section 15
Provided that nothing in this sub-section shall preclude the rights of parties being determined by a court of law.
The Goa Agricultural Tenancy Act, 1964Civil196485 sections7 chapters
Chapter II Chapter II
Statutory text
Sub-division, sub-letting and assignment prohibited Sub-division, sub-letting and assignment prohibited.—
- (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) 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) 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.
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