Amendment status not verified — confirm the current text below against the official source.
In this lease, the words “the lessee” includes the lessee, his heirs, successors, legal representatives and permitted assigns and the word “Collector” includes the Collector of the District for the time being and any other officer whom Government may appoint to exercise the powers of the Collector under this lease. + To be inserted in case of an Educational Institution or Gymnasium. $ Name of the Educational Institution or Gymnasium, as the case may be to be inserted. Manual of Goa Laws (Vol. II) – 1033 – Land Revenue Code and Rules This lease is executed on behalf of the President of India by and under the hand and seal of the Collector of the . . . . . . . . . . . . . District, this.......... day of......... one thousand nine hundred and................. A.D. (Signed)……………………. Collector In the presence of:- (1) (2) Accepted by me Annexure: Map. ———— FORM ‘III’ (See Rules 17 and 19) Form of Agreement to be executed by persons to whom Land is granted in Occupancy Right under Rule 17 or Rule 19 of the Goa, Daman and Diu Land Revenue (Disposal of Government Land) Rules, 1970 To the Mamlatdar of I, A.B., * inhabitant of....................... in the....................... taluka in the................... district, hereby accept the right of occupation of the land comprised in survey No.............. in the village of............................. in the...................... Taluka..................... District; and I pray, that my name be entered in Government records as the occupant of the said land. The said land has been granted to me in perpetuity from the..................day of............... of 19........., subject to the conditions hereinbelow mentioned and to the provisions of the Goa, Daman and Diu Land Revenue Code, 1968 and of the rules in force thereunder; And I undertake to pay the land revenue from time to time lawfully due in respect of the said land (or I undertake, in the event of the Government discontinuing the exemption of the said land from payment of the land revenue, to pay such land revenue in respect of the said land as may be lawfully imposed thereon under the orders of the Government or as the case may be otherwise). The said land has been granted to me, subject also to the further conditions to which I hereby agree, namely:— (1) I, my heirs, assigns and legal representatives shall,— (a) not mortgage, sell, assign or otherwise transfer the land or any portion thereof except with the previous sanction of the Collector; (b) bring the land under cultivation before the expiry of two years from the date of the grant; * Here write description of grantee in terms of Rule-20. Seal Manual of Goa Laws (Vol. II) – 1034 – Land Revenue Code and Rules (c) pay Rs....... as occupancy price in.............. installments, each installment being payable on or before..................; (2) if I commit a breach of any of the aforesaid conditions, the Collector may resume and take possession of the land granted to me, and I shall be liable to be evicted from the said land; (3) in the event of my eviction from the land under condition (2), the amount of occupancy price, if any, paid by or recovered from me shall be refunded to me. Dated the …………………….. day of ……………….. 19….. at……………….written by ……………… (signed) A.B. We declare that A.B. who has signed this agreement is to our personal knowledge the person he represents himself to be and that he has affixed his signature hereto in our presence. (signed)…………………….. (signed)…………………….. I declare that, to the best of my knowledge and from the best information I have been able after careful enquiry to obtain, the person who has executed this agreement is a fit person to be accepted by the Government as responsible for the punctual payment of the land revenue from time to time due on the above land. (signed)…………………….. Talathi ———— FORM ‘IV’ (See Rule 21) RECLAMATION LEASE THIS INDENTURE MADE THE ...................... day of ....................... 19......... BETWEEN THE PRESIDENT OF INDIA (hereinafter called the Lessor) of the one part, and ……. Inhabitant of ……. (hereinafter called the Lessee) of the other part WITNESSETH that the Lessor does hereby lease unto the lessee all the Salt Marsh Lands situated in the village of...............in the.......... district of............... and in the............ taluka.................. the survey numbers, area and boundaries of which are set forth in Schedule. ‘A’ hereunder written which said Lands were late in the occupation of ................ and are now in the occupation of ..................... and are delineated in the plan attached hereto and signed by the Collector of ................ (hereinafter referred to as the Collector) TO HOLD the said lands unto the lessee for the term of.............. years commencing on the…….. day of …….19……., paying during the said term unto the lessor for the said lands (save such portion as may be appropriated for public roads which portion shall be exempted from such payment) the yearly rents following, that is to say, for the first ten years of the said term, no rent, and for the next 20 years, viz., commencing on the..........day of............19...., and ending on the............. day........... 19......., a yearly sum equal to sixty paise per hectare in such installments on such rates and to such person as may be, from time to time, prescribed and designated by the Collector and for such period if any as shall intervene between the............ day.............of..........19..........and the date of the first settlement of assessment hereinafter provided for the yearly sum hereinbefore lastly reserved payable in the manner hereinbefore mentioned Manual of Goa Laws (Vol. II) – 1035 – Land Revenue Code and Rules AND from and after the first settlement of assessment hereinafter provided for such sum of land revenue as under the laws of rules having the force of law for the time being in force in respect of lands held under the Government by ordinary occupants shall from time to time be found to be payable AND the lessee hereby convenants and agrees with the Lessor in manner following, that is to say, FIRST that the lessee shall at his own expense and with due diligence completely reclaim the lands hereby leased so as to be in a state fit for use for agricultural purposes AND shall so reclaim at least one half of the said lands within ten years and whole, thereof within twenty years commencing of the............ day of..............19.........., respectively; and shall maintain such reclaimed land during the residue of the term hereby granted AND shall not, until the whole of the said lands shall have completely reclaimed and rendered cultivable, assign or underlet the said lands or any portion thereof or charge or receive any tax or fee for cattle grazing upon any portion thereof without the previous consent in writing of the Collector, AND that, the lessee shall not at any time partition, bequeath, alienate, mortgage or otherwise charge or encumber or allow to be cultivated, used or occupied by any other persons, any portion of the said land less than the area hereby fixed by the Collector as an economic holding in respect of the said lands nor shall any such portion of the said land be liable to seizure, sequestration, attachment, sale or partition by process of a court. PROVIDED that, if any Government Officer duly empowered in this behalf by the Government shall certify in writing that any portion of the said lands in unreclaimable, such portion shall be excluded from the operation of the convenants hereinbefore contained. Provided further that, the lessee shall be at liberty during the first ten years to relinquish any portion of the said lands which he cannot reclaim, and such portion shall thereupon be excluded from the operation of the covenants herein contained, SECOND that, the lessee shall at his own expense (a) keep open the several roads mentioned and described in Schedule B hereunder written and delineated in the plan hereunto annexed (b) provide and keep in good order to the satisfaction of the Collector such waterways in and along the lands hereby leased as may from time to time be required by the Collector, (c) erect new boundary-marks upon the said lands as may from time to time be required by the Collector and maintain and keep in good repair to the satisfaction of the Collector and all such new boundary marks as well as all these at present existing thereon, THIRD that, the said lessee shall pay the rents hereinbefore respectively reserved at the times and in the manner hereinbefore provided for payment of the same respectively and that whenever any installment of the said rents respectively shall be in arrear, it shall be recoverable from the lessee as an arrear of land revenue under the provisions of the law for the time being in force in that behalf; AND the Lessee shall also pay all rates, taxes and other outgoings (if any) which shall at any time during the continuance of this lease be payable in respect of the said land or any part thereof, FOURTH that on and after the.............. day of .......... 19........., the lands hereby leased shall be liable to be from time to time surveyed and assessed to land revenue under the laws or rules having the force of law for the time being in force in respect of lands held under the Government by ordinary occupants and thence forward during the residue of the term hereby granted, the Lessee shall hold the said lands subject to all the provisions of such laws and rules and subject also to such of the convenants and provisions of his lease as shall be capable of continuing effect PROVIDED ALWAYS AND IT IS HEREBY AGREED that, if and whenever there shall be a breach by the Lessee of any covenant, conditions or provision herein contained, the Lessor may re-enter upon the said lands or upon part thereof in the name of the whole, and thereupon, this lease shall determine AND that in case default shall be made in reclaiming the half or the whole of the land within the periods respectively hereinbefore prescribed in that behalf, the Lessor may re- enter upon the said lands and determine this lease under the power in that behalf hereinbefore Manual of Goa Laws (Vol. II) – 1036 – Land Revenue Code and Rules contained, AND that, if in the opinion of the Collector (Whose decision shall be final) the reclamation is not carried on with due diligence during the two years ending on the day of ............. 19........, the Lessor may on or after the said day re-enter upon the said lands and determine this lease under the power in that behalf hereinbefore contained, AND that, the right of the said lessor to all mines and mineral products and of full liberty of access for the purpose of working and searching for the same with all reasonable convenience shall be reserved. AND IT IS LASTLY AGREED that the word “lessor” in this Lease shall mean the Lessor and his Successors and Assigns and the word “Lessee” shall mean the “Lessee” and his legal representatives. IN WITNESS WHEREOF. COLLECTOR of........., has, hereunto set his hand and affixed his official seal on behalf of the President of India, and the Lessee has hereunto set his hand the day and year first above written. Schedule A Above Referred to: Schedule B Above Referred to: Signed by the abovenamed in the presence of Signed by the abovenamed in the presence of Plans to be attached in terms of the lease. (Seal of the Collector) ———— FORM ‘V’ (See Rule 29) Form of Agreement for Exchange to be Executed by Villagers Removing to a New Village-site Agreement executed the.............. day of..........19...... by A.B. resident of………….. in the ............. talukas Whereas the Government have been pleased to sanction a change being made in the position of the site of the village in the taluka…………………................……. district and in pursuance of such sanction, the following plot of ground has been allotted to me in the new site in exchange for the plot held by me in the old site, namely the piece of land bounded as follows that is to say in the North by.................., on the South by..........., on the East by............., on the West by........, measuring………. meters in length from North to South………., and meters in length from East to West and comprising about............. square meters...............in superficial areas and bearing No............ in the Land Records. Manual of Goa Laws (Vol. II) – 1037 – Land Revenue Code and Rules I do hereby agree, in consideration of the allottment to me of the new plot of land aforesaid, as follows, namely:— (1) That all my right, title and interest in any land whatsoever, situated within the old site of the said village, shall be deemed to be and is hereby surrendered to the Government together with the trees standing therein and all rights over or other benefits arising out of or enjoyed by me in respect of the said land; (2) That if the area of the plot allotted to me in the new site is in excess of the plot surrendered by me. I shall pay occupancy price for the additional area at the rate of Rs......... per sq. metre. (3) That I shall hold the piece of land aforesaid in the new site from the date of this agreement on the same terms and with the same rights and subject to the same liabilities as would apply hereto me tenure of the plot held by me in the old site, if I continued to be the holder thereof. In witness whereof I have hereto set my hand the day and year aforesaid . Written by (Signed) A.B. Signed and delivered by in our presence. ———— FORM ‘VI’ [See Rule 32 (4)] This INDENTURE made this..................... day of the month of................. year............ in the.............. year of the Republic of India between the President of India (hereinafter called the lessor which expression where the context so admits shall include his successors in office, and assigns) of the one part and1 ................ (name of the person) of .............. (address and occupation) (hereinafter referred to as “the lessee” which expression shall where the context so admits be deemed to include his heirs, executors, administrators, representatives and permitted assigns)2 and3 ..................... (name of person) of..................... (address and occupation) and................. (name of person) of.................. (address and occupation) (hereinafter referred to as “the lessee” which expression shall where the context so admits be deemed to include their respective heirs, executors, administrators, representatives and their permitted assigns)2 and3 .............. (name of person) of...................... (address) and................. (name of person) of.................. (address), all carrying on business in partnership at.................. (address of the firm or syndicate) under the name and style of................. (name of the firm or a syndicate registered under.................. (Act under which registered) (hereinafter referred to as “the lessees” which expression shall where the context so admits be deemed to include all the partners of the said firm or members of the said syndicate, their representatives, heirs, executors, administrators and permitted assigns)3 and4 ................ (name of the company) a company registered under..................... (Act under which incorporated) and having its registered office at...................(address) (hereinafter referred to as “the lessee” which expression shall where the context so admits be deemed to include its successors and permitted assigns and5 .................. (name of the Society) of............... (address of the society), a 1 When the lessee is an individual. 2 When the lessees are more than one individual. 3 When the lessee is a registered firm or syndicate. 4 When the lessee is a registered company. 5 When the lessee is a co-operative society. Manual of Goa Laws (Vol. II) – 1038 – Land Revenue Code and Rules co-operative society registered or deemed to be registered under the Maharashtra Co-operative Societies Act, 1960 as extended to the Union Territory of Goa, Daman and Diu (hereinafter referred to as “the lessee” which expression where the context so admits be deemed to include its administrators and legal representatives and permitted assigns) of the other part. Witness.— That in consideration of the rents and royalties covenants and agreements by and in these presents reserved and contained and on the part of the lessee/s to be paid, observed and performed, lessor both hereby demise unto lessee/s the land measuring about.......... situated at...........taluka of................ in the.............. district............... as described and delineated in the plan hereto annexed, and therein surrounded by red boundary lines (hereinafter called the “said lands” to hold for a period of 25 (twenty five) years commencing on........... and ending on...................for the purposes and subject to the terms and conditions set forth below, namely:—