Amendment status not verified — confirm the current text below against the official source.
Neighbouring holder entitled to use surplus water on payment of rate.— The neighbouring holder or any person on his behalf shall have the right to the use of any surplus water from the water course on payment of such rates as may be agreed upon between the parties, and on failure of agreement, as may be determined by the Manual of Goa Laws (Vol. I) – 278 – Agricultural Tenancy Act & Rules Mamlatdar. If a dispute arises whether there is or is no surplus water in the water course, it shall be determined by the Mamlatdar, and his decision shall be final. 43[42A. Procedure for regulating the discharge of joint responsibility of tenants.— (1) When under any of the provisions of this Act, the duty and responsibility of any work of conservancy, maintenance or repair of any bund, embankment, ridge, sluice gate or any other work is that of more than one tenant, Government may, by rules regulate the manner in which such duty or responsibility shall be discharged and also the determination and recovery of the share of a tenant of the cost of a work to which he is under an obligation to contribute. (2) Without prejudice to the generality of the foregoing, such rules may provide for — (i) the constitution, functions and organisation of tenants associations for any local area; (ii) the management and regulation of sources of income of the associations such as income from trees on bunds, operation of sluice-gates, fisheries and such other sources of income as may be prescribed; (iii) the termination of the beneficiaries of any work, the apportionment an recovery of the cost of such work from among them; (iv) the manner in which works shall be executed; and (v) the conditions and mode of payment of Government’s contribution. (3) any sum which is payable by a tenant or any other person towards the cost of any such work as is referred to in sub-section (1) shall be recoverable as arrears of land revenue. Explanation:— For the purpose of this section the term “tenant” shall include every person who cultivates the land personally]. CHAPTER VI Tribunal, Procedure and Appeals 44[43. Tribunal.— (1) For the purpose of this Act there shall be a Tribunal consisting of not more than three members, called the Agricultural Lands Tribunal, for such area as the Government may, by notification, from time to time specify. (2) Notwithstanding anything contained in sub-section (1) the Government may appoint any officer not below the rank of a Mamlatdar to be the Agricultural Lands Tribunal and to exercise the powers and to perform the duties and functions of the said Tribunal under this Act in a Taluka or in any other area as may be specified in this behalf. (3) Save as otherwise provided, the qualifications of the members constituting the Tribunal and conditions of service and all other matters relating to the constitution or organisation of the Agricultural Lands Tribunal shall be such as may be prescribed.] 43 Inserted by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1966 (Act No. 10 of 1966). 44 Section substituted by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1968 (Act No. 13 of 1968). Manual of Goa Laws (Vol. I) – 279 – Agricultural Tenancy Act & Rules