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Land Revenue Rules

Manual of Goa Laws (Vol. II) – 827 – Land Revenue Code and Rules
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Manual of Goa Laws (Vol. II) – 830 – Land Revenue Code and Rules

1. Short title and commencement.— (1) These rules may be called the Goa, Daman and Diu Land Revenue (Boundaries and boundary marks) Rules, 1969.

  1. (2) They shall come into force at once. 2. Definitions.— In these rules—
    • (a) “Chavdi” means, a local village panchayat office or other convenient and centrally located public place as the Collector may direct;
    • (b) “Code” means the Goa, Daman and Diu Land Revenue Code, 1968;
    • (c) “Director” means a Director of Settlement and Land Records;
    • (d) “Form” means a form appended to these rules;
    • (e) “Inspector” means the Inspector of Surveys and Land Records;
    • (f) “Section” means a section of the Code. 3. Authorized boundary marks and survey marks.— The following boundary marks and survey marks are authorized:-
    • (A) Boundary Marks:- Continuous marks:-
  2. (1) Walls,
  3. (2) Permanent fences,
  4. (3) Bunds dressed with stones with at least 0.50 meter height. Discontinuous marks:-
  5. (4) Regular stones or cement pillars of 80 centimetres height, 22 centimetres length

and 22 centimetres breadth for survey number boundary and of 50 centimetres height,

15 centimetres length and 15 centimetres breadth for sub-division boundary.

Manual of Goa Laws (Vol. II) – 893 – Land Revenue Code and Rules

  1. (5) Clear and distinct marking on permanent marks, if any, existing along the boundary line inscribing therein the letters “RA”.
  2. (6) Any other marks that may be prescribed by the Director to meet the requirement of any area specified by him in this behalf: Provided that, the Collector may permit the holders of land to substitute for one kind of mark any other authorized mark within such limits as the Director may, by any general or special order, define in that behalf.
    • (B) Survey Marks:—
  3. (1) For purpose of minor triangulation survey, cement blocks of the size 50 centimetres height, 25 centimetres by 25 centimetres bottom and 12 centimetres by 12 centimetres top with a triangle and a point inscribed at the centre of the top of the cement block, or any other survey mark that may be prescribed by the Director to meet the requirements of any area specified by him in this behalf.
  4. (2) For the auxiliary triangulation survey,—
    • (a) Galvanized iron hollow pipe of the size 38 centimetres height and 5 centimetres diameter buried in the center of a cement concrete square foundation of the size 30 centimetres length, 30 centimetres breadth and 10 centimetres height; or
    • (b) a hole 30 centimetres deep and 10 centimetres diameter made on a permanent mark; or
    • (c) any other survey mark that may be prescribed by the Director to meet the requirements of any area specified by him in this behalf. 4. Maintenance of continuous boundary marks.— The walls, permanent fences and bunds dressed with stones shall be maintained and kept in good repair. 5. Maintenance of discontinuous marks.— (1) Where the length of the boundary between the corners of a survey number is 250 metres or less no discontinuous mark should be raised in the interval, but in case there are bends, a stone should be fixed at each bend.
  5. (2) Where the line of boundary between the corners of a survey number is more than 250 metres but not more than 500 metres in length, one discontinuous mark should be raised midway between the corners, and stones should be fixed at all intermediate bends if any. It is not, however, necessary to place the intermediate mark exactly half way between the corners.
  6. (3) Where the line of boundary between the corners of a survey number is more than 500 metres in length an intermediate mark should be raised at approximately every 200 metres interval. 6. Determination of responsibility for maintenance of boundary marks.— (1) The responsibility of the several land holders for the maintenance of boundary marks on a common boundary lies on the holder of the survey number which is numerically lowest:

Manual of Goa Laws (Vol. II) – 894 – Land Revenue Code and Rules

Provided that, the Collector may declare two or more holders jointly responsible for the maintenance of boundary marks or make distribution as appears equitable or may recognize the existing customary distribution. His decision shall be recorded in the survey papers: Provided further that, where any survey number is, unoccupied or assigned for public or Government purposes, the responsibility for repair of the marks on its periphery shall lie on the landholder on the other side of the boundary except that where the marks in disrepair lie between survey numbers each of which has no holder except the Government, repairs shall be made at Government expense; and in such cases the Talathi shall be responsible for their maintenance.

  1. (2) Within each survey number, the holder or holders of each sub-division are responsible for the marks, if any have been prescribed on the periphery of that sub- -division to the same extent as the holder or holders of survey numbers are responsible under sub-rule (1).
  2. (3) A mark which is on the common boundary of two or more villages shall be repaired by the holders of the land in the village which is under restoration when the marks are found out of repair. 7. What boundary marks to be considered out of repair and how to be repaired.— The following boundary marks shall be considered out of repair and shall be repaired in the manner prescribed for each kind, as follows, namely:—
  3. (1) A continuous mark (walls, permanent fences or bunds dressed with stones) if broken down, disturbed or removed or height of the bund is less than 0.50 metre. Mode of repairs: It shall be either rebuilt or replaced or the height of the bund is raised to 0.50 metre throughout, or supplemented by discontinuous marks.
  4. (2) A discontinuous mark (regular stones or cement pillars and clear and distinct marking on permanent marks or any other marks prescribed by the Director) if broken down, disturbed or removed or overgrown or surrounded by vegetation of any kind so as not to be easily visible.

Mode of repairs:

A stone or cement pillar of prescribed size or marks prescribed by Director shall be substituted at the proper place and the vegetation shall be cleared away until the mark is easily visible: Provided that, in any case, where a boundary mark cannot, owing to flooding of a nala, or river, the breaking away of the bank or other causes, be kept in repair, another kind of authorized mark may be substituted. Where even that is impracticable, the direction of the boundary must be fixed by a pair of discontinous marks erected at an adequate distance back from the abandoned position, either both on the same side, or one on each opposite side thereof. 8. What survey marks to be considered out of repair and how to be repaired.— The following survey marks shall be considered to be out of repair and shall be repaired in the manner prescribed for each kind as follows:—

Manual of Goa Laws (Vol. II) – 895 – Land Revenue Code and Rules

  1. (1) Any cement block less than such size as may from time to time be prescribed by the Director. Mode of repairs: A cement block of proper size shall be substituted.
  2. (2) Any cement block, out of the ground or displaced from its correct position or buried less than two thirds of its length and loose.

Mode of repairs:

The cement block shall be replaced or fixed firmly at its correct place. 9. Demarcation of boundary marks on application.— (1) If the holder of or any person interested in, a survey number or a sub-division wishes to have it demarcated and boundary marks constructed thereon, he may apply in writing to the Director.

  1. (2) The application shall be accompanied by fees according to the scale prescribed from time to time in that behalf by the Director.
  2. (3) On receipt of the application, the Director shall cause the survey number or sub- -division to be measured by the Inspector, and get the boundary marks fixed thereon in accordance with the provisions of these rules, on the basis of measurements noted in the land records.
  3. (4) The cost of materials and labour incurred for fixation of boundary marks shall be paid by the holder of the survey number or sub-divisions. 10. Survey officers to furnish details of boundary marks to Collector.— On the introduction of a survey settlement or survey for the record of rights or of final town planning scheme or improvement scheme or a scheme for the consolidation of holdings under the provisions of the Code or of any law for the time being in force in the Union territory of Goa, Daman and Diu the Inspector shall furnish to the Collector a map, scheme and statements showing the position and description of the boundary marks erected or laid down by or under the orders of the Director. It shall be the duty of the Inspector to amend these maps in accordance with any subsequent alteration of boundaries in a revision survey or any other authorised occasion. 11. Programme for repairs of boundary marks and survey marks.— (1) A quinquennial programme for the repairs of the boundary marks and survey marks shall be fixed sufficiently in advance by the Collector, who shall send copies of the programme to the Director. In selecting the villages for the programme, the Collector shall select them by Circles so that each Revenue Inspector will have to be 8 to 10 villages or such number as the Collector may determine in his charge for this work, every year.
  4. (2) In villages where boundary marks are due for repairs in accordance with the programme fixed under sub-rule (1), a general notice shall be given by the Mamlatdar not later than 1st November, stating that, the boundary marks and survey marks are due for repairs, intimating what the authorised marks are and asking the holders to take necessary steps to complete the repairs by 30th November next following. The notice shall be pasted in the Chavdi and published by beat of drum.

Manual of Goa Laws (Vol. II) – 896 – Land Revenue Code and Rules

  1. (3) Between 1st December and 31st December, the Revenue Inspector accompanied by the Talathi and as many holders as possible, shall jointly inspect every boundary or survey mark in each survey number in the village and shall prepare a list of defective or missing marks. The Talathis shall thereafter issue individual notices to the holders concerned in Form A, requiring them to carry out the repairs within a period of one month from the date of notice, failing which the repairs would be carried out by Government at the cost of the holders.
  2. (4) After 31st December, the Talathi shall proceed to check about the repairs to the marks actually carried out by the holders as required by the notice under sub-rule (3); and shall strike off from the list of defective and missing marks, all the marks which are duly repaired or constructed. Not later than 1st February, the Talathi shall submit to the Revenue Inspector an amended list of marks which are still to be repaired or constructed, and simultaneously give a notice to the holders of survey numbers of sub-divisions included in the amended list asking them to select a contractor to repair or reconstruct the marks within ten days of the notice. If a contractor is selected, the Talathi shall get the work completed before the 31st March next following.
  3. (5) If no Contractor is selected by the holders, the Talathi shall send a report to the Mamlatdar through the Revenue Inspector before the 31st January for taking requisite orders. On receipt of such a report, the Mamlatdar may, after such enquiry as he may consider necessary, order the Talathi to have the marks repaired or constructed either by hired labour or through a contractor to be appointed by the Mamlatdar so as to complete the work before 31st March and recover the cost from the holders concerned. FORM ‘A’ (See rule 14) Notice requiring Holders of Land to repair Boundary Marks/Survey Marks From, The Talathi of village ........................................................ Taluka ..................................... To, ....................... ...................... Whereas the boundary marks/survey marks of your holding detailed below, are defective, you are hereby directed to put them into proper repairs within a period of one month from the date of this notice, failing which the repairs would be carried out by the Government at your cost:-

Manual of Goa Laws (Vol. II) – 897 – Land Revenue Code and Rules

Details of defective Survey No. or missing boundary/survey marks

  1. (1) (2) Date ........................ 19 Talathi. By order and in the name of the Administrator of Goa, Daman and Diu. Dr. J. C. Almeida, Revenue Secretary. Panaji, 16th February, 1971. ———— NOTIFICATION RD/LRC/245/69-71/II In exercise of the powers conferred by sub-section (2) of Section 199 of the Land Revenue Code, 1968 (9 of 1969) and all other powers enabling him in that behalf the Lieutenant Governor of Goa, Daman and Diu is hereby pleased to make the following rules:- RULES 1. Short title and commencement.— (1) These rules may be called “The Goa, Daman and Diu Realisation of Land Revenue Rules, 1969”.
  2. (2) They shall come into force at once.

2. Definition.— In these rules, unless the context requires otherwise—

“Chavdi” means, a local village Panchayat Office or other convenient and centrally located public place as the Collector may direct; “code” means the Goa, Daman and Diu Land Revenue Code, 1968; “revenue year” means the year commencing on the 1 st day of August; “Section” means a section of the Code. 3. Land revenue where and to whom to be paid.— (1) All payments of land revenue shall be made to the Talathi of village in which the land in respect of which such revenue is due is situated: Provided that, with the sanction of the Collector, such payment may, in special cases, be made into a Government treasury within the district to which the payment appertains:

Manual of Goa Laws (Vol. II) – 898 – Land Revenue Code and Rules

Provided further, that where the Collector declares any village in a taluka to be a centre for the payment of land revenue in respect of such villages as the Collector specifies in that behalf, payment of the Land Revenue due in the villages so specified to the Talathis of those villages shall be made at the centre so declared.

  1. (2) Any declaration made by the Collector, under sub-rule (1) shall be made known by affixing a copy thereof, in the Chavdi or some other public building in the villages concerned or in such other manner as the Collector may deem expedient. 4. Dates on which land revenue falls due and is to be paid.— (1) The land revenue payable on account of a revenue year shall fall due on the first day of that year.
  2. (2) Land Revenue payable for any revenue year shall be paid:-
    • (i) where the total land revenue payable by a person in respect of the land held by him in a village does not exceed Rs. 20/- in one instalment only on a date not later than the fifteenth day of January falling in that revenue year;
    • (ii) where the total land revenue payable by a person in respect of the lands held by him in a village exceeds Rs. 20/-, in two equal instalments, the first instalment shall be paid not later than the fifteenth day of January and the second instalment shall be paid not later than the fifteenth day of April falling in that revenue year: Provided that in any taluka or part thereof where these dates are found unsuitable for payment of land revenue due upon agricultural land, the Collector may with the sanction of the Government fix such other dates as he may deem expedient according to the circumstances of the season and of the villages concerned and the character of the crops generally grown therein and thereupon the land revenue due upon non-agricultural land shall also be paid in such taluka or part thereof on the date so fixed.

5. Form of notice of demand.— (1) The notice of demand to be issued under Section

124 shall be issued by the Talathi concerned in Form 1.

  1. (2) Separate notices of demand shall be issued against different defaulters. 6. Form of proclamation and written notice to be issued under Section 127.— The proclamation and written notice to be issued under Section 127 shall be in form 2. 7. Only portion of holding to be forfeited and the manner of its disposal under Section 47.— (1) Where an arrear of land revenue is due in respect of any holding, the Collector shall forfeit only such portion of such holding as is, in his opinion, required to satisfy the demand on account of the arrears of land revenue.
  2. (2) The Collector shall take possession of a holding forfeited under sub-rule (1) and may lease it to the former occupant or to any other person for a period of one year at a time.
  3. (3) If within three years of the date on which the Collector takes possession of the holding under sub-rule (2), the former occupant thereof applies for restoration of the

holding, the Collector may, after the expiry of the lease, if any, given under sub-rule (2)

restore the holding to the occupant on his paying to the Government the arrears due from

Manual of Goa Laws (Vol. II) – 899 – Land Revenue Code and Rules him as land revenue and a penalty equal to three times the assessment. If the former occupant fails to get the holding restored to him within the period aforesaid, the holding shall be sold by the Collector in the manner provided in rules 12 to 16. 8. Remission of arrears of land revenue in certain cases.— Where any land forfeited for default in payment of land revenue is not disposed of in accordance with the provisions of Section 47, the arrear of land revenue payable by the defaulter shall ordinarily be remitted without having recourse to further compulsory process against him. 9. Form of warrant of distraint of defaulter’s movable property and mode of making such distrait.— (1) For distraining the defaulter’s movable property under Section 125, the Collector shall issue a warrant of distraint in Form 3 to an officer not below the rank of Revenue Inspector (hereinafter referred to in this rule as “the distraining officer”).

  1. (2) The distraining officer may distrain the defaulter’s movable property by actual seizure and shall keep it in his custody or in the custody of any of his subordinates and shall be responsible for the property seized by him: Provided that where the movable property seized is subject to speedy and natural decay or where the expenses of keeping it in custody is likely to exceed its value, the distraining officer shall cause it to be sold at once in accordance with the orders of the Collector: Provided further that, where the movable property seized consists of live-stock, agricultural implements or other articles which cannot be conveniently removed, the distraining officer may if the property is not caused to be sold under the preceding proviso, leave it at the instance of the defaulter or any other person claiming to be interested in the property, in the village or at the place where it is distrained—
    • (i) in the charge of the defaulter or of the pound-keeper, if any; or
    • (ii) in the charge of the person claiming to be interested in the property or of any other person who in the opinion of the distraining officer, is respectable and is willing to keep the property in his custody; on such defaulter or pound-keeper or, as the case may be, such person entering into a bond with one or more sureties in an amount not less than the value of the property and giving an undertaking to produce it before the distraining officer when called for.
  2. (3) The distraining officer shall make a list of the property distrained and shall obtain thereto the acknowledgement of the person in whose custody, the property is left, and if possible of the defaulter and of at least one person who in his opinion, is, respectable in attestation of the correctness of the list. If the property distrained includes both live-stock and other articles, a separate list of the live-stock shall be prepared and attested as aforesaid.
  3. (4) Where the live-stock or other movable property is not left in charge of the defaulter, the expenses for feeding and watering the live-stock or for the safe custody of the other movable property, shall be charged at such rate as the Collector may, by general or special order, fix. The expenses so incurred shall be first charged on the sale proceeds of the property.

Manual of Goa Laws (Vol. II) – 900 – Land Revenue Code and Rules

10. Provisions of Civil Procedure Code to apply.— The provisions of rules 46 to 53 of Order XXI of the First Schedule to the Code of Civil Procedure, 1908, regarding the attachment of movable property dealt with in those rules shall, as far as may be, apply to the distraint of movable property made under the Code. 11. Attachment of immovable property.— (1) The attachment of immovable property under Section 128 shall be effected by an order to be issued by the Collector in Form 4 prohibiting the defaulter from transferring or charging the property in any way and prohibiting all other persons from taking any benefit from such transfer or charge.

  1. (2) The order shall be proclaimed by the Mamlatdar at some place on or adjacent to such property by beat of drum or other customary mode, and a copy of the order shall be affixed on a conspicuous part of the property and also on the notice board of the office of the Talathi.
  2. (3) The order shall take effect as against purchasers for value in good faith from the

date when a copy thereof is affixed on the property and against all other transferees from the defaulter from the date on which such order is made. 12. Sales of forfeited, distrained or attached property.— (1) Sales of forfeited, distrained or attached property shall ordinarily be held in the town or village in which the property is situated.

  1. (2) Proclamations and written notices of such sales shall be issued—
    • (a) in Form 5 in the case of forfeited property;
    • (b) in Form 6 in the case of distrained property;
    • (c) in Form 7 in the case of attached property. 13. Upset price may be fixed.— Where any land or other property is sold by public auction, an upset price shall, if the Collector thinks fit, be placed thereon. 14. Forms of certificates of sales.— After the sale of the immovable property is confirmed, a certificate of sale shall be issued to the purchaser,—
    • (a) in Form 8 where the property sold is a forfeited property;
    • (b) in Form 9 where the property sold is an attached property. 15. Delivery of movable property after its sale becomes absolute.— Where the sale of a movable property becomes absolute under Section 140 or 141, the Officer conducting the sale shall—
    • (a) deliver the property to the purchaser if the property was actually seized; and
    • (b) make an order vesting such property in the purchaser in any other case.

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