Definitions

In this Act unless the context otherwise requires,— (a) “agriculture” includes horticulture and raising of food crops, grass and garden produce but does not include allied pursuits. (aa) “allied pursuits” means rearing or maintaining plough bulls, breeding of livestock, dairy farming, poultry farming, grazing on grounds reserved for the purpose and such other pursuits connected with agriculture, as may be prescribed; (aaa) “Custodian” means the Custodian appointed or deemed to be appointed under section 4, and includes any Deputy or Assistant Custodian of evacuee property; (b) “evacuee” means any person (i) who, on account of liberation of Goa, Daman and Diu, leaves or has, on or after the relevant date, left Goa, Daman and Diu for any place outside India; or (ii) who has after the relevant date transferred to any place outside India, without the previous approval of the Custodian, his assets or any part of his assets situated in Goa, Daman and Diu; or (iii) who, during any time before or after the relevant date, has been residing in any place outside India, and who for that reason was or is unable to occupy, supervise or manage in person his property in Goa, Daman and Diu, or whose property has ceased to be occupied, supervised or managed by any person, or is being occupied, supervised or managed by an unauthorised person: Provided that, unless the Government, for good and sufficient reasons, directs otherwise, no person, of Goa, Daman and Diu origin, shall become an evacuee by virtue of sub-clause (iii), if he had, before the relevant date, migrated to any country outside India and by reason of such migration became a national or domicile of that country. Provided further that no person shall be deemed to be an evacuee if he holds an Indian passport. Explanation I :— For the purposes of this Act, a person shall be deemed to be of Goa, Daman and Diu origin if he or either of his parents or grand parents was born anywhere in India including Goa, Daman and Diu. Explanation II :— “migration” means the departure out of India of any person for the purpose of any employment or with the intention of engaging in any gainful occupation. (c) “evacuee property” means any property of an evacuee (whether held by him as owner, or as a trustee or as a beneficiary, or as a tenant or in any other capacity), and includes any property— (i) which has been obtained by any person from an evacuee after the relevant date, by any mode of transfer unless such transfer has been confirmed by the Custodian; or (ii) which belongs to an intending evacuee and in respect of which a declaration is made under section 21. (d) “Goa, Daman and Diu” means the Union territory of Goa, Daman and Diu; (e) “Government” means the Government of Goa, Daman and Diu; (f) “intending evacuee” means any Portuguese national in Goa, Daman and Diu against whom any intention to settle in any place outside India is established from his conduct or from documentary evidence and who is declared as an intending evacuee under section 18; (ff) “lease” means a transfer of a right to enjoy land, made orally or in writing, by the evacuee for a specified, or unspecified period, and in consideration of rent; (g) “member of the family” of any person means any member of that family who is wholly dependent upon the earning of such person for the provision of the ordinary necessaries of life or who shares with such person in the ordinary expenses of the household to which they jointly belong or who owns property or carries on business jointly with such person; (gg) “mundkar” means a mundkar as defined under the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975 (Act 1 of 1976); (h) “Official Gazette” means the Goa, Daman and Diu Government Gazette; (hh) “person” includes- (i) an individual, (ii) a Hindu undivided family, (iii) a company, (iv) a firm, (v) an association of persons or a body of individuals, whether incorporated or not, (vi) a local authority, and (vii) every artificial juridical person, not falling within any of the preceding sub-clauses; (i) “prescribed” means prescribed by rules made under this Act; (j) “property” means property of any kind and includes any right or interest in such property; (k) “relevant date” means the sixth day of December, 1961; Provided that Government by notification in the Official Gazette fix the 15th day of August, 1954, as the relevant date for any particular class or category of cases; (kk) “rent” means any consideration in money or kind or both, paid or payable by a tenant on account of the use or occupation of the land held by him but shall not include the rendering of any personal service or labour; (kkk) “tenancy” means the relationship existing between the tenant and the Custodian; (kkkk) “tenant” means a person who on or after the date of commencement of the Goa Administration of Evacuee Property (Amendment) Act, 1989, hold land and cultivates it personally but does not include a successful bidder for the purpose of plucking the fruits only; (g) “member of the family” of any person means any member of that family who is wholly dependent upon the earning of such person for the provision of the ordinary necessaries of life or who shares with such person in the ordinary expenses of the household to which they jointly belong or who owns property or carries on business jointly with such person; (gg) “mundkar” means a mundkar as defined under the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975 (Act 1 of 1976); (h) “Official Gazette” means the Goa, Daman and Diu Government Gazette; (hh) “person” includes— (i) an individual, (ii) a Hindu undivided family, (iii) a company, (iv) a firm, (v) an association of persons or a body of individuals, whether incorporated or not, (vi) a local authority, and (vii) every artificial juridical person, not falling within any of the preceding sub-clauses; (i) “prescribed” means prescribed by rules made under this Act; (j) “property” means property of any kind and includes any right or interest in such property; (k) “relevant date” means the sixth day of December, 1961; Provided that Government by notification in the Official Gazette fix the 15th day of August, 1954, as the relevant date for any particular class or category of cases; (kk) “rent” means any consideration in money or kind or both, paid or payable by a tenant on account of the use or occupation of the land held by him but shall not include the rendering of any personal service or labour; (kkk) “tenancy” means the relationship existing between the tenant and the Custodian; (kkkk) “tenant” means a person who on or after the date of commencement of the Goa Administration of Evacuee Property (Amendment) Act, 1989, hold land and cultivates it personally but does not include a successful bidder for the purpose of plucking the fruits only; (l) “unauthorised person” means any person (whether duly empowered in this behalf by the evacuee or otherwise) who, after the relevant date, has been occupying, supervising or managing the property of an evacuee without the approval of the Custodian but does not include a Mundkar or tenant or deemed purchaser. (m) The words, terms and definitions not defined under the Act shall have the same meaning assigned to them under the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975 (Act of 1976). (1) Where any immovable property is to be sold by auction, it shall be sold through an Officer appointed or auctioneer approved by the Government. (2) The terms and conditions on which auctioneers may be appointed shall, from time to time, be determined by the Government. (3) The Custodian or any Officer authorised by him in his behalf shall cause a proclamation of the intended sale to be made in English or Marathi or Konkani in the District of Goa and English Gujrati in the District of Daman and Diu. (4) Notice of the intended sale shall be given 30 days before the proposed sale and every such notice shall set the date, time and place of proposed sale, the description of the immovable property to be sold, its locations and boundaries where possible the terms and conditions of sale any other particulars which the Custodian or any other Officer considers material. (5) One copy of the notice shall be affixed on conspicuous part of the immovable property to be sold. It shall be in the discretion of the Custodian to advertise the sale in newspapers or in such other manner as he may deem fit. (6) Every auction of the immovable property under these rules shall be subject to a reserve price fixed in respect of the immovable property and such reserve price may not be disclosed. (7) The Officer conducting the auction may, in his discretion with-hold the sale of any immovable property without assigning any reasons therefor. (8) The officer conducting the auction may, at his discretion, for reasons to be recorded in writing, adjourn the sale to a specified date and hours and an announcement to that effect shall be made at the time of the adjournment for the sale provided that when the sale is adjourned for a period extending fourteen days, a fresh notice shall be published. (9) No Officer or other persons having any duty to perform in connection with the valuation or sale of any immovable property shall either directly or indirectly bid for or otherwise acquire any interest in such immovable property. The Custodian of Evacuee Property may with the previous approval of the Government transfer any agricultural property declared as Evacuee Property under the provisions of the Goa, Daman and Diu Administration of Evacuee Property Act, 1964 (hereinafter called the Act), to a tenant who is in continuous and uninterrupted possession and occupation of such property from a date prior to 6-12-1961, on payment of 20 times of the annual rent.