1127
Panaji, 3rd August, 2017 (Sravana 12, 1939)
SERIES I No. 18
Reg. No. G-2/RNP/GOA/32/2015-2017
RNI No. GOAENG/2002/6410
PUBLISHED BY AUTHORITY
GOVERNMENT OF GOA
Department of Education, Art & Culture
Directorate of Higher Education
—
Order
8/2/2015-DHE/REV/1176
Sanction of the Government is hereby
accorded for revival of 01 (one) post of Assistant
Professor in Economics (Group “A” Gazetted)
in Government College of Arts, Science and
Commerce, Sanquelim, under Directorate of
Higher Education in the pay scale of Rs. 15,600-
-39,100+AGP Rs. 6,000/- (pre-revised), with
immediate effect.
Suggestions are welcomed on e-mail: dir–[email protected]
The expenditure towards the pay and
allowances shall be debitable under the
Demand No. 35 of the respective Budget Head.
This issues with the recommendation of
the Administrative Reforms Department vide
U. O. No. 196/F dated 10-4-2017; approval of
the Department of Personnel vide U. O. No.
1879/F dated 8-6-2017 and concurrence of
Finance (Rev. & Cont.) Department vide
their U. O. No. Fin.(R&C)/1400017301-F dated
15-7-2017.
By order and in the name of the Governor
of Goa.
Diwan N. Rane, Under Secretary (Higher
Education).
Porvorim, 20th July, 2017.
INDEX
Department
Notification/Order/Bill
Subject
Pages
1. Education, Art & Culture
Ord.- 8/2/2015-DHE/REV/
Revival of post.
1127
Under Secretary
/1176
2. Fisheries
Not.- FSH/PLG/F.A.VALUE
Scheme of Financial Assistance to take up
1128
Dir. & ex officio Joint Secretary
ADDITION/2017-18
Value Addition to Seafood.
3. Goa Legislature Secretariat
Bill- LA/LEGN/2017/1343
The Goa Agricultural Tenancy (Amendment)
1129
Bill, 2017.
4. Industries
Ord.- 3/3/98-IND-Part-III/
Preferential purchase scheme — Purchase of
1143
Under Secretary
/182
products manufactured by local S.S.I. units
through rate contract.
There are two Extraordinary issues to the Official Gazette, Series I No. 17 dated 27-7-2017 as follows:–
(1)Extraordinary dated 31-7-2017 from pages 1119 to 1120 from Department of Power, Notification No. 120/03/JERC-
-FPPCA/CEE/Tech regarding the Levy of FPPCA for 1st Quarter of FY 2017-18.
(2) Extraordinary (No. 2) dated 1-8-2017 from pages 1121 to 1126 from Department of Finance Not. No. 1-49-2017-18/
/DSSL/Part/2792 regarding Online/Digital Weekly Lottery Scheme and Not. No. 38/1/2017-Fin(R&C)(11) regarding
amendment of the Goa Goods and Service Tax Rules, 2017.
NOTE
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 18
3RD AUGUST, 2017
1128
Department of Fisheries
Directorate of Fisheries
—
Notification
FSH/PLG/F.A.VALUE ADDITION/2017-18
Sub.: “Financial Assistance to take up
Value Addition to Seafood”.
The Government of Goa is hereby pleased
to introduce the scheme “Financial Assistance
to take up Value Addition to Seafood”.
1. Short title and commencement.— (a) This
scheme may be called as “Financial assistance
to take up Value Addition to Seafood”.
(b) It shall come into force from the date of
publication in the Official Gazette.
2. Introduction.— Fisheries play a very
important role in our economy. It provides
employment opportunities to large sections of
the population & supplies rich protein diet at
affordable costs. There is an increasing
demand for value added products in the
domestic market. There is a strong need to
emphasize on value addition in addition to
addressing problems of idle capacity
utilisation of our fish processing sector,
technological upgradation and compliance
with safety related regulations. Changing
consumer preferences, in favour of easy-to-
-prepare/processed & ready to eat fishery
products, brought about by changing
lifestyles, as well as a general increase in
consumer purchasing power for quality
fisheries products, have increased the demand
for such value-added fishery products.
3. Objective of the scheme.—
* To generate employment opportunities.
* To assist seafood processors to set up pro-
cessing facilities for value added fisheries
products.
* To promote the production, marketing and
development of value-added fishery
products in Goa.
* To provide financial assistance for the
setting up of a unit to produce value added
products in fisheries.
* To promote value-added production,
marketing and diversification of fishery
products as a strategy for employment and
income generation, and a sustainable use
of fishery resources.
* To make available safe ‘ready-to-cook’
and ‘ready-to-eat’ fisheries products.
4. Scope of the scheme.— Setting up of a unit
for value added production of seafood
products shows favourable financial returns
and indicates encouraging prospects. There
is certainly scope to take advantage of such
potential, prevailing in this sector as viable
business opportunities. Value addition of
under-utilized or low value species would also
assist in improving their use for direct human
consumption. One of the key issues in the
fishing sector is to recognise the importance
of not just selling fish, but selling a product
that comprises a value addition that allow
maximum value to be derived from that fish
which will provide better margins for that fish
in the local market.
The scheme will have two components: (a)
Financial assistance for construction/
/renovation of unit.
(b) Financial assistance for purchase of
equipments.
5. Eligibility.— Any individual (resident of
Goa for the last 15 years) interested in setting
up a unit for value added fisheries products
can avail benefit under the scheme.
Preference will be given to self help groups,
Women entrepreneurs, Youth (who have
completed fishermen training course/Short
term training programmes conducted by
Directorate of Fisheries).
6. Terms of sanction.— For availing financial
assistance, the beneficiaries should produce
the following documents along with the
application form following the guidelines
thereby laid.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 18
3RD AUGUST, 2017
1129
(i) Detailed project report.
(ii) Proof of availability of land/ownership
documents.
(iii) Proof of Identity, proof of identity.
(iv) Residence certificate for 15 years.
(v) For Self Help Group –Group registra-
tion documents.
Applicant should comply with the norms set
up by the Food and Drugs Departments.
Applicant should also comply with the
requirement of registration of his unit.
7. Pattern of Assistance.— The scheme will
have two components:
(a) Financial assistance for construction/
/renovation of unit.
(b) Financial assistance for purchase of
equipments.
(a) Financial assistance for construction/
/renovation of the unit: Financial assistance
will be provided as subsidy i.e. 50% subsidy
of the cost of construction/renovation of unit
limited to Rs. 5.00 lakh per unit.
(b) Financial assistance for purchase of
equipments: 50% of the cost limited to
Rs. 2.00 lakh per unit will be provided as
subsidy for purchase of the equipments (list
of equipment included under the scheme
are mentioned on the application form).
8. Terms and conditions.— The beneficiary
shall permit the Government official or their
duly authorised representative to inspect the
unit as and when required.
The beneficiary should comply with the
criteria’s for registration of the unit. Also
should follow the hygiene norms thereby laid
by the food and drugs authorities for handling
such products.
9. Relaxation of the provision of the
scheme.— The Government is empowered to
relax all or any of the clauses provided in this
scheme, if found deemed fit for reasons to be
recorded.
10. Interpretation of the provision of the
scheme.— If any question arises regarding
interpretation in the scheme of any clause,
word, expression or entire scheme, then the
decision about the interpretation shall lie with
the Government.
11. Budget.— The required Budget
provision will be provided by Directorate of
Fisheries under the Budget Head: 2405—
Fisheries; 105—Processing, Preservation and
Marketing; 02—Providing, Storage and
Marketing Infrastructure; 33—Subsidies;
under Demand No. 66.
By order and in the name of the Governor
of Goa.
Dr. Shamila Monteiro, Director & ex officio
Joint Secretary (Fisheries).
Panaji, 28th July, 2017.
———ttt———
Goa Legislature Secretariat
LA/LEGN/2017/1343
The following bill which was introduced
in the Legislative Assembly of the State of Goa
on 28th July, 2017 is hereby published for
general information in pursuance of Rule – 138
of the Rules of Procedure and Conduct of
Business of the Goa Legislative Assembly.
————
The Goa Agricultural Tenancy (Amendment)
Bill, 2017
(Bill No. 14 of 2017)
A
BILL
further to amend the Goa, Daman and Diu
Agricultural Tenancy Act, 1964 (Act 7 of
1964).
Be it enacted by the Legislative Assembly
of Goa in the Sixty-eighth Year of the Republic
of India, as follows:—
1. Short title and commencement.— (1) This
Act may be called the Goa Agricultural
Tenancy (Amendment) Act, 2017.
OFFICIAL GAZETTE — GOVT. OF GOA
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1130
(2) It shall come into force at once.
2. Amendment of section 2.— In section 2
of the Goa, Daman and Diu Agricultural
Tenancy Act, 1964 (Act 7 of 1964) (herein-
after referred to as the “principal Act”),–
(i) before clause (1A), the following
clause shall be inserted, namely:—
“(1) “Administrative Tribunal” means
the Administrative Tribunal constituted
under the Goa Administrative Tribunal
Act, 1965 (Act No. 6 of 1965);”;
(ii) clause 5A shall be omitted;
(iii) in clause (19A), for the expression
“Court of Senior Civil Judge”, the word
“Mamlatdar” shall be substituted;
(iv) for clause (24), the following clause
shall be substituted, namely:—
“(24) “Tribunal” means the Tribunal
constituted under this Act; and”.
3. Amendment of sections 7, 7A, 8, 8A, 10,
11, 12, 14, 18B, 18C, 18E, 18F, 18G, 18H, 18J,
18K and 18L.— In sections 7, 7A, 8, 8A, 10,
11, 12, 14, 18B, 18C, 18E, 18F, 18G, 18H, 18J,
18K and 18L of the principal Act, for the
expression “Court of Senior Civil Judge”,
wherever it occurs, the word “Mamlatdar”
shall be substituted.
4. Amendment of section 18.— In section
18 of the principal Act,—
(i)for the expression “Court of Senior
Civil Judge”, wherever it occurs, the word
“Mamlatdar” shall be substituted;
(ii) in sub-section (4), for the words
“District Court”, the word “Collector” shall
be substituted.
5. Amendment of section 18A.— In section
18A of the principal Act,—
(i) for the expression “Court of Senior
Civil Judge”, wherever it occurs, the word
“Mamlatdar” shall be substituted;
(ii) in sub-section (2), for the expression
“in appeal by the District Court”, the
expression “in appeal by the Collector or
in revision by the Administrative Tribunal”
shall be substituted.
6. Insertion of section 43.— After section
42A of the principal Act, the following section
shall be inserted, namely:—
“43. Tribunal.— (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) Notwithstanding anything contained in
sub-section (1), the Government 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.
(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.”.
7. Amendment of section 46.— In section
46 of the principal Act, for the word
“Tribunal”, the words “Mamlatdar or
Tribunal” shall be substituted.
8. Substitution of section 46A.— For
section 46A of the principal Act, the following
section shall be substituted, namely:—
“46A. Powers of the Mamlatdar to inquire
into contraventions.— (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) The Government, Collector or any
officer empowered by the Government in
this behalf, may, in any case, where it/he
has reason to believe that there has been
OFFICIAL GAZETTE — GOVT. OF GOA
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3RD AUGUST, 2017
1131
a contravention of the provisions of this
Act, direct the Mamlatdar to hold an
inquiry into alleged contravention.”.
9. Substitution of section 46B.— For section
46B of the principal Act, the following section
shall be substituted, namely:—
“46B. Transfer and disposal of pending
applications, appeals and revisions.— (1)
All applications and/or proceedings under
sections 7, 7A, 8, 8A, 10, 11, 12, 14, 18,
18A, 18B, 18C, 18E, 18F, 18G, 18H, 18J and
18K of this Act filed and pending with the
Court of Senior Civil Judge immediately
before the commencement of the Goa
Agricultural Tenancy (Amendment) Act,
2017, shall, on such commencement, stand
transferred to the Mamlatdar having
jurisdiction over such matters and such
Mamlatdar may proceed to deal with such
matters from the stage at which they have
reached before such transfer.
(2) All appeals and revisions against
the orders passed by the Mamlatdar,
pertaining to the applications and/or
proceedings referred to in sub-section (1),
filed and pending with the District Court,
if any, immediately before the commence-
ment of the Goa Agricultural Tenancy
(Amendment) Act, 2017, shall, on such
commencement, stand transferred to the
Collector having jurisdiction over such
matters and such Collector may proceed
to deal with such matters from the stage
at which they have reached before such
transfer.
(3) All appeals and revisions against the
orders passed by the Collector, filed and
pending with the District Court, if any,
immediately before the commencement of
the Goa Agricultural Tenancy (Amendment)
Act, 2017, shall, on such commencement,
stand transferred to the Administrative
Tribunal and such Administrative Tribunal
may proceed to deal with such matters
from the stage at which they have reached
before such transfer.
(4) All appeals and revisions against the
orders passed by the Court of Senior Civil
Judge, filed and pending with the District
Court immediately before commencement
of the Goa Agricultural Tenancy (Amend-
ment) Act, 2017, shall, on such commence-
ment, be continued in and disposed by,
the District Court.”.
10. Insertion of section 48.— After section
47 of the principal Act, the following section
shall be inserted, namely:—
“48. Execution of order for payment of
money or restoring possession.— (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 recovera-
ble 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 in 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) An order or decision of the
Mamlatdar in execution proceedings,
subject to appeal, if any, shall be final.”.
11. Substitution of section 49.— For section
49 of the principal Act, the following section
shall be substituted, namely:—
“49. Appeals.— (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
OFFICIAL GAZETTE — GOVT. OF GOA
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3RD AUGUST, 2017
1132
appeal shall be final, subject to revision, if
any, by the Administrative Tribunal:
Provided that where such order has been
passed by the Court of Senior Civil Judge
before the commencement of the Goa
Agricultural Tenancy (Amendment) Act,
2017, an appeal shall lie to the District
Court and the orders of the District Court
on such appeal shall be final.
(2) From every original order other than
an interim order passed by the Collector
an appeal shall lie to the Administrative
Tribunal and the orders of the Administra-
tive Tribunal on such appeal shall be final.”.
12. Substitution of section 50.— For section
50 of the principal Act, the following section
shall be substituted, namely:—
“50. Revision.— (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) 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.”.
13. Substitution of section 51.— For section
51 of the principal Act, the following section
shall be substituted, namely:—
“51. Extent of powers in appeal or
revision.— (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) 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.”.
14. Substitution of section 51A.— For
section 51A of the principal Act, the following
section shall be substituted, namely:—
“51A. Finality of decisions of District
Court.— Every order or decision of the
District Court passed/taken shall be final
and conclusive.”.
15. Amendment of section 52.— In section
52 of the principal Act,—
(i) in sub-section (1), for the expression
“Court of Senior Civil Judge”, the word
“Collector” shall be substituted;
(ii) in sub-section (2),
(a) the expression “, or the Court of
Senior Civil Judge,” shall be omitted;
(b) for the words “District Court”, the
words “Administrative Tribunal or the
District Court” shall be substituted.
OFFICIAL GAZETTE — GOVT. OF GOA
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3RD AUGUST, 2017
1133
16. Amendment of section 53.— In section
53 of the principal Act, for the expression
“inquiries and proceedings under this Act”,
the expression “inquiries, appeals and
proceedings under this Act and in revision
by the Collector” shall be substituted.
17.
Insertion of section 58 B.— After
section 58 A of the principal Act, the
following section shall be inserted, namely:—
“58B. Bar to jurisdiction of Courts.—
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, Administrative Tribunal or
Government, and no order passed by
these authorities under this Act shall
be questioned in any Civil or Criminal
Court.”.
18. Amendment of section 59.— In section
59 of the principal Act, for the expression
“Tribunal, Collectors and Court of Senior Civil
Judge”, the words “Tribunal and Collectors”
shall be substituted.
19. Insertion of section 60C.— After section
60 B of the principal Act, the following section
shall be inserted, namely:—
“60C. Time limit for disposal of cases.—
All applications and/or proceedings under
sections 7, 7A, 14 and 18C of this Act shall
be disposed as far as possible within a
period of three years from the date of their
filing or from the date of their receipt from
the Court of Senior Civil Judge, as the case
may be.”.
STATEMENT OF OBJECTS AND REASONS
The Bill seeks to bestow upon the
Mamlatdar the powers of deciding matters
under sections 7, 7A, 8, 8A, 10, 11, 12, 14,
18, 18A, 18B, 18C, 18E, 18F, 18G, 18H, 18J,
18K, 18L and 46A of the Goa, Daman and Diu
Agricultural Tenancy Act, 1964 (Act 7 of
1964) (hereinafter referred to as the “said
Act”). Similarly, the Bill seeks to bestow upon
the Collector and the Administrative Tribunal
the appellate/revisional powers under the
said Act.
The Bill further seeks to insert section 60C
in the said Act so as to fix the time limit
for disposal of the Applications and/or
proceedings under sections 7, 7A, 14 and 18
of the said Act, within a period of three years
from the date of their filing or from the date
of their receipt from the Court of Senior Civil
Judge, as the case may be.
The Bill also seeks to make certain other
provisions as also amendments which are
consequential in nature.
This Bill seeks to achieve the above objects.
FINANCIAL MEMORANDUM
Clause 6 of the Bill proposes constitution
of a Tribunal, which will have certain
financial implications towards costs of
staffing, office exigencies and honorarium to
the members, which at this stage cannot be
quantified.
Memorandum Regarding Delegated Legislation
Clause 6 of the Bill empowers Government
to constitute Agricultural Lands Tribunal, for
such area as the Government may decide,
by Notification in the Official Gazette.
The said Clause also empowers the
Government to frame rules for prescribing
the qualifications of the members constituting
Agricultural Lands Tribunal and conditions
of service and other matters relating to the
constitution and organization of Agricultural
Lands Tribunal.
Clause 8 of the Bill empowers the
Government to frame rules for prescribing
the manner for holding inquiry by the
Mamlatdar into the alleged contravention.
Assembly Hall,
ROHAN A. KHAUNTE
Porvorim, Goa.
Minister for Revenue
24th July, 2017.
Assembly Hall,
NILKANTH SUBHEDAR
Porvorim, Goa.
Secretary to the Legislative
24th July, 2017.
Assembly of Goa
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 18
3RD AUGUST, 2017
1134
ANNEXURE
EXTRACT OF CLAUSES 5A, 19A & 24 OF SECTION 2,
SECTION 7, 7A, 8, 8A, 10, 11, 12, 14, 18, 18A, 18B, 18C,
18E, 18F, 18G, 18H, 18J, 18K, 18L, 46, 46A, 46B, 49, 50,
51, 51A, 52, 53 & 59 OF THE GOA, DAMAN AND DIU
AGRICULTURAL TENANCY ACT, 1964 (ACT 7 OF 1964)
SOUGHT TO BE AMENDED.
(1) Amendment of section 2—
(i) “(5A) “Court of Senior Civil Judge”
includes the Court of Junior Civil Judge;”;
(ii) (19A) “purchase price” means the price
determined by the [Court of Senior Civil Judge]
under section 18C;
(iii) “(24) “Tribunal” means the Court of
Senior Civil Judge; and”.
(2) Amendment of section 7—
7. 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 Court of
Senior Civil Judge shall, after holding an inquiry,
decide such question. In any such enquiry, the
Court of Senior Civil Judge 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.
(3) Amendment of section 7A—
7A. Question as to nature of land.— If any
question arises as to whether any land is or is not
used for agricultural purposes the Court of Senior
Civil Judge shall, after holding an inquiry, decide
such question.
(4) Amendment of section 8—
8. Bar to eviction and restoration of possession.—
(1) No tenancy 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) 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) 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 Court of Senior Civil Judge
within six months from the day 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 malafied
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 secure therefore:
Provided that where the land from which such
person was evicted had been leased out by the
landlord to another person for any perk 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) Notwithstanding anything contained in the
foregoing provision 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 therefore,
it may on its own motion, direct the Court of
Senior Civil Judge to entertain and dispose of an
application.
(5) Notwithstanding anything contained in the
other provisions this Act, where a person who was
holding land on lease from 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 December, 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 [Court of Senior Civil Judge] after
holding an enquiry.
(5) Amendment of section 8A—
8A. Relief in certain cases of threatened
wrongful dispossession.— (1) Any tenant in
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 18
3RD AUGUST, 2017
1135
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 Court of Senior
Civil Judge for an order safe guarding his right
to possession.
(2) On such application, the Court of Senior
Civil Judge 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 distur-
bing it otherwise than in accordance with law.
(3) In any proceeding under this section, if it
is proved to the satisfaction of the Court of
Senior Civil Judge 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 Court of Senior Civil Judge
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) Any person dispossessing a tenant in
contravention of an order made under sub-
-section (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 Court of Senior
Civil Judge who shall thereupon restore
possession to the tenant.
(6) Amendment of section 10—
10. Surrender by tenant.— (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 Court of Senior
Civil Judge;
(iii) it is made voluntarily and in good faith to
the satisfaction of the Court of Senior Civil
Judge;
(iv) it is approved by the Court of Senior Civil
Judge; and
(v) the conditions in clauses (a) to (d) of
sub-section (4) of section 20 are satisfied.
(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.
(3) Where the Court of Senior Civil Judge is of
opinion that the conditions mentioned in sub-
-section (1) are not satisfied, he may, after giving
a reasonable 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.
(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.
(7) Amendment of section 11—
11. Termination of tenancy by landlord.— (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) 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
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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 straight away make an application to the Court
of Senior Civil Judge under sub-section (4).
(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
comprised in the tenancy has been sub-let by or
on behalf of such tenant.
(4) Where the landlord after the expiry of the
period of notice, if any, mentioned in sub-section
(2) decides to terminate the tenancy under this
section, he shall within such time as may be
prescribed apply to the Court of Senior Civil Judge
may accord permission or, if he considers it
necessary for reasons to be recorded in writing
and after considering the objections, if any, of the
landlord, submit the case to the Government for
orders sub-section (4) of section 10.
(8) Amendment of section 12—
12. Special provisions regarding termination for
non-payment of rent.— (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 Court of Senior
Civil Judge 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 Court of Senior Civil Judge 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) The landlord may apply to the Court of Senior
Civil Judge in the prescribed form for recovery of
arrears of rent for any period not exceeding three
years. The Court of Senior Civil Judge may, after
such enquiry as he considers necessary, pass such
order as he deems fit. The Court of Senior Civil
Judge 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 (1) in excess of the rent due from him:
Provided that if the Court of Senior Civil Judge
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 Court of Senior
Civil Judge 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
Court of Senior Civil Judge, 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.
(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 grant a receipt for
it, the tenant may present to the Court of Senior
Civil Judge an application in writing for permission
to deposit in his office the full amount of rent. The
Court of Senior Civil Judge 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 Court of Senior Civil Judge 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.
(9) Amendment of section 14—
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14. Rights of tenants are heritable.— (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) The surviving members, or as the case may
be, the heirs to whom the tenancy is continued
under sub-section (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 Court of
Senior Civil Judge 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-partner 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 sub-division or partition for the purpose of this
sub-section.
(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 Court of Senior Civil Judge after hearing the
landlord and other persons interested in the matter:
Provided that nothing in this sub-section shall
preclude the rights of parties being determined by
a court of law.
(10) Amendment of section 18—
18. Procedure for taking possession.— (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 Court of Senior Civil Judge. The application
shall be made in such form and within such period
as may be prescribed by or under this Act.
(2) No landlord shall obtain possession of any
land or dwelling house held by a tenant except
under an order of the Court of Senior Civil Judge,
for which he shall make an application in such
form and within such period as may be prescribed
by or under this Act.
(3) On receipt of an application under sub-
-section (1) or (2) the Court of Senior Civil Judge
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.
(4) Any tenant or landlord taking possession of
any land or dwelling house except in accordance
with the provisions of sub-section (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 Court of Senior
Civil Judge or by the District Court on appeal and
also to the penalty, if any, prescribed by or under
this Act.
(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.
(11) Amendment of section 18A—
18A. Tenants deemed to have purchased lands
on tillers’ day.— (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) 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 Court of Senior
Civil Judge or, as the case may be, in appeal by
the District Court, he shall be deemed to have
purchased the land on the day on which the
final order allowing the application is passed.
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(3) Where a tenant referred to in sub-section
(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 the
application.
(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
Court of Senior Civil Judge shall notwith-
standing 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.
(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.
(12) Amendment of section 18B—
18B. Right of tenant to purchase land where he
is a minor, etc.— (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 Court of Senior Civil Judge 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) A tenant desirous of exercising the right
conferred on him under sub-section (1) shall give
an intimation in that behalf to the landlord and
the Court of Senior Civil Judge within whose
jurisdiction the land is situated in the prescribed
manner within the period specified in that sub-
-section.
(3) The provisions of section 18A and sections
18C to 181 shall, so far as may be applicable, apply
to such purchase.
(13) Amendment of section 18C—
18C. Court of Senior Civil Judge to issue notices
and determine price of land to be paid by tenants.—
(1) As soon as may be after the tillers’ day, the
Court of Senior Civil Judge shall publish or cause
to be published a public notice in the prescribed
form in the Official Gazette and 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
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(c) all other persons interested therein, to
appear before him on the date specified in the
notice.
(2) Notwithstanding anything contained in
sub-section (1), the Court of Senior Civil Judge
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 Court of
Senior Civil Judge in response to notice
published under sub-section (1)”;
(3) The Court of Senior Civil Judge shall record
in the prescribed manner the statement of the
tenant whether he is or is not willing to purchase
the land held by him as a tenant.
(4) Where any tenant makes a statement that he
is not willing to purchase the land, the Court of
Senior Civil Judge shall, by an order in writing
declare that such tenant is not willing to purchase
the land and that the purchase is ineffective:
Provided that if such order is passed in default
of the appearance of any party, the Court of Senior
Civil Judge 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) If a tenant is willing to purchase, the Court
of Senior Civil Judge 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 inaccordance with
the provisions of section 18D.
(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 Court of Senior Civil Judge
shall, as soon as may be after such day, determine
the price of the land.
(14) Amendment of section 18E—
18E. Mode of payment of purchase price by
tenant.— (1) On the determination of the
purchase price by the Court of Senior Civil Judge
under section (18C, the tenant shall deposit the
purchase price with the Court of Senior Civil
Judge the manner provided in this section.
(2) The tenant shall have the option to deposit
the purchase price either in lumpsum or in ten
equal annual installments.
(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 Court of Senior Civil Judge under
section 18C.
(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 installment was due.
(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.
(15) Amendment of section 18F—
18F. Amount of purchase price to be applied
towards satisfaction of debts.— (1) The Court of
Senior Civil Judge shall in an inquiry held under
section 18C, determine any encumbrances
lawfully subsisting on the land on the tillers’
day.
(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 Court of Senior Civil
Judge 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 Court of Senior
Civil Judge shall deduct such amount as he
deems reasonable from the installments so
payable.
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(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 Court of Senior Civil Judge shall
also make deductions for payment out of the
purchase price.
(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.
(16) Amendment of section 18G—
18G. 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 Court of Senior Civil Judge
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.
(17) Amendment of section 18H—
18H. Purchase to be ineffective on tenant-
purchaser’s failure to pay purchase price.— (1)
On the deposit of the purchase price in lumpsum
or of the first installment of such price, the
Court of Senior Civil Judge 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) 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
Court of Senior Civil Judge under section 18J
and any amount deposited by such tenant-
-purchaser towards the price of the land shall
be refunded to him.
(18) Amendment of section 18J—
18J. Power of Court of Senior Civil Judge to
resume and dispose of land not purchased by
the tenant.— (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 Court of
Senior Civil Judge 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 the land or part thereof shall be disposed
of in the manner provided in sub-section (2).
(2) The Court of Senior Civil Judge shall make
an order directing that the land or part thereof
referred to in sub-section (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 Schedule 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 Maharashtra
Co-operative Societies Act, 1960, as in force
in the Union Territory of Goa, Daman &
Diu.
Explanation 1.— Where the Court of Senior Civil
Judge 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
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(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.
(3) Where any land is disposed of under sub-
-section (2), the Court of Senior Civil Judge 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.
(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.
(19) Amendment of section 18K–
18K. 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 Court of Senior Civil Judge:
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.
(20) Amendment of section 18L—
18L. Power to make rules.— (1) The
Government may make rules for the purpose
of carrying into effect the provisions of this
Chapter.
(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 landlord and the Court of Senior
Civil Judge under sub-section (2) of section
18B;
(b) the form of public notice and the manner
in which it is so be published under sub-
-section (1) of section 18C;
(c) any other matter which is required to
be prescribed.”
(21) Amendment of section 46—
46. Commencement of Proceedings.— Save as
otherwise expressly provided by or under this Act
all inquiries and other proceedings before the
Tribunal shall be commenced by an application
which shall contain the following particulars:
(a) the name, age, profession and place of
residence of the applicant and the opponents;
(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;
(c) the circumstances out of which the cause
of action arose;
(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
(e) such other particulars as may be
prescribed.
(22) Amendment of section 46A—
“46A. Powers of the Court of Senior Civil Judge
to inquire into contraventions.— The Government
may, in any case where it has a reason to believe
that there has been a contravention of the
provisions of this Act, refer the matter to the
Court of Senior Civil Judge to hold an inquiry
into alleged contravention.”
(23) Amendment of section 46B—
“46B. Transfer of pending applications, appeals
and revisions.— (1) All applications and/or
proceedings under sections 7, 7A, 8, 8A, 10, 11,
12, 14, 18, 18A, 18B, 18C, 18E, 18F, 18G, 18H,
18J and 18K of this Act filed and pending
with the Mamlatdar immediately before the
commencement of the Goa Agricultural Tenancy
(Amendment) Act, 2014, shall, on such
commencement, stand transferred to the Court
of Senior Civil Judge and such Court of Senior
Civil Judge may proceed to deal with such
matters from the stage at which they have
reached before such transfer or from any earlier
stage or de novo as such Court of Senior Civil
Judge may deem fit.
(2) All appeals and revisions pertaining to
the applications and/or proceedings referred
to in sub-section (1) filed and pending with
the Collector immediately before the
commencement of the Goa Agricultural Tenancy
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(Amendment) Act, 2014, shall, on such
commencement, stand transferred to the District
Court and such District Court may proceed to
deal with such matters from the stage at which
they have reached before such transfer or from
any earlier stage or de novo as such District
Court may deem fit.
(3) All appeals and revisions filed and pending
with the Administrative Tribunal immediately
before the commencement of the Goa
Agricultural Tenancy (Amendment) Act, 2014,
shall, on such commencement, stand transferred
to the District Court and such District Court
may proceed to deal with such matters from the
stage at which they have reached before such
transfer or from any earlier stage or de novo as
such District Court may deem fit.”
(24) Amendment of section 49—
“49. Appeals.— (1) From every order passed
by the Mamlatdar before the commencement of
the Goa Agricultural Tenancy (Amendment) Act,
2014 or by the Court of Senior Civil Judge after
such commencement, or by the Tribunal, an
appeal shall lie to the District Court and the
orders of the District Court on such appeal shall
be final.
(2) From every original order passed by the
Collector, an appeal shall lie to the District Court
and the orders of the District Court on such
appeal shall be final.”
(25) Amendment of section 50—
“50. Revision.— Where no appeal lies under
this Act, the District Court may, on an
application made by an aggrieved person, at
any time, call for the record of the proceedings
before the Mamlatdar, or the Collector, or the
Tribunal, or the Court of Senior Civil Judge, for
the purpose of satisfying itself as to the legality
or propriety of any order passed by or as to the
regularity of the proceedings before such
Mamlatdar, or the Collector, or Tribunal, or Court
of Senior Civil Judge, and pass such order as it
may deem fit:
Provided that no such record shall be called
for after the expiry of one year from the date of
such order.”.
(26) Amendment of section 51—
“51. Extent of powers in appeal or revision.—
(1) The District Court in appeal or in revision, as
the case may be, 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) The orders passed in appeal or revision
shall be executed in the manner provided
for the execution of the orders under this
Act.”.
(27) Amendment of section 51A—
“51A. Finality of decisions of Collector.–– Every
order or decision of the Collector, against the
order of the Mamlatdar or Tribunal, passed before
the commencement of the Goa Agricultural
Tenancy (Amendment) Act, 2014, shall be final
and conclusive.”.
(28) Amendment of section 52—
52. Limitation and Court Fees.— (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 Court of
Senior Civil Judge, 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 application for revision.
“(2) Notwithstanding anything contained in
the Court-fees Act, 1870 (7 of 1870), every
application made to the Mamlatdar, or the
Tribunal, or the Collector, or the Court of Senior
Civil Judge, and every appeal or application
made to the District Court, under this Act, shall
bear a court-fee stamp of such value as may be
prescribed.”.
(29) Amendment of section 53—
53. Procedure.— (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 shall be such as may
be prescribed;
(2) Every decision or order passed under this
Act shall be recorded in the form of an order which
shall state the reasons therefore.
(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.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 18
3RD AUGUST, 2017
1143
(30) Amendment of section 59—
59. Power to give directions.— The Government
shall have power to issue directions or orders
to Mamlatdars, Tribunal, Collectors and Court
of Senior Civil Judge, to give effect to the
provisions of this Act and the rules made there
under.
Porvorim, Goa.
N. B. SUBHEDAR
24th July, 2017.
SECRETARY
Governor’s Recommendation under Article 207
of the Constitution of India
In pursuance of Article 207 of the
Constitution of India, I, Smt. Mridula Sinha,
the Governor of Goa, hereby recommend to
the Legislative Assembly of Goa, the
introduction and consideration of the
Goa Agricultural Tenancy (Amendment) Bill,
2017.
RAJ BHAVAN.
MRIDULA SINHA
Date: 27th July, 2017.
Governor of Goa.
Department of Industries
Order
3/3/98-IND-Part-III/182
Ref.: (1) Order No. 3/3/98-IND-Part-III dated
8-12-2016.
Sub.: Preferential purchase scheme —
Purchase of products manufactured by
local S.S.I. units through rate contract.
Pursuant to the Government order dated
8-12-2016 referred above, the validity of the
Order dated 11-6-2017 mentioned in the
aforesaid Order is hereby extended for
further period of six (6) months i.e. 12-6-2017
to 10-12-2017 towards the items viz. Paints,
Mattresses, Wooden Furniture and Sodium
Hypochloride or till the new rates are notified
whichever is earlier.
This issues with the concurrence of Finance
Department vide their U. O. No. Fin.(Exp.)
No. 1400038691 dated 14-7-2017.
By order and in the name of the Governor
of Goa.
Georgina Saldanha, Under Secretary
(Industries).
Porvorim, 20th July, 2017.
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