Bare ActsThe Daman (Abolition of Proprietorship of Villages) Regulation, 1962

Section 8

Rights of proprietors and cultivating tenants to hold land as occupants

Amendment status not verified — confirm the current text below against the official source.

Rights of proprietors and cultivating tenants to hold land as occupants.— (1) Every cultivating tenant holding land of which he was in actual possession on the 20th December, 1961, 8[but excluding pasture or grass lands] shall, as from the appointed date, be the occupant thereof on payment of land revenue to the Government under section 6. (2) Every proprietor holding land which he was personally cultivating on the 20th December, 1961, and in respect of which,— (a) no application has been made under section 7; or (b) such application having been made, no order of restoration thereon was passed, shall hold such land as occupant on payment of land revenue to the Government under section 6— (i) in the case referred to in clause (a), from the 1st January, 1963; and 8 Inserted by Daman (Abolition of Proprietorship of Villages) Regulation (Amendment) Act, 1968 (Act No. 11 of 1968). Manual of Goa Laws (Vol. II) – 9 – Daman (Abolition of Proprietorship of Villages Regulation (ii) in the case referred to in clause (b), from the date such application is finally disposed of. (3) Every person to whom any land is restored under section 7 shall hold such land as occupant on payment of land revenue to the Government under section 6 from the date such land is ordered to be restored to him under section 7. 9[8-A. Eviction of occupants of land in certain cases.— (1) If at any time after the commencement of the Regulation any person who has become an occupant of land under section 8 fails to cultivate such land personally, he shall, unless the Collector condones such failure for sufficient reasons, be evicted from the land which he has failed to cultivate personally, and the land shall be resumed to Government without payment of any compensation. (2) The provisions of sub-section (1) shall apply to the heirs and successors-in-title of the person referred to in sub-section (1). 8-B. Restrictions on sale, etc., of land by occupants.— No sale (including sales in execution of a decree of a Civil Court or for recovery of arrears of land revenue), gift, exchange or lease or assignment or mortgage of any land in respect of which any person has become an occupant under section 8 shall be made, except with the previous permission in writing of the Collector, who may grant such permission in such circumstances and subject to such conditions as may be prescribed. 8-C. Forfeiture of land transferred in contravention of section 8-B.— (1) Where in respect of the transfer of any land the Mamlatdar suo motu, or on the application of any person interested in such land, has reason to believe that such transfer is in contravention of section 8-B, he shall issue notice to the transferor and the transferee to show cause why the transfer should not be declared to be in contravention of section 8-B, and shall hold an inquiry and decide whether the transfer is in contravention of section 8-B. (2) If after holding such inquiry the Mamlatdar declares the transfer to be in contravention of section 8-B, the land on respect of which such contravention has taken place shall be deemed to be forfeited to Government without payment of any compensation.].

Section 8 – The Daman (Abolition of Proprietorship of Villages) Regulation, 1962 | DailyLaw.ai