks for different non-agricultural uses in urban areas constituted under section 85.

(2) When an area is very small, or when its limits intersect a village in an intricate way, insets on a larger scale or a supplementary file, of village maps shall be provided.

(3) Whenever any area is brought under a different class or rate by a fresh order, the map shall be corrected and the authority for the change noted over the Collector's signature on the map.

(4) Each Mamlatdar shall similarly maintain a map of his taluka with similar supplements, which shall be similarly corrected and endorsed by the Collector, at each change.

(5) These maps shall be open to public inspection free of charge during all office hours.

114

Manual of Goa Laws (Vol. II) - 941 - Land Revenue Code and Rules

22. Delegation of powers.— The powers conferred upon the Collector under these rules may also be exercised by a Sub-Divisional Officer.

———— SCHEDULE 'I'

(See rule 3)

Form of application under sub-section (1) of section 32 of the Goa, Daman and Diu Land Revenue Code, 1968

To The Collector of ……….. The Sub-Divisional Officer ……………. The Mamlatdar

Sir,

I …………. residing at ………… Taluka …………. in ……. District hereby apply for permission to use the land described below which is— * (a) assessed or held for the purpose of agriculture for the non-agricultural purpose/purposes of …………

* (b) assessed or held for the non-agricultural purpose of ……… for the non-agricultural purpose/purposes of ……..

* (c) assessed or held for the non-agricultural purpose of ……….. for the same purpose but in relaxation of condition⁺ ….. imposed at the time of grant of land or permission for such non- -agricultural use viz. ………….

2. I annex to this application—

(a) a certified copy of record of rights in respect of the land as it existed at the time of application.

(b) a sketch or lay-out of the site in question (in triplicate) showing the location of the proposed building or other works for which permission is sought and the nearest roads or means of access.

(c) written consent of the tenant/superior holder/occupant.

3. I also furnish the following information—

(1) Full name of the applicant …..

(2) Full postal address ….

(3) Occupation …… * Score out portion not applicable.

+ Here state in brief the gist of condition.

115

Manual of Goa Laws (Vol. II) - 942 - Land Revenue Code and Rules

(4) Village, taluka and district where the land is situated.

(5) Survey No. Hissa No., area and assessment/rent of the land. Area in

Purpose Sq. metres

Residential …..

(6) Area of the site Industrial ….. of (5) above proposed Commercial …. to be used … Any other non- agricultural purpose.

(7) Whether the applicant is occupant Class I or Class II or a tenant or a Government lessee.

(8) Present use of the land whether any building exists thereon and if so, its use.

(9) Whether the land is situated or included …..

(a) in municipal area;

(b) in City surveyed area;

(c) in or near a cantonment area.

(d) near a Airport or a Rly. Station or a Railway line or jail or prison or local public office or cremation or burial ground. If so, it's approximate distance therefrom.

(10) Whether electrical high transmission lines pass over the land and if so, what is the distance thereof from the proposed building or other works.

(11) Is the land under acquisition, if so, state details.

(12) Is there a road from where the land is easily accessible? State the name of the road, and whether it is Highway, Major district road or village road. What is the distance of the proposed building or other work from the center of the road?

116

Manual of Goa Laws (Vol. II) - 943 - Land Revenue Code and Rules Purpose Area in

Sq. metres

(13) If there is no road adjoining the land how is it proposed to provide for access to the site?

(14) Was a similar application made in the past for non-agricultural use of this land and was it rejected ?

If yes, why?

I solemnly affirm that the information given above is true to the best of my knowledge and belief.

Place:

Date: Signature of Applicant.

(To be filled in by Revenue Officer)

Date of receipt of the Application:

Stamp of the Officer.

Signature and designation

of the receiver.

————

SCHEDULE II

(See rule 7) Whereas an application has been made to the Collector of …… (hereinafter referred to as "the Collector" which expression shall include any officer whom the Collector shall appoint to exercise and perform his powers and duties under this grant) under section 32 of the Goa, Daman and Diu Land Revenue Code, 1968 (hereinafter referred to as "the said Code", which expression shall where the context so admits include the rules and orders thereunder) by ….. inhabitant of being the occupant/tenant of Survey No........ in the village of……......... in the………...taluka (hereinafter referred to as "the applicant" which expression shall, where the context so admits, include his heirs, executors, administrators and assigns) for permission to use for the plot of land (hereinafter referred to as the "said plot") described in Appendix I hereto and indicated by the letters …… on the site plan annexed hereto, forming part of survey number and measuring be the same a little more or less.

Now, this is to certify that the permission to use for the said plot is hereby granted, subject to the provisions of the said Code, and rules thereunder, and on the following conditions, namely:—

117

Manual of Goa Laws (Vol. II) - 944 - Land Revenue Code and Rules

1. Levelling and clearing of the land.— The applicant shall be bound to level and clear the land sufficiently to render suitable for the particular non-agriculture purpose for which permission is granted and to prevent insanitary conditions.

2. Assessment.— The applicant in lieu of the assessment heretofore leviable in respect of the said plot shall pay to Government on the ……… day of………. in each year an annual assessment of Rupees ........…… (Rs.........) during the fifteen years commencing on the …… day of 19 …. and on the expiry of the said period of fifteen years, such revised assessment as may from time to time be fixed by the Collector under the said Code:

Provided that, where the applicant is a Co-operative Housing Society or the Goa, Daman and Diu Housing Board, it shall be entitled to such exemption from the payment of altered assessment as is permissible under sub-rule (3) or rule 20.

3. Use.— The applicant shall not use the said land and building erected or to be erected thereon for any purpose other than (here insert the specific purpose for which the permission is granted. without the previous sanction of the Collector.

4. Building time limit.— The applicant shall within one year from the date hereof, commence on the said plot of a substantial and permanent description, failing which unless the said period is extended by the Collector from time to time, the permission granted shall be deemed to have lapsed.

5. Liability for rates.— The applicant shall pay all taxes, rates and cesses leviable on the said land.

6. Penalty clause.— (a) If the applicant contravenes any of the foregoing conditions the Collector may, without prejudice to any other penalty to which the applicant may be liable under the provisions of the said Code continue the said plot in the occupation of the applicant on payment of such fine, and assessment as he may direct.

(b) Notwithstanding anything contained in sub-clause (a) it shall be lawful for the Collector to direct the removal or alteration of any building or structure erected or used contrary to the provisions of this grant within such time as is specified in that behalf by the Collector, and on such removal or alteration not being carried out within the specified time, he may cause the same to be carried out, and recover the cost of carrying out the same from the applicant as an arrears of land revenue.

7. Code provisions applicable.— Save as herein provided, the grant shall be subject to the provisions of the said Code and the rules thereunder.

(Map)

APPENDIX I

Length and Breadth Forming Boundaries (Part of)

Total

North East Survey

Superficial

to to No. area North South East West South West or Hissa No.

Remarks

118

Manual of Goa Laws (Vol. II) - 945 - Land Revenue Code and Rules In witness whereof the Collector of . . . has hereunto set his hand and the seal of his office on behalf of the Administrator of Goa, Daman and Diu; and the applicant has also hereunto set his hand this day the …….. of ….. 19….

(Signature of applicant)

Seal (Signatures and designations of witnesses)

of the

Collector (Signature of Collector)

(Signatures and designations of witnesses)

We declare that A.B. who has signed this sanad is, to our personal knowledge, the person he represents himself to be, and that he has affixed his signature hereto in our presence. (Signed) B. F.

(Signed) G. H.

N. B. 1. This document need not be registered.

2. This document is exempt from the stamp duty.

————

SCHEDULE III

(See rule 11) Whereas, the applicant being the occupant/tenant of Survey No. ……….of the village…….. of taluka …….. has used … purposes without the permission of the Collector of (hereinafter referred to as "the Collector"), being first obtained as required by section 32 of the Goa, Daman and Diu Land Revenue Code, 1968 (hereinafter referred to as "the said Code") the plot of land indicated by the letters……. on the site plan hereto annexed, forming part of the said Survey No…….. and measuring…….. be the same, a little more or less and has thereby become liable to the penalties prescribed by section 33 of the said Code;

And whereas, the applicant has applied for permission to remain in possession of and to continue to use the aforesaid plot of land for………. purposes;

And whereas, the Collector is authorised under clause (b) of section 35 of the said Code; to grant the permission applied for, subject to the provisions of the said Code, and rules, and orders thereunder and to the terms and conditions hereinafter contained.

Now, this is to certify that permission to use, for …….. purposes, the said plot is hereby granted, subject to the provisions of the said Code, and the rules made thereunder and on the following conditions, namely:—

1. Fine.— The applicant shall pay such fine and composition fee as may be fixed by the Collector under the Goa, Daman and Diu Land Revenue (Conversion of use of Land and non- -agricultural Assessment) Rules, 1969.

2. Assessment.— The applicant, in lieu of the assessment heretofore leviable in respect of the said plot, shall pay to Government on the…….. day of……… in each year an annual assessment of Rupees….......... (Rupees……………………) during the fifteen years commencing on the…….

119

Manual of Goa Laws (Vol. II) - 946 - Land Revenue Code and Rules day of…….. 19 ........, and on the expiry of the said period of fifteen years, such revenue assessment as may from time to time be fixed by the Collector under the said Code.

3. Use.— The applicant shall not use said land, and building erected or to be erected thereon for any purpose other than (here insert the specific purpose for which the permission is granted) without the previous sanction of the Collector.

4. Building to comply with regulation specified in Appendix.— The applicant shall duly comply in every respect with the building Regulations in force in the area.

5. Liability for rates.— The applicant shall pay all taxes, rates and cesses leviable on the said land.

6. Undertaking.— The applicant shall agree in a legally binding manner to demolish the offending unauthorised construction without claiming compensation whenever after the expiry of a reasonable period he is asked to do so by the Collector, failing which the Collector shall do so at the applicant's risk and costs.

7. Penalty Clause.— (a) If the applicant contravenes any of the foregoing conditions, the Collector may, without prejudice to any other penalty to which the applicant may be liable under the provisions of the said Code and rules thereunder continue the said plot in the occupation of the applicant on payment of such fine and assessment as he may direct.

(b) Notwithstanding anything contained in sub-clause (a), it shall be lawful for the Collector direct the removal or alteration of any building or structure erected or used contrary to the provisions of this grant within such period as is specified in that behalf by the Collector, and on such removal or alterations not being carried out within the specified period, he may cause the same to be carried out and recover the cost of carrying out the same from the applicant, as an arrear of land revenue.

8. Code provisions applicable.— Save as herein provided, the grant shall be subject to the provisions of the said Code and the rules thereunder.

(Site plan)

In witness whereof the Collector of……………… has hereunto set his hand and the seal of his office on behalf of the Administrator of Goa, Daman and Diu and the applicant has also hereunto set his hand this day the……..of……….19…..

(Signature of applicant).

(Signatures and designations of witnesses)

(Signature of Collector) Seal

of the

Collector

(Signatures and designations of witnesses)

We declare that the AB, who has signed this sanad is to our personal knowledge the person he represents himself to be, and that he has affixed his signature hereto in our presence. Signed . . . . . . .. . . . . . . .

N. B. 1. This document need not be registered.

2. This document is exempt from stamp duty.

120

Manual of Goa Laws (Vol. II) - 947 - Land Revenue Code and Rules

121

Manual of Goa Laws (Vol. II) - 948 - Land Revenue Code and Rules

122

Manual of Goa Laws (Vol. II) - 949 - Land Revenue Code and Rules

123

Manual of Goa Laws (Vol. II) - 950 - Land Revenue Code and Rules

Notification

RD/LRC/245/69-71/VIII In exercise of the powers conferred by sub-section (2) of Section 199 of the Land Revenue Code, 1968 (9 of 1969) and all other powers enabling him in that behalf the Lieutenant Governor of Goa, Daman and Diu is hereby pleased to make the following rules;

RULES

1. Short title and commencement.— (1) These rules may be called the Goa, Daman and Diu Land Revenue (Restrictions on Use of Land) Rules, 1969.

(2) They shall come into force at once.

2. Classes of unarable land for cultivation; regulation and prohibition of such land for cultivation.— (1) Land included as unarable (pot kharab) in a survey number for purposes of agriculture only is of two kinds.

(a) that which is classed as unfit for agriculture at the time of survey including the farm buildings or threshing floors of the holder;

(b) that which is not assessed because it is reserved or assigned for public purposes, or because it is occupied by a road or recognised footpath, or by a tank or stream used by persons other than the holder for irrigation or for drinking or domestic purposes, or used for a burial or burning ground by any community, or by the public, or because it is assigned for village potteries.

(2) Land falling in class (a) may be brought under cultivation at any time by the holder, and no additional assessment shall be charged therefor.

(3) The cultivation of land falling in clause (b) is hereby prohibited under Section 31:

Provided that, this prohibition shall not apply in the case of land occupied by a tank or stream, when such tank or stream is used for irrigation only, and waters only land which is in the sole occupation of the holder, or when the privilege of cultivating the dry bed of the tank or stream has been specially conceded to the holder.

3. Restriction on use of land for salt manufacture.— (1) No occupant of unalienated land, whether assessed for any purpose or not shall use the same or any part thereof for the manufacture of salt without the previous permission in writing of the Collector of the district.

124

Manual of Goa Laws (Vol. II) - 951 - Land Revenue Code and Rules

(2) Subject to the provisions of any law relating to manufacture or collection or extraction of salt for the time being in force, the Collector may grant permission for the use of such land for such purpose subject to the payment of non-agricultural assessment leviable on the land, and to such further conditions as the Collector may, subject to the general or special orders of the Government, impose.

4. Excavations of agricultural land prohibited.— Save as provided in sections 29 and 30 and rule 3, no occupant of land assessed or held for purposes of agriculture only, and no person claiming under or acting by authority of any such occupant, shall excavate or remove earth, stone (other than loose surface stones), kankar, muram, or any other material of the soil thereof, or make any other use of land (a) so as, in the opinion of the Collector, thereby to destroy or materially injure the land for cultivation, or (b) for purposes of trade, or profit, or any other purpose except his own domestic or agricultural purposes.

5. Excavations in building site not allowed without permission.— No holder of land assessed or held as a building site, or lease-hold of a building site in a hill station, and no person claiming under any such holder or lease holder, shall, subject to any special provision in the conditions annexed to his holding under Section 21 or 35 or otherwise, or prescribed by his lease, excavate or remove for any purpose whatever earth, stone (other than loose surface stones) kankar, muram or any other material of the soil thereof, except with the previous permission in writing of the Collector, and in accordance with such terms (including the payment of fees for any such excavation or removal) as the Collector in each case thinks fit to prescribe, regard being had to the provisions of rules made under Mines and Minerals (Regulation and Development) Act, 1957, for the time being in force in any part of the Union territory of Goa, Daman and Diu.

6. Excavation in gaothans require permission.— (1) No unalienated land within the site of any village, town or city shall be excavated without the previous written permission of the Collector for any purpose except for the laying of foundations for buildings, the sinking of wells and the making of grain-pits.

(2) Where permission is granted by the Collector to excavate any such lands as aforesaid for any purpose other than those mentioned above, such excavations shall not be made otherwise than in accordance with such terms (including the payment of fees for any such excavation) as the Collector in each case thinks fit to prescribe, regard being had to the provisions of any rules made under Mines and Minerals (Regulation and Development) Act, 1957, for the time being in force in any part of the Union territory of Goa, Daman and Diu.

125

Manual of Goa Laws (Vol. II) - 952 - Land Revenue Code and Rules

7. Penalty for breach of rules.— Any person committing a breach of any of the provisions of these rules shall in addition to any other consequences that would ensue from such breach, be punishable with such fine not exceeding one thousand rupees as the Collector may, after giving such person an opportunity to be heard, deem fit to impose. By order and in the name of the Administrator of Goa, Daman and Diu. Dr. J. C. Almeida, Secretary (Revenue).

Panaji, 16th February, 1971.

———— Notification

RD/LRC/245/69-71/IX In exercise of the powers conferred by sub-section (2) of Section 199 of the Land Revenue Code, 1968 (9 of 1969) and all other powers enabling him in that behalf the Lieutenant Governor of Goa, Daman and Diu is hereby pleased to make the following rules:

RULES

1. Short title and commencement.— (1) These rules may be called the Goa, Daman and Diu Land Revenue (Reduction, Suspension and Remission) Rules, 1969.

(2) They shall come into force at once.

2. Definitions.— In these rules, unless the context requires otherwise,—

(a) "Code" means the Goa, Daman and Diu Land Revenue Code, 1968;

(b) "current land revenue" means land revenue payable in respect of any land under Section 121 of the Code;

(c) "general calamity" means wide spread or general failure of crops in any revenue year caused by drought, floods, failure of rains or excessive or untimely rains, or any other natural calamity; and includes total failure of crops due to land in any tract being left unsown because of any recent calamity, or an order made under any law by a competent authority;

(d) "local calamity" means loss of, or damage to crops or other property in any locality in any revenue year occasioned by hail-storm or fire, or caused by locusts, or by theft or mischief by unknown persons, and includes failure of crops by floods or any other causes specified in clause (c);

(e) "Settlement" has the meaning assigned to it in Chapter VI of the Code;

(f) "tract" means any part of a district.

126

Manual of Goa Laws (Vol. II) - 953 - Land Revenue Code and Rules

3. Reduction of land revenue.— (1) If during the currency of any settlement, there is such physical deterioration of the soil in any holding as to necessitate reduction of assessment, the holder thereof may apply to the Survey Officer in the district not below the rank of an Inspector of Surveys and Land Records for reduction of the assessment.

(2) On receipt of such application, the Survey Officer shall acknowledge it, and after making necessary inquiries, submit his proposals to the Director of Settlement and Land Records through his immediate superior, if any.

(3) If the Director of Settlement and Land Records is satisfied that in the circumstances reported, any reduction in the assessment of the holding applied for is necessary, he may by order sanction reduction in the annual assessment so however, that the amount does not exceed twenty rupees and inform the applicant in terms of the order. All cases where the reduction proposed in the annual assessment exceeds twenty rupees shall be submitted to the Government for orders. The Government on receiving papers in any such cases, shall make such inquiries as it thinks to be necessary and pass such orders on the application as it deem fit, and require the Director of Settlement and Land Records to inform the applicant forthwith accordingly.

(4) Any reduction sanctioned under this rule shall take effect from the revenue year next following the date of the order sanctioning the reduction; and shall remain in force until the commencement of the term of the fresh settlement.

4. Estimate of failure of crops in any tract.— If the Collector on hearing any reports has reason to believe that there has been such a failure of crops in any tract due to a general calamity, as to make it probable that relief will be required, he shall cause early inquiries to be made into the condition of such tract, the degree of crop failure in each village or group of homogeneous villages therein and make paisa valuation of the estimated out-turn of crops according to instructions of the Government issued from time to time in this behalf.

5. Scale of granting suspension.— The Collector on making local inquiries and ascertaining the degree of crop failure in any tract as aforesaid, shall subject to the provisions of rule 6, suspend-

(a) the whole of the land revenue payable by any person in respect of his land in such tract if the estimated paisa valuation of crops in such tract is twenty four paise or less;

(b) half of the land revenue so payable, if the estimated paisa valuation of crops exceeds twenty-four paisa but is less than thirty-six paise.

6. Suspension conditional.— Suspension granted under these rules shall be conditional upon the payment of the amount of land revenue, which is not suspended.

7. Suspended land revenue when recoverable.— No land revenue payable in respect of any land which has been suspended shall ordinarily be collected in the manner provided in rule 8 until the harvest of crops in such land in subsequent years (corresponding to the one which failed) has been reaped in the affected tract.

127

Manual of Goa Laws (Vol. II) - 954 - Land Revenue Code and Rules

* 8. Recovery of suspended land revenue.— Where any land revenue suspended in respect of any land in any year is not remitted under Rule 9, then if the harvest of crops referred to in the preceding rule in any subsequent year is of the paisa valuation specified in column 1 of the Table hereto, the current land revenue payable in respect of such land and the suspended land revenue payable in respect thereof shall be paid in full, half or nil as indicated in columns 2 and 3 of Table:-

TABLE

Proportion of recoverable land revenue

Paisa valuation of crops Current Suspended

land

revenue

66 Paise and over ……….. Full Full

48 Paise and less than 66 Paise Full Half

36 Paise and less than 48 Paise Full Nil Over 24 Paise and less than 36 Paise Half Nil

24 Paise and less Nil Nil

9. Remission of land revenue.— All suspended arrears of land revenue which are either in excess of two years' land revenue or more than three years old shall ordinarily be remitted by the Collector irrespective of the monetary condition of any holder, the oldest arrears being remitted first.

* Substituted by fourth Amendment Rules,1977 published in Official Gazette Ser.- I No. 21 dt. 25-8-1977. The original rule reads as follows:-

8. Recovery of suspended land revenue.— Where any land revenue suspended in respect of any land in any year is not remitted under Rule 9, then if the harvest of crops referred to in the preceding rule in any subsequent year is of the anna valuation specified in column 1 of the Table thereto. The current land revenue payable in respect of such land and the suspended land revenue payable in respect thereof shall be paid in full, half or nil as indicated in columns 2 and 3 of that Table:-

TABLE

Proportion of recoverable land revenue

Anna valuation of crops Current Suspended

land

revenue

2 3

66 paise and over ……….. Full Full 48 paise and less than 66 Paise Full Half 36 paise and less than 48 Paise Full Nil Over 24 paise and less than 36 Paise Half Nil 24 paise and less Nil Nil

128

Manual of Goa Laws (Vol. II) - 955 - Land Revenue Code and Rules

10. Remission on consequence of prohibitory orders.— If crops could not be grown in any year in any area in consequence of an order made by a competent authority under any law for the time being in force, the Collector may by an order in writing grant remission—

(a) in whole, of the land revenue payable in respect of such area, if more than half such area allowed to remain fallow in such year was cultivated during the previous year.

(b) in part, of an amount equal to half of the land revenue payable in respect of such area, if less than half the area allowed to remain fallow was cultivated during the previous year.

11. Relief in local calamities.— (1) When the Collector is satisfied on inquiries made in any year in any tract that there has been a local calamity, he may after taking into account the resources of the owner of the crops affected by such local calamity by an order in writing—

(a) if there is a total loss of crops or extensive damage to other property, grant remission in whole or in part, of land revenue in that year as he may deem proper after taking into consideration the circumstances of each case:

Provided that, relief by way of remission in any district in any year shall not exceed five hundred rupees:

Provided further, that, the Collector may, with the previous sanction of the Government, grant such remission of an amount exceeding one thousand rupees;

(b) in case not falling under clause (a) grant suspension, in whole or in part of land revenue after taking into account the extent of loss occasioned by such calamity. Explanation.— For the purpose of this sub-rule the question of extent of damage or loss due to a local calamity in any tract in any year shall, subject to the provisions of the Code be decided by the Collector.

(2) The provisions in rule 8 shall apply for recovery of land revenue suspended under clause (b) of sub-rule (1).

12. Collector to furnish information to Government about suspension and remission.— The Collector shall furnish to Government information about suspensions and remissions granted by him under these rules every year in the appended form.

129

Manual of Goa Laws (Vol. II) - 956 - Land Revenue Code and Rules

* FORM

District . . . . . . .

Statement showing the amount of land revenue suspended and remitted during the year . . . . . . . .

No. of villages where paisa

Sr. No. Name Total No. valuation is Amount of Amount land of land

of Taluka of Villages revenue 24 paise and Above 24 paise revenue

suspended remitted

below and below 36 paise

1 2 3 4 5 6 7

(in Rs.) (in Rs.) By order and in the name of the Administrator of Goa, Daman and Diu. Dr. J. C. Almeida, Secretary (Revenue).

Panaji, 16th February, 1971.

———— Notification

RD/LRC/245/69-71/X In exercise of the powers conferred by sub-section (2) of Section 199 of the Land Revenue Code, 1968 (9 of 1969) and all other powers enabling him in that behalf the Lieutenant Governor of Goa, Daman and Diu is hereby pleased to make the following rules:-

RULES

1. Short title and commencement.— (1) These rules may be called the Goa, Daman and Diu Land Revenue (Disposal of Government Trees, Produce of Trees, Grazing and other Natural Products) Rules, 1969.

1.^*This form has been substituted for the original form, by Fourth Amendment Rules, 1977, published in the Official Gazette Series - I No. 21 dt. 25-8-1977 which reads as follows:

FORM

District . . . . . . . Statement showing the amount of land revenue suspended and remitted during the year . . . . . . . .

No. of villages where annewari is

Amount of Amount

Sr. No. Name Total No. of Above 24 paise land revenue of revenue of Taluka Villages 24 paise and and below 36 suspended remitted below paise

1 2 3 4 5 6 7

(in Rs.) (in Rs.)

130

Manual of Goa Laws (Vol. II) - 957 - Land Revenue Code and Rules

2. They shall come into force at once.

2. Definitions.— In these Rules—

(a) "Code" means the Goa, Daman and Diu Land Revenue Code, 1968;

(b) "Section" means a Section of the Code.

3. Disposal of Trees, etc., belonging to Government.— (1) Where any trees belonging to the Central Government are sold under Section 16, the sale shall be by public auction or otherwise as the Collector may, in consultation with the Conservator of Forests, direct.

(2) Brush-wood, Jungle or other natural product such as, lac, honey gum, resign, catacha and the like, may be sold under Section 16 by the Collector by public auction either for a period of one year or for any term not exceeding five years.

4. Disposal of grazing.— The grazing of unoccupied land vesting in the State Government (whether a survey settlement extends to such land or not, and whether the same is assessed or not) and in all lands specially reserved for grass or for grazing (except land assigned under Section 18, may be disposed of by public auction by way of lease or otherwise year to year, or for any term not exceeding five years, to any person as the Collector deems fit, either field by field or in tracts, and at such time as the Collector may determine on the conditions that—

(i) the land shall not be brought under cultivation;

(ii) such person shall be entitled to charge such grazing fees as he may, with the previous sanction of the Collector, fix;

(iii) every resident or cultivator of the village shall be permitted to graze cattle on such land on payment of fees fixed under clause (ii);

(iv) such person shall have no right in trees and forest products standing on such land.

5. Cancellation of right.— (1) The right conferred on any person under rule 4 may be cancelled—

(i) if such person commits any breach of the conditions mentioned in rule 4 or fails to pay the lease money on the due date; or

(ii) if a majority of the persons grazing cattle on the land desire it.

(2) The order of cancellation shall take effect from the 1st of June next following the date of such order.

6. Procedure to be followed when there is no offer for lease of grazing.— If no one offers to take the land under rule 4 or if a majority of the people in the village concerned declare that the land is not required for grazing, the Mamlatdar shall direct the land to be recorded as land available for cultivation.

131

Manual of Goa Laws (Vol. II) - 958 - Land Revenue Code and Rules

7. Delegation.— The Collector may delegate the powers conferred upon him under these rules to the Sub-Divisional Officers and Mamlatdar in the district. By order and in the name of the Administrator of Goa, Daman and Diu. Dr. J. C. Almeida, Secretary (Revenue).

Panaji, 16th February, 1971.

———— Notification

RD/LRC/245/69-71/XI In exercise of the powers conferred by sub-section (2) of Section 199 of the Land Revenue Code, 1968 (9 of 1969) and all other powers enabling him in that behalf the Lieutenant Governor of Goa, Daman and Diu is hereby pleased to make the following rules:

1. Short title and commencement.— (1) These rules may be called the Goa, Daman and Diu Land Revenue (Appeals, Revision and Review) Rules, 1969.

(2) They shall come into force at once.

2. Form and contents of appeal and application.— (1) Every appeal or an application for revision or review under Chapter XII of the Code shall be made in the form of a petition addressed to the appropriate authority and shall be drawn up in concise, intelligible language. It shall bear the signature or thumb impression of the appellant or, as the case may be, the applicant, or his duly authorized agent and shall bear a court-fee stamp of such value as is provided therefor in the Court-Fees Act, 1870, as applied to the Union territory of Goa, Daman and Diu.

(2) The appeal or application shall contain the following particulars, that is to say:—

(i) the name of the appellant or the applicant, as the case may be;

(ii) his father's name;

(iii) his occupation and place of residence and address; and

(iv) the name and address of the writer, if any, of the appellant or applicant.

(3) 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.

3. Presentation of appeal and application.— (1) Appeals or applications for revision or review may either be presented to the appropriate authority in person or be forwarded to it by post.

(2) Where an appeal or application is sent by post, the postage on the cover containing it must invariably be fully pre-paid.

132

Manual of Goa Laws (Vol. II) - 959 - Land Revenue Code and Rules

4. Rejection of appeals and applications.— Non-compliance with the provisions of the preceding rules in any material respect may render an appeal or application liable to be rejected without inquiry into its merits.

5. Consolidation of appeals and applications.— A Revenue or Survey Officer may consolidate any appeals or applications, if—

(a) all the parties thereto agree to such consolidation; and

(b) they involve common questions of law and facts. By order and in the name of the Administrator of Goa, Daman and Diu. Dr. J. C. Almeida, Secretary (Revenue).

Panaji, 16th February, 1971.

———— Notification

RD/LRC/245/69-71/XII In exercise of the powers conferred by sub-section (2) of Section 199 of the Land Revenue Code, 1968 (9 of 1969) and all other powers enabling him in that behalf the Lieutenant Governor of Goa, Daman and Diu is hereby pleased to make the following rules:

RULES

1. Short title and commencement.— (1) These rules may be called the Goa, Daman and Diu Land Revenue (Inquiry into Title of Land) Rules, 1969.

2. Notice of inquiry and order, under Section 14(3).— (1) Before commencing an enquiry under sub-section (3) of Section 14, a written notice in Form A appended to these rules of the proposed inquiry and of the time and place and subject-matter thereof shall be affixed not less than ten days before the inquiry at the chavdi or some other public place in the village in which the property to which the inquiry relates is situated, and in a conspicuous position upon such property.

(2) A copy of the notice shall also be served not less than ten days before the inquiry on all persons who are known or believed to have made any claim to, or to be interested in, the subject-matter of the enquiry, and every such notice shall be served in the manner provided in Section 171 for the service of a summons.

(3) A notice in Form B appended to these rules of any order passed under sub-section

(3) of Section 14, specifying briefly the subject-matter, contents and date of the order passed, shall be served in the manner specified in sub-rule (2) upon the persons referred to in that sub-rule.

(4) Such notice shall also be affixed in the places specified in sub-rule (1).

133

Manual of Goa Laws (Vol. II) - 960 - Land Revenue Code and Rules

FORM 'A'

[See rule 2 (1)]

A Form of Notice under Section 14 (3)

To

A. B.

Whereas (here describe the property or right in or over any property) is claimed by Government or by C.D. against Government), notice is hereby given that an inquiry will be held by me to decide that claim.

You are hereby required to attend before me either in person or by a duly authorised agent at......... O'clock of the……. noon (at the site in dispute or) at my office (camp at.....................in the .............Taluka) on the……… day of ..............19 ......at which time and place an inquiry into the same claim will be made.

And you are hereby required to produce before me at the time and place referred to above any documents or evidence you may wish to be heard.

If you fail to attend in person or by a duly authorised agent in pursuance of this notice the claim referred to above will be decided in your absence.

Given under my hand and the seal of this office and Dated this......... day of .........19 Seal of (Signed)

office Collector of Survey Officer.

———— FORM 'B'

[Rule 2 (3)] Whereas in accordance with a notice duly served under rule 2 (2) of the Goa, Daman and Diu Land Revenue (Inquiry into Title of Land) Rules, 1969 an inquiry was held by me on............. and an order was passed on.....................

Notice is hereby given to all persons concerned and to (here specify the person to whom this notice is directed) that my decision and order is that: (here summarise the order and define the property or right to which it relates).

Given under my hand and the seal of this office and Dated this ………day of …... 19. Seal

of

office (Signed)

Collector of Survey Officer.

By order and in the name of the Administrator of Goa, Daman and Diu.

Dr. J. C. Almeida, Secretary (Revenue).

Panaji, 16th February, 1971.

134

Manual of Goa Laws (Vol. II) - 961 - Land Revenue Code and Rules

Notification

RD/LRC/245/69-71/XIII In exercise of the powers conferred by sub-section (2) of Section 199 of the land Revenue Code, 1968 (9 of 1969) and all other powers enabling him in that behalf the Lieutenant Governor of Goa, Daman and Diu is hereby pleased to make the following rules:

RULES

1. Short title and commencement.— (1) These rules may be called "The Goa, Daman and Diu Land Revenue (Regulation of Right and Trees, etc.) Rules, 1969."^*

(2) They shall come into force at once.

2. Cutting of trees prohibited in certain cases.— (1) No tree within thirty meters of the extreme edge of the bank of any water course, spring or a tank shall be cut, except with the previous permission of the Collector.

(2) In any case not falling under sub-rule (1), no tree in any holding or part of a holding containing unculturable land or land in which economic cultivation of field crop is not possible shall be cut without the previous permission of the Collector, if the tree growth in that holding or part of the holding is less in proportion than twenty trees per acre.

(3) Any person committing a breach of this rule shall, in addition to any other consequences that would ensue from such breach, be punishable with such fine not exceeding one thousand rupees as the Collector may, after giving such person an opportunity to be heard, deem fit to impose.

Explanation 1.— For the purposes of this rule, a water-course includes all streams, rivers, rivulets and nallas in which water is collected during the monsoon or otherwise and which usually retains water upto the end of December, but does not include small temporary channels formed by the run off of water during the monsoon. Explanation 2.— If any question arise, whether any tree is within thirty meters of the extreme edge of the bank of any water course, spring or tank, of whether any holding or part thereof, contains any unculturable land or land in which economic cultivation of field crop is not possible, the question shall be referred to the Collector.

3. When cutting of such trees may be permitted.— The Collector may, on an application made by the holder in that behalf, permit the cutting of trees referred to in rule 2, if—

(i) the trees or parts thereof are likely to cause any harm or damage to life or property or that there is likelihood of pollution of drinking water; or * These words were substituted for the words "The Goa Land Revenue (Regulation of right to trees, etc.) Rules, 1969" by Notification No. RND/LND/Rules/333/70-77 (III) dated 20-8-1977 published in the Official Gazette Ser-I No. 21 dt. 25-8-1977.

135

Manual of Goa Laws (Vol. II) - 962 - Land Revenue Code and Rules

(ii) the trees are dead or dying; or

(iii) the removal of trees is in the best interest of the holder for the production of food crops which may be getting a set back by the shade of such trees on culturable land under regular food crops.

By order and in the name of the Administrator of Goa, Daman and Diu. Dr. J. C. Almeida, Secretary (Revenue).

Panaji, 16th February, 1971.

———— Notification

RD/LRC/245/69-71/XIV In exercise of the powers conferred by sub-section (2) of Section 199 of the Land Revenue Code, 1968 (9 of 1969) and all other powers enabling him in that behalf the Lieutenant Governor of Goa, Daman and Diu is hereby pleased to make the following rules:

RULES

1. Short title and commencement.— (1) These rules may be called "The Goa, Daman and Diu Land Revenue (Alluvion and Diluvion) Rules, 1969".

(2) They shall come into force at once.

2. Duty of Talathi to ascertain and record increases or decreases due to alluvion and diluvion and report to Mamlatdar.— (1) It shall be the duty of every Talathi to ascertain and report to the Mamlatdar and record the increases due to alluvion, and losses due to diluvion, in every holding subject to such changes.

(2) Where the area of any alluvial land or newly formed island, or of any abandoned river-bed, or of any land lost by diluvion exceeds the limits prescribed in Sections 49 and 50, the Talathi shall also report such increases or decreases in the area of a holding to the Mamlatdar and act according to the orders passed by the Mamlatdar in relation thereon thereto.

3. Holders of land with shifting boundaries may occupy upto such boundaries.—

When a holding is bounded on any side by the bank or shore of a river, creek or nala, or of the sea, the holder may, subject to the provisions contained in Sections 22, 49 and 50, occupy and use the land up to such bank or shore, notwithstanding that its position may shift from time to time.

4. Disposal of alluvial land.— (1) When alluvial land formed on any bank or shore, it shall be disposed of by the Collector in the manner provided in sub-section (1) of Section

22.

136

Manual of Goa Laws (Vol. II) - 963 - Land Revenue Code and Rules

(2) If the occupant of the bank or shore does not accept the offer made by the Collector and the alluvial land is not required for any public or Government purpose, it may be disposed of by public auction to the highest bidder.

5. Decrease in assessment on land lost by diluvion.— (1) If any portion of land in a survey number not being less than half hectare in extent, is lost by diluvion, the holder thereof shall be entitled to the proportionate decrease in the assessment. It shall be the duty of the Collector to determine the amount of assessment to be so decreased having regard to the total area of the survey number, its assessment and the area lost by diluvion.

(2) On reappearance of the land lost by diluvion in respect of which the assessment is decreased under sub-rule (1), the holder shall be liable, if the area on reappearance exceeds half hectare, in extent, to pay such proportionate assessment as may be similarly determined by the Collector.

By order and in the name of the Administrator of Goa, Daman and Diu. Dr. J. C. Almeida, Secretary (Revenue).

Panaji, 16th February, 1971.

———— Notification

RD/LRC/245/69-71/XV In exercise of the powers conferred by sub-section (2) of Section 199 of the Land Revenue Code, 1968 (9 of 1969) and all other powers enabling him in that behalf the Lieutenant Governor of Goa, Daman and Diu is hereby pleased to make the following rules:

RULES

1. Short title and commencement.— (1) These rules may be called "The Goa, Daman and Diu Land Revenue (Partition of Holdings) Rules, 1969".

(2) They shall come into force at once.

2. Application for partition.— (1) An application by a co-holder for partition of his share in a holding under sub-section (1) of Section 61 shall contain the following particulars:-

(a) the area of each field constituting the holding and its survey number and (^*Sub-Division) recorded in the record of rights;

(b) the tenure of the holding, that is whether held as occupant Class I, Class II or Government lessee;

(c) the land revenue of the holdings; * Substituted for the words "Hissa number" by Sixth Amendment Rules, 1977 published in Official Gazette Series - I No. 21 dated 25-8-1977.

137

Manual of Goa Laws (Vol. II) - 964 - Land Revenue Code and Rules

(d) the names and addresses of the co-holders and the extent of their shares.

(2) The application shall be accompanied by a copy of entries in the record of rights.

3. Issue of notice and proclamation.— (1) On receipt of the application, the Collector shall hear the applicant in person on any day of which due notice shall be given to the applicant or on any day to which hearing may be adjourned; and if after hearing the applicant, it appears to him that the case does not fall under rule 10, he shall cause to be served in accordance with the provisions of Section 173, a notice in Form A appended to these rules on all the other co-holders requiring them to appear before him and state their objections, if any, on a day to be specified in the notice which shall not be less than thirty or more than sixty days from the date of the issue of the notice on each such co-holder.

(2) The Collector shall also cause a proclamation in form 'B' appended to these rules, to be published. A copy of such proclamation shall be^*[pasted] at the headquarters of the Taluka, and in the village in which the holding is situated; and if necessary, to the Co- -operative Bank or the Land Development Bank or both operating within the area in which the holding is situated.

4. Power of Collector to reject partition.— If after hearing the applicant, the co- -holders and any other persons who appear, it appears to the Collector that there is sufficient reason for disallowing the partition, he may, by order in writing stating the reasons, reject the application.

5. Mode of effecting partition.— If the Collector does not reject the application, he shall proceed to effect the partition either personally or through such agency as he may appoint. So far as practicable, whole survey numbers or sub-division of survey numbers shall be allotted and recourse to further division of sub-division should be taken only in rare cases. Compact areas of land should, as far as possible, be allotted to each party and care should be taken to ensure that the productivity of the area allotted to each party is in proportion to his share in the holding.

6. Apportionment of assessment.— The assessment of the holding shall be distributed in proportion to the shares held in the holding by the co-holders, so however that when the total assessment of all the sub-divisions of any survey number in such holding falls, short of, or exceeds, the whole assessment of that survey number, the difference shall be equitably distributed over the sub-divisions by addition or deduction in the assessment so as to make the total equal to the assessment of the parent survey number.

7. Procedure before confirmation of partition.— After the partition has been completed, the Collector shall hear any objections which the parties may make, and shall either amend or confirm the partition. The partition shall take effect from the commencement of the agricultural year next following the date of such amendment or confirmation of the partition.

8. Recovery of expenses of partition.— Expenses of partition shall be recoverable by the Collector from the parties in the manner provided in sub-section (5) of Section 61. * Substituted for the word "posted" by Sixth Amendment Rules, 1977, published in Official Gazette, Series I No. 21 dt. 25-8-1977.

138

Manual of Goa Laws (Vol. II) - 965 - Land Revenue Code and Rules

9. Partition under decree of civil court.— When any holding is ordered to be partitioned under any decree or order of a civil court, the provisions of rules 5, 6 and 7 shall apply as they apply in relation to partition of a holding on the application of a co-holder.

10. Saving.— No holding shall be partitioned under the provisions of these rules, if such partition results in creating a holding less in extent than the standard area determined by the Government under the provisions of any law for the prevention of fragmentation and consolidation of holdings.

———— FORM 'A'

(See rule 3)

Notice

To .............. son of .............. resident of village ................ Taluka.................. District. Whereas................., son of ............. co-holder of the holding specified below in village........... Taluka.............. district.................. has applied for partition of his share in the said holding; And whereas it is proposed to partition the said holding, and the date of hearing has been fixed for.............. 19 ......, at............. O'clock at...........

You are hereby informed that you should appear either personally or through a legal practitioner or recognized agent on the date fixed and state your objections, if any; In the event of your failure so to appear and state your objections, it will be assumed that you have no objection to the said partition.

Particulars of the holding

Survey No./Hissa No. Area Land Revenue

Seal Collector

Dated:...................19

———— FORM 'B' Proclamation

(See rule 3) Whereas ............, son of.................. co-holder of the holding specified below in village............... taluka................ district has applied for partition of his share in the said holding;

139

Manual of Goa Laws (Vol. II) - 966 - Land Revenue Code and Rules And whereas it is proposed to partition the said holding, and the date of hearing the application has been fixed for................19.......... at ...............O'clock at.............................. All persons who are interested in the said holding are hereby informed that they should appear either personally or through legal practitioner or recognised agent on the date fixed and state their objections, if any;

In the event of failure so to appear and state the objections on the date and at the place mentioned above, no objection will be considered.

Particulars of the holding

Survey No. Hissa No. Area Land Revenue

Seal Collector

Dated: ........................... 19 ........ .

By order and in the name of the Administrator of Goa, Daman and Diu.

Dr. J. C. Almeida, Secretary (Revenue).

Panaji, 16th February, 1971.

———— Notification

RD/LRC/245/69-71/XVI In exercise of the powers conferred by sub-section (2) of Section 199 of the Land Revenue Code, 1968 (9 of 1969) and all other powers enabling him in that behalf the Lieutenant Governor of Goa, Daman and Diu is hereby pleased to make the following rules:

RULES

1. Short title and commencement.— (1) These rules may be called the Goa, Daman and Diu Land Revenue (Record of Rights and Register of Cultivators) Rules, 1969.

(2) They shall come into force at once.

2. Definitions.— In these rules, unless the context requires otherwise,—

(a) "Code" means the Goa, Daman and Diu Land Revenue Code, 1968;

(b) "Form" means a form appended to these rules.

3. Form of Record of Rights.— A record of rights to be maintained in every village under Section 95 shall be in the form of a separate card in Form I for each survey number or, as the case may be, sub-division of a survey number or where the land is not surveyed, for each field.

140

Manual of Goa Laws (Vol. II) - 967 - Land Revenue Code and Rules

4. Other particulars to be included in the Record of Rights.— The other particulars to be included in a record of rights shall be as follows:—

(a) the land revenue assessment payable in respect of the land;

(b) the tenure on which the land is held, that is to say whether the land is held as occupant Class I or Class II, Government lessee, owner, etc.:

Provided that, where the person acquiring the right is a minor or otherwise disqualified, his guardian or other person having charge of his property shall make the report to the^∗[Malatdar of Taluka]:

+ [Omitted]

Explanation I.— The rights mentioned above include a mortgage without possession but do not include an easement or a charge not amounting to a mortgage of the kind specified in Section 100 of the Transfer of Property Act, 1882. Explanation II.— A person in whose favour a mortgage is discharged or extinguished, or lease determined acquires a right within the meaning of 96 Section. # [Explanation III.— For the purpose of the Chapter VIII of the Goa Land Revenue Code, 1968, the term "Mamlatdar of Taluka" includes Joint Mamlatdar and in case of City Survey Records, the Inspector of Surveys and Land Records].

5. Issue of notice.— (1) When the Record of Rights is to be introduced in any village for the first time, the Talathi shall issue a public notice in Form II calling upon all persons who have any interest in the lands in the village to furnish to him either in writing or orally information on all or any of the following points within one month from the date of the public notice:

(i) Survey number and sub-division number, if any, of the land (or where the lands are not surveyed, the name of the field and its boundaries) in which he has any interest as holder, occupant, owner, tenant, landlord, mortgage, Government lessee or in any other manner.

(ii) The nature of interest in the land.

(iii) The tenure on which the land is held, that is to say whether the land is held as owner, occupant class I or II or Government lessee.

(iv) The encumbrance or charge, if any, on the land and the name of the holder of such encumbrance or charge.

(2) The aforesaid notice shall be published in the village by beat of drum and by affixing copies thereof in a conspicuous place in the village and where there is a village panchayat in the office of the village panchayat.

∗ Substituted by the Amendment Rules, 2010, published in the Official Gazette, Series I No. 10 dtd. 3-6-2010. + Provisos second and third omitted by the Amendment Rules, 2010.

# Substituted by the Amendment Rules, 2010.

141

Manual of Goa Laws (Vol. II) - 968 - Land Revenue Code and Rules

6. Preparation of Index of Lands.— (1) The Talathi shall on the basis of the information received under Section 96 and 97 or such information as he may collect by making local inquiry prepare a draft of the Index of land in the village in Form III.

(2) The draft of the Index of Lands prepared under sub-rule (1) shall, after being checked by the Revenue Inspector or a Survey Officer not below the rank of a Revenue Inspector, be published by issuing a notice in Form IV and publishing the notice in the manner provided in sub-rule (2) of rule 5. The notice shall call upon all persons having interest in the lands in the village to inspect the draft, which shall be kept open for inspection for a period of thirty days on the dates and times and at a place (which shall be convenient to the villagers) to be specified in such notice and to submit to him in writing within one month from the last date for inspection specified in the said notice^*[or within such date the Government by Notification at any time before the promulgation may specify] their objections, if any, to any of the entries in the draft. The notice shall also mention the date (such date being not earlier than one month from the expiry of the period specified for submission of objections) on which the entries in the draft will be read aloud in public and the objections received within the prescribed period shall be inquired into decided by a Survey Officer or as the case may be, a Revenue Officer not below the rank of an Awal Karkun and call upon the persons having interest in lands to be present at the aforesaid occasion.

(3) If from the objection received by the Talathi under sub-rule (2), he finds that disputes exist relating to entries in respect of certain lands, he shall enter such disputes in a register of disputed cases, which shall be maintained for each village in Form V. He shall simultaneously give individual notice in Form VI to each person who appears to him to be interested in the disputed entry, informing him of the dispute and calling upon him to be present on the date the dispute is to be heard and decided.

(4) On the date specified in the notice issued under sub-rule (2), the Revenue or Survey Officer concerned shall at the appointed place and time read aloud in the presence of the persons assembled, the draft of the Index of Lands for the village. He shall then inform them of the lands in respect of which disputes have been raised and ask them whether they admit the entries in respect of the remaining lands. If they admit such entries the officer shall make a remark to that effect in the remarks column of the draft. If in respect of any entry any error is pointed out and is admitted by all concerned, the entry shall be corrected and a remark made to that effect in the remarks column. If a dispute is raised in respect of any entry it shall be entered in the register of disputed cases.

(5) Thereafter the officer concerned shall, after verifying whether the Talathi has given individual notices under sub-rule (3), proceed to decide the disputed cases entered in the register of disputed cases and record therein his decision in respect of each dispute. The decision shall be announced to the persons assembled.

(6) The entries in the draft of the Index of Lands shall be corrected in red ink by the Talathi in the light of the decisions given under sub-rule (5). * Inserted by the 1st Amendment Rules, 1980.

142

Manual of Goa Laws (Vol. II) - 969 - Land Revenue Code and Rules

7. Promulgation of record of rights.— (1) The corrected draft shall be published by issuing a notice in Form VII and publishing the notice in the manner provided in sub-rule

(2) of rule 5. The notice shall call upon all persons having interest in the lands in the village to inspect the draft, which shall be kept open for inspection for a period of fifteen days on the dates and times and at a place (which shall be convenient to the villagers) specified in such notice and informing them that the draft will be finalised and the record of rights promulgated by a Revenue or Survey Officer not below the rank of a Deputy Collector on the date and time to be specified in such notice, after hearing any appeals against the decisions taken in the disputed cases. The notice shall also call upon the persons aggrieved by the decisions in the register of disputed cases to hand over to the Talathi before the aforesaid date their appeal petitions. On receipt of such petition the Talathi shall give notice about the receipt of such petition to the other parties who are interested in the land and call upon them to be present on the date, the appeal petition is to be decided.

(2) On the appointed date and time, the officer concerned shall consider all the appeal petitions received by the Talathi within the prescribed period and shall decide them after hearing the parties. He shall then get the entries in the draft further corrected in red ink in accordance with the decisions given by him on the appeal petitions and shall sign it at the end after adding a certificate that it has been duly approved by him. He shall then direct the Talathi to transfer the entries in respect of each survey number or sub-division or a survey number or in respect of each field where the land is not surveyed, in the draft so corrected to the record or the sub-division of survey number or the field, as the case may be, and proclaim to the villagers that the record of rights so prepared shall be the record of rights of the village.

8. Mamlatdar responsible for maintenance of record of rights.— The Mamlatdar shall be responsible for the maintenance of the record of rights in all villages within his jurisdiction and for that purpose for the timely and systematic compliance of the provisions hereinafter appearing.

9. Acknowledgement of reports under Section 96 and Register of Mutations.—

∗ [(1) (1) Any person acquiring any right of land as mentioned in Section 96 of the Code shall report his acquisition of such right to the Mamlatdar of Taluka alongwith the documents concerning acquisition of rights and detailed address of the persons interested in such land. The Mamlatdar of Taluka or the official authorized by him in this behalf shall at once give endorsement for receipt of such reports and enter the Mutation in the Mutation register maintained in Form IX hereto.];

(2) As soon as an intimation sent to him by the registering officer under Section 102 is received, the⁺[Mamlatdar of Taluka] shall make a separate entry in the mutation register about the mutation made by each document mentioned in such intimation.

(3) Where the acquisition of rights in any land is as a result of transfer of such land and such transfer cannot be made without the previous permission of any officer of ∗ Substituted by the Amendment Rules, 2010.

+ Substituted by the Amendment Rules, 2010.

143

Manual of Goa Laws (Vol. II) - 970 - Land Revenue Code and Rules Government, the^∗[Mamlatdar of Taluka] shall require the person making the report to him under Section 96 to produce before him such permission or such evidence of the order by which such permission is given, within 15 days. If such permission or evidence is produced the⁺[Mamlatdar of Taluka] shall record this fact at the end of the entry in column 2 of the mutation register. If the permission is obtained but not produced or not at all obtained the Talathi shall record this fact as aforesaid.

(4) Whenever the^#[Mamlatdar receives from], the Director of Settlement and Land Records or officers superior to him:—

(i) any intimation about the passing of any order as a result of which mutation has taken place; or

(ii) any intimation about hypothecation of any land for tagai loan; he shall make an entry about the mutation in the mutation register. £ [10. Notice of Mutation.— (1) The Mamlatdar of Taluka shall scrutinize report received under rule 9 within seven days from the date of receipt of same and issue notice in Form X hereto to the persons interested in lands. One copy of the Notice in Form X shall be displayed on the Notice Board of the Mamlatdar's Office:

Provided that no such notice is required for carrying out mutation where,—

(i) the persons interested in land appear before the Mamlatdar and give their no objection for carrying out mutation by an affidavit;

(ii) Land is acquired under the Land Acquisition Act, 1894 (Central Act 1 of 1894);

(iii) Right to the land is acquired under the Goa, Daman and Diu Agricultural Tenancy Act, 1964 (Act 7 of 1964) and the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1976 (Act 1 of 1976);

(iv) Orders have been passed by the Collector under Section 61 or Section 103 of the Code:

Provided further that such Notice shall be issued to all co-owners of land where mutation sought involves land that is not partitioned and held in common by all co- owners.

(2) Mamlatdar may permit to effect service of Notice by the applicant by way of registered Post AD or by courier service as may be approved by the Collector. Where the Mamlatdar is satisfied that for any reason the summons cannot be served in the ordinary way, the Mamlatdar shall order the notice to be served by an advertisement in a newspaper circulating in locality.]

∗ Substituted by the Amendment Rules, 2010.

+ Substituted by the Amendment Rules, 2010.

# Substituted by the Amendment Rules, 2010.

£ Substituted by the Amendment Rules, 2010.

144

Manual of Goa Laws (Vol. II) - 971 - Land Revenue Code and Rules ∗ [11. Objections.— (1) Upon receipt of any objection against carrying out the Mutation as applied for, the Mamlatdar of Taluka shall enter each objection in a register of disputed cases maintained in Form V hereto.

(2) The Mamlatdar shall issue a notice in Form XII hereto to all the persons who have objected for carrying out mutation. The Mamlatdar shall decide objections within a period of three months after hearing all parties. He shall also record in Column 4 of the mutation register the order passed by him, under his signature.]

+ [12. Disposal of mutation application.— In case all the notices are served to the persons interested in land and there is no objection for carrying out mutation, the Mamlatdar shall proceed to dispose of the application for mutation.] [13. In case the Mamlatdar decides to certify the mutation entry, he shall make an endorsement under his signature in Column 4 of mutation register maintained in Form IX, to the effect that the mutation entry as modified by him is certified by him.] # [14. Giving effect to the certified entries in mutation register in the record of rights.— Immediately after the mutation entry is certified under rule 13, the Mamlatdar of Taluka shall give effect to the mutation entry as certified in the record of rights on payment of fees as mentioned in section 96 of the Code.]

£ [14A. Maintenance of Record of Rights.— Record of Rights shall be maintained in Form I alongwith survey plan indicating boundary of each survey number or as the case may be, sub-division of a survey number in Form XV hereto by either the Survey Officer or the Revenue Officer].

15. Intimation of transfers by registering officer and giving effect to such transfer in record of rights.— (1) When any document purporting to create, assign or extinguish any title to, or any charge on, land used for agricultural purposes, or in respect of which a record of rights has been prepared is registered under the Indian Registration Act, 1908, the officer registering the document shall send intimation to the Talathi of the village in which the land is situated and to the Mamlatdar of the Taluka, in Form XIII separately in respect of lands included in each village. Such intimation shall be given in the first week of each month for the documents registered in the preceding month. While sending the intimation to the Talathi, it shall be sent in duplicate.

(2) On receipt of an intimation under sub-rule (1), the Talathi shall immediately take action as if the intimation was a report made to him under Section 96 and the provisions of rules 10 to 14 shall mutatis mutandis apply except that it shall not be necessary for the Talathi to acknowledge receipt as provided in sub-rule (1) of rule 9. The Talathi shall also enter the mutation entry number (s) in the "remarks" column of the duplicate copies of the intimation received under sub-rule (1) and return one copy to the Mamlatdar. ∗ Substituted by the Amendment Rules, 2010.

+ Substituted by the Amendment Rules, 2010.

# Substituted by the Amendment Rules, 2010.

£ Inserted by the Amendment Rules, 2010.

145

Manual of Goa Laws (Vol. II) - 972 - Land Revenue Code and Rules

16. Register of cultivators and crops.— A register showing the names of persons who have cultivated the lands in a village, the crops grown therein and the area in which they are grown and where the lands are not cultivated, the names of persons in actual possession shall be maintained in every village. It shall be in the form of a separate card in Form XIII in respect of each survey number or sub-division of a survey number and shall be printed below the record of rights in Form I. Entries in the register shall be made every year in the manner provided in rules 17 and 18.

17. Procedure of making entries in register of cultivators and crops.— (1) Every year at any time during the period when the crops grown in the village are standing in the fields, the Talathi shall visit the village for the purpose of inspection of the crops and making entries in the register of cultivators and crops.

(2) The Talathi shall give intimation of the date of his visit to the village for the purpose of sub-rule (1) to the Sarpanch of the village panchayat at least seven days in advance and shall request him to arrange to inform the villagers by beat of drum or by any other suitable method about the date (s) of visit of the Talathi and its purpose and to call upon the villagers to be present in their fields and witness the entries being made in the register of cultivators and crops. He shall also request the Sarpanch to request the members of the village panchayat to accompany him during the crop inspection.

(3) On the appointed date (s) the Talathi shall visit every field in the village in the presence of the members of the village panchayat and the villagers who agree to accompany him and make entries in the register of cultivators and crops in respect of each survey number or sub-division of a survey number. He shall allow the persons interested in land to see the entries made by him in respect of the land in which they are interested.

(4) For ascertaining the person who has cultivated a survey number or sub-division of a survey number or where the land is uncultivated of the person in actual possession, the Talathi shall question the person who may be present in the land and also the villagers who accompany him. Where there is no dispute about such person, and where such person is also a person who according to the entries in the record of rights is entitled to cultivate the land or as the case may be, to be in actual possession, the Talathi shall make entries in ink in the register in respect of that land.

(5) Where there is a dispute or disagreement about such person or where such person is other than the person who according to the entries in the record of rights is entitled to cultivate the land or as the case may be, to be in actual possession and such person is able to produce before the Talathi documentary evidence in support of his possession of the land, the Talathi shall make an entry in ink in respect of such land and shall also keep in column (17) of the register a note about the document produced in support of his possession. If the person is unable to produce such documentary evidence, the Talathi shall make the entries in columns (2) and (3) of the register relating to such land in pencil and the remaining entries in ink. He shall also make a note in pencil in column (17) of the register about the dispute or discrepancy in possession.

146

Manual of Goa Laws (Vol. II) - 973 - Land Revenue Code and Rules

18. Finalising entries in register of cultivators and crops.— (1) As soon as may be after the Talathi has made entries in the register of cultivators and crops, the Revenue Inspector or any Revenue Officer superior to him shall visit the village for the purpose of finalising the entries made in pencil under sub-rule (5) of rule 17 and for hearing the objections, if any, to the entries relating to crops made in the register by the Talathi. He shall give intimation of the date of his visit to the Talathi and the Sarpanch of the village at least seven days in advance. The Talathi shall arrange to inform all persons interested in the pencil entries of the officer's visit and shall call upon them to remain present at the appointed place and at the appointed time if they have any objection to the pencil entry.

(2) On the appointed date, the officer referred to in sub-rule (1) shall after hearing the objections, if any, to the pencil entries and the entries relating to crops and after holding such further enquiry as he deems necessary for ascertaining the correct factual position, ink out the pencil entry if it represents the correct factual position or make a fresh entry in ink in accordance with the correct factual position after erasing the pencil entry. He shall similarly correct the incorrect entries relating to crops and shall put his initials at the end of such entries.

19. Mutation entries corresponding to entries in register of cultivation and crops.— Where an entry made in the register of cultivators and crops relating to a survey number or a sub-division of a survey number indicates a mutation in respect of such land, the Talathi shall make an entry in the mutation register about the mutation. Thereafter the provisions of the rules 10 to 14 shall mutatis mutandis apply.

20. Revenue Officer to exercise powers of survey officers.— For the purpose of preparing or revising any map or plan required for, or in connection with any record or register under the provisions of these rules, revenue officers shall exercise the following powers of a survey officer—

(a) A Revenue Inspector and a Talathi may issue notices to secure the attendance of holders of land and of all persons interested therein. They may also send intimations to village officers connected with survey operations, requiring them to render necessary assistance and call upon the holders and the interested persons to assist in the measurement.

(b) The Revenue Officers of and above the rank of an Awal Karkun may, if so required, issue summons to the holders and interested persons in order to secure their attendance and send intimation to the Taluka Officers connected with survey operations to render necessary assistance. Such officers may in the event of necessity employ hired labour for purposes of survey.

(c) The cost of preparation or revision of maps with all contingent expenses including the cost of clerical and hired labour and supervision shall be assessed on the land to which such map or plans relate, by an Assistant or Deputy Collector in such a way that it will cover entire cost of measuring, assessing and mapping the land. Such cost shall be recovered from the holders of land as a revenue demand.

147

Manual of Goa Laws (Vol. II) - 974 - Land Revenue Code and Rules

21. Inspection of record of rights.— The records and registers maintained under these rules shall, from time to time be inspected by revenue and survey officer not below the rank of a Mamlatdar. If any error in the entry is noticed by such officer during the course of his inspection, it shall be treated as a fresh mutation and corrected in accordance with the provisions of these rules.

22. Entries made in pencil not to be accepted as evidence.— An entry made in pencil either in the record of rights or the register of cultivators and crops shall not be accepted as evidence in any proceedings before any authority, court or tribunal.

23. Inspection of maps and land records and certified copies thereof.— (1) Subject to the payment of the fees provided in sub-rule (2) all maps and land records shall, subject to such restrictions as may be imposed, be open to inspection by the public during office hours in the office of the officer in charge of the same and certified extracts therefrom or certified copies thereof may be given to all persons applying for the same on payment of such fees as prescribed in sub-rule (2).

(2) The following fees shall be payable in cash for inspection and for supply of certified copies—

(i) For each day on which the inspection is 50 paise per hour subject to a made maximum of Rs. 2 per day.

(ii) For every certified copy of a serial 5 paise. number or entry in the record of rights, register of mutations, or register of cultivators and crops.

148

Manual of Goa Laws (Vol. II) - 975 - Land Revenue Code and Rules

149

Manual of Goa Laws (Vol. II) - 976 - Land Revenue Code and Rules

FORM 'II'

[See Rule 5 (1)]

Public Notice

Whereas it has been decided by Government to introduce record of rights in the village ………. in ………… Taluka ……… District under the provisions of Chapter VIII of the Goa, Daman and Diu Land Revenue Code, 1968 and the Goa, Daman and Diu (Record of Rights and Registers of Cultivators) Rules, 1969;

And whereas an index of lands in the village is now to be prepared under rule 6 of the said rules:

Now, therefore, I ……… Talathi of …….. hereby give a public notice under Rule 5 of the said rules to all persons who have any interest in the lands in the said village and call upon them to furnish to me either in writing or orally, information on all or any of the following points in respect of the land in which they are interested, within one month from the date of this notice:—

1) Survey number and sub-division number, if any, or the name of the field and its boundaries in which the person has any interest as owner, occupant, holder, tenant, mortgagee, Government lessee (including a person holding land from the Government on emphyteusis or provisional concession), or in any other manner;

2) The nature of interest in the said land;

3) The tenure on which the land is held, that is to say, whether the land is held as owner, occupant or Government lessee;

4) The encumbrance or charge, if any, on the said land and the name of the holder of such encumbrance or charge.

Place:

Talathi of ………

Date:

150

Manual of Goa Laws (Vol. II) - 977 - Land Revenue Code and Rules

151

Manual of Goa Laws (Vol. II) - 978 - Land Revenue Code and Rules

FORM 'IV'

[See Rule 6 (2)]

Public Notice

Whereas it has been decided by Government to introduce record of rights in the village ..…… in …… Taluka ……. District under the provisions of chapter VIII of the Goa, Daman and Diu Land Revenue Code, 1968 and the Goa, Daman and Diu (Record of Rights and Register of Cultivators) Rules, 1969;

And whereas a draft of the Index of Lands has been prepared under rule 30 of the said rules; Now, therefore, I, ................ Talathi of.................. village hereby call upon all persons having interest in the lands in the said village to inspect the draft of the Index of Lands which is kept open for inspection on ………………..(here mention the dates on which the draft is kept for inspection) at ……. (here mention the place at which the draft will be available for inspection) during the hours................. and to submit to me in writing within one month from the last date of inspection specified above, their objections, if any to any of the entries in the said draft; I also give notice that the entries in the said draft of the index of lands will be read aloud on.................... at................. and the objections received by me within the aforesaid prescribed period will be enquired into and decided by................, and call upon all persons having interest in the lands in the said village to be present at the aforesaid occasion.

Place:

Talathi of ....................

Date:

————

∗ FORM 'V'

[See Rule 11 (1)]

Register of Disputed Cases

Sr. Sr. No. in mutation Survey No. and Date of receipt Particulars of Orders of No. register Sub-Division No. of objections disputes with Officers or name of field names

1 2 3 4 5 6

∗ Substituted by the Amendment Rules, 2010.

152

Manual of Goa Laws (Vol. II) - 979 - Land Revenue Code and Rules

FORM 'VI'

[See Rule 6 (3)]

Notice

Whereas it has been decided by Government to introduce record of rights in the village............... in...............Taluka................. District under the provisions of chapter VIII of the Goa, Daman and Diu Land Revenue Code, 1968 and the Goa, Daman and Diu (Record of Rights and Register of Cultivators) Rules, 1969;

And whereas, a draft of the index of Lands prepared under sub-rule (1) of rule 6 of the said rules, has been published for being inspected by the persons interested in the lands in the village and for submission of objections to the entries made therein;

And whereas, an objection, as specified below, has been received from Shri............... to the entry made in respect of the land specified below:

Survey No. and Sub-Division Nature of the objections

or name of the Field

And whereas, it appears to me that you are interested in the entry in respect of the aforesaid land;

Now, therefore, I, ...................... Talathi of.....................Village, hereby call upon you to be present before the officer who will enquire into the aforesaid dispute on............. at............... and place before him your say in the matter. It should please be noted that if you fail to remain present the dispute will be decided in your absence.

Place:

Talathi of ………......

Date:

————

FORM 'VII'

[See Rule 7 (1)]

Public Notice

Whereas it has been decided by Government to introduce record of rights in the village.............. in............. Taluka............... District under the provisions of chapter VIII of the Goa, Daman and Diu Land Revenue Code, 1968 and the Goa, Daman and Diu (Record of Rights and Register of Cultivators) Rules, 1969;

And whereas, a corrected draft of the Index of Lands of the said village has been prepared under sub-rule (6) of rule 6 of the aforesaid Rules, after the disputes relating to the entries in the first draft of the Index of Lands were decided by (here mention designation of officer).................. and the said draft is kept at............. for inspection by all persons having interest in the lands in the said village on........... between the hours;

And whereas, the aforesaid draft of the Index of Lands will be finalised by (here mention designation of the officer) .............. on ................ at............... at................. after hearing appeals, if any, against the decisions given in the aforesaid disputed cases;

153

Manual of Goa Laws (Vol. II) - 980 - Land Revenue Code and Rules Now, therefore, I, Talathi of............... village hereby call upon all persons interested in the lands in the said village to inspect the corrected draft of Index of Lands. I further call upon those persons who may be aggrieved by the decisions in the disputed cases to give their appeal petitions against such decisions to me before.............. for being heard and decided by the aforesaid officer and to remain present before him at the aforesaid time. It should pleased be noted that if they fail to remain present, the appeals will be decided in their absence.

Place: Talathi of.................

Date:

FORM 'VIII'

∗ [Omitted] ————

FORM 'IX'

[See Rule 9 (1)]

Mutation register

Serial No. Nature of Name of the field or Survey Initial or remarks of entry rights acquired and Sub-Division by testing officers Nos. affected

1 2 3 4

________

+ FORM 'X'

[See Rule 10 (1)] Whereas an entry has been made in the register of mutation of the village ………... taluka …..…. regarding the acquisition of rights in land as specified below from the said village:-

Serial number Nature of rights Name of the field or survey number and of entry in acquired Sub-division number in which the

mutation register rights have been acquired

And whereas, it appears to me that you are interested in the said mutation entry; Now, therefore, you are hereby given notice of the said mutation entry and you are called upon to submit to me either orally or in writing within fifteen days from the day of receipt of the notice, your objection, if any, to the said mutation entry. Please note that if no objection is received by me within said period of fifteen days it shall presumed that you agree to the mutation entry. Place: Mamlatdar of..............

Date:

∗ Form VIII of the principal Rules is omitted by the Amendment Rules, 2010. + Form X of the principal Rules is substituted by the Amendment Rules, 2010.

154

Manual of Goa Laws (Vol. II) - 981 - Land Revenue Code and Rules ∗ [Omitted]

________

+ FORM 'XII'

[See Rule 11 (2)]

Notice

Whereas an entry has been made in the mutation register of village................. Taluka regarding acquisition of rights in lands as specified below from the said village:

Serial number Nature of rights Name of the field or survey number

of mutation entry and sub-division number affected

And whereas, it appears to me from the village record that you are interested in the said mutation entry;

Now, therefore, I, Mamlatdar-in-charge of the Taluka in which the aforesaid land is situated, hereby give a notice to you to remain present before me for placing before him your say about the said mutation entry or the dispute about it. Please also note that if you fail to remain present, it shall be presumed that you have nothing to say in the matter and the dispute about the mutation entry will be decided and the mutation entry certified in your absence. Place: Mamlatdar of ..........................

Date:

∗ Form XI of the principal Rules is omitted by the Amendment Rules, 2010. + Form XII of the principal Rules is omitted by the Amendment Rules, 2010.

155

Manual of Goa Laws (Vol. II) - 982 - Land Revenue Code and Rules

156

Manual of Goa Laws (Vol. II) - 983 - Land Revenue Code and Rules

157

Manual of Goa Laws (Vol. II) - 984 - Land Revenue Code and Rules

GOVERNMENT OF GOA

Directorate of Settlement and Land Records PANAJI - GOA

∗ FORM XV

(See Rule 14A )

Integrated Land Records Document

Plan showing plot situated at Village :

Taluka :

Survey No./Sub-division No. :

Scale :

Inspector of Survey & Land Records

Extract from FORM I

Name of The Field :

Tenure:

Cultivable Area: Sq. mts. Dry Crop :

Garden :

Rice :

Khajan :

Ker :

Morad :

Total Cultivable :

PLAN

Uncultivable Area (Pot-Kharab): Sq. mts. Class (a)

Class (b)

Total Uncultivable:

Total Area :

Name of the Occupant :

Name of the Tenant :

Other Rights:

(Name of person holding rights and nature of rights)

End of Report

(Page 1 to 1)

Computer generated by: Compared by: NOTE: In case of details in FORM I in respect of Date : occupant/tenant/other rights are more in number,

this FORM XV will be continued on further

pages i.e. page 2, page 3 and so on till the end of

report.

∗ Form XV inserted by Amendment Rules, 2010.

158

Manual of Goa Laws (Vol. II) - 985 - Land Revenue Code and Rules

Notification

RD/LRC/245/69-71/XVII In exercise of the powers conferred by sub-section (2) of Section 199 of the Land Revenue Code, 1968 (9 of 1969) and all other powers enabling him in that behalf the Lieutenant Governor of Goa, Daman and Diu is hereby pleased to make the following rules:-

RULES

1. Short title and commencement.— (1) These rules may be called the Goa, Daman and Diu Land Revenue (Inspection, Search and Supply of copies of Land Records) Rules,

1969.

(2) They shall come into force at once.

2. Inspection of Records.— All documents, maps, registers, accounts and records (hereinafter referred to as "records") shall with the permission of the officer in charge of the same, be open to inspection in his office during the usual office hours every day, except Sundays and public holidays; on payment of fees hereinafter prescribed.

3. Application for inspection.— (1) Any person desiring to inspect any records, shall himself or through his recognised agent present an application for such inspection to the officer in charge of such records stating therein the particulars about the records and the purpose for which the inspection is sought.

(2) On receipt of an application under sub-rule (1), the officer in charge of the records shall, grant the permission unless the application is rejected under sub-rule(3).

(3) If the Officer in charge of the records (not being a Talathi) considers that the records of which inspection is sought, are of a confidential nature or that the inspection would be prejudicial to public interests, he may record an order rejecting the application for inspection. And where a Talathi is in charge of such records, he shall refer the application for the orders of the Mamlatdar.

4. Fees for inspection.— The fees for inspection of records shall be pre-paid in cash in accordance with the rate as provided in the schedule hereto-

SCHEDULE

Category of records Fees

1) (a) Records in charge of an officer^*Rs.10/- for every hour of and above the rank of a Mamlatdar or a portion thereof.

2) (b) Records in charge of an officer^*Rs. 5/- for every hour below the rank of a Mamlatdar. or a portion thereof. * Substituted by the Goa Land Revenue (Inspection, Search and supply copies of Land Records) (Amendment) Rules, 1992 published in Official Gazette, Series I No. 15 dt. 9-7-92.

159

Manual of Goa Laws (Vol. II) - 986 - Land Revenue Code and Rules Provided that no fees for inspection shall be charged to Government Officers or other persons duly authorised in this behalf for Government purposes, or to an officer of the Municipal/Councils, Panchayat Samitis and Village Panchayats for the purposes of the respective institutions, or to officers of the Co-operative Societies for the business of the Society.

5. Inspection to be made under the directions of the officer.— The inspection shall be made at such time, in such place and in the presence of such official as the officer in charge of the records, may direct.

6. Inspection how to be made.— (1) No person who is permitted to inspect the records under these rules shall during such inspection use pen and ink or make any marks or alterations on the records inspected or extract any papers therefrom. He shall return the records so inspected in their original condition when the inspection is over. He may, during the inspection, himself or through his recognised agent, make in pencil a copy of the records or any portion thereof, the inspection of which is permitted; but a copy so made shall not be certified by any officer.

(2) Any person infringing this rule shall be deprived of the right of the inspection for such period as the officer in charge of the records may direct, and in addition, be punishable with such fine not exceeding two hundred rupees as the Collector, may after giving such person an opportunity to be heard, deem fit to impose.

7. Fees for search when to be charged.— When an application is made for an inspection or copy or any records and such application does not distinctively describe the number, date and nature of the records required, or if the description given in such application is incorrect, and it shall, in consequence be necessary for the officer in charge of the record to search his records in order to find the required records, a fee at the rate of * "Rupees twenty" for every day shall be payable in cash by the applicant in advance for such search whether the inspection or copy for which he applies, on examination of the said records by the said officer, be granted or not.

8. Supply of certified copies.— Certified extracts form or copies of the records specified in rule 2, shall be obtainable with the permission of the officer in charge of the records on payment of fees and additional fees for sealed off perimeter measurements hereinafter prescribed:

Provided that no copy shall be granted of any record, map or plan which has been printed or lithographed and published under the authority of the Government and is on sale.

Explanation.— For the purposes of this rule, printed matter not covered by the foregoing proviso shall be treated as matter copied.

9. Application for copies.— (1) Any person desiring to have copies, shall himself or through his recognised agent make an application to the officer in charge of the records stating therein the particulars of the records and the purpose for which copies thereof are required.

* Substituted by the Goa Land Revenue (Inspection, Search and supply copies of Land Records) (Amendment) Rules, 1992 published in Official Gazette, Series I No. 15 dt. 9-7-92.

160

Manual of Goa Laws (Vol. II) - 987 - Land Revenue Code and Rules

(2) On receipt of an application under sub-rule (1), the officer in charge of the records shall, grant the request unless it is rejected under sub-rule (3).

(3) If the officer in charge of the records (not being a Talathi) considers that the records of which a copy is applied for is of a confidential nature or that the supply of the copy would be prejudicial to the public interest, he may record an order rejecting the application. And where a Talathi is in charge of such records, he shall refer the application for the orders of the Mamlatdar.

10. Supply of true copies of certified copies.— Notwithstanding anything contained in rules 8 and 9, every officer in charge of a certified copy of any records shall on an application made to him by any person give to him a true copy of such certified copy of the record under his own signature on payment of the fees hereinafter prescribed. On every such copy it shall be clearly stated by such officer that it is true copy of the certified copy of the records.

11. Receipt to be endorsed on copy.— On every certified copy or extract or true copy of certified copies or extracts granted under theses rules there shall be endorsed by the officer who receives the fees for the same, a receipt in the following form:— Received Rs......................... Paise as fee for this certified copy. Dated:................... Signed

12. Fees for copies.— The fees for certified copies of records shall be pre-paid in cash in accordance with the rates as provided in the Schedules hereto:—

SCHEDULE A^* Sr.

No. Category of records Fees

1. Every certified copy of a serial number or entry in the Rs. 5/-. record of rights, register of mutations and from the registers, accounts and records other than maps maintained by a Talathi under Section 8 of the Code.

2. Every certified copy of an entry in the register of Rs. 5/-. property maintained by the City Survey Officer.

3. (i) Every certified copy of the tabular annewari Rs. 5/- statement of a village with the annewari decision worked out therein.

(ii) Every certified copy of the decision of the Collector or Mamlatdar not embodied in the statement of annewari.

4. Every certified copy of a map of a survey number or a Rs. 10.00 for every survey sub-division of a survey number or of any (uncoloured) number or sub-division of a * Present Schedule Substituted vide Goa Land Revenue (Inspection, Search and supply of copies of Land Records) (Amendment) Rules -1998 notified vide Notification No. 32/1/97-RD dated 2-11-98.

161

Manual of Goa Laws (Vol. II) - 988 - Land Revenue Code and Rules Sr.

No. Category of records Fees

map of any immovable property prepared under clause survey number subject to the

(a) of Section 101 of the Code. minimum of Rs. 20/-.

5. Every certified copy of a map of a survey number or of Rs. 20.00 for every survey a sub-division of a survey number or of any ordinary number or a sub-division of a (uncoloured) map or plan of any immovable property survey number. prepared under Section 56 of the Code.

6. Every certified copy of a map or plan of a non- Rs. 20.00 for every survey -agricultural survey number or a sub-division of such a number or a sub-division of a survey number or of an extract of city survey prepared survey number. u nder Section 65 of the Code.

7. For showing the scaled off perimeter measurements on any certified copy of the map of a survey number or sub-division of a survey number prepared under items 4, 5 & 6.

(i) if applied for at the time of measurement of the Rs. 5.00 survey number or sub-division of a survey number.

(ii) if applied for at any time thereafter. Rs. 10.00

,

8. Every certified copy of a map or plan or of any portion Such fee not exceeding of a map or plan not falling under items 4, 5 & 6. Rs. 150/- and not less than Rs. 20/- as the Officer who

certifies the copy shall

determine:

Provided that no fee exceeding

Rs. 50/- shall be charged by an

officer subordinate to a

Collector except with the

permission of the Director of

Settlement and Land Records.

9. For every certified copy of records not falling under items 1 to 8.

(i) for every sheet of paper 30x21 cms. in dimensions, Rs. 20/- for every sheet of hand written or typed with double spacing. paper or part thereof.

(ii) if such record be in tabular form. Twice the rate specified in (i) above.

10. For every true copy of a certified copy The same fee as for a certified copy.

11. For every authenticated translation of orders, and the reasons therefor, and of the exhibits in formal or summary enquiry's under the Code.

(i) for the first 100 words or fraction of 100 words. Rs. 20/-

(ii) for every subsequent 100 words of fraction of 100 Rs. 10/- words.

162

Manual of Goa Laws (Vol. II) - 989 - Land Revenue Code and Rules

12. Cost of paper and printed form.— In addition to the copying fees chargeable under rule 10, the applicant shall pay charges for paper, printed form, drawing paper, tracing paper or cloth, film, tracing paper used for purposes of copying, Ammonia paper, and liquid ammonia used for blue print copy and Photostat paper, Toner etc. used for Photostat copy at the rate from time to time fixed by the Government in that behalf.

13. Stamp duty or Court fee payable in addition.— Nothing in these rules shall affects the provisions of the Stamp Act, 1899 or the Court fees Act, 1870. The stamp duty or Court fees with which an application, copy or extract made or furnished under those rules may be chargeable is in addition to the fees prescribed under these rules. By order and in the name of the Administrator of Goa, Daman and Diu. Dr. J. C. Almeida, Secretary (Revenue).

Panaji, 16th February, 1971.

———— Notification

RD/LRC/245/69-71-XVIII In exercise of the powers conferred by sub-section (2) of section 199 of the Land Revenue Code, 1968 (9 of 1969) and all other powers enabling him in that behalf the Lieutenant Governor of Goa, Daman and Diu is hereby pleased to make the following rules.

RULES

1. Short title and commencement.— (1) These rules may be called the Goa, Daman and Diu Land Revenue of (Assessment and Settlement of Land Revenue of Agricultural Lands) Rules, 1969.

(2) They shall come into force at once.

2. Definitions.— In these rules, unless the context requires otherwise—

(a) "Chavdi" means a local village Panchayat office or other convenient and centrally located public place as the Collector may direct;

(b) "code" means the Goa, Daman and Diu Land Revenue Code, 1968;

(a) "Director" means the Director of Settlement and Land Records;

(b) "Section" means Section of the Goa, Daman and Diu Land Revenue Code, 1968;

3. Formation of zones.— For purposes of settlement of agricultural land in any part of the Union territory of Goa, Daman and Diu, the Director shall, with the approval of the Government, divide the lands under settlement into zones in accordance with the provisions of clause 41 of section 2.

163

Manual of Goa Laws (Vol. II) - 990 - Land Revenue Code and Rules

4. Formation of Groups.— In making settlement, the settlement officer shall, with the sanction of the Director, divide the lands in the zone constituted under rule 3 into groups having regard to the provisions of sub-section (2) of Section 69 and shall hold an enquiry in the manner prescribed in rule 5.

5. Enquiry by the Settlement Officer.— The Settlement Officer shall examine fully the past revenue history of the zone, the impact of development activities undertaken by the Government and assess the general effect of the incidence of assessment on the social and economic conditions of the people in the zone. He shall collect information relating to the zone in respect of the following manner.

(i) Physical Configuration: The Settlement Officer shall base the information on observations made by him personally;

(ii) Climate and rainfall: The Settlement Officer shall base the information as regards climate on personal observations made by him by making local enquiries in the zone. He shall collect statistics of rainfall for thirty years preceding the year in which the settlement enquiry is held from the Director of Agriculture and compile the same in Form 1. He shall also collect information regarding the seasonal conditions of the zone from the Director of Agriculture and verify it by reference to reports relating to the zone, if any, issued by Government.

(iii) Prices: The Settlement Officer shall obtain information about the wholesale prices per quintal and retail prices per kilogram of the principal crops which prevailed at each marketing centre in the zone for the last 10 years or such lesser number of years as the case may be, from the Director of Agriculture and compile it in Form 2. Where more varieties than one of any crops are grown, the prices of such varieties as may be specified by the Director shall be obtained:

Provided that in places where the Director of Agriculture is not able to furnish such information, such prices for agricultural produce at marketing centre used by the producers may be collected by local enquiry:

Provided further that if during the aforesaid period, the prices of crop had been controlled by the Government for any period then in respect of such crop prices shall be collected for the period during which the prices were not so controlled. The Settlement Officer shall thereupon work out the average of the wholesale prices so collected in respect of each marketing center and compile it in Form 3. The Settlement Officer shall thereafter calculate on the basis of information collected in Form 3, the average wholesale prices of the crops in respect of the villages in the group selected under clause (iv) and compile it in Form 4. The average price so determined shall be called the Settlement price for the group.

(iv) Yield of principal crops: For the purposes of this clause, the Settlement Officer shall, with the previous sanction of the Director, select such number of villages in the group as may not be less than 25 per cent of the total number of villages in the group.

164

Manual of Goa Laws (Vol. II) - 991 - Land Revenue Code and Rules In respect of the villages so selected the Settlement Officer shall collect from the Collector and the Director of Agriculture, the information regarding the result of crop cutting experiments recorded by them for the last ten years or for such lesser number of years, as the case may be. He shall also try to ascertain by crop cutting experiments or by examination of accounts of individual agriculturists, the normal yield per Hectare of the principal crops grown on each class of land not having extra advantages such as wells, alluvial deposits, and irrigation. He shall tabulate the information so collected in Form 5 and 6 in respect of each of the aforesaid villages showing the average yield per Hectare and therefore calculate the average yield per Hectare for all the selected villages which will be the average for the group. He shall then calculate the cash value of such average yield at the settlement price determined under clause (iii).

(v) Markets: The Settlement Officer shall base the information on personal observations made by him;

(vi) Communications: The Settlement Officer shall base the information on personal observations made by him;

(vii) Standard of husbandry: The Settlement Officer shall base the information on personal observations made by him;

(viii) Population and supply of labour: The Settlement Officer shall collect information about population according to occupation and supply of labour from the last census report and shall compile the information regarding population in Form 7. He shall also ascertain the conditions as regards supply of labour in each of the villages selected by him for purposes of clause (iv);

(ix) Agricultural resources: The Settlement Officer shall obtain information regarding figures of live stock, agricultural implements and other agricultural resources from the Mamlatdar and shall compile it in Form 8;

(x) Variations in the area of occupied and cultivated lands during the last thirty years: The Settlement Officer, shall obtain the information from the Mamlatdar and shall compile it in Form 9 and 10;

(xi) Wages: The Settlement Officer shall obtain the necessary information from the Mamlatdar and verify the information about wages current during the year of enquiry from personal observations. He shall compile the information in Form 11;

(xii) Ordinary expenses of cultivating principal crops, including the value of the labour in cultivating the land in term of wages: The information shall be collected on the basis of crop cutting experiments referred to in clause (iv) or by examining the accounts of individual agriculturists. The result shall be recorded in the form of a statement of income and expenditure showing the net profit per hectare.

6. Determination of average yield and fixation of standard rate.— On the basis of the information collected after enquiry under rule 5, the Settlement Officer shall first determine the average yield of crops of lands in each group and fix the standard rate of assessment for each group in accordance with the provisions in clause (32) of Section 2.

165

Manual of Goa Laws (Vol. II) - 992 - Land Revenue Code and Rules

7. Settlement report.— (1) The Settlement Officer shall incorporate the information collected by him in regard to the matters specified in rule 5 in his settlement report. The report shall contain the reasons for his proposals and a statement in Form 12 showing the effect of his proposals as compared to that of the settlement then in force.

(2) The Settlement Officer shall send three copies of the report submitted by him to the Collector under sub-section (5) of section 71 to the Director who shall arrange for its translation in Marathi and have it printed.

8. Report to be published in each village.— The settlement report shall be published by the Collector in each village concerned in Konkani, Marathi and English by posting it alongwith the notice in Form 13 as required by sub-section (2) of section (72) for three months in chavdi or other prominent public place in such village and also at the Taluka office.

9. Report to be forwarded to the Government.— After the expiry of the three months from the date of the notice published under sub-section (2) of section 72, the Collector shall (as soon as may be) forward the settlement report and the applications of objections, if any, received by him together with his remarks thereon^*[……] to the Government.

10. Notice of introduction of Settlement.— (1) The notice under Section 75 shall be in Form 14 and shall be published by the Collector in each village concerned in Konkani, Marathi and English by posting it in the chavdi or in the other prominent public place in such village and by beat of drum.

(2) Such notice shall also be published by the Government in the Official Gazette.

11. Assessment of individual survey numbers and sub-division.— (1) When standard rates of assessment have been sanctioned by the Government, the assessment to be imposed on each survey number or sub-division shall be determined according to the relative classification value of the land comprised therein, in accordance with the tables of calculations prepared by the Director.

(2) The assessment to be imposed on each survey number or sub-division after a revision settlement shall be worked out by increasing or decreasing the old assessment in the same proportion as there is an increase or decrease in the new standard rates over the existing maximum or standard rates in respect of such lands:

Provided that of the classification value of the land comprised in such survey number of sub-division is changed or there are other good and sufficient reasons, the assessment shall be calculated in accordance with the provisions of sub-rule (1). * The words "to the Director who shall send them with his own remarks" have been deleted by Amendment Rules, 1995 published in the Official Gazette, Series I No. 40 dated 4-1-1996.

166

Manual of Goa Laws (Vol. II) - 993 - Land Revenue Code and Rules

167

Manual of Goa Laws (Vol. II) - 994 - Land Revenue Code and Rules

168

Manual of Goa Laws (Vol. II) - 995 - Land Revenue Code and Rules

169

Manual of Goa Laws (Vol. II) - 996 - Land Revenue Code and Rules

170

Manual of Goa Laws (Vol. II) - 997 - Land Revenue Code and Rules

171

Manual of Goa Laws (Vol. II) - 998 - Land Revenue Code and Rules

172

Manual of Goa Laws (Vol. II) - 999 - Land Revenue Code and Rules

173

Manual of Goa Laws (Vol. II) - 1000 - Land Revenue Code and Rules

174

Manual of Goa Laws (Vol. II) - 1001 - Land Revenue Code and Rules

175

Manual of Goa Laws (Vol. II) - 1002 - Land Revenue Code and Rules

176

Manual of Goa Laws (Vol. II) - 1003 - Land Revenue Code and Rules

177

Manual of Goa Laws (Vol. II) - 1004 - Land Revenue Code and Rules

178

Manual of Goa Laws (Vol. II) - 1005 - Land Revenue Code and Rules

179

Manual of Goa Laws (Vol. II) - 1006 - Land Revenue Code and Rules

180

Manual of Goa Laws (Vol. II) - 1007 - Land Revenue Code and Rules

181

Manual of Goa Laws (Vol. II) - 1008 - Land Revenue Code and Rules

182

Manual of Goa Laws (Vol. II) - 1009 - Land Revenue Code and Rules

FORM '13'

(Rule 8) Notice under Section 72(2) of the Goa, Daman and Diu Land Revenue Code, 1968. Notice about the standard rates proposed by the Settlement Officer. It is hereby made known to the people of the under mentioned villages* of Taluka District that the revision of the assessment of the lands of the said villages* used for agriculture is about to be effected and that it is proposed to divide the said villages* into the following groups the existing and proposed standard rates in each group being as shown against it in the following list:-

Standard rates according to Standard rates proposed by revision

Name of villages in the existing settlement per acre settlement per acre group

Dry

crop Rice Garden Dry Rice Garden Warkas

Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P.

Group I

Group II

Group III

Reasons for alteration in the rates:

The result so far as the village of ……………. is concerned is that the assessment in the village is raised by…….. paise in the rupee.

lowered

A copy of the Settlement Officer's report together with its appendices is also posted along with Village chavdi

this notice in the O t h e r p u b l i c p la c e and at the Taluka office and is open to the inspection of any person interested.

Any person may submit to the Collector objections in writing to the proposals contained in the settlement report within three months from the date of this notice.

Dated :

Collector

———— FORM '14'

(Rule 10) Notice under Section 75 of the Goa, Daman and Diu Land Revenue Code, 1968. Whereas the Government of Goa, Daman and Diu has been pleased to sanction, under sub- -section (1) of section 73 of the Goa, Daman and Diu Land Revenue Code, 1968, the revised settlement of assessment of such lands as are now original.

183

Manual of Goa Laws (Vol. II) - 1010 - Land Revenue Code and Rules Actually used for the purposes of agriculture alone and of unoccupied cultivable lands (but excepting lands classed as pot kaharab) in the village below me n t io n e d v i l l a g e s of the Taluka notice is hereby given under Section 75 of the said Code that the said assessments calculated according to the standard rates as noted^below shall be levied from …………….. and

*in the accompanying Akarband

remain in force for a term of………. years from………… to……….….. Approximate increase, or

Class of land Standard rate decrease in the rupee of the existing assessment

Dry crop ……………………. Rs. P. Rs. P.

Rice ………………………….

Bagayat ……………………..

Others ……………………….

2. Government hereby reserves to itself the power to assess under section 80 any land to additional land revenue during the terms of this settlement for additional advantage ascruring to it from water received on account of the construction of new irrigation works of improvements in existing irrigation works completed after the Government directed the settlement under Section 68 but not effected by or at the expense of the holder of the land.

3. In addition to the assessment, a cess not exceeding such rates as may be allowed by law shall be levied for the purpose of providing funds for expenditure on objects of local public utility and improvement.

By order and in the name of the Administrator of Goa, Daman and Diu.

Dr. J. C. Almeida, Secretary (Revenue).

Panaji, 16th February, 1971.

(Published in the Official Gazette (Extraordinary) Series I, No. 48 dated 1-3-1971) * Substituted for the word below in original settlements and if the classification basis is altered at the time of revised settlement.

Omitted in the case of original settlement or when the classification basis is altered at the time of revised settlement.

184

Manual of Goa Laws (Vol. II) - 1011 - Land Revenue Code and Rules

GOVERNMENT OF GOA, DAMAN AND DIU

Revenue Department

—

Notification

RD/LND/Rules/333/70-71 In exercise of the powers conferred by sub-section (2) of section 199 of the Land Revenue Code, 1968 (9 of 1969) and all other powers enabling him in that behalf the Lieutenant Governor of Goa, Daman and Diu is hereby pleased to make the following rules:—

RULES

PART 1

General

1. Short title.— These rules may be called the Goa, Daman and Diu Land Revenue (Disposal of Government Lands) Rules, 1971.

2. Definitions.— In these rules, unless the context otherwise requires—

(a) "backward class" means a Scheduled Caste or a Schedule Tribe;

(b) "Co-operative Society of backward-class persons" means a society which is registered under the Maharashtra Co-operative Societies Act, 1960, as applied to the Union Territory of Goa, Daman and Diu where not less than 60 per cent. of its members belong to a backward class;

(c) "Code" means the Goa, Daman and Diu Land Revenue Code, 1968;

(d) "to cultivate personally" means to cultivate on one's own account (i) by one's own labour, or (ii) by the labour of any member of one's family, or (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;

(e) "economic holding" means—

i) 1 hectare of paddy land, or

ii) 1 hectare of land used for coconut garden, or

iii) 1 hectare of land used for arecanut garden,or

iv) 1 hectare of land used for cultivation of sugarcane, or

v) 1 hectare of land under perennial irrigation, or

vi) 2 hectares of any other land;

185

Manual of Goa Laws (Vol. II) - 1012 - Land Revenue Code and Rules

Explanation I:— "Where total land held by a person consists of two or more of the aforesaid six classes of lands, the area of economic holding shall be determined on the basis of 1 hectare of paddy land being equal to 1 hectare of land used for coconut garden or 1 hectare of land used for arecanut garden or 1 hectare of land used for cultivation of sugarcane, or1 hectare of land used under perennial irrigation or 2 hectares of any other land".

Explanation II:— "Irrigated" means irrigated by any irrigation work, whether constructed or maintained by the Government or not;

(f) "ex-serviceman" means a former member of the armed forces of the Union (not being a person who has ceased to be a member of the armed forces as a result of his being duly dismissed or discharged after a court martial or on account of bad character or as a result of desertion or who has not been attested);

(g) "freedom fighter" means a person who has been registered as such in the Home Department of the Government of Goa, Daman and Diu;

(h) "to hold land" means to hold land either as an occupant or as a tenant or as both;

(i) "landless person" means a person who does not hold any land for the purpose of agriculture and earns his livelihood principally as agricultural labourer;

(j) "resident" in relation to land means a person residing in a village in which the land is situated or a person residing in an adjoining village within a radius of eight kilometers from the land;

(k) "Scheduled Castes" means such castes, races or tribes or parts of or groups within such castes, races or tribes as are deemed to be Scheduled Castes in relation to the Union Territory of Goa, Daman and Diu under article 341 of the Constitution of India;

(l) "Scheduled Tribes" means such tribes or tribal communities or parts of, or groups within, such tribes or tribal communities as are deemed to be Scheduled Tribes in relation to the Union Territory of Goa, Daman and Diu under article 342 of the Constitution of India;

(m) "serving member of the armed forces" means a member of the armed forces of the Union, and includes a person who was such member at the time of the Chinese action in 1962 or the Indo-Pak conflict in 1965 and was killed or reported missing in such action or conflict:

Provided that if a question arises whether any person is a serving member of the armed forces of the Union or is ex-serviceman, such question shall be decided by the Government and its decision shall be final;

(n) "virgin land" means land which has not been under cultivation for a continuous period of three years immediately prior to its grant under these rules.

3. Propriety rights in unoccupied land not to be granted.— In all grants and disposals of land, the right of occupation and use only, subject to the provisions of the Code, shall be granted, and not the proprietary right of the Government in the soil itself.

4. Grant of land situated within port limit.— No land situated within the limits of any port to which the Indian Ports Act, 1908 is extended shall be granted without the written concurrence of the authority competent to grant such concurrence under that Act.

186

Manual of Goa Laws (Vol. II) - 1013 - Land Revenue Code and Rules

PART II

Grant of land for the promotion of educational, charitable, or public purposes

5. Power of Government to make revenue free grants.— (1) Except as provided in rules 6, 7 and 8 no land shall be granted free of occupancy price or free of land revenue or free of both without the sanction of the Government.

(2) Where any land is granted under sub-rule (1) with the sanction of the Government, the form of sanad to be issued by the Collector shall be such as may be specially determined by the Government in this behalf, regard being had to the nature or purpose for which the land is granted.

6. Power of Collector to make revenue free grants.— (1) Land may be given free of occupancy price and free of revenue, whether in perpetuity or for a term, for any of the purposes specified in column 1 of the Table below (from which no profit is expected), by the Collector, when the market value of the land as estimated by the Collector does not exceed the amount shown in column 2 hereof:

TABLE

Extent of estimated market Purpose value By the Collector

1 2

Rs.

(1) For sites for the construction (at the cost of the fund of any municipal 5,000 council or village panchayat, duly constituted under any law for the time being in force), of-

(a) schools or colleges,

(b) hospitals,

(c) dispensaries, and

(d) other public works

(2) For sites for the construction of any of the works referred to in clause 500

(1) at the cost of a fund other than the funds specified in that clause.

(3) For sites referred to in clause (2) when used in connection with any 2,500 scheme under the Community Development and National Extension Service, Local Development Works Programme or any other similar development works.

(4) For sites used or to be used as market yards under the management of 5,000 Market Committees established under the Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963 as applicable to the Union Territory of Goa, Daman and Diu:

187

Manual of Goa Laws (Vol. II) - 1014 - Land Revenue Code and Rules Provided that, land which in the opinion of the Collector is in the neighbourhood of a railway station shall not be granted for Dharmashalas under clause (2) in the Table, unless when erected they are to be in the charge of the municipal council, or village panchayat within whose jurisdiction the land is situated:

Provided further that, land shall not be given under this rule for any of the purposes mentioned in rule 7;

(2) Such grants shall ordinarily be made under a sanad in Form I.

7. Grant of land for play-grounds, gymnasiums, etc.— (1) Land may be leased at a nominal rent of one rupee a year for play-grounds or other recreational purposes to educational institutions or local authorities or for gymnasiums recognised by the Government for a term not exceeding fifteen years, by the Collector, when the market value of the land does not exceed Rs.1,000.

(2) Such leases shall ordinarily be executed in Form II; but the Collector may make such variations in the conditions of the lease or annex such additional conditions as he may deem necessary, regard being had to the facts and circumstances of each case.

8. Conditions for revenue free grants.— Every grant under rule 6 shall be made expressly on the following conditions in addition to any others that may be prescribed in particular cases, namely:—

(a) that the land with all fixtures and structures thereon shall be liable to be resumed by the Government if not used for the specific purpose or purposes for which it is granted by such date as the Collector may fix in this behalf; or if used for any purpose other than the specific purpose or purposes for which it is granted, or if the land or any portion thereof on which no fixture is made or no structure is erected is required by the Government for its own purpose or any public purpose, and that a declaration under the signature of the Collector that the land is so required shall, as between the grantee and the Government, be conclusive;

(b) that, if the land is at any time resumed by the Government under condition (a), the compensation payable therefor shall not exceed the amount if any paid to the Government for the grant.

9. Registration of Sanads.— Every sanad issued under rule 5 or rule 6 shall be registered in a register in Form XIX.

PART III

Disposal of land for agricultural purposes A. Disposal of allotable land

10. Grant of allotable land in occupancy rights.— Unoccupied land (not being land required for any Government or public purpose or reserved under rule 19) and land (already given temporarily for cultivation on an annual lease) hereinafter in this part referred to as "allotable land" may be granted under section 21 in occupancy rights in accordance with the rules in this part for agricultural purposes to any person, in the order of priority provided in rule 11.

188

Manual of Goa Laws (Vol. II) - 1015 - Land Revenue Code and Rules ^∗[10-A. The Collector may subject to other provisions in this part and subject to the general or special order of the Government dispose of unoccupied land in lease-hold rights under section 26 for agricultural purposes for any period not exceeding one year at a time.]

11. Priorities for purposes of grant of land.— (1) Subject to the provisions of sub- -rules (2) and (3) of this rule and rules 12 and 13, any allotable land may be granted to any person in any area in the following order of priority, that is to say,—

(i) an annual lessee (including a joint farming society or a farming society of such persons) lawfully holding land on lease from Government on the 31st day of March, 1971;

(ii) a serving member of the armed forces, and a freedom fighter, who agrees to cultivate land, personally;

(iii) an ex-servicemen who needs agricultural land for maintenance of his family and who agrees to cultivate land, personally;

(iv) a joint farming society (and where there is no such society, a farming society) of persons belonging to a backward class;

(v) a joint farming society (and where there is no such society, a farming society) of landless persons;

(vi) a member of any backward class who does not hold any land or who holds land less in area than an economic holding;

(vii) a landless person who agrees to cultivate land, personally;

(viii) a person who does not hold any land or holds land less in area than an economic holding and who agrees to cultivate land personally.

(2) Where the Collector has to select under sub-rule (1) one or more persons having the same order of priority preference shall be given to a person residing in the village in which the land is situated and if there are more than one such persons the selection shall be made by him by drawing lots.

(3) Where the Collector has to select under sub-rule (1), one or more person from members of the serving members of the armed forces or ex-servicemen, or freedom fighters, preference shall be given to those who were killed or wounded in action and who were decorated for gallantry.

12. Extent of land which may be granted.— (1) Subject to the provisions of sub- rules (2), (3) and (4) of this rule, the extent of allotable land which may be granted to any one person shall not exceed an economic holding.

(2) No allotable land shall be granted—

(a) to any individual— ∗ Inserted by Seventh Amendment Rules, 1978.

189

Manual of Goa Laws (Vol. II) - 1016 - Land Revenue Code and Rules

(i) who (not being a serving member of the armed forces or a freedom fighter, does not reside within a radius of eight kilometers of the village in which such land is situated, or

(ii) who holds land equal to or more than one economic holding;¹[or] ∗ [(iii) whose total gross annual income from all sources including that of his or her spouse and all dependent members of his or her family exceeds Rs. 6000/-; or

(iv) who was not born in the Union Territory of Goa, Daman and Diu or whose parents were not born in this Union Territory or who is not ordinarily a resident of this Union Territory for not less than fifteen years.]

(b) to a joint farming society or a farming society referred to in rule 11, if—

(i) the majority of its members do not reside within a radius of eight kilometers of the village in which the land is situated, or

(ii) any member thereof holds land equal to or more than one economic holdings:

Provided that, this condition may be relaxed in favour of a society if its total holding does not exceeding the area determined under sub-rule (4) of this rule by 2 hectares:

Provided further that, as between persons residing in the village where the allotable land is situated and persons residing outside such village but within a radius of eight kilometers thereof, preference in granting land may be given to residents of the village.

(3) While granting land, the Collector shall as far as possible ensure that the total land held by an individual after the grant of land does not exceed one economic holding.

(4) In the case of a joint farming society or a farming society referred to in rule 11, the extent of land which may be granted shall be determined by multiplying the number of members of the society by the area corresponding to one economic holding per each member of a society minus the area of the land already held by such members:

Provided that, any such society may, for the purpose of full and efficient use of the land for agriculture and its efficient management and for maintaining the integrity of any area in one or more compact blocks, be granted land in excess of the area so determined so however that, except with the previous sanction of the Government, the total area of the land so granted does not exceed twice the area determined as aforesaid.

13. Disposal of small pieces of land.— Where any piece of land is waste because of its small size or awkward shape or situation or it is less in extent than an economic holding, it shall be granted to the holder of land adjoining such piece of land:

Provided that, where there are two or more such holders, the selection for granting the piece shall be made in the order of priority specified in rule 11:

Provided further that, where there are two or more holders falling in the same category, the holders whose holding is the smallest in size shall be preferred; and where the holdings are equal in area, the allotment shall be made by drawing lots. ∗ Inserted by Second Amendment Rules, 1975, published in the Official Gazette Series I No. 1 dated 1-4-1976.

190

Manual of Goa Laws (Vol. II) - 1017 - Land Revenue Code and Rules

14. Payment of occupancy price.— (1) The occupancy price payable in respect of land granted under this part shall be-

(a) equal to the amount of compensation paid for its acquisition or the current market value, whichever is more, if such agricultural land was acquired for any purpose under the provisions of the Land Acquisition Act, 1894, but has not been used for such purpose;

(b) if the land is virgin land,-

(i) nil, if the grant is made to a co-operative society referred to in rule 11 or to an individual belonging to a backward class;

(ii) equal to the current market value, if the grant is made under rule 19 to a person whose land has been acquired for a public purpose on payment of compensation;

(iii) equal to one-fourth of the current market value, if the grant is made to a landless person.

(iv) equal to the current market value, in all other cases.

(c) in the case of any other land-

(i) equal to one-tenth of the current market value of the land, if the grant is made to any co-operative society referred to in rule 11;

(ii) one-fifth of the current market value of the land, if the grant is made to an individual belonging to a backward class;

(iii) equal to the current market value, if the grant is made under rule 19 to a person whose land has been acquired for a public purpose on payment of compensation;

(iv) equal to one half of the current market value, if the grant is made to a landless person;

(v) equal to the current market value, in all other cases.

(2) In addition to the occupancy price, the grantee shall be liable to pay such amount for the value of trees, if any, standing on the land as may be determined by the Collector in consultation with such forest officer as the Government may authorize in this behalf.

15. Terms and conditions of grant.— Every grant of land under this part shall be subject to the provisions of the Code and these rules; and in particular to the following conditions, that is to say-

(a) the grantee shall not mortgage, sell, assign or otherwise transfer the land or any portion thereof, except with the prior sanction of the Collector;

(b) the grantee shall bring the land under cultivation before the expiry of two years from the date of the grant;

(c) the grantee shall be liable to pay full assessment of the land:

191

Manual of Goa Laws (Vol. II) - 1018 - Land Revenue Code and Rules Provided that, in cases of virgin land, no assessment shall be charged—

(i) for a period of first five years from the date of the grant, if the grant is in favour of a co-operative society referred to in the rule 11, and

(ii) for a period of first three years from the date of the grant, in any other case:

Provided further that were land revenue of the land has not been assessed under Chapter VI of the Code, the land revenue payable for the land shall be fixed having regard to the land revenue payable in respect of similar category of land situated in the State of Maharashtra, the State of Mysore or the State of Gujarat as may be nearer to the land.

(d) the occupancy price, if any, payable by the grantee under rule 14 shall be paid in such annual installments not exceeding—

(i) twelve, if the grantee is a person belonging to a backward class, and

(ii) six, in any other case, as may be fixed by the Collector.

(e) if the grantee commits a breach of any of the conditions aforesaid, the Collector may resume and take possession of the land granted to him, and the grantee shall be liable to be evicted from the land;

(f) where a grantee is evicted from the land under condition (e), the amount of occupancy price, if any, paid by, or recovered from him, shall be refunded to him.

16. Disposal of resumed land.— Any land resumed under condition (e), in rule 15 may be disposed of in accordance with the provisions of rules in this Part.

17. Procedure for disposal of land.— In the disposal of land under this part, the following procedure shall be followed, that is to say,—

(1) The Collector shall select as many villages as possible which in his opinion are centrally situated villages, for the purpose of disposal of allottable land, and shall draw a detailed programme fixing the dates on which the applications will be received for the grant of land, the date on which the applications will be considered and the like. Such programme shall be given wide publicity by beat of drums in the villages concerned, requiring the villagers to send their applications to the Mamlatdar within the specified time, which shall not be less than one month from the date of the publication of such programme. A copy of such programme shall also be displayed in the village chavdi, if any, in the office of the Village Panchayat and in the office of the Mamlatdar. Intimation of the programme shall as far as possible also be given to persons who have already applied for the grant of land under disposal, and also to the officers of the Social Welfare Department and Co-operative Department in the district.

(2) Save as provided in sub-rule (3), every application for the grant of land shall be made to the Mamlatdar, and shall contain the following among other particulars, namely:-

(a) name of the applicant;

192

Manual of Goa Laws (Vol. II) - 1019 - Land Revenue Code and Rules

(b) whether the applicant is serving member of the armed forces, freedom fighter, ex-serviceman or a member of backward class;

(c) whether the applicant holds any land on annual lease, if so, the date from which he is holding such land and the extent of the land so held;

(d) extent of land already held by the applicant in addition to land held on annual lease.

In the case of a co-operative society, the application shall contain the aforesaid particulars in respect of each member thereof.

(3) A serving member of the armed forces or an ex-serviceman (or if he is dead or is unable to write for any reason, then his wife, major son, father, mother or brother in an undivided family), may make an application for grant of land for cultivation to the Collector. Such application shall be made through the Chairman, District Sailors, Soldiers and Airmen's Board having jurisdiction over the concerned districts.

(4) The Mamlatdar shall, after due inquiry forward the applications received by him to the Collector on the day fixed in the programme published under sub-rule (1). The Collector shall after verifying the report of the Mamlatdar (if any) and after making such inquiry as he deems fit, dispose of land in consultation with the representative of the village panchayat concerned and the officers of the Social Welfare Department and Co-operative Department in the district.

(5) When an application is made on behalf of a serving member of the armed forces or an ex-serviceman, as provided in sub-rule (3), the grant shall be made in the name of such serving member or, as the case may be, the ex-serviceman, unless he is dead.

(6) The Collector shall take from each grantee an agreement in Form III, and shall cause the grantee to be placed in possession of the land granted to him.

18. Relaxation of rules in certain cases.— Notwithstanding anything contained in the rules in this part, the Government may relax any of the provisions of the rules in this part for application to any special scheme sponsored by the Government itself, or undertaken at the instance of, or on behalf of the Central Government for the resettlement of landless agricultural labourers or to any special cases or class of cases in any area or tract in which such relaxation is in the opinion of the Government considered necessary, subject to such terms and conditions as it deems fit.

B. Grant of land to persons whose lands are acquired for public purposes

19. Grant of land to persons whose lands are acquired for public purposes.— (1) Subject to the orders of the Government, the Collector shall reserve unoccupied cultivable land for disposal to persons (being agriculturists) who, as a consequence of acquisition of their lands for any public purpose including irrigation and power projects, under any law for the time being in force, have been deprived thereof with the result that no land or landless than an economic holding is left with them.

193

Manual of Goa Laws (Vol. II) - 1020 - Land Revenue Code and Rules

(2) Any person referred to in sub-rule (1) may make an application for grant of land for cultivation to the Collector. On receipt of such application, the Collector may, on being satisfied after making such inquiries as he deems fit, grant the land reserved under sub- rule (1), to the applicant under section 21 in occupancy rights, in accordance with the provisions of rules 12, 14 and 15, but subject to the relaxation of the condition regarding residence within a radius of eight kilometers of the village where the land is situated.

(3) The Collector shall take from each such grantee an agreement in Form III, and shall cause the grantee to be placed in possession of the land granted to him.

(4) Until the lands reserved under sub-rule (1) are granted under sub-rule (2), the Collector shall dispose of such land on annual lease to landless cultivators according to the priority specified in rule 11 on such terms and conditions as the Government may by order, from time to time, direct.

C. Disposal of lands in river beds and salt marsh lands

20. Disposal of lands in beds of river.— (1) Land situated in the bed of a river and not included in a survey number shall, save as otherwise provided in sections 22 and 49, ordinarily be leased annually by auction to the highest bidder for a term of one year or such longer period as the Collector thinks fit. The accepted bid, that is to say the lease money, shall be deemed to be the land revenue chargeable on such land.

(2) Such land shall not be disposed of by the Collector in occupancy rights except with the sanction of the Government.

21. Grant of salt marsh land for reclamation.— (1) Salt land or land occasionally overflowed by salt-water which is not required or likely to be required for salt manufacture, or for any Government or public purpose or any purpose which in the opinion of the Collector is a special purpose may, subject to the orders of the Government, be leased for purpose of reclamation by the Collector on the following conditions and with such modifications in particular cases as may be deemed fit, that is to say:-

(a) no rent shall be charged for the first ten years;

(b) rent at the rate of 60 paise per hectare shall be levied for the next twenty years on the whole area leased, whether reclaimed or not;

(c) after the expiry of 30 years, the lease shall be continued in the case of reclaimed lands at the rate at which they would be assessed to land revenue from time to time if they were subjected to survey settlement; and in the case of unreclaimed lands, if any, at the average rate of the reclaimed lands;

(d) any portion of the land used for public roads shall be exempted from the payment of rent;

(e) if the reclamation is not carried out with due diligence within two years of the date of lease or if half the area is not reclaimed so as to be in a state fit for use for agricultural purposes at the end of ten years from such date and the whole at the end of twenty years from such date or if any land once reclaimed as aforesaid is not maintained in a state fit for use for agricultural purposes, the lease shall be liable to cancellation at the discretion of the Collector:

194

Manual of Goa Laws (Vol. II) - 1021 - Land Revenue Code and Rules Provided that, the lessee may, during the first ten years, relinquish any area which he cannot reclaim.

(2) Leases under this rule may generally be granted in Form IV.

22. Savings.— Notwithstanding anything contained in rules in this part, khajan lands and tank bed lands shall be disposed of by the Government under section 28, subject to such conditions as it may impose in each particular case.

PART IV

Grant of land for non-agricultural purposes A. General

23. Reserved building plots and their disposal.— (1) The Collector shall, with the approval of the Government, prepare a list of building plots in un-occupied lands in his district which in his opinion are likely to be valuable by reason of their proximity to a railway station, market or for any like reason or which in any scheme of development have been set aside as specially valuable or which may be required for any Government or public purpose or any purpose which in the opinion of the Government is a special purpose. Such list shall be called the list of Reserved Building Plots.

(2) The Collector may, with the approval of the Government, alter such list, according as the changing circumstance of any area in his jurisdiction may demand.

(3) Disposal of building plots in such list shall be subject to the previous sanction of the Government upon such terms and conditions as may be determined in each case by the Government.

24. Preparation of layout.— (1) Unoccupied land suitable for building sites or other non-agricultural purposes which is not reserved under rule 23 shall be laid out by the Collector in consultation with the Senior Town Planner, Town and Country Planning Department and the local authority concerned in suitable plots of adequate sizes, regard being had to the purpose and the locality in which the land is situated; and subject to the provisions of sub-rule (2) no plot shall ordinarily be disposed of except in accordance with the layout so prepared. Such layout may be modified from time to time by the Collector, in consultation with the Senior Town Planner, Town and Country Planning Department and the local authority concerned.

(2) Where the Collector for any special reasons to be recorded in writing proposes so to do, he may, after consultation with the Senior Town Planner, Town and Country Planning Department, and with the previous approval of the Government, dispose of any plot in any area for which no layout has been prepared.

B. Grant of land for residential use

25. Disposal of buildings sites.— (1) Except as otherwise provided in these rules, the occupancy rights in building sites shall be disposed of by the Collector under section 21 by public auction to the highest bidder (unless for reasons to be recorded in writing, the Collector thinks that in any particular case, there is good reason for granting the land without auction). The upset price for such public auction shall be equal to the occupancy price determined under sub-rule (3).

195

Manual of Goa Laws (Vol. II) - 1022 - Land Revenue Code and Rules

(2) Where a building site is to be disposed of without auction under sub-rule (1), the Collector shall dispose of the site in occupancy rights under section 21 on inalienable tenure with the sanction of the Government.

^∗[Provided that, notwithstanding anything contained in this rule, Government may grant permission to the allottee to mortgage, sell or transfer the allotted land in consideration of any loan which the allottee may obtain for the purpose of construction of a house on the plot allotted or for carrying out repairs of improvement of the house constructed on the plot allotted, from the Government or any financial institution or such other institutions as may be approved by the Government.]

(3) The Collector shall determine the occupancy price of the site, regard being had to the following factors, that is to say:-

(a) the sale prices of similar lands in the locality;

(b) the situation of the building site;

(c) the supply of and demand for similar lands; and

(d) factors which are taken into account in determining the value of land under the Land Acquisition Act, 1894.

26. Grant of land for housing schemes.— Building plots may be granted by the Government for various housing schemes undertaken by any housing board, local authority or co-operative housing society constituted under any law for the time being in force in occupancy rights under section 21 on inalienable and impartible tenure on payment of such concessional occupancy price as the Government may, from time to time fix, regard being had to the nature of the scheme, and in the case of co-operative housing society, to the income of the members thereof such income being ascertained after making such inquiries as the Government may think fit to make in this behalf.

27. Grant of land to freedom fighters, members of armed forces, mundkars and Government servants.— (1) Subject to the provisions of this rule, building sites of suitable sizes may, on receipt of an application in that behalf, be granted for residential use by the Collector, with the previous sanction of the Government to freedom fighters, serving members of the armed forces and ex-servicemen who are ordinarily residents in the Union Territory of Goa, Daman and Diu for not less than fifteen years, to persons who are Mundkars and who have been evicted from the site of their dwelling house and to Government servants of the Union Territory of Goa, Daman and Diu without auction in occupancy rights under section 21.

(2) Such grant may be made on inalienable tenure on payment of occupancy price which may be determined having regard to the factors specified in sub-rule (3) of rule 25, of the Collector, after necessary inquiries, is satisfied that these persons do not own any building plot or a building either in their own name,

or in the name of any member of their family or dependent anywhere in the Union Territory of Goa, Daman and Diu or outside it.

∗ Inserted by Amendment Rules, 1976 published in Official Gazette, Series-I No. 41 dated 6-1-1977.

196

Manual of Goa Laws (Vol. II) - 1023 - Land Revenue Code and Rules

(3) A serving member of the armed forces or an ex-servicemen (or if he is dead or is enable to write for any reason, then his wife, major son, father, mother or brother in an undivided family), may make an application for grant of land for residential use to the Collector. Such application shall be made through the Chairman, District Sailors, Soldiers and Airmen's Board, having jurisdiction over the concerned district.

28. Grant of land to backward class persons and landless persons.— (1) Building sites (of such size as the Government may by order from time to time determine) may, on receipt of an application made in that behalf, be granted by the Collector to persons belonging to backward classes and landless persons for whom special schemes for their resettlement are undertaken by Government, without auction in occupancy rights, under section 21.

(2) Such grant may made on inalienable and impartible tenure free of occupancy price, if the occupancy price of the building site does not exceed^♣[Rs.2000] and with the sanction of the Government, in other cases:

^∗[Provided that, notwithstanding anything contained in this rule or in the order of grant or in any agreement, the Collector may grant permission to the allottee to mortgage, sell or transfer the allotted land in consideration of any loan which the allottee may obtain for the purpose of construction of a house on the land allotted or for carrying out repairs or improvements of the house on the plot allotted, from the Government or any financial institution or such other institution as may be approved by the Government.]

29. Grant of plots in new village sites.— (1) Where the entire village site or a portion thereof is for any reason determined to be abandoned (herein called the old site), the Collector shall, in consultation with the village panchayat, select suitable Government land for the location of the new village site (herein called the new site). Where there is no suitable Government land, the Collector may acquire private land suitable for the purpose.

(2) The new site shall be laid out in suitable plots in the manner provided in rule 24 making adequate provision for roads, wells, schools, and other public purposes.

(3) Every occupant in the old site may be allotted a plot in the new site in accordance with the following conditions, namely:—

(a) The occupant shall surrender his plot in the old site to the Government.

(b) The occupant shall be allotted a plot in the new site equal in area of the plot which he surrenders to the Government, provided that, where the plot surrendered is less than the minimum standard area fixed under sub-rule (2) he shall be allotted a plot of the minimum standard area.

(c) No occupancy price shall be charged where plot allotted in the new site is equal in area of the surrendered plot. Where the area of the plot allotted in the new site is more than the area of the plot surrendered, the allottee shall pay occupancy price for the additional area at the market rate determined by the Collector. ♣ Substituted for "Rs.200/-" by Amendment Rules,1986.

∗ Inserted by Amendment Rules, 1976 published in Official Gazette Series-I No. 41 dated 6-1-1977.

197

Manual of Goa Laws (Vol. II) - 1024 - Land Revenue Code and Rules

(d) The occupant shall hold the plot in the new site on the same terms and with the same rights and subject to the same liabilities as apply to the tenure of the plot held by him in the old site.

An agreement in Form V shall be taken from each occupant before he is put in possession of the plot in the new site.

C. Grant of land for industrial and commercial purpose

30. Building sites may be granted by the Government for industrial or commercial purposes under section 28 on alienable and impartible tenure on payment of such occupancy price as may be fixed by the Government.— The grant shall be subject to the conditions under rule 39 and the following conditions, namely:—

(a) that except with the previous permission of the Government, neither the land shall be sub-divided nor the land or any sub-division thereof be disposed of;

(b) that the land shall not be disposed of except along with the constructions thereon and the factory plant and other installations, if any, and the land so disposed of shall not, except with the approval of the Government, be used for a purpose other than the purpose for which it was initially granted;

(c) that on disposal of the land along with the factory plant, structures and other installations by way of sale, the Government shall be entitled to half the unearned income, and where such land is sold without any constructions aforesaid, the Government shall be entitled to unearned income not exceeding 90 per cent as the Government may decide;

(d) that if the Government has reason to believe that any misrepresentation or concealment is made in regard to the sale price, the sale shall be voidable at the discretion of the Government.

Explanation:— For the purpose of this rule, unearned income means an amount equal to the difference between the price realised by way of sale and the occupancy price paid to Government at the time of the grant or as the case may be, the price at which the land was purchased immediately before such sale.

31. Concessional grants to co-operative institutions.— (1) Building sites may be granted by the Government on the recommendation of the Registrar of Co-operative Societies, to co-operative societies (excluding co-operative housing societies and co- -operative Central Banks) for the construction of office buildings, godowns, starting of factories for processing of agricultural produce and the like in occupancy rights under section 28.

(2) Such grant may be made on inalienable and impartible tenure on payment of occupancy price equal to 50 per cent of the market value of the land prevalent on the date of the grant which may be determined having regard to the factors specified in sub-rule

(3) of rule 25.

32. Grant of land for salt manufacture.— (1) Unalienated unoccupied land may be granted under section 26 in leasehold rights by the Collector subject to the previous

198

Manual of Goa Laws (Vol. II) - 1025 - Land Revenue Code and Rules sanction of the Government for a term of 25 years for manufacture of salt, on payment of rent equal to 5 per cent of the market value of the land or rupees 65 per hectare whichever is more, with option at the instance of the lessee for one renewal of the lease for a like period in favour of the lessee, subject to the payment of revised rent to be fixed by the Government, and such additional conditions as the Collector with the previous sanction of the Government may, having regard to the circumstances containing on the date of such renewal, deem fit to impose.

(2) The leasehold rights under this rule may be disposed of to a bona fide manufacturer of salt, but other things being equal, preference in the disposal shall be given to a co-operative society as against an individual, provided the society satisfies the Collector that it is technically capable of manufacturing salt, and that it has adequate financial capacity for the maximum utilisation of the salt land within a reasonable period.

(3) The grant of lease shall be subject to the provisions of the Code and the rules made thereunder, and to the following additional conditions, namely:—

(a) the land shall be liable to resumption, in case it is not used for the manufacture of salt or in case it is used for any purpose other than the manufacture of salt;

(b) the land shall be liable to resumption, wholly or in part, in case it is required for Government purposes, on payment of compensation for improvements, if any, made by the lessee, at original cost minus depreciation.

(4) An agreement in Form VI shall be executed by the lessee before he is put in possession of the land.

D. Grant of land in lease-hold rights for any non-agricultural purpose

33. Temporary leases.— Subject to the provisions of rule 35 and to any general or special orders of the Government, unoccupied land may be disposed of by the Collector in leasehold rights under section 26 by public auction for any non-agricultural purpose for a period not exceeding five years on such terms and conditions as he may annex to the grant.

* […]

34. Permanent leases for non-agricultural purposes and renewal thereof.— (1) Notwithstanding anything contained in the foregoing rules, unoccupied land may be disposed of by the Collector with the sanction of the Government in leasehold rights under section 26 for any non-agricultural purpose for such period not exceeding 99 years on such rent and on such other terms and conditions including condition regarding renewal as may be annexed to the lease.

* Proviso deleted by Seventh Amendment Rules, 1978. The deleted proviso, which was earlier inserted by first Amendment Rules, 1973 reads as follows:

"Provided that the Collector may, subject to the general or special order of the Government, dispose of unoccupied land in leasehold rights under section 26 for agricultural purposes for any period not exceeding one year at a time on such terms and conditions as he may annex to the grant".

199

Manual of Goa Laws (Vol. II) - 1026 - Land Revenue Code and Rules

(2) For the purposes of determining the market value of the land for fixing the revised rent at the time of renewal of the lease, the Collector shall take into consideration the factors specified in sub-rule (3) of rule 25, and where the market value exceeds rupees ten thousand, shall, consult the Senior Town Planner, Town and Country Planning Department.

E. Other Matter

35. Disposal of small strips of land.— When any small strip of land vesting in the Government adjacent to an occupied unalienated building site cannot reasonably be disposed of as a separate site, the Collector may notwithstanding anything to the contrary contained in any of these rules, grant such strip to the holder of such site on the same tenure on which he holds that site, if he agrees to pay—

(a) assessment or rent, as the case may be, for such strip of land at the same rate, if any, at which he pays assessment or rent for such site, and

(b) such price or premium as the Collector deems adequate having regard to the situation of such strip and any other advantages which are likely to accrue to the holder on account of its grant to him.

36. Aerial projection etc. over Government land.— (1) The Collector may permit the construction of steps, chabutras, takhtas, bridges across drains for access, a balcony or any other aerial projection over Government land on payment of an annual sum not exceeding 5 per cent of the value of the land used for such construction or below the balcony or other aerial projection, as the case may be, subject to a minimum of one rupee.

(2) The annual payment may be revised at intervals of not less than 15 years.

(3) A license in Form VII shall ordinarily be given for such purposes, subject to such additional conditions as the Collector may deem fit to impose, regard being had to the circumstances of each case.

37. Power of the Collector to permit laying of water mains, etc. in, over etc. Government land.— (1) The Collector may permit the laying of water mains, pipes, and underground cables and construction of cess-pools, through, on, over or underneath any Government land on payment of an annual sum not exceeding 5 per cent. of the market value of the land occupied for the purpose, subject to a minimum of one rupee, on such conditions as the Collector may, in consultation with the Principal Engineer, Public Works Department deem fit to impose.

(2) The Collector may permit the erection of poles, towers, stay rods or stay rails for overhead cables on Government land on payment of annual rent at the rate of 25 paise per pole and 50 paise per tower, stay rod or stay rail.

(3) The annual payment may be revised at intervals of not less than 15 years.

(4) An agreement in Form VIII shall be taken if the land is permitted to be used to lay water mains and pipes, in Form IX for laying underground cables, in Form X for the construction of a cess-pool, and in Form XI for the erection of poles, towers, stay rods, stay rails for overheads cables.

200

Manual of Goa Laws (Vol. II) - 1027 - Land Revenue Code and Rules

38. Grant of land for religious purposes.— No unoccupied land shall be granted for construction of temples, churches, synagogues, mosques, or for any other religious purpose nor permission under section 32 shall be granted for change of user of land for construction of such buildings in any occupied land except with the previous sanction of the Government.

39. Conditions of grant of land for non-agricultural purpose.— (1) Where unoccupied land is disposed of under section 21 for any non-agricultural purpose, it shall be used for the purpose for which it is granted, and be subject to such conditions as the Collector may annex to the grant in accordance with the provisions of these rules and to the payment of non-agricultural assessment as may be fixed by the Collector under the provisions of the Chapter VII of the Code and the rules made thereunder:

Provided that where non-agricultural assessment in respect of the land has not been fixed under the provisions of Chapter VII of the Code the grantee shall till such assessment is fixed be liable to pay such non-agricultural assessment as may be determined by the Collector, having regard to the provisions of sections 84, 85 and 86.

(2) Where the grants is of a building site, the Collector may annex the following additional conditions, that is to say,-

(1) The grantee shall level and clear the land sufficiently to render it suitable for the particular non-agricultural purpose for which the land is granted;

(2) The grantee shall not use the land and the building erected or to be erected thereon for any purpose other than the purpose for which it is granted without obtaining the permission of the Collector under the provisions of the Code and the rules made thereunder;

(3) The grantee shall within three years from the date of the grant, erect a building of a substantial and permanent description on the land;

(4) The grantee shall construct the structure in accordance with the plan approved and conditions prescribed by the local authority competent to approve the plan and prescribe such conditions or as the case may be the building bye-laws framed by the Town and Country Planning Department;

(5) Two-thirds of the area of the plot shall ordinarily be left open to the sky, and only one-half, if the land is, in the Collector's opinion, of a very high value, or buildings are likely to be inhabited by poor class of persons and in areas such as bazaars and central parts of the towns which are already densely built over. The decision of the Collector on the question whether any land is of high value, any building is likely to be inhabited by poor class of persons, or whether persons belong to poor class or whether any area is already densely built over shall be final;

(6) The grant shall be subject to the provisions of the Code and rules made thereunder;

(7) The grantee shall construct the structure after leaving such distance from the roads in non-urban areas as the Collector may from time to time prescribe, regard being had to the locality and situation of the land in such non-urban areas;

201

Manual of Goa Laws (Vol. II) - 1028 - Land Revenue Code and Rules

(8) Such other conditions as the Collector may under the orders of the Government impose.

40. Forms.— (1) Except as otherwise provided in these rules, when unoccupied land is granted for any non-agricultural purpose in occupancy rights under the provisions of this part, an agreement shall be taken in—

(a) Form XII, if the land is situated in non-urban area, and

(b) Form XIII, if the land is situated in an urban area.

(2) While taking an agreement in the forms prescribed in sub-rule (1), the Collector may, subject to the general or special orders of the Government, if any, annex such additional conditions or omit or vary such of the conditions in the agreement prescribed in Form XII or Form XIII as would be necessary, regard being had to the nature of the grant and the circumstances of the case.

(3) When unoccupied land is granted for any non-agricultural purpose in leasehold rights under the provisions of these rules, the lease shall be got executed in such form as the State Government may by order direct, regard being had to the situation of the land and the purpose for which the land is to be used.

Part V Grant of encroached land both for agricultural and non-agricultural purposes

41. Grant of lands encroached upon.— (1) Subject to the proviso to section 38 and sub-rule (2) of this rule, the Collector may, if the person making the encroachment so desires, grant the land encroached upon to the encroacher either in occupancy rights under section 20 read with section 21 or in leasehold rights under section 26 on the following among other conditions, that is to say-

(a) Conditions for grant of encroached lands in occupancy rights.—

(i) that the encroacher shall pay assessment for the entire period of encroachment and fine as required by sub section (2) of section 37;

(ii) that the encroacher shall pay such penal occupancy price not exceeding five times the value of the land, as the Collector may in his discretion fix, subject to the minimum of two and half times the ordinary occupancy price, if the encroacher does not belong to a backward class; and subject to rule 43, equal to the ordinary occupancy price if he belongs to a backward class;

(iii) that the land shall not be used for any purpose other than that for which it is granted without the permission of the Collector;

(iv) that the encroacher shall execute an agreement in Form XIV.

(b) Conditions for grant of encroached land in Lease-hold rights.—

(i) that the lease will be for a period of thirty years with retrospective effect from the date of the encroachment;

202

Manual of Goa Laws (Vol. II) - 1029 - Land Revenue Code and Rules

(ii) that the lessee shall agree in writing to pay annual rent at not less than 15 per cent and not more than 25 per cent of the occupancy price of the encroached land;

(iii) that the lessee shall agree to pay such fine for the unauthorised occupation of the encroached land, as the Collector may determine under sub-section (2) of section 37;

(iv) that the lessee shall agree to vacate the encroached land without compensation if the unauthorized structures are, in the opinion of the Collector, substantially altered during the currency of the lease;

(v) that the land shall not be used for any purpose other than that for which it is granted without the permission of the Collector;

(vi) that the lessee shall execute an agreement in Form XV.

(2) The Collector shall, before granting the land to the encroacher under this rule, obtain the sanction of the Government is cases where the market value of the land encroached upon as determined in accordance with the factors specified in sub-rule (3) of rule 25 exceeds five thousand rupees.

42. Permission for continuing certain encroachments on no claim basis.—

Encroachment of Government land in the nature of cess-pools and Chabutras, takhats, steps and like structures of small dimensions (being cess-pools and structures which do not cause public inconvenience) or overhanging balconies, roofs and other aerial projections (being projections which do not involve physical appropriation of site, cause no public inconvenience, do not interfere with the future development of the site and are otherwise not objectionable) may be permitted to be continued by the Collector on the encroacher executing a no claim agreement in Form XVI or Form XVII as the case may be on payment of a license fee equal to double the annual letting value of the land current in the locality from the date of the encroachment.

43. Grant of land encroached upon by backward classes for housing.—

Unoccupied land situated in non-urban areas unauthorizedly occupied for housing purposes by persons belonging to backward classes either individually or in groups, may be granted free of cost and assessment by the Collector to the persons so occupying such land after laying it out in suitable plots of such size as the Government may from time to time by order prescribe, so, however, that each encroacher and his family shall not be allotted more than one plot.

An agreement in Form XII appended to these rules shall be taken from each grantee.

PART VI

General

44. Disposal of forfeited land.— A holding forfeited for failure in payment of land revenue under section 46 may, unless the Collector finds that the land so forfeited is likely to be required immediately or within a reasonable time for any of the purposes specified in section 18, be disposed of by public auction to the highest bidder.

203

Manual of Goa Laws (Vol. II) - 1030 - Land Revenue Code and Rules

45. Auction how to be held.— Wherever it is provided in these rules that land shall be disposed of by public auction, the provisions of Chapter X of the Code and the rules made thereunder in so far as they relate to the holding and conducting sales, shall apply.

46. Certificate for grant of land.— Where any land is granted either in occupancy rights or in leasehold rights under the provisions of these rules, the Mamlatdar shall issue a certificate in Form XVIII appended to these rules.

————

FORM 'I'

(See Rule 6)

Form of Sanad for Revenue-Free Grants of land for Promotion of Education, Charitable or Public Purposes

To

A. B.

Whereas the Government have been pleased to grant revenue free to you, A.B. the possession of the below-mentioned piece of land situated in the village of ….in the Taluka of ….district for the purpose of …(namely)—

All that piece of land bounded on the North by …. on the South by…. on the East by ….. and on the West by ….. and measuring from North to South …. and from East to West…. comprising …. square in superficial area, be the same more or less, and bearing No….. in the Land Records. It is hereby declared that the said land shall be continued forever for a term of … year free of all claim on the part of the Government for rent of land revenue to whoever shall from time to time to be lawful holder or manager of the said …. on the condition that the said land shall in all respects be made ready for and shall be fully used for the purpose or purposes for which it was granted before the day of …. 19…; and that neither the said land nor any building erected thereupon shall at any time, without the express consent of the Government, be diverted either temporarily or permanently to any other than the aforesaid purpose or purposes, and that no change or modification shall be made of such purpose or purposes and that neither the said land nor any building erected thereon shall be so used as to yield a profit to the grantee, and that in the event of any such unauthorized diversion, change or modification being made, or in the event of the said land or any building erected thereon yielding a profit to the grantee, the said land shall thereupon, in addition to the assessment to which it becomes liable under section 51 of the Goa, Daman and Diu Land Revenue Code, 1968 become liable to such fine as may be fixed in this behalf by the Collector under the provisions of section 33 of the said Code, or other corresponding law for the time being in force relating to the recovery of land revenue, as if the land, having been assessed for purposes of agriculture only, has been unauthorisedly used for any purpose unconnected with agriculture; and in any such event as aforesaid, or in the event of failure to make the land ready for, and to use it fully for, the purpose or purposes for which it is granted before the aforesaid day of ….. 19… or in the event of the land or any portion thereof on which no fixture is made or on structure is erected. Being required by the Government for its own purpose or for any public purpose, a declaration in respect of which under the signature of the Collector that it is so required shall, as between the said holder or manager and the Government, be conclusive, and in the event of the land being so required, it shall be lawful for the Government on causing 6 month's previous notice in writing to be given to the said holder or manager, to take one of the two following courses, namely, either,-

204

Manual of Goa Laws (Vol. II) - 1031 - Land Revenue Code and Rules

(1) to require that the said land be vacated and delivered up to the Government free of all claims or encumbrances of any person whatsoever, or

(2) to resume and take possession of the said land, free of all claims and incumbrances of any person whatsoever, on payment of compensation not exceeding the amount (if any) paid to the Government for this grant.

This grant is made subject to the reservation of the right of the Government to all mines and mineral products and quarries and of full liberty of access for the purpose of working quarrying and searching for the same, with all reasonable conveniences as provided by the Code. This sanad is executed on behalf of the President of India by the Collector of…….…. this day of……… 19….

(Signed)…………………………

Collector

Seal

————

FORM 'II'

[See Rule 7(2)]

Form of Lease of Land Granted to Educational Institutions or Local Authorities and for Gymnasiums to be used as a Playground/Gymnasium or for other Recreational Purposes

THE PRESIDENT OF INDIA

To

This is to certify that……… of………………… (hereinafter called "the lessee") has, subject to the provisions of the Goa, Daman and Diu Land Revenue Code, 1968 (Act IX of 1969), and the rules made thereunder and subject to the conditions hereinafter specified, been allowed by the Collector of . . . . . . . . . (hereinafter called "the Collector") on behalf of the President of India (hereinafter referred to as "Government"), to occupy

for the purposes of a^Playground and/or^*

Gymnasium

for a period of. . . . … . . years commencing on the day of . . . . . . . . . . 19...... (hereinafter called

"the said term") a plot of land situated in village/town/city of taluka……….., district………….. bounded on the North by........... , on the South............ , on the West by……. and on the East by......... bearing C.T. S. No./Survey No……….. and measuring about sq. meters hectares and of the following shape and of the following dimensions as shown in the map hereto annexed:— The conditions of this lease are as follows:—

1. The lessee shall pay to the Government for the said plot of land on the 1st day of August every year in advance the annual rent of rupee one.

2. The lessee shall not erect any structure upon the said plot of land, save with the previous permission in writing of the Collector.

3. The lessee shall not use the said plot of land except for the purpose of a playground and/or gymnasium.

* Here specify the other recreational purpose.

205

Manual of Goa Laws (Vol. II) - 1032 - Land Revenue Code and Rules

4. The said plot of land and all structures thereon shall be subject to municipal taxation and to any taxation on for local purposes which is or may hereafter be imposed and shall also be subject to any assessment, tax, cess or any other dues which may be levied in respect of the said plot of land or any of the structures thereon, under any other law for the time being in force. + 5 In the event of the lessee's $ ceasing to be recognised by the Educational Department of Government/Government the lease shall be deemed to have terminated.

6. The lessee shall permit the Government Officers authorised in this behalf by the Collector at all reasonable times to enter upon and inspect any part of the said plot of land.

7. The lessee shall not sublet or in any other way encumber the said plot of land or any portion thereof.

8. If, in the opinion of the Collector, the land is required for the purposes of Government or any local authority, the Collector may at any time terminate, this lease by giving to the lessee one calendar month's notice in writing in that behalf.

9. In the event of the lease being terminated under any of these conditions, the lessee, shall not be entitled to claim any compensation on account of the termination of the lease. The lessee shall, if the lease is terminated under condition 8, before the expiry of the period of the notice given under that clause, and in other cases, within such period as the Collector may fix, remove any structure of structures standing on the said plot of land at his own expense, and on the expiry of the said period, shall deliver possession of the said plot of land to the Collector in the same condition in which it was at the commencement of the tenancy.

10. The lessee shall at the expiration of the said term deliver quiet and peaceful possession of the said plot of land to the Collector in the same condition in which he took it, unless the lease is renewed for a further term upon such conditions as the Collector thinks fit.

11. Failure to comply with any of the above conditions of the lease or with any provisions of the Goa, Daman and Diu Land Revenue Code, 1968 or of the rules thereunder shall render this lease liable to cancellation by the Collector, who may thereupon resume the said plot of land , and summarily evict the lessee without notice or payment notice or payment of any compensation whatever, or may, in lieu of such resumption, order the removal, within a period fixed by him, of any structure erected thereon contrary to condition 2 of this lease, and on such removal not being carried out within the said period may cause the same to be carried out at the expense of the lessee; and it shall be in the sole discretion of the Collector, subject to the orders of the Government, to adopt either one or other of the above remedies as may be seen desirable to him, under the circumstances. It shall also be lawful for the Collector in the case of breach of conditions 3 to levy full rent and fine which may extend to forty times the non-agricultural assessment in respect of the land.

12. In this lease, the words "the lessee" includes the lessee, his heirs, successors, legal representatives and permitted assigns and the word "Collector" includes the Collector of the District for the time being and any other officer whom Government may appoint to exercise the powers of the Collector under this lease.

+ To be inserted in case of an Educational Institution or Gymnasium. $ Name of the Educational Institution or Gymnasium, as the case may be to be inserted.

206

Manual of Goa Laws (Vol. II) - 1033 - Land Revenue Code and Rules This lease is executed on behalf of the President of India by and under the hand and seal of the Collector of the . . . . . . . . . . . . . District, this.......... day of......... one thousand nine hundred and................. A.D.

Seal (Signed)…………………….

Collector

In the presence of:-

(1)

(2)

Accepted by me Annexure: Map. ————

FORM 'III'

(See Rules 17 and 19)

Form of Agreement to be executed by persons to whom Land is granted in Occupancy Right under Rule 17 or Rule 19 of the Goa, Daman and Diu Land Revenue (Disposal of Government Land) Rules, 1970

To the Mamlatdar of I, A.B.,^*inhabitant of....................... in the....................... taluka in the................... district, hereby accept the right of occupation of the land comprised in survey No.............. in the village of............................. in the...................... Taluka..................... District; and I pray, that my name be entered in Government records as the occupant of the said land.

The said land has been granted to me in perpetuity from the..................day of............... of 19........., subject to the conditions hereinbelow mentioned and to the provisions of the Goa, Daman and Diu Land Revenue Code, 1968 and of the rules in force thereunder;

And I undertake to pay the land revenue from time to time lawfully due in respect of the said land (or I undertake, in the event of the Government discontinuing the exemption of the said land from payment of the land revenue, to pay such land revenue in respect of the said land as may be lawfully imposed thereon under the orders of the Government or as the case may be otherwise). The said land has been granted to me, subject also to the further conditions to which I hereby agree, namely:—

(1) I, my heirs, assigns and legal representatives shall,—

(a) not mortgage, sell, assign or otherwise transfer the land or any portion thereof except with the previous sanction of the Collector;

(b) bring the land under cultivation before the expiry of two years from the date of the grant; * Here write description of grantee in terms of Rule-20.

207

Manual of Goa Laws (Vol. II) - 1034 - Land Revenue Code and Rules

(c) pay Rs....... as occupancy price in.............. installments, each installment being payable on or before..................;

(2) if I commit a breach of any of the aforesaid conditions, the Collector may resume and take possession of the land granted to me, and I shall be liable to be evicted from the said land;

(3) in the event of my eviction from the land under condition (2), the amount of occupancy price, if any, paid by or recovered from me shall be refunded to me. Dated the …………………….. day of ……………….. 19….. at……………….written by

……………… (signed) A.B.

We declare that A.B. who has signed this agreement is to our personal knowledge the person he represents himself to be and that he has affixed his signature hereto in our presence. (signed)……………………..

(signed)……………………..

I declare that, to the best of my knowledge and from the best information I have been able after careful enquiry to obtain, the person who has executed this agreement is a fit person to be accepted by the Government as responsible for the punctual payment of the land revenue from time to time due on the above land.

(signed)……………………..

Talathi

————

FORM 'IV'

(See Rule 21)

RECLAMATION LEASE

THIS INDENTURE MADE THE ...................... day of ....................... 19......... BETWEEN THE PRESIDENT OF INDIA (hereinafter called the Lessor) of the one part, and ……. Inhabitant of ……. (hereinafter called the Lessee) of the other part WITNESSETH that the Lessor does hereby lease unto the lessee all the Salt Marsh Lands situated in the village of...............in the.......... district of............... and in the............ taluka.................. the survey numbers, area and boundaries of which are set forth in Schedule. 'A' hereunder written which said Lands were late in the occupation of ................ and are now in the occupation of ..................... and are delineated in the plan attached hereto and signed by the Collector of ................ (hereinafter referred to as the Collector) TO HOLD the said lands unto the lessee for the term of.............. years commencing on the…….. day of …….19……., paying during the said term unto the lessor for the said lands (save such portion as may be appropriated for public roads which portion shall be exempted from such payment) the yearly rents following, that is to say, for the first ten years of the said term, no rent, and for the next 20 years, viz., commencing on the..........day of............19...., and ending on the............. day........... 19......., a yearly sum equal to sixty paise per hectare in such installments on such rates and to such person as may be, from time to time, prescribed and designated by the Collector and for such period if any as shall intervene between the............

day.............of..........19..........and the date of the first settlement of assessment hereinafter provided for the yearly sum hereinbefore lastly reserved payable in the manner hereinbefore mentioned

208

Manual of Goa Laws (Vol. II) - 1035 - Land Revenue Code and Rules AND from and after the first settlement of assessment hereinafter provided for such sum of land revenue as under the laws of rules having the force of law for the time being in force in respect of lands held under the Government by ordinary occupants shall from time to time be found to be payable AND the lessee hereby convenants and agrees with the Lessor in manner following, that is to say, FIRST that the lessee shall at his own expense and with due diligence completely reclaim the lands hereby leased so as to be in a state fit for use for agricultural purposes AND shall so reclaim at least one half of the said lands within ten years and whole, thereof within twenty years commencing of the............ day of..............19.........., respectively; and shall maintain such reclaimed land during the residue of the term hereby granted AND shall not, until the whole of the said lands shall have completely reclaimed and rendered cultivable, assign or underlet the said lands or any portion thereof or charge or receive any tax or fee for cattle grazing upon any portion thereof without the previous consent in writing of the Collector, AND that, the lessee shall not at any time partition, bequeath, alienate, mortgage or otherwise charge or encumber or allow to be cultivated, used or occupied by any other persons, any portion of the said land less than the area hereby fixed by the Collector as an economic holding in respect of the said lands nor shall any such portion of the said land be liable to seizure, sequestration, attachment, sale or partition by process of a court. PROVIDED that, if any Government Officer duly empowered in this behalf by the Government shall certify in writing that any portion of the said lands in unreclaimable, such portion shall be excluded from the operation of the convenants hereinbefore contained. Provided further that, the lessee shall be at liberty during the first ten years to relinquish any portion of the said lands which he cannot reclaim, and such portion shall thereupon be excluded from the operation of the covenants herein contained, SECOND that, the lessee shall at his own expense (a) keep open the several roads mentioned and described in Schedule B hereunder written and delineated in the plan hereunto annexed (b) provide and keep in good order to the satisfaction of the Collector such waterways in and along the lands hereby leased as may from time to time be required by the Collector, (c) erect new boundary-marks upon the said lands as may from time to time be required by the Collector and maintain and keep in good repair to the satisfaction of the Collector and all such new boundary marks as well as all these at present existing thereon, THIRD that, the said lessee shall pay the rents hereinbefore respectively reserved at the times and in the manner hereinbefore provided for payment of the same respectively and that whenever any installment of the said rents respectively shall be in arrear, it shall be recoverable from the lessee as an arrear of land revenue under the provisions of the law for the time being in force in that behalf; AND the Lessee shall also pay all rates, taxes and other outgoings (if any) which shall at any time during the continuance of this lease be payable in respect of the said land or any part thereof, FOURTH that on and after the.............. day of .......... 19........., the lands hereby leased shall be liable to be from time to time surveyed and assessed to land revenue under the laws or rules having the force of law for the time being in force in respect of lands held under the Government by ordinary occupants and thence forward during the residue of the term hereby granted, the Lessee shall hold the said lands subject to all the provisions of such laws and rules and subject also to such of the convenants and provisions of his lease as shall be capable of continuing effect PROVIDED ALWAYS AND IT IS HEREBY AGREED that, if and whenever there shall be a breach by the Lessee of any covenant, conditions or provision herein contained, the Lessor may re-enter upon the said lands or upon part thereof in the name of the whole, and thereupon, this lease shall determine AND that in case default shall be made in reclaiming the half or the whole of the land within the periods respectively hereinbefore prescribed in that behalf, the Lessor may re- enter upon the said lands and determine this lease under the power in that behalf hereinbefore

209

Manual of Goa Laws (Vol. II) - 1036 - Land Revenue Code and Rules contained, AND that, if in the opinion of the Collector (Whose decision shall be final) the reclamation is not carried on with due diligence during the two years ending on the day of ............. 19........, the Lessor may on or after the said day re-enter upon the said lands and determine this lease under the power in that behalf hereinbefore contained, AND that, the right of the said lessor to all mines and mineral products and of full liberty of access for the purpose of working and searching for the same with all reasonable convenience shall be reserved. AND IT IS LASTLY AGREED that the word "lessor" in this Lease shall mean the Lessor and his Successors and Assigns and the word "Lessee" shall mean the "Lessee" and his legal representatives. IN WITNESS WHEREOF.

COLLECTOR of........., has, hereunto set his hand and affixed his official seal on behalf of the President of India, and the Lessee has hereunto set his hand the day and year first above written.

Schedule A Above Referred to:

Schedule B Above Referred to:

Signed by the abovenamed in the presence of Signed by the abovenamed in the presence of Plans to be attached in terms of the lease. (Seal of the Collector)

————

FORM 'V'

(See Rule 29)

Form of Agreement for Exchange to be Executed by Villagers Removing to a New Village-site

Agreement executed the.............. day of..........19...... by A.B. resident of………….. in the ............. talukas

Whereas the Government have been pleased to sanction a change being made in the position of the site of the village in the taluka…………………................……. district and in pursuance of such sanction, the following plot of ground has been allotted to me in the new site in exchange for the plot held by me in the old site, namely the piece of land bounded as follows that is to say in the North by.................., on the South by..........., on the East by............., on the West by........, measuring………. meters in length from North to South………., and meters in length from East to West and comprising about............. square meters...............in superficial areas and bearing No............ in the Land Records.

210

Manual of Goa Laws (Vol. II) - 1037 - Land Revenue Code and Rules I do hereby agree, in consideration of the allottment to me of the new plot of land aforesaid, as follows, namely:—

(1) That all my right, title and interest in any land whatsoever, situated within the old site of the said village, shall be deemed to be and is hereby surrendered to the Government together with the trees standing therein and all rights over or other benefits arising out of or enjoyed by me in respect of the said land;

(2) That if the area of the plot allotted to me in the new site is in excess of the plot surrendered by me. I shall pay occupancy price for the additional area at the rate of Rs......... per sq. metre.

(3) That I shall hold the piece of land aforesaid in the new site from the date of this agreement on the same terms and with the same rights and subject to the same liabilities as would apply hereto me tenure of the plot held by me in the old site, if I continued to be the holder thereof. In witness whereof I have hereto set my hand the day and year aforesaid . Written by (Signed) A.B.

Signed and delivered by in our presence.

————

FORM 'VI'

[See Rule 32 (4)] This INDENTURE made this..................... day of the month of................. year............ in the.............. year of the Republic of India between the President of India (hereinafter called the lessor which expression where the context so admits shall include his successors in office, and assigns) of the one part and¹................ (name of the person) of .............. (address and occupation) (hereinafter referred to as "the lessee" which expression shall where the context so admits be deemed to include his heirs, executors, administrators, representatives and permitted assigns)² and³..................... (name of person) of..................... (address and occupation) and................. (name of person) of.................. (address and occupation) (hereinafter referred to as "the lessee" which expression shall where the context so admits be deemed to include their respective heirs, executors, administrators, representatives and their permitted assigns)²and³.............. (name of person) of...................... (address) and................. (name of person) of.................. (address), all carrying on business in partnership at.................. (address of the firm or syndicate) under the name and style of................. (name of the firm or a syndicate registered under.................. (Act under which registered) (hereinafter referred to as "the lessees" which expression shall where the context so admits be deemed to include all the partners of the said firm or members of the said syndicate, their representatives, heirs, executors, administrators and permitted assigns)³and⁴................ (name of the company) a company registered under..................... (Act under which incorporated) and having its registered office at...................(address) (hereinafter referred to as "the lessee"

which expression shall where the context so admits be deemed to include its successors and permitted assigns and⁵.................. (name of the Society) of............... (address of the society), a

1 When the lessee is an individual.

2 When the lessees are more than one individual.

3 When the lessee is a registered firm or syndicate.

4 When the lessee is a registered company.

5 When the lessee is a co-operative society.

211

Manual of Goa Laws (Vol. II) - 1038 - Land Revenue Code and Rules co-operative society registered or deemed to be registered under the Maharashtra Co-operative Societies Act, 1960 as extended to the Union Territory of Goa, Daman and Diu (hereinafter referred to as "the lessee" which expression where the context so admits be deemed to include its administrators and legal representatives and permitted assigns) of the other part. Witness.— That in consideration of the rents and royalties covenants and agreements by and in these presents reserved and contained and on the part of the lessee/s to be paid, observed and performed, lessor both hereby demise unto lessee/s the land measuring about.......... situated at...........taluka of................ in the.............. district............... as described and delineated in the plan hereto annexed, and therein surrounded by red boundary lines (hereinafter called the "said lands"

to hold for a period of 25 (twenty five) years commencing on........... and ending on...................for the purposes and subject to the terms and conditions set forth below, namely:—

1. (a) The lessee/s shall utilise the said lands exclusively for the manufacture, storage and sale of salt and its by-products, and for the words connected therewith, and shall not utilise it for any other purpose.

Explanation:— Erection of residential quarters for the employees of the lessee/s shall not be treated as a purpose other than one connected with the works aforesaid.

(b) If the said land is not used for the purpose for which it is granted for 3 consecutive years, the lessor may resume the said land without payment of any compensation.

(c) The lessee/s shall obtain from the Salt Commissioner, Government of India, New Delhi, the requisite licence for manufacture of salt under the Central Excise Rules, 1944 before starting the manufacture on any salt and shall not manufacture any salt without such a license. If the lessee/s manufactures salt without such a license, the lease is liable to be terminated and land resumed by the Government without payment of any compensation.

2. The lessor may, on the expiry of the period of......................... years of this lease, extend the same for such further period and on such terms and conditions as may then be agreed to between the parties.

3. The lessor or the lessee/s shall be at liberty to determine the lease on giving notice, such notice being given at the close of the salt manufacturing season and shall have effect at once, but six months from the date of notice will be allowed for the removal of the salt belonging to the lessee/s. All salt not removed within that period shall be forfeited to the lessor, provided that, the lessor shall not be entitled to determine the lease as aforesaid for any reason except that such determination becomes necessary as a result of Government embarking upon a policy of nationalisation or for the reason described in clauses 1 and 19 of this lease.

4. On the expiry of the lease, or the determination of this lease if it is determined before its expiry in accordance with the terms of this lease, the lessee/s shall leave the said lands in such order as is consistent with the due performance of this lease with all works erected or made thereon as they are, provided that any machinery erected by him/them may be removed. The lessee/s shall be entitled to such compensation for the expenditure that he/they may have incurred in respect of the works or the fair value thereof on the date of termination of this lease whichever is less, as may be determined by the Salt Commissioner for India in case the lease is terminated before the expiry of the terms as a result of Government embarking on the policy of nationalisation. Provided always that, if the lease is cancelled for the reasons described in clauses 1 to 19 of this lease, no compensation of any kind shall be payable to the lessee/s. In other cases, rules 112, and 114 of the Central Excise Rules, 1944 will apply with regard to payment of compensation to the licensees.

212

Manual of Goa Laws (Vol. II) - 1039 - Land Revenue Code and Rules

5. The lessor reserves to himself the right to any quarries, mines, veins, and beds of coal, lead, stone, flag or other minerals in or on the said land with liberty to himself and his employees to enter and search for such minerals and to dig and carry them away doing as little damage to the lessee's works and interfering as little with their works as possible. The lessor further reserves to himself the right to levy a royalty on the quantity of furnished by-products at the time of removal from the said lands if the Government so direct and at such rate as the Government may decide.

6. The lessee/s shall as from................ during the subsistence of the lease pay yearly rent at the rate of Rs.............. (Rupees..........................) of the said lease. He/They shall pay in addition such sum to Salt Department if required by that Department.

7. The lessee/s shall duly observe the terms and conditions of the license referred to in clause 1

(c) above or any statutory modification thereof which the Government of India may in their discretion make. In case of withdrawal or cancellation of such license by the Government of India for any reason, this lease shall automatically become inoperative, until such license is renewed or restored to the lessee/s.

8. The lessee/s shall carry out and maintain at all times at their own cost to the satisfaction of the officer authorised in that behalf by the salt commissioner, quarters of Government Officers and establishments, as may be considered necessary by the said Officer.

9. The lessee/s shall, to the satisfaction of the authorised officer, carry out at their own cost all the necessary works changes and repairs connected with the manufacture of salt.

10. Except with the written consent of the lessor previously obtained, the lessee/s shall not assign, underlet or part with the possession of the said lands or any portion thereof and shall not transfer by way of sale, gift or otherwise the powers hereby granted to or interest vested in him/them, provided that, nothing herein contained shall prevent the lessee/s at any time from taking any partner into the business carried on by him/them under the present lease after obtaining the previous approval of the authorised officer.

11. The lessee/s shall exercise due diligence and shall give effect to the advice given by the authorised officer of the Salt Commissioner for India in the manufacture of salt and the by-products.

12. The lessee/s shall comply with such rules in respect of storage and sale of salt as may be in operation under any law for the time being in force.

13. No salt and by-products thereof which are inferior to the standard laid down for the factory from time to time by (an officer authorised in that behalf by the Salt Commissioner) shall be stored and the authorised officer shall have power to order for this purpose the chemical analysis of the salt and the by-products by such person as he may appoint. The said officer may direct that all salt and by-products which on analysis are found to fall below the standard fixed as above shall be destroyed at the lessee's expense, or that it may be stored or otherwise disposed of separately from the salt and by-products which conform to the standard and the decision of the authorised officer or the Salt Commissioner for India on this point shall be final.

14. If notice of termination of the lease as provided in clause 3 of this lease is given either by the lessee or by the lessor, the lessee/s shall pay all sums due or failing due to the lessor upto the close of the official year in which such notice is given.

213

Manual of Goa Laws (Vol. II) - 1040 - Land Revenue Code and Rules

15. Any sums due by the lessee to the lessor under this lease shall be recoverable as arrears of land revenue.

16. In case the lessor elects not to determine the lease on the happening of any of the events stated in clause 19 of this lease, the lessee shall be bound to pay unto the lessor such sum or sums not exceeding Rs. 500/- on each occasion of default as may be determined by the said officer whose decision shall be final and binding on the lessee/s.

17. (a) The lessor or the Government of India shall have the right to purchase or acquire or shall be entitled to the right of first option of purchasing or acquiring every year 25 per cent of the salt produced by the lessee/s on the said lands, and the lessee/s shall in any season, in which notice is given to him before the 15th January, store at his own expense and keep in reserve the 25 per cent of the salt manufactured in the leased land in that season. Such salt shall be termed "Government Reserve". The lessor will have the option to purchase it at such rate as may be decided by the lessor from time to time, provided that, the Government Reserve of one season shall be released for disposal by the lessee as it is replaced by equal quantity of new salt of the succeeding season.

(b) No charge shall be made by the lessee in respect of the space on which salt so reserved is stored unless the normal storage capacity of the platform or platforms attached to the leased land is exceeded in which case the lessor shall pay for such additional arrangement as may be necessary.

18. In case of any dispute arising between the lessor and the lessee/s or of any difference of opinion as to the interpretation of the terms of this lease or the obligations, the matter shall be referred to the Salt Commissioner for India, whose decision shall be final and binding on both the parties.

19. Subject to the foregoing conditions, the lessee/s shall continue to enjoy the said lands undisturbed for the said terms of............. years. In case, however, there is any breach of any of the above conditions, or in case the lessee/s makes/make default in making the payment of any sum due to the lessor for over two months from the date of its falling due, or in case the license referred to in clause 7 is cancelled or forfeited, the lessor may determine the lease forthwith. However, after such determination, the lease may be renewed for such further period, and on such terms and conditions as may then be mutually agreed upon.

20. The above lease is subject to revision according to any change in policy in relation to salt as a result of negotiation between the Government of India and the Government of Goa, Daman and Diu.

21. The land shall be liable to resumption, in case it is not used for the manufacture of salt or in case it is used for any purpose other than the manufacture of salt.

22. The land shall be liable to resumption, wholly or in part, in case it is required for Government purposes, on payment of compensation for improvements, if any, made by the lessor at original cost minus depreciation.

IN WITNESS of the due execution of this agreement the parties have hereunder set their hands and seals the day and the year first above written.

SIGNED and delivered by—

214

Manual of Goa Laws (Vol. II) - 1041 - Land Revenue Code and Rules Shri ......................................................................... ........................................................... Collector of ............................................................. ........................................................... By order and in the name of the President of India in presence of—

(1) ……................................................................... ...........................................................

(2) ............................................................................ ...........................................................

Signed and delivered by—

(1) ............................................................................ ...........................................................

(2) ............................................................................ ...........................................................

(3) ............................................................................ ...........................................................

For and on behalf of

the ........................................................................... ........................................................... In the presence of—

(1) ............................................................................ ...........................................................

(2) ............................................................................ ...........................................................

————

FORM 'VII'

(See rule 36)

Form of License for Aerial Projections etc. (E. G. Balconies over Government Land)

This indenture made the............... day of............... one thousand nine hundred and........... between the President of India (hereinafter referred to as "the Government") of the one part and of........... (hereinafter referred to as "the licensee") (which expression shall, unless it is excluded by or repugnant to the context, include his heirs, executors, administrators and assigns) of the other part.

Whereas, the Government is possessed of and absolutely entitled in perpetuity free from encumbrances to the piece of land measuring approximately............. square meters and situated at……………......... in the (village) taluka of the ............................ district .................................. and bearing Survey No. ................................. and bounded on the North by .................................., on the South by .................................., on the East by.................................., on the West by .................................. and of the shape and approximate dimensions shown in the sketch^*, hereto annexed (hereinafter referred to as "the land").

And whereas, the licensee wishes to construct⁺on the said land (hereinafter referred to as the

"said projection"); And whereas, the licensee has applied for permission to construct the said projection over the said land................................................................................. * Here specify the construction in terms of Form VII.

Note:- The sketch should show clearly the positions of the plot relative to the road boundary, the center line of the road and the nearest mile or furlong stone.

+ Here state the nature of construction which is to be constructed.

215

Manual of Goa Laws (Vol. II) - 1042 - Land Revenue Code and Rules And whereas, the Collector of .................................., has agreed to grant such permission on the terms and conditions hereinafter mentioned;

Now, this indenture witnesseth that in consideration of the payment by the licensee of the sum hereby reserved and of the conditions hereafter contained and on the part of the licensee to be observed and performed, the Collector hereby grants to the licensee permission to construct the said projection over the said land, subject to the following conditions, namely:—

(1) The licensee shall pay to Government every year during the continuance of this license at the office of the Collector on the first day of…….. the............. annual sum of Rs........ in cash, the first of such payments to be made on the....... day of..........

(2) The licensee shall not without the previous permission in writing of the Collector extend or add to the said projection.

(3) The permission hereby granted shall not in any way be deemed to convey to the licensee any right to, or over, or any interest in, the said land or any easement thereof or any right to put up posts or supports on the said land for the said projection.

(4) In case the licensee's building to which the said projection is attached falls down or is destroyed by fire, earthquake, storm or as a result of civil commotion or by any other cause whatsoever or is reconstructed, this license shall immediately determine, and the licensee shall not be entitled to claim any right to put up a similar projection in respect of any building which may be constructed in lieu of the building fallen or destroyed as aforesaid.

(5) The Collector may cancel this license at any time by giving to the licensee one month's notice in writing of his intention, and at the expiration of such period, this license shall cease and be void.

(6) During the subsistence of this license, the said projection shall be deemed to have been constructed and continued by the consent and permission in writing of the Collector so that the right of the licensee to any easements on the said land shall not become absolute or indefeasible by lapse of time.

In witness whereof.............. the Collector............. District has on behalf of the President of India hereunto set his hand and seal of his office the day and year first above written. Signature of the Collector

In the presence of—

1.

2.

I accept the above conditions. Signature of the licensee in the presence of—

1.

2.

[Note:- This license requires one-rupee stamp and does not require registration].

216

Manual of Goa Laws (Vol. II) - 1043 - Land Revenue Code and Rules

FORM 'VIII' Form of Agreement

(See Rule 37)

(Permission to lay underground water mains and pipes)

This Agreement made the............... day of............... one thousand nine hundred and.................... between the President of India (hereinafter referred to as the "Government") of the one part and........................................ inhabitant of....................... in the district of a company incorporated under the Companies Act, 1956 and having its registered office at…………………… (hereinafter called the "licensee" which expression shall, unless it be repugnant to the meaning or context thereof include^{his heirs, executors, administrator} and permitted assigns) of the other part. its successors

Whereas, the licensee applied to the Government for permission and license to lay road

underground water mains/pipes^underneath The Government r o a d s i d e l a n d in charge of the..... along

land

Department as shown on the plan No.............. hereto annexed and therein coloured (hereinafter referred to as "the said water mains/pipes");

And the Government doth hereby grant such permission and license to the licensee upon the following terms and conditions:—

(1) The said water mains/pipes shall be laid at a depth of not less than 0.91 metre for mains road 0.46 metre for pipes

below the level of the Government^{roadside land}the exact alignment being settled in consultation land

with the Collector of…….. (hereinafter referred to as "the Collector") before starting the work; laying

(2) Where the said mains/pipes cross the road, the work of^repairing the same shall finally removing

be carried out in half widths of road with suitable precautions for the convenience and safety of the traffic. One-half of the road shall not be opened up until the other half is made passable for traffic. All necessary precautions shall be taken to prevent accidents by providing suitable fencing by day and fencing and lights at night;

road

(3) The portion of the Government^{road side land} which may be dug up for the purpose of land

laying or removing the said watermains/pipes or carrying out repairs thereto, shall be restored to its original condition at the expense of the licensee;

(4) Where the surface of the Government^road to be opened up is of a higher type road side land

such as asphalt, tar cement, concrete, or the like, the work of opening and restoring it to its original condition shall be carried out by Government at the entire cost of the licensee who shall pay the same forthwith on demand and which, if unpaid, may be recovered from the licensee as arrears of land revenue. The decision of the Collector as to the amount of cost incurred shall be final. Where

217

Manual of Goa Laws (Vol. II) - 1044 - Land Revenue Code and Rules the surface is other than the higher type as aforesaid, the work shall be carried out by the licensee at his cost to the entire satisfaction of the Collector or his representative duly authorized by him in this behalf:

(5) The licensee shall have no right or interest whatever in or over the said road

Government^{road side land} save merely the license to enter upon the same for the purpose of land

carrying out necessary operations on the said water^mains during the continuance of this agree- ment. pipes

(6) The Government does not guarantee the preservation of the licensee's property from injury.

(7) The licensee shall be solely liable for any loss or injury which any person may sustain by reason of any defect or want of repairs in any of the said water^mains or as a result of any pipes

carelessness or negligence or misconduct of his/its employees in laying, repairing of finally removing the said water mains/pipes and the licensee shall indemnify and keep indemnified the Government against all claims, demands, liabilities and expenses which Government may be put to an account of any claim made in this behalf.

(8) The licensee shall at his/its own expense, maintain the said water mains/pipes in a proper state of repairs and make good immediately any damage which might be caused to the surface of road

the Government r o a d s i d e l a n d or to other Government property through leakage or any other cause whatsoever, to^lt^ahⁿe^d entire satisfaction of the Collector or his representative duly authorised as aforesaid.

(9) In the event of its being found necessary at any time to carry out any alterations to the road mains

or other land which will necessitate the removal and relaying of the said the cost of such pipes

removal and relaying shall be borne by the licensee;

(10) On the failure of the licensee to observe any of the conditions of this agreement, the Collector shall be at liberty to cancel this agreement and, if necessary, to remove the said water mains

on the expiry of three months' notice and the licensee shall be held liable for the pipes

expenses so incurred by the Collector.

(11) The Government shall at all times be at liberty to terminate this agreement by giving three months' notice to that effect in which case the licensee shall not be entitled to any compensation mains

(12) The licensee shall not commence the work of laying the said water p i p e s to do any any other act subsequent thereto without having previously obtained the permission in writing of the Collector.

218

Manual of Goa Laws (Vol. II) - 1045 - Land Revenue Code and Rules

(13) The licensee shall pay to the Government a fee of Rs. 10/- for opening the Government road road

road side land whenever the water^mains are first laid underneath the r o a d s i d e l a n d and also pipes

land

rent of Rs.^*............ per annum in an advance every year on or about the 1st April for the use of road

the road side land.

land

(14) The licensee shall before the commencement of the work of laying the said water mains/pipes pay to the Collector a deposit of Rs................ which shall be forfeited to Government in whole or in part if in the opinion of the Collector any of the above conditions are not duly complied with to the satisfaction of the Collector or his representative authorized as aforesaid.

(15) If and whenever any part of the sum payable by the licensee under this agreement shall be in arrears, the same shall be recoverable from the licensee as an arrear of land revenue in accordance with the provisions of the Goa, Daman and Diu Land Revenue Code, 1968 and the rules made thereunder without prejudice to any other remedies which may be open to Government in this behalf.

(16) The licensee shall bear the cost of preparation, stamping and execution of this agreement.

(17) Any difference of opinion between the licensee and the Collector in connection with this agreement shall be referred to the Government................., and its decision shall be final and binding on the licensee.

(18) Any notice or other document to be given to or served upon the licensee may be given or served on behalf of Government by the Collector and any such notice or document shall be deemed to have been duly given to, or served on the licensee if it is delivered at last known address of the licensee his address

the or sent by registered post to

the registered office of the Company the registered address of the Company.

(19) This license is granted subject to the provisions of the Goa, Daman and Diu Land Revenue Code, 1968 and the rules made thereunder.

In witness whereof the Collector for and on behalf of the President of India has set his hand and the seal of his office and .................⁺The licensee has set his hand (1)................ and (2)..................... respectively have for and on behalf of the company^$in pursuance of a resolution of the Board dated.................. set their hands and the seal of the Company has been affixed hereto the day and year first above written. Signed, Sealed and Delivered by................. Collector of.......................... on behalf of the President of India in the presence of— * To be fixed by the Collector.

+ To be used if the licensee is an individual.

$ To be used only, if the licensee is a company.

219

Manual of Goa Laws (Vol. II) - 1046 - Land Revenue Code and Rules

1.

2. Signed, sealed and delivered by- ……………………………….……………….

on behalf of the Company, and the common seal of the Company has been affixed in the presence of-

1.

2.

Signed and delivered By the within named in the presence of

1.

2.

————

FORM 'IX' Form of Agreement (Permission to lay underground cables)

(See rule 37) This Agreement made the.................day of ................... one thousand nine hundred and.............. between the President of India (hereinafter referred to as "the Government") of the one part and................. a Company incorporated under the provisions of the Companies Act, 1956 (1 of 1956), and having its registered office at................. (hereinafter referred to as "the Company", which expression shall, unless excluded by or repugnant to the context, include its successions and assigns) of the other part;

Whereas the Company applied to the Government for permission and license to lay an underground cable along Government road/roadside in Survey No............ in charge of the.............. Department and within the Company's licensed area in as shown on plan No................ hereunto annexed, and therein coloured (hereinafter referred to as "the under-ground cable"). And the Government doth hereby grant such permission and license to the Company upon the following terms and conditions:—

(1) The underground cable shall be laid by the Company at depth meters at least below the road

ground level in the road berm at the extreme edge of the Government r o a d s i d e l a n d boundary Survey No.

where possible the exact alignment boundary being settled in consultation with the Collector of .......... (hereinafter referred to as "the Collector") before starting the work.

(2) The portion of the road dug up for the purpose of the underground cable shall be restored to its original condition at the Company's expense to the entire satisfaction of the Collector of his representative duly authorised by him in this behalf.

laying

(3) Where the underground cable crosses the road the work of r e p a i r i n g the same shall finally removing

220

Manual of Goa Laws (Vol. II) - 1047 - Land Revenue Code and Rules be done in half widths of the road, with suitable precautions for the convience and safety of the traffic. One-half of the road shall not be opened up until the other half is made passable for traffic. All necessary precautions shall be taken to prevent accidents by providing suitable fencing by day and fencing and lights at night.

(4) The Company shall pay the Government, in advance, a sum of Rs......... for restoring asphalt macadam or any higher type of work such as tar, cement concrete, and the like per every crossing of the road and the work shall be carried out by Government at the entire cost of the Company and any balance left out of the sum so advanced by the Company will be refunded to it when the work is completed. The decision of the Collector, as to the amount of the cost incurred, shall be final. Where the surface is other than the higher type as aforesaid, the work shall be carried out by the Company at its cost to the entire satisfaction of the Collector or his representative.

(5) The Company shall pay to the Government the amount of Rs.................. in advance every year on the first day of April for the use of Government road

road side land. road

(6) The Company shall have no right or interest whatever in or over the said road side land land

save merely the license to enter upon the same for the purpose of carrying out necessary operations on its plant during the continuance of this agreement.

(7) The Government does not guarantee the preservation of the company's property under or on the said land from injury.

(8) The Company shall be solely liable for any loss of injury which any person may sustain by reasons of any defect in or want of any repairs to any of its plants, or as a result of any carelessness or negligence or misconduct of its employees in laying, removing or setting or repairing the underground cable, and the Company shall indemnify and keep indemnified the Government against all claims, demands, liabilities and expenses to which Government may be put on account any claim made in this behalf.

(9) The Company shall at its own expenses maintain the underground cable in a proper state of repairs and make good immediately any damage which might be caused to the surface of the road

r o a d s id e l a n d or to other Government property to the entire satisfaction of the Collector or his land

representative.

(10) The Company shall remove the underground cable at its own cost without any claim for compensation if any when so required by the Collector on three months' notice.

(11) In the event of its being at any time found necessary to carry out any alterations to the road or any other land which may necessitate the removal and relaying of the underground cable the cost of removal and relaying of the same shall be borne by the Company.

(12) The Government shall at all times be at liberty to terminate this agreement by giving three months' notice to that effect in which case the Company shall not be entitled to any compensation on account of the termination of this agreement.

221

Manual of Goa Laws (Vol. II) - 1048 - Land Revenue Code and Rules

(13) On the Company's failure to observe any of the conditions of this agreement the Government shall be at liberty to terminate this agreement and if necessary to remove the underground cable on the expiry of three months' notice and the Company shall be liable for the expenses so incurred by the Government.

(14) If and wherever any part of the sum payable by the Company under this agreement shall be in arrears, the same shall be recoverable from the Company as an arrear of land revenue, in accordance with the provisions of the Goa, Daman and Diu Land Revenue Code, 1968 and the rules made thereunder without prejudice to any other remedies which may be open to Government.

(15) The Company shall bear the cost of preparation, stamping and execution of this agreement.

(16) Any difference of opinion between the Company and Government in connection with this agreement shall be referred to the Administrator of Goa, Daman and Diu and his decision shall be final and binding on the Company.

(17) Any notice or other document to be given to or served upon the Company may be given or served on behalf of the Government by the Collector; and any such notice or document shall be deemed to have been duly given to or served on the Company if it is delivered at the registered office of the Company or sent by registered post to the registered address for the time being of the Company.

(18) This License is granted subject to the provisions of the Goa, Daman and Diu Land Revenue Code, 1968 and the Rules made thereunder. In witness whereof the Collector or........... on behalf of the President of India hath set his hand and the seal of his office hereto and the common seal of the Company has been affixed hereto the day and year first above written . Signed, sealed and delivered by-

Collector of........... on behalf

of the President of India, in presence of- Official Seal

1.

2.

The Common seal of the Company The Seal has been affixed hereto pursuant to of the company a resolution of the Board of Directors dated the................. day of 19.... in the presence-

1.

2.

Directors. In witness whereof............... Collector of.................. hath on behalf of the President of India set his hand and the seal of his office................. and Shri ........................... hath set his hand, hereunto, the day and the year first above written .

222

Manual of Goa Laws (Vol. II) - 1049 - Land Revenue Code and Rules Signed, Sealed and Delivered by-

Collector of

in the presence of- Official

Seal

1.

2.

Signed and delivered by the above named Shri.................. in the presence of-

1.

2.

N. B.:- Plan to be attached. ————

FORM 'X'

(See rule 37)

Form of Agreement To be used when permission is granted for construction of a cess-pool in Government land

This agreement made the............... day of.............. one thousand nine hundred and.............. between the President of India (hereinafter referred to as "the Government" which expression shall, unless excluded by or repugnant to the context, include his successors in office and assigns), of the part, and Shri ................^*inhabitant of............... in the Taluka of the..................... district (hereinafter referred to as "the applicant" which expression shall, unless excluded by or repugnant to the context, include his heirs, executors, administrators and assigns) of the other part; Whereas the applicant on or about the................ day of..................... applied to the Government for permission and license to construct an underground cess-pool for stagnant water in........ square meters of ground beneath Government (road)⁺land, measuring...................... square meters, in area, be the same a little more or less, situated in City Survey No............ within the limits of the village of............... in the taluka of the district which (road)+ land is more particularly delineated on the site plan hereto annexed and signed for the purpose of identification by the parties hereto (hereinafter referred to as "the said land").

And the Government doth hereby grant such permission and license to the applicant upon the following terms and conditions:-

(1) The applicant is hereby permitted to construct or cause to be constructed an underground cess-pool at a depth of................. meters below the ground level (hereinafter referred to as "the said cess-pool") for the purpose aforesaid and to keep it for a period of.............. years only * Caste to be mentioned.

+ Omit where necessary.

223

Manual of Goa Laws (Vol. II) - 1050 - Land Revenue Code and Rules consideration thereof the applicant shall pay to the Government annually in advance a sum of Rs......... on the.............. days of in each year during the aforesaid period of ............. years.

(2) The applicant shall take necessary precautions to prevent accidents due to any excavations made by him on the said land in connection with the construction or reconstruction of or any subsequent repairs to the said cess-pool, by providing suitable fencing by day and fencing and lights at night.

(3) The applicant, shall at his own cost, maintain the said cess-pool in proper state of repair, and make good immediately any damage which the existence of the said cess-pool under the said land may through overflow of water or any other cause whatsoever at any time cause to (the surfacing or side slopes or berms of the said road or to)⁺the said land, as the case may be.

(4) The said land or any other Government land which may be dug up for the purpose of repairing or reconstructing the said cess-pool shall be restored by the applicant to its original condition at his expense to the entire satisfaction of the Collector of................... (hereinafter referred to as "the Collector") or his representative and on his failure so to restore the same, it shall be restored by the Collector and the cost of such restoration shall be recovered from the applicant as an arrear of land revenue under the provisions of the Goa, Daman and Diu Land Revenue Code,

1968.

(5) The license granted by this agreement shall be subject to the provisions of the Goa, Daman and Diu Land Revenue Code, 1968 and the rules and orders from time to time made or issued thereunder.

(6) In the event of its being at any time found necessary to carry out any work or to do anything in or upon the said cess-pool, the cost of removing and reconstructing the said cess-pool shall be borne by the applicant.

(7) The license hereby granted shall not be construed to create a tenancy in favour of the applicant in respect of the said land or any portion thereof or to give the applicant any legal right or interest in or over any portion of the said land or any claim to retain the said cees-pool under the said land, save as is expressly provided for by this agreement and the right of the Government to use or dispose of the surface soil of the said land is hereby reserved.

(8) The applicant shall indemnify Government from all claims, demands, actions, suits or proceedings made or brought by any person against it, and from all costs, charges and expenses which it may have to incur by reason of or due to the exercise by the applicant of any of the privileges arising from the permission hereby given or due to the existence of the said cess-pool under the said land.

(9) The Government shall not be liable for any loss or damage suffered by the applicant on account of the closing of or stopping of, or obstruction to the said cess-pool or any other interference with the right or interests of the applicants in the said cess-pool caused by any member of the public or resulting from any action brought by any such member.

(10) On the expiration of the said period of years, it shall be entirely at the discretion of the Collector to grant a fresh permission to keep the said cess-pool under the said land, on such terms + Omit where necessary.

224

Manual of Goa Laws (Vol. II) - 1051 - Land Revenue Code and Rules as to payment of any money and as to the period of occupation or user thereof as may then be agreed upon.

(11) On the expiration of the said period of……. year, this agreement shall cease and determine and the applicant shall unless he has obtained a fresh license to keep the said cess-pool on or before the expiration of the said period of ............... years, remove the said cess-pool at his own cost, and deliver over the possession of the said land within period of three months from the date of expiry of the said period of .......... years, and if the said land has to be dug up for the removal of the said cess-pool, he shall also at his own cost make good any damage and restore the said land to its original condition. In the event of the applicant failing to remove the said cess-pool and to deliver over the possession of the said land or to make good any damage or to restore the said land to its original condition, the Government shall be at liberty to re-enter on the said land, to take possession thereof, to remove the said cess-pool, and to restore the said land to its original conditions as the case may be, at the cost of the applicant. The cost of such removal or restoration as the case may be shall be recoverable from the applicant as an arrears of land revenue.

(12) If the applicant shall bear the cost of the preparation, execution and stamping of this agreement.

(13) If the applicant or any person acting on his behalf commits a breach of any of the conditions of this agreement hereinbefore mentioned, the Government shall be at liberty to cancel the license hereby granted and to terminate this agreement and thereupon the consequences mentioned in clause (11) above shall follow, as if the said period of........... years had expired.

(14) If and whenever any part of the sum payable by the licensee under this agreement shall be in arrears the same shall be recoverable from the applicant as an arrear of land revenue in accordance with the provisions of the Goa, Daman and Diu Land Revenue Code, 1968 and the rules made thereunder.

In witness whereof............. Collector of........................... hath on behalf of the President of India set his hand and the seal of his office and Shri.............................hath set his hand, hereunto. the day and the year first above written.

Signed, sealed and delivered by-

Collector of

Official

In presence of- Seal

1. ................................................

2. ................................................

Signed, and delivered by

the above named Shri................................. In the presence of-

1. ................................................

2. ................................................

N.B.:- Plan to be attached.

225

Manual of Goa Laws (Vol. II) - 1052 - Land Revenue Code and Rules

FORM 'XI'

(See rule 37)

Form of Agreement (Permission to erect poles, towers, stay rods or stay rails for overhead cables etc.)

The agreement made the.................... day of........... one thousand nine hundred and..................... between the President of India (hereinafter referred to as "the Government") of the one part and............ a Company incorporated under the provisions of the Indian Companies Act, 1956 (1 of 1956), and having its registered office at................. (hereinafter referred to as "the Company"

which expression shall, unless excluded by or repugnant to the context, includes its successors and assigns) of the other part.

Whereas the Company applied to the Government for permission and license to erect poles, towers, stay rods and stay rails for overhead cables along.................. Government roads and land in charge of the^*............... Department and within the Company's licensed area in the.......... District, as shown on plan No............ hereto annexed and ……….. therein coloured. And the Government doth hereby grant such permission and license to the Company upon the following terms and conditions namely:—

(1) The poles shall be erected by the Company in such places as may be approved by the Collector of............................ (hereinafter referred to as "the Collector"). The said poles and the aerial wires shall be maintained in good conditions in accordance with the provision of the ^{Indian Electricity Act, 1910} and the rules thereunder and to the entire satisfaction in all res- Law applicable for the time being in force

pects of the Collector.

(2) All poles shall be painted with white or aluminum paint upto a height of at least (3.05) meters from the ground level, such painting being renewed as may be necessary to keep it in good condition so as to be clearly visible to drivers of vehicles at all times.

(3) Where the surface of the road dug up for holes made for the poles is of a higher type such as asphalt, tar, cement, concrete, and the like the work of property filling the holes shall be carried out by Government at the entire cost of the Company and the berms, if any, kerbing or any other part of the road which may be dug up or disturbed while erecting the poles or carrying out repairs to or removing the same shall be restored by the Collector to their original condition at the entire cost of the Company which shall pay the same forthwith on demand and which, if unpaid, may be recovered as arrears of land revenue. The decision of the Collector as to the amount of the cost so incurred shall be final. Where the surface is other than of a higher type as aforesaid, the work shall be carried out by the Company at its cost to the entire satisfaction of the Collector or his representative.

* Here state name of the Departments.

226

Manual of Goa Laws (Vol. II) - 1053 - Land Revenue Code and Rules

(4) The Company shall pay to the Government annually in advance rent of 25 paise per pole/50 paise per tower, stay rod, or stay rail on the first day of April for the use of the Government land or road.

road

(5) The Company shall have no right or interest whatever in or over the said save land

merely the license to enter upon it for the purpose of carrying out necessary operation on its plan during the continuance of this agreement.

(6) The Government does not guarantee the preservation of the Company's property from injury.

(7) The Company shall be solely liable for any loss or injury which any person may sustain by reason of any defect or want or any repairs in any of its plants, or as a result of any carelessness or negligence or misconduct of its employees in the erection, setting up or use of the plant and the Company shall indemnify and keep indemnified the Government against all claims, demands, liabilities and expenses to which Government may be put to on account of any claim made in this behalf.

(8) The Company shall at its own expense maintain poles, towers, stay rod and stay rails for overhead cables in a proper state of repairs and make good immediately any damage which road

might be caused to the surface of the^{road side land} or to other property of Government to the land

entire satisfaction of the Collector or his representative duly authorised by him on that behalf.

(9) Subject to the provisions of sub-sections (3) and (4) of section 18 of the Indian Electricity Act, 1910, no tree on road side shall be cut or mutilated in any way by the Company without obtaining the previous permission in writing to the Collector and without paying to Government such compensation as may be fixed by the Collector for so doing, the lopped off wood or branches in all cases being handed over by the Company to the Collector. The ends of the lopped off branches shall be neatly sawn off and coated with tar by the Company. The said work shall be done by the Company in a manner approved by the Collector or his representative aforesaid.

(10) All over head and straining wires which may be put up shall provide a clear headway of not less than (7.92) meters and where the wires cross the road, they shall be laid at a height of not less than (7.62) metres from the level of the road or other Government land.

(11) The Company shall at its own cost and without any claim for compensation, remove the poles, tower, stay rods or stay rails if and when so required by the Collector on three months' notice.

(12) In the event of its being at any time found necessary to carry out alterations to the road or any other land which may necessitate the removal and re-erection of the poles, towers, stay rods or stay rails, the cost of removal and re-erection of the same shall be borne by the Company.

(13) The license granted hereunder shall remain in force for a period of…….. year commencing from the day of......... 19.....

(14) On the Company's failure to observe any of the conditions of this agreement, the Government shall be at liberty to terminate the agreement and if necessary to remove the poles, towers, the stay rods or the stay rails on the expiry of three month's notice, and the Company shall be liable for the expenses so incurred by the Government.

227

Manual of Goa Laws (Vol. II) - 1054 - Land Revenue Code and Rules

(15) If and whenever any part of the sum payable by the Company under this agreement shall be in arrears, the same shall be recoverable from the Company as an arrear of land revenue in accordance with the provisions of the Goa, Daman and Diu Land Revenue Code, 1968, and the rules made thereunder without prejudice to any other remedies which may be open to Government.

(16) The Company shall bear the cost of the preparation, stamping and execution of this agreement.

(17) Any difference of opinion between the Company and the Government in connection with this agreement shall be referred to the Commissioner of............... and his decision shall be final and binding on the Company.

(18) Any notice or other document to be given to or served upon the Company may be given or served on behalf of Government by the Collector, and any such notice or document shall be deemed to have been duly given to or served on the Company, if it is delivered at the registered office of the Company or sent by registered post to the registered address for the time being of the Company.

(19) This licence is granted subject to the provisions of the Goa, Daman and Diu Land Revenue Code, 1968 and the Rules made thereunder.

In witness whereof the Collector,................ on behalf of the President of India hath set his hand and the seal of his office hereto and the common seal of the Company has been affixed hereto the day and year first above written.

Signed, sealed and delivered by

the Collector of

On behalf of the President of

Office

India in the presence of- Seal

1. ...............................................

2. ...............................................

The common seal of the Company has been affixed hereto pursuant to a resolution of the Board of Directors dated the................. day of.............. 19....... in the presence of— The Seal of the

Directors Company

————

FORM 'XII'

[See rule 40 (1) (a) and rule 43]

Form of agreement to be passed by persons intending to become occupants of land situated in non-urban areas

AGREEMENT

To The Mamlatdar, ...............taluka, ....................district I, A.B. of ................... agree on behalf of myself and my heirs, executors, administrators and assigns to occupy the land specified in the Schedule appended hereto (hereinafter referred to as

228

Manual of Goa Laws (Vol. II) - 1055 - Land Revenue Code and Rules

"the said land") on the conditions stated below, and I pray that my name may be entered in the land records as occupant of the said land:—

CONDITIONS

(1) I will pay the land revenue from time to time lawfully due in respect of the said land to wit:

as assessment the sum of Rs. ................ (being at the rate of........... per........... or at such lower rate as is leviable under the rules for the time being in force and applicable to such land) for the period of.............. years commencing on.................. and thereafter, I will pay such assessment for such further periods as may from time to time be fixed by lawful authority.

(2) Use.— I will not without the previous sanction of the Collector use or permit the use of the said land and the building erected or to be erected thereon for any purposes other than.^*

(3) Building.— I will erect and complete on the said land⁺of a substantial and permanent description within a period of ................ years from the date hereof or within such period as may be fixed by lawful authority. I will in regard thereto duly comply in every respect with the buildings regulations contained in clauses……….. of the Second Schedule hereto. *(4) Reservation of Margin.— If at any future date the Collector shall give me notice in writing that a strip from the margin of the said land not more than.......... metres in depth is required by Government for the purposes of a road, I will, at the expiration of one month after the receipt of such notice, quietly surrender and hand over possession of such strip to the Collector in consideration of receiving from Government in exchange and as full compensation therefor a sum equivalent to ( ) times the assessment proportionately payable upon the strip so surrendered:

Provided that, where the materials of any gate, wall, pavement or other such authorized erection or construction on such strip cannot in the opinion of the Collector be removed without appreciable loss such further compensation on this account shall be paid to me as the Collector may deem fit.

(5)Liability of rates.— I will pay all taxes, rates and cesses leviable in respect of the said land.

(6) Tenure.— + (a) I, my heirs, executors, administrators and approved assigns shall not at any time transfer the said land or any portion thereof or any interest therein without the previous written sanction of the Government .

# (b) I, my heirs, assigns and legal representative shall not at any time partition, inheritance, lease, mortgage or otherwise howsoever transfer the said land except as a whole or allow any portion of it to be cultivated, used, or occupied by any other person so as to divide it. (7)^$Transfer.— (a) I will not dispose of the land except along with the constructions thereon and the factory plant and other installations, if any, and the land so disposed of shall not be used for the purpose other than the purpose for which it was initially granted, without the permission of the Government.

(b) I will not sub-divide the land or dispose of any such sub-division without the permission of the Government.

* Here insert specific purpose for which land is granted.

+ Here insert description of the buildings such as "a resident's bungalow and outhouses".

# To be scored out where not required.

$ To be retained in all cases in which grants of unoccupied unalienated land are made at concessional rates of occupancy price and assessment or rent or without auction. To be scored out in other cases and the next condition to be re-numbered.

229

Manual of Goa Laws (Vol. II) - 1056 - Land Revenue Code and Rules

(c) In case I dispose of the land along with the factory plant and other installations thereon by way of sale, the Government shall be entitled to half the unearned increment and where such land is transferred without any construction aforesaid, the Government shall be entitled to unearned increment upto 90 per cent.

(8) Provisions of Code applicable.— The provisions of the said Code and all rules and orders for the time being in force thereunder shall apply, to my occupation of the said land, so far as the same may be applicable.

(9) Penalty clause.— (1) If I contravene any of the foregoing conditions, or any rules made under the Code and applicable in relation to my land aforesaid, the Collector may without prejudice to any other penalty to which I may be liable under the provisions of the said Code, continue the said land in my occupation on payment of such fine as he may direct.

(2) Notwithstanding anything contained in sub-clause (1) it shall be lawful for the Collector to direct the removal or alteration of any building or structure erected or used contrary to the provisions of this grant within a time prescribed in that behalf by the Collector, and on such removal or alteration not being carried out within the prescribed period, he may cause the same to be carried out and may recover the cost of carrying out the same from me as an arrear of land revenue.

MAP

SCHEDULE I

Length and Breadth Boundaries Total

North to East to Superficial Remarks South West area North South East West

SCHEDULE II

(The number of the conditions which are applicable should be entered in condition 3 of the grant; and special conditions should be inserted in continuation)

1. Building may be erected only within the area marked on the map annexed and the remaining area of the said land shall be left as an open space.

2. "Two-third" of the said land shall ordinarily be left open to the sky and only "one-half" when the land is in the Collector's opinion of a very high value or the buildings are likely to be inhabited by the poorer classes or in areas already densely built over such as bazars and the central parts of towns where the values of lands are very high.

3. No latrine, cesspool or stable shall be constructed on the said land in any place which shall not have been approved for such purpose by the Collector or an officer authorised by him.

4. No buildings shall be erected in the said land with more than a ground floor and one upper storey, and unless it is provided with suitable access.

5. The building erected on the said land shall be used for…………….. purposes only.

230

Manual of Goa Laws (Vol. II) - 1057 - Land Revenue Code and Rules

6. No building erected on the said land shall be used as a place for carrying on an offensive trade.

7. In case of a residential building, the plinth shall be at least 0.01 metre from the general level of the ground.

8. No addition to or alteration in a building shall be carried out without the previous written permission of the Collector.

9. The grant shall be subject to the following special conditions:— (a)…………….

(b) ....................., etc. ..........................., etc. Dated the.................. day of.................... at................................. (Signed) E.F.

G.H.

N.B.:- (1) This document need not be registered.

(2) This document is exempted from stamp duty. ————

FORM 'XIII'

[See rule 40 (1) (b)] Form of Agreement to be passed by persons intending to become Occupants of Land situated in Urban Area included in a Development Scheme or in other Special Cases.

AGREEMENT

To The Collector of ....................... District, I, A.B.............................of........................... agree.......................... on behalf of myself and my heirs, executors, administrators and assigns to occupy the land specified in the Schedule appended hereto (hereinafter referred to as "the said land") on the conditions stated below, and I pray that my name may be entered in the land records as occupant of the said land:—

CONDITIONS

1. I will pay the land revenue from time to time lawfully due in respect of the said land to wit:

as assessment the sum of Rs……… (being at the rate of per............... or at such lower rate as is leviable under the rules for the time being in force and applicable to such land) for the period of ………………………years. Thereafter, I will pay such assessment for such further periods as may from time to time be fixed by lawful authority.

2. Use.— I will not use or permit the use of the said land and the building erected or to be erected thereon for any purposes other than........... without the previous sanction of the Collector. I will duly comply with the conditions contained in the second schedule hereto.

3. Reservation of margin.— If at any future date the Collector shall give me notice in writing that a strip from the margin of the said land not more than……………… metres in depth is

231

Manual of Goa Laws (Vol. II) - 1058 - Land Revenue Code and Rules required by Government for the purpose of a road, I will, at the expiration of one month after the receipt of such notice, quietly surrender and hand over possession of such strip to the Collector in consideration of receiving from the Government in exchange and as full compensation therefor a sum equivalent to ( ) times the assessment proportionately payable upon the strip so surrendered. Provided that, where the materials of any gate, wall, pavement of other such authorised erection or construction on such strip cannot in the opinion of the Collector be removed without appreciable loss, such further compensation on this account shall be paid to me as the Collector may deem fit.

4. Liability of rates.— I will pay all taxes, rates and cesses leviable in respect of the said land.

5. Tenure.—^*(a) I, my heir, executors, administrators and approved assigns shall not at any time transfer the said land or any portion thereof or any interest therein without the previous written sanction of Government.

+ (b) I, my heirs, assign and legal representatives shall not at any time by partition, inheritance, lease, mortgage or otherwise howsoever transfer the said land except as a whole or allow any portion of it to be cultivated, used, or occupied by any other person so as to divide it. * 6. Transfer.— (a) I will not dispose of the land except along with the constructions thereon and the factory plant and other installations, if any, and the land so disposed of shall not, be used for the purpose other than the purpose for which it was initially granted, without the permission of the Government.

(b) I will not sub-divide the land or dispose of any such sub-division without the permission of the Government.

(c) In case I dispose of the land along with the factory plant and other installations thereon by way of sale the Government shall be entitled to half the unearned increment and where such land is transferred without any construction aforesaid, the Government shall be entitled to unearned increment upto 90 per cent.

7. Provisions of the Code applicable.— The provisions of the said Code and all rules and orders for the time being in force thereunder shall apply to my occupation of the said land so far as the same may be applicable.

8. Penalty clause.— (a) If I contravene any of the foregoing conditions, or any rules made under the Code and applicable in relation to any land aforesaid the Collector may, without prejudice to any other penalty to which I may be liable under the provisions of the said Code, continue the said land in my occupation on payment of such fine and/or assessment as he may direct.

(b) Notwithstanding anything contained in sub-clause (a) above, it shall be lawful for the Collector to direct the removal or alteration of any building or structure erected or used contrary to the provisions of this grant within a time prescribed in that behalf by the Collector and on such removal or alternation not being carried out within the prescribed period he may cause the same to be carried out and may recover the cost of carrying out the same from me as an arrear of land revenue.

* To be retained in all cases in which grants (sales or leases) of unoccupied unalienated land are made at concessional rate of occupancy price and assessment or rent or without auction. To be scored out in other cases and the next, condition to be renumbered.

+ To be omitted where not required.

232

Manual of Goa Laws (Vol. II) - 1059 - Land Revenue Code and Rules

MAP

SCHEDULE I

Length and Breadth Boundaries Total

North to East to Superficial Remarks South West area North South East West

SCHEDULE II

1. The applicant shall build on the plot in accordance with the building bye-laws framed by the Municipal Council, the Town and Country Planning Department.

2. The Grant shall be subject to the following special conditions:

(a) That on the said land building of a substantial and permanent character shall be built within a period of ………………….. years from the date hereof or within such period as may be fixed by lawful authority:

(b)

(c)

Dated the............... day of........... at.............................. Signed A.B.

We declare that A.B. who has signed this agreement is to our personal knowledge the person he represents himself to be and that he has affixed his signature hereto in our presence. (Signed) E. F.

(Signed) G. H.

Note:- This document need not be registered.

This document is exempted from stamp duty.

————

FORM 'XIV'

[See rule 41 (a) (iv)]

Agreement

This agreement made………….. day of …………….19…………., between the President of India (hereinafter called "the Grantor"), (which expression shall, where the context so admits, include his successors and assigns) of the one part AND…………….. (hereinafter called "the Grantee") (which expression shall, where the context so admits, includes his heirs, executors, administrators, representatives and assigns) of the other part.

233

Manual of Goa Laws (Vol. II) - 1060 - Land Revenue Code and Rules Whereas, the Grantee has encroached upon the piece of Government land, the full particulars of which are given in the Schedule hereto (hereinafter called "the said land") for purposes of cultivation/construction ………………….. (hereinafter referred to as "the said construction"). And whereas, the Grantee unequivocally admits title of the Grantor to the said land; And whereas, the Grantee has requested the Grantor to grant the said land to him in occupancy rights under section 21 of the Goa, Daman and Diu Land Revenue Code, 1968 on payment of occupancy price as provided in section 38 of the said Code;

Now, this agreement witnesseth that the Grantor agrees to grant the said land to the Grantee in occupancy rights on the following conditions:-

(i) that the Grantee shall pay to the Grantor the sum of Rs.............. being the amount of occupancy price of the said land;

(ii) that the Grantee shall pay to the Grantor every year the sum of Rs. ……………. being the amount of assessment of the said land;

(iii) that the Grantee shall pay the said assessment from................ until the same is enhanced in the revision settlement undertaken in accordance with the provisions of the said Code and rules made thereunder;

(iv) that the Grantee shall not use the said land for any purpose other than……….. without the permission of the Collector;

(v) that the Grantee shall pay all taxes, rates and cesses and other imposts leviable in respect of the said land under any law for the time being in force;

(vi) that the Grantee shall abide by the provisions of the Code and all rules and orders for the time being in force thereunder in so far as they apply to his occupation of the said land;

(vii) that in the event of breach of any of the conditions of this grant, the Grantee shall be liable to the penalty provided in the Code and the rules made thereunder; In witness whereof the President of India has caused the Collector of ............. to set his hand and affix his official seal (if any) hereto on his behalf and the Grantee has set his hand and seal hereunto on his behalf the date and year first above written.

THE SCHEDULE

Signed, sealed and delivered by…………………………..

Collector …………………... In the presence of………...

(1)

(2)

Signed, sealed and delivered by the above named Grantee In the presence of …………

234

Manual of Goa Laws (Vol. II) - 1061 - Land Revenue Code and Rules

FORM 'XV'

[See rule 41 (b) (vi)]

Agreement

This agreement made this …………… day of ……………. 19………. between the President of India (hereinafter called "the lessee") (which expression shall, where the context so admits, includes his successors and assigns) of the one part AND………………… (hereinafter called "the lessee") (which expression shall, where the context so admits, includes his heirs, executors, administrators, representatives and assigns) of the other part.

Whereas, the Lessee has encroached upon the piece of Government land, the full particulars of which are given in the Schedule hereto (hereinafter called "the said land") for purposes of cultivation/constructing …………….. (hereinafter referred to as the said construction). And whereas, the Lessee unequivocally admits title of the lessor to the said land; And whereas, the Lessee has requested the Lessor to grant the said land to him in lease-hold rights under section 26 of the Goa, Daman and Diu Land Revenue Code, 1968 on payment of occupancy price and assessment as provided in section 38 of the said Code; Now, this agreement witnesseth that, the lessor agrees to lease the said land to the Lessee in lease-hold rights on the following conditions:-

(i) that the lease shall be for a period of thirty years from........... (here enter the date of encroachment);

(ii) that the Lessee shall pay annually rent of Rs……………..

(iii) that the Lessee shall pay annually rent of Rs…………… as fine for the unauthorized occupation of the said land;

(iv) that the Lessee shall vacate the said land without compensation if the said construction is substantially altered during the currency of the lease;

(v) that the Lessee shall not use the said land for any purpose other than …………., without the permission of the Collector;

(vi) that the Lessee shall pay all taxes, rates and cesses and other imposts leviable in respect of the said land under any law for the time being in force;

(vii) that the Lessee shall abide by the provisions of the Code and all rules and orders for the time being in force thereunder in so far they apply to his occupation of the said land;

(viii) that in the event of breach of any of the conditions of this lease, the Lessee shall be liable to the penalty provided in the Code and the rules made thereunder. In witness whereof the President of India has caused the Collector of ………. to set his hand and affix his official seal hereto on his behalf, and the Lessee has set his hand and seal (if any) hereunto on his behalf the date and year first above written.

235

Manual of Goa Laws (Vol. II) - 1062 - Land Revenue Code and Rules

THE SCHEDULE

Signed, sealed and delivered by …………………………..

Collector ……………………

in the presence of …………..

(1)

(2)

Signed, sealed and delivered by the above named Lessee in the presence of ………….

(1)

(2)

————

FORM 'XVI'

(See rule 42)

AGREEMENT

THIS AGREEMENT made this …………….day of ………..19….. BETWEEN THE PRESIDENT OF INDIA (hereinafter called "the Government") (which expression shall, where the context so admits, include his successors and assigns) of the one part AND …………………. (hereinafter called "the Licensee") (which expression shall, where the context so admits, include his heirs, executors, administrators, representatives and assigns) of the other part. WHEREAS the Licensee has encroached upon the piece of Government land, the full particulars of which are given in the schedule hereunder written and which is delineated upon the plan hereto annexed and thereon coloured…………. (hereinafter called "the said land"), by constructing balconies saiwants/projecting caves/roofs/chabutras/steps and carriage ways (hereinafter referred to as "the said construction") which are in existence for about ……………. years;

AND WHEREAS, the Licensee unequivocally admits title of the Government to the said land; AND WHEREAS, the Licensee has requested the Government to allow him to retain the said construction without conferring any right on the Licensee in the said land, on the condition that the permission so granted to retain the said construction will not amount to grant of any interest whatsoever in the said land;

AND WHEREAS, in consideration of the payment of the sum of Rs........... ( ) only, by the Licensee to the Government being the amount of penal license fee for part occupation, the licensor has agreed to take no action under the law against the Licensee for removal of the said construction.

NOW, THIS AGREEMENT WITNESSETH, that upon payment by the Licensee of the said sum of Rs........ ( ), to the Government, the receipt whereof the Government hereby acknowledges, and upon the Licensee having agreed to pay by way of penal license fee a sum of Rs.......... ( ),

236

Manual of Goa Laws (Vol. II) - 1063 - Land Revenue Code and Rules every year on or before the^*.................. during the subsistence of this agreement, the Government agrees to allow the Licensee to retain the said construction, subject to the following conditions, namely:—

1. The said construction shall be allowed to remain so long as the said land is not required by the Government for the use of the Government or for a public purpose.

2. In case the said land is required by the Government for use of Government or for any public purpose (as to which matter the Licensee shall accept as final the decision of the Government), the Licensee on being thereunto required by the Government in writing shall remove the said construction .…………. of the receipt of the said notice, and thereupon, this agreement shall terminate. If within the period allowed in the notice, the Licensee fails to remove the said construction, the Government shall be entitled to have the same removed at the cost of the Licensee in accordance with the procedure laid down in section 33 of the Goa, Daman and Diu Land Revenue Code, 1968 and the Licensee shall not be entitled to any compensation for the removal of the said construction.

3. If the building to which the said construction is attached falls down or is destroyed by fire, earthquake, storm or as a result of civil commotion or by any other cause whatsoever, or is reconstructed, this agreement shall immediately determine; and the Licensee shall not be entitled to claim any right to put a similar construction in respect of any building which may be constructed in lieu of the building fallen or destroyed as aforesaid. On removal of the said construction completely, of which notice shall be given by the Licensee to the Government this agreement shall terminate and the liability of the Licensee for payment of the annual License fee shall cease from the date of removal or from the date of the notice, whichever is subsequent.

4. The Licensee hereby agrees that in the event of his failure to pay the license fee fixed hereunder on the due date, the same may be recovered from him as an arrear of land revenue. IN WITNESS WHEREOF the President of India has caused the Collector of …….. to set his hand and affix his official seal hereto on his behalf and the Licensee has set his hand and seal, if any, hereunto on his behalf the date and year first above written.

THE SCHEDULE ABOVE REFERRED TO

Signed, sealed and delivered by ……………………………

Collector of ………………

in presence of

(1)

(2)

Signed, sealed and delivered by the above named Grantee in in presence of

(1)

(2)

———— * Here specified the date.

237

Manual of Goa Laws (Vol. II) - 1064 - Land Revenue Code and Rules

FORM 'XVII'

(See rule 42)

(To be used when a cess pool is constructed in Government land without previous permission)

THIS AGREEMENT made the............. day of......... One thousand nine hundred and......... between THE PRESIDENT OF INDIA (hereinafter referred to as "the Government"), which expression shall, unless excluded by or repugnant to the context, include his successors in office and assigns of the one part, and Shri................^*.............. inhabitant of................ in the taluka of the.................. district.................... (hereinafter referred to as "the applicant", which expression shall unless excluded by or repugnant to the context include his heirs, executors, administrators and assigns of the other part.

Whereas, the applicant did on or about............. day of....................... construct without the permission of the Government an underground cess pool for statement water in........ square metres of ground (hereinafter referred to as "the said cess-pool") beneath Government (road)+ land, measuring.......... square metres in area, be the same a little more or less, situated in City Survey No………… within the limits of the village of ................. in the taluka of the district, which (road)⁺is more particularly delineated on the site plan hereto annexed, and signed for the purpose of identification by the parties hereto (hereinafter referred to as "the said land"); And whereas, the Government has now agreed to grant the applicant the requisite permission and license to retain the said cess-pool on the conditions hereinafter mentioned. And whereas, the applicant has paid in one lump sum to the Government a sum of rupees.......... (Rs. ) being the commutation at.............. times of the rent of Rs………….. per annum. Now, therefore, this Agreement witnesseth that the Government doth hereby grant such permission and license to the applicant upon the following terms and conditions:

(1) The applicant is hereby permitted to occupy the said land and to keep the said cess-pool for the purpose aforesaid for a period of................^$years only commencing from the.............. day of........... 19......, and consideration thereof the applicant shall pay annually in advance a sum of rupees.............. (Rs. ) to the Government on the..................day of............... in each year, during the aforesaid period.

(2) The applicant shall take necessary precaution to prevent accidents due to any excavation made by him on the said land or other Government land in connection with the construction, or reconstruction of, or any subsequent repairs to, the said cess-pool, by providing suitable fencing by day, and a fencing and lights at night.

(3) The applicant shall, at his own cost, maintain the said cess pool in a proper state of repair, and make good immediately any damage which the existence of the said cess-pool under the said land may through, overflow of water or any other cause whatsoever at any time cause (to the surfacing or side slopes or berms of the said road or) +to the said land, as the case may be. * Caste to be mentioned.

+ To be omitted when the land is not part of a road.

$ To be fixed.

238

Manual of Goa Laws (Vol. II) - 1065 - Land Revenue Code and Rules

(4) The said land or any other Government land which may be dug up for the purpose of repairing or reconstructing the said cess-pool shall be restored by the applicant to its original condition at his expense to the entire satisfaction of the Collector of………. (hereinafter referred to as "the Collector") or his representative and on his failure so to restore the same, it shall be restored by the Collector and the cost of such restoration shall be recovered from the applicant as an arrear of land revenue under the provisions of the Goa, Daman and Diu Land Revenue Code,

1968.

(5) The license granted by this agreement shall be subject to the provisions of the Goa, Daman and Diu Land Revenue Code, 1968 and the rules and orders from time to time made or issued thereunder.

(6) In the event of its being at any time found necessary to carry out any work or to do anything in or upon the said land or other land, which may necessitate the removal and reconstruction of the said cess-pool, the cost of removing and reconstructing the said cess-pool shall be borne by the applicant.

(7) The license hereby granted shall not be construed to create a tenancy in favour of the applicant in respect of the said land or any portion thereof or to give the applicant any legal right or interest in or over any portion of the said land or any claim to retain the said cess-pool under the said land, save as is expressly provided for by this agreement, and the right of the Government to use or dispose of the surface soil of the said land is hereby reserved.

(8) The applicant shall indemnify the Government from all claims, demands, actions, suits or proceedings made or brought by any person against it, and from all costs, charges and expenses which it may have to incur by reason of or due to the exercise by the applicant of any of the privileges arising from the permission hereby given or due to the existence of the said cess-pool under the said land.

(9) The Government shall not be liable for any loss or damage suffered by the applicant on account of the closing of or stopping of, or obstruction to the said cess-pool or any other interference with the right or interests of the applicant in the said cess-pool caused by any member of the public or resulting from any action brought by any such member.

(10) On the expiry of the said period of...............^$years, it shall be entirely at the discretion of the Collector to grant a fresh license to keep the said cess-pool under the said land on such terms as to payment of any money and as to the period of occupation or user thereof as may then be agreed upon.

(11) On the expiration of the said period of..............^$years, this agreement shall cease and determine and the applicant shall, unless he has obtained a fresh license to keep the said cess-pool on or before the expiration of the said period of ……….years……. remove the said cess-pool at his own cost and deliver over the possession of the said land within a period of three months from the date of expiry of the said period of……………….. years, and if the said land has to be dug up for the removal of the said cess-pool, he shall also at his own cost make good any damage and restore the said land to its original condition. In the event of the applicant failing to remove the $ To be fixed.

239

Manual of Goa Laws (Vol. II) - 1066 - Land Revenue Code and Rules said cess-pool and deliver over the possession of the said land as aforesaid, or to make good any damage or to restore the said land to its original condition, the Government shall be at liberty to re-enter on the said land, to take possession thereof, to remove the said cess-pool and to restore the said land to its original condition, as the case may be, at the cost of the applicant. The cost of such removal or restoration, as the case may be, shall be recoverable from the applicant as an arrear of land revenue.

(12) The applicant shall bear the cost of the preparation, execution and stamping of this agreement.

(13) If the applicant or any person acting on his behalf commits a breach of any of the conditions of this agreement hereinabove mentioned, the Collector shall be at liberty to cancel the license hereby granted and to terminate this agreement and thereupon the consequence mentioned in clause (11) above shall follow as if the said period of .........^$years had expired.

(14) If and whenever any part of the sum payable by the licensee under this agreement shall be in arrears, the same shall be recoverable from the applicant as an arrears of land revenue in accordance with the provisions of the Goa, Daman and Diu Land Revenue Code, 1968 and the rules thereunder:

In witness whereof.............. Collector of............... hath................ on behalf of the President of India set his hand and the seal of his office and Shri ……… hath set his hand hereto the day and the year first above written.

Signed, sealed and delivered by-

Collector of

in the presence of Official

Seal

1.

2.

Signed and Delivered by- the abovenamed Shri in the presence of

1.

2.

N.B.: Site plan to be attached. ————

$ To be fixed.

240

Manual of Goa Laws (Vol. II) - 1067 - Land Revenue Code and Rules

FORM 'XVIII'

(See rule 46)

Certificate of grant of land

It is hereby certified that................. A...................... B.................. inhabitant of ……………… village…………..taluka…………. district, has been granted with effect from............................ leasehold occupancy rights in perpetuity.

rights for a period of….. years.

in the land described in the schedule below and situated within the limits of ………………on occupancy price land revenue of payment of of Rs. …………………. and annual Rs. .......... with premium rent effect from......................... for purposes of .................

The grant is subject to the provisions of the Goa, Daman and Diu Land Revenue Code, 1968 occupant

and the Rules made thereunder and to the conditions agree to by the said in the lessee agreement executed by him in this behalf.

SCHEDULE

Survey No. and sub- division No. or C.T.S. Assessment Village Taluka District Area No. or Plot No. or Rent

1 2 3 4 5 6

Dated: Mamlatdar Note:- The certificate shall be prepared in duplicate. One copy shall be given to the occupant/lessee and the other filed with the record of the case.

————

FORM 'XIX'

(See rule 9)

Register of Sanads

Particulars of the land Land Name No. and Serial Assess-granted under the Sanad revenue of the date of No. ment Survey Name of payable to Taluka grantee Village Sanad No. field Area Government

1 2 3 4 5 6 7 8 9

By order and in the name of the Administrator of Goa, Daman and Diu. Dr. J. C. Almeida, Secretary (Revenue).

Panaji, 30th March, 1971.

(Published in the Official Gazette No. 3, Series I dated 15-4-1971).

241

Manual of Goa Laws (Vol. II) - 1068 - Land Revenue Code and Rules

242

Manual of Goa Laws (Vol. II) - 1069 - Land Revenue Code and Rules

A P P E N D I X

243

Manual of Goa Laws (Vol. II) - 1070 - Land Revenue Code and Rules

Revenue Department

—

Notification

No. RD/LND/213/69 In exercise of the powers conferred by sub-section (3) of section 1 of the Goa, Daman and Diu Land Revenue Code, 1968 (Act No. 9 of 1969) the Administrator of Goa, Daman and Diu hereby appoints the sixth day of January 1971, as the date on which the provisions of sections 1, 2 and 199 of the said Code shall come into force, in the Union Territory of Goa, Daman and Diu.

By order and in the name of the Administrator of Goa, Daman and Diu. J. C. Almeida, Secretary (Revenue).

Panaji, 6th January, 1971.

(Published in the Official Gazette, Series I No. 43 dated 21-1-1971). ______

Notification

No. RD/LND/213/69-71/I In exercise of the powers conferred by sub-section (3) of section 1 of the Goa, Daman and Diu Land Revenue Code, 1968 (Act No. 9 of 1969) the Administrator of Goa, Daman and Diu hereby appoints the twentieth day of February 1971, as the date on which the provisions of section 3 of the said Code shall come into force, in the Union Territory of Goa, Daman and Diu.

By order and in the name of the Administrator of Goa, Daman and Diu. J. C. Almeida, Secretary (Revenue).

Panaji, 15th February, 1971.

(Published in the Official Gazette, Series I No. 47 dated 18-2-1971). ________

Revenue Department

—

Notification

No. RD/LRC/57/71 In exercise of the powers conferred by sub-section 1 of the Goa, Daman and Diu Land Revenue Code, 1968 (Act No. 9 of 1969) the Administrator of Goa, Daman and Diu hereby appoints the first day of March, 1971 as the date on which the provisions of

244

Manual of Goa Laws (Vol. II) - 1071 - Land Revenue Code and Rules sections 4 to 198 and 200 to 201 of the said Code shall come into force, in the Union Territory of Goa, Daman and Diu.

By order and in the name of Administrator of Goa, Daman and Diu. J. C. Almeida, Secretary (Revenue).

Panaji, 27the February, 1971.

(Published in the Official Gazette, Series I No. 49 dated 4-3-1971). ________

GOVERNMENT OF GOA, DAMAN AND DIU

Revenue Department

—

Notification

No. RD/LND/213/69-71/II The Goa, Daman and Diu Land Revenue Code, 1968. In exercise of the powers conferred by sub-section (1) of section 3 of the Goa, Daman and Diu Land Revenue Code, 1968 (Act No. 9 of 1969) and of all other powers enabling him in this behalf, the Administrator of Goa, Daman and Diu hereby directs that the Union Territory of Goa, Daman and Diu shall be constituted into the districts, sub- -divisions, talukas and villages as mentioned under columns 2, 3, 4 & 5 respectively in the schedule apprended hereunder:

_______

SCHEDULE I

Sr. No. Districts Sub-Divisions Talukas Villages

1 2 3 4 5

1. Goa 1) Goa 1) Tiswadi 1) Azossim North 2) Ambarim

3) Bambolim

4) Bainguinim

5) Batim

6) Chimbel

7) Chorao

8) Calapor

9) Capao

10) Caraim

11) Carambolim

245

Manual of Goa Laws (Vol. II) - 1072 - Land Revenue Code and Rules

1 2 3 4 5

12) Cumbarjua

13) Corlim

14) Cujira

15) Curca

16) Durgavado

17) Ella

18) Gancim

19) Gandaulim

20) Goalim-Moula

21) Goltim

22) Goa-Velha

23) Jua

24) Morambi-o-Grande (Merces)

25) Morombi-o-Pequeno (Merces)

26) Malar

27) Mandur

28) Mercurim

29) Murda

30) Neura-o-Grande

31) Neura-o-Pequeno

32) Naroa

33) Navelim

34) Panaji

35) Panelim

36) Renovadi

37) Siridao

38) Talaulim

39) Taleigao

2) Bardez 1) Assagao

2) Assonora

3) Aldona

4) Anjuna

5) Arpora

6) Bastora

7) Calangute

8) Calvim

9) Camurlim

10) Canca

11) Candolim

12) Colvale

13) Corjuem

14) Corlim

15) Cunchelim

16) Guirim

17) Mapusa

18) Marna

19) Marra

20) Moira

246

Manual of Goa Laws (Vol. II) - 1073 - Land Revenue Code and Rules

1 2 3 4 5

21) Moitem

22) Nachinola

23) Nadora

24) Nagoa

25) Nerul

26) Olaulim

27) Oxel

28) Paliem

29) Parra

30) Penha de Franca

31) Pilerne

32) Pirna

33) Pomburpa

34) Ponolem

35) Punola

36) Revora

37) Reis Magos

38) Saligao

39) Salavador do Mundo

40) Sangolda

41) Siolim

42) Sircaim

43) Socorro

44) Tivim

45) Ucassaim

46) Verla

3) Pernem 1) Agarvado

2) Amberem

3) Alorna

4) Arambol

5) Chandel

6) Chopdem

7) Cansarvornem

8) Casnem

9) Corgao

10) Dargalim

11) Ibrampur

12) Mandrem

13) Mopa

14) Morgim

15) Ozorim

16) Poroscodem

17) Paliem

18) Parcem

19) Pernem

20) Querim

21) Tamboxem

22) Tiracol

23) Torxem

24) Tuem

25) Uguem

247

Manual of Goa Laws (Vol. II) - 1074 - Land Revenue Code and Rules

1 2 3 4 5

26) Varconda

27) Virnora

4) Bicholim 1) Adwalpale

2) Amone

3) Arvalem

4) Aturli

5) Bordem

6) Bicholim

7) Carapur

8) Cassabe de Sanquelim

9) Cotombi

10) Cudnem

11) Curchirem

12) Dumacem

13) Lamgao

14) Latambarcem

15) Maem

16) Maulinguem North

17) Maulinguem South

18) Mencurem

19) Mulgao

20) Naroa

21) Navelim

22) Ona

23) Pale

24) Piligao

25) Salem

26) Sarvona

27) Sirigao

28) Surla

29) Vainguinim

30) Velguem

31) Virdi

5) Satari 1) Ambeli

2) Ambedem

3) Ansolem

4) Advoi

5) Assodem

6) Anjunem

7) Bombedem

8) Buimpal

9) Birondem

10) Carambolim-Brama

11) Choraundem

12) Codal

13) Caranzol

14) Cumarconda

15) Cudcem

16) Compordem

17) Codiem

248

Manual of Goa Laws (Vol. II) - 1075 - Land Revenue Code and Rules

1 2 3 4 5

18) Codqui

19) Codvoi

20) Carambolim-Buzruco

21) Cotorem

22) Conquirem

23) Dongurli

24) Derodem

25) Davem

26) Dabem

27) Damodem

28) Edorem

29) Gonteli

30) Golauli

31) Govanem

32) Guleli

33) Gululem

34) Ivrem-Buzruco

35) Ivrem-Curdo

36) Morlem

37) Massordem

38) Mauzi

39) Maloli

40) Melauli

41) Malpona

42) Nanus

43) Naguem

44) Nagargao

45) Naneli

46) Nanorem

47) Onda

48) Poriem

49) Podocem

50) Ponsuli

51) Pissurlem

52) Pendral

53) Pale

54) Ponocem

55) Padeli

56) Quelaudem

57) Querim

58) Ravona

59) Rivem

60) Siroli

61) Surla

62) Satrem

63) Sigonem

64) Saleli

65) Satorem

66) Sonal

67) Sanvordem

68) Sonus-Vonvoliem

249

Manual of Goa Laws (Vol. II) - 1076 - Land Revenue Code and Rules

1 2 3 4 5

69) Sanvorcem

70) Siranguli

71) Sirsodem

72) Ustem

73) Valpoi

74) Veluz

75) Vainguinim

76) Vaguriem

77) Velguem

78) Vantem

79) Xelopo Curdo

80) Xelopo-Buzruco

81) Zarani

82) Zormen Goa South 1) Ponda 1) Adcolna

2) Bandora

3) Betora

4) Betqui

5) Boma

6) Borim

7) Candepar

8) Candola

9) Codar

10) Conxem

11) Cuncoliem

12) Cundaim

13) Curti

14) Durbhat

15) Marcaim

16) Nirancal

17) Orgao

18) Ponchavadi

19) Ponda

20) Priol

21) Queula

22) Querim

23) Savoi-Verem

24) Siroda

25) Gangem

26) Telaulim

27) Tivrem

28) Usgao

29) Vadi

30) Vagurbem

31) Velinga

32) Volvoi

2) Sanguem 1) Aglote

2) Antoriem

3) Bandoli

4) Boma

250

Manual of Goa Laws (Vol. II) - 1077 - Land Revenue Code and Rules

1 2 3 4 5

5) Bati

6) Codli

7) Calem

8) Colem

9) Caranzol

10) Camarconda

11) Cormonem

12) Comproi

13) Coranginim

14) Costi

15) Cotarli

16) Curpem

17) Colomba

18) Curdi

19) Cumbari

20) Darbandora

21) Dudal

22) Dongurli

23) Dongor

24) Molem

25) Moissal

26) Maulinguem

27) Muguli

28) Naiquinim

29) Netorli

30) Nundem

31) Oxel

32) Piliem

33) Patiem

34) Potrem

35) Porteem

36) Rumbrem

37) Rivona

38) Sancordem

39) Sangod

40) Sigao

41) Sonauli

42) Salauli

43) Sanguem

44) Santona

45) Sanvordem

46) Sigonem

47) Surla

48) Tudou

49) Uguem

50) Viliena

51) Vichundrem

52) Verlem

53) Xelpem

251

Manual of Goa Laws (Vol. II) - 1078 - Land Revenue Code and Rules

1 2 3 4 5

3) Canacona 1) Agonda

2) Angediva

3) Canacona

4) Chaudi

5) Cola

6) Cotigao

7) Gaodongrem

8) Loliem

9) Nagorcem-Palolem

10) Poinguinim ¹[…]

4) Quepem 1) Amona

2) Avedem

3) Assolda

4) Adnem

5) Ambaulim

6) Bali

7) Bendordem

8) Barcem

9) Chaifi

10) Cotombi

11) Cacora

12) Cavorem

13) Cordem

14) Corla

15) Cazur

16) Curchorem

17) Cusmane

18) Deao

19) Fatorpa

20) Gocoldem

21) Morpila

22) Molcopona

23) Molcarnem

24) Maina

25) Mangal

26) Naquerim

27) Nagvem

28) Odar

29) Padi

30) Pirla

31) Quitol

32) Quedem

33) Quepem

34) Quisconda

35) Sirvoi

36) Sulcorna

37) Tiloi

252

Manual of Goa Laws (Vol. II) - 1079 - Land Revenue Code and Rules

1 2 3 4 5

38) Undorna

39) Xeldem

40) Xelvona

41) Xic-Xelvona

42) Zanodem

5) Salcete 1) Ambelim

2) Adsulim

3) Aquem

4) Assolna

5) Benaulim

6) Betalbatim

7) Chandor

8) Chinchinim 9)²[Gonsua]

10) Calata

11) Camurlim

12) Cana

13) Carmona

14) Cavelossim

15) Cavorim

16) Colva

17) Curtorim

18) Cuncolim

19) Davorlim

20) Deussua

21) Dicarpale

22) Dramapur

23) Duncolim

24) Gaundaulim

25) Guirdolim

26) Loutulim

27) Macasana

28) Majorda

29) Margao

30) Mulem

31) Nagoa

32) Navelim

33) Nuvem

34) Orlim

35) Paroda

36) Raia

37) Rachol

38) Sarzora

39) Sao Jose de Areal

253

Manual of Goa Laws (Vol. II) - 1080 - Land Revenue Code and Rules

1 2 3 4 5

40) Seraulim

41) Sernabatim

42) Sirlim

43) Talvorda

44) Talaulim

45) Utorda

46) Vanelim

47) Varca

48) Velim

49) Verna

50) Varoda

6) Mormugao 1) Arossim

2) Chicalim

3) Chicolna

4) Cortalim

5) Cuelim

6) Cansaulim

7) Dabolim

8) Issorcim

9) [Marmagoa-Port]

10) Pale

11) Quelossim

12) Sao Jacinto Island

13) Sao Jorge Island 14)³[Vasco da Gama]

15) Sancoale

16) Vadem

17) Velsao

2. Daman 1) Bhamati

2) Bhimpore

3) Daman Camp (Campo dos Remedios)

4) Daman Wada (Daman-de- -Cima)

5) Dabhel 6)⁴[Derka]

7) Deva Pardi

8) Dholar

9) Dunetha

10) Jampore

11) Janivankad

12) Jumprim

13) Kachigam

14) [Kadaiya]

15) [Kathiria]

254

Manual of Goa Laws (Vol. II) - 1081 - Land Revenue Code and Rules

1 2 3 4 5

16) Khariwadi

17) [Magarwada]

18) Marwad

19) Moti Daman (Damao Praca)

20) [Naila Pardi]

21) Nani Daman (Damao Pequeno)

22) Palhit

23) Pariari

24) Ringanwada

25) Thana Pardi

26) Varkund

27) Zari

3. Diu 1) Bhucharvada

2) Diu

3) Fudam

4) [Ghoghla]

5) Simbor

6) Vanakbara. Substituted by Corrigendum RD/LND/213/69 dated 28-6-1971. By order and in the name of the Administrator of Goa, Daman and Diu. J. C. Almeida, Secretary (Revenue).

Panaji, 15th February, 1971.

(Published in the Official Gazette, No. 47, Series dated 18-2-1971). __________

Revenue Department —

Notification

16/15/87-RD In exercise of the powers conferred by sub-section (1) of section 3 of the Goa, Daman and Diu Land Revenue Code, 1968 (Act No. 9 of 1969), and of all other powers enabling him in this behalf and in partial modification of Government Notification No. RD/LND/213/69-71/II dated 15-2-1971 published in Official Gazette, Series I No. 47 dated 18-2-1971, the Government of Goa hereby reconstitutes the State of Goa into the districts, sub-divisions and talukas mentioned under columns 2, 3, 4, respectively, in the Schedule appended hereunder:—

255

Manual of Goa Laws (Vol. II) - 1082 - Land Revenue Code and Rules

SCHEDULE

Sr. No. Districts Sub-divisions Talukas

1 2 3 4

1. North Goa Mapusa Bardez Bicholim

Satari

Pernem

Panaji Tiswadi

Ponda Ponda

2. South Goa Margao Salcete Mormugao Mormugao

Quepem

Quepem Sanguem

Canacona

This Notification shall come into force with effect from 15-8-1987. By order and in the name of the Governor of Goa. P. S. Nadkarni, Under Secretary to the Government of Goa, Revenue Department. Panaji, 3rd August, 1987.

(Published in the Official Gazette, Series I No. 19 dated 7-8-1987). _______

Department of Revenue

—

Notification

16/15/87-RD(Part) In exercise of the powers conferred by sub-section (1) of section 3 of the Goa Land Revenue Code, 1968 (Act No 9 of 1969), and all other powers enabling it in this behalf, and in partial modification of the Government Notification No. 16/15/87-RD, dated 3-8-1987, the Government of Goa is pleased to re-constitute the North Goa District into sub-divisions specified in column (2) the Schedule hereto and talukas as specified in column (3) of the said Schedule, with immediate effect.

SCHEDULE

Districts Sub-divisions Talukas

1 2 3

North Goa Mapusa Bardez, Pernem Bicholim Bicholim, Satari Panaji Tiswadi,

Ponda Ponda

By order and in the name of the Governor of Goa. Smt. A. Menezes, Under Secretary (Revenue). Panaji, 19th March, 1998.

(Published in the Official Gazette, Series I No. 2 dated 9-4-1998).

256

Manual of Goa Laws (Vol. II) - 1083 - Land Revenue Code and Rules

Notification

16/15/87-RD (Part) (A) Read:— Government Notification No. 16/15/87-RD (Part), dated: 19-3-1998. In exercise of the powers conferred by sub-section (2) of section 6 of the Goa Land Revenue Code, 1968 (Act No. 9 of 1969) (hereinafter called the "said Code"), the Government of Goa hereby directs that the Bicholim sub-division constituted vide Government Notification No. 16/15/87-RD (Part), dated 19-3-1998, shall be under the charge of the Deputy Collector and Sub-Divisional Officer, Bicholim, for the purpose of the said Code, with immediate effect.

By order and in the name of the Governor of Goa.

Smt. A. Menezes, Under Secretary (Revenue).

Panaji, 19^thMarch, 1998.

(Published in the Official Gazette, Series I No. 2 dated 9-4-1998). ________

Revenue Department

—

Notification

No. RD/LRC/47/71-75 In exercise of the powers conferred by section 4 of the Goa, Daman and Diu Land Revenue Code, 1968 (Act No. 9 of 1969) and in supersession of the Government Notification No. RD/LRC/47/71-I dated 20-2-1971, the Administrator of Goa, Daman and Diu hereby appoints each of the Officers specified in the column 2 of the Schedule hereto annexed, to exercise the powers and discharge the duties and functions of the Revenue and Survey Officers under the Code mentioned against each in the corresponding entry in column 3 within the jurisdiction specified in the corresponding entry in column 4 of the Schedule.

SCHEDULE

257

Manual of Goa Laws (Vol. II) - 1084 - Land Revenue Code and Rules

By order and in the name of the Administrator of Goa, Daman and Diu.

S. R. Arya, Secretary (Revenue).

Panaji, 31st October, 1975.

(Published in the Official Gazette, Series II No. 33 dated 13-11-1975).

* Entry 11 and 12, inserted by Notifications Nos. RD/LRC/47/71/75(1) Part dated 6-10-1981, published in

the Official Gazette, Series II No. 30 dated 22-10-1981 and RD/LRG/47/71(1) part dated 2-4-1984, published

in the Official Gazette, Series II No. 2 dated 12-4-1984.

_______

Notification

No. RD/LRC/47/71/75(1) Part In exercise of the powers conferred by section 4 of the Goa Daman and Diu Land Revenue Code, 1968 (9 of 1969), the Administrator of Goa, Daman and Diu hereby amends the Government Notification No. RD/LRC/47/71/75 dated 31-10-1975 published in Official Gazette, Series II No. 33 dated 13-11-1975 (hereinafter called "the said Notification") as follows, namely:—

In the Schedule appended to the said Notification, after Serial No. 10 and the entries relating thereto, the following Sr. No. and entries shall be inserted, namely:—

258

Manual of Goa Laws (Vol. II) - 1085 - Land Revenue Code and Rules

"11. Enquiry Survey and Mapusa Urban area."

Officer, Mapusa Settlement Officer By order and in the name of the Administrator of Goa, Daman and Diu. S. Reghunathan, Secretary (Revenue).

Panaji, 6th October, 1981.

(Published in the Official Gazette, Series II No. 30 dated 22-10-1981). ________

Notification

No. RD/LRC/47/71/75(1) Part In exercise of the powers conferred by section 4 of the Goa, Daman and Diu Land Revenue Code, 1968 (9 of 1969), the Administrator of Goa, Daman and Diu hereby amends the Government Notification No. RD/LRC/47/71/75 dated 31-10-1975 published in the Official Gazette, Series II No. 33 dated 13-11-1975 (hereinafter called "the said Notification") as following, namely:—

In the Schedule appended to the said Notification, after Serial No. 11 and the entries relating thereto, the following Sr. No. and entries shall be inserted, namely:—

"12. Dy. Collector Deputy Collector Daman District."

of Daman

By order and in the name of the Administrator of Goa, Daman and Diu. M. S. Sail, Under Secretary (Revenue).

Panaji, 2nd April, 1984.

(Published in the Official Gazette, Series II No. 2 dated 12-4-1984). _______

Notification

No. RD/LRC/47/71/75(II) In exercise of the powers conferred by clause (e) of sub-section (1) of section 188 of the Goa, Daman and Diu Land Revenue Code, 1968 (Act No. 9 of 1969) and all other powers enabling him in his behalf, the Administrator of Goa, Daman and Diu hereby notifies the Dy. Collectors/Sub-Divisional Officers North Goa Sub-Division and South Goa Sub-Division, as Appellate Authority for the purpose of disposal of appeals filed against the decisions passed by the Enquiry Officers under the said Code. By order and in the name of the Administrator of Goa, Daman and Diu. S. R. Arya, Secretary (Revenue).

Panaji, 16th May, 1975.

(Published in the Official Gazette, Series II No. 8 dated 22-5-1975). _______

Notification

No. 16/5/95-RD In exercise of the powers conferred by clause (e) of sub-section (1) of section 188 of the Goa Land Revenue Code, 1968 (Act No. 9 of 1969), read with section 21 of the

259

Manual of Goa Laws (Vol. II) - 1086 - Land Revenue Code and Rules General Clauses Act, 1897 (Central Act 10 of 1897), the Government of Goa hereby rescinds the Government Notification No. RD/LRC/47/71/75(II) dated 16-5-1975, published in the Official Gazette, Series II No. 8 dated 22-5-1975, with immediate effect. By order and in the name of the Governor of Goa.

Maria A. Rodrigues, Under Secretary (Revenue).

Panaji, 15th December, 1995.

(Published in the Official Gazette, Series II No. 45 dated 8-2-1996). _______

Revenue Department

—

Notification

No. RD/LRC/47/71-75(i) In exercise of the powers conferred by section 4 of the Goa, Daman and Diu Land Revenue Code, 1968 (Act No. 9 of 1969), and in supersession of the Government Notification No. RD/LRC/47/71-I dated 20-2-1971, the Administrator of Goa, Daman and Diu hereby appoints each of the Officers specified in the column 2 of the Schedule hereto annexed, to exercise the powers and discharge the duties and functions of the Revenue and Survey Officers under Code mentioned against each in the corresponding entry in column 3 within the jurisdiction specified in the corresponding entry in column 4 of the Schedule.

SCHEDULE

Officers under Sr. No. Officers the Code Jurisdiction

1 2 3 4

1. Collector of Goa Collector Director of Settlement Goa District Goa, and Land Records Daman and Diu

2. Collector of Daman Collector Daman District

3. Civil Administrator, Collector Diu District Diu

4. Dy. Collector South Dy. Collector South Goa Goa Sub-Division Sub-Division

5. Dy. Collector Dy. Collector North Goa Sub-Division

6. Director of Land Supdt. of Survey and Land Goa, Daman and Diu Survey Records

Survey and Settlement Officer Goa, Daman and Diu

260

Manual of Goa Laws (Vol. II) - 1087 - Land Revenue Code and Rules

1 2 3 4

Inspector of Surveys and Land Goa, Daman and Diu Records

7. Inspectors of Survey and Settlement Officer Goa, Daman and Diu Cadastral Survey

8. Enquiry Officer, Survey and Settlement Officer Goa District Panaji

9. Enquiry Officer, Survey and Settlement Officer Goa District Vasco-da-Gama

10. Enquiry Officer, Survey and Settlement Officer Goa District Margao

By order and in the name of the Administrator of Goa, Daman and Diu. S. R. Arya, Secretary (Revenue).

Panaji, 31st October, 1975.

(Published in the Official Gazette, Series II No. 33 dated 13-11-1975). _______

Revenue Department

—

Notification

No. RD/LRC/47/71-75(ii) In exercise of the powers conferred by section 4 of the Goa, Daman and Diu Land Revenue Code, 1968 (Act No. 9 of 1969) (hereinafter called as the "said Code"), and in supersession of the Government Notification No. RD/LRC/47/71-II* dated 26-2-1971, the Administrator of Goa, Daman and Diu hereby authorizes the Collector specified under the Government Notification No. LD/LRC/47/71-75(i)* dated 31-10-1975 to appoint within their respective jurisdiction the classes of revenue and survey officers specified in the Schedule appended herewith.

SCHEDULE

1. Mamlatdars including Joint Mamlatdars.

2. Awal Karkuns.

3. Revenue Inspectors.

4. Village Accountants or Talathis. By order and in the name of the Administrator of Goa, Daman and Diu. S. R. Arya, Secretary (Revenue).

Panaji, 7th November, 1975.

(Published in the Official Gazette, Series II No. 34 dated 20-11-1975).

261

Manual of Goa Laws (Vol. II) - 1088 - Land Revenue Code and Rules

Notification

No. 13/1/86-RD (Part file) In exercise of the powers conferred by section 4 of the Goa, Daman and Diu Land Revenue Code, 1968 (Act No. 9 of 1969), read with section 11 of the said Code, the Government hereby appoints the Assistant Survey and Settlement Officer of the Director of Land Survey as Settlement Officer for the purpose of assessment and settlement of land revenue of Agricultural Land and confers on him all the powers of a Settlement Officer as provided in chapter VI of the Code.

By order and in the name of the Governor of Goa.

P. S. Nadkarni, Under Secretary to the Government of Goa, Revenue Department. Panaji, 19^thOctober, 1987.

(Published in the Official Gazette, Series II No. 31 dated 29-10-1997). _______

Office of the Collector North Goa District, Panaji

—

Notification

No. 30-42-90/RB In exercise of the powers conferred by Government Notification No. RD/LRC/47/71-

-75 (ii) dated 7-11-75, read with Section 4 of the Goa Land Revenue Code, 1968, the Collector of North Goa District, hereby appoints the Joint Mamlatdars posted in the Talukas of North Goa District as "Mamlatdars" to discharge the duties and functions of the Revenue and Survey Officers under the said Code within the jurisdiction of respective Talukas in which they are posted, with immediate effect.

Lalmalsawma, Collector of North Goa District.

Panaji, 4^thOctober, 1990.

(Published in the Official Gazette, Series II No. 42 dated 17-1-1991). _______

Revenue Department Office of the Collector of Goa

—

Notification

No. COL/EST/Rev. Code/71/139/I In exercise of the powers conferred by Section 4 of the Goa, Daman and Diu Land Revenue Code, 1968, read with Government Notification No. RD/LRC/47/71-II dated 26-2-1971 published on page 440, Series II, No. 49 of Govt. Gazette dated 5-3-1971, I, Jagdish Sagar, Collector of Goa, on behalf of Government hereby appoint the following

262

Manual of Goa Laws (Vol. II) - 1089 - Land Revenue Code and Rules Officers for the purpose of Land Revenue Code, 1968, in respect of their respective jurisdiction mentioned in column 4 of the schedule:—

SCHEDULE

Jurisdiction in the Saza as Sr. Designation of the Officer and the village Officer under constituted under Order No. No. where working at present the Code RDB/REV/3/1970 dated

30-7-1971

1 2 3 4

Tiswadi Taluka

1. Talathi of Taleigao Talathi Taleigao

2. Talathi of Taleigao Talathi Calapur

3. Talathi of Curca, Bambolim & Talathi Morombi-o-Pequeno Talaulim (Merces)

4. Talathi of Mercurim Talathi Mercurim

5. Talathi of Goa-Velha Talathi Goa-Velha

6. Talathi of Batim Talathi Batim

7. Talathi of Curca, Bambolim & Talathi Curca Talaulim

8. Talathi of Chimbel Talathi Panaji

9. Talathi of Goltim, Navelim Talathi Goltim

10. Talathi of Goltim, Navelim Talathi Malar

11. Talathi of Chimbel Talathi Chimbel

12. Talathi of Jua Talathi Cumbarjua

13. Talathi of Jua Talathi Jua

14. Talathi of Carambolim, Corlim Talathi Carambolim

15. Talathi of Azossim, Mandur, Neura Talathi Mandur

16. Talathi of Chorao Talathi Chorao

Bardez Taluka

1. Talathi of Mapusa Talathi Mapusa

2. Talathi of Mapusa Talathi Cunchelim

3. Talathi of Anjuna Talathi Anjuna

4. Talathi of Assagao Talathi Assagao

5. Talathi of Assonora Talathi Assonora

6. Talathi of Ucassaim, Paliem, Punola Talathi Ucassaim

7. Talathi of Ucassaim, Paliem, Punola Talathi Bastora

8. Talathi of Colvale Talathi Colvale

9. Talathi of Parra Talathi Parra

10. Talathi of Parra Talathi Verla

11. Talathi of Siolim, Marna Talathi Siolim

12. Talathi of Oxel Talathi Oxel

263

Manual of Goa Laws (Vol. II) - 1090 - Land Revenue Code and Rules

1 2 3 4

13. Talathi of Revora, Nadora Talathi Nadora

14. Talathi of Revora, Nadora Talathi Pirna

15. Talathi of Tivim, Sircaim Talathi Tivim

16. Talathi of Aldona Talathi Aldona

17. Talathi of Saligao Talathi Saligao

18. Talathi of Arpora, Nagoa Talathi Arpora

19. Talathi of Calangute Talathi Calangute

20. Talathi of Socorro Talathi Socorro

21. Talathi of Candolim Talathi Candolim

22. Talathi of Guirim, Sangolda Talathi Guirim

23. Talathi of Moira, Nachinola Talathi Moira

24. Talathi of Reis Magos Talathi Reis Magos

25. Talathi of Pomburpa, Olaulim Talathi Pomburpa

26. Talathi of Pilerne, Marna Talathi Pilerne

27. Talathi of Salvador do Mundo Talathi Salvador do Mundo

28. Talathi of Penha de Franca Talathi Penha de Franca

Pernem Taluka

1. Talathi of Tuem, Virnora Talathi Pernem

2. Talathi of Dargalim Talathi Dargalim

3. Talathi of Cansarvornem, Chandel, Talathi Cansarvornem Ozorim and Varconda

4. Talathi of Arambol Talathi Alorna

5. Talathi of Uguem, Poroscodem Talathi Uguem

6. Talathi of Paliem Talathi Paliem

7. Talathi of Corgao Talathi Corgao

8. Talathi of Mandrem Talathi Mandrem

9. Talathi of Parcem Talathi Parcem

10. Talathi of Morjim Talathi Morjim

Bicholim Taluka

1. Talathi of Salem, Menkure, Dumacem Talathi Salem

2. Talathi of Latambarcem, Adwalpale Talathi Latambarcem

3. Talathi of Bordem Talathi Mulgao

4. Talathi of Ona, Maulinguem, Talathi Maulinguem Curchirem

5. Talathi of Maem, Vainguinim Talathi Maem

6. Talathi of Piligao Talathi Bicholim

7. Talathi of Naroa Talathi Piligao

8. Talathi of Sanquelim, Arvalem Talathi Sanquelim

264

Manual of Goa Laws (Vol. II) - 1091 - Land Revenue Code and Rules

1 2 3 4

9. Talathi of Carapur, Sarvona Talathi Carapur

10. Talathi of Cudnem Talathi Cudnem

11. Talathi of Navelim Talathi Navelim

12. Talathi of Surla, Cotombi Talathi Surla

13. Talathi of Pale, Velguem Talathi Pale

14. Talathi of Amona, Virdi Talathi Amona

Satari Taluka

1. Talathi of Nagargao, Karambolim, Talathi Nagargao Brama, Ambedem, Bombedem,

Edorem, Sigonem Xelop-Buzruco,

Naneli

2. Talathi of Sanvordem, Cudcem, Sonal, Talathi Sanvordem Caranzol, Pendral, Cudvol,

Carambolim-Buzruco

3. Talathi of Codqui, Velguem, Siranguli, Talathi Codqui Assodem, Govanem, Malpona, Ambeli,

Xelopo-Curdo, Cotorem

4. Talathi of Valpoi, Massordem, Velus, Talathi Valpoi Satorem

5. Talathi of Mauxi, Compordem, Dabem Talathi Mauxi Zormen

6. Talathi of Dongurli, Choraundem, Talathi Dongurli Icream-Buzruco, Ivrem-Curdo, Golauli, Surla, Rivem Pale

7. Talathi of Davem, Ustem, Maloli, Talathi Davem Nanorem, Codal, Satrem, Derodem

Vainguinim, Sarani

8. Talathi of Birondem, Padeli, Vantem Talathi Birondem

9. Talathi of Guleli, Damocem, Melauli, Talathi Guleli Conquirem

10. Talathi of Nanus, Sanvorcem, Talathi Nanus Ansolem, Nauem

11. Talathi of Onda, Saloli, Buimpal, Talathi Onda Sonus-Vonvoliem

12. Talathi of Pissurlem, Cumarconda, Talathi Pissurlem Codiem, Advoi, Ponocem, Vaguriem

13. Talathi of Poriem, Morlem, Podocem, Talathi Poriem Rovona

14. Talathi of Querim, Gonteli, Siroli, Talathi Querim Anjunem, Quelaudem, Ponsuli,

Gululem

Ponda Taluka

1. Talathi of Betqui Talathi Candola

2. Talathi of Verem Talathi Savoi-Verem

3. Talathi of Boma Talathi Boma

4. Talathi of Tiurem Talathi Querim

265

Manual of Goa Laws (Vol. II) - 1092 - Land Revenue Code and Rules

1 2 3 4

5. Talathi of Velinga, Priol Talathi Priol

6. Talathi of Cundaim Talathi Cundaim

7. Talathi of Marcaim Talathi Marcaim

8. Talathi of Bandora Talathi Bandora

9. Talathi of Usgao Talathi Usgao

10. Talathi of Usgao Talathi Candepar

11. Talathi of Betora Talathi Betora

12. Talathi of Volvoi Talathi Nirancal

13. Talathi of Queula Talathi Queula

14. Talathi of Vadi, Talaulim, Durbhat Talathi Talaulim

15. Talathi of Borim Talathi Borim

16. Talathi of Shiroda Talathi Shiroda

17. Talathi of Ponchavadi Talathi Ponchavadi

Sanguem Taluka

1. Talathi of Sancordem Talathi Sancordem

2. Talathi of Darbandora Talathi Darbandora

3. Talathi of Colem Talathi Colem

4. Talathi of Calem Talathi Calem

5. Talathi of Kirlapale Talathi Sanvordem

6. Talathi of Bati Talathi Sanguem

7. Talathi of Curdi Talathi Curdi

8. Talathi of Netorli Talathi Netorli

9. Talathi of Bati Talathi Bati

10. Talathi of Rivona Talathi Rivona

Canacona Taluka

1. Talathi of Agonda Talathi Agonda

2. Talathi of Agonda Talathi Cola

3. Talathi of Shrishthal Talathi Nagorcem-Palolem

4. Talathi of Shrishthal Talathi Chaudi

5. Talathi of Shrishthal Talathi Canacona

6. Talathi of Poinguinim Talathi Loliem

7. Talathi of Shrishthal Talathi Gaodongrem

8. Talathi of Poinguinim Talathi Poinguinim

Quepem Taluka

1. Talathi of Deao Talathi Quepem

2. Talathi of Sirvoi Talathi Sirvoi

3. Talathi of Molcarnem Talathi Molcarnem

4. Talathi of Cacora Talathi Cacora

266

Manual of Goa Laws (Vol. II) - 1093 - Land Revenue Code and Rules

1 2 3 4

5. Talathi of Curchorem Talathi Curchorem

6. Talathi of Odar Talathi Assolda

7. Talathi of Sirvoi Talathi Xeldem

8. Talathi of Avedem Talathi Avedem

9. Talathi of Ambaulim Talathi Ambaulim

10. Talathi of Bali Talathi Bali

11. Talathi of Fatorpa Talathi Fatorpa

12. Talathi of Barcem Talathi Barcem

13. Talathi of Cavorem Talathi Cavorem

Salcete Taluka

1. Talathi of Verna, Nagoa Talathi Verna

2. Talathi of Loutulim, Camorlim Talathi Loutulim

3. Talathi of Betalbatim & Gonsua Talathi Raia

4. Talathi of Majorda, Utorda, Calata Talathi Majorda

5. Talathi of Nuvem Talathi Nuvem

6. Talathi of Macazana Talathi Curtorim

7. Talathi of Chandor, Guirdolim & Talathi Chandor Cavorim

8. Talathi of Paroda Talathi Paroda

9. Talathi of Davorlim, Dicapale Talathi Margao

10. Talathi of Sao Jose de Areal Talathi Sao Jose de Areal

11. Talathi of Cuncolim, Veroda, Talvorda Talathi Cuncolim

12. Talathi of Ambelim Talathi Velim

13. Talathi of Cavelossim Talathi Carmona

14. Talathi of Sarzora Talathi Sarzora

15. Talathi of Chinchinim, Deussua Talathi Chinchinim

16. Talathi of Varca, Orlim Talathi Varca

17. Talathi of Benaulim, Cana & Adsulim Talathi Benaulim

18. Talathi of Colva, Sernabatim, Vanelim, Talathi Colva Gandaulim, Duncolim & Seraulim

19. Talathi of Navelim, Telaulim Talathi Navelim

20. Talathi of Dramapur Sirlem Talathi Dramapur

Mormugao Taluka

1. Talathi of Shambaji, Vadem, Talathi Shambaji Marmagao Port, Ilha de S. Jorge

2. Talathi of Chicalim, Chicolna, Talathi Chicalim Daboolim, S. Jacinto Island

3. Talathi of Sancoale Talathi Sancoale

4. Talathi of Velsao, Pale, Issorcim Talathi Cansaulim

267

Manual of Goa Laws (Vol. II) - 1094 - Land Revenue Code and Rules

1 2 3 4

5. Talathi of Velsao, Pale, Issorcim Talathi Velsao

6. Talathi of Cortalim, Quelossim Talathi Cortalim Jagdish Sagar, Collector of Goa.

Panaji, 31st August, 1971.

_______

Notification

No. COL/EST/Rev. Code/71-139.II In exercise of the powers conferred by Section 4 of the Goa, Daman and Diu Land Revenue Code, 1968, read with Government Notification No. RD/LRC/47/71-II dated 26-2-1971 published on page 440, Series II, No. 49 of Government Gazette dated 5-3-1971, I, Jagdish Sagar, Collector of Goa, on behalf of Government hereby appoint the following Officers for the purpose of Land Revenue Code, 1968, in respect of their respective jurisdiction mentioned in column 4 of the schedule:—

SCHEDULE

Sr. Designation of the Officer and where Officer under No. working at present the Code Jurisdiction

1 2 3 4

1. Tenancy Aval Karkun, Panaji Aval Karkun Tiswadi Taluka

2. Tenancy Aval Karkun, Mapusa Aval Karkun Bardez Taluka

3. Tenancy Aval Karkun, Pernem Aval Karkun Pernem Taluka

4. Tenancy Aval Karkun, Bicholim Aval Karkun Bicholim Taluka

5. Tenancy Aval Karkun, Valpoi Aval Karkun Satari Taluka

6. Tenancy Aval Karkun, Ponda Aval Karkun Ponda Taluka

7. Tenancy Aval Karkun, Sanguem Aval Karkun Sanguem Taluka

8. Tenancy Aval Karkun, Quepem Aval Karkun Quepem Taluka

9. Tenancy Aval Karkun, Canacona Aval Karkun Canacona Taluka

10. Tenancy Aval Karkun, Margao Aval Karkun Salcete Taluka

11. Tenancy Aval Karkun, Mormugao Aval Karkun Mormugao Taluka Jagdish Sagar, Collector of Goa.

Panaji, 1st September, 1971.

268

Manual of Goa Laws (Vol. II) - 1095 - Land Revenue Code and Rules

Notification

No. COL/EST/Rev. Code/71/139/III In exercise of the powers conferred by Section 4 of the Goa, Daman and Diu Land Revenue Code, 1968, read with Government Notification No. RD/LRC/47/71-II dated 26-2-1971 published on page 440, Series II, No. 49 of Government Gazette dated 5-3-1971, I, Jagdish Sagar, Collector of Goa, on behalf of Government hereby appoint the following Officers for the purpose of Land Revenue Code, 1968, in respect of their respective jurisdiction mentioned in column 4 of the schedule:—

SCHEDULE

Jurisdiction in the circle as Sr. Designation of the Officer and where Officer under the constituted under Order No. working at present Code No. RDB/REV/3/1970

dated 30-7-71

1 2 3 4

1. Circle Inspector, Panaji Revenue Inspector, Panaji

2. Circle Inspector, Panaji Revenue Inspector, Carambolim

3. Circle Inspector, Mapusa Revenue Inspector, Mapusa

4. Circle Inspector, Mapusa Revenue Inspector, Calangute

5. Circle Inspector, Pernem Revenue Inspector, Pernem

6. Circle Inspector, Pernem Revenue Inspector, Mandrem

7. Circle Inspector, Bicholim Revenue Inspector, Bicholim

8. Circle Inspector, Bicholim Revenue Inspector, Sanquelim

9. Circle Inspector, Valpoi Revenue Inspector, Valpoi

10. Circle Inspector, Valpoi Revenue Inspector, Birondem

11. Circle Inspector, Valpoi Revenue Inspector, Poriem

12. Circle Inspector, Ponda Revenue Inspector, Priol

13. Circle Inspector, Ponda Revenue Inspector, Ponda

14. Circle Inspector, Sanguem Revenue Inspector, Colem

15. Circle Inspector, Sanguem Revenue Inspector, Sanguem

16. Circle Inspector, Canacona Revenue Inspector, Chaudi

17. Circle Inspector, Canacona Revenue Inspector, Poinguinim

18. Circle Inspector, Quepem Revenue Inspector, Quepem

19. Circle Inspector, Quepem Revenue Inspector, Bali

20. Circle Inspector, Margao Revenue Inspector, Verna

21. Circle Inspector, Margao Revenue Inspector, Margao

22. Circle Inspector, Margao Revenue Inspector, Cuncolim

23. Circle Inspector, Margao Revenue Inspector, Benaulim

24. Circle Inspector, Mormugao Revenue Inspector, Sambhaji

25. Circle Inspector, Mormugao Revenue Inspector, Cansaulim Jagdish Sagar, Collector of Goa.

Panaji, 1^stSeptember, 1971.

(Published in the Official Gazette, Series II No. 25 dated 16-9-1971).

269

Manual of Goa Laws (Vol. II) - 1096 - Land Revenue Code and Rules

Revenue Department

—

Notification

No. RD/LRC/47/71 In exercise of the powers conferred by Section 198 of the Goa, Daman and Diu Land Revenue Code, 1968 (9 of 1969), the Administrator of Goa, Daman and Diu hereby delegates all the powers and duties conferred on the Collector under Sections 125, 127, 128, 133, 134(3), 135, 137, 145, 153, 159 and 161 of the said Code, to Mamlatdars, subject to condition that Mamlatdars shall exercise the powers and perform the duties of Collector under the said sections only in their respective areas of jurisdiction. By order and in the name of the Administrator of Goa, Daman and Diu. P. S. Bhatnagar, Secretary (Revenue).

Panaji, 30th January, 1972.

(Published in the Official Gazette, Series II No. 15 dated 13-07-1972). _______

Office of the Collector, Daman

—

Order

No. COL/LRC/178/72/1387 In exercise of the powers conferred under sub-section 3 of Section 3 of the Goa, Daman and Diu Land Revenue Code, 1968, it is ordered that the villages mentioned in column (2) of the Schedule appended hereto as constituted by Government under Notification No. RD/LND/213/69-71-II, dated 15^thFebruary, 1971, and subsequent Corrigendum thereto No. RD/LND/213/69 dated 28-6-1971, published in the Government Gazette No. 47 Series I dated 18-2-1971 and No. 15 Series I dated 8-7-71 respectively shall constitute sajas as specified in column (3) and the saja shall constitute circles as specified in column (4) of the said Schedule.

This order shall come into force with effect from 20th February, 1971. ________

SCHEDULE

Taluka Name of Villages Name of Saja Name of Circles

1 2 3 4

Daman Nani Daman Daman Daman Kathiria

Moti Daman

Daman Camp

270

Manual of Goa Laws (Vol. II) - 1097 - Land Revenue Code and Rules

1 2 3 4

Jumprine Bhimpore Bhimpore Vankad

Kadaiya

Devka

Marwad

Dabhel Dabhel Kachigam

Ringanwada

Varkund

Dunetha

Khariwada

Damanwada Damanwada Dholar

Bhamti

Jampore

Pariari

Palit

Naila Pardi

Deva Pardi

Magarwada Magarwada Thana Pardi

Zari

Jagdish Sagar, Collector, Daman. Daman, 8th June, 1972.

(Published in the Official Gazette, Series II No. 13 dated 29-6-1972). _______

Revenue Department

—

Notification

No. 16/1/92-RD (4723) In exercise of the powers conferred by Section 13 of the Goa Land Revenue Code, 1968 (Act 9 of 1969) and in supersession of the Government Notification No. RD/LND/213/69-74 dated 1-2-1974, published in the Official Gazette, Series II No. 45, dated 7-2-1974, the Government of Goa hereby specifies that the following Revenue officers shall use a seal namely:—

(1) Collectors,

271

Manual of Goa Laws (Vol. II) - 1098 - Land Revenue Code and Rules

(2) Additional Collectors,

(3) Director of Settlement and Land Records,

(4) Sub-Divisional Officers/Dy. Collectors,

(5) Superintendent of Survey and Land Records,

(6) Assistant Survey and Settlement Officers,

(7) Inspectors of Survey and Land Records,

(8) Mamlatdars/Joint Mamlatdars,

(9) Enquiry Officers, City Survey,

(10) Mamlatdars for Record of Rights. The seal shall be a brass seal of 2.6 cms. vertical diameter and 5.2 cms. horizontal diameter and shall contain the State Emblem enclosed in oval frame and the words xksok 'kklu shall be above the State Emblem and the words "Government of Goa" shall be below the State Emblem between the inner and outer rims of the frame and the designation of the officer shall be inscribed in Hindi and English below the Emblem. By order and in the name of the Governor of Goa.

Mrs. P. Fernandes, Under Secretary (Revenue).

Panaji, 28th December, 1993.

(Published in the Official Gazette, Series II No. 50 dated 11-3-1994). _______

Revenue Department Office of the Collector of Goa

—

Order

RB/LRC/1/69-II/1065 In supersession of Order No. RB/REV/3/1970 dated 30-7-1971, published in the Government Gazette No. 23 Series I dated 2-9-1971 and Order No. RB/LRC/1/69-75/133 dated 27-1-1975 published in the Government Gazette No. 47 Series I dated 20-2-1975 and in exercise of the powers conferred under sub-section 2 of Section 3 of the Goa, Daman and Diu Land Revenue Code, 1968, it is ordered that the villages mentioned in column (2) of the schedule appended hereto as constituted by Government under Notification No. RD/LND/213/69-71-II dated 15-2-1971 and subsequent corrigendum thereto No. RD/LND/213/69 dated 28-6-1971, published in the Government Gazette No. 47, Series I dated 18-2-1971 and No. 15 Series I dated 8-7-1971 respectively, shall constitute Sazas as specified in column (3) and such Sazas shall constitute Circles as specified in column (4) of the said Schedule.

272

Manual of Goa Laws (Vol. II) - 1099 - Land Revenue Code and Rules This order shall come into force immediately.

SCHEDULE

Taluka Name of the Villages Name of the Sazas Name of the Circles

1 2 3 4

1. Tiswadi 1. Taleigao 1. Taleigao

2. Durgawado

1. Calapor

2. Cujira 2. Calapor

1. Renovadi

2. Murda 3. Morambi-o-Pequeno

3. Morambi-o-Grande (Merces) (Merces)

4. Morambi-o-Pequeno (Merces)

1. Mercurim 4. Mercurim

1. Goa-Velha

2. Siridao 5. Goa-Velha 1. Panaji

1. Batim

2. Gancim 6. Batim 3.Goalim-Moula

1. Bambolim

2. Curca 7. Curca

3. Talaulim

1. Panaji 8. Panaji

1. Goltim 1. Goltim

2. Navelim

1. Malar

2. Naroa 2. Malar

3. Capao

1. Bainguinim

2. Chimbel 3. Chimbel

3. Panelim

1. Cumbarjua 2. Carambolim

2. Gandaulim 4. Cumbarjua

1. Jua 5. Jua

1. Tiswadi 1. Carambolim

2. Corlim 6. Carambolim

3. Ella

1. Azossim

2. Mandur

3. Neura-o-Grande

4. Neura-o-Pequeno 7. Mandur

273

Manual of Goa Laws (Vol. II) - 1100 - Land Revenue Code and Rules

1 2 3 4

1. Tiswadi 1. Chorao 8. Chorao

2. Ambarim 2. Carambolim

3. Caraim

2. Bardez 1. Mapusa 1. Mapusa

2. Corlim

1. Cunchelim 2. Cunchelim

1. Anjuna 3. Anjuna

1. Assagao 4. Assagao

1. Assonora 5. Assonora 2. Moitem

1. Ucassaim

2. Punola 6. Ucassaim

3. Paliem

1. Bastora 7. Bastora

1. Colvale 8. Colvale

2. Parra 9. Parra 1. Mapusa

1. Verla 10. Verla 2. Canca

1. Siolim 11. Siolim

1. Marna 12. Marna

1. Oxel 13. Oxel 2. Camurlim

1. Nadora 14. Nadora 2. Revora

1. Pirna 15. Pirna

1. Tivim

2. Sircaim 16. Tivim

1. Aldona 1. Aldona 2. Calangute

1. Calvim

2. Corjuvem 2. Corjuvem

3. Ponolem

1. Saligao 3. Saligao

274

Manual of Goa Laws (Vol. II) - 1101 - Land Revenue Code and Rules

1 2 3 4

2. Bardez 1. Arpora 4. Arpora

2. Nagoa

1. Calangute 5. Calangute

1. Socorro 6. Socorro

1. Candolim 7. Candolim

1. Guirim 8. Guirim 2. Sangolda

1. Moira 9. Moira 2. Nachinola

1. Reis-Magos

2. Nerul 10. Reis-Magos 2. Calangute

1. Pomburpa 11. Pomburpa 2. Olaulim

1. Pilerne 12. Pilerne 2. Marra

1. Salvador-do Mundo 13. Salvador-do Mundo

1. Penha-de-Franca 14. Penha-de-Franca

3. Pernem 1. Pernem 1. Pernem

1. Dhargalim

2. Tuem 2. Dhargalim

3. Virnora

1. Cansarvornem

3. Cansarvornem

2. Chandel

1. Ozorim

2. Varconda 4. Varconda 1. Pernem

1. Alorna 5. Alorna 2. Ibrampur

1. Uguem

2. Poroscodem 6. Poroscodem

3. Casnem

1. Mopa

2. Amberem

3. Tamboxem 7. Torxem

4. Torxem

275

Manual of Goa Laws (Vol. II) - 1102 - Land Revenue Code and Rules

1 2 3 4

3. Pernem 1. Paliem 1. Paliem

2. Arambol

1. Tiracol

2. Querim 2. Querim

1. Corgao 3. Corgao

1. Mandrem 4. Mandrem 2. Mandrem

1. Parcem 5. Parcem

2. Agarvado

3. Chopdem

1. Morgim 6. Morgim

4. Bicholim 1. Salem 1. Salem

2. Mencurem

3. Dumacem

1. Latambarcem 2. Latambarcem 2. Adwalpale

1. Mulgao 3. Mulgao

2. Sirgao

1. Ona

2. Maulinguem-North 4. Maulinguem-North 1. Bicholim

3. Curchirem

1. Vainguinim

2. Maem 5. Maem

3. Aturli

1. Bicholim 6. Bicholim

2. Bordem

3. Lamgao

1. Piligao 7. Piligao

2. Naroa

1. Cassab e de Sanquelim 1. Sanquelim

2. Maulinguem-South

3. Arvalem

4. Virdi

1. Carapur 2. Carapur

2. Sarvona

1. Cudnem 3. Cudnem 2. Sanquelim

1. Navelim 4. Navelim

1. Surla

2. Cotombi 5. Surla

1. Pale

2. Velguem 6. Pale

1. Amone 7. Amone

276

Manual of Goa Laws (Vol. II) - 1103 - Land Revenue Code and Rules

1 2 3 4

5. Satari 1. Nagargao

2. Karambolim Brama

3. Ambedem

4. Bombedem

5. Edorem 1. Nagargao 1.Valpoi

6. Sigonem

7. Xelop-Buzruco

8. Naneli

1. Sanvordem

2. Cudcem

3. Sonal

4. Caranzol 2. Sanvordem

5. Pendral

6. Codvol

7. Carambolim-Buzruco

1. Codqui

2. Velguem

3. Siranguli

4. Sirsodem 3. Codqui

5. Assodem

6. Xelopo-Curdo

7. Cotorem 1. Valpoi

1. Guleli

2. Damocem 4. Guleli

3. Conquirem

1. Valpoi

2. Massordem 5. Valpoi

3. Velus

4. Satorem

1. Mauzi

2. Compordem 6. Mauzi

3. Dabem

4. Zormen

1. Dongurli

2. Choraundem

3. Ivrem-Buzruco

4. Ivrem-Curdo 7. Dongurli

5. Golauli

6. Surla

7. Rivem

8. Pale

277

Manual of Goa Laws (Vol. II) - 1104 - Land Revenue Code and Rules

1 2 3 4

5. Satari 1. Davem

2. Ustem

3. Maloli

4. Nanorem

5. Codal 8. Davem 1. Valpoi

6. Satrem

7. Derodem

8. Vainguinim

9. Zarani

1. Birondem

2. Padeli 1. Birondem

3. Vantem

1. Govanem

2. Malpona 2. Melauli

3. Ambeli 2. Birondem

4. Melauli

1. Nanus

2. Sanvorcem 3. Nanus

3. Ansolem

4. Naguem

1. Onda

1. Onda

2. Saleli

3. Buimpal

4. Sonus-Vonvoliem

1. Pissurlem 2. Pissurlem

2. Cumarconda

3. Codiem

4. Advoi

5. Ponocem

6. Vaguriem

1. Poriem

2. Morlem 3. Poriem 3. Poriem

3. Podocem

4. Ravona

5. Satari 1. Querim

2. Gonteli

3. Siroli

4. Anjunem 4. Querim

5. Quelaudem

6. Ponsuli

7. Gululem

278

Manual of Goa Laws (Vol. II) - 1105 - Land Revenue Code and Rules

1 2 3 4

6. Ponda 1. Betqui

2. Candola 1. Candola

3. Tivrem

4. Orgao

1. Savoi-Verem

2. Vagurbem 2. Savoi-Verem

3. Volvoi

1. Adcolna 3. Boma 1. Priol

2. Boma

1. Querim 4. Querim

1. Priol 5. Priol

2. Velinga

3. Cuncoliem

1. Cundaim 6. Cundaim

1. Marcaim 7. Marcaim

1. Bandora 8. Bandora

1. Usgao 1. Usgao

2. Gangem

1. Curti 2. Candepar

2. Candepar

1. Betora 3. Betora

2. Codar

1. Nirancal 4. Nirancal

2. Conxem

1. Ponda 5. Queula 2. Ponda

2. Queula

1. Vadi 6. Talaulim

2. Talaulim

3. Durbhat

1. Borim 7. Borim

1. Siroda 8. Siroda

1. Ponchavadi 9. Ponchavadi

7. Sanguem 1. Aglote

2. Sancordem 1. Sancordem

3. Surla

1. Colem

1. Darbandora

2. Piliem 2. Darbandora

3. Sangod

279

Manual of Goa Laws (Vol. II) - 1106 - Land Revenue Code and Rules

1 2 3 4

7. Sanguem 1. Antoriem 3. Sanvordem 1. Colem

2. Coranguinim

3. Comproi

4. Santona

5. Sanvordem

6. Rumbrem

1. Colem 4. Colem

2. Caranzol

3. Molem

4. Sigao

5. Sonauli

1. Boma 5. Calem 1. Colem

2. Calem

3. Costi

4. Dudal

5. Dongurli

6. Maulinguem

7. Oxel

1. Bandoli 1. Colem

2. Camarconda

3. Cormonem 6. Codli

4. Moissal

5. Codli

1. Cotarli

2. Muguli

3. Salauli

4. Sanguem 1. Sanguem

5. Uguem

6. Xelpem

7. Patiem

1. Curpem

2. Curdi 2. Curdi

3. Porteem

1. Netorli 3. Netorli 3. Sanguem

2. Nunden

3. Vichundrem

4. Verlem

1. Bati 4. Bati

2. Cumbari

3. Dongor

4. Naiquinim

5. Potrem

6. Sigonem

7. Tudou

8. Vilena

1. Rivona 5. Rivona

2. Colomba

280

Manual of Goa Laws (Vol. II) - 1107 - Land Revenue Code and Rules

1 2 3 4

8. Canacona 1. Agonda 1. Agonda

1. Cola 2. Cola

1. Nagorcem-Palolem 3. Nagorcem-Palolem 1. Chaudi

1. Chaudi 4. Chaudi

1. Canacona 5. Canacona

1. Angediva 1. Loliem

2. Loliem

1. Cotigao 2. Cotigao 2. Poinguinim

1. Gaodongrem 3. Gaodongrem

1. Poinguinim 4. Poinguinim

9. Quepem 1. Quepem

2. Deao 1. Quepem

3. Cusmane

1. Sirvoi 2. Sirvoi

1. Molcarnem

2. Nagvem

3. Zanodem 3. Molcarnem

4. Undorna

5. Molcopona

1. Cacora 4. Cacora

1. Curchorem 5. Curchorem 1. Quepem

1. Assolda 6. Assolda

2. Xelvona

3. Xic-Xelvona

4. Odar

1. Xeldem 7. Xeldem

2. Amona

1. Avedem

2. Cotombi 8. Avedem

3. Chaifi

1. Ambaulim 1. Ambaulim

1. Bali

2. Cordem

3. Adnem 2. Bali

4. Bendordem 2. Bali

5. Tiloi

1. Fatorpa 3. Fatorpa

2. Quitol

3. Naquerim

4. Morpila

281

Manual of Goa Laws (Vol. II) - 1108 - Land Revenue Code and Rules

1 2 3 4

9. Quepem 1. Barcem

2. Quedem

3. Padi 4. Barcem

4. Gocoldem

5. Quisconda

1. Cavorem 2. Bali

2. Pirla

3. Sulcorna

4. Corla 5. Cavorem

5. Cazur

6. Mangal

7. Maina

10. Salcete 1. Verna 1. Verna

2. Nagoa

1. Loutulim 2. Loutulim

2. Camurlim

1. Raia 3. Raia

2. Rachol

1. Majorda 1. Verna

2. Utorda 4. Majorda

3. Calata

1. Betalbatim

2. Gonsua 5. Betalbatim

3. Seraulim

1. Nuvem 6. Nuvem

1. Curtorim 1. Curtorim

2. Macasana

1. Chandor

2. Guirdolim 2. Chandor

3. Cavorim

1. Paroda 3. Paroda 2. Margao

2. Mulem

1. Margao 4. Margao

1. Sao Jose de Areal

2. Dicarpale

3. Davorlim 5. Davorlim

4. Aquem

282

Manual of Goa Laws (Vol. II) - 1109 - Land Revenue Code and Rules

1 2 3 4

10. Salcete 1. Cuncolim

2. Varoda 1. Cuncolim

3. Talvorda

1. Assolna

2. Ambelim 2.¹[Ambelim]

3. Velim

3. Cuncolim

1. Carmona 3. Carmona

2. Cavelossim

1. Sarzora 4. Sarzora

1. Chinchinim 5. Chinchinim

2. Deussua 1.Varca 1.Varca

2. Orlim

1. Benaulim

2. Cana 2. Benaulim

3. Adsulim

1. Colva

2. Duncolim 4. Benaulim

3. Sernabatim 3. Colva

4. Vanelim

5. Gaundaulim

1. Navelim 4. Navelim

2. Talaulim

1. Dramapur 5. Dramapur

2. Sirlim

11. 1. Mormugao Port Mormugao

2. Sao Jorge-Island 1. Vasco-da-Gama

3. Vasco-da-Gama 1. Vasco-da-

4. Vadem -Gama

1. Chicalim 2. Chicalim

2. Chicolna

3. Dabolim

4. Sao Jacinto Island

1. Sancoale 1. Sancoale

1. Cansaulim 2. Cansaulim 2. Cansaulim

2. Arossim

3. Guelim

283

Manual of Goa Laws (Vol. II) - 1110 - Land Revenue Code and Rules

1 2 3 4

1. Velsao

2. Pale 3. Velsao

3. Issorcim 2. Cansaulim

1. Cortalim 4. Cortalim 2. Quelossim R. Narayanaswami, Collector of Goa. Panaji, 24^thDecember, 1975. (Published in Official Gazette, Series I No. 43 dated 22-1-1976). ________

Revenue Department

—

Notification

RD/LRC/245/69-78 In pursuance of section 130 of the Goa, Daman and Diu Land Revenue Code, 1968 (9 of 1969) the Administrator of Goa, Daman and Diu hereby directs that:—

(1) The cost of arrest shall be according to the following scale:— If the amount of recovery of which arrest is made— Cost Rupees

Does not exceed Rs. 100/- 4-00

Exceeds Rs. 100/- but does not exceed Rs. 500/- 7-00 Exceeds Rs. 500/- but does not exceed Rs. 1000/- 12-00 Exceeds Rs. 1000/- but does not exceed Rs. 5000/- 25-00 Exceeds Rs. 5000/- 40-00

The subsistence money to be paid by the Government to the defaulter under detention or imprisonment shall be such amount not less than Rupees three and not more than Rupees four, as the Collector may fix.

By order and in the name of the Administrator of Goa, Daman and Diu. Egipcio Noronha Rodrigues, Under Secretary (Revenue).

Panaji, 19^thJanuary, 1978.

(Published in the Official Gazette, Series I No. 43 dated 27-1-1978).

284

Manual of Goa Laws (Vol. II) - 1111 - Land Revenue Code and Rules

REVENUE DEPARTMENT

Notification

No. COL/LRC/77-78/3555 In exercise of the powers conferred by section 4 of the Goa, Daman and Diu Land Revenue Code, 1968 read with Government Notification No. RD/LRC/47/71-75/II dated 7-11-75 published on page 284 of the Official Gazette, Series II No. 34 dated 20-11-1975 and in supersession of Notification No. COL/LRC/178/72/1456 dated 17-6-1972 published in Official Gazette, Series II No. 13 dated 8-6-1972, I, Satish Chandra, Collector of Daman, hereby appoint the following officers for the purposes of Land Revenue Code, 1968 in respect of their respective jurisdiction mentioned in column 5 with effect from 5-3-1973.

SCHEDULE

Sr. Taluka Designation of Officer Jurisdiction in the sazas No. the officer and under the

the village Code

where working

at present

1 2 3 4 5

1 Daman Talathi Talathi Daman saza, having jurisdiction over the Daman

following villages: Nani Daman, Kathiria Moti Daman, Daman camp Jumprine

2 Daman Talathi Talathi Dabel Sazas, having jurisdiction over Dabel following villages: Dabel, Kachigam, Ruganwada, Varkand, Dunetha, Khariwadi

3 Daman Talathi Talathi Bhimpore saza, having jurisdiction over Bhimpore following villages: Bhimpore, Jani Vankad Kadiya, Devka, Marwad

4 Daman Talathi Talathi Damanwada saza, having jurisdiction over Damanwada following villages: Damanwada, Dholar, Bhamti, Jampore, Pariari, Palhit, Naila Pardi, Deva Pardi

5 Daman Talathi Talathi Magarwada saza, having jurisdiction over Magarwada following villages: Magarwada, Thana Pardi, Zar.

6 Daman Talathis Talathi Village of Daman Taluka

R. R.

Satish Chandra, Collector, Daman.

285

Manual of Goa Laws (Vol. II) - 1112 - Land Revenue Code and Rules Daman, 1st August, 1978.

(Published in the Official Gazette, Series II No. 27 dated 5-10-1978)

REVENUE DEPARTMENT

Notification

RD/LND/303/75-77 In exercise of the powers conferred by section 198 of the Goa, Daman and Diu Land Revenue Code, 1968 (9 of 1969), the Administrator of Goa, Daman and Diu delegates the powers conferred on the Government under sub-sections (1) and (3) of Section 16 of the said Code to the Collector of Goa, the Collector of Daman and the Civil Administrator Diu, within their respective jurisdiction.

2. The authorities to whom the powers are delegated under this Notification shall exercise the powers so conferred subject to such conditions as may be imposed by the Government from time to time.

By order and in the name of the Administrator of Goa, Daman and Diu.

V. V. Mongia, Secretary (Revenue). Panaji, 4th August, 1978. (Published in the Official Gazette, Series II No. 21 dated 24-8-1978) __________

Revenue Department

__

Notification

No. RD/LRC/CLR/197/71-74 In exercise of the powers conferred by section 192 of the Goa, Daman and Diu Land Revenue Code, 1968 (9 of 1969) as amended upto date, the Administrator of Goa, Daman and Diu hereby specifies the Secretary to the Government of Goa, Daman and Diu, Revenue Department, as the Officer which shall exercise the powers under section 192 of the said Code, with immediate effect.

By order and in the name of the Administrator of Goa, Daman and Diu. E. Noronha Rodrigues, Under Secretary (Revenue).

286

Manual of Goa Laws (Vol. II) - 1113 - Land Revenue Code and Rules Panaji, 4th August, 1978.

(Published in the Official Gazette, Series II No. 20 dated 17-8-1978)

Notification

No. 16/15/90-RD In exercise of the powers conferred by section 198 read with section 192 of the Goa Land Revenue Code, 1968 (Act 9 of 1969), and section 21 of the General Clauses Act, 1897 (Central Act 10 of 1897), the Government of Goa hereby rescinds the Government Notification No. RD/LRC/CLR/197/71-34 dated 4-8-1978, with immediate effect. By order and in the name of the Governor of Goa.

P. S. Nadkarni, Under Secretary (Revenue) to the Government of Goa. Panaji, 4th September, 1990.

[Published in the Official Gazette, Series II No. 27 dated 5-9-1990 (Extraordinary 3)] _______

Notification

16/15/90-RD Read:— Government Notification No. 16/15/90-RD dated 4-9-1990, published in the Official Gazette (Extraordinary No. 3) Series II, No. 22 dated 5-9-1990.

In exercise of the powers conferred by section 198 read with section 192 of the Goa Land Revenue Code, 1968 (Act 9 of 1969), the Government of Goa hereby specifies the Secretary (Revenue) to the Government of Goa, as the Officer who shall also exercise the powers under section 192 of the said Code as and when directed by the Government, with immediate effect.

By order and in the name of the Governor of Goa.

Maria A. Rodrigues, Under Secretary (Revenue).

Panaji, 3rd January, 1996.

(Published in the Official Gazette, Series I No. 40 dated 8-1-1996) _______

Order

30-42-90/RD/1943

287

Manual of Goa Laws (Vol. II) - 1114 - Land Revenue Code and Rules In exercise of the powers conferred under proviso to Section 6 (2) of the Goa Land Revenue Code, 1968, I, Jose Philip, Collector of North Goa District, Panaji, hereby direct that the Deputy Collector and Sub-Divisional Officer, Ponda shall exercise the powers set out in Chapter X of the said Code to the extent of the cases involving an amount of Rs. 50,000/- and above per case with immediate effect.

2. The Deputy Collector and Sub-Divisional Officer, Ponda shall take over the cases involving an amount of Rs. 50,000/- and above from the file of the Mamlatdar, Ponda to his files as provided in Section 169 of the above said case. Similarly, the new cases involving an amount of Rs. 50,000/- and above per case pertaining to his jurisdiction will be taken up by the said Deputy Collector and S. D. O., Ponda.

Jose Philip, Collector (North).

Panaji, 25th September, 1996.

(Published in the Official Gazette, Series I No. 31 dated 31-10-1996) _______

Notification

RD/LND/LRC/318/77 In exercise of the powers conferred by sub-section (2) of section 24 of the Goa, Daman and Diu Land Revenue Code, 1968 (9 of 1969) the Administrator of Goa, Daman and Diu is pleased to declare that occupancies of persons belonging to Scheduled Castes and Scheduled Tribes shall not be transferred except with the previous sanction of the Collector of the respective District.

By order and in the name of the Administrator of Goa, Daman and Diu.

V. V. Mongia, Secretary (Revenue). Panaji, 21st August, 1978. (Published in the Official Gazette, Series II No. 21 dated 24-8-1978) ________

OFFICE OF THE COLLECTOR, DAMAN

Notification

No. COL/LRC/178/72-78/3545

288

Manual of Goa Laws (Vol. II) - 1115 - Land Revenue Code and Rules In exercise of the powers conferred by section 4 of the Goa, Daman and Diu Land Revenue Code, 1968 read with the Government Notification No. RD/LRC/47/71-75/II dated 7-11-75 published in the Official Gazette No. 34. Series II dated 20-11-75 and in supersession of Notification No. COL/LRC/1/72 dated 8-6-72 published in the Official Gazette Series II No. 13 dated 29-6-1978, I, Satish Chandra, Collector, Daman hereby appoint the Officers shown in column 2 of the Schedule annexed hereto to exercise the powers and discharge the duties of Avalkarkun under the Code within the jurisdiction mentioned in column 4, with effect from 5-3-1971.

SCHEDULE

Sr. No. Designation of the Officer Officer under the Code Jurisdiction

1 2 3 4

1 Aval Karkun Aval Karkun Daman Taluka Satish Chandra, Collector, Daman. Daman, 21^stAugust, 1978. (Published in the Official Gazette, Series II No. 27 dated 5-10-1978) ________

OFFICE OF THE COLLECTOR, DAMAN

Notification

No. COL/LRC/178/72-78/3546 In exercise of the powers conferred by section 4 of the Goa, Daman and Diu Land Revenue Code, 1968 read with Government Notification No. RD/LRC/47-71-75/II dated 7-11-75 published in the Official Gazette No. 34 Series II dated 26-11-75, and in supersession of Notification No. COL/LRC/178/72/1387 dated 8-6-72 published in the Official Gazette Series II No. 13 dated 29-6-1972, I, Satish Chandra, Collector, Daman hereby appoint the Officers shown in column 2 of the Schedule annexed hereto to exercise the powers and discharge the duties of a Revenue Inspector under the Code within the jurisdiction mentioned in column 4, with effect from 5-3-1971.

SCHEDULE

Sr. No. Designation of the Officer Officer under the Code Jurisdiction

1 2 3 4

1 Circle Inspector Revenue Inspector Daman Taluka Satish Chandra, Collector of Daman. Daman, 21st August, 1978.

289

Manual of Goa Laws (Vol. II) - 1116 - Land Revenue Code and Rules (Published in the Official Gazette, Series II No. 27 dated 5-10-1978)

Revenue Department

____

Notification

No. RD/LRC/47/71-78 In exercise of the powers conferred by proviso to sub-section (4) of section 6 of the Goa, Daman and Diu Land Revenue Code, 1968 (Act No. 9 of 1969), and all other powers enabling him in this behalf, the Administrator of Goa, Daman and Diu hereby directs that the Additional Collector of Goa, shall exercise the powers and discharge the duties of Collector under the provisions of sections 30, 32, 33 and clause (b) of sub- section (1) and clause (a) of sub-section (2) of section 188 of the said Code within its jurisdiction.

By order and in the name of the Administrator of Goa, Daman and Diu. Xavier de Monte Furtado, Under Secretary (Revenue).

Panaji, 31st October, 1978.

(Published in the Official Gazette, Series II No. 32 dated 9-11-1978) _________

Revenue Department Notification

No. 16-3-80-RD In exercise of the powers conferred by section 4 of the Goa, Daman and Diu Land Revenue Code, 1968 (Act No. 9 of 1969), the Administrator of Goa, Daman and Diu hereby appoints the Enquiry Officer City Survey, Daman, to exercise the powers and discharge the functions of the Survey and Settlement Officer under the Code within the Jurisdiction of Daman District.

By order and in the name of the Administrator of Goa, Daman and Diu. Dr. J. C. Almeida, Secretary (Revenue).

Panaji, 20th March, 1980.

290