The Goa Land Revenue Code, 1968
Goa · state statute
Open in Lexace · Ask the AI about this act---1--- GOVERNMENT OF GOA 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. The Goa 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 State of Goa. 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 en acted 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 Goa 1[***] Land Revenue Code, 1968. (2) It extends to the whole of the 2[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; ---2--- (1C) “appointed day” means the 1st day 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; (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 distri ct 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 emphyteusi s” 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] (14) “Government lessee” means a person holding land from Government under a lease as provided in section 26; ---3--- (15) “group” means all lands in a zone, which in the opinion of the Governme nt 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” mea ns 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, 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 th e 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; ---4--- (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 p urposes 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 cult ivates 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; (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 d ate 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 ---5--- thereof of one or more districts, which, in the opinion of the G overnment 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). 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 po wers 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. ---6--- (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 b y 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: 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 o rders, specify in this behalf. [76A. Duties and Powers of Deputy Collector. — Notwithstanding anything contained in this Code or any order issued by the Collector, reserving his duties, functions and powers bestowed on the Deputy Collector in terms of sub -section (2) of section 6 of this Code unto himself, the Deputy Collector shall be deemed to have performed all the duties and functions and exercised validly, all the powers of the Collector before the date of commencement of the Goa Land Revenue Code (Amen dment and Validation of Proceedings and Orders) Act, 2015, as if such powers were vested in him at all material times under this Code] 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 ---7--- 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 fo r 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 ap pointments of Awal Karkuns, revenue inspectors and village accountants and other village officers and servants shall be notified in the Official Gazette; but the 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 an d 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 the 8[***] Government subj ect 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 prov ided 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 the 9[***] 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 the 10[***] Government or by any person as against the 11[***] 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 or 12[an officer authorised by the Government in this behalf.]. ---8--- (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 conte st 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. (6) Any person shall be deemed to have had due notice of an inquiry or order unde r 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 the 13[***] 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 t o 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 notifi cation, 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 highwa y, 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 Collec tor 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. ---9--- (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. (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 Gazett e 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 th e 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 ot her natural product, wherever growing, except in so far as the same may be the property of any person, shall vest in the 14[***] 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 the 15[***] Government (but not on any land belonging to any person) shall vest in the 16[***] 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 the 17[***] 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 provis ions 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 of 18[***] 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 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 C ollector, 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 ---10--- 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 the 19[***] Government any natural product (not being trees) shall be liable to the Government for the value thereof, and in addition, to a fine not e xceeding 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. 20[19. Recovering value of natural products unauthorisedly removed from certain lands. — Any person who unauth orisedly removes from any land which is set apart for a special purpose, or from any land which is the property of the Government, any natural product (not being trees), shall be liable to the Government for the value thereof, and in addition, shall be lia ble to a penalty not exceeding ten times the value of the natural product so removed. Such value and penalty 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 the 21[***] 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; (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. ---11--- 22. Grant of alluvial land vesting in 22[***] Government.— (1) Where it appears to the Collector that any alluvial land, which vests under any law for the time being in force in the 23[***] 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 t hree 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, f ile 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. (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 Governme nt, 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 the 24[State of Goa], shall not be transferred except with the previous sanction of the 25[Government]. ---12--- (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 26[Government] 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 wit hin, 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 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 suc h 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 Govern ment.— 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 the 27[***] Government, on such terms and conditions as it deems fit. ---13--- 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. 28[Provided that the provisions of this section shall not be applicable to the land in occupation of the Government, Corporation of the City of Panaji, a Municipal Council or a Village Panchayat and land to be used for installation of solar or wind power station.] 29[Provided further that, nothing in this section shall apply to the activity undertaken in pursuance of the permission/licence granted under the Mines and Minerals (Development and Regulation) Act, 1957 (Central Act No. 67 of 1957) and rules made thereunder.] 30[30 A. Land use in relation to certain basalt/stone crusher units. — Notwithstanding anything contained in this Code or any other law for the time being in force or in any contract, judgment, decree or order of any Court of law or any instrument having the force of law, nothing in section 30 shall apply to the land used for operating/functioning of the basalt/stone crusher unit which was operating/functioning as on the 31st day of December, 2007, in pursuance of the valid permission/registration obtained from the Directorate of Mines & Geology, Directorate of Industries, Trade and Commerce and such basalt/stone crusher unit shall be deemed to have bee n lawfully using such land for carrying on the operation of basalt/stone crushing, subject to the condition that such basalt/stone crusher unit pays to the Government land revenue at the rate of rupees one hundred per square metre of such land per annum fo r a period of 10 years from the date of issuance of such registration/permission by the Directorate of Mines & Geology, Directorate of Industries, Trade and Commerce and thereafter at the rate increased by 50% of the rate of land revenue last payable, after every ten years] 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 in jure 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 prescrib ed; 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. ---14--- 32. Procedure for conversion of use of land from one purpose to another.— (1) 31[ If an occupant of land or a tenant of land, which is certified by the Director of Agriculture as not covered under the definition of the term “agricultural land” as defined in the Goa Restriction on Transfer of Agricultural Lan d Act, 2023 (Goa Act 18 of 2023)] 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. 32[Explanation.— For the purposes of this section the “Director of Agriculture” means the Director of the Directorate of Agriculture to the Government of Goa. Note:— The application for permission for conversion of use of land from one purpose to another under this sub -section shall be accompanied with a cer tificate issued by the Director of Agriculture certifying that the land is not covered under the definition of the term “agricultural land” as defined in the Goa Restriction on Transfer of Agricultural Land Act, 2023 (Goa Act 18 of 2023)] (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 behal f by the Government; or 33[refuse the permission applied for, if the certificate issued by the Director of Agriculture certifying that the land is not covered under the definition of the term “agricultural land” as defined in the Goa Restriction on Transfe r of Agricultural Land Act, 2023 (Goa Act 18 of 2023) is not produced by the applicant, 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 s
Excerpt shown. Open the full act in Lexace.
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