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, Daman and Diu Administrative Tribunal Act, 1965. (1A) “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, arecanut trees, cashewnut 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, levelling, 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; (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 Mamlatdar 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. In these rules, unless there is anything repugnant to the subject or context:- (a) “Act” means the Goa, Daman and Diu Agricultural Tenancy Act, 1964; (b) “Form” means a form appended to these Rules; (c) “Profits of Agriculture” in respect of any land means the surplus remaining with the cultivator, after the expenses of cultivation including the wages of the cultivator, working on the land are deducted from the gross produce; (d) “Section” means a section of the Act; (e) Words and expressions used, but not defined in these rules shall have the meanings assigned to them in the Act. (1) In these Rules, unless there is anything repugnant in the subject or context— (a) “Act” means the Goa, Daman and Diu Agricultural Tenancy Act, 1964; (b) “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 setup, 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; (c) “class of land” means any of the following classes of land, namely, dry crop, rice, garden land or non-arable land; (d) “Collector” shall mean and include the Collector of the District of Goa, Collector of the District of Daman and the Civil Administrator of the District of Diu; (e) “form” means a form appended to these rules; (f) “Government lessee” means and includes a person holding land from the Government on emphytensis or provisional concession; (g) “holder” means a person lawfully in possession of land, whether such possession is actual or not. (h) “holding” means a portion of land held by a holder; (i) “survey marks” means for the purposes of these rules, a mark erected for purposes of cadastral survey of land; (j) “survey number” means a portion of land of which the area and assessment are separately entered, under an indicative number in the land records; (k) “village” means a village as constituted under clause (a) of sub-rule (1) of rule 7. (2) Words and expressions used but not defined in these rules, shall have the meanings assigned to them in the Act. In these rules, unless the context otherwise requires: a) “Act” means the Goa, Daman and Diu Agricultural Tenancy Act, 1964; b) “Form” means a form appended to these Rules; c) “Section” means a section of the Act; d) “Association” means a group of tenants who have become deemed purchasers by virtue of the Goa, Daman and Diu Agricultural Tenancy (Fifth Amendment) Act, 1976 and who jointly derive benefit from a common major bund or bunds in a locality and is recognized as such under these rules, by the Mamlatdar of the Taluka having jurisdiction; e) “Managing Committee” means Committee of members who are elected as Office bearers by the general body of the Association; f) Words and expressions used, but not defined in these rules shall have the same meanings assigned to them in the Act. In these rules, unless the context otherwise requires: (a) “Act” means the Goa, Daman and Diu Agricultural Tenancy Act, 1964; (b) “Form” means a form appended to these Rules; (c) “Section” means a section of the Act; (d) words and expressions used, but not defined in these rules shall have the same meanings assigned to them in the Act. In cases of doubt regarding the gross produce of any field the gross produce of the field shall be fixed by the common accord of the owner and the tenant and in case of disagreement between them the gross produce shall be fixed by the “Administrador do Concelho” whose decision on the dispute shall be final. No tenant shall be evicted from the land under his cultivation merely on the ground that his tenancy in respect of the said land has expired by the efflux of time: Provided always that this order shall in no way affect the right of the landlord to evict the tenant on account of the non-payment of rent or causing damage to property or for any other lawful reason. Any tenant exercising his preferential rights under clause 1 shall do so by an application made in this behalf to the Administrador das Comunidades within 45 days from the publication of this Order in the Government Gazette. In this Act, unless the context otherwise requires,— (a) “appointed day” means the 11th July, 1969; (b) “landlord” means a person from whom a tenant holds an arecanut or cashewnut garden on lease on the appointed day. (c) “Mamlatdar” has the meaning assigned to it in clause (c) of section 2 of the Goa, Daman and Diu Mamlatdar’s Court Act, 1966; (9 of 1966); (d) “tenant” means a person who, on the appointed day, holds an arecanut or cashewnut garden on lease: Provided that, if any such garden is held by a person on sub-lease, such person, and not the lessee, shall be deemed to be the tenant for the purposes of this Act. (e) “garden” means a land where arecanut or cashewnut trees are grown; (f) “rent” means any consideration in money or kind or both, paid or payable by the tenant on account of his right to tend the garden and collect the fruits thereof. Notifications issued under clause (4) and clause (15) of Section 2: 1. Notification RD/TNC/M/RTN/12/65/Sec. 2(4)/67 dated 23rd September, 1967 appoints Deputy Collector, North Goa, Sub-Division, and Dy. Collector, South Goa, Sub-Division to perform functions of Collector. 2. Notification RD/TNC/M/RTN/12/65/Sec.2(15)/67 dated 23rd September, 1967 appoints Awal Karkuns in each Taluka to perform duties of Mamlatdar. 3. Notification RD/TNC/M/RTN/12/65/Sec.2(4)/68 dated 16th October, 1968 (superseding previous notification) appoints Sub-Divisional Officer, North Goa Sub-Division, Panaji to perform functions of Collector. 4. Notification RD/TNC/12/65-69 dated 6th January, 1970 appoints Joint Mamlatdars in the District of Goa to perform duties of Mamlatdar. 5. Notification RD/TNC/12/65 dated 8th June, 1970 appoints Additional Deputy Collectors in District of Goa to perform duties of Collector. 6. Notification No. RD/TNC/12/65 dated 28th August, 1989 appoints Additional Deputy Collectors, Mapusa, Sub-Division, Mapusa to perform functions of Collector in North Goa District. 7. Notification 1/1/96-RD (4536) dated 22nd October, 1996 appoints all Mamlatdars in the State of Goa to perform duties of Mamlatdar. In rule 6 of the Goa, Daman and Diu Agricultural Tenancy (Discharge of Joint Responsibility of Tenants) Rules, 1975 for sub-rule (15), the following sub-rule shall be substituted, namely:— “(15) If the Mamlatdar, after due enquiry, is satisfied that the Managing Committee has failed to discharge the duties or has abused the powers or has done any acts which are harmful to the agricultural land, he shall dissolve the Managing Committee and exercise all its powers till a new Managing Committee is constituted in accordance with the provisions of sub-rule (1): Provided that notwithstanding anything contained in rule 8 the Mamlatdar may proceed to lease the fishing rights on sluice gates by public auction to be held either in the third week of December or on any other date for a period of one year, a quarter or quarters of a year, subject to fulfilment of other conditions laid down in rule 8, in which case the auction amount shall be paid on the corresponding dates for payment of instalments as specified in rule 8 and the Agreement in Form VIII may be suitably modified to meet the requirements”. In sub-rule (1) of rule 4 of the Goa, Daman and Diu Agricultural Tenancy (Special Rights and Privileges of Tenants) Rules, 1977, the words “in the village by beat of drum and” shall be omitted. In Form IIA appended to the Goa, Daman and Diu Agricultural Tenancy (Special Rights and Privileges of Tenants) Rules, 1977, for the Schedule, the following Schedule shall be substituted, namely:— SCHEDULE Revenue Place of Hearing Date Time Village Place : Signature Date : Mamlatdar of ……….