Chapter I Chapter I

Preliminary

Short title, extent and commencement.—

1. (1) This Act may be called the Goa, Daman and Diu Agricultural Tenancy Act, 1964.
2. (2) It extends in the first instance to the Goa area of the Union Territory of Goa, Daman and Diu, but the Government may, by notification, extend it to the other areas with such modifications as may be necessary.
3. (3) It shall, unless otherwise specifically provided in this Act, come into force on such date as may be fixed by notification by the Government.

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;";]

1. (2) "agriculturist" means a person who cultivates land personally;
2. (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;
3. (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;
4. (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;
5. (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;’;]
6. (8) "Government" means the Government of Goa, Daman and Diu.
7. (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, embank ments 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, levellings, enclosures, temporary wells, water channels and other works as are commonly made by the tenants in the ordinary course of agriculture;
8. (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;
9. (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;
10. (12) "landlord" means a person from whom a tenant holds land on lease;
11. (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;
12. (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;"]
13. (16) "notification" means notification published in the Official Gazette;
14. (17) "Official Gazette" means the Goa, Daman and Diu Government Gazette;
15. (18) "person" includes a joint family, comunidade, temple, church, mosque or any other religious or charitable institution;
16. (19) "prescribed" means prescribed by rules made under this Act; [‘(19A) "purchase price" means the price determined by the Mamlatdar under section 18C;’]
17. (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;
18. (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;
19. (22) "tenancy" means the relationship of landlord and tenant;
20. (23) "tenant" means a person who on or after the date of com mencement 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;'.]
21. (24) "Tribunal" means the Tribunal constituted under this Act; and
22. (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.

Extent of application.—

1. (1) Where it is made to appear to the Government that any land, which was used immediately before the 1st of July, 1962 for an agricultural purpose, was subsequently converted to other uses, such as for raising crops of coconut, arecanut, cashew or mangoes or for any other non agricultural purpose, either for defeating and after giving to the landlord and the tenant a reasonable opportunity of being heard and after considering the objections, if any, direct that all or any of the provisions of this Act and the rules made thereunder shall apply to the land, and thereupon the land shall be deemed to be agricultural land in relation to the provisions made applicable thereto, notwithstanding anything contained in clause
2. (1) of Section 2*. (1-A) When it is made to appear to Government that any land used for agriculture on or after the 1st July, 1962 is sought to be converted or used for any non-agricultural purpose, it may, if it considers such action necessary in the interest of agricultural production, the furtherance of the objects of this Act, or the public interest, after giving to the landlord and the tenant a reasonable opportunity of showing cause, by order prohibit such use or conversion, or permit such use or conversion, on such terms and condition, as it may specify: Provided; however, that when it appears to Government that the object in View would otherwise be defeated by delay it may issue an order prohibiting such conversion or use till the completion of the enquiry (except on such terms and conditions as may be specified), or such other order as the circumstances of the case may require, and may from time to time modify or vary such order. (1-B) Notwithstanding anything contained in sub-sections
3. (1) and (1-A), Government may, when it is satisfied for reasons to be recorded, that it is in the interest of agricultural production, prohibit in any local area, either absolutely or except upon such terms and conditions as may be specified, the conversion of any land used for agriculture, for any non-agricultural purpose including the raisings of crops of coconut, arecanut cashew or mangoes. Every such order shall be published in the official Gazette and in such other manner as may be prescribed: Provided, however, that except when the object of the order would be defeated by delay, Government shall, in the prescribed manner give the persons affected an opportunity of showing cause against the proposed order. (1-C) Any person who contravenes an order passed under sub-section (1-A) or sub-section (1-B) shall be guilty of an offence under sections 188 of the Indian Penal Code. (1-D) Government may take such action as is necessary for enforcing an order passed under sub-section (1-A) or (1-B).
4. (2) [The provisions of sub-section (1); (1-A) and (1-B)] shall not apply to land converted to non-agricultural use for the purpose of any industry [house construction] or other schemes of development approved by the Government,
5. (3) Save as otherwise provided in this Act expressly or by necessary implication, the provisions of this Act shall apply to all tenancies of agricultural land notwithstanding any other law, custom, usage, decree or order of a court or tribunal, or any agreement or contract to the contrary.
6. (4) The provisions of any other law for the time being in force relating to leases of immovable property shall in so far as they are not inconsistent with the provisions of this Act, apply to the tenancies and leases of land to which this Act applies.