Amendment status not verified — confirm the current text below against the official source.
Court fees.— (1) Every application made to the Mamlatdar or Tribunal under the Act shall bear Court fee stamps of sixty five paisa and every memorandum of an appeal 16 Rule 22 was deleted by Second Amendment Rules, 1966 published in the Government Gazette, Series I No. 27 dated 6-10-1966. Manual of Goa Laws (Vol. I) – 301 – Agricultural Tenancy Act & Rules or an application under the Act made to the Collector, or every memorandum of an appeal made to the Tribunal shall bear Court fee stamps of two rupees. 17[(1A) Every appeal or revision application made to the 18[Administrative Tribunal] under the Act shall bear a Court Fee Stamp of Rs. 5]; (2) Every application made under the Act to the Collector or the Tribunal 19[or the Administrative Tribunal] for the stay of the execution of any Award or Order against which an appeal or application is made shall bear Court fee stamps of sixty five paisa: Provided that when an application or appeal is made by a member of a scheduled caste, specified in Part III of the schedule to the Constitution (Scheduled Castes) Order, 1950 or of a scheduled tribe specified in Part III of the Schedule to the Constitution (Scheduled Tribes) Order, 1950 living in an area, notified by Government as backward area, the value of the Court fee stamps payable shall be fifty paise in lieu of sixty five paise, one rupee in lieu of two rupees 20[and two rupees and fifty paise in lieu of five rupees] respectively mentioned above. 21[24. The Tribunal shall in any application, appeal or other proceeding filed before it have all the powers which are vested in a Civil Court under the Code of Civil Procedure 1908]. 17 Inserted by Fourth Amendment Rules, 1966 (Government Gazette, Series I No. 28 dated 13-10-1967). 18 These words were substituted for the word “Government” by Sixth Amendment Rules, 1969 (Government Gazette, Series I No. 34 dated 20-11-1969). 19 These words were substituted for the word “Government” was earlier inserted by Fourth Amendment Rules, 1966. 20 Inserted by Fourth Amendment Rules, 1966 (Government Gazette, Series I No. 28 dated 13-10-1967). 21 Rule-24 was inserted by First Amendment Rule, 1966 thereafter substituted by Third Amendment Rules, 1966 (Government Gazette, Series I No. 18 dated 3-8-1967). Manual of Goa Laws (Vol. I) – 302 – Agricultural Tenancy Act & Rules FORM I (See Rule 4) Application for recovery of arrears of rent under section 12(2) of the Goa, Daman and Diu Agricultural Tenancy Act, 1964. To The Mamlatdar of ............ Name of the applicant ......... Age ........ Profession ...........Place of residence...... Name of the opponent........ Age ......... Profession ........ place of residence ........ Sir, I do hereby state that I am the landlord and the opponent is my tenant in respect of the following lands. Taluka Village Survey description Assessment The opponent is in arrears of the rent from the following years. Year Rent payable Rent actually Rent in arrears received so far The total rent in arrears with the opponent for the above years is ... I request you to direct the opponent that above said arrears of rent together with the cost of the proceedings should be paid to me within the stipulated time under section 12 of the Goa, Daman and Diu Agricultural Tenancy Act, 1964. I enclose the following documents. (Here give a list of documents ) 1... 2... 3... 4... may be summoned The following are my witnesses, They will be produced to attend on the day of the hearing. Place... Date... Place… Yours faithfully, Signature of applicant ________ Manual of Goa Laws (Vol. I) – 303 – Agricultural Tenancy Act & Rules 22FORM I-A (See Rule 5-A) Address: Date: Notice under section 13-A(1) of the Goa, Daman and Diu Agricultural Tenancy Act To, Shri/Shrimati Sir/Madam I am the landlord of the land described below which is being cultivated by you as tenant: Description of the land Name of the Name of field Survey number, if any Boundaries Area Village I intend to sell this land for Rs...... As you are the tenant cultivating the aforesaid land you have the right of first purchase under sub-section (1) of section 13-A of the Goa, Daman and Diu Agricultural Tenancy Act, 1964. In pursuance of the provisions of sub-section (1) of section 13-A of the said Act, I hereby give notice to you to state within ninety days of the receipt of this notice by you, whether you are willing to buy the aforesaid land from me at the aforesaid price of Rs... You should convey your willingness to buy the land in writing in the manner prescribed under Rule 5A(2) of the Goa, Daman and Diu Agricultural Tenancy Rules, 1965. If you fail to do so, I shall be free to sell the said land to any one at a price not lesser than the specified price. If you feel that the price quoted by me is excessive, it is open to you to apply to the Collector under sub-section (3) of section 13-A of the said Act, in the manner prescribed in Rule 5B of the said Rules for determining the price of the said land. Yours faithfully, Signature of the landlord Copy forwarded with compliments to the Mamlatdar of.… for infomation. ________ 22 Form I-A, IB & IC Inserted by Sixth Amendment Rules, 1969. (Government Gazette, Series I No. 34 dated 20-11-1969). Manual of Goa Laws (Vol. I) – 304 – Agricultural Tenancy Act & Rules FORM I-B (See Rule 5-A) Address: Date: To Shri/Smt. Sir/Madam I am in receipt of your notice dated … which was received by me on …. and I ……………….... *hereby convey my rediness to purchase the land specified in the aforesaid notice at the price of Rs. ….. as specified by you: ……*hereby convey my readiness to purchase the land specified in the aforesaid notice. However, as I find that the price of Rs. …. specified by you for the land. am applying The Collector of Goa Is excessive, I ……………………. To …………………….. Sub-division under sub-section (3) Have applied Deputy Collector of section 13-A of the Goa, Daman and Diu Agricultural Tenancy Act, 1964 for determining the price of the land. Yours faithfully, Signature of the tenant Copy forwarded with compliments to the Mamlatdar of …. for information. *Strike out the para which is not applicable. ________ FORM I-C [See Rule 5-B(1)] To, The Collector of …………. Name of the applicant …… Age …… Address ………. Name of the opponent …… Age ………. Address ……. Sir, I am the tenant and the opponent is the landlord of the following land : Taluka Village Name of field Survey No., if any Boundaries The opponent has served on me on …………... a notice under sub-section (1) of section 13-A of the Goa, Daman and Diu Agricultural Tenancy Act, 1964, intimating his intention to sell the aforesaid land for Rs………… I am willing to pay the land,— However, I consider the price of the land quoted by the landlord to be excessive for the following reasons:— (Here mention briefly the reasons why the price is excessive). I, therefore hereby apply to you under sub-section (3) of section 13-A of the said Act to determine the price of the said land. Yours faithfully, Signature of the Applicant Manual of Goa Laws (Vol. I) – 305 – Agricultural Tenancy Act & Rules FORM II (See Rule 6) Certificate of transfer under section 17 (5) of the Goa, Daman and Diu Agricultural Tenancy Act, 1964. Whereas Shri ... is in occupation of the house site, specified below belonging to Shri …. and whereas, under the provisions of sub-section (5) of section 17 of the Goa, Daman and Diu Agricultural Tenancy Act, 1964 the tribunal, having determined the market value of the site, required the above said Shri .. to deposit an amount of Rs. .. (in words) ……... for the transfer of the said site to him and whereas he has deposited the above said amount. It is hereby certified that the said site shall be deemed to have been transferred to Shri…. Under the provision of sub-section (5) of section 17 of the said Act. Description of the house site Taluka Village Survey description Area Boundaries Place …… Date ….. Chairman of the Tribunal ________ FORM III (See Rule 6) Certificate of transfer under section 17 (6) of the Goa, Daman and Diu Agricultural Tenancy Act, 1964. Whereas Shri ... is in occupation of the house site, specified below belonging to Shri ... and whereas, under the provisions of sub-section (6) of section 17 of the The former ……….…….. has Goa, Daman and Diu Agricultural Tenancy Act, 1964 the later ………….………. both have jointly applied to the Tribunal for a certificate; and whereas, the value of the land has been agreed to between them at Rs. ….. (in words) ….. and has been paid by the said Shri ….. to Shri ….. It is hereby certified that the said site shall be deemed to have been transferred to Shri... under the provisions of sub-section (6) of section 17 of the said Act and the value agreed upon shall be deemed to be the market value determined by the Tribunal for the purpose of sub-section (5) of section 17 of the said Act. Description of the house site Taluka Village Survey description Area Boundaries Place ........................ Date .......................... Chairman of the Tribunal Manual of Goa Laws (Vol. I) – 306 – Agricultural Tenancy Act & Rules FORM IV (See Rule 7) Application for possession under section 18 of the Goa, Daman and Diu Agricultural Tenancy Act, 1964 To The Mamlatdar of ............. Name of the applicant ............. Age ....... Profession ........ Place of residence ....... Name of the opponent ....... Age ….. Profession ...... Place of residence ....... Sir, I do hereby state that I am entitled to the possession in the property the following circumstances: Taluka Village Survey description Area Assessment Name of landlord Rs. Ps. (Here state the circumstances in full including the date from which the right to obtain possession occurred). The property is at present in the possession of the opponent. I apply that possession of the property be handed over to me at an early date. (In case of persons governed by section 8). I agree to become a tenant on the same terms and conditions, as existed before my eviction and as modified the provisions of the Goa, Daman and Diu Agricultural Tenancy Act, 1964 and to pay to the landlord the arrears of rent, if any due from me under the terms of my tenancy or give sufficient security therefor. I enclose the following documents: (Here give a list of documents) 1... 2 ... 3... 4 ... may be summoned The following are my witnesses. They_________________________ to attend on the day of the hearing. will be produced Place .......... Yours faithfully, Date .......... Signature of the landlord ________ Manual of Goa Laws (Vol. I) – 307 – Agricultural Tenancy Act & Rules FORM V (See Rule 9) Application for apportionment of rent under section 29(9) of the Goa, Daman and Diu Agricultural Tenancy Act, 1964 To The Mamlatdar of ……… Name of applicant ……… Age ….. Profession ……….... Place of residence ……… Name of opponent ………. Age ……. Profession ………… Place of residence ……. Sir, I am the landlord of the following lands: Taluka Village Survey description Area Assessment The opponent was the tenant of these lands and was paying the following rent for these lands: (Here give details of rent) I have terminated his tenancy in respect of the following lands under section 20 and obtained their possession under an order of the Mamlatdar under section 18(2) Taluka Village Survey description Area Assessment The opponent has thus now in his possession the following of my lands— Taluka Village Survey description Area Assessment I am prepared to accept the following rent for the above land remaining in his Possession. (Here give the rent acceptable) I request you to apportion the rent payable for the above land in his possession. I enclose the following documents– (Here give a list of documents). may be summoned The following are my witnesses. They …………………… to attend on the day of the hearing. will be produced Place .......... Yours faithfully, Date .......... Signature of the landlord ________ Manual of Goa Laws (Vol. I) – 308 – Agricultural Tenancy Act & Rules FORM VI (Rule 10) Notice to be issued to the opponent under Sub-Rule (7) of Rule 10 of the Goa, Daman and Diu Agricultural Tenancy Rules, 1965 (Seal of the Court) No. of the case ….. In the Court of the Mamlatdar of ... Applicant Opponent To Opponent (name, age, profession and place of residence) Whereas here enter the name, age, profession and place of residence of the applicant) has made an application in the Court against you, a copy of which is attached hereto. You are hereby summoned to appear in this Court at the Village of ….. in person or by duly authorized agent on the ….. day of ….. at …..O’clock to answer the above named applicant and as the application will be finally disposed of on that day, you must adopt measures to produce your documents and procure the attendance of your witnesses at the hour and place above-fixed; and you are hereby required to take notice that in default of such appearance at the above mentioned time and place the case will be heard and determined in the absence of yourself and your agent. Give under my hand and the seal of the Court. Dated this …. Day of…. 19….. Mamlatdar Note:— If you require your witnesses to be summoned by the Court, you should make an application to that effect to the Court without delay, so as to allow of the service of the summons a reasonable time before the within mentioned date. ________ FORM VII (Rule 10) Summons to be issued to a witness under Sub-Rule (8) of Rule 10 of the Goa, Daman and Diu Agricultural Tenancy Rules, 1965 (Seal of the Court) No. of the case ... In the Court of the Mamlatdar of ... Applicant Opponent of To (Name, age, profession and place of residence of witness) Whereas (here enter the name, age, profession and place of residence of the applicant) has made an application in this Court against (here enter the name, age, profession and place of residence of the opponent). Manual of Goa Laws (Vol. I) – 309 – Agricultural Tenancy Act & Rules (Here state the particulars of the application) and whereas your attendance is required to give evidence in the above case. You are hereby summoned to appear in this Court at the Village of ..... in person on the day ...of ... at ... o’clock to give your evidence and to bring with you (here give the name of the document(s), the witness is required to produce). You are hereby required to take notice that in default of such appearance at the above mentioned time and place without reasonable excuse, you shall be subject to the consequences of non-attendance laid down in Rule 2 of order XVI of the Code of Civil Procedure, 1908. Given under my hand and the seal of the Court. Dated this ... day of ... 19... Mamlatdar Note:- If you are summoned only to produce a document and not to give evidence you shall be deemed to have complied with the summons, if you cause the document to be produced as aforesaid. ________ FORM VIII (Rule 10) Warrant of arrest to be issued in respect of a witness under Sub-Rule (8) of Rule 10 of the Goa, Daman and Diu Agricultural Tenancy Rules, 1965 (Seal of the Court) No. of the case ... In the Court of the Mamlatdar of ............ Applicant Opponent To Whereas (here give the name, age, profession and place of residence of the witness) has failed to appear in the Court in obedience to the summons issued by this Court, which summons were duly served on him, and no reasonable excuse for such failure has been offered by him, you are hereby ordered to arrest the said ... and to produce him before this Court on or before ........ Given under my hand and the seal of the Court. Dated this ... day of ... 19 ... Mamlatdar Note:- If the said ... gives a personal bond of Rs ... with one surety for the like amount to attend before this Court on the ... day of ...19 ... he may be released forthwith. Mamlatdar Dated ......... _________ Manual of Goa Laws (Vol. I) – 310 – Agricultural Tenancy Act & Rules FORM IX (Rule 10) Notice to be issued under Sub-Rule (9) of Rule 10 of the Goa, Daman and Diu Agricultural Tenancy Rules, 1965 (Seal of the Court) No. of the case ... In the Court of the Mamlatdar of ....... Applicant Opponent To The applicant or opponent as the case may be. Whereas in the case above specified instituted in this Court the Court ordered on the …... day of applicant ...... that ......... and the ———— has, on the day of ….. applied to this Court to rehear the case, on opponent the grounds specified in the application a copy of which is attached. This is to give you notice that the said application will be heard and determined on the day of ... at ... o’clock at the village of ... and you are hereby required to take notice that in default of your appearance personally or by agent at the said time and place, the application will be heard and determined in your absence and if granted, a time and place for rehearing the case will then be fixed. Given under my hand and the seal of the Court. Dated this ..... day of ..... 19.... Mamlatdar FORM X (See Rule 13) Form of receipt Taluka Village Survey description of the field Area Name of the field, if any Name of the tenant Rent payable Rent actually recovered Total rent recovered during the year Taluka Village Survey description of the field Area Name of the field Name of the tenant, if any Rent payable Rent actually recovered Total rent recovered during the year 1 2 3 4 5 6 7 8 9 1 2 3 4 5 6 7 8 9 For the current year..... For the current year ....... For the arrears ..... For the arrears ...... Received today the rent specified Received today the rent specified in Col. 8 from Shri ..... in Col. 8 from Shri ..... Signature of landlord Signature of landlord or or his authorised agent. his authorised agent. Signature or thumb mark of tenant or his authorised agent. Manual of Goa Laws (Vol. I) – 311 – Agricultural Tenancy Act & Rules FORM X-A [See Rule 12A(3)] Public Notice Whereas the person(s)/Co-operative Society mentioned below has/have submitted to me an application under sub-rule (2) of Rule 12-A of the Goa, Daman and Diu Agricultural Tenancy Rules, 1965, for the purpose of getting from the Government under the proviso to sub-section (3) of section 26 of the Goa, Daman and Diu Agricultural Tenancy Act, 1964, the contribution towards the cost of repairs to breaches in the bunds specified in the schedule hereto: (here specify the names of the applicants) And whereas it has been stated by them in the said application that the total cost of repairs to the aforesaid bund which was undertaken by them during the period from .......... to ......... was Rs...... and that the same has been paid for by the applicants and the following persons: (here specify the names of persons other than the applicants who have paid towards the cost of repairs). Now, therefore, I, Mamlatdar of ............ hereby call upon all persons who are interested in the said bund and the lands benefitted by the said repairs to the bund to inform me in writing before ..... whether they have any objection to the Government making any payment to applicants of the contribution which the Government may decide to pay under the proviso to sub-section (3) of section 26 of the said Act. SCHEDULE Name of bund Names of the fields benefitted by the ... repairs to the bund. Place: Date: Mamlatdar of .......... ________ 23FORM XI (See Rule 14) Application for determination of compensation under section 32(1) of the Goa, Daman and Diu Agricultural Tenancy Act, 1964 To The Chairman of the Tribunal .... Name of the applicant ... Age ... Profession ... Place of residence ... Name of the opponent ... Age ... Profession ... Place of residence ... Sir, I am the tenant and the opponent is the landlord of the following land... Taluka Village Survey description Area Assessment 23 Inserted by Fifth Amendment. Manual of Goa Laws (Vol. I) – 312 – Agricultural Tenancy Act & Rules My tenancy has been terminated by the landlord under the provisions of the Goa, Daman and Diu Agricultural Tenancy Act, 1964. I have made the following improvements on the said land. (Here give details of the improvements made) I request that improvements made by me and their value should be ascertained and the compensation payable by the opponent for these improvements assessed and paid to me. I enclosed the following documents (Here give a list of documents) 1 …… 2 …… 3 …… 4 …… may be summoned The following are my witnesses. They ——————— to attend on the day of the hearing. will be produced Yours faithfully, Signature of the applicant. __________ FORM XII (See Rule 17) Application to the Mamlatdar for construction of water course under section 30(1) of the Goa, Daman and Diu Agricultural Tenancy Act, 1964 To The Mamlatdar of ………………….….... Name of the applicant ………………..….. Age ... Profession ....... Place of residence ... Name of the opponent ... Age ... Profession ... Place of residence ... Sir, I am the holder of the following lands:- Taluka Village Survey description Assessment Name of landlord I am entitled to take water for cultivating my land from the following source of water. (Here give the particulars of the source of water) For taking this water it is necessary to construct a water course through the following land which is in the possession of or belong to the opponent. Manual of Goa Laws (Vol. I) – 313 – Agricultural Tenancy Act & Rules Taluka Village Survey description Assessment Name of landlord The construction of the water course is necessary for the full and efficient use of my land for agriculture. I enclose the following documents— (Here give a list of documents) I, therefore, request that the opponent may be directed to permit me to construct the water course through the said land. Place …. Yours faithfully, Date …. Signature of the applicant. __________ FORM XIII (See Rule 18) Agreement for constructing a water course under section 39 of the Goa, Daman and Diu Agricultural Tenancy Act, 1964 This agreement made the …… day of……. one thousand nine hundred and between Shri ... (hereinafter called the “Applicant”), (which expression shall unless the context does not so admit, include the heirs, executors, administrators and assigns) of the one part and Shri ... of ... (hereinafter called the “neighbouring holder”) (which expression shall, unless the context does not so admit, include his heirs, executors, administrators and assigns) of the other part. in possession of Whereas the lands described in the First Schedule hereto is ___________ the applicant. belongs to And whereas the applicant desires to construct water course through the land described in the in possession of Second Schedule hereto and is —————— the neighbouring holder for the purpose of taking belongs to water for cultivating the applicant’s said land. And whereas the applicant applied to the Mamlatdar of ……. under sub-section (1) of section 39 of the Goa, Daman and Diu Agricultural Tenancy Act, 1964 for permission to construct such water course. And whereas by an order dated the ... made under the said section (copy of which is set out in the Third Schedule here under-written) the Mamlatdar has decided that. (1) The neighbouring holder shall permit the applicant to construct water course through the neighbouring holder's said land on the conditions specified in the said order and (2) The applicant shall pay to the neighbouring holder (i) Rs. ... as compensation for damage caused to the neighbouring holders said land by reason of construction of water course injuriously affecting such land and Manual of Goa Laws (Vol. I) – 314 – Agricultural Tenancy Act & Rules (ii) Rs...... as annual rent. And whereas it is provided in clause (vi) of sub-section (2) of section 39 of the said Act read with Rule 18 of Goa, Daman and Diu Agricultural Tenancy Rules, 1965 that the applicant shall execute an agreement in favour of the neighbouring holder within three months of the Mamlatdar's said order. Now, therefore, the applicant doth hereby agree that he shall duly and punctually pay to the neighbouring holder the said compensation and annual rent on the date on which the same become due and payable under the said order and shall duly observe and perform all other conditions specified in the Mamlatdar's said order. In witness whereof Shri ..... has set his hand hereto the day and year first above written. Signed and delivered by in the presence of