Amendment status not verified — confirm the current text below against the official source.
Proprietors to deliver records to authorised officers.— (1) Whenever any officer authorised by the Collector in this behalf so directs, a proprietor shall deliver to him or such other officer as may be specified in the direction, the records relating to the lands or village or villages held by him as proprietor. (2) If a proprietor fails without reasonable cause to deliver any such records, he shall, on conviction, be punished with fine which may extend to two hundred rupees. In the case of continuing failure to deliver any such records, the proprietor shall be punished with an additional fine which may extend to twenty-five rupees for every day during which such failure continues after conviction for the first such failure. 10[12-A. Mamlatdar to decide certain matters arising under the Regulation.— For the purpose of the Regulation, the following shall be the duties and functions to be performed by the Mamlatdar, namely:— (a) to decide whether a person is a proprietor; (b) to decide whether a person is an agricultural labourer; (c) to decide whether a person is a cultivating tenant; (d) to decide whether a person is a landless person; 10Section 12-A to Section 12-F inserted by Daman (Abolition of Proprietorship of Villages) Regulation (Amendment) Act, 1968 (Act No. 11 of 1968). Manual of Goa Laws (Vol. II) – 11 – Daman (Abolition of Proprietorship of Villages Regulation (e) to decide the amount of rent recoverable from the proprietor under section 3; (f) to decide the homesteads, buildings and structures together with land appurtenant thereto and the lands under personal cultivation which the proprietor is entitled to retain under section 4; (g) to determine the land in respect of which occupancy rights are conferred under section 8 and the person on whom they are conferred; (h) to take measures for restoration of land to the cultivating tenant under section 7 and to recover compensation from the proprietor payable by him under sub-section (3) of section 7; and (i) to decide such other matters as may be referred to him by or under the Regulation. 12-B. Application for conducting inquiries, etc.— Except as expressly provided by or under the Regulation, all inquiries and other proceedings before the Mamlatdar shall be commenced by an application which shall contain the following particulars, namely:— (a) the name, age, profession and place of residence of the applicant and the opponent; (b) a short description of the matter about which dispute has taken place, or the amount of claim, as the case may be; (c) the circumstances out of which the cause of action arose; (d) a list of the applicant’s documents, if any, and of his witnesses, and whether such witnesses are to be summoned to attend or whether the applicant will produce them on the day of hearing; and (e) such other particulars as may be prescribed. 12-C. Powers of Mamlatdar.— (1) In all enquiries and proceedings under the Regulation, the Mamlatdar shall exercise the same powers as the Mamlatdar under the Goa, Daman and Diu Mamlatdar’s Court Act, 1966 (hereinafter referred to as the “said Act”) and shall, except as provided in sub-section (3) of section 7 and section 8-C, follow the provisions of the said Act. (2) In regard to any matter for which no provision exists in the said Act, the Mamlatdar shall follow the procedure as may be prescribed by the Government. (3) Every decision of the Mamlatdar shall be recorded in the form of an order and shall state the reasons for such decisions. (4) An appeal against any order of the Mamlatdar shall be filed within thirty days from the date of that order to the Collector. Manual of Goa Laws (Vol. II) – 12 – Daman (Abolition of Proprietorship of Villages Regulation (5) The decision of the Mamlatdar, when no appeal is filed, and the decision of the Collector, when appeal is filed, shall, subject to revision to be made to the Administrative Tribunal constituted under the Goa, Daman and Diu Administrative Tribunal Act, 1965, within a period of ninety days from the date of the decision of the Collector, be final. 12-D. Revisionary powers of Collector.— When no appeal has been filed within the period provided for it, the Collector may, suo motu or on a reference made by the Government, at any time call for the record of any inquiry or the proceeding of the Mamlatdar for the purpose of satisfying himself as to the legality or propriety of any order passed by, and as to the regularity of the proceeding of, such Mamlatdar and pass such order thereon as he deems fit: Provided that no such record shall be called for after the expiry of one year from the date of such order and no order of such Mamlatdar shall be modified, annulled or reversed, unless opportunity has been given to the interested parties to appear and be heard. 12-E. Fees.— Notwithstanding anything contained in the Court Fees Act, 1870, every application or appeal made under the Regulation shall bear court fee stamp of sixty-five paise if made to the Mamlatdar and of two rupees if made to the Collector or the Administrative Tribunal. 12-F. Bar of jurisdiction of Civil Court.— (1) No Civil Court shall have jurisdiction to settle, decide or deal with any question which is by or under the Regulation required to be settled, decided or dealt with by the Mamlatdar or the Collector. (2) No order of the Mamlatdar or the Collector made under the Regulation shall be questioned in any Civil or Criminal Court.]