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Goa, Daman and Diu Agricultural Tenancy Rules, 1965

Published vide Notification No. TNC/626/65, dated 11 March 1965

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TNC/626/65. - In exercise of the powers conferred by section 61 of the Goa, Daman Diu Agricultural Tenancy Act, 1964, the Government is pleased to make the following Rules.

  1. Short title and commencement.- (i) These Rules may be called the Goa, Daman and Diu Agricultural Tenancy Rules, 1965.

(ii) They shall come into force at once.

  1. Definitions.- In these rules, unless there is anything repugnant to the subject or context:-

(a) "Act" means the Goa, Daman and Diu Agricultural Tenancy Act, 1964;

(b) "Form" means a form appended to these Rules;

(c) "Profits of Agriculture" in respect of any land means the surplus remaining with the cultivator, after the expenses of cultivation including the wages of the cultivator, working on the land are deducted from the gross produce;

(d) "Section" means a section of the Act;

(e) Words and expressions used, but not defined in these rules shall have the meanings assigned to them in the Act.

  1. Time for making application to Mamlatdar under sub-section (4) of section 11.- An application for permission to terminate the tenancy under sub-section (4) of section 11 shall be made by the landlord within 90 days from the date on which the period of the notice given to the tenant under sub-section (2) of section 11 expires.
  2. Form of application for recovery of arrears of rent under sub-section (2) of section 12.- An application for recovery of arrears of rent shall be made by the landlord in Form I.
  3. Manner of giving notices by the Mamlatdar or Tribunal.- Any notice, required to be given by the Mamlatdar or Tribunal under the provisions of the Act or Rules shall be issued in duplicate and served by delivering or tendering, the copy to the person therein named by sending it by registered post A. D. to his address or if such person cannot be found, then by, affixing the copy to some conspicuous place on the land, if any, to which such notice refers and to the Notice Board of the Mamlatdar's office concerned.

[5A. Manner of giving notice under section 13-A(1) and signing readiness to purchase under section 13-A(2). - (1) A landlord intending to sell any land cultivated by a tenant shall give notice of his intention to the tenant in writing in Form I-A. He shall serve this notice on the tenant by delivering or tendering it to him or by sending it by Registered Post acknowledgement due to his last known address. A copy of the notice shall also be sent to the Mamlatdar.

(2) On receipt of a notice under sub-section (1) of section 13-A, the tenant shall signify his readiness to purchase the land in writing in Form I-B within 30 days of the receipt of the notice to the landlord by delivering or tendering it or by sending it by Registered Post acknowledgement due to his last known address. A copy of the letter shall also be sent to the Mamlatdar.

5B. Manner of applying to the Collector under section 13-A (3) and manner of determining price of land under section 13-A (3). - (1) A tenant who finds that the price at which the landlord intends to sell his land is excessive, shall make an application in duplicate to the Collector under sub-section (3) of section 13-A in Form I-C and shall present it to the Collector in person during office hours.

(2) On receipt of such application the Collector shall send a copy of the application to the landlord.

(3) The Collector shall then hold an enquiry after summoning the landlord, the tenant and their witnesses, if any, on a specified day.

(4) On the specified day or on any subsequent day to which the inquiry may be adjourned, the Collector shall take evidence of the parties and after taking into consideration the principles of assessing the market value of the land as laid down in the Land Acquisition Act, 1894, shall pass an order determining the price of the land.

5C. Terms on which a loan may be granted under section 13-A(7). - A loan to be granted to a tenant under sub-section (7) of section 13-A shall be on the following terms, namely:-

(i) the amount of loan shall not exceed seventy five percent of the price of the land at which the tenant is buying the land;

(ii) the tenant shall mortgage the land purchased by him, with the President of India till the entire loan amount and the interest payable thereon is fully paid to the Government;

(iii) the loan shall bear an interest of nine per cent per annum and shall be repaid in ten equal or nearly equal annual instalments before such date as may be fixed by the Collector; the first instalment shall be payable on the expiry of one year from the drawal of loan;

(iv) if an instalment of loan amount and the interest due thereon is paid within the prescribed period, the tenant shall get a rebate of three percent in the rate of interest payable by him at the time of such payment:

(v) the tenant shall not be entitled to the transfer in any way his interest in the land till the loan amount and the interest due thereon is fully repaid;

(vi) if the tenant commits any default in payment of any instalment of the loan amount and the interest due thereon, the balance amount of the loan to be repaid shall become immediately recoverable and Government shall be entitled to sell the land in any manner deemed suitable by the Collector and the balance amount of the loan and the interest shall be recovered from the sale proceeds and the balance, if any, shall be handed over to the defaulting tenant.]

  1. Forms of certificates under section 17 and fees therefore.- (1) The certificate to be granted by the Tribunal under sub-section (5) of section 17 shall be in Form II, and the certificate to be granted under sub-section (6) of the said section shall be in Form III.

(2) The scale of fees payable for a certificate in Form II or III shall be as under-

1. When the value of the site does not exceed Rs. 2,000/- 2 per cent. of the value subject to a minimum of Rs. 2/-
2. When the value of the site does not exceeds Rs. 2,000 (i) For the first Rs. 2,000/- 2½ per cent.
(ii) For the amount in excess of Rs. 2,000/- upto the value of Rs. 10,000/- 1 per cent.
(iii) For the amount in excess of Rs. 10,000/- 2½ per cent.

Any fraction of a hundred rupees of Rs. 51/- or more shall be treated as one hundred rupees and any fraction below Rs. 51/- shall be ignored for calculating the fees.

  1. Form of and period for making application under Section 18.- (1) An application for possession of land or dwelling house under sub-section (1) or (2) of section 18 shall be made in Form IV.

(2) Save as otherwise provided in the Act, the period for making application under section 18 shall be two years from the date on which the right to obtain possession of the land or dwelling house, as the case may be, is deemed to have accrued to the applicant or within one year from the commencement of the Act, whichever is later.

  1. Time for restoration of possession, if the landlord fails to cultivate land personally.- (1) If a landlord, who resumes any land for personal cultivation fails to cultivate the land within the period specified in sub-section (7) of section 20, he shall restore possession of the land to the tenant within three months from the date on which the above period of one year expires.

(2) The period within which tenant may apply under sub-section (8) of section 20 shall be 6 months from the date on which the period specified in sub-section (7) of that section expires.

  1. Manner of apportioning rent on termination of tenancy in respect of part of land leased.- (1) For the purposes of sub-section (9) of section 20, the rent for the area remaining with the tenant shall be determined in the following manner.

(a) The rent shall be calculated at the rate fixed by the Mamlatdar, under section 24 for the village or group of villages or area in which the land is situated for the class of land to which such area belongs.

(b) If the Mamlatdar has not fixed the rate of rent under section 24 and the landlord and tenant do not agree as to the amount of the rent to be paid for such area, the landlord shall make an application in Form V to the Mamlatdar for apportionment of the rent.

(2) On receipt of an application under sub-rule (1) (b) the Mamlatdar shall give a notice to the tenant and after holding an enquiry fix the rent of the area of the land left with the tenant after taking into consideration the following factors-viz.

(a) The total area and kind of the land held by a tenant before the termination of his tenancy of a part of such land and the rent paid by him therefore;

(b) The profits of agriculture of the similar lands in the locality;

(d) The improvements made in the land by the tenant or the landlord.

  1. Manner of conducting enquiries into application for possession of lands.- (1) An application shall be presented to the Mamlatdar or any other Officer authorised by him in this behalf, in person during office hours. An application need not be in any form and where the application presented to the Mamlatdar contains sufficient particulars on a subject matter which appears to fall within the scope of the Act and within his jurisdiction but does not clearly set out the relief, the Mamlatdar shall explain to the person presenting the application the nature of the relief available under the Act and shall enquire whether the applicant desires to obtain any such relief. If the applicant expresses a desire so to obtain relief, the Mamlatdar shall record in his own hand on the application the relief asked for and thereupon the application shall be deemed to be an application under section 46.

(2) Where the application does not contain the particulars specified in section 46, or is unnecessarily prolix, the Mamlatdar shall forthwith examine the applicant on oath and ascertain from him such of the particulars specified in section 46, as are not clearly and correctly stated in the application and shall reduce the examination to writing in the form of an endorsement on an annexure to the application which shall thereupon be deemed to be part of the application. Where the applicant requires time to obtain any of the particulars specified in section 46, the Mamlatdar shall grant him such time as may under all the circumstances appear reasonable.

(3) When the application is presented and has, if necessary, been treated in the manner, specified in sub-rule (2), the Mamlatdar shall require the applicant to subscribe and verify the application in his presence in the manner following or the like effect

"I, A. B. the applicant, do declare that what is stated in this application is true to the best of my information, knowledge and belief"

(4) The Mamlatdar shall endorse the application to the effect that it was duly subscribed and verified. Where the applicant cannot write, the verification may be written for him in the presence of the Mamlatdar in office and he shall affix his mark to his name in token of the authenticity of the verification and the Mamlatdar shall in such case, record that the verification was made in his presence at the request of the applicant and that his mark was so affixed.

(5) The Mamlatdar shall reject the application,

(a) where the applicant declines to make a statement on oath under sub-rule (2); or

(b) where the applicant is willing to make or has made a statement on oath under sub-rule (2), but fails to furnish the particulars specified in section 46 within the time, fixed under sub-rule (2) or altogether; or

(c) where it appears upon the face of the application;

(i) that the property or the relief claimed is not one of the kinds specified in the Act;

(ii) that the cause of action arose at a time more than the prescribed period before the application was presented; or

(d) where the applicant declines to subscribe or verify the application, as required by sub-rule (3) or (4).

(6) Where it appears to the Mamlatdar that the subject of the application is not within his jurisdiction he shall return the application to be presented before the Mamlatdar having jurisdiction, which shall be indicated to the applicant.

(7) Where the application is admissible, the Mamlatdar shall receive and file it. He shall then fix a convenient day and place for trial of the case and shall issue, at the expense of applicant, notice in Form VI to the opponent. He shall then require the applicant to appear with his documents, if any, and summon witnesses, if any, to appear on the day and at the place fixed.

The date to be fixed for the enquiry of the case shall not be earlier than ten days nor later than fifteen days from the day on which the notice is issued except for sufficient reason to be recorded in writing by the Mamlatdar.

The place to be fixed for the enquiry of the case may be in the Mamlatdar's office or at or near the scene of dispute or at any other spot that the Mamlatdar considers convenient to the parties.

(8) Where either party requires any witness to be summoned to appear on the day and at the place fixed, the Mamlatdar shall issue a summons in Form VII for the purpose.

Such summons, shall be issued, in duplicate, duly signed and sealed and shall be served by delivering or tendering the copy to the person therein named or by sending it by registered post A. D. to his address or if such person cannot be found, then by affixing the copy to some conspicuous part of the place, where he ordinarily resides or carries on business and to the Notice Board of the Mamlatdar's office.

The Mamlatdar may issue after recording his reasons, in writing, a warrant in Form VIII for the arrest of any such witness, if at such time he fails to appear and the summons is proved to have been duly served in time to admit of his appearing in accordance therewith and no reasonable excuse is offered for such failure.

The payment of the cost incurred in thus procuring the attendance of witnesses shall be regulated in accordance with the Rules that may from time to time be in force in regard to the attendance of witnesses in subordinate Civil Courts.

(9) Where the applicant fails to attend or to produce his documents, if any, or to adopt measures to procure the attendance of his witnesses, if any, on the day and at the place fixed, the Mamlatdar shall reject the application whether the opponent appears or not unless the opponent admits the claim.

Where the applicant attends, as required by sub-rule (7), but the opponent fails to attend and the Mamlatdar is satisfied from the evidence before him that the notice has been duly served on the opponent and in sufficient time, to enable the opponent to appear and answer on the day fixed in the notice, he shall proceed to hear and decide the application ex-parte:

Provided firstly, that if either party satisfies the Mamlatdar at any time within thirty days from the date of the rejection of an application or of an ex-parte decision that he was prevented by some unavoidable circumstances from attending or from producing his documents or from adopting measures to procure the attendance of his witnesses, as the case may be, the Mamlatdar may issue a notice in Form IX at the expense of the party, concerned, to the opposite party that the party concerned was prevented as alleged, he may rehear the case at such time and place, as he may then fix:

Provided secondly that nothing in the foregoing provisions shall prevent the applicant from withdrawing his application on payment of the opponent's costs.

(10) Wherein the case, mentioned in sub-rule (9) the Mamlatdar is not satisfied from the evidence before him that the notice has been duly served on the opponent and in sufficient time to enable the opponent to appear and answer on the day fixed in the notice, he shall adjourn the trial of the case and issue a fresh notice under sub-rule (7) to the opponent.

Where any witness who has been duly summoned or for whose arrest a warrant has been issued under sub-rule (8) fails to attend on the day and the place fixed the Mamlatdar may, if he considers there is sufficient reason after taking the evidence of those present, adjourn the hearing of the case, from time to time till the attendance of such witness can be enforced.

The Mamlatdar may for any other sufficient reason to be recorded, in writing, adjourn the trial of the case for such time, as he thinks fit, but not ordinarily exceeding ten days.

It shall, however, be the primary duty of the Mamlatdar not to protract the proceedings unnecessarily.

The provisions of sub-rules (8) and (9) shall apply in respect of any day to which the trial of the case may be adjourned under this sub-rule as if such day were the day originally fixed for the trial.

(11) Subject to the provisions of the Act, a minor may sue or be sued, if he is represented by a natural or duly appointed guardian or next friend.

The Mamlatdar may at any stage of the proceedings order that the name of any person to whom possession of the land or any part thereof may have been transferred or the addition of whom as a party appears necessary in order to enable the court effectually and completely to adjudicate upon the issues be added as an applicant or opponent as the circumstances of the case may require:

Provided that no person shall be added as an applicant without his consent:

Provided also that in respect of any person so added, not being a transferee pending the case, the case shall for the purposes of the Act, be deemed to have been instituted on the day, when his name was so added.

In case of the death of any party while the case is pending,

(i) If application is made within one month of such death, the Mamlatdar shall determine summarily who is the legal representative of the deceased party and subject to the provisions of the Act shall enter on record the name of such representative;

(ii) If no such application is made, the case shall abate as regards that party.

Where the Mamlatdar orders the name of any person to be added as opponent or enters on the record the name of any person as the legal representative of a deceased party, the Mamlatdar shall issue to such person a notice, as provided in sub-rule (7) and the trial shall proceed on the date fixed in such notice.

(12) On the date fixed or on any day to which the proceedings may have been adjourned the Mamlatdar shall, subject to sub-rule (9) proceed to hear all the evidence that is then and there before him and to try the relevant issues.

The Mamlatdar may after due notice to and in the presence of the parties summon and examine, as a witness, any person who has not been summoned or produced by any party and may call for and cause to be proved any document which has not been applied for or produced by either of the parties where he considers it expedient in the interest of justice so to do, and may, if he thinks fit, make a personal inspection of the land, in dispute, in the presence of or after due notice to the parties. He shall without unnecessary delay record a memorandum after hearing the parties on the spot, if present, of the relevant facts observe at such inspection. The memorandum shall form part of the record of the case.

The Mamlatdar shall with his own hand, make or sign, a memorandum of the substance of the evidence of each witness as the examination of the witness proceeds, and briefly record his reasons for his finding.

Where the Mamlatdar's finding upon the relevant issues is in favour of the applicant, he shall make such order not being in excess of the powers vested in him by or under the Act, as the circumstances of the case appear to him to require and where his finding is in favour of the opponent he shall dismiss the case. In either case the costs of the suit including the costs of execution, shall follow the decision.

(13) Every order of the Mamlatdar, whether for rejecting or returning an application or whether for allowing or disallowing a claim, steal be endorsed by the Mamlatdar on the application and shall be read out by him in open court, either at once or on some future day, of which due notice shall be given to the parties and brief reasons for the order shall be placed by him on record.

[(14) The Mamlatdar shall dispose of the application within period of one year from the date of service of the notice to the other party.]

  1. Ascertainment of the gross produce.- The gross produce of a land shall be determined under section 23 (2) (iii) with reference to the average yield notified by the Mamlatdar in respect of each of the principal crops in the area on the basis of the actual crop cutting experiments undertaken by the Mamlatdar or any officer of Government or by both in that year in or near that local area:

Provided that in the case in which the landlord and the tenant have agreed to a quantity to be the actual yield of land, and if such yield is less than the gross produce determined as above, then such agreed actual yield shall be deemed to be the gross produce.

  1. Penalty under section 25 for the recovery of rent in contravention of the provisions of section 23 or 24.- Any landlord who recovers rent from his tenant in contravention of the provisions of section 23 or 24 shall be liable to pay by way of penalty to the tenant a sum of money not exceeding twice the excess amount of rent recovered by the landlord from such tenant, the actual penalty being such amount as the Mamlatdar may determine, having regard to all the circumstances of the case.

[12A. The conditions and the manner in which contributions towards the cost of repairs to bunds shall be made by Government. - (1) The contribution towards the cost of repairs to breaches in the bunds protecting a khazan or kher land, payable under the proviso to sub-section (3) of section 26 may be paid by the Government if the following conditions are satisfied:

(a) The bund protecting the khazan or kher land is notified by Government under the proviso to sub-section (3) of section 26 as a protective bund;]

[(b) * * *]

[(c) The Director of Agriculture, Goa, Daman and Diu, Panaji or the Head of the Government Department in charge of Soil Conservation certifies that the repairs have been carried out satisfactorily;

(d) The Director of Agriculture, Goa, Daman and Diu, Panaji or the Head of the Government Department in charge of Soil Conservation certifies the cost of repairs;].

[(1A) The Government's contribution towards the cost of repairs to breaches in the protective bunds shall be to the extent of fifty percent of the cost of repairs subject to the maximum of [6,000/-] per hectare of the protected area].

(2) For the purpose of getting the contribution from the Government towards the cost of repairs to breaches in the bund under the proviso to sub-section (3) of section 26, the person, group of persons or Co-operative Society, which has undertaken the work of repairs to breaches in the bund, shall submit an application to the Mamlatdar stating therein:

(i) the name and address of the applicants;

(ii) the name, if any, and the location of the bund;

(iii) the total area of the lands benefitted by the bund;

(iv) the names and addresses, of the persons, if any, other than the applicants, who have contributed to the cost of repairs to breaches in the bund;

(v) the total length of the bund which was repaired;

(vi) the date on which the work of repairs was commenced and the date on which it was completed;

(vii) brief description of the work done and the materials, if any, used for the repairs;

(viii) the name and address of the contractor, if any, who did the work of repairs and the amount paid to him;

(ix) the total cost of repairs to breaches in the bund;

(x) the cost per hectare of the land benefitted by the work of repairs.

[(3) The application under sub-rule (2) should be accompanied by the following documents;

(i) A certificate from the Director of Agriculture, Goa, Daman and Diu, Panaji or the Head of the Government Department in charge of Soil Conservation certifying the cost of repairs, and

(ii) A certificate from the Director of Agriculture, Goa, Daman and Diu, Panaji or the Head of the Government Department in charge of Soil Conservation certifying that the work of repairs has been done satisfactorily.]

(4) On receipt of the application, the Mamlatdar shall issue a public notice in Form X-A and invite the person(s) interested in the bund or the lands benefitted by the repairs to the land, to submit to him within thirty days from the date of publication of the public notice, objections if any, to the payment by Government under the proviso to sub-section (3) of section 26, of a part of the cost of the repairs to breaches in the bund, to the applicants.

(5) The Public notice shall be published on the notice board in the offices of the Mamlatdar and the Village Panchayat concerned and also affixed at a prominent place on the bund or the lands benefitted by the bund.

(6) After the expiry of the period of thirty days, referred to in sub-rule (5), the Mamlatdar shall consider the objections, if any, received by him and after holding such enquiry as he deems necessary, certify-

(i) the person(s) or Co-operative Society which has/have undertaken the work of repairs to breaches in the bund;

(ii) the total cost of repairs;

(iii) the amount of contribution towards the cost of repairs which is payable by Government under the proviso to sub-section (3) of section 26;

(iv) the names and addresses of persons to whom the payment is to be made;

[and send the proceedings along with the certificate to the Director of Agriculture, Goa, Daman and Diu, Panaji or the Head of the Government Department in charge of Soil Conservation for making payment of the contribution by Government].

(7) On receipt of the proceedings and the certificate, [the Director of Agriculture, Goa, Daman and Diu, Panaji, or the Head of the Government Department in charge of Soil Conservation] shall arrange to pay the amount of the contribution to the recipients mentioned in the certificate.

(8) Where the work of repairs to breaches in a bund is entrusted by the Mamlatdar under sub-section (3A) of section 26 (3) [to the Director of Agriculture of the Government of Goa, Daman and Diu, Panaji or the Head of the Government Department in charge of Soil Conservation shall] after the work is completed, send to the Mamlatdar a certificate giving therein-

(i) the name, if any, and the location of the bund;

(ii) the particulars of the lands benefitted by the bund;

(iii) the total cost of repairs to breaches in the bund; and

(iv) such other information as he deems necessary.

(iii) the total cost of repairs to breaches in the bund; and

(iv) such other information as he deems necessary.

(9) On receipt of a certificate, the Mamlatdar shall decide the total amount of contribution payable by Government under the proviso to sub-section (3) of section 26 and the balance amount of cost of repairs of breaches in bund, which is payable by the persons benefitted by the work of repairs [to the Director of Agriculture, Goa, Daman and Diu, Panaji or the Head of the Government Department in charge of Soil Conservation.]

(10) The balance amount of the cost of repairs determined under sub-rule (9) shall be distributed by the Mamlatdar over all the lands benefitted by the repairs to breaches in the bund, in proportion to the area of land held in actual possession by each person, whether as owner or tenant. The amount so distributed on a land shall be payable as follows:

(a) where the land is in actual possession of a landowner, the entire amount payable in respect of the land shall be payable by the landowner;

(b) where the land is in actual possession of a tenant, the tenant shall be liable to pay five-sixths of the amount payable in respect of the land and the landlord shall be liable to pay the balance amount of one-sixth.

(11) The amount payable by a landowner, landlord or tenant shall be recovered by the Mamlatdar in ten equal or nearly equal annual instalments. The first instalment shall be paid before the 31st December of the year in which crops are raised for the first time after the completion of the work of repairs. The subsequent instalments shall be recovered before the 31st December of the year following.

(12) Interest at the rate of six per cent per annum shall be payable on the installment paid after the period specified in sub-rule (11).

[(13) The duties being discharged by the Mamlatdar, other than those cases in which recovery aspects are to be processed through the Mamlatdars, may also be discharged by the Director of Agriculture, Government of Goa, Daman and Diu or the Head of the Government Department-in-charge of the Soil Conservation Division].

  1. Form of receipt for rent and manner of giving such receipt.- A receipt to be given under sub-section (2) of section 30 for the rent received in respect of any land shall be in Form X.

The receipt shall be given in the language known to the tenant or his authorised agent, who shall sign on a copy thereof in acknowledgement of the correctness of the particulars.

  1. Application for determination of compensation for improvements made by tenants.- An application for determination of compensation for improvements made on the land by a tenant under sub-section (1) of section 32 shall be in Form XI.
  2. Manner of making enquiry and publication of notice under section 36.- (1) Before issuing a notification under sub-section (1) of section 36, a notice shall be issued to the landlord and to the persons in actual possession or occupation of the land in respect of which the declaration under that sub-section is contemplated, directing him to show cause why such declaration should not be made. In that notice, brief reasons for the contemplated action shall be given.

(2) If it appears that the land has remained uncultivated through default of any tenant such notice shall also be given to such tenant.

(3) The notice shall be published in the Official Gazette and a copy of the notice shall be affixed on the Notice Board of the Mamlatdar's office concerned.

(4) The Landlord or the tenant shall be at liberty to adduce any oral or documentary evidence that he may desire in support of his objections. He shall also be heard in person or through pleader if he so desires.

(5) At the conclusion of the enquiry an order shall be passed giving reasons for the final decision and the substance of such order shall also be published in the Official Gazette.

(6) The notice under proviso to clause (b) of sub-section (3) of section 36 shall be published in the Official Gazette and copies of such notice shall also be affixed to the Notice Board of the Mamlatdar office concerned.

[15A. Regulation of standards of efficient cultivation and management. - (1) On the proposal of the Director of Agriculture, the Government shall issue from time to time before and during a cultivation season, directions on the following matters, for being implemented and followed by the tenants in cultivating the land held by them.

(i) The manner in which and the period during which land used for cultivation of paddy and other crops should be levelled and the inner bunds constructed:

(ii) The manner in which and the period during which land used for cultivation of paddy and other crops should be plougher horrowed and puddled;

(iii) The manner in which and the period during which land used for cultivation should be freed of weeds, shrubs and other parasites growing therein;

(iv) The variety of seeds which should be used for the purpose of sowing in different classes of land;

(v) The manner in which the seeds before being sown should be treated for protecting them against pests and diseases;

(vi) The dates on which irrigation tanks, weirs and bandhara should be closed and the dates on which they should be opened to allow water for irrigation and the person who shall be responsibly for the aforesaid operations;

(vii) The manner in which irrigation and drainage channel should be constructed and maintained in good working condition and the time limit within which it should be done;

(viii) Prohibition of cultivation of beds of channels;

(ix) The crops which should be raised and the crops which should not be raised on the bunds and embankments during the kharif season and the manner in which the bunds should be cleared of these crops after the harvest is over;

(x) The manner in which and the period for which saline water should be allowed to be stored in khazan lands.

(2) The Government shall, also from time to time, by notification in the Official Gazette, issue on the advice of the Director of Agriculture directions about (a) the programmes of agricultural operations for cultivation of various crops which should be undertaken by the tenants during each cultivating season in the local area mentioned in such Notification. Such programmes shall be prepared separately for each type of crop; and (b) the terms of employment and the minimum wages which shall be payable to the agricultural labourers, both male and female, for carrying out different cultivating operations in different local areas. While proposing these rates the Government shall consult the Director of Agriculture, the Block Development Officers, the Labour Commissioner and the Village Panchayats, within the area concerned [...].

(3) The directive issued by the Government under sub-rules (1) and (2) shall be given publicity in the respective villages to which they apply by exhibiting these directives on the notice board of the Village Panchayat and at other prominent places in the village, such as temple, church, office of the Comunidade, etc. The directives shall also be given publicity by beat of drums by the Village Panchayat.

(4) The Block Development Officers and the Village Panchayats shall be responsible for ensuring the proper implementation of the directives issued by the Government under this rule.

(5) The Sarpanch of the Village Panchayat shall, suo moto, or on a complaint being made to him by any person in writing or orally about the non-observance of any of the directives issued by the Government under this Rule, immediately cause a Panchanama to be made on the site about the default committed by the tenant. The Panchanama should be made with the help of atleast three independent Panchas and the tenant concerned should be called upon to be present for the Panchanama. If the tenant fails to remain present in spite of the intimation being given to him, the fact should be recorded in the Panchanama.

(6) The Sarpanch shall then forward the Panchanama to the Mamlatdar who shall after giving an opportunity to the tenant to be heard in the matter and after making such further enquiries, if any in this behalf, pass order as he deems fit in accordance with the provisions of sub-section (4) of section 37 of the Goa, Daman and Diu Agricultural Tenancy Act, 1964].

  1. Principles for fixation of rent under sub-sections (2) and (3) of section 38.- The Tribunal shall have due regard to the following factors while fixing annual rent under sub-sections (2) and (3) of section 38.

(i) Value of any service or contribution made towards construction of the sluice gate etc. by-

(a) The landlord or any other person, in whom the right to operate the sluice gate etc. was vested;

(b) The tenant or tenants individually as the case may be;

(ii) The charges, incurred annually by the tenant or tenants individually for maintenance of the sluice gate or other such contrivance and connected bunds or embankments.

(iii) The increase in the annual profits of agriculture in respect of the land and the value of other benefits derived by the tenants individually from the sluice gate etc.

(iv) The income from the fisheries, if any, derived by the landlord or other person immediately before the commencement of the Act or the additional benefit which accrued to the tenant.

  1. Application for construction of water course.- An application under section 39 for the construction of a water course through the land belonging to a neighbouring holder shall be made in Form XII.
  2. Period for execution of agreement and the form of agreement.- (1) After the Mamlatdar has passed an order under sub-section (2) of section 39 directing the neighbouring holder to permit the applicant to construct water course, the applicant shall execute the agreement under clause (vi) of sub-section (2) of section 39 within three months from the date of such order.

(2) Such agreement shall be in Form XIII.

  1. Qualifications of the members and the Chairman and constitution of the Tribunal.- (1) The Chairman and members of the Tribunal shall be appointed by the Government and the appointment shall be notified in the Official Gazette.

(2) The Chairman of the Tribunal shall be a person who is holding or has held a judicial office not lower in rank than that of a Civil Judge or who is qualified to hold that office or who is or has been a legal adviser to the Government of any State or Union Territory or the Central Government for a period of not less than five years.

(3) The other members shall be persons who have experience of not less than five years in administration of law.

  1. Applicant to supply more copies of application.- When an application under section 46, or under sub-rule (9) of Rule 10 is made, the applicant shall forward along with the original application as many true copies thereof as there are opponents act shall also furnish the same number of copies of notices filled in as far as practicable.
  2. Manner of execution of orders under section 48 of the Mamlatdar or the Tribunal or the Collector awarding or restoring possession.- (1) Where the order is for awarding or restoring possession, the Mamlatdar shall give effect thereto by issuing such orders to the village officer or to any subordinate under his control or otherwise as he thinks fit:

Provided that where at the time when an order is recorded for awarding possession of any land, there is a crop on such land, which has been sown by or at the expense of the opponent and the Mamlatdar is satisfied that it has been so sown in good faith, the Mamlatdar may and if the opponent makes an application for the purpose and furnishes sufficient security or deposits a sufficient sum for the payment of the costs of the case shall pass an order staying delivery of possession of such land to the applicant seeking possession thereof, either -

(a) Until the applicant agrees to take the crop at a valuation to be made under the orders of the Mamlatdar according to the value of the crop at such time, including any instalments of the Government assessment which the opponent may have paid for the current year; or

(b) Where the applicant is not willing to take the crop at such valuation, until after the expiration of sufficient time for the crop to be gathered by the opponent.

The amount of any valuation made under clause (a) of the above proviso shall be paid to the opponent through the Mamlatdar:

Provided that no order shall be executed till the expiry of the period of appeal.

(2) Where the Mamlatdar or Tribunal or the Collector awards costs, such costs together with the costs of execution shall be recoverable from the party as arrears of land revenue.

[22. * * *]

  1. Court fees.- (1) Every application made to the Mamlatdar or Tribunal under the Act shall bear Court fee stamps of sixty five paisa and every memorandum of an appeal or an application under the Act made to the Collector, or every memorandum of an appeal made to the Tribunal shall bear Court fee stamps of two rupees.

[(1A) Every appeal or revision application made to the [Administrative Tribunal] under the Act shall bear a Court Fee Stamp of Rs. 5];

(2) Every application made under the Act to the Collector or the Tribunal [or the Administrative Tribunal] for the stay of the execution of any Award or Order against which an appeal or application is made shall bear Court fee stamps of sixty five paisa:

Provided that when an application or appeal is made by a member of a scheduled caste, specified in Part III of the schedule to the Constitution (Scheduled Castes) Order, 1950 or of a scheduled tribe specified in Part III of the Schedule to the Constitution (Scheduled Tribes) Order, 1950 living in an area, notified by Government as backward area, the value of the Court fee stamps payable shall be fifty paise in lieu of sixty five paise, one rupee in lieu of two rupees [and two rupees and fifty paise in lieu of five rupees] respectively mentioned above.

[24. The Tribunal shall in any application, appeal or other proceeding filed before it have all the powers which are vested in a Civil Court under the Code of Civil Procedure 1908].

Form I

(See Rule 4)

Application for recovery of arrears of rent under section 12(2) of the Goa, Daman and Diu Agricultural Tenancy Act, 1964.

To

The Mamlatdar of ............ Name of the applicant .........

Age ........ Profession ...........Place of residence...... Name of the opponent........

Age ......... Profession ........ place of residence ........

Sir,

I do hereby state that I am the landlord and the opponent is my tenant in respect of the following lands.

Taluka Village Survey description Assessment

The opponent is in arrears of the rent from the following years.

Year Rent payable Rent actually received so far Rent in arrears

The total rent in arrears with the opponent for the above years is ... I request you to direct the opponent that above said arrears of rent together with the cost of the proceedings should be paid to me within the stipulated time under section 12 of the Goa, Daman and Diu Agricultural Tenancy Act, 1964.

I enclose the following documents.

(Here give a list of documents)

1...

2...

3...

4...

may be summoned

will be produced

The following are my witnesses, They to attend on the day of the hearing. Place...

Date...

Place...

Yours faithfully, Signature of applicant

[Form I-A]

(See Rule 5-A)

Address:

Date:

Notice under section 13-A(1) of the Goa, Daman and Diu Agricultural Tenancy Act

To,

Shri/Shrimati

Sir/Madam

I am the landlord of the land described below which is being cultivated by you as tenant:

Description of the land

Name of the Village Name of field Survey number, if any Boundaries Area

I intend to sell this land for Rs......

As you are the tenant cultivating the aforesaid land you have the right of first purchase under sub-section (1) of section 13-A of the Goa, Daman and Diu Agricultural Tenancy Act, 1964. In pursuance of the provisions of sub-section (1) of section 13-A of the said Act, I hereby give notice to you to state within ninety days of the receipt of this notice by you, whether you are willing to buy the aforesaid land from me at the aforesaid price of Rs...

You should convey your willingness to buy the land in writing in the manner prescribed under Rule 5A(2) of the Goa, Daman and Diu Agricultural Tenancy Rules, 1965. If you fail to do so, I shall be free to sell the said land to any one at a price not lesser than the specified price.

If you feel that the price quoted by me is excessive, it is open to you to apply to the Collector under sub-section (3) of section 13-A of the said Act, in the manner prescribed in Rule 5B of the said Rules for determining the price of the said land.

Yours faithfully,

Signature of the landlord

Copy forwarded with compliments to the Mamlatdar of.... for information.

Form I-B

(See Rule 5-A)

Address:

Date:

To

Shri/Smt.

Sir/Madam

I am in receipt of your notice dated ... which was received by me on .... and I ...................... *hereby convey my readiness to purchase the land specified in the aforesaid notice at the price of Rs. ..... as specified by you:

......*hereby convey my readiness to purchase the land specified in the aforesaid notice. However, as I find that the price of Rs. .... specified by you for the land.

Is excessive, I am applying

Have applied

 To The Collector of Goa

Deputy Collector

 Sub-division under sub-section (3) of section 13-A of the Goa, Daman and Diu

Agricultural Tenancy Act, 1964 for determining the price of the land.

Yours faithfully,

Signature of the tenant

Copy forwarded with compliments to the Mamlatdar of .... for information.

*Strike out the para which is not applicable.

Form I-C

[See Rule 5-B(1)]

To,

The Collector of .............

Name of the applicant ......

Age ...... Address ..........

Name of the opponent ......

Age .......... Address .......

Sir,

I am the tenant and the opponent is the landlord of the following land :

Taluka Village Name of field Survey No., if any Boundaries

The opponent has served on me on ............... a notice under sub-section (1) of section 13-A of the Goa, Daman and Diu Agricultural Tenancy Act, 1964, intimating his intention to sell the aforesaid land for Rs............

I am willing to pay the land, However, I consider the price of the land quoted by the landlord to be excessive for the following reasons:-

(Here mention briefly the reasons why the price is excessive).

I, therefore hereby apply to you under sub-section (3) of section 13-A of the said Act to determine the price of the said land.

Yours faithfully,

Signature of the Applicant

Form II

(See Rule 6)

Certificate of transfer under section 17 (5) of the Goa, Daman and Diu Agricultural Tenancy Act, 1964

Whereas Shri ... is in occupation of the house site, specified below belonging to Shri .... and whereas, under the provisions of sub-section (5) of section 17 of the Goa, Daman and Diu Agricultural Tenancy Act, 1964 the tribunal, having determined the market value of the site, required the above said Shri .. to deposit an amount of Rs. .. (in words) ......... for the transfer of the said site to him and whereas he has deposited the above said amount.

It is hereby certified that the said site shall be deemed to have been transferred to Shri.... Under the provision of sub-section (5) of section 17 of the said Act.

Description of the house site

Taluka Village Survey description Area Boundaries

Place ......

Date .....

Chairman of the Tribunal

Form III

(See Rule 6)

Certificate of transfer under section 17 (6) of the Goa, Daman and Diu Agricultural Tenancy

Act, 1964.

Whereas Shri ... is in occupation of the house site, specified below belonging to Shri ... and whereas, under the provisions of sub-section (6) of section 17 of the Goa, Daman and Diu Agricultural Tenancy Act, 1964

The former

the later

both have jointly

  has  applied to the Tribunal for a certificate; and whereas,

the value of the land has been agreed to between them at Rs. ..... (in words) ..... and has been paid by the said Shri ..... to Shri .....

It is hereby certified that the said site shall be deemed to have been transferred to Shri... under the provisions of sub-section (6) of section 17 of the said Act and the value agreed upon shall be deemed to be the market value determined by the Tribunal for the purpose of sub-section (5) of section 17 of the said Act.

Description of the house site

Taluka Village Survey description Area Boundaries

Place ........................

Date ..........................

Chairman of the Tribunal

Form IV

(See Rule 7)

Application for possession under section 18 of the Goa, Daman and Diu Agricultural Tenancy Act, 1964

To

The Mamlatdar of .............

Name of the applicant .............

Age ....... Profession ........ Place of residence .......

Name of the opponent .......

Age ..... Profession ...... Place of residence .......

Sir,

I do hereby state that I am entitled to the possession in the property the following circumstances:

Taluka Village Survey description Area Assessment Rs.          Ps. Name of landlord

(Here state the circumstances in full including the date from which the right to obtain possession occurred).

The property is at present in the possession of the opponent. I apply that possession of the property be handed over to me at an early date.

(In case of persons governed by section 8). I agree to become a tenant on the same terms and conditions, as existed before my eviction and as modified the provisions of the Goa, Daman and

Diu Agricultural Tenancy Act, 1964 and to pay to the landlord the arrears of rent, if any due from me under the terms of my tenancy or give sufficient security therefor.

I enclose the following documents:

(Here give a list of documents)

1...

2...

3...

4...

The following are my witnesses. They may be summoned

will be produced

  to attend on the day of the hearing.

Yours faithfully,

Signature of the landlord

Place ..........

Date ..........

Form V

(See Rule 9)

Application for apportionment of rent under section 29(9) of the Goa, Daman and Diu Agricultural Tenancy Act, 1964

To

The Mamlatdar of .........

Name of applicant .........

Age ..... Profession ............. Place of residence .........

Name of opponent ..........

Age ....... Profession ............ Place of residence .......

Sir,

I am the landlord of the following lands:

Taluka Village Survey description Area Boundaries

The opponent was the tenant of these lands and was paying the following rent for these lands:

(Here give details of rent)

I have terminated his tenancy in respect of the following lands under section 20 and obtained their possession under an order of the Mamlatdar under section 18(2)

Taluka Village Survey description Area Boundaries

The opponent has thus now in his possession the following of my lands-

Taluka Village Survey description Area Boundaries

I am prepared to accept the following rent for the above land remaining in his Possession. (Here give the rent acceptable)

I request you to apportion the rent payable for the above land in his possession.

I enclose the following documents- (Here give a list of documents).

The following are my witnesses. They may be summoned

will be produced

  to attend on the day of the hearing.

Yours faithfully,

Signature of the landlord

Place ..........

Date ..........

Form VI

(Rule 10)

Notice to be issued to the opponent under Sub-Rule (7) of Rule 10 of the Goa, Daman and Diu Agricultural Tenancy Rules, 1965

(Seal of the Court)

No. of the case .....

In the Court of the Mamlatdar of ...

Applicant

Opponent

To

Opponent (name, age, profession and place of residence)

Whereas here enter the name, age, profession and place of residence of the applicant) has made an application in the Court against you, a copy of which is attached hereto.

You are hereby summoned to appear in this Court at the Village of ..... in person or by duly authorized agent on the ..... day of ..... at .....O'clock to answer the above named applicant and as the application will be finally disposed of on that day, you must adopt measures to produce your documents and procure the attendance of your witnesses at the hour and place above-fixed; and you are hereby required to take notice that in default of such appearance at the above mentioned time and place the case will be heard and determined in the absence of yourself and your agent.

Give under my hand and the seal of the Court.

Dated this .... Day of.... 19..... Mamlatdar

Note:- If you require your witnesses to be summoned by the Court, you should make an application to that effect to the Court without delay, so as to allow of the service of the summons a reasonable time before the within mentioned date.

Form VII

(Rule 10)

Summons to be issued to a witness under Sub-Rule (8) of Rule 10 of the Goa, Daman and Diu Agricultural Tenancy Rules, 1965

(Seal of the Court)

No. of the case ...

In the Court of the Mamlatdar of ...

Applicant Opponent of

To

(Name, age, profession and place of residence of witness)

Whereas (here enter the name, age, profession and place of residence of the applicant) has made an application in this Court against (here enter the name, age, profession and place of residence of the opponent).

(Here state the particulars of the application) and whereas your attendance is required to give evidence in the above case. You are hereby summoned to appear in this Court at the Village of ..... in person on the day ...of ... at ... o'clock to give your evidence and to bring with you (here give the name of the document(s), the witness is required to produce).

You are hereby required to take notice that in default of such appearance at the above mentioned time and place without reasonable excuse, you shall be subject to the consequences of non-attendance laid down in Rule 2 of order XVI of the Code of Civil Procedure, 1908.

Given under my hand and the seal of the Court.

Dated this ... day of ... 19...

Mamlatdar

Note:- If you are summoned only to produce a document and not to give evidence you shall be deemed to have complied with the summons, if you cause the document to be produced as aforesaid.

Form VIII

(Rule 10)

Warrant of arrest to be issued in respect of a witness under Sub-Rule (8) of Rule 10 of the Goa, Daman and Diu Agricultural Tenancy Rules, 1965

(Seal of the Court)

No. of the case ...

In the Court of the Mamlatdar of ............

Applicant

Opponent

To

Whereas (here give the name, age, profession and place of residence of the witness) has failed to appear in the Court in obedience to the summons issued by this Court, which summons were duly served on him, and no reasonable excuse for such failure has been offered by him, you are hereby ordered to arrest the said ... and to produce him before this Court on or before ........

Given under my hand and the seal of the Court.

Dated this ... day of ... 19 ...

Mamlatdar

Note:- If the said ... gives a personal bond of Rs ... with one surety for the like amount to attend before this Court on the ... day of ...19 ... he may be released forthwith.

Mamlatdar

Dated .........

Form IX

(Rule 10)

Notice to be issued under Sub-Rule (9) of Rule 10 of the Goa, Daman and Diu Agricultural Tenancy Rules, 1965

(Seal of the Court)

No. of the case ...

In the Court of the Mamlatdar of .......

Applicant

Opponent

To

The applicant or opponent as the case may be.

Whereas in the case above specified instituted in this Court the Court ordered

on the ...... day of ...... that ......... and the applicant

opponent

 has, on the day of ..... applied to this Court to rehear the case, on opponent

the grounds specified in the application a copy of which is attached.

This is to give you notice that the said application will be heard and determined on the day of ... at ... o'clock at the village of ... and you are hereby required to take notice that in default of your appearance personally or by agent at the said time and place, the application will be heard and determined in your absence and if granted, a time and place for rehearing the case will then be fixed.

Given under my hand and the seal of the Court.

Dated this ..... day of ..... 19....

Mamlatdar

Form X

(See Rule 13)

Form of receipt

Taluka Village Survey description of the field Area Name of the field, if any Name of the tenant Rent payable Rent actually recovered Total rent recovered during the year
1 2 3 4 5 6 7 8 9

 

Taluka Village Survey description of the field Area Name of the field, if any Name of the tenant Rent payable Rent actually recovered Total rent recovered during the year
1 2 3 4 5 6 7 8 9

 

For the current year..... For the current year .......
For the arrears ..... For the arrears ......
Received today the rent specified in Col. 8 from Shri ..... Received today the rent specified in Col. 8 from Shri .....
Signature of landlord or his authorised agent Signature of landlord or his authorised agent.
Signature or thumb mark of tenant or his authorised agent

Form X-A

[See Rule 12A(3)]

Public Notice

Whereas the person(s)/Co-operative Society mentioned below has/have submitted to me an application under sub-rule (2) of Rule 12-A of the Goa, Daman and Diu Agricultural Tenancy Rules, 1965, for the purpose of getting from the Government under the proviso to sub-section (3) of section 26 of the Goa, Daman and Diu Agricultural Tenancy Act, 1964, the contribution towards the cost of repairs to breaches in the bunds specified in the schedule hereto:

(here specify the names of the applicants)

And whereas it has been stated by them in the said application that the total cost of repairs to the aforesaid bund which was undertaken by them during the period from .......... to ......... was Rs...... and that the same has been paid for by the applicants and the following persons:

(here specify the names of persons other than the applicants who have paid towards the cost of repairs).

Now, therefore, I, Mamlatdar of ............ hereby call upon all persons who are interested in the said bund and the lands benefitted by the said repairs to the bund to inform me in writing before ..... whether they have any objection to the Government making any payment to applicants of the contribution which the Government may decide to pay under the proviso to sub-section (3) of section 26 of the said Act.

Schedule

Name of bund ... Names of the fields benefitted by the repairs to the bund.
Place: Date: Mamlatdar of ..........

[Form XI]

(See Rule 14)

Application for determination of compensation under section 32(1) of the Goa, Daman and Diu Agricultural Tenancy Act, 1964

To

The Chairman of the Tribunal ....

Name of the applicant ...

Age ... Profession ... Place of residence ...

Name of the opponent ...

Age ... Profession ... Place of residence ...

Sir,

I am the tenant and the opponent is the landlord of the following land...

Taluka Village Survey description Area Assessment
 

My tenancy has been terminated by the landlord under the provisions of the Goa, Daman and Diu Agricultural Tenancy Act, 1964.

I have made the following improvements on the said land.

(Here give details of the improvements made)

I request that improvements made by me and their value should be ascertained and the compensation payable by the opponent for these improvements assessed and paid to me.

I enclosed the following documents

(Here give a list of documents)

1 ......

2 ......

3 ......

4 ......

The following are my witnesses. They may be summoned

will be produced

  to attend on the day of the hearing.

Yours faithfully,

Signature of the landlord

Form XII

(See Rule 17)

Application to the Mamlatdar for construction of water course under section 30(1) of the Goa, Daman and Diu Agricultural Tenancy Act, 1964

To

The Mamlatdar of .............................

Name of the applicant .........................

Age ... Profession ....... Place of residence ...

Name of the opponent ...

Age ... Profession ... Place of residence ...

Sir,

I am the holder of the following lands:-

Taluka Village Survey description Assessment Name of landlord

I am entitled to take water for cultivating my land from the following source of water.

(Here give the particulars of the source of water)

For taking this water it is necessary to construct a water course through the following land which is in the possession of or belong to the opponent.

Taluka Village Survey description Assessment Name of landlord

The construction of the water course is necessary for the full and efficient use of my land for agriculture.

I enclose the following documents-

(Here give a list of documents)

I, therefore, request that the opponent may be directed to permit me to construct the water course through the said land.

Place ..........

Date ..........

Yours faithfully,

Signature of the landlord

Form XIII

(See Rule 18)

Agreement for constructing a water course under section 39 of the Goa, Daman and Diu Agricultural Tenancy Act, 1964

This agreement made the ...... day of....... one thousand nine hundred and between Shri ... (hereinafter called the "Applicant"), (which expression shall unless the context does not so admit, include the heirs, executors, administrators and assigns) of the one part and Shri ... of ... (hereinafter called the "neighbouring holder") (which expression shall, unless the context does not so admit, include his heirs, executors, administrators and assigns) of the other part.

Whereas the lands described in the First Schedule hereto is in possession of

belongs to

 the applicant.

And whereas the applicant desires to construct water course through the land described in the in possession of Second Schedule hereto and is

in possession of

belongs to

 the neighbouring holder for the purpose of taking belongs to water for cultivating the applicant's said land.

And whereas the applicant applied to the Mamlatdar of ....... under sub-section (1) of section 39 of the Goa, Daman and Diu Agricultural Tenancy Act, 1964 for permission to construct such water course.

And whereas by an order dated the ... made under the said section (copy of which is set out in the Third Schedule here under-written) the Mamlatdar has decided that.

(1) The neighbouring holder shall permit the applicant to construct water course through the neighbouring holder's said land on the conditions specified in the said order and

(2) The applicant shall pay to the neighbouring holder

(i) Rs. ... as compensation for damage caused to the neighbouring holders said land by reason of construction of water course injuriously affecting such land and

(ii) Rs...... as annual rent.

And whereas it is provided in clause (vi) of sub-section (2) of section 39 of the said Act read with Rule 18 of Goa, Daman and Diu Agricultural Tenancy Rules, 1965 that the applicant shall execute an agreement in favour of the neighbouring holder within three months of the Mamlatdar's said order.

Now, therefore, the applicant doth hereby agree that he shall duly and punctually pay to the neighbouring holder the said compensation and annual rent on the date on which the same become due and payable under the said order and shall duly observe and perform all other conditions specified in the Mamlatdar's said order.

In witness whereof Shri ..... has set his hand hereto the day and year first above written.

Signed and delivered by in the presence of

1.

2.

Signature of the applicant

First Schedule

Second Schedule

Third Schedule

Directives to be followed by tenants in cultivating lands held by them Revenue Department

Orders

RD/TNC/RLS/61/69-75. - In pursuance of the provisions to Rule 15A of the Goa, Daman and Diu Agricultural Tenancy Rules, 1965, the Government is hereby pleased to issue directives on the following matters for being implemented and followed by the tenants in cultivating the lands held by them:-

(i) The fields to be cultivated shall be properly levelled, devoid of stubbles and ploughed and brought to a fine tilth. The fields shall also be sub-divided into convenient plots surrounded by bunds for even distribution of water and also preventing washing away of inputs. These operations shall be conducted before the actual sowing operations are taken up.

(ii) (a) In Kher and Khazan lands (not subject to saline water inundation) and where cultivation of paddy is undertaken by 'Xelli' methods, the fields shall be ploughed immediately after the harvest of the previous crop and the side bunds shall be strengthened before the actual sowing of the crop is taken up.

In case of Khazan lands marginal to river banks and subject to inundation of saline water, preliminaries of cultivation such as ploughing or digging, desilting of drains, maintenance and repairs to the protective bunds, shall be completed, latest by the end of May to ensure better de-salinization of field with the first monsoon showers and to prevent wind and water erosion.

In case of morod lands, the proper tillage shall be initiated as soon as the monsoon sets in i.e. within 15 days from the date of onset of monsoon, so as to prevent any excess of water to be lost by surface run-off.

The pudding operation shall be carried out when paddy is sown by 'row' (germinated seeds) method or by transplanted crop method:

(b) For other seasonal crops such as vegetables, pulses oil-seeds etc. the land shall be ploughed soon after the harvest of the previous crop when there is moisture in the soil, so as to ensure a fine tilth required for a good seed bed. However, the minimum number of ploughing and harrowings, to be attained before sowing of any of the above crops, shall not less than three.

(iii) The directive stipulated in item (ii) above shall invariably be adopted to eradicate weeds and shrubs. However, in low lying areas where humidity prevails removal of weeds shall be under taken either by hand picking (manual labour) or by application of weedicides in consultation with the Zonal Agricultural Officer of the respective area.

(iv) (a) For paddy - Depending upon the nature of topography of the soil, the following varieties of crops of such other varieties as may be recommended by the Diretorate of Agriculture as may be recommended by the Directorate of Agriculture from time to time, shall be raised namely:-

(1) In 'morod' and Kher areas with limited supply or irrigation facilities-short duration crop.

(2) In Kher areas with adequate water facilities and low-lying areas medium and long duration crop;

(3) Tank bed areas sown during kharif season short duration crop;

(4) In low lying areas subjected to prolonged flood- flood resistant variety;

(5) Saline areas-salt resistant varieties.

(b) For seasonal crops - For other seasonal crops, such as vegetables, oilseeds and pulses, any variety suitable for a particular area shall be raised, depending upon the season, availability of reserves and irrigation facilities.

(v) Seeds shall necessarily be treated before sowing by using such organic mercurial compounds as may be recommended by the Directorate of Agriculture.

(vi) Dates for closing and opening of bandharas, tanks and weirs shall be earmarked in consultation with the Zonal Agricultural Officer of the area. The above operation shall be undertaken under the supervision of a person nominated by the Village Panchayat of the area.

(vii) The drainage and irrigation channels shall be maintained in good condition well in advance of the cropping season i.e. by the end of April for Kharif crop and by the end of October for Rabi crop; the above activity shall be accomplished under the supervision of the Rural Engineer of the area.

(viii) The beds and channels, rivulets, rivers etc. shall in no case, be used for cultivation purposes to avoid silting of water course and obstruction to free flow of water.

(ix) Only shallow rooted crops as may be recommended by the Directorate of Agriculture shall be allowed to be raided on bunds, embankments, during kharif season and after the harvest of the crop the stubbles shall be covered by a layer of clay known as 'thor' and 'hupto' which will strengthen the bund.

GAD/74/62/13598. - Whereas the rents of the paddy fields belonging to "Comunidades" and "Mazanias" and leased by public auction have, in many cases, exceeded a just and equitable ceiling. And whereas it is necessary and expedient to give relief to the direct cultivator in relation to the rents payable by him so that such rents do not exceed 50% of the average annual produce.

Now, therefore, in exercise of the powers conferred upon me by clause 2 of the Goa, Daman and Diu (Administration) Removal of Difficulties Order, 1962, and notwithstanding anything contained in any law for the time being in force within this Territory I hereby make the following Order:

In all cases in which the annual rent of paddy field belonging to the "Comunidades" or "Mazanias" exceeds 50% of the assessment as per the schedule of assessment (calculo) already made according to law, the "Comunidade" or "Mazanias" as the case may be, shall not collect any rent in excess of 50% of the annual gross produce as per assessment.

GAD/74/62/15250. - In exercise of the powers conferred upon me by clause 2 of the Goa, Daman and Diu (Administration) Removal of Difficulties Order, 1962 and notwithstanding any law or contract to the contrary now in force in this territory I hereby order that the rent recoverable by any landlord in respect of paddy field either in cash or in kind shall not exceed one half of the total produce of the paddy field.

GAD/74/62/15251. - Whereas the rents of the paddy fields exceeded a just and equitable ceiling. And whereas it is necessary and expedient to give relief to the direct cultivator in regard to the rents payable by him so that such rents do not exceed 50% of the annual gross produce.

Now therefore, in exercise of the powers conferred upon me by clause 2 of the Goa, Daman and Diu (Administration) Removal of Difficulties Order, 1962, and notwithstanding anything contained in any law for time being in force within this Territory, I hereby make the following Order:

  1. In all cases in which annual rent of a paddy field exceeds 50% of the gross produce the owner of the field shall not collect any rent in excess of 50% of the gross produce.
  2. In cases of doubt regarding the gross produce of any field the gross produce of the field shall be fixed by the common accord of the owner and the tenant and in case of disagreement between them the gross produce shall be fixed by the "Administrador do Concelho" whose decision on the dispute shall be final.

[3. All tenants of paddy fields shall be entitled to a reduction of 20% in the rent payable by them to the landlord whether it is paid in cash or in kind].

GAD/74/62/17288. - Whereas the economic stability of the cultivator and his continuity in tenancy of the lands under his cultivation will contribute to an increase in agricultural production and whereas the maintainance of such stability and continuity raises in the Territory of Goa instant agrarian problems which require a careful study by a committee of experts to be appointed in due course and whereas it is necessary to take urgent steps to prevent for the time being the arbitrary eviction of tenants by the landlords.

Now therefor, exercise of the powers conferred by the Goa, Daman and Diu (Administration) Removal of Difficulties Order, 1962 and notwithstanding anything to the contrary contained in any law for the time being in force in this Territory I hereby Order as follows:

  1. Definition.- In this order unless the context otherwise requires the word "tenancy" shall mean and include "parceria agricola" as defined by article 1299 of the Portuguese Civil Code.
  2. No tenant shall be evicted from the land under his cultivation merely on the ground that his tenancy in respect of the said land has expired by the efflux of time.
  3. No surrender or relinquishment of any tenancy shall be valid unless it is made in writing before the "Administrator do Concelho" within whose jurisdiction the subject matter of the tenancy lies. Such surrender or relinquishment shall state the reasons why the surrender or relinquishment is made.
  4. This order shall apply only to leases in respect of paddy fields and areca groves valid and subsisting on or after the 1st July, 1962 and shall apply to suits in respect of such lease filed or pending on or after the 1st July, 1962 and to those filed hereafter.
  5. This order shall be in force for one year from the date of its publication.

GAD-74/62. - The Order No. GAD/74/62/17288 dated 6th November, 1962, published in the Gazette No. 37, Series I, dated 8th November, 1962 should be treated as cancelled and substituted by the Order No. GAD/74/62/17288 dated 14th November, 1962.

GAD/74/62/17288. - Whereas the economic stability of the cultivator and his continuity in the tenancy of the lands under his cultivation will contribute to an increase in agricultural production and whereas the maintenance of such stability and continuity raises in the territory of Goa instant agrarian problems which require a careful study by committee of experts to be appointed in due course and whereas it is necessary to take urgent steps to prevent for the time being the arbitrary eviction of tenants by the landlords.

Now therefore, in exercise of the powers conferred by the Goa, Daman and Diu (Administration) Removal of Difficulties Order, 1962, and notwithstanding anything to the contrary contained in any law for the time being in force in this territory I hereby order as follows:

  1. Definition.- In this order unless the context otherwise requires the word "tenancy" shall mean and include "parceria agricola" as defined by article 1299 of the Portuguese Civil Code.
  2. No tenant shall be evicted from the land under his cultivation merely on the ground that his tenancy in respect of the said land has expired by the efflux of time: Provided always that this order shall in no way affect the right of the landlord to evict the tenant on account of the non-payment of rent or causing damage to property or for any other lawful reason.
  3. No surrender or relinquishment of any tenancy shall be valid unless it is made in writing before the "Administrator do Concelho" within whose jurisdiction the subject matter of tenancy lies. Such surrender or relinquishment shall state the reasons why the surrender or relinquishment is made.
  4. This order shall apply only to leases in respect of paddy fields and areca groves valid and subsisting on or after the 1st July, 1962 and shall apply to suits in respect of such leases filed or pending on or after the 1st July,1962 and to those filed hereafter.
  5. This order shall be in force for one year from the date of its publication.

Order

In its application to Diu, clause 4 of the Order No. GAD/74/62/17288 dated the 14th November, 1962 is hereby amended and shall read as follows:

  1. This order shall apply only to leases valid and subsisting on or after the 1st July, 1962 and shall apply to suits in respect of such leases filed or pending on or after the 1st July, 1962 and to those filed hereafter.

GAD-74-63/25075. - In exercise of powers conferred by the Goa, Daman and Diu (Administration) Removal of Difficulties Order, 1962 and notwithstanding anything to the contrary contained in any law for the time being in force in this Territory, the Lieutenant Governor hereby orders that Order No. GAD/74/62/17288, dated the 14th November, 1962 published in the Government Gazette, No. 38, Series I, dated the 15th November, 1962 shall remain in force till the 15th May, 1964.

GAD-74-64/13740. - In exercise of powers conferred by the Goa, Daman and Diu (Administration) Removal of Difficulties Order, 1962 and notwithstanding anything to the contrary contained in any law for the time being in force in this Territory, the Lieutenant Governor hereby orders that Order No. GAD/74/62/17288 dated 14th November, 1962 published in the Government Gazette No. 38, Series I dated the 15th November, 1962 shall remain in force till the 15th November, 1964.

Whereas the tenants of paddy fields belonging to the Comunidades which were leased at the time when the last public auction of the fields of Comunidade took place for the current period of six years had, by virtue of article 294 clause 6 of the "Codigo das Comunidades" a preferential right to such paddy fields.

And whereas such right was lost to some tenants because of undue increase in rent.

And whereas the right of the direct cultivator who has tilled the land for three successive years immediately preceding the said auction must be protected.

An whereas by the Order No. GAD/74/62/13598 dated 12th September, 1962 the rent of the paddy fields was fixed at half the value of the produce of the paddy field as per the respective assessment (calculo).

Now therefore, in exercise of the powers conferred by the Goa, Daman and Diu (Administration) Removal of Difficulties Order, 1962, and notwithstanding anything to the contrary contained in any law for the time being in force, in this Territory, I hereby order as follows:

  1. The option referred to in para 6 of article 294 of the "Codigo das Comunidades" may be exercised in relation to the plots leased under the said article 294, within the period of 45 days from the date of the publication of this Order.

[*]

  1. Any tenant exercising his preferential rights under clause 1 shall do so by an application made in this behalf to the Administrator das Comunidades within 45 days from the publication of this Order in the Government Gazette.
  2. Tenants exercising the preferential right under this Order may take over possession of the paddy field in respect of which such right is exercised forthwith. Provided that in case of fields bearing two or more crops the tenant who ceases his tenancy shall hand over possession of the field by 30th April, 1963.

Whereas by the Order dated the 5th March, 1963, published in the Government Gazette, Series I dated the 14th March, 1963, persons who were in the tenancy of the paddy fields belonging to Comunidades were given preferential right (direito de opçâo) under article 294 of the "Codigo das Comunidades" in respect of the paddy fields of which they were the tenants and whereas the exercise of the rights given under the said Order dated the 5th March, 1963 will operate harshly against the present lease holders who have no other land under their cultivation and who were cultivating the lands presently under their tenancy, in previous years for a longer period that the persons cultivating them in the year mentioned as "last year" in the said article 294. Now therefore, in exercise of powers conferred by the Goa, Daman and Diu (Administration) Removal of Difficulties Order, 1962 I hereby order that the following proviso shall be added to clause 1 of the said Order dated the 5th March, 1963 published in the Government Gazette dated 14th March, 1963.

"Provided that in case the existing tenant does not have any other land for cultivation or has cultivated the land in respect of which the right of option is given to any other person under clause 1 above, for a period of at least six years after the year 1949, such tenant shall be entitled to retain 50% of the land now held by him, the other 50% being given to the previous tenant exercising his preferential right under clause 1 above".

  1. D. 125/65.- In exercise of the powers conferred by clause 22 of the Goa, Daman and Diu (Administration) Removal of Difficulties Order, 1962 and all other powers enabling in that behalf, I hereby order as follows:

(a) This order shall be called the Protection of Rights of Tenants (Cashewnuts and Arecanuts) Order, 1965.

(b) It shall come into force at once.

  1. In this order, unless the context otherwise requires, "tenant" shall have the same meaning as in the Goa, Daman and Diu Agricultural Tenancy Act, 1964 as if that definition applied to persons holding a lease of arecanut or cashewnut gardens and "landlord" shall be construed accordingly.
  2. (1) Notwithstanding any contract or agreement to the contrary, the tenancy of any person in respect of any arecanut or cashewnut garden shall not be terminated by the landlord, save as provided in sub-paragraph (2).

(2) The landlord may seek to evict a tenant on account of non-payment of rent or for causing damage to property, by presenting an application in that behalf to the Mamlatdar and may evict a tenant after obtaining orders thereon.

  1. No surrender or relinquishment of any right of tenancy shall be valid unless it is approved by the Mamlatdar in writing.
  2. In the matter of rent payable by the tenant to landlord in respect of any cashewnut or arecanut garden, the position obtaining immediately before the issue of this order, shall continue.