Keywords : Mamlatdar, Mundcar, Plaintiff, Village Officer
The Goa, Daman and Diu Mamlatdar’s Court Act, 1966
(No. 9 of 1966) [26th October 1966]
AN
ACT
to constitute courts of Mamlatdars and to regulate their powers and procedure and
matters connected therewith.
Be it enacted by the Legislative Assembly of Goa, Daman and Diu in the Seventeenth
Year of the Republic of India as follows:
- Short title, extent and commencement.— (1) This Act may be called the Goa,
Daman and Diu Mamlatdar‟s Court Act, 1966.
(2) It extends to the whole of the Union Territory of Goa, Daman and Diu.
(3) It shall come into force on such date as Government may, by notification in the
Official Gazette, appoint and different dates may be fixed for different areas. - Definitions.— In this Act, unless there is anything repugnant in the subject or
context—
(a) “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, grazing and pisciculture;
(b) “Government” means the Government of Goa, Daman and Diu;
(c) “Mamlatdar” means a person appointed as a Mamlatdar by Government and
includes a Joint Mamlatdar;
(d) “Mundcar” shall have the same meaning as is assigned to it in the Legislative
Diploma No. 1952 dated the 26th November, 1959, as in force for the time being;
(e) the words “plaintiff” and “defendant” shall include
(i) a pleader duly appointed to act on behalf of such plaintiff or defendant and
(ii) the recognized agent of a plaintiff or defendant as defined in Order III Rule 2
of the Code of Civil Procedure;
(f) “Prescribed” means prescribed by rules made under this Act;
(g) “Village Officer” means such officer as Government may, from time to time,
specify by notification in the Official Gazette as being a Village Officer. - Appointment and Functions of Joint Mamlatdar.— (1) Government, may, by
notification in the Official Gazette, appoint in any taluka a Joint Mamlatdar under this
Act who shall be invested with co-extensive powers and a concurrent jurisdiction with the
Mamlatdar, except that he shall dispose of such suits or proceedings only as he may
receive from the Mamlatdar, or may be transferred to him by the Collector or by
Government.
(2) The Mamlatdar may transfer to a Joint Mamlatdar any suit or proceeding under this
Act which has been instituted in his court and re-transfer to his own file any such suit or
proceeding:
Provided however that no suit or proceeding shall be transferred or re-transferred after
any evidence has been recorded therein. - Powers of Mamlatdar’s Court. — (1) Every Mamlatdar shall preside over a Court,
which shall be called a Mamlatdar‟s Court, and which shall subject to the provisions of
sections 5 and 24 have power, within such territorial limits as may, from time to time, be
fixed by Government by notification in the Official Gazette—
(a) to remove or cause to be removed any impediment erected otherwise than under
due authority of law, to the natural or customary flow in a defined channel or
otherwise of any surface water rising in or falling on any land used for agriculture or
for trees or other crops, on to any adjacent land, where such impediment causes or is
likely to cause damage to the land used for such purposes or to any grazing, trees or
crops thereon;
(b) to give immediate possession of any lands or premises used for agriculture or
trees or crops, or fisheries, or to restore the use of water from any well, tank, reservoir,
canal or water-course, whether natural or artificial used for agricultural purposes to any
person who has been dispossessed or deprived thereof otherwise than under due
authority of law, or who has become entitled to the possession or restoration thereof by
reason of the determination of any tenancy or other right of any other person, not being
a person who has been a former owner or part-owner, within a period of twelve years
before the institution of the suit, of the property or use claimed, or who is the legal
representative of such former owner or part-owner;
(c) to remove or cause to be removed any refuse, mining reject or other substance
which has been dumped or placed otherwise than under due authority of law on any
agricultural land;
(d) to give immediate possession of any dwelling house situated in any land used for
purposes of agriculture to any tenant or agricultural labourer who has been
dispossessed or deprived thereof otherwise than under due authority of law;
(e) to give immediate possession to a mundcar of any dwelling house held by him as
such of which he has been dispossessed or deprived otherwise than under due authority
of law;
(f) to restore or cause to be restored any right of way which has been obstructed or
encroached upon otherwise than under due authority of law;
(g) to restore or cause to be restored any right to use or take water for purposes of
irrigation or domestic use of which any person has been deprived otherwise than under
due authority of law.
(2) The said Court shall also, have power within the said limits, where any impediment
referred to in clause (a) of sub-section (1) is erected, or an attempt has been made to erect
it, or when any refuse, mining reject or other substance is placed or sought to be placed,
otherwise than by due authority of law on any agricultural land, or when any person, is
otherwise than under due authority of law disturbed or obstructed, or when an attempt has
been made so to disturb or obstruct any person in the possession of any lands or premises
used for agriculture or trees, or crops or fisheries, or in the use of water from any well,
tank, reservoir, canal or water-course, whether natural or artificial, used for agricultural or
domestic purposes, or any such dwelling house as is referred to in clause (d) of sub-
section (1), or in the use of roads or a right of way thereto, to issue an injunction to the
person erecting or who has attempted to erect such impediment, or causing, or who has
attempted to cause, such „disturbance or obstruction requiring him to refrain from
erecting or attempting to erect any such impediment or from causing or attempting to
cause any further such disturbance or obstruction.
(3) No suit shall be entertained by a Mamlatdar‟s Court unless it is brought within one
year from the date on which the cause of action arose:
Provided however that a suit in respect of which the cause of action arose before the
commencement of this Act may, if it is otherwise not barred by any law for the time
being in force, be entertained within one year of such commencement.
(4) The cause of action shall be deemed to have arisen on the date on which the
impediment to the natural or customary flow of surface water or the dispossession,
deprivation, obstruction, encroachment or determination of tenancy or other right or the
unauthorised dumping occurred, or the attempted impediment or disturbance or
dispossession or obstruction or encroachment or dumping or deprivation first commences.
Explanation:— The exercise by a joint owner of any right which he has over the joint
property is not a dispossession, or disturbance of possession of the other joint owner or
owners within the meaning of this section. - Power of Collector to transfer suit.— (1) The Collector may, upon the application
of a party, after due notice to the other parties, for reasons to be recorded, by order in
writing, transfer any suit or proceeding at any stage from any Mamlatdar‟s Court in his
district to any other Mamlatdar‟s Court in his district and the Mamlatdar‟s Court to
which the case is so transferred shall thereupon exercise jurisdiction in such suit, but any
order issued to village officers under section 20 shall be issued by the Mamlatdar to
whom such village officers are subordinate.
(2) The Collector may also similarly transfer a suit or proceeding from a Mamlatdar to
a Joint Mamlatdar and from a Joint Mamlatdar to a Mamlatdar. - Suits commenced by plaint Contents of plaint.— All suits under this Act shall be
commenced by a plaint which shall be presented to the Mamlatdar in open Court or to
any person authorised by him, by the plaintiff, and which shall contain the following
particulars:
(a) the name, age, profession and place of abode of the plaintiff and the defendant;
(b)the nature and situation of the impediment erected and the situation of the lands
which are adjacent to each other, and the nature of the relief sought, or
(c) the nature and situation of the property of which possession or use is sought, or
(d)the nature of the injunction to be granted, or
(e) the nature and situation of the land and of the refuse or other substance which has
been dumped thereon, and the circumstances of the dumping, or
(f) the nature and situation of the right of way, which has been obstructed or
encroached upon, and the nature of the obstruction or encroachment, or
(g)the nature of the right to water of which there has been deprivation;
(h)the date on which the cause of action arose;
(i) the circumstances out of which the cause of action arose; and
(j) a list of the plaintiff‟s documents, if any, and of his witnesses, if any, and whether
such witnesses are to be summoned to attend, or whether the plaintiff will produce
them on the day and at the place to be fixed under section 13. - Informal petitions to be treated as plaints.— Where a petition not in the form of a
plaint is presented under section 6 and the subject matter thereof appears to fall within the
scope of section 4, the Mamlatdar shall explain to the person presenting the petition the
nature of the reliefs afforded by this Act and shall inquire whether the petitioner desires to
obtain relief thereby. If the petitioner expresses a desire so to obtain relief, the Mamlatdar
shall endorse the desire on the petition which shall thereupon be deemed to be a plaint
presented under section 6. - Examination of plaintiff on oath.— Where the plaint does not contain the
particulars specified in section 6 or is unnecessarily prolix, or is otherwise defective, the
Mamlatdar shall examine the plaintiff upon oath and ascertain from him such of the
particulars specified in section 6 as are not clearly and correctly stated in the plaint or are
necessary for rectifying the defects noticed in the plaint, and shall reduce the examination
to writing in the form of an endorsement on or annexure to the plaint which shall
thereupon be deemed to be part of the plaint.
The record of such writing shall be read over or translated to the plaintiff in a language
understood by him and his signature obtained thereon.
Where the plaintiff requires time to obtain any of the particulars specified in section 6
or to rectify the defects the Mamlatdar shall grant him such time as may under all the
circumstances appear reasonable. - Plaint to be subscribed and verified.— When the plaint is presented, and has if
necessary been treated in the manner specified in section 8, the Mamlatdar shall require
the plaintiff to subscribe and verify the plaint in his presence, in open Court, in the
manner following or to the like effect:—
“I, A. B. the plaintiff, do hereby declare that what is stated in this plaint is true to the
best of my information, knowledge and belief”. - Endorsement by Mamlatdar.— (1) The Mamlatdar shall endorse the plaint to the
effect that it was duly subscribed and verified.
(2) Where the plaintiff cannot write, the verification may be written for him in open
Court and he shall affix his mark to his name in token of the authenticity of the
verification, and the Mamlatdar shall, in such case, record that the verification was made
in his presence at the request of the plaintiff and that his mark was so affixed. - Rejection of plaint.— The Mamlatdar shall reject the plaint —
(a) where the plaintiff declines to make a statement on oath under section 8, or
(b) where the plaintiff is willing to make or has made a statement on oath under section 8,
but fails to furnish the particulars specified in section 6 within the time fixed under
section 8 or altogether, or
(c) where it appears upon the face of the plaint —
(i) that the relief claimed is not, one of the kind specified in section 4, or
(ii) that the suit is barred under sub-section (3) of section 4, or
(d) where the plaintiff declines to subscribe or verify the plaint as required by sections
9 and 10. - Return of plaint.— Where it appears to the Mamlatdar that the subject of the
plaint is not within his jurisdiction, he shall, after hearing the plaintiff, return the plaint to
be presented to the proper Court. - Procedure where plaint admissible.— (1) Where a plaint is admissible, the
Mamlatdar shall receive and file it and shall grant a receipt in the prescribed form. He
shall as soon as may be thereafter fix a day and place for the trial of the case, and shall
issue, at the expense of the plaintiff, notice in the prescribed form to the defendant. He
shall then require the plaintiff to appear with his documents, if any, and witnesses if any,
on the day and at the place fixed.
(2) The date to be fixed for the trial of the case shall not be later than fifteen days from
the day on which the notice is issued, except for sufficient reason to be recorded in
writing by the Mamlatdar with his own hand.
(3) The place to be fixed for the trial of the case may be in the Mamlatdar‟s office, or
at or near the scene of dispute or at any other spot that the Mamlatdar considers
convenient to the parties. - Attendance of witnesses.— (1) Where either party requires any witness to be
summoned to appear on the day and at the place fixed, the Mamlatdar shall issue a
summons for that purpose.
(2) The Mamlatdar may issue, after recording his reasons in writing a warrant for the
arrest of any such witness if at such time he fails to appear and the summons is proved to
have been duly served in time to admit of his appearing in accordance therewith and no
reasonable excuse is offered for such failure. - Effects of default and withdrawal of suits.— (1) Where the plaintiff fails to
attend, or to produce his documents, if any, or to adopt measures to procure the
attendance of his witnesses, if any, on the day and at the place fixed, the Mamlatdar shall
reject the plaint with costs, whether the defendant appears or not, unless the defendant
admits the claim.
(2) Where the plaintiff attends as required by sub-section (1) of section 13 but the
defendant fails to attend, and the Mamlatdar is satisfied from the evidence before him that
the notice has been duly served on the defendant and in sufficient time to enable the
defendant to appear and answer on the day fixed in the notice, he shall proceed to hear
and decide the plaint ex-parte:
Provided that if either party satisfies the Mamlatdar at any time within thirty days from
the date of the rejection of a plaint or decision of the case ex-parte that he was prevented
by some sufficient cause from attending, or from producing his documents or from
adopting measures to procure the attendance of his witnesses, as the case may be, it shall
be lawful for the Mamlatdar to issue a notice in the prescribed form at the expense of the
applicant, to the opposite party and, if still satisfied after hearing the opposite party that
the applicant was prevented as alleged, after recording his reasons, to re-hear the case at
such time and place as he may then fix:
Provided further, that nothing in the foregoing provisions shall prevent the plaintiff
from withdrawing his suit on payment of the defendant‟s costs. - When proceedings may be adjourned.— (1) Where in the case mentioned in
sub-section (2) of section 15 the Mamlatdar is not satisfied from the evidence before him
that the notice has been duly served on the defendant, and in sufficient time to enable the
defendant to appear and answer on the day fixed in the notice, he shall adjourn the trial of
the case and issue a fresh notice under sub-section (1) of section 13 to the defendant.
(2) Where any witness who has been duly summoned, or for whose arrest a warrant
has been issued under sub-section (2) of section 14, fails to attend on the day and at the
place fixed, the Mamlatdar may, for sufficient reasons to be recorded in writing, after
taking the evidence of those present, adjourn the hearing of the suit from time to time till
the attendance of such witness can be enforced:
Provided however that the Mamlatdar may, if he is satisfied for reasons to be recorded
in writing that the evidence of any witness is not relevant or material, or that his presence
is sought only for the purposes of vexation or delay or for defeating the ends of justice,
decline to adjourn the hearing as aforesaid.
(3) The Mamlatdar may, for any other sufficient reason to be recorded in writing
adjourn the trial of the case for such time as he thinks fit, but not ordinarily exceeding ten
days.
(4) The provisions of sections 14 and 15 shall apply in respect of any day to which the
trial of the case may be adjourned under this section, as if such day were the day
originally fixed for the trial. - Parties to suits.— (1) A minor may sue or be sued, if he is represented by a
natural or duly appointed guardian.
(2) The Mamlatdar may, at any stage of the proceedings order that the name of any
person to whom possession or enjoyment of the property or use claimed, or of any part
thereof, may have been transferred, or the addition of whom as a party appears necessary
in order to enable the Court effectually and completely to adjudicate upon the issues, be
added as a plaintiff or defendant, as the circumstances of the case may require:
Provided that no person shall be added as a plaintiff without his consent:
Provided further that in respect of any person so added not being a transferee pending
the suit, the suit shall for the purposes of sub-section (3) of section 4, be deemed to have
been instituted on the day when his name was so added.
(3) In case of the death of any party while the suit is pending;
(i) if application is made within one month of such death, the Mamlatdar shall
determine summarily who is the legal representative of the deceased party and shall
enter on the record the name of such representative;
(ii) if no such application is made, the suit shall abate.
(4) Where the Mamlatdar orders the name of any person to be added as a defendant or
enters on the record the name of any person as the legal representative of a deceased
defendant the Mamlatdar shall issue to such person a notice as provided in section 13, and
the trial shall proceed on the date fixed in such notice. - Procedure and powers of Mamlatdar’s Court.— (1) On the day fixed or on any
day to which the proceedings may have been adjourned, the Mamlatdar shall, subject to
the provisions of section 15 proceed to hear all the evidence that is then and there before
him, and to try the following issues, namely:—
(a) If the plaintiff avers that the natural flow of surface water from his land has been
impeded by any erection raised by the defendant causing damage or likelihood of
damage to the plaintiffs land or to any grazing, trees or crops thereon—
(i) whether surface water flowed in a defined channel or otherwise, naturally or
customarily from plaintiff‟s land on to the defendant‟s land;
(ii) whether the defendant erected any impediment to such flow, otherwise than
under due authority of law;
(iii) whether the suit was filed within the time allowed by sub-section (3) of
section 4;
(iv) whether such impediment has caused or is likely to cause damage to
plaintiff‟s land or to any grazing, trees or crops thereon;
(b) If the plaintiff avers that he has been unlawfully dispossessed of any property or
deprived of any use —
(i) whether the plaintiff or any person on his behalf or through whom he claims
was in possession or enjoyment of the property or use claimed;
(ii) whether the defendant is in possession at the time of the suit, and, if so,
whether he obtained possession otherwise than by due course of law;
(iii) whether the suit was filed within the time allowed by sub-section (3) of
section 4;
(c) If the plaintiff avers that he is entitled to possession of any property or
restoration of, any use by reason of the determination of any tenure or other right of the
defendant in respect thereof—
(i) whether the defendant is in possession of the property or in the enjoyment of
the use by a right derived from the plaintiff or from any person through whom he
claimed;
(ii) whether the suit was filed within the time allowed by sub-section (3) of
section 4;
(iii) whether the defendant is other than a person who has been a former owner or
part-owner within a period of twelve years before the institution of the suit of the
property or use claimed, and other than the legal representative of such former
owner or part-owner.
(d) If the plaintiff avers that he is still in possession of the property or in the
enjoyment of the use, but that the defendant disturbs or obstructs, or has tempted to
disturb or obstruct him in his possession or use—
(i) whether the plaintiff or any person on his behalf is actually in possession or
enjoyment of the property or use claimed;
(ii) whether the defendant is disturbing or obstructing or has attempted to disturb
or obstruct him in such possession or enjoyment;
(iii) whether the suit was filed within the time allowed by sub-section (3) of
section 4.
(e) If the plaintiff avers that he is in possession of any agricultural land, and that the
defendant has placed, or threatens to place any refuse, mining reject or other substance
thereon—
(i) whether the plaintiff or any person on his behalf is actually in possession or
enjoyment of the land in question;
(ii) whether the defendant has placed or is attempting to place any refuse, mining
reject or other substance, without due authority of law;
(iii) whether the suit was filed within the time allowed by sub-section (3) of
section 4.
(f) If the plaintiff avers that he is entitled to a right of way and that the defendant has
obstructed or has encroached upon it—
(i) whether the plaintiff or any person on his behalf was in beneficial enjoyment
of the right of way;
(ii) whether the defendant has obstructed or encroached upon it otherwise than
under due authority of law;
(iii) whether the suit was filed within the time allowed by sub-section (3) of
section 4.
(g) If the plaintiff avers that he has been deprived of any right to use or take water
for purposes of irrigation or domestic use—
(i) whether the plaintiff or any person on his behalf was in enjoyment of the right
to use or take water;
(ii) whether the defendant has deprived the plaintiff of such right otherwise than
under due authority of law;
(iii) whether the suit was filed within the time allowed by sub-section (3) of
section 4.
(2) The Mamlatdar may, after due notice to, and in the presence of the parties, summon
and examine as a witness any person who has not been summoned or produced, and may
call for and cause to be proved any document which has not been applied for or produced,
by either of the parties, where he considers it expedient in the interests of justice so to do,
and may, if he thinks fit, make a personal inspection of the property in dispute in the
presence of, or after due notice to, the parties.
He shall after hearing the parties if present record on the spot without unnecessary
delay a memorandum of any relevant facts observed at such inspection. The
memorandum shall form part of the record of the case.
(3) The Mamlatdar shall make or cause to be made a memorandum of the substance of
the evidence of each witness as the examination of the witness proceeds. The
memorandum shall be signed by the Mamlatdar, read over or explained to the witness and
his signature obtained thereon.
(4) Where the Mamlatdar‟s finding upon the issues for which he shall briefly record
his reasons, is in favour of the plaintiff, he shall make such order, as the circumstances of
the case appear to him to require, and where his finding is in favour of the defendant, he
shall dismiss the suit. In either case the costs of the suit including the costs of execution
shall follow the decision except in special circumstances for reasons to be recorded in
writing by the Mamlatdar. - Mamlatdar’s order to be endorsed on plaint and read out in open Court.—
Every order of the Mamlatdar, whether for rejecting or returning a plaint or whether for
allowing or disallowing a claim shall be endorsed by the Mamlatdar on the plaint and
shall be read out by him in open court, either at once or on some future day of which due
notice shall be given to the parties or their pleaders, and brief reasons for the order shall
be placed by him on record. - Mamlatdar’s decision how executed.— (1) Where the Mamlatdar‟s decision is
for removal of an impediment or unauthorisedly dumped refuse or an encroachment or for
awarding possession or restoring a use, he shall give effect thereto forthwith by issuing
such orders to the village-officers, or to any subordinate under his control or otherwise, as
he thinks fit or in such other manner as may be prescribed and may use or cause to be
used such force as may be reasonably necessary for that purpose. The cost of removing
such impediment, refuse or encroachment by the Mamlatdar shall be recoverable from the
defendant as arrears of land revenue:
Provided that notwithstanding anything contained in this Act, where at the time when a
decision is recorded by the Mamlatdar for award of possession of any land, there is a crop
on such land which has been sown by or at the expense of the defendant, and the
Mamlatdar is satisfied that it has been so sown in good faith, the Mamlatdar may, and if
the defendant makes an application for the purpose and furnishes sufficient security, or
deposits in Court a sufficient sum for the payment of the costs of the suit, shall pass an
order staying delivery of possession of such land to the plaintiff seeking possession
thereof, either—
(a) until the plaintiff agrees to take the crop at a valuation to be made under the
orders of the Mamlatdar according to the value of the crop at such time, including any
instalments of the Government assessment which the defendant may have paid for the
current year; or
(b) where the plaintiff is unwilling to take the crop at such valuation until after the
expiration of sufficient time for the crop to be gathered by the defendant.
The amount of any valuation made under clause (a) of the proviso to this sub-section
shall be paid to the defendant through the Mamlatdar, and shall be recoverable from the
plaintiff as an arrear of land revenue.
(2) Where the Mamlatdar‟s decision is for granting an injunction, he shall cause the
same to be prepared in the prescribed form and shall deliver or tender the same then and
there to the defendant, if present or if the defendant is not present, shall send it to the
village-officers, or to any subordinate under his control to be served upon the defendant.
(3) Where the Mamlatdar awards costs, such costs, together with the costs of execution
shall be recoverable from the party ordered to pay them as an arrear of land revenue.
(4) Any person disobeying an injunction granted under sub-section (2) shall be
punishable under section 188 of the Indian Penal Code. - Possession to be given without prejudice to rights of parties.— Subject to the
provisions of sub-section (2) of section 22 the party in favour of whom the Mamlatdar
issues an order for removal of an impediment or refuse or the party to whom the
Mamlatdar gives possession or restores a use, or in whose favour an injunction is granted,
shall continue to have the surface water upon his land flow unimpeded on to adjacent land
or continue in possession or use, of the land, dwelling house, right of way or right to
water, as the case may be, until otherwise decreed or ordered, or until ousted, by a
competent Civil Court:
Provided, that nothing in this section shall prevent the party against whom the
Mamlatdar‟s decision is passed from recovering by a suit in a competent Civil Court
mesne profits for the time he has been kept out of possession of any property or out of
enjoyment of any use or the cost of removing the impediment, refuse or encroachment:
Provided, further, that in any subsequent suit or other proceeding in any Civil Court
between the same parties, or other persons claiming under them the Mamlatdar‟s decision
respecting the possession of any property or the enjoyment of any use or right or
respecting the title to or valuation of any crop dealt with under the proviso to sub-section
(1) of section 20, shall not be held to be conclusive. - Collector’s powers of revision.— (1) subject to the provisions of sub-section (2)
every order passed by a Mamlatdar under this Act, shall be final.
(2) The Collector may, his own motion or on an application made by the aggrieved
party, or on a direction by Government call for and examine the record of any suit or
proceeding under this Act, and if he considers that any proceeding, finding or order in
such suit is illegal or improper, may, after due notice to the parties, pass such order
thereon, not inconsistent with this Act, as he thinks fit:
Provided that no record shall be called for after the expiry of sixty days from the date
of the order, unless an application for that purpose, or a direction to that effect has been
received by the Collector within the aforesaid period.
(3) Government may, by notification in the Official Gazette, authorise any officer not
below the rank of a Deputy Collector to exercise all the powers of the Collector under this
section.
(4) When the Collector, or any officer authorised under sub-section (3), takes any
proceedings under this section he shall be deemed to be a Court under this Act.
1
[(5) While taking proceedings under this section if the Collector, or any officer
authorized under sub-section (3), is of the opinion that it is necessary to take such
additional evidence he may remand the case for disposal with such direction as he deems
fit.]. - Punishment for verification of false plaint.— Any plaintiff subscribing and
verifying any plaint under this Act which he either knows or believes to be false, or does
not believe to be true, in any material point, shall be deemed to have committed an
offence punishable under section 193 of the Indian Penal Code. - Bar of certain suits.— No, suit shall lie under this Act—
(a) against Government or against any Government officer in respect of any act done
or purporting to be done by any such officer in his official capacity, except where acting
as a manager or guardian duly constituted under any law for the time being in force; or
(b) in respect of any removal of any impediment or refuse or of any dispossession,
recovery of possession or disturbance of possession, that has been the subject of previous
proceedings, to which the plaintiff or his predecessor in interest was a party, under this
Act, or in a Civil Court, or under Chapter XII of the Code of Criminal Procedure, 1898
(V of 1898). - Authority to confer additional power.— Government may, by notification in the
Official Gazette, invest a Mamlatdar with such powers of a Civil Court as may be
specified, for the purposes of this Act. - Power to make rules.— (1) Government may, by notification in the Official
Gazette, make rules generally to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power such
rules may provide for all or any of the following matters, namely:—
(a) the mode of issue and service of a summons or notice under this Act;
(b) the execution of orders and warrants issued by a Mamlatdar‟s Court;
(c) the payment of costs incurred in procuring the attendance of witnesses;
(d) the scale of costs to be awarded to the successful party;
(e) 2
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(f) the books, registers and accounts to be maintained and the returns to be
submitted by the Mamlatdar;
(g) any other matter which has to be or may be prescribed.
(3) All rules made under this Act shall be laid on the table of the Legislative Assembly
after they are made and shall be subject to such modifications as the Assembly may make
during the session in which they are so laid or the session immediately following. - Government’s power to give directions.— (1) Government shall have powers to
issue directions or orders to the Mamlatdar and the Collector to give effect to the
provisions of this Act and the rules made thereunder.
(2) Without prejudice to the generality of the foregoing, Government may
(a) call for returns;
(b) direct the transfer at any stage of any suit or proceeding from one Mamlatdar‟s
Court to another Mamlatdar‟s Court in the same district;
(c) issue such general directions and provide for regulating the practice and
procedure of Mamlatdars‟ Courts. - Bar on appearance by Pleaders.— Notwithstanding anything contained in this
Act or any law for the time being in force, no pleader shall be entitled to appear on behalf
of any party in any proceedings under this Act before the Mamlatdar:
Provided that the Mamlatdar may, in the interests of justice and for reasons to be
recorded in writing, allow the parties to be represented at their own cost by a pleader:
Provided further that pleader’s fees shall not be allowed as part of the costs in any such
proceedings:
Provided also that if any officer of Government is appointed or declared by a
competent court or is authorised under any law for the time being in force as a guardian,
administrator or manager of the property of a person who is under a legal disability or is
incompetent or unable to manage or to act, such officer shall be entitled to appear through
a representative authorised by him in writing in this behalf in any proceedings before the
Mamlatdar.
Explanation:— For the purpose of this section the expression “pleader” includes an
advocate, attorney, vakil or any other legal practitioner and does not include a
representative of Farmers Organisation. - Power to remove difficulties.— If any difficulty arises in giving effect to the
provisions of this Act, Government may, by order as occasion requires, do anything (not
inconsistent with this Act) which appears to it to be necessary for removing the difficulty.
Secretariat, P. B. VENKATASUBRAMANIAN,
Panjim, Secretary to the Government of Goa,
November 7, 1966. Daman and Diu.
1Inserted by the Amendment Act No. 17 of 1975.
2 Deleted by the Amendment Act No. 1 of 1973.
