Chapter VI Chapter VI

Tribunal, Procedure and Appeals

Tribunal.—

1. (1) For the purpose of this act there shall be a Tribunal consisting of not more than three members, called the Agricultural Lands Tribunal, for such area as the Government may, by notification, from time to time specify.
2. (2) Notwithstanding anything contained in sub-section
3. (1) the Gov ernment may appoint any officer not below the rank of a Mamlatdar to be the Agricultural Lands Tribunal and to exercise the powers and to perform the duties and functions of the said Tribunal under this Act in a Taluka or in any other area as may be specified in this behalf.
4. (3) Save as otherwise provided, the qualifications of the members constituting the Tribunal and conditions of service and all other matters relating to the constitution or organisation of the Agricultural Lands Tribunal shall be such as may be prescribed.]

Other functions of the Tribunal, etc.—

1. (1) The Mamlatdar, the Tribunal and the Collector shall in addition to the powers and duties conferred upon them by or under the provisions of this Act, perform in relation to this Act such other functions as may be prescribed and shall decide such other matters as may be referred to them by the Government.
2. (2) All other matters arising for determination and all disputes between the landlord and the tenant in relation to matters arising under this Act and not otherwise provided for shall be decided by the Tribunal.
3. (3) The Government may by notification empower any other officer or authority, including a Village Panchayat or Co-operative Society or the Block Development Officer, with any of the powers and duties conferred by or under this Act on the Mamlatdar.

Powers of Tribunal.—

1. (1) The Tribunal shall have the same powers in making inquiries under this Act as are vested in Courts in respect of the following matters under the Code of Civil Procedure, 1908 in trying a suit, namely:
   • (a) proof of facts by affidavit,
   • (b) summoning and enforcing the attendance of any person and examining him on oath,
   • (c) compelling the production or documents,
   • (d) awarding costs, and
   • (e) such other powers as may be prescribed.
2. (2) The orders of the Tribunal shall be given effect to in the manner provided by or under this Act.

Commencement of Proceedings.— Save as otherwise expressly provided by or under this Act all inquiries and other proceedings before the Mamlatdar or Tribunal shall be commenced by an application which shall contain the following particulars:

1. (a) the name, age, profession and place of residence of the appli cant and the opponents;
2. (b) a short description and situation of the property of which possession is sought, or the amount of the claim, as the case may be;
3. (c) the circumstances out of which the cause of action arose;
4. (d) a list of the applicant's documents, if any, and of his witnesses, and whether such witnesses are .to be summoned to attend or whether the applicant will produce then on the day of the hearing; and
5. (e) such other particulars as may be prescribed.

A. Powers of the Mamlatdar to inquire into contraventions.—

1. (1) Notwithstanding the fact that no application has been made to him in this behalf the Mamlatdar may, upon information received or upon his own knowledge or suspicion, that any of the provisions of this Act have been contravened hold an inquiry in the prescribed manner into the alleged contravention as if an application had been made to him in this regard.
2. (2) Government may, in any case where it has reason to believe that there has been a contravention of the provisions of this Act, direct the Mamlatdar to hold an inquiry into alleged contravention.

Power to transfer proceedings Power to transfer proceedings.—

1. (1) The Government, or the Collector within the area of his jurisdiction, may after due notice to the parties, by order in writing transfer any proceeding under this Act pending before a Mamlatdar from such Mamlatdar to any other Mamlatdar and the Mamlatdar to whom the proceeding is so transferred shall there upon exercise jurisdiction under this act in such proceedings.
2. (2) The Government may in exceptional circumstances or in public interest transfer to itself any proceedings pending before a tribunal or Collector.

Execution of order for payment of money or restoring pos session.—

1. (1) Any sum the payment of which has been directed by an order of the Mamlatdar or the Tribunal or the Collector including an order awarding costs, shall be recoverable from the person ordered to pay the same as an arrear of land revenue; an order of the Mamlatdar or the Tribunal awarding possession or restoring the possession or use of any land shall be executed such manner as may be prescribed: Provided that such recovery shall not be made and such order [other than an order directing the restoration of possession to a tenant] shall not be executed till the expiry of the period of appeal or, as the case may be, of application for revision as provided in this Act. [Explanation:— For the purposes of the preceding proviso the expression "tenant" shall not include a person deemed to be a tenant under section 4 or section 5].
2. (2) An order or decision of the Mamlatdar in execution proceedings, subject to appeal, if any, shall be final.

Appeals.—

1. (1) From every order [including an order passed under chapter II-A] other than an interim order passed by the Mamlatdar [or the Tribunal] under this Act, an appeal shall lie to the Collector and the orders of the Collector on such appeal shall be final, subject to revision, if any, by [the Administrative Tribunal.]
2. (2) From every original order other than an interim order passed by the Collector and appeal shall lie to the 3 Administrative Tribunal and the orders of [Administrative Tribunal] on such appeal shall be final.*

Revision.—

1. (1) where no appeal lies under this Act, or none has been filed within the period provided for it, the Collector may, on his own motion or on an application made by an aggrieved person or on a reference made in this behalf by the Government, at any time call for the record of any inquiry or the proceedings of any Mamlatdar [or Tribunal] for the purpose of satisfying himself as to the legality or propriety of any order passed by and as to the regularity of the proceedings of such Mamlatdar [or Tribunal] and pass such order thereon as he deems fit: Provided that no such record shall be called for after the expiry of one year from the date of such order and no order of such Mamlatdar shall be modified, annulled or reversed unless opportunity has been given to the interested parties to appear and be heard.
2. (2) An application for revision may be made to the Administrative Tribunal against any order, other than an interim order of the Collector, on the following grounds only:—
   • (a) that the order of the Collector was contrary to law;
   • (b) that the Collector has failed to determine some material issue of law; or
   • (c) that there was a substantial error in following the procedure provided by this Act, which has resulted in the miscarriage of justice.
3. (3) On the coming into force of the Goa, Daman and Diu Agricultural Tenancy (Amendment) Act, 1968, all revision applications pending with the Government shall stand transferred to the Administrative Tribunal and shall be disposed of by the said Administrative Tribunal as if they had been filed under sub-section (2).

Extent of powers in appeal or revision.—

1. (1) The Collector [or the Administrative Tribunal] in appeal or in revision, may confirm, modify or rescind the order in appeal or revision or its execution or may [remand the case- for disposal with such direction as deemed fit or) pass such other order as may seem legal and just in accordance with the provisions of this Act.
2. (2) The Orders passed in appeal or revision shall be executed in the manner provided for the execution of the orders of the Mamlatdar or the Tribunal under this Act.

Limitation and Court Fees.—

1. (1) Every appeal or application for revision under this Act shall be filed within a period of sixty days from the date of the order of the Mamlatdar, Tribunal or Collector, as the case may be and the provisions of sections 4, 5, 12 and 14 of the Limitation Act, 1963, shall apply to the filing of such appeal or applica tion for revision.
2. (2) Notwithstanding anything contained in the Court Fees Act, 1870 every appeal or application made under this Act to the Mamlatdar, Tribunal, Collector or the [Administrative Tribunal] shall bear a Court fee stamp of such value as may be prescribed.

Procedure.—

1. (1) Subject to the other specific provisions in this behalf, the procedure to be followed by the Mamlatdar or the Tribunal or the Collector in all inquiries, appeals and proceedings under this Act and in revision by the Collector shall be such as may be prescribed;
2. (2) Every decision or order passed under this Act shall be recorded in the form of an order which shall state the reasons therefor.
3. (3) All inquiries and proceedings before the Mamlatdar, the Tribunal, [and the Collector] shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code.