Panaji, 18th April, 2023 (Chaitra 28, 1945)

SERIES I No. 2

Reg. No. RNP/GOA/32/2021-2023

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

Suggestions are welcomed on e-mail: dir–[email protected]

GOVERNMENT OF GOA

Department of Law

Legal Affairs Division

––

Notification

7/16/2023-LA

The Goa Restriction on Transfer of

Agricultural Land Act, 2023 (Goa Act 18 of

2023), which has been passed by the

Legislative Assembly of Goa on 31-03-2023

and assented to by the Governor of Goa on

17-04-2023, is hereby published for the

general information of the public.

Dnyaneshwar Raut Dessai, Joint Secretary

(Law).

Porvorim, 18th April, 2023.

________

The Goa Restrictions on Transfer of

Agricultural Land Act, 2023

(Goa Act 18 of 2023) [17-04-2023]

Act

to impose restrictions on the transfer of

certain agricultural lands in the State of

Goa and for matters connected therewith

or incidental thereto.

EXTRAORDINARY

No. 2

Be it enacted by the Legislative Assembly

of Goa in the Seventy-fourth Year of the

Republic of India as follows:—

1. Short title, extent and commencement.—

(1) This Act may be called the Goa Restriction

on Transfer of Agricultural Land Act, 2023.

(2) It extends to the whole of the State of

Goa.

(3) It shall come into force on such date as

the Government may, by notification in the

Official Gazette, appoint.

2. Definitions.— In this Act, unless the

context otherwise requires,-

(a) “agriculture” means cultivation of

paddy;

(b) “agriculturist” means a person who

cultivates agricultural land personally;

which is presently being used for cultivation

of paddy but does not include the land

which is earmarked for the use or purpose,

partly or fully, other than agriculture in any

plan prepared under the Goa Town and

Country Planning Act, 1974 (Act 21 of

1975);

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 2

(EXTRAORDINARY No. 2)

18TH APRIL, 2023

(d) “Collector” means the Collector as

defined in clause (7) of section 2 of the Goa

Land Revenue Code, 1968 (Act No. 9 of

1969);

(e) “Government” means the Govern-

ment of Goa;

(f) “Mamlatdar” means a person

appointed as a Mamlatdar by the

Government

and

includes

Joint

Mamlatdar;

(g) “prescribed” means prescribed by

rules made under this Act;

(h) “to cultivate land personally” means

to cultivate land on one’s own account,-

(i) by one’s own labour; or

(ii) by the labour of any member of

one’s family; or

(iii) by a servant on wages payable in

cash or kind but not in crop share, or by

hired labour, under one’s personal

supervision or the personal supervision

of any member of one’s family;

(i) “Tribunal” means the Administrative

Tribunal constituted under the Goa

Administrative Tribunal Act, 1965 (Act

No. 6 of 1965).

3. Restriction on transfer of agricultural

land.— (1) No person who owns or occupies

or in possession of an agricultural land shall

transfer such land by way of sale (including

sale in execution of a decree of a Civil Court

or for recovery of arrears of land revenue or

for sums recoverable as arrears of land

revenue), gift, exchange, lease or by any other

mode of transfer, in favour of a person other

than an agriculturist:

Provided that the Collector may on an

application made in a prescribed form grant

permission to transfer such land to a person

other than Agriculturist in any of the following

circumstances, namely:—

(a) the land is required for purpose of

agriculture by industrial or commercial

undertaking in connection with such

industrial or commercial operations carried

on by such undertaking;

(b) the land is required by a co-operative

farming society;

Collector, the Collector is satisfied that the

land is required for cultivating it personally

by a person, who, not being an

agriculturist, intends to take up agriculture

and is capable of cultivating land

personally;

(d) in such other circumstances as may

be prescribed:

Provided further that the person referred

at clause (c) above shall take up agriculture

on such land within a period of three years

from the date of acquisition of such land

and continue to carry thereon agriculture,

failing which, such land shall vest in the

Government, upon expiry of three years

from the date of abandonment or

discontinuation of such activity.

(2) No person who owns or occupies or in

possession of any agricultural land shall use

or allow it to be used for any purpose other

than agriculture, except by following due

procedure laid down under any law in force.

(3) Any transfer of an agricultural land in

contravention of the provisions of sub-section

(1) shall be null and void and non-est in the

eyes of law and shall not confer any right or

title to or interest in such agricultural land in

favour of the transferee.

(4) If any question arises as to whether

any land is an agricultural land or not, the

Mamlatdar of the respective jurisdiction shall

after holding such inquiry as deemed fit by

him decide such question.

4. Act not to apply in certain cases.— The

provisions of this Act shall not apply to,-

(i) a mortgage of agricultural land for

raising loan for effecting any improvement

to the agricultural land;

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 2

(EXTRAORDINARY No. 2)

18TH APRIL, 2023

(ii) an acquisition of right to agricultural

land by inheritance;

(iii) transfer of agricultural land by

operation of law; and

(iv) transfer of agricultural land in favour

of Government for any Government project.

5. Penalty.— Whoever contravenes the

provisions of section 3 by transferring the

agricultural land, the transferor as well as the

transferee each of them shall be punished

with fine equivalent to market value of such

land to be determined as per the rates fixed

by the Government for such land.

6. Forfeiture of land transferred in

contravention of section 3.— (1) Where in

respect of the transfer of any land, the

Collector suo moto or on the application of

any person has reason to believe that such

transfer is in contravention of section 3, he

shall issue notice to the transferor and the

transferee to show cause as to why the

transfer should not be declared to be in

contravention of said section 3, and shall also

hold an inquiry to decide whether the transfer

is in contravention of said section 3 or not.

(2) If, after holding such inquiry, the

Collector declares that the transfer to be in

contravention of section 3, the land in respect

of which such contravention has taken place

shall be deemed to be forfeited to the

Government without the payment of any

compensation.

(3) Notwithstanding anything contained in

sub-sections (1) and (2) hereinabove, all

transfers made in contravention of section 3

shall be void ab initio.

7. Procedure in inquiries.— (1) All inquiries

and proceedings under this Act shall be

conducted by the Collector or such officer not

below the rank of Mamlatdar as authorized

by the Government by Notification in the

Official Gazette and in such manner as

prescribed.

(2) Every decision of the Collector or officer

stated in sub-section (1) shall be recorded in

the form of an Order and shall state the

reasons for such a decision.

8. Appeal and Revision.— (1) An appeal

shall lie from every original order, other than

an interim order, passed under this Act.-

(i) if such an order is passed by the

Mamlatdar, to the Collector;

(ii) if such an order is passed by the

Collector, to the Tribunal.

(2) No appeal shall lie against any order

except as provided under sub-section (1)

above.

(3) Any person, who is aggrieved by any

final order passed under sub-section (1) may,

within thirty days from the date of such final

order of the Collector or the Tribunal, file a

revision before the High Court;

(4) A revision application filed before the

High Court shall be heard by a bench

consisting of not less than two judges.

9. Bar of jurisdiction.— No Civil Court shall

have jurisdiction to entertain, try, settle,

decide or deal with any question which is by

or under this Act, required to be settled,

decided or dealt with by the Collector or the

officer stated in section 8 or the Tribunal.

10. Protection of action taken under this

Act.— (1) No suit, prosecution or other legal

proceedings shall lie against any person for

anything which is in good faith done or

intended to be done under this Act or any

rules made thereunder.

(2) No suit or other legal proceeding shall

lie against the Government for any damage

caused or likely to be caused or any injury

suffered or likely to be suffered by virtue of

any provision contained in this Act or any

rules made thereunder or by anything in good

faith done or intended to be done in

pursuance of this Act or any rules made

thereunder.

11. Limitation and court fees.— (1) Every

appeal under this Act shall be filed within a

period of thirty days from the date of the order

of the Collector or the officer stated in section

8, as the case may be, and the provisions of

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 2

(EXTRAORDINARY No. 2)

18TH APRIL, 2023

section 4, 5, 12 and 14 of the Limitation Act,

1963 (Act 36 of 1963), shall apply to the filing

of such appeal.

(2) Notwithstanding anything contained in

the Court Fees Act, 1870 (7 of 1870), as in

force in the State of Goa, every appeal or

application made under this Act to the

Collector or authorized officer or to the

Tribunal shall bear a court fee stamp of

rupees fifty and every revision Application

filed before the High Court shall bear a court

fee stamp of rupees one hundred and fifty.

12. Power to make rules.— The Govern-

ment may, by notification in the Official

Gazette, make rules for the purpose of

carrying out the provisions of this Act.

13. Power to remove difficulties.— (1) If any

difficulty arises in giving effect to any of the

provisions of this Act, the Government may,

by order, published in the Official Gazette,

make such provisions not inconsistent with

the provisions of this Act as may appear to it

to be necessary for removing the difficulty:

Provided that no such order shall be made

under this section after the expiry of three

years from date of the commencement of

this Act.

(2) Every order made under this section

shall be laid as soon as may be after it is

made, before the Legislative Assembly of Goa.

SANDIP JACQUES

Secretary to the

Secretariat,

Government of Goa,

Porvorim-Goa.

Law Department

Dated: 18-04-2023.

(Legal Affairs).

———ttt———

Department of Revenue

––

Notification

16/1/2/2020-Rev-I/Pt.III/489

In exercise of the powers conferred by

sub-section (3) of section 1 of the Goa

Restriction on Transfer of Agricultural Land

Act, 2023 (Goa Act 18 of 2023), the

Government of Goa hereby appoints the 18th

day of April, 2023 as the date on which the

provisions of the said Act shall come into

force.

By order and in the name of the

Governor of Goa.

Durga Kinlekar, Under Secretary (Revenue-I).

Porvorim, 18th April, 2023.

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