THE GOA AGRICULTURAL TENANCY ACT, 1964

The Goa Agricultural Tenancy Act, 1964

Civil196485 sections7 chapters

This law establishes specific rules for renting farmland in Goa, Daman, and Diu. It determines who qualifies as an agriculturist and gives legal protections to tenant farmers who cultivate land with their own labor or family help. The Act safeguards small farmers by preventing unfair evictions and allowing them to make improvements to their plots. By defining clear boundaries between landowners and renters, the legislation aims to preserve traditional farming livelihoods and ensure agricultural activities remain sustainable for many residents in the region.

Chapter I Chapter I →

  1. 1Short title, extent and commencement
  2. 2Definitions
  3. 3Extent of application

Chapter II Chapter II →

  1. 4Persons deemed to be tenants
  2. 5Right of persons holding on the date of liberation
  3. 6Explanations
  4. 7Question of tenancy
  5. 7AQuestion as to nature of land
  6. 8If any question arises as to whether any land is or is used for agricultural purposes the Mamlatdar shall, after holding an inquiry, decide such question.
  7. 8ARelief in certain cases of threatened wrongful dispossession
  8. 9Modes of termination of tenancy
  9. 10Surrender by tenant
  10. 11Termination of tenancy by landlord
  11. 12Special provisions regarding termination for non-payment of rent
  12. 13Tenancy during usufructory mortgage
  13. 13ATenant's right of first purchase
  14. 14Rights of tenants are heritable
  15. 15Provided that nothing in this sub-section shall preclude the rights of parties being determined by a court of law.
  16. 15ALands mortgaged to Government and co-operative societies
  17. 16Bar to attachment, seizure or sale by process of Court
  18. 17Save as expressly provided in this Act any interest in the land held by a tenant as such shall not be liable to be attached, seized or sold in execution of a decree or order of a Civil Court.
  19. 18Procedure for taking possession
  20. 18ATenants deemed to have purchased lands on tillers' day
  21. 18BRight of tenant to purchase land where he is a minor, etc
  22. 18CMamlatdar to issue notices and determine price of land to be paid by tenants
  23. 18DPurchase price payable to the landlords
  24. 18EMode of payment of purchase price by tenant
  25. 18FAmount of purchase price to be applied towards satisfaction of debts
  26. 18GRecovery of purchase price as arrears of land revenue
  27. 18HPurchase to be ineffective on tenant-purchaser's failure to pay purchase price
  28. 18IRight of tenant whose tenancy has been created after tillers' day
  29. 18JPower of Mamlatdar to resume and dispose of land not purchased by the tenant
  30. 18KRestrictions on transfers of land purchased under this Chapter
  31. 18LPower to make rules
  32. 19Application of this chapter
  33. 20Resumption of land for personal cultivation
  34. 21Reservation for non-agricultural purposes
  35. 22Thereupon, the provision of the foregoing sections of this chapter shall mutatis mutandis apply as if the landlord resumes the land for personal cultivation.

Chapter IV Chapter IV →

  1. 23Maximum Rent
  2. 24Maximum Rent after Survey & Settlement
  3. 25Compensation and penalty for excess recovery of rent
  4. 26Liability for cost cultivation, tax, works etc
  5. 27Bar to recovery of any other sum from tenant
  6. 28Benefit of any suspension or remission of rent

Chapter V Chapter V →

  1. 29General
  2. 30Presumption as to rent and duty to give receipt
  3. 31Tenant's right to trees on the land
  4. 32Compensation for improvements made by tenant
  5. 33Right to erect farmhouse
  6. 34Maintenance of boundary marks
  7. 35Repairs to protective bunds
  8. 36Power to assume management
  9. 37Prescription of standards of cultivation and management
  10. 38Tenant's right to operate sluice gates
  11. 39Construction of water course through land belonging to other person
  12. 40Failure to pay rent to keep water course in good repair
  13. 41Removal or discontinuance of water course
  14. 42If he fails to do so, the neighbouring holder may apply to the Mamlatdar who shall require such, person to fill in and reinstate the land.
  15. 42AIf a dispute arises whether there is or is no surplus water in the water course, it shall be determined by the Mamlatdar, and his decision shall be final.

Chapter VI Chapter VI →

  1. 43Tribunal
  2. 44Other functions of the Tribunal, etc
  3. 45Powers of Tribunal
  4. 46Commencement of Proceedings
  5. 46APowers of the Mamlatdar to inquire into contraventions
  6. 47The powers of Government under this sub-section may also be exercised by the Collector or any other Officer empowered in this behalf by Government.
  7. 48Execution of order for payment of money or restoring pos session
  8. 49Appeals
  9. 50Revision
  10. 51Extent of powers in appeal or revision
  11. 52Limitation and Court Fees
  12. 53Procedure

Chapter VII Chapter VII →

  1. 54Power to make rules for survey, etc

Chapter VIII Chapter VIII →

  1. 55Lands held by Comunidades
  2. 56Exemption
  3. 57Delegation of powers
  4. 58Bar to jurisdiction of Courts
  5. 58ABar on appearance by Pleaders
  6. 59Explanation:— For the purpose of this section the expression "pleader" includes an advocate, attorney, Vakil or any other legal practitioner but does not include a representative of Farmers Association.
  7. 60The Government
  8. 60AWhoever contravenes any provision of this Act or of any rules made thereunder shall on conviction by a Magistrate be punishable with a fine not exceeding five hundred rupees.
  9. 60BOffences by Companies
  10. 60ERegarding duties, functions and powers of Mamlatdar
  11. 61Rules
  12. 61AValidation of notices, proceedings, orders, etc., of the Mamlatdar
  13. 62Power to remove difficulties

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