Schedule

Serial No. Description Locality Custodian of Evacuees’ Property. _____ FORM No. 3 [See Rule 6(1) Office of the Custodian of Evacuees’ Property Notice under sub-section (3) of Sec. 6 of the Goa, Daman and Diu Administration of Evacuee Property Act, 1964 Whereas the undermentioned property has vested in the Custodian under Sec. 6 of the Goa, Daman and Diu Administration of the Evacuee Property Act, 1964, I hereby demand that the possession of the said property be surrendered by you to me or to.... authorised by me, by ....failing which you will be evicted from the undermentioned premises, with such force as may be necessary for the purpose. Serial No. Description Locality Custodian of Evacuees’ Property. Dated: To........................ ............................ _____ FORM No. 4 [See Rule 7(1)] Office of the Custodian of Evacuees’ Property — Warrant of Eviction W Warrant of Eviction under Sec. 7 of the Goa, Daman and Diu Administration of Evacuee Property Act, 1964 Whereas a notice in writing dated.... in which a demand to surrender the possession of undermentioned property was made to..... And whereas he has refused or failed to vacate the said property. Manual of Goa Laws (Vol. I) – 68 – Administration of Evacuee Property Act & Rules Now, therefore, in exercise of the powers vested in me by Section 7 of the said Act, I hereby order that ..... be evicted forthwith from the said property and the same be taken into possession. I also order the use of such force as may be necessary for the propose of eviction and for taking the property into possession. Given under my hand and seal this.... day of .... 196... Serial No. Description Locality Custodian of Evacuees’ Property. —— THE FORM OF THE BOND — FORM No. 5 (See Rule 9) Office of the Custodian of Evacuees’ Property Know all men by these presents that we... (Supurdar) and (Surety) do hereby bind ourselves and each of us, our and each of our heirs, executors and administrators to pay to the President of India on demand the sum of Rs.... Dated this....... day of ..... 196 .... Whereas the above-bounded (Supurdar) has been entrusted by the Custodian of Evacuee Property (hereinafter called the Custodian) with the custody of the property mentioned in the schedule hereunder written. Now the condition of the above-written bond is such that if the above-bounded (Supurdar) shall duly hand over to the Custodian whenever demanded by him, the property, mentioned in the Schedule hereunder written in good order and condition and shall duly account for any loss which the owner of the property may suffer by reason of any default or neglect on his part and shall, until delivery to the Custodian as aforesaid property maintain and take care of the said property and shall obey all orders of the Custodian in respect thereof then and in such case the above-written obligation shall be void and of no effect; otherwise it shall be and remain in full force and virtue. The Schedule referred to... (Supurdar) in the presence of .... Signed and delivered by the above-bounded (Surety) in the presence of... Two witnesses. Manual of Goa Laws (Vol. I) – 69 – Administration of Evacuee Property Act & Rules FORM No. 6 (See Rule 11) Office of the Custodian of Evacuees’ Property Dated /196... Inventory List of properties recovered on.... for the House/Factory/Shop/Garden of ... at.... No. .... Mohalla... . City .... Serial No. Name of properties Description Witnesses: (1) (2) Signature of official recovering the property. Counter-signature of Assistant Deputy Custodian. _____ FORM No. 7 (See Rule 16) ,,Office of the Custodian of Evacuees’ Property Notice Dated....196.... To Shri .... .... .... Whereas there is reliable information in possession of the Custodian that you are an intending evacuee under clause (f) of section 2 of the Goa, Daman and Diu Administration of Evacuee Property Act, 1964 on account of the grounds mentioned below; And whereas it is desirable to hear you in person; Manual of Goa Laws (Vol. I) – 70 – Administration of Evacuee Property Act & Rules Now, therefore, you are called upon to show cause (with all the material evidence on which you wish to rely) — why orders should not be passed declaring you an intending evacuee under the provisions of the said Act. The hearing of the case is fixed before the undersigned in his office at ... on... Grounds:- You are intending to settle in a place outside India. Deputy Assistant Custodian ———— FORM No. 8 [See Rule 18(4)] Office of the Custodian of Evacuees’ Property To .... .... Whereas the transferor/transferee ... has presented an application dated... to the Custodian for confirmation of the transfer as specified below. You are hereby required to be present on... at... in the office of the Custodian. You may also bring any papers in your possession relevant to the inquiry. Custodian of Evacuees’ Property. PARTICULARS OF TRANSFER FORM No. 9 FORM No. 9 [See Rule 21(2)] [See Rule 21(2)] Custodian of Evacuees’ Custodian of Evacuee Property Property Receipt for payment to Government Dated ....196 .... Dated ... 196 ... Book No. Receipt No.... Book No.... Receipt No... Place Received from Rs..... Rupees Rs...... Rupees On account of .... On account of .... Signature of cashier/official Signature of cashier/official granting receipt. granting receipt. Manual of Goa Laws (Vol. I) – 71 – Administration of Evacuee Property Act & Rules FORM No. 10 [See Rule 21(2)] Office of the Custodian of Evacuees’ Property Book No..... Receipt No.... Place ... Dated... Received from ... Rs.... (Rupees ...) in cash/by cheque on account of rent/lease fee/lease money in respect of ... for ... @ Rs.... Previous Receipt No.... Signature Designation ____ FORM No. 11 [See Rule 27 (a)] Register of Immovable Property Sr. No. Locality Municipal House No. Ration House No. Designation of property by name, if any, and by type of building for instance residential bungalow, shop, cinema, theatre, mosque, factory, etc. Name and address of owne r Accommodation available, No. and size of rooms, store rooms, verandah, kitchen, bath- room, court yard etc. Present condition of the buildin g 1 2 3 4 5 6 7 8 Site rent, if any, payable by owner of the building Class of accommodation Whether Electricity or water laid on Present occupant (Name and Father’s name or Head of family) Authority of occupation, if any (allotment or confirmation letter with No. and date 9 10 11 12 13 Date of occupation No. of his family members and their Ration Card Nos. their names, ages and relationship to the head Description of present occupation i. e. Business services or other avocation His income from immovable property before he left the territory Name of F.I. who suryeyed Name of Officer who checked 14 15 16 17 18 19 Restoration No. and date of tenancy deed executed Municipal Assessment Assessed Rent (per mensem) Date of application Restored on Remarks 20 21 22 23 24 25 Manual of Goa Laws (Vol. I) – 72 – Administration of Evacuee Property Act & Rules FORM No. 12 [See Rule 27(b)] Register of inventories of Movable Property of..... Address .. Locality ... Value as per report of Deputy Custodian Rs. P. Condition in which taken over Initials Reference to order, if restored or rent on hire or otherwise Reference to Sl. No. in the sale list 1 2 3 4 5 Sale proceeds received No. and date of challan No. and date of receipt Amount Rs. P. Initials Remarks 6 7 8 9 10 ______ FORM No. 13 (See Rule 27-b) Malkhana Labels Name of estate ... Date ..................... of ................... Possession............ Serial No. Register of Valuables .. —— FORM No. 14 (See Rule 27-C) Register of Valuables Serial No. Name of estate Index Register Reference to Register of Movable Property Full particulars of property Date of possession Initial of the incharge Date of disposal How disposed of (in case of sale quota No. and date of receipt) Initials of Incharge Remarks Manual of Goa Laws (Vol. I) – 73 – Administration of Evacuee Property Act & Rules FORM No. 15 [See Rule 32 (1)] Index Register 1. Serial No. 2. Name and father’s name of evacuee with address before evacuation. 3. Firm’s name, if any. *** Reference to page thereof. 4. Name of register. (a) Register of movable property (b) Register of immovable property evacuee (c) Register of debits or claim due to evacuee (d) Register of agricultural property (e) Ledger. 5. Dates on which property restored or disposed of. 6. Remarks. ______ FORM No. 16 [See Rule 32 (ii)] Ledger account of the Estate of ... Evacuee Address Immovable Agricultural Property Movably property Debts or claims due to Evacuee property Register No. Page No. Register No. Page No. Register No. No. Page Register No. 1 1 1 2 2 2 3 3 4 4 5 5 6 6 CREDIT Register Month Particulars of Transactions No. Page Amount Progressive Total Initials Remarks 1 2 3 4 5 6 7 DEBITS Register No. Page Amount Progressive Total Balance Initials Remarks 8 9 10 11 12 13 Manual of Goa Laws (Vol. I) – 74 – Administration of Evacuee Property Act & Rules FORM No. 17 [See Rule 32 (iii)] Receipts and payments on account of Immovable Property (other than Agricultural Property) 1. Ward No. 5. Name of occupant with parentage. 2. Name of street/lane. 6. Date of occupation. 3. Municipal No. of House/Business 7. Assessed Rent: Licence Fee. Premises/Factory. 4. Name of owner with parentage and 8. House Tax/Water charges, if recoverable. address. Receipts Progressive Total Rs. Serial No. No. and date of Challan receipt Brief particulars and period Amount Intials Remarks Date of Payment No. of vouchers and date House- -tax 1 2 3 4 5 6 7 8 9 Payments Remarks Nature of expenditure Progressive Total Water- tax Re- pairs (a) Ordinary repairs (b) Special repairs Misce- llaneous Administrative charges and Custodian’s fees Total Rs. Initials 12 13 14 15 16 Manual of Goa Laws (Vol. I) – 75 – Administration of Evacuee Property Act & Rules FORM No. 18 [See Rule 32 (iii)] Receipts and payments on account of Immovable Property (Agricultural) 1. Reference to Page No. of Basic Record- 7. Name of occupant with percentage -Register of Immovable Property. and address. 2. Name of Village, Tehsil and District. 8. Date of occupation. 3. Registration/Other particulars of property. 9. Assessed rent. 4. Name of owner with parentage and address. 10. Period for which rent at item 8 5. Name and parentage of persons other than above is assessed. the owner, if any, interested in the property. 11. Share of evacuee in the rent. 6. Interest of evacuee in the property. 12. Reference to Serial No. and page of basic record of Property Register. Receipts Serial No. No. and date of challan Receipt Brief particulars and period Amount Progressive total Initials Remarks 1 2 3 4 5 6 7 Payments Nature of expenditure Date of pay- ment Date of voucher Taxes on property Land Revenue including cess Lambardari fee Total Progressive Total Initials Remarks 8 9 10 11 12 13 14 15 16 Manual of Goa Laws (Vol. I) – 76 – Administration of Evacuee Property Act & Rules FORM No. 19 [See Rule 32 (iv)] Receipts and payments on account of Movable Property Reference to page No. of Basic Record Register of Movable Property Address Name Sale proceeds Month Serial No. Description of property No. of articles Ref. to Sl. No. in the sales list No. and date of Challan Amount Initials Remarks 1 2 3 4 5 6 7 8 9 Expenditure No. and date of voucher Particulars of payments To whom paid Amount Administrative charges and Custodians fee Total (Cols. 13 and 14) Initials Date of verifica- tion of balance and remarks, if any 10 11 12 13 14 15 16 Manual of Goa Laws (Vol. I) – 77 – Administration of Evacuee Property Act & Rules FORM No. 20 [See Rule 32 (iv)] Sale list of property sold by the Custodian of ... Serial No. Date of sale Particulars of property Number of articles, if any Name of Estate Reference to page No. of Property Register Amount for which sold Amount recovered at the time of sale Balance left due Name of bidders and the amount of bids 1 2 3 4 5 6 Thumb-impression or signature of Purchaser, i.e. HIGHEST BIDDER No. and date of receipt issued Remarks Manual of Goa Laws (Vol. I) – 78 – Administration of Evacuee Property Act & Rules FORM No. 21 [See Rule 32 (v)] Receipt and expenditure account of debts and claim due to Reference to Basic Register of debts and claim due to evacuee ... 1 2 3 4 5 6 7 Amount of debt or claims Secured Unsecured Month Serial No. Debtor’s name with address Nature of claim Amount of debt or claim Ref. to order determining the debts or claim Prin- cipal Inte- rest Prin- cipal Inte- rest 8 9 10 Amount received Expenditure Date of auction No. and date or receipt Amount Admn. Charges and Custodian’s fees Other expenditure Total If restored to the evacuee, date and ref. to order of restoration Remarks Manual of Goa Laws (Vol. I) – 79 – Administration of Evacuee Property Act & Rules FORM No. 22 [See Rule 32 (vi)] Rent Demand and collection Register of Immovable Property (other than Agricultural) Ward No. Name of Village Serial No. House of Shop No. Name parentage and address of Owner Name and other particulars of tenants Particulars of property Date of occupation Authority Monthly rent Arrears upto 6-12-61 Initials of Rent Officer or any Govt. servant authorized by the Custodian APRIL 1 2 3 4 5 6 7 8 9 10 11 a. Rent assessed b. No. and date of receipt c. Amount realized d. Balance MAY JUNE JULY AUGUST 12 13 14 15 a. Rent assessed b. No. and date of receipt c. Amount realised d. Balance a. Rent assessed b. No. and date of receipt c. Amount realised d. Balance a. Rent assessed b. No. and date of receipt c. Amount realised d. Balance a. Rent assessed b. No. and date of receipt c. Amount realised d. Balance SEPTEMBER October November December 16 17 18 19 a. Amount assessed b. Amount realised c. No. and date of receipt d. Balance a. Amount assessed b. No. and date of receipt c. Amount realised d. Balance a. Amount assessed b. No. and date of receipt c. Amount realised d. Balance a. Amount assessed b. No. and date of receipt c. Amount realised d. Balance January February March Amount written off Balance [(column 22 (d) minus 23 (b)] Remarks 20 21 22 23 24 25 a. Amount assessed b. No. and date of receip t c. Amount realised d. Balance a. Amount assessed b. No. and date of receip t c. Amount realised d. Balance a. Amount assessed b. No. and date of receipt c. Amount realised d. Balance a. Rent to Order b. Amount *Amount assessed means amount due for the current month plus all arrears outstanding to end of the previous month. Manual of Goa Laws (Vol. I) – 80 – Administration of Evacuee Property Act & Rules FORM No. 23 [See Rule 32 (vii)] Miscellaneous Demand and Collection Register 1. Serial No. 2. Name and address of person by whom the demand is payable. 3. Name of owner Particulars of the owner. 4. Nature of demand and instalments. 5. Reference to order, if any. 6. Arrears. 7. Current demand. 8. Total. DEMAND 9. Signature of the Assistant Custodian. 10. Number and date of receipt. 11. Amount. AMOUNT REALISED 12. Balance carried over to next year’s register. 13. Initials. 14. Remarks. Manual of Goa Law (Vol. I) Evacuee Property Act, 1964 – 81 – FORM No. 24 [See Rule 32 (viii)] Receipts and Payments Account of Evacuee’s Interest in Business, Companies, etc. 1 2 3 4 Particulars and extent of interest of the evacuee in the business Sl. No. Name and parentage of evacuee Name of business, company, etc., with office in which evacuee has interest 5 6 7 8 9 10 Particulars of Income or dividend, etc., due Amount realised Personal Ledger A/Cs Period Amount Deductions Income tax, etc. Net amount realisable Folio No. ______ FORM No. 25 [See Rule 32 (ix)] Demand and Collection Register for Agricultural Property Sl. No. Sl. No. in the Property Register Locality and description property Name and parentage of evacuee owner Name, parentage and origl. home address of the present allottee or person by whom demand is payable Date of occupation and authority for occupation 1 2 3 4 5 6 Assessed rent or nature of demand INITIAL Period of Demand Arrears Current demand Ref. No. and date of Demand Bill Realisations Sl. No. and date of receipt amount Balance carried over to next year’s register Remarks 7 8 9 10 11 12 13 Manual of Goa Law (Vol. I) Evacuee Property Act, 1964 – 82 – FORM No. 26 [See Rule 32 (xii)] Cash Book for the month of ............... 19 Dr. Receipts Cash in Date Sl. No. Sector or section Receipt No. On what account and from whom received Hand Treasury Remarks 1 2 3 4 5 6 7 Payments Amount paid at treasury Date Sl. No. Sector or section Vr. No. On what account and from whom received In cash Cheque amount Remarks 8 9 10 11 12 13 14 ______ FORM No. 27 Details of the amount deposited in the Treasury in favour of the Director of Accounts on account of receipts of Unidentified Movable Property/Unacquired Evacuee Property Amount deposited Serial No. Treasury Challan No. and date Name of the treasury where deposited (1) As Administration charges/Custod- ian’s fees (2) Net receipts Remarks 1 2 3 4 5 6 Manual of Goa Law (Vol. I) Evacuee Property Act, 1964 – 83 – FORM No. 28 (See Rule 83) Schedule of Repairs to Evacuee Property for the month of ... Sl. No. Description and location of property with name of evacuee owner Nature of work done by P.W.D. or departmentally No. and date of letter conveying administrative approval Amount sanctioned Amount spent Remarks 1 2 3 4 5 6 7 Compared with the relevant schedule of work expenditure Divisional Actt. By order and in the name of the Administrator of the Union Territory of Goa, Daman and Diu. M. C. Sharma Chief Secretary Panjim, 19th April, 1966. Manual of Goa Law (Vol. I) Evacuee Property Act, 1964 – 84 – Home Department (Passports) Notification HD/33/3588/71-C In exercise of the powers conferred by Section 46 of the Goa, Daman and Diu Administration of Evacuee Property Act, 1964 (6 of 1964) and in supersession of the Government Notification No. HD/33/8019/67 dated 25-9-1967 published in the Government Gazette, No. 27, Series I dated 6-10-1967, the Government of Goa, Daman and Diu hereby makes the following Rules, namely:— 1. Short title and commencement.— (1) These rules may be called the Goa, Daman and Diu Disposal of Immovable Evacuee Property Rules, 1977. (2) They shall come into force at once. 2. Procedure for sale of immovable evacuee property by public auction.— (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. Manual of Goa Law (Vol. I) Evacuee Property Act, 1964 – 85 – (10) The person declared as the highest bidder for the immovable property, at the auction shall pay in cash or Bank Draft or in any such other form as may be required by the Custodian or the Officer conducting the sale, immediately on the fall of hammer, a deposit not exceeding twenty per cent of the amount of his bid to the Officer conducting the sale and in default of such deposit the property may be re-sold. (11) The bid in respect of which the initial deposit has been accepted shall be subject to the approval of the Custodian or an Officer, appointed by him for the purpose: Provided that no bid of immovable property shall be approved until after the expiry of a period of 7 days from the date of auction. (12) Intimation of the approval of the bid of its rejection shall be given to the highest bidder (hereinafter referred to as “auction purchaser”) by registered post acknowledgment due and the auction purchaser shall, where the bid has been accepted, be required within 15 days of the receipt of such intimation to deposit the balance of the purchase money: Provided that the Custodian or other officer appointed by him may, for reasons to be recorded in writing extend the aforesaid period of 15 days by such period as the Custodian may think fit. (13) If the auction purchaser does not deposit the balance of the purchase money within the period specified in sub-rule (12), the initial deposit made by the auction purchaser under sub-rule (10) shall be liable to forfeiture and the Custodian shall be entitled to re-sell the immovable property at the risk and cost of the defaulting auction purchaser. (14) Where the purchase price has been realised in full from the auction purchaser, the Custodian shall issue to him, a Sale Certificate which shall be stamped and registered at the cost of the auction purchaser. 3. Procedure for setting aside sale.— (1) Where a person desires that the sale of any immovable property made under the aforesaid rules should be set aside because of any alleged irregularities or fraud, in the conduct of sale, he may make an application to that effect to the Custodian or any other Officer authorised by him in this behalf. (2) Every application for setting aside the sale under these rules shall be made within seven days from the acceptance of the bid when the sale is made by public auction. (3) If after consideration of the facts alleged, the Officer to whom the application is made under these rules shall be satisfied that any material irregularity or fraud has been committed in the publication or conduct of the sale, he may make an order that the property may be re-auctioned: Provided that no sale can be set aside under these rules unless upon the fact proved, such Officer is satisfied that the applicant has sustained substantial injury by reason of irregularity or fraud, as the case may be. (4) Notwithstanding anything contained in these rules, the Custodian may, on his own motion or on a reference made in this behalf by the Government, at any time, set aside sale under these rules if he is satisfied that any material irregularity or fraud, which has Manual of Goa Law (Vol. I) Evacuee Property Act, 1964 – 86 – resulted in a substantial injury to any person, has been committed in the conduct of the sale: Provided that no such sale shall be set aside after the expiry of one year from the date of the completion of sale unless the opportunity has been given to the purchaser to appear and be heard. 4. Rules applicable for disposal of composite immovable property.— The above rules shall apply as far as may be possible for the disposal of composite immovable property which is jointly owned by an evacuee and a non-evacuee. 5. Reserve price.— The reserve price shall be fixed by the Custodian with the help of the Mamlatdar or Collector of the Revenue Department and/or Director of Agriculture, in case of sale of land, and with the help of Chief Engineer of Public Works Department or his nominee in other cases. 6. Acceptance of bid.— The Custodian shall not accept the bid below the reserve price. If the bid is less than the reserve price, the immovable property shall be disposed off by re-auction. If at the second auction, the highest offer is less than the reserve price, the Custodian may, at his discretion accept the offer. By order in the name of the Lieutenant Governor of Goa, Daman and Diu. K. B. Verekar, Under Secretary (Home). Panaji, 12th June, 1978. Manual of Goa Law (Vol. I) Evacuee Property Act, 1964 – 87 – Home Department (Passports) — Notification HD. 33/13588/71-P(II) In exercise of the powers conferred by clause (f) of sub-section (2) of section 46 of the Goa, Daman and Diu Administration of Evacuee Property Act, 1964 (6 of 1964), and in supersession of the Government Notification No. HD. 33/17964/67 dated 6-1-1968 published in the Government Gazette, Series I, No. 41 dated 11-1-1968, the Government of Goa, Daman and Diu hereby makes the following rules, namely:— 1. Short title and commencement.— (1) These rules may be called “Transfer of Evacuee Property (Agriculture Plots and Abadi Sites) Rules, 1977.” (2) They shall come into force at once. 2. Transfer of Evacuee Property on payment of 20 times annual Rent.— 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. 3. Transfer of Property on payment of 25 times annual Rent.— 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 Act to an occupant who has occupied such property after 6-12-1961 but before 6-12-1966 and is in continuous and uninterrupted possession of the said property on the date of transfer, on payment of 25 times of the annual rent. 4. Disposal of non-agriculture plot contiguous to agricultural property.— The Custodian of Evacuee Property may, with the previous approval of the Government, offer to sell any non-agricultural plot contiguous to agriculture property on which the tenants have constructed dwelling houses before 6-12-1961 to the occupants of such lands at the upset price fixed by the Custodian. In case they do not wish to purchase the said plot, suitable rent will be fixed and they are liable to pay such rent till the plots are finally disposed off. 5. Period of notice.— The Custodian of Evacuee Property shall give notice in writing to the tenant or occupant mentioned in Rule 2 or 3 or 4, as the case may be, requiring such tenant or occupant to intimate within 30 days from the date of service of the said notice whether he is willing to purchase the property or not. 6. Determination of purchase price.— If the tenant or occupant intimates his willingness to purchase the land within the period specified in the preceding Rule, the Custodian shall determine the price of the land to be paid by the tenant or occupant in consultation with any other Government Department or officer, if deemed fit. Manual of Goa Law (Vol. I) Evacuee Property Act, 1964 – 88 – 7. Mode of payment of purchase price.— (1) On the determination of purchase price by the Custodian under the preceding rule, the tenant or occupant shall have the option to deposit the purchase price either in lumpsum or in twenty equal annual instalments. (2) The first instalment of the purchase price shall be paid by the tenant or occupant within thirty days from the date of allotment order and the subsequent instalment shall be paid within a period of one year from the date on which the previous instalment was due. (3) Where the purchase price is payable in lumpsum under sub-rule (1), the lumpsum shall be paid within a period of six months from the date of allotment order. (4) The Government may vary the period of payment, laid down under this rule, in cases or class of cases wherever Government feels appropriate. (5) Where the tenant or occupant fails to intimate his willingness within the period specified in Rule 5 or having intimated his willingness fails to pay lumpsum or first instalment, the tenant or occupant shall be deemed to have relinquished his right to purchase the property and he shall forthwith forfeit all his rights, title and interest in the property and the same shall be offered to any other person as per the rules. (6) Where the tenant or occupant deposits the first instalment but fails to pay any subsequent instalment within the due date, the Custodian may, at his discretion decide either to grant him extension of time limit as may be considered reasonable with the previous approval of the Government and the amount in default shall carry interest at the rate of six per cent per annum: Provided that nothing shall prevent the Custodian to recover the defaulted amount together with any interest due as arrears of land revenue. 8. Determination of rent.— The amount of rent payable by the tenant or occupant, whichever the case may be, for the purposes of these Rules, shall be determined by the Custodian of Evacuee Property, in the case where it has not already been fixed, and the decision of the Custodian of Evacuee Property thereon shall be final. 9. Fixation of upset price and mode of payments in respect of non-agricultural land intended for constructing dwelling houses.— If the tenants of the agricultural property desire to purchase the non-agricultural land contiguous to the agricultural land held by them for the purpose of constructing the dwelling houses, such lands may be offered to them by the Custodian, with the previous approval of the Government at the upset price, in such a case or cases, that may be fixed by the Custodian. The cost of the land shall be paid in the same manner as provided in rule 7. 10. Disposal of land and trees contiguous to agricultural property.— (1) The rest of the land and trees contiguous to agricultural property which are not specifically covered under these rules may be disposed of by the Custodian with the previous approval of the Government to the freedom fighters, to the serving members of the Armed Forces and/or ex-Servicemen who are ordinarily resident in the Union territory of Goa, Daman and Diu for not less than fifteen years, to persons who are mundcars and who have been evicted from the site of their dwelling house, and to the Government servants of the Union territory of Goa, Daman and Diu, on receipt of an application in that behalf, without auction in occupancy rights. Manual of Goa Law (Vol. I) Evacuee Property Act, 1964 – 89 – (2) Such grant may be made on inalienable tenure on payment of occupancy price as may be determined by the Government, if the Custodian, after necessary enquiries, is satisfied that these persons do not own any building plot or a building either in their own name or in name of any member of their family or dependent anywhere in the Union territory of Goa, Daman and Diu or outside it. (3) A serving member of the Armed Forces or an ex-Serviceman (or if he is dead or he is unable to write for any reason, then his wife, major son, father, mother or brother in undivided family) may make an application for grant of land for residential use to the Custodian. Such application shall be made through the Chairman, Goa, Daman and Diu Rajya Sainik Board, Panaji, having jurisdiction over the concerned District. 11. Extent of land which may be granted.— (1) For the purpose of these Rules, the extent of allocable land which may be granted to any one person shall not exceed an economic holding: (2) No allocable land shall be granted.— (a) to any individual— (i) who (not being a serving member of the Armed Forces or a freedom fighter) does not reside within a radius of eight kilometres of the village in which such land is situated, or— (ii) who holds land equal to or more than one economic holding. (b) to a joint farming society or a farming society if — (i) the majority of its members do not reside within a radius of eight kilometres of the village in which the land is situated, or (ii) any members thereof hold land equal to or more than one economic holding: Provided that, this condition may be relaxed in favour of a society if its total holding does not exceed the area determined under sub-rule (4) of this rule by two hectares: Provided further that, as between persons residing in the village where the allocable land is situated and persons residing outside such village but within a radius of eight kilometers thereof, preference in granting land may be given to the residents of the village. (3) While granting land, the Custodian shall as far as possible ensure that the total land held by an individual after the grant of land does not exceed one economic holding. (4) In case of a joint farming society or a farming society the extent of land which may be granted shall be determined by multiplying the number of members of the society by the area corresponding to one economic holding per each member of a society minus the area of the land already held by such members: Provided that, any such society may, for the purpose of full and efficient use of the land for agriculture and its efficient management and for maintaining the integrity of any area in one or more compact blocks, be granted land in excess of the area so determined Manual of Goa Law (Vol. I) Evacuee Property Act, 1964 – 90 – so however that, except the previous sanction of the Government, the total area of the land so granted does not exceed twice the area determined as aforesaid. 12. Economic holding.— For the purpose of these rules, the term “Economic holding” means:— i) one hectare of paddy land, or ii) one hectare of land used for coconut garden, or iii) one hectare of land used for arecanut garden, or iv) one hectare of land used for cultivation of sugarcane, or v) one hectare of land under perenial irrigation, or vi) two hectares of any other land. Explanation I.— Where total land held by a person consists of two or more of the aforesaid six clauses of lands, the area of economic holding shall be determined on the basis of one hectare of paddy land being equal to one hectare of land used for coconut garden or one hectare of land used for cultivation of sugarcane or one hectare of land used under perenial irrigation or two hectares of any other land. Explanation II.— “Irrigation” means irrigated by any irrigation work whether constructed or maintained by the Government or not. By order and in the name of the Lieutenant Governor of Goa, Daman and Diu. G. M. Sardessai, Under Secretary (Home). Panaji, 11 th March, 1977.