Keyword(s):
Boundary Mark, Building Site, Class of Land, Classification Value, Code, Farm
Building, Gaothan Land, Government Lessee, Improvement, Minor, Non- agricultural Assessment, Standard Rate, Survey Mark, Term of Settlement
Amendments appended: 14 of 1988, 4 of 1989, 10 of 2013, 14 of 2015
The Goa, Daman and Diu Land Revenue Code, 1968
(Act No. 9 of 1969)
AN
ACT
to consolidate and amend the Law relating to Land and Land Revenue in the Union
territory of Goa, Daman and Diu
Whereas it is expedient to consolidate and amend the law relating to land and land
revenue in the Union territory of Goa, Daman and Diu and to provide for matters
connected therewith;
Be it enacted by the Legislative Assembly of Goa, Daman and Diu in the Nineteenth
Year of the Republic of India, as follows:—
CHAPTER I
Preliminary
- Short title, extent and commencement.— (1) This Act may be called the Goa 1
[ ]
Land Revenue Code, 1968.
(2) It extends to the whole of the 2
[State of Goa].
(3) It shall come into force on such date as the Government may, by notification in the
Official Gazette, appoint; and different dates may be appointed for different areas and for
different provisions of this Code. - Definitions.— In this Code, unless the context otherwise requires,—
(1) “agriculture”, with its grammatical variations and cognate expressions, means
raising of useful or valuable products which derive nutriment from the soil with the aid of
human labour and skill and includes horticulture, dairy farming, poultry farming, stock
breeding and grazing;
3
[(1A) “Alvara” means an Alvara granted under the Decree No. 3602 dated
24-11-1917;
(1B) “Alvara holder” means a person who has been granted an Alvara;
(1C) “appointed day” means the 1st day of March, 1971;]
(2) “boundary mark” means any erection, whether of earth, stone or other material, and
also any hedge, unploughed ridge, or strip of ground, or other object, whether natural; or
artificial, set up, employed, or specified by a survey officer or revenue officer having
authority in that behalf, in order to` designate the boundary of any division of land;
1
The words “Daman and Diu” omitted by the Goa Land Revenue Code, adaptation of Laws Order, 1987. 2
Substituted by the Goa Land Revenue Code, adaptation of Laws Order, 1987. 3
Inserted by the Goa Act No. 6 of 2007.
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(3) “building” means any structure, not being a farm building;
(4) “building site” means a portion of land held for building purposes, whether any
building be actually erected thereupon or not, and includes the open ground or court yard
enclosed by, or appurtenant to, any building erected thereupon;
(5) “class of land” means any of the following classes of land, namely, dry crop, rice,
garden land or non-arable;
(6) “classification value” means the relative valuation of land as recorded in the survey
records having regard to its soil, water, situation and other advantages;
4
[(6A) “coastal village” means any tract of land adjoining the sea which the
Government may, by notification in the Official Gazette, declare to be a coastal village.]
(7) “Collector” means the Collector of the district and includes any officer appointed
by the Government to exercise and perform all or any of the powers and functions of a
Collector under this Code;
(8) “commencement of this Code”, in relation to any provision, means the date
specified in respect of that provision in a notification under sub-section (3) of section 1;
(9) “competent authority”, in relation to any provision, means any officer appointed by
the Government to be the competent authority for the purpose of that provision;
5
[(9A) “contract of emphyteusis” means contract of emphyteusis granted under the
Decree No. 3602 dated 24-11-1917;
(9B) “Decree” means the erstwhile Portuguese Decree No. 3602 dated 24-11-1917;]
(10) “family” means, in relation to a person, the wife or husband of such person, his
children, grandchildren, parents and brothers, and in the case of a joint Hindu family,
any member of such family;
(11) “farm building” means a structure erected on land assessed or held for the purpose
of agriculture for all or any of the following purposes connected with such land or any
other land belonging to or cultivated by the holder thereof, namely:—
(a) for the storage of agricultural implements, manure or fodder,
(b) for the storage of agricultural produce,
(c) for sheltering cattle,
(d) for residence of members of the family, servants or tenants of the holder, or
(e) for any other purpose which is an integral part of his cultivating arrangement;
(12) “gaothan land” means the land situated within the existing limits of the site of a
village, town or city and includes the land which may be so determined under section 64
of the Code;
(13) 6
[“Government” means “the Government of Goa” except in respect of sections
161 and 162, in which it means both the Central Government and the Government of
Goa]
4
Inserted by the Amendment Act 12 of 2009 published in the O. G., Series I No. 12 (Ext. No. 2) dtd. 24-6-2009.
5
Inserted by the Goa Act 6 of 2007.
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(14) “Government lessee” means a person holding land from Government under a
lease as provided in section 26;
(15) “group” means all lands in a zone, which in the opinion of the Government or an
officer authorised by it in this behalf are sufficiently homogeneous in respect of the
factors enumerated in sub-section (2) of section 69 to admit of the application-to them of
the same standard rates for the purpose of assessment of land revenue;
(16) “holder” means a person lawfully in possession of land, whether such possession
is actual or not;
(17) “holding” means a portion of land held by a holder;
(18) “improvement”, in relation to any land, means any work which materially adds to
the value of the land and which is suitable to the land and consistent with the purpose for
which it is held and which, if not executed on the holding, is either executed directly for
its benefit or is, after execution, made directly beneficial to it; and subject to the
foregoing provisions, includes—
(i) the construction of tanks, wells, water-channels and other works for the storage,
supply and distribution of water for agricultural purposes or for human use or
for cattle employed in agriculture;
(ii) the construction of works for the drainage of land or for the protection of land
from floods or from erosion or from other damage by water;
(iii) the preparation of land for irrigation;
(iv) the conversion of single crop land into double or multiple crop land;
(v) the reclaiming, clearing, enclosing, levelling or terracing of land used for
agricultural purposes;
(vi) the erection on land or in the immediate vicinity thereof, otherwise than on the
village site, of a building or house for the occupation of the tenant, his family
and servants or a cattle-shed, a storehouse or other construction for agricultural
purposes or of any building required for the convenient or profitable use or
occupation of the land; and
(vii) the renewal or reconstruction of any of the foregoing works or such alterations
therein or additions thereto as are not of the nature of ordinary repairs;
(19) “land” includes benefits to arise out of land, and things attached to the earth, or
permanently fastened to anything attached to the earth or other defined portions thereof;
(20) “land revenue” means all sums and payments, in money received or legally
claimable by or on behalf of the Government from any person on account of any land or
interest in or right exercisable over land held by or vested in him, under whatever
designation such sum may be payable and any cess or rate authorised by the Government
under the provisions of any law for the time being in force; and includes premium, rent,
6
Substituted by the Goa Land Revenue Code Adaptation of Laws Order 1987
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lease money, or any other payment provided under any Act, rule, contract or deed on
account of any land;
(21) “minor” means a person who is deemed not to have attained majority under the
Indian Majority Act, 1875;
(22) “non-agricultural assessment” means the assessment fixed on any land under the
provisions of this Code or rules made thereunder with reference to the use of the land for
a non-agricultural Purpose;
(23) “occupancy” means a portion of land held by an occupant;
(24) “occupant” means a holder in actual possession of land, other than a tenant or
Government lessee; provided that, where a holder in actual possession is a tenant, the
land holder shall be deemed to be the occupant;
(25) “occupation” means possession;
(26) “to occupy land” means to possess or to take possession of land;
(27) “Official Gazette” means the Goa, Daman and Diu Government Gazette;
(28) “pay”, “payable” and “payment”, used with reference to land revenue or rent,
includes “deliver”, “deliverable” and “delivery”;
(29) “prescribed” means prescribed by rules made under this Code;
(30) “revenue officer” means every officer of any rank whatsoever appointed under
any of the provisions of this Code, and employed in or about the business of the land
revenue or of the surveys, assessment, accounts, or records connected therewith;
(31) “settlement” means the result of the operations conducted in a zone in order to
determine the land revenue assessment;
(32) “standard rate” means, with reference to any particular class of land in a group,
the value of four hundredths of the average yield of crops per hectare on land in that class
of one hundred paise classification value;
(33) “survey mark” means, for the purposes of this Code, a mark erected for purposes
of cadastral survey of land;
(34) “survey number” means a portion of land of which the area and assessment are
separately entered, under an indicative number in the land records;
(35) “tenant” means a person who cultivates or holds the land of another person under
an agreement, express or implied, on condition of paying rent therefor and includes a
person deemed to be a tenant under the Goa, Daman and Diu Agricultural Tenancy Act,
1964; but does not include a lessee holding directly under the Government;
(36) “term of settlement” means the period for which the Government has declared that
a settlement shall remain in force;
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(37) “Tribunal” means the Administrative Tribunal constituted under the Goa, Daman
and Diu Administrative Tribunal Act, 1965, or any other Tribunal constituted by the
Government for this purpose;
(38) “urban area” means the area for the time being included within the limit of any
municipal corporation or municipality constituted under any law for the time being in
force or of any village or group of villages, which may be notified by the Government as
urban area, regard being had to the density of population and of buildings in the area; and
the expression “non-urban area” shall be construed, accordingly;
(39) “village” means any tract of land which before the commencement of this code
was recognised as or was declared to be a village under any law or usage for the time
being in force or which may after such commencement be recognised as a village at any
settlement or which the Government may, by notification in the Official Gazette, declare
to be a village; and includes a town, a city and all the land composed in a village, town or
city for the purposes of this code;
(40) “year” means the agricultural year commencing on such date as the Government
may, in the case of any specified area, by notification in the Official Gazette, appoint;
(41) “zone” means a local area comprising a taluka or a group of talukas or portions
thereof of one or more districts, which, in the opinion of the Government or an officer
authorised by it in this behalf, is contiguous and homogenous in respect of—
(i) physical configuration,
(ii) climate and rainfall,
(iii) principal crops grown in the area, and
(iv) soil characteristics.
CHAPTER II
Revenue Divisions, Revenue Officers and their appointment.
- Power to create, alter or abolish districts, sub-divisions, etc.— (1) The
Government may, by notification in the Official Gazette, constitue the territories, to
which this Code extends, into one or more districts, and may similarly divide any district
into sub-divisions, sub-divisions into talukas and talukas into villages and may alter the
limits of; or abolish, any district, sub-division or taluka.
(2) The Collector may by an order published in the prescribed manner arrange the
villages in a taluka which shall constitute a saza; and the sazas in a taluka which shall
constitute a circle, and may alter the limits of, or abolish, any saza or circle, so
constituted.
(3) The districts, sub-divisions, talukas, circles and sazas existing at the
commencement of this code shall continue respectively to be the districts, sub-divisions,
talukas, circles and sazas under this code unless otherwise provided under sub-section (1)
or (2).
Manual of Goa Laws (Vol. II) – 751 – Land Revenue Code and Rules - Appointment of revenue and survey officers.— The Government, or such officer
as may be authorized by Government in this behalf, may appoint the following classes
of revenue and survey officers, namely:—
(a) Collector, including Additional Collector;
(b) Director of Settlement and Land Records;
(c) Assistant Collectors and Deputy Collectors;
(d) Survey and Settlement Officers;
(e) Superintendent of Surveys and Land Records;
(f) Assistant Survey and Settlement Officers;
(g) Inspectors of Surveys and Land Records;
(h) Mamlatdars, including Joint Mamlatdars;
(i) Awalkarkuns;
(j) Revenue Inspectors;
(k) Village Accountants or Talathis; and
(1) Such other village officers and servants as may be specified by rules made under
this Code. - Chief controlling authority in revenue matters.— The chief controlling authority
in all matters connected with the land revenue shall be the Government. - Function of the Collector and certain other revenue officers.— (1) Each district
shall be placed under the charge of a Collector who shall be in charge of the revenue
administration of the district and exercise the powers and discharge the duties of the
Collector under this Code or any other law for the time being in force and shall exercise
such other powers of superintendence and control within the district and over the officers
subordinate to him as may, from time to time, be prescribed.
(2) Each sub-division shall be placed under the charge of an Assistant or Deputy
Collector who shall, subject to the provisions of Chapter XII, perform all the duties and
functions and exercise all the powers conferred upon a Collector by this Code or any law
for the time being in force, in relation to the sub-division in his charge. Such Assistant or
Deputy Collector shall be called a Sub-Divisional Officer:
Provided that the Collector may whenever he may deem fit direct any such
Sub-Divisional Officer not to perform certain duties or exercise certain powers and may
reserve the same to himself or assign them to any Assistant or Deputy Collector
subordinate to the Collector.
(3) Each Taluka shall be placed under the charge of a Mamlatdar.
(4) The duties and powers of the Mamlatdars and other revenue officers shall be such
as may be imposed or conferred on them by or under this Code or any other law for the
time being in force or by any general or special order of the Government published in the
Official Gazette:
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Provided that in case of appointment of Additional Collectors or Joint Mamlatdars by
Government in such number as it may deem necessary in each district, such officers shall
exercise such of the powers and discharge such of the duties of the Collector, the
Sub-Divisional Officer or the Mamlatdar under this Code or any other law for the time
being in force As the Government may direct specifically, by notification, in this behalf.
Explanation:—
(a) An Additional Collector shall not be subordinate to the Collector in the district,,
except in such matters as Government may, by general or special orders, specify
in this behalf.
(b) An Assistant Collector or Deputy Collector shall not be subordinate to the
Sub-Divisional Officer in the Sub-Division except in such matters as the
Government may, by general or special orders, specify in this behalf.
(c) A Joint Mamlatdar shall not be subordinate to the Mamlatdar in the Taluka
except in such matters as the Government may, by general or special orders,
specify in this behalf. - Village accountant.— (1) It shall be lawful for the Government to appoint a village
accountant or talathi for a village or a group of villages.
(2) The village accountant shall perform all the duties as hereinafter prescribed by this
Code or any other law for the time being in force and shall be assisted by such village
servants as may be appointed from time to time. - Village officer to keep such records as may be prescribed.— Government may
prescribe from time to time what registers, accounts and other records shall be kept by the
village officers. - Settlement and survey officers.— The officers specified in clauses (b), (d), (e), (f)
and (g) of section 4 shall have power to take cognisance of all matters connected with the
survey of land and the settlement of land revenue rates and the preparation and
maintenance of land records and other registers and shall exercise all such powers and
perform all such duties as may be prescribed. - Subordination of revenue officers.— All revenue officers shall be subordinate to
the Government; and subject to the Explanation to section 6 all revenue officers in the
district or sub-division or taluka shall be subordinate to the Collector or the
Sub-Divisional Officer or the Mamlatdar, as the case may be. - Combination of offices.— It shall be lawful for the Government to appoint one
and the same person to any two or more of the offices provided for in this Chapter, to
make any appointment by virtue of office and also to confer on any officer of the
Government all or any of the powers and duties of any revenue officer. - Notification of appointments.— All appointments made under this Chapter
except appointments of Awal Karkuns, revenue inspectors and village accountants and
other village officers and servants shall be notified in the Official Gazette; but the
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appointment shall take effect from the date on which an officer assumes charge of his
office. - Seals.— The Government shall, from time to time, by notification in the Official
Gazette, specify the revenue officers who shall use a seal and also the size and description
of the seal which each such officer shall use.
CHAPTER III
Of lands - Title of Government to lands, etc.— (1) All lands, public roads, lanes and paths
and bridges, ditches, dikes and fences on or beside the same, the bed of the sea and of
harbours and creeks below the high water mark, and of rivers, streams, nallas, lakes and
tanks, and all canals and water courses, and all standing and flowing water and all rights
in or over the same or appertaining thereto, which are not the property of any person, are
and are hereby declared to be the property of the 7
[ ] Government subject to right of way,
and all other rights, public and individual, legally subsisting.
Explanation:— In this section, “high water-mark” means the highest point reached by
ordinary spring tides at any season of the year.
(2) Unless it is otherwise expressly provided in any law for the time being in force or
in the terms of a grant made by the Government, the right to mines, minerals and mineral
products shall vest in the 8
[ ]Government and it shall have all the powers necessary for
the proper enjoyment of such rights.
(3) Where any property or any right in or over any property is claimed by or on behalf
of the 9
[ ] Government or by any person as against the 10[ ] Government and the claim is
disputed, such dispute shall, after due notice has been given and after holding a formal
inquiry, be decided by the Collector or 11[an officer authorised by the Government in this
behalf.].
(4) Any person aggrieved by an order made under sub-section (3) or in appeal or
revision there from may institute a civil suit to contest the order within a period of one
year from the date of such order, and the decision of the civil court shall be binding on the
parties.
(5) Any suit instituted in any civil court after the expiration of one year from the date
of any order passed under sub-section (3) or, if appeal or revision application has been
made against such order within the period of limitation, then from the date of any order
passed by the appellate or revisional authority, shall be dismissed (though limitation has
not been set up as a defence) if the suit is brought to set aside such order or if the relief
claimed is inconsistent with such order, provided that the plaintiff has had due notice of
such order.
7
The word “Central” omitted by the Goa Land Revenue Code Adaptation of Laws Order, 1987. 8
The word “Central” omitted by the Goa Land Revenue Code Adaptation o of Laws Order, 1987. 9
The word “Central” omitted by the Goa Land Revenue Code Adaptation o of Laws Order, 1987. 10 The word “Central” omitted by the Goa Land Revenue Code Adaptation of Laws Order, 1987. 11 Substituted in place of words “a Survey Officer” by the Amendment Act 7 of 1987.
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(6) Any person shall be deemed to have had due notice of an inquiry or order under
this section if notice thereof has been given in accordance with rules made in this behalf
by the Government.
- Extinction of rights of public and individuals in or over any public road, land
or path not required for use of public.— (1) Whenever it appears to the Government
that any public road, lane or path which is the property of the 12[ ] Government, or part
thereof, is not required for the use of the public, the Government may, by a notification
published in the Official Gazette, make a declaration to such effect, stating in such
declaration that it is proposed that the rights of the public as well as of all individuals in
or over any such road, lane or path, or part thereof, as the case may be, shall be
extinguished. On the publication of such notification, the Collector shall, as soon as
possible, cause public notice of such declaration to be given at convenient places on, or in
the vicinity of such road, lane or path, or part thereof, as the case. may be. Such
declaration and notice shall specify, as far as practicable, the situation and limits of such
road, lane or path, or part thereof, and shall invite objections to the aforesaid proposal.
(2) Any member of the public or any person having any interest or right, in addition to
the right of public highway, in or over such road, lane or path, or part thereof, or having
any other interest or right which is likely to be adversely affected by the proposal may,
within ninety days after the issue of the notification under sub-section (1), state to the
Collector in writing his objections to the proposal, the nature of such interest or right and
the manner in which it is likely to be adversely affected, and the amount and particulars
of his claim to compensation for such interest or right:
Provided that the Collector may allow any person to make such a statement after the
period of ninety days after the issue of the notification under sub-section (1), if he is
satisfied that such person had sufficient cause for not making it within the said period.
(3) The Collector shall give every person who has made a statement to him under
sub-section (2), an opportunity of being heard either in person or by pleader and shall,
after hearing all such persons in such manner and after making such further inquiry, if
any, as he thinks, necessary, determine the amount of compensation, if any, which
should, in his opinion, be given in any case in respect of any substantial loss or damage
likely to be caused by the proposed extinction of the rights of the public as well as of
individuals as aforesaid. The provisions of Sections 9, 11, 12, 13, 14 and 15 of the Land
Acquisition Act, 1894, shall, so far as may be, apply to the proceedings held by the
Collector for the determination of the amount of compensation under this sub-section:
Provided that no compensation shall be awarded for the extinction or diminution of the
right of public highway over such road, lane or path or part thereof.
(4) The Collector shall submit to the Government the record of the proceedings held by
him with a report containing his recommendations on the objections, if any, received by
him and stating the amounts of compensation, if any, which, in his opinion, are payable to
any persons.
12 The word “Central” omitted by the Goa Land Revenue Code Adaptation of Laws Order, 1987.
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(5) If the Government its satisfied after considering the record of the proceedings and
the report, if any, made under sub-section (4), that the public road, lane or path, or part
thereof, specified in the notification under sub-section (1), is not required for the use of
the public, a declaration shall be published in the Official Gazette that all rights of the
public as well as of individuals in or over such road, lane or path or part thereof are
extinguished; and all such rights shall thereupon be extinguished, and such road, lane or
path, or part thereof, shall be at the disposal of the Government with effect from the date
of such declaration.
(6) The decision of the Collector regarding the amount of compensation and the person
to whom such compensation, if any, is payable, shall, subject to any modification made
by the Government, be final, and payments shall be made by the Collector to such
persons accordingly.
- Rights to trees, forest, etc.— (1) The right to all trees, jungles or other natural
products growing on land set apart for forest reserves and to all trees, brush wood, jungle
or other natural product, wherever growing, except in so far as the same may be the
property of any person, shall vest in the 13[ ] Government, and such trees, brush wood,
jungle or other natural product shall be preserved or disposed of in such manner as may
be deemed fit by Government.
(2) All road-side trees which have been planted and reared by or under the orders or at
the expense of the Government and all trees which have been planted and reared by the
side of any road belonging to the 14[ ] Government (but not on any land belonging to any
person) shall vest in the 15[ ]Government.
(3) The Government may, by order, prohibit cutting, gathering, removing the timber of
teak, black-wood, sandalwood trees and such other trees as may be mentioned therein,
which exist in the property of any person, and thereupon such trees shall not be cut down,
gathered or removed, without the permission of the competent authority.
(4) Any act interfering with trees, their timber, foliage etc. mentioned in the preceding
sub-sections, shall be deemed to be an offence under section 188 of the Indian Penal
Code. - Recovery of value of trees, etc., unauthorisedly appropriated.— Any person
who shall unauthorisedly fell and appropriate any tree or any portion thereof which is the
property of the 16[ ] Government shall be liable to the Government for the value thereof,
which shall be recoverable from him as an arrear of land revenue, in addition to any
penalty to which he may be liable under the provisions of this Code for the occupation of
the land or otherwise and notwithstanding any criminal proceedings which may be
instituted against him in respect of his said appropriation of 17[ ] Government property. - Lands may be assigned for special purposes, and when assigned, shall not be
otherwise used without sanction of Collector.— Subject to the general orders of the
13 The word “Central” omitted by the Goa Land Revenue Code Adaptation of Laws Order, 1987. 14 The word “Central” omitted by the Goa Land Revenue Code Adaptation of Laws Order, 1987. 15 The word “Central” omitted by the Goa Land Revenue Code Adaptation of Laws Order, 1987. 16 The word “Central” omitted by the Goa Land Revenue Code Adaptation of Laws Order, 1987. 17 The word “Central” omitted by the Goa Land Revenue Code Adaptation of Laws Order, 1987.
Manual of Goa Laws (Vol. II) – 756 – Land Revenue Code and Rules
Government, it shall be lawful for a survey officer during the course of survey operations
under this Code, and at any other time, for the Collector, to set apart unoccupied lands
(not in the lawful occupation of any person), in villages or parts thereof for forest or fuel
reserve, for free pasturage of village cattle or for grass or fodder reserve, for burial or
cremation ground, for gaothan, for camping ground, for threshing floor, for bazaar, for
skinning ground, for public purposes such as roads, lanes, parks, drains or for any other
public purpose; and the lands assigned shall not be otherwise used without the sanction of
the Collector and in the disposal of lands under section 21 due regard shall be had to all
such special assignments.
- Recovering value of natural products unauthorisedly removed from certain
lands.— Any person who unauthorisedly removes from any land which is set apart for a
special purpose or from any land which is the property of the 18[ ] Government any
natural product (not being trees) shall be liable to the Government for the value thereof,
and in addition, to a fine not exceeding five times the value, of the natural product so
removed. Such value and fine shall be recoverable from him as an arrear of land revenue.
Of the Grant of Land - Classes of holders of land.— (1) Land granted under the provision of this Code or
any other law shall be held under one of the following classes of holders as may be
specified in the order of grant:
(a) Occupants —Class I
(b) Occupants — Class II
(c) Government lessees.
(2) Occupants — Class I — are persons who shall be entitled to hold land in perpetuity
and without any restrictions on the right to transfer.
(3) Occupants — Class II — are persons who shall be entitled to hold land in
perpetuity but subject to such restrictions on the right to transfer as may be prescribed by
rules.
(4) Government lessees — are persons who are entitled to hold land for a fixed period
under a lease from Government granted under section 26. - Grant of land.— (1) Subject to the rules made in this behalf, the Government may
grant land belonging to or vesting in the 19[ ] Government for agricultural purposes or for
non-agricultural purposes as may be specified in the order of grant.
(2) Such rules may provide inter alia for the following matters, namely:—
(a) the extent to which land shall be granted for specified purposes;
(b) the occupancy price payable for the land and the mode of its payment;
18 The word “Central” omitted by the Goa Land Revenue Code Adaptation of Laws Order, 1987. 19 The word “Central” omitted by the Goa Land Revenue Code Adaptation of Laws Order, 1987.
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(c) cases in which no occupancy price may be charged or in which concessional
occupancy price may be charged;
(d) the order of priority to be observed when land is granted for agricultural
purposes;
(e) the conditions subject to which the land is granted;
(f) the penalty for breach of the conditions of grants;
(g) the cases in which the power of grant of land shall be exercised by the Collector
or the Mamlatdar.
- Grant of alluvial land vesting in 20[ ] Government.— (1) Where it appears to the
Collector that any alluvial land, which vests under any law for the time being in force in
the 21[ ] Government, may, with due regard to the interests of the public revenue, be
disposed of, he shall, subject to the rules made in this behalf, offer the same to the
occupant (if any) of the bank or shore on which such alluvial land has formed. The
occupancy price of the land so offered shall not exceed half the market value of the land.
(2) If the occupant does not accept the offer, the land may be disposed of by auction.
Explanation:— For the purpose of this section, notwithstanding anything contained in
clause (24) of section 2, if the bank or shore has been mortgaged with possession, the
mortgagor shall be deemed to be the occupant thereof. - Disposal of intestate occupancies.— (1) If an occupant dies intestate and without
known heirs, the Collector shall take possession of his occupancy and may lease it for a
period of one year at a time.
(2) If within three years of the date on which the Collector takes possession of the
occupancy, any claimant applies for the occupancy being restored to him, the Collector
may, after such enquiry as he thinks fit, place such claimant in possession of the
occupancy or reject his claim.
(3) The order of the Collector under sub-section (2) shall not be subject to appeal or
revision but any person whose claim is rejected under sub-section (2) may, within one
year from the date of the communication of the order of the Collector, file a suit to
establish his title, and if such suit is filed, the Collector shall continue to lease out the
land as provided in sub-section (2), till the final decision of the suit.
(4) If no claimant appears within three years from the date on which the Collector took
possession of the occupancy or if a claimant whose claim has been rejected under
sub-section (2) does not file a suit within one year as provided in sub-section (3), the
Collector may sell the right of the deceased occupant in the occupancy by auction:
Provided that no such right shall be sold within three years from the date on which the
Collector took possession of the occupancy.
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(5) Notwithstanding anything contained in any law for the time being in force, a
claimant who establishes his title to the occupancy which has been dealt with in
accordance with the provisions of this section, shall be entitled only to the rents payable
under sub-section (1) and the sale-proceeds realised under sub-section (4), less all sums
due on the occupancy on account of land revenue and the expenses of management and
sale.
- Occupancy to be transferable and heritable subject to certain restrictions.—
(1) An occupancy shall, subject to the provision contained in section 46 and to any
conditions lawfully annexed to the tenure, and save as otherwise provided by law, be
deemed an heritable and transferable property.
(2) Notwithstanding anything contained in the foregoing sub-section, occupancies of
persons belonging to such Scheduled Castes and Scheduled Tribes as the Government,
having regard to the ability of the occupants to cultivate the land personally or any other
relevant factors, may by notification in the Official Gazette if any, declare for the purpose
of this section for the whole or any part of the 22[ ] [State of Goa], shall not be transferred
except with the previous sanction of the Collector.
(3) Notwithstanding anything contained in sub- section (1) or in any other provisions
of this Code, or in any other law for the time being in force, it shall be lawful for an
‘Occupant — Class II — to mortgage his property in favour of the Government in
consideration of a loan advanced to him by the Government under the Land Improvement
Loan Act, 1883, the Agriculturists Loans Act, 1884, or in favour of a co-operative society
in consideration of a loan advanced to him by such co-operative society, and without
prejudice to any other remedy open to the Government, or as the case may be, the
co-operative society in the event of such occupant making default in payment of such
loan in accordance with the terms on which such loan is granted, it shall be lawful for the
Government, or as the case may be, the co-operative society to cause the occupancy to be
attached and sold and the proceeds to be applied towards the payment of such loan.
(4) The Collector may, on the application of the purchaser, and payment of the
premium prescribed by the Government in this behalf, by order in writing reclassify the
occupant—as Occupant—Class I; and on such re-classification, the occupant shall hold
the occupancy of the land without any restriction on transfer under this Code.
Explanation 1:— (For the purposes of this section “Scheduled Castes” means such
castes, races or tribes or parts of or groups within such castes, races or tribes, as are
deemed to be Scheduled Castes in relation to Union territory of Goa, Daman and Diu
under article 341 of the Constitution of India.
Explanation 2:— For the purposes of this section, “Scheduled Tribes” means such
tribes or tribal communities or parts of, or groups within, such tribes or tribal
communities as are deemed to be Scheduled Tribes in relation to the Union territory of
Goa, Daman and Diu under article 342 of the Constitution of India. - Occupant’s rights are conditional.— An occupant is entitled to the use and
occupation of his land in perpetuity conditionally on the payment of the amount due on
22 Substituted by the Goa Land Revenue Code Adoption of Laws Order , 1987.
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account of the land revenue for the same, according to the provisions of this Code, or of
any rules made under this Code or of any other law for the time being in force, and on the
fulfilment of any other terms or conditions lawfully annexed to his tenure.
- Powers to grant lease.— It shall be lawful for the Collector at any time to lease
under grant or contract any unoccupied land to any person, for such purpose and on such
conditions as he may, subject to rules made by the Government in this behalf, determine,
and in any such case the land shall, whether a survey settlement has been extended to it or
not, be held only for the period and for the purpose and subject to the conditions so
determined. The grantee shall be called a Government lessee in respect of the land so
granted. - Occupant to pay land revenue and Government lessee to pay rent fixed.—
Every occupant shall pay as land revenue the assessment fixed under the provisions of
this Code and rules made thereunder; and every Government lessee shall pay as land
revenue lease money fixed under the terms of the lease. - Saving of powers of Government.— Nothing contained in any provision of this
Code shall derogate from the right of the Government to dispose of any land which is the
property of the 23[ ] Government, on such terms and conditions as it deems fit.
Of Use of Land - Uses to which holder of land for purposes of agriculture may put his land.— A
holder of any land assessed or held for the purpose of agriculture is entitled by himself,
his servants, tenants, agents or other legal representatives to erect farm buildings,
construct wells or tanks or make any other improvements thereon for the better
cultivation of the land, or its more convenient use for the purpose aforesaid. - Permission for non-agricultural use.— No land used for agriculture shall be used
for any non-agricultural purpose; and no land assessed for one non-agricultural purpose
shall be used for any other non-agricultural purpose or for the same non-agricultural
purpose but in relaxation of any of the conditions imposed at the time of the grant or
permission for non-agricultural purpose, except with the permission of the Collector
under section 32. - Restriction on use.— Subject to the rules made by the Government in this behalf
the Collector or a Survey Officer may regulate or prohibit the use of land liable to the
payment of land revenue for purposes such as cultivation of unarable land in a survey
number assigned for public purpose, manufacture of salt from agricultural land, removal
of earth, stone, kankar, murum or any other material from the land assessed for the
purpose of agriculture only, so as not to destroy or materially injure the land for
cultivation, removal of earth, stone (other than loose surface stone), kankar, murum or
any other material from the land assessed as a building site, excavation of land situated
within a gaothan; and such other purposes as may be prescribed; and may summarily
evict any person who uses or attempts to use the land for any such prohibited purpose or
to impose one or more of the penalties specified in section 33, or both, as he deems fit.
23 The word “Central” omitted by the Goa Land Revenue Code Adaptation of Laws Order, 1987.
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- Procedure for conversion of use of land from one purpose to another.— (1) If
an occupant of land or a tenant of such land—
(a) which is assessed or held for the purpose of agriculture wishes to use it for a
non-agricultural purpose, or
(b) where land is assessed or held for a particular non-agricultural purpose, wishes
to use it for another non-agricultural purpose, or
(c) desires to use it for the same non-agricultural purpose for which it is assessed
but in relaxation of any of the conditions imposed at the time of grant of land or
permission for such non-agricultural purpose, such occupant or tenant shall, with
consent of the tenant or, as the case may be, of the occupant, apply to the Collector for
permission in accordance with the form prescribed.
(2) The Collector, on receipt of an application,—
(a) shall acknowledge the application within seven days;
(b) may, unless the Collector directs otherwise, return the application if it is not
made by the occupant or, as the case may be, the tenant or if the consent of the tenant,
or as the case may be, of the occupant has not been obtained, or if it is not in
accordance with the form prescribed;
(c) may, after due enquiry, either grant the permission on such terms and conditions
as he may specify subject to any rules made in this behalf by the Government; or
refuse the permission applied for, if it is necessary so to do to secure the public health,
safety and convenience or if such use is contrary to any scheme for the planned
development of a village, town or city in force under any law for the time being in
force and in the case of land which is to be used as building sites in order to secure in
addition that the dimensions, arrangement and accessibility of the sites are adequate for
the health and convenience of the occupiers or are suitable to the locality; where an
application is rejected, the Collector shall state the reasons in writing of such rejection.
24[(3) The Collector shall take a decision on the application within a period of sixty
days from the date of receipt of the application and in case of his failure to do so, the
person shall have the right to make an appeal to the Secretary (Revenue) to the
Government who shall dispose of the appeal within a period of thirty days from the date
of filing of appeal.]
(4) The person to whom permission is granted. 25[ ] under this section shall inform the
Mamlatdar in writing through the village accountant of the date on which the change of
user of land commenced, within thirty days from such date.
(5) If the person fails to inform the Mamlatdar within the period specified in
sub-section (4), he shall be liable to pay in addition to the non-agricultural assessment
such fine as the Collector may, subject to rules made in this behalf, direct but not
exceeding five hundred rupees.
24 Sub-section 3 substituted by the amendment Act 14 of 1988.
25 The words “or deemed to have been granted” omitted by the Amendment Act 14 of 1988.
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26[(6) When the land is permitted to be used for a non-agricultural purpose, a sanad
shall be granted to the holder thereof in the prescribed form, on payment of fees at the
following rates, namely :—
(i) Personal housing Rs. 20/- per square metre.
(ii) Commercial/Industrial housing
C 1-200 FAR Rs. 100/- per square metre.
C 2-150 FAR Rs. 80/- per square metre.
S 1-100 FAR Rs. 60/- per square metre.
S 2-80 FAR Rs. 40/- per square metre.
I 2-80 FAR Rs. 40/- per square metre.
(iii) Commercial/Industrial housing in Rs. 150/- per square metre.
C1-200 FAR under ‘A’ class
Municipalities and Coastal Areas.
(b) Commercial/Industrial housing in Rs. 120/- per square metre.
C2-150 FAR under ‘A’ class
Municipalities and Coastal Areas.
(iv) For any constructions—
(a) in Coastal villages falling within Rs. 150/- per square metre.
500 metres from HTL
(b) beyond 500 metres from HTL Rs. 80/- per square metre.
Provided that no such fees shall be leviable in cases where sanad is granted –
(i) for an area not exceeding two hundred square metres;
(ii) for the purpose of churches, temples, mosques, gurudwaras, sports, hospitals
or educational, charitable, cultural or religious institutions.]
(7) It shall be lawful for the Collector, either on his own motion or on the application
of a person affected by the error to direct at any time the correction of any clerical or
arithmetical error in the sanad arising from any accidental slip or omission.
- Penalty for so using land without permission.— (1) If any land held or assessed
for one purpose is used for another purpose without obtaining permission of the Collector
under section 32 or before the expiry of the period after which the change of user is
deemed to have been granted under that section, or in contravention of any of the terms
and conditions subject to which such permission is granted, the holder thereof or other
26 Sub-section (6) substituted by the Amendment Act 12 of 2009.
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person claiming through or under him, as the case may be, shall be liable to the one or
more of the following penalties, that is to say,—
(i) to pay non-agricultural assessment on the land with reference to the altered use;
(ii) to pay such fine not exceeding the market value of the land as the Collector may,
subject to rules made by the Government in this behalf, direct;
(iii) to restore the land to its original use or to observe the conditions on which the
permission is granted within such reasonable period as the Collector may by
notice in writing direct; and such notice may require such person to remove any
structure, to fill up any excavation or to take such other steps as may be required
in order that the land may be used for its original purpose or that the conditions
may be satisfied.
(2) If any person fails within the period specified in the notice aforesaid to take steps
required by the Collector, the Collector may also impose on such person a penalty not
exceeding three hundred rupees for such contravention, and a further penalty not
exceeding thirty rupees for each day during which the contravention continues. The
Collector may himself take those steps or cause them to be taken; and any cost incurred in
so doing shall be recoverable from such person as if it were an arrear of land revenue.
Explanation:— Using land for the purpose of agriculture where it is assessed with
reference to any other purpose shall not be deemed to be change of user.
- Responsibility of tenant or other person for wrongful use.— If a tenant of any
holder or any person claiming under or through him uses land for a purpose in
contravention of the provisions of sections 30, 31 or 32 without the consent of the holder
-and thereby renders the holder liable to the penalties specified in sections 31, 32 or 33
the tenant or the person, as the case may be, shall be responsible to the holder in damages. - Power of Government to exempt lands from provisions of sections 30, 32, 33
or 34.— Nothing in sections 30, 32, 33 or 34 shall prevent—
(a) the Government from exempting any land or class of lands from the operation of
any of the provisions of those sections, if the Government is of opinion that it is
necessary, in the public interest for the purpose of carrying out any of the objects of
this Code, to exempt such land or such class of lands; and
(b) the Collector from regularising the non-agricultural use of any land on such
terms and conditions as may be prescribed by him subject to rules made in this behalf
by the Government. - 27[ ] Government title to mines and minerals.— (1) Unless it is otherwise
expressly provided by the terms of the grant made by the Government, the right to all
minerals at whatever place found, whether on surface or underground, including all
derelict or working mines and quarries, old dumps, pits, fields, bandhas, nallas, creeks,
river-beds and such other places, is and is hereby declared to be expressly reserved and
27 The word “Central” omitted by the Goa Land Revenue Code Adaptation of Laws Order, 1987.
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shall vest in the 28[ ] Government which shall have all powers necessary for the proper
enjoyment of such right:
Provided that nothing in this Code shall be deemed to affect any subsisting rights of
any person in respect of such mines or minerals in his land.
(2) The right to all mines and quarries includes the right of access to land for the
purpose of mining and quarrying and the right to occupy such other land as may be
necessary for purposes subsidiary thereto, including the erection of offices, workmen’s
dwellings and machinery, the stacking of minerals and deposit of refuse, the construction
of roads, railways or tram-lines, and any other purposes which the Government may
declare to be subsidiary to mining and quarrying.
(3) If the Government has assigned to any person the right over any minerals, mines or
quarries, and if, for the proper enjoyment of such right, it is necessary that all or any of
the powers specified in sub-sections (1) and (2) should be exercised, the Collector may,
by an order in writing, subject to such conditions and reservations as he may specify,
delegate such powers to the person to whom the right has been assigned:
Provided that no such delegation shall be made until notice has been duly served on all
persons having rights in the land affected, and their objections have been heard and
considered.
(4) If, in the exercise of the right herein referred to over any land, the rights of any
person are infringed by the occupation or disturbance of the surface of such land, the
Government or its assignee shall pay to such persons compensation for such infringement
and the amount of such compensation shall, in the absence of agreement, be determined
by the Collector or, if his award is not accepted, by the civil court, in accordance with the
provisions of the Land Acquisition Act, 1894.
(5) No assignee of the Government shall enter on or occupy the surface of any land
unless compensation has been determined and tendered to the persons whose rights are
infringed:
Provided that it shall be lawful for the Collector to grant interim permission pending
the award of the civil court it cases where the question of determining the proper amount
of compensation is referred to such court under sub-section (4).
(6) If an assignee of the Government fails to pay compensation as provided in
sub-section (4), the Collector may recover such compensation from him on behalf of the
persons entitled to it, as if it were an arrear of land revenue.
(7) Any person who without lawful authority extracts, removes, collects, replaces,
picks up or disposes of any mineral from working or derelict mines, quarries, old dumps,
fields, bandhs (whether on the plea of repairing or construction of bunds of the fields or
on any other plea), nallas, creeks, river-beds, or such other places wherever situate, the
right to which vests in the 29[ ] Government, and has not been assigned by the
Government, shall, without prejudice to any other mode of action that may be taken
against him, be liable, on the order in writing of the Collector, to pay penalty not
28 The word “Central” omitted by the Goa Land Revenue Code Adaptation of Laws Order, 1987. 29 The word “Central” omitted by the Goa Land Revenue Code Adaptation of Laws Order, 1987.
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exceeding a sum determined at three times the market value of the minerals so extracted,
removed, collected, replaced, picked up or disposed of, as the case may be:
Provided that, if the sum so determined is less than one thousand rupees, the penalty
may be such larger sum not exceeding one thousand rupees as the Collector may impose.
(8) Without prejudice to the provision in sub-section (7), the Collector may seize and
confiscate any mineral extracted, removed, collected, replaced, picked up or disposed of
from any mine, quarry or other place referred to in sub-section (7), the right to which
vests in the 30[ ] Government and has not been assigned by the Government.
(9) The Government may make rules to regulate the extraction and removal of minor
minerals required by inhabitants of a village, town or city for their domestic, agricultural
or professional use on payment of fees or free of charge, as may be specified in the rules.
Explanation:— For the purposes of this section, ”minor minerals” means the minor
minerals in respect of which the Government is empowered to make rules under section
15 of the Mines and Minerals (Regulation and Development) Act, 1957.
Of Encroachment on Land
- Removal of encroachments on land vesting in Central Government; provisions
for penalty and other incidental matters.— (1) In the event of any encroachment being
made on any land vested in the Central Government (whether or not in charge of any
local authority), it shall be lawful for the Collector to summarily abate or remove any
such encroachment and the expenses incurred therefor shall be leviable from the person in
occupation of the land encroached upon and the person who is responsible for the
encroachment.
(2) The person who made such encroachment or who is in unauthorised occupation of
the land so encroached upon shall pay, if the land encroached upon forms part of an
assessed survey number, assessment for the entire number for the whole period of the
encroachment, and if the land has not been assessed, such amount of assessment as would
be leviable for the said period in the same village on the same extent of similar land used
for the same purpose. Such person shall pay in addition a fine which shall be not less than
five rupees but not more than one thousand rupees if the land is used for an agricultural
purpose, and if used for a purpose other than agriculture such fine not exceeding two
thousand rupees.
(3) The Collector may, by notice duly served under the provisions of this Code,
prohibit or require the abatement or removal of encroachments on any such lands, and
shall fix in such notice a date which shall be a reasonable time after such notice, on which
the same shall take effect.
(4) Every person who makes, causes, permits or continues any encroachment on any
land referred to in a notice issued under sub-section (3), shall in addition to the penalties
specified in sub-section (2), be liable at the discretion of the Collector to a fine not
exceeding twenty-five rupees in the case of encroachment for agricultural purposes and
30 The word “Central” omitted by the Goa Land Revenue Code Adaptation of Laws Order, 1987.
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fifty rupees in other cases for every day or part of a day during which the encroachment
continues after the date on which the notice takes effect.
(5) An order passed by the Collector under this section shall be subject to appeal and
revision in accordance with the provisions of this Code.
(6) Nothing contained in sub-sections (1) to (4) shall prevent any person from
establishing his rights in a civil court within a period of one year from the date of the final
order under this Code.
- Regularisation of encroachments.— Nothing in section 37 shall prevent the
Collector, 31[ if the Alvara holder or a person in occupation of land before the appointed
day or if the person making encroachment so desires, to charge the Alvara holder or the
occupant of such land, a market value as prevailing on the appointed day which shall be
payable within a period of two years from the date of regularisation of the Alvara or
occupation of land, as the case may be, and the other person who so desires], to charge
the said person a sum not exceeding five times the value of the land so encroached upon
and to grant the land to the encroacher on such terms and conditions as the Collector may
impose subject to rules made in this behalf; and then to cause the said land to be entered
in land records in the name of the said person:
Provided that no land shall be granted as aforesaid, unless the Collector gives public
notice of his intention so to do in such manner as he considers fit, and considers any
objections or suggestions which may be received by him before granting the land as
aforesaid. The expenses incurred in giving such public notice shall be paid by the person
making the encroachment; and on his failure to do so on demand within a reasonable
time, shall be recovered from him as an arrear of land revenue. - Value and land revenue how calculated.— (1) For the purposes of 32[sections 37
and 38 (except Alvara holder and person in occupation of land before the appointed
day)], the value of land that has been encroached upon shall be fixed by the Collector
according to the market value of similar land in the same neighbourhood at the time of
such valuation; and the annual revenue of such land shall be assessed at the same rate as
the land revenue of similar land in the vicinity.
(2) The Collector’s decision as to the value of land and the amount of land revenue or
assessment payable for the land encroached upon shall be conclusive, and in determining
the amount of land revenue, occupation for a portion of year shall be counted as for a
whole year. - Summary eviction of person unauthorisedly occupying land vesting in Central
Government.— (1) If in the opinion of the Collector any person is unauthorisedly
occupying or wrongfully in possession of any land—
(a) vesting in the Central Government; or
(b) to the use or occupation of which he is not entitled or has ceased to be entitled
by reason of—
31 Substituted by the Goa Act 6 of 2007
32 Substituted by the Goa Act 6 of 2007
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(i) any of the provisions of this code, or
(ii) the expiry of the period of lease or termination of the lease for breach of any
of the conditions annexed to the tenure, or
(iii) it being not transferable without the previous permission under sub-section
(2) of section 24 or by virtue of any condition lawfully annexed to the tenure under
the provision of sections 20, 25 or 32,
it shall be lawful for the Collector to summarily evict such person in the manner provided
in sub-section (2).
(2) The Collector shall serve a notice on such person requiring him within such time as
may appear reasonable after receipt of the said notice to vacate the land, and if such
notice is not obeyed, the Collector may remove him from such land.
(3) A person unauthorisedly occupying or wrongfully in possession of land after he has
ceased to be entitled to continue the use, occupation or possession by virtue of any of the
reasons specified in sub-section (1), shall also be liable at the discretion of the Collector
to pay a penalty not exceeding two times the assessment or rent for the land for the
period of such unauthorised use or occupation.
- Forfeiture and removal of property left over after summary eviction.— (1)
After summary eviction of any person under section 40, any building or other
construction erected on the land or any crop raised in the land shall, if not removed by
such person after such written notice as the Collector may deem reasonable, be liable to
forfeiture or to summary removal.
(2) Forfeitures under this section shall be adjudged by the Collector and any property
so forfeited shall be disposed of as the Collector may direct; and the cost of the removal
of any property under this section shall be recoverable as an arrear of land revenue.
Of Relinquishment of Land - Relinquishment.— An occupant may relinquish his land, that is, resign in favour
of the 33[ ] Government, but subject to any rights, tenures, encumbrances or equities
lawfully subsisting in favour of any person other than the 34[ ] Government or the
occupant, by giving notice in writing to the Mamlatdar not less than thirty days before the
date of commencement of the agricultural year, and thereupon, he shall cease to be an
occupant from the agricultural year next following such date:
Provided that no portion of land which is less in extent than a whole survey number of
sub-division of a survey number may be relinquished. - Right of way to relinquished land.— If any person relinquishes land the way to
which lies through other land which he retains, the right of way through the land so
retained shall continue to the future holder of the land relinquished.
33 The word “Central” omitted by the Goa Land Revenue Code Adaptation of Laws Order, 1987. 34 The word “Central” omitted by the Goa Land Revenue Code Adaptation of Laws Order, 1987.
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Protection of certain occupancies from process of courts
- Occupancy when not liable to process of civil court; court to give effect to
Collector’s certificate.— In any case where an occupancy is not transferable without the
previous sanction of the Collector, and such sanction has not been granted to a transfer
which has been made or ordered by a civil court or on which the court’s decree or order is
founded,
(a) such occupancy shall not be liable to the process of any court, and such transfer
shall be null and void, and
(b) the court, on receipt of a certificate under the hand and seal of the Collector to
the effect that any such occupancy is not transferable without his previous sanction and
that such sanction has not been granted, shall remove any attachment or other process
placed on or set aside any sale of or affecting such occupancy.
CHAPTER IV
Of Land Revenue - Liability of land to land revenue.— (1) All lands, to whatever purpose applied,
other than lands owned by the Central Government, but not leased, are liable to payment
of land revenue to the Government.
(2) The Government may exempt any land from the liability to such payment by means
of a special grant or contract or in accordance with any law for the time being in force. - Land revenue to be a paramount charge on the land.— Arrears of land revenue
due on account of land by any landholder shall be a paramount charge on the holding and
every part thereof, failure in payment of which shall make the holding together with all
rights of the holder over all trees, crops, buildings and things attached to the land or
permanently fastened to anything attached to the land, liable to forfeiture, whereupon the
Collector may levy all sums in arrears by sale of the holding, or may otherwise dispose of
such holding in the prescribed manner and such holding, when disposed of, whether by
sale as aforesaid, or by restoration to the defaulter, or by transfer to another person or
otherwise howsoever, shall, unless the Collector otherwise directs, be deemed to be free
from all tenures, rights, encumbrances and equities theretofore created in favour of any
person other than the Government in respect of such holding. - Forfeited holdings may be taken possession of and otherwise disposed.— It
shall be lawful for the Collector in the event of the forfeiture of a holding through any
default in payment or other failure occasioning such forfeiture under section 46 or any
law for the time being in force, to take immediate possession of such holding and to
dispose of the same by placing it in the possession of the purchaser or other person
entitled to hold it according to the provisions of this Code or any other law for the time
being in force. - To prevent forfeiture of occupancy certain persons other than occupant may
pay land revenue.— In order to prevent the forfeiture of an occupancy under the
provisions of section 46 or of any other law for the time being in force, through non-
-payment of the land revenue due on account thereof by the person primarily liable for
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payment of it, it shall be lawful for any person interested to pay on behalf of such person
all sums due on account of land revenue and the Collector shall on due tender thereof
receive the same:
Provided that nothing authorised or done under the provisions of this section shall
affect the rights of the parties interested, as the same may be established in any suit
between such parties in a court of competent jurisdiction. - Alluvial lands.— All alluvial lands, newly formed islands or abandoned river
beds, which vest under any law for the time being in force in any holder of land, shall be
subject in respect of liability to land revenue to the same privileges, conditions and
restrictions as are applicable to the original holding by virtue of which such lands, islands
or river beds vest in the said holder, but no revenue shall be leviable in respect of any
such lands, islands or river beds, unless the area of the same exceeds half hectare. - Land revenue in case of diluvion.— Every holder of land paying land revenue in
respect thereof shall be entitled, subject to such rules as may be made in this behalf, to a
decrease of assessment if any portion thereof not being less than half hectare in extent, is
lost by diluvion. - Assessment of land to land revenue.— (1) The assessment of land revenue on
any land shall be made or deemed to have been made, as the case may be with reference
to the use of the land—
(a) for the purpose of agriculture,
(b) for the purpose of residence,
(c) for industrial or commercial purpose,
(d) for any other purpose.
(2) Where land assessed for use for any one purpose is diverted to any other purpose,
the land revenue payable upon such land shall, notwithstanding that the term for which
the assessment may have been fixed has not expired, be liable to be altered and assessed
at a different rate provided for under this code in accordance with the purpose for which it
is used or is permitted to be used. The alteration of assessment shall be made in
accordance with the rules made in this behalf. - Reduction, suspension or remission of land revenue.— Notwithstanding
anything contained in this Code, the Government may, in accordance with the rules or
special orders made in this behalf, grant reduction, suspension or remission in whole or in
part of land revenue in any area in any year due to failure of crops, floods, or any other
natural calamity or for any reason whatsoever. - Responsibility for payment of land revenue.— (1) The following persons shall
be primarily liable for the payment of land revenue assessed on land including all arrears
of land revenue due in respect of the land, namely:—
(a) the occupant of the land; and
(b) the lessee of the Government.
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(2) Where there are two or more persons liable to pay land revenue or arrears of land
revenue under sub-section (1), all of them shall be jointly and severally liable for its
payment.
(3) In case of default by any person who is primarily liable under this section, the land
revenue, including arrears as aforesaid, shall be recoverable from any person in
possession of the land:
Provided that, where such person is a tenant, the amount recoverable from him shall
not exceed the demands of the year in which the recovery is made:
Provided further that, when land revenue is recovered under this section from any
person who is not primarily liable for the same, such person shall be allowed credit of any
payments which he may have duly made to the person who is primarily liable, and shall
be entitled to credit, for the amount recovered from him, in account with the person who
is primarily liable. - Receipts for land revenue.— Every revenue officer receiving payment of land
revenue shall, at the time when such payment is received by him, give a written receipt
for the same.
CHAPTER V
Survey of Land - Revenue survey, settlement and term of settlement.— The operation carried out
in accordance with the provisions of this Chapter, or of the rules made under this Act, in
order to determine or revise the land revenue payable on lands, and for the preparation
and preservation of record of rights connected therewith or for any other similar purpose
in any local area is called a revenue survey. Such survey may extend to the lands of any
village, town or city, generally, or to such land as the Government may direct. - Government to direct revenue survey.— Whenever the Government thinks it
expedient so to do, it may, by notification in the Official Gazette, direct the revenue
survey of any local area with a view to the settlement of the land revenue and to the
preparation of a record of rights connected therewith or the revision of any existing
settlement or of record of rights. For this purpose the Government may authorise the
Collector or depute a Survey officer to undertake the work. - Survey officer may require by general notice or by summons, suitable service
from holders of land etc.— It shall be lawful for a survey officer deputed to conduct or
take part in any such survey or a survey under section 62 to require by general notice or
by summons the attendance of holders of land and of all persons interested therein, in
person, or by legally constituted agent duly instructed and able to answer all material
questions, and the presence of taluka and village officers, who in their several stations
and capacities are, legally or by usage, bound to perform service in virtue of their
respective offices, and to require from them such assistance in the operation of the survey
and such service in connection therewith, as may not be inconsistent with the position of
the individual so called on.
Manual of Goa Laws (Vol. II) – 770 – Land Revenue Code and Rules - Assistance to be given by holders and others in measurement or classification
of lands.— It shall be lawful for a survey officer, while conducting surveys mentioned in
the preceding section to call upon all holders of land and other persons interested therein
to assist in the measurement or classification of the lands to which the survey extends by
furnishing flag-holders; and in the event of a necessity for employing hired labour for this
or other similar object incidental to survey operations, it shall be lawful to assess the cost
thereof, with all contingent expenses on the lands surveyed, for collection as a revenue
demand. - Survey numbers and villages.— Subject to the minimum size of a survey
number that may be fixed from time to time for the several classes of land by the
Government, the survey officer may—
(a) divide the lands to which the revenue survey extends into survey numbers and
group the survey numbers into villages; or
(b) recognise the existing survey numbers, reconstitute them or form new survey
numbers; or
(c) subject to the provisions of any law for the time being in force for the prevention
of fragmentation and consolidation of holdings, divide the survey numbers into as
many sub-divisions as may, be required in view of the acquisition of rights in land or
for any other reason. - Entry of survey numbers and sub-divisions in records.— The area and
assessment of survey numbers and sub-divisions of survey numbers shall be entered in
such records as may be maintained under the rules made by the Government in that
behalf. - Partition.— (1) Subject to the provisions of any law for the time being in force for
the prevention of fragmentation and consolidation of holdings, a holding may be
partitioned on the decree of a civil court or on application of co-holders in the manner
hereinafter prescribed.
(2) If in any holding there is more than one co-holder, any such co-holder may apply to
the Collector for a partition of his share in the holding:
Provided that, where any question as to title is raised, no such partition shall be made
until such question has been decided by a civil suit.
(3) Subject to the provisions of sub-section (4), the Collector may, after hearing the coholders, divide the holding and apportion the assessment of the holding in accordance
with the rules made by the Government under this Code.
35[Provided that nothing in this sub-section shall apply to any land acquired under the
Land Acquisition Act, 1894 (Central Act 1 of 1894), in respect of which no suit is
pending in any Court and it shall be lawful for the Director of Settlement and Land
Records to carry out partition and effect necessary changes in the land record on the basis
35 Inserted by the amendment Act 9 of 1994
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of records relating to possession obtained under section 16 of the Land Acquisition Act,
1894 ( Central Act 1 of 1894 ).]
(4) The application under sub-section (2) shall be rejected if the partition applied for
results in creating a holding, the area or land revenue of which will be below such limits
as may be prescribed.
(5) Expenses properly incurred in making partition of a holding shall be recoverable as
a revenue demand in such proportion as the Collector may think fit from the co-holders at
whose request the partition is made, or from the persons interested in the partition.
- Division of survey numbers into new survey numbers.— Where any portion of
cultivable land is permitted to be used under the provisions of this Code for any non-
-agricultural purpose or when any portion of land is specially assigned under section 18,
or when any assessment is altered or levied on any portion of land under sub-section (2)
of section 51, such portion may, with the sanction of the Collector, be made into a
separate survey number at any time. - Continuance of survey operations at commencement of Code.— All survey
operations commenced under any law for the time being in force, or any rule, order or
direction of the Government, and either completed or continuing at the commencement of
this Code, shall be deemed to have been commenced and completed or, as the case may
be, to be continuing under the provisions of this Chapter. - Limit of sites of villages, towns and cities how to be fixed.— It shall be lawful
for the Collector or for a survey officer, acting under the general or special orders of the
Government, to determine what lands are included within the site of any village, town or
city, and to fix, and from time to time to vary, the limits of the same, regard being had to
all subsisting rights of land holders. - City survey how to be conducted.— The Government may, at any time, direct a
survey or re-survey of lands, other than those used ordinarily for the purpose of
agriculture only, within the site of any village, town or city. Such survey shall be
conducted and all its operations shall be regulated according to the provisions made in the
preceding sections of this Chapter.
[
3665-A.— Notwithstanding anything contained in any other provisions of this Code,
the Government may direct re-survey to be carried out in any village, town or city for
the limited purpose of updating survey maps in accordance with rules made in this behalf
by the Government.] - In certain cases a survey fee to be charged.— Every holder of a building site, in
respect of which a survey under the preceding section is carried out, shall be liable to the
payment of a survey fee at such rates as may be prescribed. - Sanad to be granted without extra charge.— Every holder of a building site, as
aforesaid, shall be entitled, after payment of the said survey fee, to receive without extra
charge, one or more sanads, in the prescribed form specifying, by plan and description,
the extent and conditions of his holding.
36 Inserted by the amendment Act 24 of 2002
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CHAPTER VI
Assessment and settlement of Land Revenue of Agricultural Land
- Power of Government to direct original or revision settlement of land revenue
of any lands.—The Government may at any time direct a settlement of land revenue of
any land (hereinafter referred to as an “original settlement”), or a fresh settlement thereof
(hereinafter referred to as “revision settlement”), whether or not a revenue survey thereof
has been made under section 56:
Provided that no enhancement of assessment shall take effect before the expiration of
the settlement for the time being in force. - Assessment how determined.— (1) The land revenue assessment on all lands in
respect of which a settlement is directed under section 68, shall be determined by
dividing the lands to be settled into groups and fixing the standard rates for each group in
accordance with the rules made by the Government in this behalf.
(2) The groups shall ordinarily be formed on a consideration of the following factors,
namely:—
(i) physical configuration,
(ii) climate and rainfall,
(iii) prices, and
(iv) yield of principal crops:
Provided that, if deemed necessary, the following factors may also be taken into
consideration in forming the group namely:—
(i) Markets,
(ii) communications,
(iii) standard of husbandry,
(iv) population and supply of labour,
(v) agricultural resources,
(vi) Variations in the area of occupied and cultivated lands during the last 30 years,
(vii) wages,
(viii) ordinary expenses of cultivating principal crops, including the wages of the
cultivator for his labour in cultivating the land,
(ix) sales of lands used for the purpose of agriculture. - Increase in average yield due to the improvement at the expense of holders not
to be taken into account.— If during 30 years immediately preceding the date on which
the settlement for the time being in force expires, any improvements have been effected
in any land by or at the expense of the holder thereof, the increase in the average yield of
crops of such land due to the said improvements shall not be taken into account in fixing
the revised assessment thereof.
Manual of Goa Laws (Vol. II) – 773 – Land Revenue Code and Rules - Settlement Officer, how to proceed for making a settlement.— In making a
settlement the Settlement Officer shall proceed as follows:—
(1) he shall hold an enquiry in the prescribed manner;
(2) he shall divide the lands to be settled into groups as provided by section 69;
(3) he shall ascertain in the prescribed manner the average yield of crops of lands for
the purpose of the settlement;
(4) he shall then fix standard rates for each class of land in each group on a
consideration of the relevant factors as provided in sub-section (2) of section 69;
(5) he shall submit to the Collector in the prescribed manner a report (hereinafter
called the settlement report) containing his proposals for the settlement. - Settlement report to be printed and published.— (1) After the settlement report
has been submitted to the Collector, the Collector shall cause such report to be printed
and published in the prescribed manner.
(2) There shall also be published in each village concerned, in such language as may
be prescribed, a notice, stating for each class of land in the village, the existing standard
rate and the extent of any increase or decrease proposed therein by the Settlement Officer.
The notice shall also state that any person may submit to the Collector his objections in
writing to the proposals contained in the settlement report within three months from the
date of such notice. - Submission of settlement report to Government and Government orders
thereon.— (1) After taking into consideration such objections as may have been received
by him, the Collector shall forward to the Government the settlement report with his
remarks thereon. Such report together with the objections, if any, received and the
remarks of the Collector thereon shall be laid by the Government on the Table of the Goa,
Daman and Diu Legislative Assembly. The said report may be discussed by resolution
moved in the said Assembly at its next following Session. The Government shall
thereafter pass such orders thereon as it may deem fit.
(2) No increase in the standard rates proposed in the settlement report shall be made
unless a fresh notice as provided in sub-section (2) of section 72 has been published in
each village affected by such rates and objections received, if any, have been considered
by the Government.
(3) The orders passed by the Government under sub-section (1) shall be final and shall
not be called in question in any Court. - Powers of Government to place surcharge or grant rebate after every ten
years.— (1) Notwithstanding anything contained in this Chapter, it shall be lawful for the
Government in any year, after the expiry of every ten years from the date on which the
settlement was introduced under section 75, to enhance or reduce the asssessment on land
in any zone, by placing a surcharge, or granting a rebate, on the assessment by reference
to the alteration of the prices of the principal crops in such zone.
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(2) For the purpose of sub-section (1) the prices of principal crops shall be recorded
and published in the Official Gazette.
(3) The surcharge shall be levied or the rebate shall be granted under sub-section (1)
according to the scale prescribed by rules made in this behalf. - Introduction or settlement.— After the Government has passed orders under
section 73 and notice of the same has been given in the prescribed manner, the settlement
shall be deemed to have been introduced and the land revenue according to such
settlement shall be levied from such date as the Government may direct:
Provided that in the year in course of which a settlement, whether original or revision,
may be introduced under this section, the difference between the old and the new
assessment of all lands, on which the latter may be in excess of the former, shall be
remitted and the revised assessment shall be levied only from the next following year:
Provided further that in the year next following that in which any original or revision
settlement has been introduced any holder who may be dissatisfied with the increased rate
imposed by such new assessment on any of the survey numbers or sub-divisions of
survey numbers held by him shall, on reliquishing such number or sub-division in the
manner provided by section 42, receive a remission of the increase so imposed. - Publication of table of revenue rates.— The table of standard rates finally
prescribed by the Government under section 73 and introduced under section 75 shall be
published in the Official Gazette. - Preparation of statistical and fiscal records.— (1) It shall be the duty of the
survey officer or the Settlement Officer, on the occasion of making or revising the
settlement of land revenue, to prepare a register, to be called the “Settlement Register”,
showing the area and assessment of each survey number, with any other particulars that
may be prescribed, and other records, in accordance with such orders as may, from time
to time, be passed in this behalf by the Government.
(2) The table of standard rates published under section 76 shall be incorporated in and
form part of the settlement register of the village. - Term of settlement.— A settlement shall re main in force for a period of thirty
years and on the expiry of such period, the settlement shall continue to remain in force
until the commencement of the term of a fresh settlement. - Assessment on individual survey number and sub-division.— The Settlement
Officer shall calculate the assessment on each survey number and sub-division in
accordance with the standard rates confirmed and finally published under section 76 and
taking into consideration their classification value in the prescribed manner. - Additional assessment for water advantages.— Notwithstanding anything
contained in this Chapter, the Government may direct that any land, in respect of which
the rate of revenue has been determined, shall be liable to be assessed to additional land
revenue during the term of the settlement for additional advantages accruing to it from
water received on account of irrigation works or improvements in the existing irrigation
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works completed after the table of standard rates comes into force and not effected by or
at the expense of the holder of the land. - Continuance of settlement operations at commencement of Code.— All
settlement operations commenced under any law for the time being in force, or any rule,
order or direction of the Government, and either completed or continuing at the
commencement of this Code, shall be deemed to have been commenced, completed or to
be continuing under the provisions of this Chapter. - Power of Collector to correct errors, etc.— (1) The powers and duties
exercisable by the officers referred to in section 9 may be exercised, during the term of
settlement, by the Collector or such other revenue officer as may be specified by the
Government, for the purpose, by notification in the Official Gazette.
(2) The Collector may, at any time during the term of settlement, correct any error in
the area or the assessment of any survey number or sub-division, due to a mistake of
survey or arithmetical miscalculation:
Provided that no arrear of land revenue shall become payable by reason of such
correction.
CHAPTER VII
Assessment and settlement of Land Revenue of lands used for
non-agricultural purposes - Non-agricultural assessment of lands to be determined on basis of their
non-agricultural use and having regard to urban and non-urban areas.— The
non-agricultural assessment of lands shall be determined with reference to the use of the
land for non-agricultural purpose and having regard to urban and non-urban areas in
which the lands are situated; and shall be determined and levied in accordance with the
provisions of this Chapter. - Procedure for determining non-agricultural assessment of lands in non-urban
areas.— (1) The Collector shall, subject to the approval of the Government, by
notification in the Official Gazette, divide the villages in non-urban areas into two
classes — Class I and Class II — on the basis of the market values of lands, due regard
being had to the situation of the lands, the non-agricultural purpose for which they are
used, and the advantages and the disadvantages attaching thereto.
(2) The Collector shall, subject to the general or special orders of the Government,
assess lands falling in Class I according to the non-agricultural purpose for which they are
used at a rate not exceeding two paise per square metre per year, and those falling in
Class II at a rate not exceeding one paisa per square metre per year, regard being had to
the market value of lands used for the non-agricultural purpose, so, however, that the
assessment so fixed is not less than the agricultural assessment which may be leviable on
such land.
Manual of Goa Laws (Vol. II) – 776 – Land Revenue Code and Rules - Procedure for determining non-agricultural assessment in urban areas.— The
Collector shall divide urban areas into blocks on the basis of the market value of lands,
due regard being had to the situation of the lands, the non-agricultural purposes for which
they are used, and the advantages and disadvantages attaching thereto. - Non-agricultural assessment not to exceed three per cent. of full market
value.— The non-agricultural assessment on lands in each block in an urban area shall
not exceed three per cent. of the full market value thereof, when used as a building site. - Power of Collector to fix standard rate of non-agricultural assessment.— (1)
Subject to the provisions of section 86, the Collector shall, with the approval of the
Government, fix the rate of non-agricultural assessment per square metre of land in each
block in an urban area (to be called “the standard rate of non-agricultural assessment”) at
such percentage of the full market value of such land as may be prescribed.
Explanation:— For the purpose of this sub-section, the full market value shall be
estimated in the prescribed manner on the basis of sales of land during the period of
fifteen years immediately preceding the year in which the standard rate of
non-agricultural assessment is to be fixed.
(2) The standard rate of non-agricultural assessment shall remain in force for a period
of ten years; and shall there after be deemed to be in force, until such rate is revised in
accordance with the provisions of this Chapter.
(3) The standard rates of non-agricultural assessment fixed or revised as aforesaid shall
be published in the Official Gazette, and in such other manner as may be prescribed
before they are brought into force. - Rate of assessment of lands used for non-agricultural purposes.— (1) Subject
to the provisions of this section, the rate of assessment in respect of lands in urban
areas—
(a) used for purposes of residential building, shall be the standard rate of nonagricultural assessment;
(b) used for the purposes of industry, shall be one and one half times the standard
rate of non-agricultural assessment;
(c) used for purposes of commerce, shall be twice the standard rate of non-
-agricultural assessment;
(d) used for any other non-agricultural purpose, shall be fixed by the Collector, at a
rate not less than the standard rate of non-agricultural assessment, and not exceeding
one and one-half times that standard rate, regard being had to the situation, and special
advantages or disadvantages attaching to such lands.
(2) Where any land is used for any non-agricultural purpose for a period of six months
or less, the non-agricultural assessment shall be half of that fixed for land used for that
non-agricultural purpose.
Manual of Goa Laws (Vol. II) – 777 – Land Revenue Code and Rules - Date of commencement of non-agricultural assessment.— The non-agricultural
assessment shall be levied with effect from the date on which any land is actually used for
a non-agricultural purpose. - Term of assessment fixed under sections 84 to 88.— The non-agricultural
assessment fixed according to the provisions of sections 84 to 88 shall remain in force for
a period of fifteen years from the date on which the land is actually used for the non-
-agricultural purpose, or as the case may be, from the date of change of user of the land;
and on the expiry of such period, shall be liable to revision; but till the assessment is
revised, the assessment fixed as aforesaid shall continue in force:
Provided further that when the non-agricultural assessment is revised, the revised
assessment shall not exceed two times the land revenue payable immediately before the
revision, if the land is used for purposes of residential buildings, and shall not exceed six
times the land revenue payable immediately before revision, if the land is used for any
other non-agricultural purpose. - Lands exempt from payment of non-agricultural assessment.— Lands used for
the following purposes shall be exempt from the payment of the non-agricultural
assessment, namely:—
(1) lands used by an agriculturist for an occupation subsidiary or ancillary to
agriculture, such as the erection of sheds for hand-looms, or such other occupations as the
Government may specify in rules made that behalf;
(2) lands used for purposes connected with the disposal of the dead;
(3) lands solely occupied and used for public worship;
(4) lands used for an educational or a charitable purpose the benefit of which is open to
all citizens without distinction of religion, race, caste, place of birth or any of them;
(5) lands used for any other public purpose which the Government may by rules made
under this Code declare to be exempt, for such period and subject to such conditions as
may be specified therein;
(6) such agricultural lands (outside a gaothan, if any) in a non-urban area converted to
non-agricultural use for purposes of residential building as the Government may, by
notification in the Official Gazette, specify. - Revocation of exemption.— It shall be lawful for the Government to direct that
any land which is exempt under the provisions of section 91 from payment of non-
-agricultural assessment shall cease to be so exempt if the land is used for any purpose
other than that for which the exemption is provided; thereupon the land shall be liable to
payment of the assessment according to the provisions of this Chapter, and in addition, to
such fine not exceeding the market value of the land as the Collector may, subject to rules
made by the Government in this behalf, direct. - Non-agricultural assessment of lands wholly exempt from payment of land
revenue.— Nothing in this Chapter shall be deemed to prevent the Collector from
determining and registering the proper full non-agricultural assessment on lands wholly
exempt from payment of such assessment.
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CHAPTER VIII
Land Records - Preparation of record of rights.— It shall be lawful for the Government to take
all measures for the preparation and maintenance of land records, including the record of
rights and maps, and all other matters connected therewith or incidental thereto, in
accordance with such rules and directions as may be made in this behalf. - Record of rights.— (1) A record of the rights in land as occupant, tenant,
Government lessee, mortgagee or howsoever, shall be maintained in every village in a
prescribed form and such record of rights shall include the following particulars,
namely:—
(a) survey number, sub-division number, area, assessment of the land and the tenure
on which it is held;
(b) names of all persons who are occupants, Government lessees or mortgagees of
the land;
(c) names of tenants, if any, of the land;
(d) names of persons holding an encumbrance or any other charge or right on the
land;
(e) the nature and extent of the respective interests of such persons and the
conditions or liabilities, if any, attaching thereto;
(f) the rent, if any, payable for the land;
(g) such other particulars as the Government may prescribe by rules made in this
behalf.
(2) The first preparation of a record of rights in any village shall be made in
accordance with such procedure and by such officer as may be prescribed by the
Government in this behalf.
(3) The record of rights shall be maintained up-to-date in accordance with the
provisions of sections 96 and 97 and such rules as may be prescribed by the Government
in this behalf. - 37[Acquisition of rights to be reported.— Any person acquiring by succession,
survivorship, inheritance, partition, purchase, mortgage, gift, lease or otherwise, any
right as holder, occupant, mortgagee, landlord, tenant or Government lessee of any
land, shall report in writing his acquisition of such right to the Mamlatdar of Taluka,
and upon receipt of such report, he shall proceed to dispose such case as prescribed:
Provided that an entry in the register of mutations shall not be transferred to the
record of rights until such entry has been duly certified and fee as mentioned herein
below is paid.
37 Substituted by the amendment Act 1 of 2010
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(i) for parcel of property upto 1,000
square meters … Rs. 200/-
(ii) for parcel of property above 1,000
square meters and upto 10,000
square meters … Rs. 500/-
(iii) for every parcel of property above
10,000 square meters … Rs. 1,000/-
Provided that where the person acquiring the right is a minor or otherwise
disqualified, his guardian or other person having charge of his property shall make the
report to the Mamlatdar of Taluka.
Explanation I.— The rights mentioned above include a mortgage without
possession, but do not include an easement or a charge not amounting to a mortgage of
the kind specified in section 100 of the Transfer of Property Act, 1882 (Central Act 4
of 1882).
Explanation II.— A person in whose favour a mortgage is discharge or
extinguished, or lease determined, acquires a right within the meaning of this section.
“Explanation III.— For the purpose of this Chapter the term “Mamlatdar of
Taluka” includes Joint Mamlatdar; and in case of City Survey Records, the Inspector
of Surveys and Land Records].
- 38[ Omitted]
- Register of cultivators and crops.— A register showing the crops grown on the
land every year and the name of the cultivator growing them shall be prepared in every
village in such form and maintained in such manner and by such officer as may be
prescribed by Government in this behalf.
Explanation:— For the purpose of this section, “cultivator” means a person who
cultivated land whether as owner, tenant, sub-tenant or mortgagee-in-possession or in any
other capacity. - Obligation to furnish information.— (1) Any person whose rights, interests or
liabilities are required to be, or have been entered in any record or register, under this
chapter shall be bound, on the requisition of any revenue officer or Talathi engaged in
compiling or revising the record or register, to furnish or produce for his inspection,
within one month from the date of such requisition, all such information or documents
needed for the correct compilation or revision thereof as may be within his knowledge or
in his possession or power.
(2) A revenue officer or a Talathi to whom any information is furnished or before
whom any document is produced in accordance with the requisition under sub-section
(1), shall at once give a written acknowledgement thereof to the person furnishing or
producing the same and shall endorse on any such document a note under his signature
stating the fact of its production and the date thereof and may return the same
immediately after keeping a copy of it, if necessary.
38 Omitted by the amendment Act 1 of 2010
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- Fine for neglect to afford information.— Any person neglecting to make the
report required by section 96, or furnish the information or produce the documents
required by section 99 within the period specified in that section shall be liable, at the
discretion of the Collector, to be charged a fine not exceeding twenty-five rupees, which
shall be leviable as an arrear of land revenue. - Requisition of assistance in preparation of maps.— Subject to rules made in
this behalf by the Government—
(a) any revenue officer or a Talathi may, for the purpose of preparing or revising
any map or plan required for, or in connection with any record or register under this
Chapter, exercise any of the powers of a survey officer under sections 57 and 58
except the power of assessing the cost of hired labour under section 58, and
(b) any revenue officer of a rank not lower than that of an Assistant or Deputy
Collector or of a survey officer may assess the cost of the preparation or revision of
such map or plan and all contingent expenses, including the cost of clerical labour and
supervision, on the lands to which such maps or plans relate and such costs shall be
recoverable as a revenue demand. - Intimation of transfer by registering officers.— When any document
purporting to create, assign or extinguish any title to, or any charge on, land used for
agricultural purposes, or in respect of which a record of rights has been prepared is
registered under the Indian Registration Act, 1908, the officer registering the document
shall send intimation to the Talathi of the village in which the land is situate and to the
Mamlatdar of the Taluka, in such form and at such times as may be prescribed by rules
made under this Code. - Correction of clerical errors.— The Collector may, at any time, correct or cause
to be corrected any clerical errors and any errors which the parties interested admit to
have been made in the record of rights or registers maintained under this Chapter or
which a revenue officer may notice during the course of his inspection:
Provided that, when any error is noticed by a revenue officer during the course of his
inspection, no such error shall be corrected unless a notice has been given to the parties
and objections, if any, have been disposed of finally in accordance with the procedure
relating to disputed entries. - Land records.— In addition to the map, the registers and the record of rights,
there shall be prepared for each village such other land records as may be prescribed. - Presumption of correctness of entries in record of rights and register of
mutations.— An entry in the record of rights, and a certified entry in the register of
mutation shall be presumed to be true until the contrary is proved or a new entry is
lawfully substituted therefor. - Bar of suits.— No suit shall lie against the Government or any officer of the
Government in respect of a claim to have an entry made in any record or register that is
maintained under this Chapter or to have any such entry omitted or amended. - Record of rights at commencement of Code.— Until the record of right, for any
area is prepared in accordance with the provisions of this Chapter, the existing record of
rights in force in that area under any law for the time being in force shall be deemed to be
the record of rights prepared under this Chapter.
Manual of Goa Laws (Vol. II) – 781 – Land Revenue Code and Rules - Maps and other records open to inspection.— Subject to such rules and on
payment of such fees, if any, as may be prescribed, all maps and land records shall,
subject to such restriction as may be imposed, be open to inspection by the public during
office hours, and certified extracts therefrom or certified copies thereof may be given to
all persons applying for the same. - Power to transfer duty of maintaining maps and records to settlement
officers. — When a local area under settlement, the duty of maintaining the maps and
record under the order of the Government shall be transferred from the Collector to the
Settlement Officer.
CHAPTER IX
Boundaries and boundary marks - Fixation and demarcation of boundaries.— Boundaries of all villages and of all
survey numbers in villages therein shall be fixed and demarcated by boundary marks. - Determination of village boundaries.— The boundaries of villages shall be
fixed, and all disputes relating thereto shall be determined by survey officers, or by such
other officers as may be appointed by the Government for the purpose, after holding a
formal inquiry at which the village officers and all persons interested have an opportunity
of appearing and producing evidence. - Determination of field boundaries.— If at the time of a survey, the boundary of
a field or holding be undisputed, and its correctness be affirmed by the village officers
then present, it may be laid down as pointed out by the holder or person in occupation
and, if disputed, or if the said holder or person in occupation be not present, it shall be
fixed by the survey officer according to the land records and according to occupation as
ascertained from the village officers and the holders of adjoining lands, or on such other
evidence or information as the survey officer may be able to procure. - Disputes regarding boundaries between villages, survey numbers and
sub-divisions.— If any dispute arises concerning the boundary of a village or a field or a
holding which has not been surveyed, or if at any time after the completion of a survey a
dispute arises concerning the boundary of any village or survey number or sub-division of
a survey number, it shall be decided by the Collector after holding a formal inquiry, at
which the village officers and all persons interested shall have an opportunity of
appearing and producing evidence. - Demarcation of boundaries of survey number or sub-division.— (1) The
Collector may, on the application of a party interested, demarcate the boundaries of a
survey number or of a sub-division and construct boundary marks thereon.
(2) The Government may make rules for regulating the procedure of the Collector in
demarcating the boundaries of a survey number or of a sub-division, prescribing the
nature of the boundary marks to be used, and authorising the levy of fees from the holders
of land in a demarcated survey number or sub-division.
(3) Survey numbers and sub-divisions demarcated under the provisions of this section
shall be deemed to be survey numbers for the purposes of sections 110, 113, 116 and 117.
Manual of Goa Laws (Vol. II) – 782 – Land Revenue Code and Rules - Effect of settlement of boundaries.— (1) The settlement of a boundary under
this Chapter shall be determinative—
(a) of the proper position of the boundary lines or boundary marks; and
(b) of the rights of the holders on either side of the boundary fixed in respect of the
land adjudged to appertain, or not to appertain, to their respective holdings.
(2) Where a boundary has been so fixed, the Collector may at any time summarily
evict any person who holds land and who is wrongfully in possession of any land which
has been adjudged in the settlement of boundary not to appertain to his holding or to the
holding of any person through or under whom he claims.
(3) An order of eviction under sub-section (2) shall, subject to the provisions of sub-
-sections (4) and (5), be subject to appeal and revision in accordance with the provisions
of this Code.
(4) Where any person has been evicted or is about to be evicted from any land under
the provisions of sub-section (2), he may, within a period of one year from the date of the
settlement of the boundary, institute a civil suit to establish his title thereto:
Provided that the Government or the Collector, or any revenue or survey officer as
such, shall not be made a party to such suit.
(5) Where a civil suit has been instituted under sub-section (4), such order shall not be
subject to appeal or revision.
(6) The Collector may at any time make an order for redistribution of land revenue
which, in his opinion, should be made as a result of the decision of the appeal or revision
or, as the case may be, the suit, and such redistribution shall take effect from the
beginning of the revenue year following the date of the order. - Construction and repair of boundary marks of survey number and villages
etc.— (1) It shall be lawful for any survey officer authorised in this behalf to erect or
cause to be constructed, laid out, maintained or repaired, boundary marks, or survey
marks of villages or survey numbers or sub-divisions and to assess all charges incurred
thereby on the holders or others having an interest therein.
(2) Such officer may by notice in writing require landholders to construct, lay out,
maintain or repair within a specified time, the boundary marks or survey marks of their
respective survey numbers or sub-divisions; and on their failure to do so the survey
officer shall construct, lay out or repair them and assess all charges incurred thereby as
hereinbefore provided.
(3) The boundary marks and survey marks shall be of such description, and shall be
constructed, laid out, maintained or repaired in such manner and shall be of such
dimention and materials as may, subject to rules made by the Government in this behalf,
be determined by the Superintendent of Surveys and Land Records, according to the
requirement of soil, climate, durability and cheapness of materials.
Manual of Goa Laws (Vol. II) – 783 – Land Revenue Code and Rules - Responsibility for maintaining boundary marks.— Every person who holds
land or is in possession thereof shall be responsible for the maintenance and good care of
the boundary marks and survey marks of his holding and for any charge reasonably
incurred on account of the same by the revenue officers in case of alteration, removal or
disrepair. It shall be the duty of the Revenue Officers to prevent the destruction or
unauthorised alteration of the village boundary marks or survey marks. - Collector to have charge of boundary marks.— After the introduction of
survey and settlement in a district, the charge of the boundary marks and survey marks
shall devolve on the Collector, and it shall be his duty to take measures for their
construction, laying out, maintenance and repair and for this purpose the powers
conferred on survey officers by section 116 shall vest in him. - Penalty for injuring boundary marks.— Any person wilfully erasing, removing
or injuring a boundary mark or survey mark shall, on summary inquiry by a revenue
officer, be liable to a penalty not exceeding fifty rupees for each mark so erased, removed
or injured.
CHAPTER X
Realisation of Land Revenue and other public demands - Claims of Government to have precedence over all others.— (1) Land
revenue assessed on any land and the arrears thereof and all claims of the Government to
moneys recoverable under the provisions of this Chapter, shall have precedence over any
other debt, demand or claim whatsoever, whether in respect of mortgage, judgement,
decree, execution or attachment or otherwise howsoever, against any land or the holder
thereof.
(2) The claim of the Government to any moneys other than arrears of land revenue, but
recoverable as a revenue demand under the provisions of this Chapter, shall have priority
over all unsecured claims against any land or holder thereof. - Payment of Land Revenue.— Land revenue shall be payable at such times, in
such instalments, to such persons, and at such places, as may be prescribed. - Arrear of land revenue.— (1) Any instalment of land revenue or part thereof
which is not paid on or before the due date shall become an arrear of land revenue and the
persons responsible for the payment become defaulters.
(2) A statement of account certified by the Mamlatdar shall, for the purposes of this
Chapter, be conclusive evidence of the existence of the arrear, of its amount and of the
person who is the defaulter:
Provided that nothing in this sub-section shall prejudice the right of such person to
make payment under protest and to question the correctness of the account in separate
proceedings before the competent authority.
(3) On receipt of such a certified statement of account it shall be lawful for the
Collector, the Assistant or Deputy Collector or the Mamlatdar in one district to proceed to
Manual of Goa Laws (Vol. II) – 784 – Land Revenue Code and Rules
recover the demands of the Collector of any other district under the provisions of this
Chapter as if the demand arose in his own district. - Recovery of arrears.— An arrear of land revenue may be recovered by any one
or more of the following processes, namely:—
(a) by serving a written notice of demand on the defaulter under section 124.
(b) by distraint and sale of the defaulter’s movable property under section 125;
(c) by forfeiture of the holding in respect of which the arrear is due under section
127;
(d) by the attachment and sale of the defaulter’s immovable property, under section
128;
(e) by arrest and imprisonment of the defaulter under section 129. - Notice of demand.— (1) The form and contents of the notice of demand and the
Officers by whom notices shall be issued shall be such as may be prescribed.
(2) A notice of demand may be issued on or after the day following that on which the
arrear accrues. - Distraint and sale of defaulter’s movable property.— (1) The Collector may
also cause the defaulter’s movable property to be distrained and sold.
(2) Such distraint and sale of the movable property of a defaulter shall be made by
such officers or class of officers, in such manner and in accordance with such procedure,
as may be prescribed.
(3) Nothing in sub-section (1) shall be deemed to authorise the distraint or sale of any
property which, under the Code of Civil Procedure, 1908, or any other law for the time
being in force, is exempt from attachment or sale in execution of a decree or of any article
set aside exclusively for religious use. - Resort to other processes.— When the Collector is of opinion that the processes
referred to in clause (a) and (b) of section 123 are not sufficient for the recovery of an
arrear of land revenue, he may resort to the processes referred to in clause (c), (d) or (e)
of section 123 as he may deem expedient. - Holding for which arrear is due may be forfeited.— The Collector may declare
the holding in respect of which an arrear of land revenue is due, to be forfeited to the
Government, and subject to rules made in his behalf, sell or otherwise dispose of the
same under the provisions of section 46 or 47 and credit the proceeds, if any, to the
defaulter’s account:
Provided that the Collector shall not declare any such holding to be forfeited—
(a) unless previously thereto he shall have issued a proclamation and written notices
of the intended declaration in the manner provided by section 133 and 134 for sales of
immovable property, and
(b) until after the expiration of at least fifteen days from the latest date on which any
of the said notices shall have been affixed as required by section 134.
Manual of Goa Laws (Vol. II) – 785 – Land Revenue Code and Rules - Sale of defaulter’s immovable property.— The Collector may also cause the
right, title and interest of the defaulter in any immovable property other than the land on
which the arrear of land revenue is due to be similarly attached and sold. - Arrest and detention of defaulter.— At any time after any arrear becomes due,
the defaulter (not being an agriculturist from whom such arrear in respect of his
occupancy is due) may be arrested and detained in custody in the civil jail unless the
revenue due together with the penalty or interest and the cost of arrest and of notice of
demand and the cost of his subsistence during detention is sooner paid. For this purpose
the Collector may issue a warrant in the prescribed form:
Provided that no such arrest shall be made unless the default is wilful and the defaulter
is given an opportunity to show cause against his arrest and detention. - Power to arrest by whom to be exercised.— The Government may from time to
time declare by what officers or class of officers, the powers of arrest conferred by
section 129 may be exercised, and also fix the costs of arrest and the amount of
subsistence money to be paid by the Government to any defaulter under detention. - But all processes to be stayed on security being given.— (1) Any defaulter
detained in custody shall forthwith be set at liberty and the execution of any process shall,
at any time, be stayed, on the defaulter’s giving before the Collector or if the defaulter is
in jail, before the officer in charge of such jail, security in the prescribed form satisfactory
to the Collector or to such officer.
(2) Any person against whom proceedings are taken under this Chapter may pay the
amount claimed under protest to the officer taking such proceedings, and upon such
payment, the proceedings shall be stayed. - Sale to be by auction.— All sales of property, movable or immovable, under
this Chapter shall be by public auction held in accordance with the provisions of the next
succeeding sections. - Procedure in effecting sales.— (1) When any sale of either movable or
immovable property is ordered under the provisions of this Chapter, the Collector shall
issue a proclamation in the prescribed form with its translation in such language as may
be prescribed, of the intended sale, specifying the time and place of sale, the amount or
amounts for the recovery of which the sale is ordered and, in the case of movable
property, whether the sale is subject to confirmation or not and when land paying revenue
to the Government is to be sold, the revenue assessed upon it, together with any other
particulars he may think necessary.
(2) Such proclamation shall be made by beat of drum at the head quarters of the taluka
and in the village in which the immovable property is situated if the sale be of immovable
property; and if the sale be of movable property, the proclamation shall be made in the
village in which such property was seized, and in such other places as the Collector may
direct.