Chapter II Chapter II

Security of Tenure

Persons deemed to be tenants.— A person lawfully cultivating any land belonging to another person (hereinafter in this section referred to as the owner) on or after the 1st of July, 1962 but before the commencement of this Act, shall be deemed to be a tenant if such land is not cultivated personally by the owner and if such person is not—

1. (i) a member of the owner's family, or
2. (ii) a servant on wages payable in cash or kind but not in crop share or a hired labourer cultivating the land under the personal supervision of the owner or of any members of the owner's family, or
3. (iii) a mortgagee in possession: Provided that if upon an application made by the landlord within one year from the commencement of this Act to the Mamlatdar within whose jurisdiction the land is situated:—

1. (a) the Mamlatdar declares that such person is not a tenant and his decision is not reversed on appeal or revision, or
2. (b) the Mamlatdar refuses to make such declaration but his decision is reversed on appeal or revision, such person shall not be deemed to be a tenant under this section: Provided further that a sub-tenant cultivating any land belonging to, another person ["on or after the 1st of July, 1962, but before the commencement of this Act"] shall, notwithstanding the fact that the creation of the sub-tenancy might have been prohibited by any law for the time being in force, be deemed to be lawfully cultivating the land as a tenant for the purposes of this section; and in such cases, the intermediary tenant or tenants prior to the creation of the sub-tenancy shall not be deemed to be tenant or tenants for the purposes of this Act; [" Provided further that in the case of a person claiming to be a tenant on the ground that he was a sub-tenant cultivating any land after the 1st July, 1962 but before the commencement of this Act, the application by the landlord for a declaration that such person is not a tenant may be made within three months of the commencement of the Goa, Daman and Diu Agricultural Tenancy (Amendment) Act, 1966"].

Right of persons holding on the date of liberation.— A person who lawfully cultivated as a tenant or sub-tenant any land belonging to another person (hereinafter in this section referred to as the owner) on or after the 19th of December, 1961 but before the 1st July, 1962 shall be deemed to be a tenant for all the purposes of this Act.—

1. (i) if such person cultivated it personally for any period immediately preceding the latter date,
2. (ii) if such land was not cultivated personally by the owner,
3. (iii) if such person was not one of the persons mentioned in clauses
4. (i) to
5. (iii) of section A, and
6. (iv) if such person is restored to possession of such land in pursuance of sub-section

1. (3) of section 8.

Explanations.— For the purposes of sections 4 and 5 —

1. (i) where the person who lawfully cultivated the land on the relevant date is, on or before the date of coming into force of this Act, dead, his legal representative, or where there are more than one legal representative all of them jointly shall be entitled to the same rights and subject to the same obligations as the deceased person:
2. (ii) where any land is held by two or more persons jointly as tenants, all such persons shall, if any one of them cultivated and continues to- cultivate such land personally, be deemed to be tenants in respects of such land;
3. (iii) when any land is cultivated by a widow or minor or a person who is subject to physical or mental disability or a serving member of the Defence Forces, through a tenant then notwithstanding anything contained in [Explanation

1. (2) to clause
2. (7) of section 2], such tenant shall be deemed to be a tenant.

Question of tenancy.— If any question arises whether any person is a [or was] tenant or should be deemed to be a tenant under this Act the Mamlatdar shall, after holding an inquiry, decide such question. ["In any such enquiry, the Mamlatdar shall presume that any statement as to the existence of a right of tenancy in a record of rights prepared in the prescribed manner under and in accordance with the provisions of this Act, is true"].

Question as to nature of land.—

Bar to eviction and restoration of possession Bar to eviction and restoration of possession.—

1. (1) No ten ancy of any land shall be terminated and no person holding land as a tenant shall be liable to be evicted there from save as provided under this Act.
2. (2) Where any such person as is referred to in section 4 has been evicted from the land on or after the 1st July, 1962 such person shall be entitled to recover immediate possession of the land in the manner prescribed by or under this Act unless the landlord proves that the termination of tenancy was in the manner authorised under section 9.
3. (3) Where any such person as is referred to in section 5 was evicted from such land on or after the 19th of December, 1961 but before the 1st of July, 1962, such person shall, in the manner prescribed by or under this Act, be entitled to recover possession of the land if—
   • (i) he applies to the Mamlatdar within six months from the date of coming into force of this Act stating that he agrees to become a tenant on the same terms and conditions as existed before, and as modified by the provisions of this Act;
   • (ii) he proves that the eviction was malafide and was intended to defeat the purposes of this Act; and
   • (iii) he pays to the landlord the arrears of rent, if any, due from him under the terms of his tenancy or gives sufficient security therefore: Provided that where the land from which such person was evicted had been leased out by the landlord to another person for any period after the said date, the evicted person shall not be entitled to recover possession before the first day of the year immediately following the year in which this Act comes into force.
4. (4) Notwithstanding anything contained in the foregoing provisions, where the Government is satisfied that a tenant has for reasons beyond his control omitted to take step for restoration of possession within the time prescribed therefor, it may on its own motion, direct the Mamlatdar to entertain and dispose of an application.
5. (5) Notwithstanding anything contained in the other provisions of this Act, where a person who was holding land on lease from a landlord has, in cases coming under section 4, on or after the 1st July, 1962, and in cases coming under section 5, on or after the 19th Decem ber, 1961, surrendered his right of tenancy to the landlord on or before the 28th July, 1964, he shall not be entitled to restoration of possession under this Act, if such surrender was voluntary and was made before the Administrator of the Concelho, in accordance with the rules and orders, if any, in that behalf or is found to be genuine by the Mamlatdar after holding an enquiry.

A. Relief in certain cases of threatened wrongful dispossession.—

1. (1) Any tenant in possession of any land or dwelling house who apprehends that he may be dispossessed contrary to the provisions of this Act, may apply in the prescribed manner to the Mamlatdar for an order safe guarding his right to possession.
2. (2) On such application, the Mamlatdar if he is satisfied on holding such enquiry as may be prescribed, that the applicant is entitled to continue in possession, shall, by order, direct the landlord or any person claiming through him to refrain from disturbing it otherwise than in accordance with law.
3. (3) In any proceeding under this section, if it is proved to the satisfaction of the Mamlatdar by affidavit or otherwise that the opponent threatens to dispossess the applicant, he may by order grant a temporary injunction restraining such dispossession or otherwise causing injury until the final disposal of the proceeding or until further orders. In all such cases the Mamlatdar shall, except where it appears that the object of granting the injunction would be defeated by delay, issue notice of the application to the opponent before granting an injunction.
4. (4) Any person dispossessing a tenant in contravention of an order made under sub-section
5. (2) or (3), in addition to any other penalty to which he is subject, on application made by the tenant within thirty days of such dispossession, and notwithstanding anything to the contrary in any other provision of this Act, be summarily evicted by the Mamlatdar who shall thereupon restore possession to the tenant.

Modes of termination of tenancy.— The tenancy of any land may be terminated-

1. (a) by the tenant by surrender of his right to the landlord in the manner provided in section 10; or
2. (b) by the landlord on the grounds specified in section 11; or
3. (c) under any other specific provision of this Act.

Surrender by tenant.—

1. (1) Any tenant may surrender his right of tenancy in respect of any land to the landlord and thereupon the tenancy in respect of that land shall stand terminated if the following conditions are satisfied:
   • (i) the surrender is made at least one month before the commencement of the year;
   • (ii) it is made by the tenant in writing and is admitted by him before the Mamlatdar;
   • (iii) it is made voluntarily and in good faith to the satisfaction of the Mamlatdar;
   • (iv) it is approved by the Mamlatdar; and
   • (v) the conditions in clauses
   • (a) to
   • (d) of sub-section
2. (4) of section 20 are satisfied.
3. (2) Where the land is cultivated jointly by joint tenants or members of joint family, the surrender, unless it is made by all of them shall be ineffective in respect of such joint tenants or members, as the case may be, as have not joined in the application for surrender.
4. (3) Where the Mamlatdar is of opinion that the conditions mentioned in sub-section
5. (1) are not satisfied, he may, after giving a reason able opportunity to the landlord to show cause against taking action under this sub- section, and holding such enquiry as he may,-
   • (i) refuse to approve the surrender, or
   • (ii) Submit the case to the Government for orders under the next sub-section.
6. (4) Where a case is submitted under the preceding sub-section, the Government may, by order, transfer the tenancy right to any other person, including a Comunidade, a Co-operative Society or a Panchayat, who, in its opinion, is a fit and proper person to be a tenant, and thereupon such other person shall be deemed to be a tenant for the purposes of this Act.

Termination of tenancy by landlord.—

1. (1) The Landlord may terminate a tenancy on the ground that the tenant:
   • (a) has failed to pay the rent for any period on or before the date or dates fixed by or under this Act, or
   • (b) has done any act which is destructive or permanently injurious to the land, or
   • (c) has sub-divided, sub-let, or assigned any interest in the land, otherwise than as permitted under sections 14 and 15, or
   • (d) has failed to cultivate the land personally, or
   • (e) has used such land for a purpose other than agriculture.
2. (2) No tenancy of any land held by a tenant shall be terminated on any of the grounds mentioned in this section unless the landlord gives at least ninety days notice in writing to the tenant intimating his decision to terminate the tenancy and the ground for such termination and unless within that period the tenant has failed to remedy the breach for which the tenancy is liable to be terminated: Provided that where the said breach occurs for the second time the tenant shall be liable to pay to the landlord by way of penalty a sum equal to 50 per cent of the rent payable for that season for the land in relation to which the breach has occurred: Provided further, that where a breach of the same kind occurs on more than two consecutive occasions no such notice as is referred to above shall be necessary and the landlord shall be entitled to straightaway make an application to the Mamlatdar under sub-section (4).
3. (3) The tenancy of a tenant who is a minor, or is subject to physical or mental disability, or is a serving Member of the Defence Forces shall not be terminated on the ground only that the land com- prised in the tenancy has been sub-let by or on behalf of such tenant.
4. (4) Where the landlord after the expiry of the period of notice, if any, mentioned in sub-section
5. (2) decides to terminate the tenancy under this section, he shall within such time as may be prescribed apply to the Mamlatdar for permission to do so and the Mamlatdar any accord per mission or, if he considers it necessary for reasons to be recorded in writing and after considering the objections, if any, of the landlord, sub mit the case to the Government for orders sub-section
6. (4) of section 10.

Special provisions regarding termination for non-payment of rent. —

1. (1) Where the tenancy of any land held by a tenant is terminated for non-payment of rent and the landlord files any proceeding to eject the tenant, the Mamlatdar shall call upon the tenant to tender to the landlord the rent in arrears together with the cost of the proceedings within thirty days from the date of the order and if the tenant complies with such order, the Mamlatdar shall, in lieu of making an order of ejectment, pass an order directing that the tenancy has not been terminated, and thereupon the tenant shall hold the land as if the tenancy had not been terminated: Provided that nothing in this section shall apply to any tenant whose tenancy is terminated for non-payment of rent if he has failed for any three years to pay rent within the period fixed by or under this Act and the landlord has complied with the requirements, if any, of any notice to the tenant by or under this Act.
2. (2) The landlord may apply to the Mamlatdar in the prescribed form for recovery of arrears of rent for any period not exceeding three years. The Mamlatdar may, after such enquiry as he considers necessary, pass such order as he deems fit. The Mamlatdar in passing an order shall allow the tenant, to set off the sum, if any, paid by him to the landlord within the period of three years immediately preceding the date of application made under sub-section
3. (1) in excess of the rent due from him: Provided that if the Mamlatdar is satisfied that in consequence of a total or partial failure of crops or similar calamity the tenant has been unable to pay the rent due, the Mamlatdar may, for reasons to be recorded in writing,
   • (i) direct, after hearing the landlord, that no rent shall be payable for the period of such failure of crops by the tenant, or
   • (ii) direct, after hearing the tenant and the landlord, that the arrears of rent, or such part thereof as may be considered reasonable by the Mamlatdar, together with the cost of proceedings, if awarded, shall be paid within one year from the date of the order and that if before expiry of the said period the tenant fails to pay the said arrears of rent and costs the tenancy shall be deemed to be terminated and the tenant shall be liable to be evicted.
4. (3) When a tenant tenders an amount on account of rent to the landlord for any period and if the-landlord refuses to receive it or refuses to grant a receipt for it, the tenant may present to the Mamlatdar an application in writing for permission to deposit in his office the full amount of rent. The Mamlatdar may receive the amount in deposit and give a receipt for it. Notice of the amount so deposited shall be given to the landlord and if the Mamlatdar is satisfied that the payment by the tenant was bona fide it shall be paid to the landlord, and thereupon it shall constitute a discharge of the tenant's liability in respect of the rent for such period and no claim or application by a landlord for rent shall be maintainable in respect of the period for which the rent has been so deposited by the tenant.

Tenancy during usufructory mortgage.— If any land is mortgaged by a landlord by way of usufructory mortgage to a tenant cultivating such land, the tenancy of such land shall be in abeyance during the period the mortgage subsists. After the expiry of the said period it shall, notwithstanding any other law for the time being in force, be lawful for the tenant to continue to hold the land on the terms and conditions on which he held it before the mortgage was created.

A Tenant's right of first purchase.—

1. (1) When a landlord intends to sell any land cultivated by a tenant he shall give notice of his intention to the tenant in the prescribed manner and shall specify the price at which the sale is to take place and call upon him to state within 90 days of receipt of the notice whether he is willing to buy the land at the price specified.
2. (2) The tenant may within 90 days of receipt of the notice signify in the prescribed manner his readiness to purchase the land at the price specified in the notice and there upon a contract to purchase the land at the said price shall be deemed to have been concluded between the landlord and the tenant.
3. (3) If the tenant is willing to purchase the land but contends that the price specified in the notice is excessive he may apply to the Collector in the prescribed manner within 30 days of receipt of notice under sub-section
4. (1) for determining the price whereupon the Collector shall determine the same in the prescribed manner in accordance with the principles laid down in the Land Acquisition Act, 1894 and the price so determined by the Collector shall be deemed to be the price specified in the notice under sub-section (1). But the tenant shall in such an event exercise the option conferred by sub-section
5. (2) within 60 days the receipt of notice of the price fixed by the Collector.
6. (4) If the tenant fails within the period specified in sub-section
7. (1) to signify his acceptance as provided in sub-section (2), the landlord shall be free to sell the land in question to any person at a price not lower than that set out in the notice or the price determined by the Collector under sub-section
8. (3) as the case may be.
9. (5) Any sale by a landlord to a person other than a tenant without giving the notice required by sub-section (1), or before the expiry of the period of the said notice or at price lower than that set out in the notice or the price determined by the Collector under sub-section
10. (3) as the case may be, shall be void.
11. (6) Notwithstanding anything in this section, a tenant who fails to avail himself of the offer of first purchase made under sub-section
12. (1) shall not, by reason thereof, cease to be a tenant, but shall continue as a tenant under the new owner on the same terms and conditions as before.
13. (7) Government may, subject to due appropriation being made in this behalf, grant on such terms as may be prescribed, a loan to a tenant for the purchase of any land in respect of which a notice has been served upon him under sub-section (1)".

Rights of tenants are heritable.—

1. (1) Where a tenant dies, the landlord shall be deemed to have continued the tenancy—
   • (a) if such tenant was a member of a joint family, to the surviving member or members of the said family, and
   • (b) if such tenant was not a member of a joint family, to his heir or heirs on the same terms and conditions on which such tenant was holding it at the time of his death.
2. (2) The surviving members, or as the case may be, the heirs to whom the tenancy is continued under sub-section
3. (1) shall be entitled to partition and sub-division of the land leased subject to the following conditions:
   • (a) each sharer shall hold his share as a separate tenant;
   • (b) the rent payable in respect of the land leased shall be apportioned among the shares according to share allotted to them; and if any question arises regarding the shares or the apportionment of the rent payable by the sharers, it shall be decided by the Mamlatdar whose decision shall be final. Provided, however, that no partition or sub-division shall be permissible if the share allotted to any heir or any co-parcener together with any other land already held by him is less than 1/3 hectare of morod land and 1/4 hectares of Khajan or kher land. Explanation.— The allotment of a separate number to any portion of the land for the purposes of land records or land survey under any law for the time being in force shall not, by itself amount to a subdivision or partition for the purpose of this sub-section".
4. (3) Where any question arises as to the person or persons in whose favour tenancy is deemed to have been continued under the foregoing provisions, such question shall be determined by the Mamlatdar after hearing the landlord and other persons interested in the matter:

Sub-division, sub-letting and assignment prohibited Sub-division, sub-letting and assignment prohibited.—

1. (1) Save as otherwise provided in this Act, no sub-division or sub-letting of the land held by a tenant or assignment of any interest therein .shall be valid.
2. (2) Notwithstanding anything contained in sub-section (1), it shall be lawful for a tenant:—
   • (a) who is a widow, minor or a person subject to any physical or mental disability, or a serving member of the Defence Forces to sub-let such land held by her or him as a tenant, or
   • (b) who is a member of a Co-operative Society and as such member to sub-let, assign, mortgage or to create a charge on his interest in the land in favour of such Society.
3. (3) Notwithstanding anything contained on sub-section (1), it shall also be lawful for a tenant to mortgage or create a charge on his interest in the land in favour of the Government or of a Co-operative Society, [or corresponding new Bank] in consideration of a loan advanced to him by the Government or the Co-operative Society, [or corresponding new Bank] as the case may be and without prejudice to any other remedy open to the Government or the Co-operative Society, [or corresponding new Bank] as the case may be, in the event of his making default in payment of such loan in accordance with the terms on which such loan was granted it shall be lawful for the Government or the Co-operative Society, [or corresponding new Bank] as the case may be, to cause his interest in the land to be attached and sold and the proceeds to be applied in payment of such loan.

A. Lands mortgaged to Government and co-operative societies.— When a tenant has mortgaged his interest in the land in favour or Government or a co-operative society [or corresponding new Bank] with the permission of Government, in consideration of a loan advanced to him, then notwithstanding anything contained in any other provision of this Act, the landlord shall not, while the mortgage subsists, without the prior permission of Government, be entitled to resume the land for personal cultivation, or to terminate the tenancy on any of the grounds mentioned in section 11 or otherwise, nor shall the tenant be entitled without such permission to surrender his interest to the landlord and any such surrender shall be void: Provided, however, that for the period during which such permission has been sought but has not been granted, the obligations of the tenant under this Act to the landlord shall devolve upon Government or the co-operative society [or corresponding new Bank] as the case may be.

Bar to attachment, seizure or sale by process of Court.—

Dwelling house of tenant in landlord's site "17. Dwelling house of tenant in landlord's site.—

1. (1) If in any village, a tenant of any agricultural land is in occupation of a dwelling house on a site belonging to his landlord, such tenant shall not be evicted from such dwelling house (with the materials and the site thereof and the land immediately appurtenant thereto and necessary for its enjoyment as a dwelling house).
2. (2) The provisions of sub-section
3. (1) shall not apply to a dwelling house which is situate on any land used for the purpose of agriculture the tenancy of which has been terminated for personal cultivation by the landlord.
4. (3) If the landlord of a site referred to in sub-section
5. (1) intends to sell such site, such tenant at the expense of whom or whose predecessor-in-title a dwelling house is built thereon*, shall be given in the manner provided in sub-section
6. (4) the first option of purchasing the site at a value determined by the Tribunal.
7. (4) The landlord intending to sell such site shall give notice in writing to the tenant requiring him to state within ninety days from the date of service of such notice whether he is willing to purchase the site.
8. (5) If within the said period the tenant intimates in writing to the landlord that he is willing to purchase the site, the landlord shall make an application to the Tribunal for the determination of the market value of the site. On receipt of such application the Tribunal shall, after giving notice in the prescribed manner and after holding enquiry, determine the market value of the site and shall, by an order in writing, require the tenant to deposit the amount so determined within ninety days from the date of such order. On the deposit of such amount the site shall be deemed to have been transferred to the tenant and the amount deposited shall be paid to the landlord. The Tribunal shall, on payment of the prescnbed fees, grant a certificate in the prescribed form to the tenant specifying therein the particulars of the site so transferred and the name of the tenant. Provided that where the Tribunal is satisfied that the tenant is unable to make the deposit of the said amount within the period mentioned above it may permit the tenant to make the deposit in three equal annual installments, or, where the tenancy is terminated earlier, in suitable installments before the termination; in such cases the site shall be deemed to have been transferred to the tenant on payment of last installment.
9. (6) If in respect of a site which a landlord offers to sell to the tenant under the provisions of sub-section (3), the value payable therefor by the tenant is agreed to between him and the landlord, either the landlord or the tenant or both jointly may apply to the Tribunal and thereupon the Tribunal shall, on payment of the prescribed fees, grant a certificate in the prescribed form; the value that is so agreed upon shall be deemed to be the market value determined by the Tribunal for the purposes of sub-section (5).
10. (7) If the tenant fails to intimate his willingness to purchase the site within the period referred to in sub-section
11. (4) or fails to deposit the amount of the value within the time specified in sub-section (5), the tenant shall be deemed to have relinquished his right of first option to purchase the site: Provided that no tenant of agricultural land shall, so long as he remains such ' tenant, be liable to be evicted from the site by the purchaser of such site unless any nearby site is offered to him by the landlord or by the Government. Provided further that the tenant shall be entitled to such compensation as may be determined by the Tribunal, for any loss caused to him on account of the eviction.
12. (8) Any sale of a site effected in contravention of this section shall be void.
13. (9) The Government may, by notification direct that the foregoing provisions of this section shall, in any area specified in the notification, apply also in respect of dwelling houses and the sites thereof occupied by agricultural labourers or artisans or in respect of land held or lease by persons carrying on allied pursuits for the purpose of such pursuit."

Procedure for taking possession.—

1. (1) A tenant entitled to possession of any land or dwelling house under any of the provisions of this Act may apply in writing for such possession to the Mamlatdar. The application shall be made in such form and within such period as may be prescribed by or under this Act.
2. (2) No landlord shall obtain possession of any land or dwelling house held by a tenant except under an order of the Mamlatdar, for which he shall make an application in such form and within such period as may be prescribed by or under this Act.
3. (3) On receipt of an application under sub-section
4. (1) or
5. (2) the Mamlatdar shall, after holding an enquiry, pass such orders thereon as he deems fit, with due regard to the other provisions of this Act and the Rules.
6. (4) Any tenant or landlord taking possession of any land or dwelling house except in accordance with the provisions of sub-section
7. (1) or (2), shall be liable to forfeiture of crops, if any, grown in the land in favour of the landlord or the tenant, as the case may be, in addition to payment of such costs as may be awarded by the Mamlatdar or by the Collector on appeal and also to the penalty, if any, prescribed by or under this Act.
8. (5) The Government may, by notification, direct that the provisions of the foregoing sub-sections shall apply to sites used for allied pursuits as they apply to sites of dwelling houses of an agriculturist and thereupon the provisions shall so apply. CHAPTER IIA Special rights and privileges of tenants

Tenants deemed to have purchased lands on tillers' day.—

1. (1) On the tillers' day, every tenant shall, subject to the other provisions of this Act, be deemed to have purchased from his landlord the land held by him as a tenant and such land shall vest in him free from all encumbrances subsisting on the said day.
2. (2) Where a tenant, on account of his eviction from the land by the landlord before the tillers' day, is not in possession of the land on the said day, but has made or makes an application for possession of the land under section 18 within the period specified therein, then, if the application is allowed by the Mamlatdar or, as the case may be, in appeal by the Collector or in revision by the Administrative Tribunal, he shall be deemed to have purchased the land on the day on which the final order allowing the application is passed.
3. (3) Where a tenant referred to in sub-section
4. (2) has not made an application for possession within the period specified under section 18 or the application made by him is finally rejected under this Act, and the land is held by any other person as tenant on the expiry of the said period or on the date of the final rejection of the application, such other person shall be deemed to have purchased the land on the date of the expiry of the said period or, as the case may be, on the date of the final rejection of application.
5. (4) If a tenant is not in possession of the land on the tillers' day on account of his being dispossessed otherwise than in the manner provided in section 11 and the land is,
   • (a) in possession of the landlord or his successor in interest; and
   • (b) not put to a non-agricultural use, the Mamlatdar shall not withstanding anything contained in this Act, either suo motu or on the application of the tenant, hold an inquiry and direct that such land shall be taken from the possession of the landlord or, as the case may be, his successor in interest and shall be restored to the tenant and the provisions of this Chapter shall, in so far as they may be applicable, apply thereto, subject to the modification that the tenant shall be deemed to have purchased the land on the date on which the land is restored to him: Provided that the tenant shall not be entitled to restoration under this sub-section unless he undertakes to cultivate the land personally. Explanation.— In this sub-section, "successor-in-interest" means a person who acquires the interest by testamentary disposition or devolution on death.
6. (5) In respect of the land deemed to have been purchased by a tenant under sub-section (1),—
   • (a) the tenant-purchaser shall be liable to pay to the former landlord the purchase price; and
   • (b) the tenant-purchaser shall be liable to pay to the Government, the dues, if any, from the tillers' day.

Right of tenant to purchase land where he is a minor, etc. —

1. (1) Notwithstanding anything contained in section 18A, where the tenant is a minor or a widow or a person subject to mental or physical disability or a serving member of the Defence Forces, the right to purchase land under that section may be exercised—
   • (a) by the minor within one year from the date on which he attains majority;
   • (b) by the successor in title of the widow within one year from the date on which her interest in the land ceases to exist;
   • (c) within one year from the date on which the mental or physical disability of the tenant ceases to exist;
   • (d) within one year from the date on which the tenant ceases to be a serving member of the Defence Forces: Provided that where a person of any such category is a member of a joint family, the provisions of this sub-section shall not apply if at least one member of the joint family is outside the categories mentioned in this sub-section, unless before the tillers' day the share of such person in the joint family has been separated by metes and bounds, and the Mamlatdar on inquiry is satisfied that the share of such person in the land is separated having regard to the area, assessment, classification and the value of the land, in the same proportion as the share of that person in the entire joint family property.
2. (2) A tenant desirous of exercising the right conferred on him under sub-section
3. (1) shall give an intimation in that behalf to the land lord and the Mamlatdar within whose jurisdiction the land is situated in the prescribed manner within the period specified in that sub-section.
4. (3) The provisions of section 18A and sections 18C to 181 shall, so far as may be applicable apply to such purchase.

Mamlatdar to issue notices and determine price of land to be paid by tenants.—

1. (1) As soon as may be after the tillers day, the Mamlatdar shall publish or cause to be published a public notice in the prescribed form in the Official Gazette arid also in such other manner as may be prescribed calling upon—
   • (a) all tenants who under section 18A are deemed to have purchased the lands;
   • (b) all landlords of such land and
   • (c) all other persons interested therein, to appear before him on the date specified in the notice.
2. (2) Notwithstanding anything contained in sub-section (1), the Mamlatdar may, on his own motion or on an application from any person who has been called upon to appear before him under sub-section (1), give an opportunity to appear before him on any subsequent day, time and place other than that specified in the public notice under sub-section (1), to —
   • (a) such tenants or such persons claiming to be tenants;
   • (b) such landlords and other interested parties, who had appeared before the Mamlatdar in response to notice published under sub-section (1);
3. (3) The Mamlatdar shall record in the prescribed manner the state- ment of the tenant whether he is or is not willing to purchase the land held by him as a tenant.
4. (4) Where any tenant makes a statement that he is not willing to purchase the land, the Mamlatdar shall, by an order in writing declare that such tenant is not willing to purchase the land and that die purchase is ineffective. Provided that if such order is passed in default of the appearance of any party, the Mamlatdar shall communicate such order to the parties and any party on whose default the order was passed may within sixty days from the date on which the order was communicated to him apply for the review of the same.
5. (5) If a tenant is willing to purchase, the Mamlatdar shall, after giving an opportunity to the tenant and the landlord and all other persons interested in such land to be heard and after holding an inquiry determine the purchase price for such land in accordance with the provisions of section 18D.
6. (6) In the case of a tenant who is deemed to have purchased the land on a date subsequent to the tiller's day, the Mamlatdar shall, as soon as may be after such day, determine the price of the land.

Purchase price payable to the landlords.—

1. (1) The purchase price payable by a tenant to the landlord in relation to the land which has been deemed to have been purchased by the tenant under section 18A shall be the amount indicated in column 2 of the Table below in respect of the categories of land specified in the corresponding entry in column 1 thereof. TABLE Category of land Purchase price (in rupees) per hectare Garden consisting primarily of:
   • (a) Coconut trees 4,000
   • (b) Arecanut trees 3,000
   • (c) Mango trees 2,500
   • (d) Cashew tree 1,600 Rice Land:
   • (a) Kher 4,000
   • (b) Khazan 3,600
   • (c) Morod 1,600 Wet land where sugarcane is cultivated: 2,500

Mode of payment of purchase price by tenant. —

1. (1) On the determination of the purchase price by the Mamlatdar under section 18C, the tenant shall deposit the purchase price with the Mamlatdar in the manner provided in this section.
2. (2) The tenant shall have the option to deposit the purchase price either in lumpsun or in ten equal annual installments.
3. (3) The first installment of the purchase price or where the purchase price is payable in a lumpsum under sub-section (2), the lumpsum, shall be paid by the tenant within a period of six months from the date of passing of the order of the Mamlatdar under section 18C.
4. (4) The second or subsequent installments of the purchase price shall be paid within a period of one year from the date on which the previous instalment was due.
5. (5) Where the lumpsum payment or any installment of the purchase price has not been deposited on the due date, the amount in default shall carry interest at the rate of six per cent per annum.

Amount of purchase price to be applied towards satisfaction of debts.—

1. (1) The Mamlatdar shall in an inquiry held under section 18C, determine any encumbrances lawfully subsisting on the land on the tillers' day.
2. (2) If the total amount of the encumbrances is less than the purchase price determined under that section,-
   • (i) where the purchase price is paid in lumpsum, it shall be deducted from the purchase price and the balance paid to the former landlord;
   • (ii) where the purchase price made payable in installments, the Mamlatdar shall deduct such amount from such installments towards the payment of such encumbrances: Provided that where under any agreement, award, decree or order of a court or under any law, the amount of the encumbrances is recoverable in installments, the Mamlatdar shall deduct such amount as he deems reasonable from the installments so payable.
3. (3) If the total amount of the encumbrances is more than the amount so determined, the purchase price in lumpsum or the installments, as the case may be, shall be distributed in the order of priority and if any person has a right to receive maintenance or alimony from the profits of the land the Mamlatdar shall also make deductions for pay ment out of the purchase price.
4. (4) Nothing in this section shall affect the rights of the holder of any such encumbrance to proceed against the former landlord in any other manner or under any other law for the time being in force.

Recovery of purchase price as arrears of land revenue.— If the tenant-purchaser makes a default in the payment of the whole or part of the purchase price, the Mamlatdar shall, on an application made in this behalf by the landlord proceed to recover such sum which is in arrears on the date of application, together with any interest due as arrears of land revenue.

Purchase to be ineffective on tenant-purchaser's failure to pay purchase price.—

1. (1) On the deposit of the purchase price in lumpsum or of the first installment of such price, the Mamlatdar shall issue a certificate of purchase in the prescribed form to the tenant-purchaser in respect of the land and such certificate shall, subject to sub-section (2), be conclusive evidence of the purchase.
2. (2) In the event of failure of recovery of purchase price as arrears of land revenue under section 18G, the purchase shall be ineffective and the land shall be at the disposal of the Mamlatdar under section 18J and any amount deposited by such tenant-purchaser towards the price of the land shall be refunded to him.

Right of tenant whose tenancy has been created after tillers' day.—

1. (1) Notwithstanding any agreement or usage to the contrary, in respect of any tenancy created after the tillers' day, a tenant shall be entitled within one year from the commencement of such tenancy to purchase from the landlord the land held by him.
2. (2) The provisions of this Chapter shall in so far as may be applicable, apply to the purchase of the land by a tenant under sub-section (1).

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

1. (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 that the land or part thereof shall be disposed of in the manner provided in sub-section (2).
2. (2) The Mamlatdar shall make an order directing that the land or part thereof referred to in sub-section
3. (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 Scheduled 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 Goa Co-operative Societies Act, 2001 (Goa Act 36 of 2001). Explanation I. — 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.
4. (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.
5. (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.

Restrictions on transfers of land purchased under this Chapter.- No land purchased by a tenant under this Chapter shall be transferred by sale, gift, exchange, mortgage, lease or assignment without the previous sanction of the Mamlatdar: Provided that no such sanction shall be necessary where the land is to be mortgaged in favour of the Government or a co-operative society for the purpose of a loan for effecting any improvement of such land.

Power to make rules.—

1. (1) The Government may make rules for the purpose of carrying into effect the provisions of this Chapter.
2. (2) Without prejudice to the generality of the foregoing power, such rules may provide for—
   • (a) the manner in which the tenant should intimate the land lord and the Mamlatdar under sub-section
3. (2) of section 18B;
   • (b) the form of public notice and the manner in which it is so be published under sub-section
4. (1) of section 18C;
   • (c) any other matter which is required to be prescribed".]

Application of this chapter:— The provisions of this Chapter shall come into force only on a date to be fixed specially by notification, which shall not be earlier than the date of completion of survey and settlement of agricultural land in the particular area, in pursuance of the provisions of this Act or any other law. Provided that where the landlord is able to furnish adequate proof to the satisfaction of the Mamlatdar as to his ownership and the extent, identity and other relevant particulars of the land and where the other conditions prescribed by or under this Act for resumption of land for personal cultivation are satisfied, the Mamlatdar may authorise resumption.

Resumption of land for personal cultivation.—

1. (1) Notwithstanding anything contained in the other provisions of this Act, but subject to the provisions of this chapter, a landlord may, in the manner provided in sub-section (2), terminate the tenancy of any land if the landlord genuinely requires the land for cultivating it personally.
2. (2) Where the landlord proposes to act under sub-section
3. (1) he shall give a notice to the tenant in writing, stating the purpose for which the landlord requires the land and shall save as otherwise provided in sub-section (3), serve the notice on the tenant on or before a date to be notified in this behalf by the Government. A copy of such notice shall, at the same time, be sent to the Mamlatdar. An application for possession shall be made to the Mamlatdar within ninety days, from the date aforesaid and the Mamlatdar may, after being satisfied as to the genuineness, pass orders authorising the termination of tenancy and eviction of the tenant.
4. (3) Where the landlord is a minor, or a widow with a life interest or a person serving in the Defence Forces or a person subject to any physical or mental disability, then, if he has not given a notice and made an application as required by sub-section (2), such notice may be given and such application may be made—
   • (a) by the landlord within one year from the date on which—
     • (i) in the case of a minor, he attains majority;
     • (ii) in the case of a person serving in the Defence Forces, he ceases to serve in such Forces, and
     • (iii) in the case of a person subject to physical or mental disability, he ceases to be so subject; and
   • (b) in the case of a widow with a life interest, by the successor in title within one year from the date on which the widow's interest in land ceases to exist: Provided that where land is held by two or more joint holders, the provisions of this sub-section shall not apply, if at least one joint holder is outside the categories specified in this sub-section: Provided further that in cases coming under sub-clause
     • (ii) of clause (a), the provisions of sub-sections
5. (4) and
6. (5) shall not apply.
7. (4) The landlord's right to terminate the tenancy of any tenant under sub-section
8. (1) shall be subject to the following conditions—
   • (a) the landlord or a member of his family must reside in the village in which the land is situated or in a village within 7 kilometres thereof, during the major portion of any agricultural season;
   • (b) he shall not be entitled to resume more than 2 hectares of paddy land in the case of Khajan or Kher lands and 4 hectares in the case of any other land.
   • (c) the landlord is not cultivating any other land;
   • (d) the income by the cultivation of the land he seeks to resume is his main or principal source of income for his maintenance; and
   • (e) if more tenancies than one are held under the same landlord, then the landlord shall be competent to terminate only the tenancy or tenancies which are the shortest in point of duration. Explanation — For the removal of doubt it is hereby declared that the condition in clause
   • (c) shall not apply where the extent of land, if any, already under the personal cultivation of the landlord is less than the ceiling specified in clause
   • (b) and the area sought to be resumed does not exceed what is required to make up such ceiling.
9. (5) For the purposes of this section all partitions of property between co-owners, joint tenants or co-parcenors, and all transfers of property by way of gift, made on or after the date to be notified in this behalf shall be ignored and deemed not to exist unless such partition or transfer is approved by the Tribunal.
10. (6) No tenancy can be terminated under this section-
    • (a) in such manner as will result in leaving with a tenant, after termination, less than half the area of the land leased to him, or
    • (b) if, the tenant has become a member of a co-operative fanning society, so long as he continues to be such member.
11. (7) If a landlord who resumes any land for personal cultivation under the foregoing provisions fails to cultivate the land within one year from the date of such resumption he shall, within the prescribed time, restore possession of the land to the tenant who was cultivating the land immediately before such resumption.
12. (8) If, within the prescribed time, the tenant makes an application to the Mamlatdar and satisfies him that the landlord has failed to comply with the provisions of sub-section (7), the tenant shall be entitled on a direction by the Mamlatdar to obtain immediate possession of the land and to such compensation as may be awarded by the Mamlatdar for any loss caused to the tenant by eviction and by failure on the part of the landlord to restore or give possession of the land to him as required under that sub-section.
13. (9) If, in consequence of the termination of tenancy under the foregoing provisions, any part of the land leased is left with the tenant, the rent of the land so left shall be apportioned in the prescribed manner in proportion to the area of such land.
14. (10) The tenancy of any land left with the tenant after the termination of the tenancy for personal cultivation, shall not, at any time, afterwards be liable to termination again on the ground that the landlord genuinely requires the land for personal cultivation.

Reservation for non-agricultural purposes. — A landlord may terminate the tenancy of any tenant and reserve the land for any-agricultural purposes, if he is permitted to do so by the Government.

Special rules Special rules. — Without prejudice to the generality of sub-section

1. (1) of section 61 but subject to sub-section
2. (2) thereof, the Government may make rules for —
   • (i) the manner of conducting enquiries into applications for possession of lands made under this chapter;
   • (ii) the selection of lands for taking possession;
   • (iii) the exchange or consolidation of fragments to secure as far as possible a contiguous area to the landlord or the tenant;
   • (iv) the time when the termination of tenancy will take effect; and
   • (v) any other matter as may be considered necessary for giving effect to the provisions of this chapter. Explanation — In this section the expression "fragment" means such area as may be prescribed.