rule 9
Modes of termination of tenancy
Agricultural Tenancy Act, 1964 and Rules, 1965The tenancy of any land may be terminated. (a) by the tenant by surrender of his right to the landlord in the manner provided in section 10; or (b) by the landlord on the grounds specified in section 11; or (c) under any other specific provision of this Act. (1) For the purposes of sub-section (9) of section 20, the rent for the area remaining with the tenant shall be determined in the following manner. (a) The rent shall be calculated at the rate fixed by the Mamlatdar, under section 24 for the village or group of villages or area in which the land is situated for the class of land to which such area belongs. (b) If the Mamlatdar has not fixed the rate of rent under section 24 and the landlord and tenant do not agree as to the amount of the rent to be paid for such area, the landlord shall make an application in Form V to the Mamlatdar for apportionment of the rent. (2) On receipt of an application under sub-rule (1) (b) the Mamlatdar shall give a notice to the tenant and after holding an enquiry fix the rent of the area of the land left with the tenant after taking into consideration the following factors-viz. a) The total area and kind of the land held by a tenant before the termination of his tenancy of a part of such land and the rent paid by him therefore; (b) The profits of agriculture of the similar lands in the locality; (d) The improvements made in the land by the tenant or the landlord. (1) Any survey number or sub-division of a survey number may be amalgamated with any other coterminous survey number with the sanction of the Collector and, upon the application of the holder whenever all the parcels of land proposed for amalgamation are held by the same holder upon the same area. (2) Any sub-division may be amalgamated without prior sanction with any coterminous sub-division of the same survey number held by the same holder upon the same area. (3) When such amalgamation is affected, the two or more portions of land shall become one entry in the land record bearing the same distinguishing numbers as the first in series of (1) The Managing Committee shall undertake the works of immediate repairs and maintenance. There will be no auction or agreement for the execution of works. The works shall be undertaken within 24 hours by the Managing Committee directly to the extent of Rs. 5000 under intimation to the Soil Conservation Division and the Mamlatdar concerned at the earliest but not later than 24 hours. (2) All the works, the estimated cost of which exceeds Rs. 5000 shall be executed through the Soil Conservation Division. The Director of Agriculture will have powers to get the works executed directly to the extent of Rs. 10,000/- through the Soil Conservation Division and further to the extent of Rs. 20,000/- with the prior approval of the Development Commissioner. The Managing Committee shall report the matter immediately to the Soil Conservation Division and the Division shall takes immediate steps to get the work executed. The cost of such repairs shall be shared according to the rules in force and the Managing Committee shall contribute towards the cost in advance as per decisions of the Mamlatdar on the basis of details furnished by the Soil Conservation Division. (2A) If the Director of Agriculture or the In-charge of Soil Conservation Division (Executive Engineer) fails to convey his readiness to execute the work of urgent nature, namely ruptures and breaches to the bunds within ten days and in other cases, within thirty days from the date of report by the Managing Committee, the Managing Committee may carry out the work under intimation to the Soil Conservartion Division and the Mamlatdar concerned. (3) If any Managing Committee does not agree to the executions of the works, the Chairman after examining the grounds of opposition or objection, shall submit the file to the Soil Conservation Division for their decision and the decision of the Soil Conservation Division shall be final. (4) The Mamlatdar, if he so desires, may inspect the work any time for his own satisfaction. (1) The Government may, by notification in the Official Gazette, make rules generally to carry out the purpose of this Act. (2) Every rule made under this section shall be laid, as soon as may be after it is made, before the Legislative Assembly of Goa, Daman and Diu while it is in session for a total period of thirty days, which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session, immediately following, the Assembly agrees in making any modification in any such rule or the Assembly agrees that the rule should not be made, the rule shall thereafter have effect, only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
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