Power of Mamlatdar to resume and dispose of land not purchased by the tenant

(1) Where the purchase of any land by the tenant under section 18A becomes ineffective under section 18C or section 18H or where a tenant fails to exercise the right to purchase the land held by him within the specified period under section 18B, the Mamlatdar may, suo motu or on an application made in this behalf, and in cases other than those cases in which the purchase has become ineffective by reason of section 18C or section 18H, after holding a formal inquiry direct the land or part thereof shall be disposed of in the manner provided in sub-section (2). (2) The Mamlatdar shall make an order directing that the land or part thereof referred to in sub-section (1) shall be disposed of by sale to any person in the following order of priority: (i) 75 per cent of such land shall be disposed of by sale to persons belonging to the Schedule Castes and Scheduled Tribes; (ii) the land remaining after disposal in the manner provided in clause (i) shall be disposed of by sale in the following order of priority, namely:— (a) serving member of the Defence Forces or an ex-serviceman or a freedom fighter, who agrees to cultivate the land personally; (b) agricultural labourers; (c) landless persons; (d) a co-operative farming society registered as such under the Maharashtra Co-operative Societies Act, 1960, as in force in the Union Territory of Goa, Daman & Diu. Explanation 1. — Where the Mamlatdar has to select under this sub-section one or more persons having the same order of priority, preference shall be given to a person residing in the village in which the land is situated. In the event of there being more than one applicant having the same priority, the land shall be disposed of by sale, by drawing lots. The maximum area of the land that shall be sold to an individual shall be equivalent to one “economic holding” as defined in clause (e) of rule 2 of the Goa, Daman and Diu Land Revenue (Disposal of Government Lands) Rules, 1971. Explanation II. — For the purposes of this sub-section, “freedom fighter” means a person who has,— (a) suffered imprisonment or detention for a period of not less than six months; or (b) become permanently incapacitated as a result of any firing or lathi charge; or (c) lost his job or means of livelihood or the whole or part of any of his property, by reason of his participation in the national movement for the liberation of Goa, Daman and Diu. (3) Where any land is disposed of under sub-section (2), the Mamlatdar shall determine the price of the land in accordance with the provisions of section 18C and the price so determined shall be paid in accordance with the provisions of section 18E. (4) Where any land or portion thereof is offered for sale under sub-section (2), but no person comes forward to purchase such land or portion, as the case may be, it shall vest in the Government free from all encumbrances subsisting on the tillers’ day and the purchase price payable by the Government to the landlord in respect of the land so vested in the Government shall be paid in cash.