Amendment status not verified — confirm the current text below against the official source.
Penalty under section 25 for the recovery of rent in contravention of the provisions of section 23 or 24.— Any landlord who recovers rent from his tenant in contravention of the provisions of section 23 or 24 shall be liable to pay by way of penalty to the tenant a sum of money not exceeding twice the excess amount of rent recovered by the landlord from such tenant, the actual penalty being such amount as the Mamlatdar may determine, having regard to all the circumstances of the case. 2 Sub rule (14) inserted by (Amendment) Rules, 2000 (O. G. Series I, No. 8 dated 25-5-2000). Manual of Goa Laws (Vol. I) – 294 – Agricultural Tenancy Act & Rules 3[12A. The conditions and the manner in which contributions towards the cost of repairs to bunds shall be made by Government.— (1) The contribution towards the cost of repairs to breaches in the bunds protecting a khazan or kher land, payable under the proviso to sub-section (3) of section 26 may be paid by the Government if the following conditions are satisfied: (a) The bund protecting the khazan or kher land is notified by Government under the proviso to sub-section (3) of section 26 as a protective bund;] 4[(b)*] 5[(c) The Director of Agriculture, Goa, Daman and Diu, Panaji or the Head of the Government Department in charge of Soil Conservation certifies that the repairs have been carried out satisfactorily; (d) The Director of Agriculture, Goa, Daman and Diu, Panaji or the Head of the Government Department in charge of Soil Conservation certifies the cost of repairs;]. 6[(1A) The Government’s contribution towards the cost of repairs to breaches in the protective bunds shall be to the extent of fifty percent of the cost of repairs subject to the maximum of 7[6,000/-] per hectare of the protected area]. (2) For the purpose of getting the contribution from the Government towards the cost of repairs to breaches in the bund under the proviso to sub-section (3) of section 26, the person, group of persons or Co-operative Society, which has undertaken the work of repairs to breaches in the bund, shall submit an application to the Mamlatdar stating therein: i) the name and address of the applicants; ii) the name, if any, and the location of the bund; iii) the total area of the lands benefitted by the bund; iv) the names and addresses, of the persons, if any, other than the applicants, who have contributed to the cost of repairs to breaches in the bund; v) the total length of the bund which was repaired; vi) the date on which the work of repairs was commenced and the date on which it was completed; vii) brief description of the work done and the materials, if any, used for the repairs; 3 Rule 12A. inserted vide (Fifth Amendment) Rules 1968 published in O.G. Series I No. 28 dtd. 10-10-1968. 4 Original Clause (b) substituted by Amendment Rules 1974, subsequently by xth Amendment Rules 1976 same has been omitted. 5 Sub-clauses (c) and (d) have been substituted by Seventh Amendment Rules, 1970 (Government Gazette, Series I No. 7 dated 14-5-1970). 6 Inserted by Tenth Amendment Rules, 1975 (Official Gazette, Series I No. 41 dated 8-1-1976). 7 These figures have been substituted for the figures “3.000” by Amendment Rules, 1992 [Official Gazette, Series I No. 15 dated 13-7-1992 (Extraordinary 4)] Earlier they have been amended by Amendment Rules, 1981 O. G. Series I No. 10 dated 4-6-1984. Manual of Goa Laws (Vol. I) – 295 – Agricultural Tenancy Act & Rules viii) the name and address of the contractor, if any, who did the work of repairs and the amount paid to him; ix) the total cost of repairs to breaches in the bund; x) the cost per hectare of the land benefitted by the work of repairs. 8[(3) The application under sub-rule (2) should be accompanied by the following documents; i) A certificate from the Director of Agriculture, Goa, Daman and Diu, Panaji or the Head of the Government Department in charge of Soil Conservation certifying the cost of repairs, and ii) A certificate from the Director of Agriculture, Goa, Daman and Diu, Panaji or the Head of the Government Department in charge of Soil Conservation certifying that the work of repairs has been done satisfactorily.] (4) On receipt of the application, the Mamlatdar shall issue a public notice in Form X-A and invite the person (s) interested in the bund or the lands benefitted by the repairs to the land, to submit to him within thirty days from the date of publication of the public notice, objections if any, to the payment by Government under the proviso to sub-section (3) of section 26, of a part of the cost of the repairs to breaches in the bund, to the applicants. (5) The Public notice shall be published on the notice board in the offices of the Mamlatdar and the Village Panchayat concerned and also affixed at a prominent place on the bund or the lands benefitted by the bund. (6) After the expiry of the period of thirty days, referred to in sub-rule (5), the Mamlatdar shall consider the objections, if any, received by him and after holding such enquiry as he deems necessary, certify— i) the person (s) or Co-operative Society which has/have undertaken the work of repairs to breaches in the bund; ii) the total cost of repairs; iii) the amount of contribution towards the cost of repairs which is payable by Government under the proviso to sub-section (3) of section 26; iv) the names and addresses of persons to whom the payment is to be made; 9[and send the proceedings along with the certificate to the Director of Agriculture, Goa, Daman and Diu, Panaji or the Head of the Government Department in charge of Soil Conservation for making payment of the contribution by Government]. 8 Substituted by Seventh Amendment Rules, 1970 (Official Gazette, Series I No. 7 dated 14-5-1970). 9 These words have been substituted by Seventh Amendment Rules, 1970 published in the Government Gazette, Series I No. 7 dated 14-5-2970. Manual of Goa Laws (Vol. I) – 296 – Agricultural Tenancy Act & Rules (7) On receipt of the proceedings and the certificate, 10[the Director of Agriculture, Goa, Daman and Diu, Panaji, or the Head of the Government Department in charge of Soil Conservation] shall arrange to pay the amount of the contribution to the recipients mentioned in the certificate. (8) Where the work of repairs to breaches in a bund is entrusted by the Mamlatdar under sub-section (3A) of section 26 (3) 11[to the Director of Agriculture of the Government of Goa, Daman and Diu, Panaji or the Head of the Government Department in charge of Soil Conservation shall] after the work is completed, send to the Mamlatdar a certificate giving therein— i) the name, if any, and the location of the bund; ii) the particulars of the lands benefitted by the bund; iii) the total cost of repairs to breaches in the bund; and iv) such other infomation as he deems necessary. iii) the total cost of repairs to breaches in the bund; and iv) such other information as he deems necessary. (9) On receipt of a certificate, the Mamlatdar shall decide the total amount of contribution payable by Government under the proviso to sub-section (3) of section 26 and the balance amount of cost of repairs of breaches in bund, which is payable by the persons benefitted by the work of repairs 12[to the Director of Agriculture, Goa, Daman and Diu, Panaji or the Head of the Government Department in charge of Soil Conservation.] (10) The balance amount of the cost of repairs determined under sub-rule (9) shall be distributed by the Mamlatdar over all the lands benefitted by the repairs to breaches in the bund, in proportion to the area of land held in actual possession by each person, whether as owner or tenant. The amount so distributed on a land shall be payable as follows: (a) where the land is in actual possession of a landowner, the entire amount payable in respect of the land shall be payable by the landowner; b) where the land is in actual possession of a tenant, the tenant shall be liable to pay five-sixths of the amount payable in respect of the land and the landlord shall be liable to pay the balance amount of one-sixth. (11) The amount payable by a landowner, landlord or tenant shall be recovered by the Mamlatdar in ten equal or nearly equal annual instalments. The first instalment shall be paid before the 31st December of the year in which crops are raised for the first time after the completion of the work of repairs. The subsequent instalments shall be recovered before the 31st December of the year following. (12) Interest at the rate of six per cent per annum shall be payable on the installment paid after the period specified in sub-rule (11). 10 Substituted by Seventh Amendment Rules, 1970. 11 These words have been substituted by Seventh (Amendment) Rules, 1970 published in the Government Gazette, Series I No. 7 dated 14-5-1970. 12 These words have been substituted by Seventh (Amendment) Rules, 1970 published in the Government Gazette, Series I No. 7 dated 14-5-1970. Manual of Goa Laws (Vol. I) – 297 – Agricultural Tenancy Act & Rules 13[(13) The duties being discharged by the Mamlatdar, other than those cases in which recovery aspects are to be processed through the Mamlatdars, may also be discharged by the Director of Agriculture, Government of Goa, Daman and Diu or the Head of the Government Department-in-charge of the Soil Conservation Division].