Definitions

In this Act, unless there is anything repugnant to the subject or context. (1) “Administrative Tribunal” means the Administrative Tribunal constituted under the Goa Administrative Tribunal Act, 1965 (Act No. 6 of 1965); (1-A) “agriculture” includes horticulture and raising of food crops grass or garden produce, but does not include allied pursuits; (2) “agriculturist” means a person who cultivates land personally; (3) “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; (4) “Collector”, means any person appointed by the Government to perform the functions of the Collector under this Act; (5) “Co-operative Society” means a society registered under the provisions of any law relating to co-operative societies for the time being in force in the particular area; (6) “to cultivate” with its grammatical variations, and cognate expressions, means to till or husband land for the purpose of raising or improving agricultural produce, whether by manual labour or machinery, or to carry on any agricultural operation thereon; and the expression “uncultivated” shall be construed correspondingly; (7) “to cultivate personally” means to cultivate land on one’s own account — (i) by one’s own labour, or (ii) by the labour of any member of one’s family, or (iii)under the personal supervision of oneself or any member of one’s family, by hired labour or by servants on wages payable in cash or kind but not in crop share; Explanation 1.— For the purpose of clause (iii) personal supervision shall not be deemed to exist unless the person or member resides in the village in which land is situated or in any nearby village within 7 kilometers thereof, during the major part of an agricultural season. Explanation 2.— A widow or a minor or a person who is subject to physical or mental disability or a serving member of the Defence Forces shall, notwithstanding anything contained in Explanation 1, be deemed to cultivate any land personally if such land is cultivated by servants or by hired labour or through tenants. Explanation 3.— Notwithstanding anything as aforesaid, in the case of a joint family, land shall be deemed to be cultivated personally, if it is so cultivated by any member of such family otherwise than by virtue of Explanation 2. Explanation 4.— In the case of a company, association or other body of individuals, whether incorporated or not, or a religious, charitable or other institution capable of holding property, any land shall be deemed to be cultivated personally, if such land is cultivated by hired labour or by servants under the personal supervision of an employee or agent of such company, association, body or institution; (7A) “garden” means land used primarily for growing coconut trees, areca nut trees, cashew nut trees or mango trees; (7B) “garden produce” means any produce from a garden; (8) “Government” means the Government of Goa, Daman and Diu. (9) “improvement”, means, with reference to any land, any work which adds to the value of the land, and which is suitable thereto as also consistent with the purpose for which it is held, and includes— (a) the construction of tanks, wells, water channels, embankments and other works for storage, supply or distribution of water for agricultural purposes; (b) the construction of works for the drainage of land or for the protection of land from floods or from erosion of other damage from water; (c) the reclaiming, clearing, enclosing, levelling or terracing of land; (d) the erection of buildings on the land reasonably required for the convenient or profitable use of such land for agricultural purpose; and (e) the renewal or reconstruction of any of the foregoing works or alterations therein or additions thereto as are not of the nature of ordinary repairs; but does not include such clearance, embankment, leveling, enclosures, temporary wells, water channels and other works as are commonly made by the tenants in the ordinary course of agriculture; (10) “joint family” means an undivided Hindu family for a group or unit of persons the members of which are, by custom, joint in estate or residence; (11) (i) “land” means land which is used for agriculture or which is capable of being so used, but is left fallow, and includes farm buildings appurtenant to such land: Provided that nothing in this clause shall apply to land which is in the possession of a Mundkar, otherwise than as a tenant. Explanation.- For the purposes of this clause, the expression “Mundkar” shall have the meaning assigned to it in clause (p) of section 2 of the Goa, Daman and Diu Mundkars (Protection from Eviction ) Act, 1975 (1 of 1976); (ii) “Khajan land” means low land situated near creeks or riversides; (iii) “Ker land” means land having adequate irrigation or drainage facilities; (iv) “Morod land” means any other land: Provided that in case of doubt as to the category of any particular land, the matter shall be referred to the Tribunal whose decision shall be final; (12) “landlord” means a person from whom a tenant holds land on lease; (13) “lease” means a transfer of a right to enjoy land, made orally or in writing, for a specified, or unspecified period, and in consideration of rent; (14) “legal representative” means a person who represents the state of a deceased person; (15) “Mamlatdar” means any person appointed by the Government to perform the duties of a Mamlatdar under this Act and includes a Joint Mamlatdar; (16) “notification” means notification published in the Official Gazette; (17) “Official Gazette” means the Goa, Daman and Diu Government Gazette; (18) “person” includes a joint family, comunidade, temple, church, mosque or any other religious or charitable institution; (19) “prescribed” means prescribed by rules made under this Act; (19A) “purchase price” means the price determined by the Mamatdar under section 18C; (20) “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; (21) “serving member of the Defence Forces” means a person in the service of the Defence Forces of the Union: Provided that if a question arises whether any person is in such service, such question shall be decided by the Government and its decision shall be final; (22) “tenancy” means the relationship of landlord and tenant; (23) “tenant” means a person who on or after the date of commencement of this Act holds land on lease and cultivates it personally and includes a person who is or was deemed to be a tenant under this Act (23A) “tillers day” means the date of introduction of the Goa, Daman and Diu Agricultural Tenancy (Fifth Amendment) Bill, 1976, in the Legislative Assembly; (24) “Tribunal” means the Tribunal constituted under this Act; and (25) “year” means the year ending on the 31st day of March or on such other date as the Government may, by notification, appoint for any area.