Amendment status not verified — confirm the current text below against the official source.
Powers of Mamlatdar’s Court. — (1) Every Mamlatdar shall preside over a Court, which shall be called a Mamlatdar’s Court, and which shall subject to the provisions of sections 5 and 24 have power, within such territorial limits as may, from time to time, be fixed by Government by notification in the Official Gazette— (a) to remove or cause to be removed any impediment erected otherwise than under due authority of law, to the natural or customary flow in a defined channel or otherwise of any surface water rising in or falling on any land used for agriculture or for trees or other crops, on to any adjacent land, where such impediment causes or is likely to cause damage to the land used for such purposes or to any grazing, trees or crops thereon; (b) to give immediate possession of any lands or premises used for agriculture or trees or crops, or fisheries, or to restore the use of water from any well, tank, reservoir, canal or water-course, whether natural or artificial used for agricultural purposes to any person who has been dispossessed or deprived thereof otherwise than under due authority of law, or who has become entitled to the possession or restoration thereof by reason of the determination of any tenancy or other right of any other person, not being a person who has been a former owner or part-owner, within a period of twelve years before the institution of the suit, of the property or use claimed, or who is the legal representative of such former owner or part-owner; (c) to remove or cause to be removed any refuse, mining reject or other substance which has been dumped or placed otherwise than under due authority of law on any agricultural land; (d) to give immediate possession of any dwelling house situated in any land used for purposes of agriculture to any tenant or agricultural labourer who has been dispossessed or deprived thereof otherwise than under due authority of law; (e) to give immediate possession to a mundcar of any dwelling house held by him as such of which he has been dispossessed or deprived otherwise than under due authority of law; (f) to restore or cause to be restored any right of way which has been obstructed or encroached upon otherwise than under due authority of law; (g) to restore or cause to be restored any right to use or take water for purposes of irrigation or domestic use of which any person has been deprived otherwise than under due authority of law. (2) The said Court shall also, have power within the said limits, where any impediment referred to in clause (a) of sub-section (1) is erected, or an attempt has been made to erect it, or when any refuse, mining reject or other substance is placed or sought to be placed, otherwise than by due authority of law on any agricultural land, or when any person, is otherwise than under due authority of law disturbed or obstructed, or when an attempt has been made so to disturb or obstruct any person in the possession of any lands or premises used for agriculture or trees, or crops or fisheries, or in the use of water from any well, tank, reservoir, canal or water-course, whether natural or artificial, used for agricultural or domestic purposes, or any such dwelling house as is referred to in clause (d) of sub- Manual of Goa Laws (Vol. III) – 16 – Mamlatdar’s Court Act and Rules section (1), or in the use of roads or a right of way thereto, to issue an injunction to the person erecting or who has attempted to erect such impediment, or causing, or who has attempted to cause, such ‘disturbance or obstruction requiring him to refrain from erecting or attempting to erect any such impediment or from causing or attempting to cause any further such disturbance or obstruction. (3) No suit shall be entertained by a Mamlatdar’s Court unless it is brought within one year from the date on which the cause of action arose: Provided however that a suit in respect of which the cause of action arose before the commencement of this Act may, if it is otherwise not barred by any law for the time being in force, be entertained within one year of such commencement. (4) The cause of action shall be deemed to have arisen on the date on which the impediment to the natural or customary flow of surface water or the dispossession, deprivation, obstruction, encroachment or determination of tenancy or other right or the unauthorised dumping occurred, or the attempted impediment or disturbance or dispossession or obstruction or encroachment or dumping or deprivation first commences. Explanation:— The exercise by a joint owner of any right which he has over the joint property is not a dispossession, or disturbance of possession of the other joint owner or owners within the meaning of this section.