Chapter VIII Chapter VIII

Miscellaneous

Lands held by Comunidades.— For the removal of doubts it is hereby declared [that the lands owned by a Comunidade shall be deemed to be owned- by it as a single person and not by the individual members thereof and] that the provisions of this act shall apply to [such lands] and the provisions in the Code of Comunidades or any other Decree or other law relating to Comunidades shall stand modified or repealed to the extent necessary.

Exemption.—

1. (1) The provisions of this Act shall not apply to lands leased or held by the Government or lands granted to or for the benefit of any individual specifically for rendering any service to any religious, educational or charitable institution or for any other specific service to the public [or lands vested in the Custodian under the Goa, Daman and Diu Administration of Evacuee Property Act, 1964].
2. (2) The Government may, by notification, exempt any class of persons from the operation of all or any of the provisions of this Act.
3. (3) In particular, and without prejudice to the generality of sub-section (2), the Government may grant such exemption in respect of any land which is the property of a temple, church, mosque or any other institution for public religious worship or of a trust for educational or charitable purpose, or hospital, pinjrapole or goshala, provided that the entire income of such land is appropriated for the purpose of such temple, church, mosque institution, trust, hospital, pinjrapole or goshala.
4. (4) The Government may, by notification, reserve any area for non-agricultural purposes, or industrial development and thereupon the provisions of this Act shall cease to apply in relation to any land in such area.
5. (5) Any exemption which is granted by Government may be withdrawn by the Government by notification.

Delegation of powers.— The Government may, by notification, delegate to any officer not below the rank of a Collector, all or any of the powers conferred on Government by or under this Act subject to such conditions if any,- as may be specified in the notification.

Bar to jurisdiction of Courts.—

1. (1) No suit or other proceeding shall lie against any person in respect of anything which is in good faith done or intended to be done under this Act.
2. (2) Save as provided in this Act, no Court shall have jurisdiction to settle, decide or deal with any question which is by or under this Act required to be settled, decided or dealt with by the Mamlatdar, Tribunal, Collector or Government, and no order passed by these authorities under this Act shall be questioned in any Civil or Criminal Court.

A. Bar on appearance by Pleaders.— Not withstanding anything contained in this Act or any law for the time being in force, no pleader shall be entitled to appear on behalf of any party in any proceedings under this Act before the Mamlatdar, or the Collector: Provided that the Mamlatdar, or the Collector may, in the interests of justice and for reasons to be recorded in writing, allow the parties to be represented at their own cost by a pleader: Provided, further, that pleader's fees shall not be allowed as part of the costs in any such proceedings: Provided also that if any officer of Government is appointed or declared by a competent court or is authorised under any law for the time being in force as a guardian, administrator or manager of the property of a person who is under a legal disability or is incompetent or unable to manage or to act, such Officer shall be entitled to appear through a representative authorised by him in writing in this behalf in any proceedings before the Mamlatdar, or the Collector.

Power to give directions Power to give directions.—

shall have power to issue directions or orders to Mamlatdars, Tribunal and Collectors, to give effect to the provisions of this Act and the rules made thereunder.

Penalty Penalty.—

Offences under the Act to be cognizable and compound-able A. Offences under the Act to be cognizable and compound-able:— Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (5 of 1898)—

1. (a) every offence under this Act shall be cognizable; and
2. (b) every such offence may, with the permission of the Court, be compoundable.

Offences by Companies.— Where a person committing an offence under this Act is a company or other body corporate, or an association of persons (whether incorporated or not) every Director, Manager, Secretary, Agent or other Officer or person concerned with the Management thereof, shall unless he proves that the offence was committed without his knowledge or consent, be deemed to be guilty of such offence.

Regarding duties, functions and powers of Mamlatdar.— Notwithstanding anything contained in this Act, including clause

1. (15) of section 2, the Mamlatdar shall be deemed to have validly performed the duties and functions and exercised the powers of the Mamlatdar, before the date of commencement of the Goa Agricultural Tenancy (Amendment) Act, 2015, as if such powers were vested in him at all material times under this Act.

Rules.-

1. (1) The Government may, by notification, make rules generally to carry out the purposes of this Act.
2. (2) All rules made under this Act shall be subject to the condition of previous publication and all rules shall be laid on the table of the Legislative Assembly after they are made and shall be subject to such modifications as the Assembly may make during the Session in which they are so laid or the session immediately following.

Validation of notices, proceedings, orders, etc., of the Mamlatdar.—

1. (1) Notwithstanding anything contained in this Act or in any judgment, decree or order of any Court or Tribunal or any other authority to the contrary, all notices given inquiries held, proceedings conducted, disputes decided, orders passed and all actions taken or done by any Mamlatdar, purporting to act as the Mamlatdar under this Act, before the date of commencement of the Goa Agricultural Tenancy (Amendment) Act, 2015, shall be deemed to have been validly given, held, conducted, decided, passed, taken or done, as the case may be, as if the person who exercised the powers of the Mamlatdar was the Mamlatdar duly appointed at all material times under this Act and no such notice, inquiry, proceeding, dispute, order or action shall be called in question in any Court or Tribunal or any other authority on the ground that the person who exercised the powers of the Mamlatdar was not a Mamlatdar duly appointed under this Act.

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62. Power to remove difficulties.—

If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order as occasion requires, do anything (not inconsistent with this Act) which appears to it to be necessary for removing the difficulty.