Section 2

Amendment status not verified — confirm the current text below against the official source.

The managing committee, and, specially, the attorney, who shall inform the administrator of the irregularities that he may notice; The administrator, who shall conduct at least one inspection, in the course of the works accompanied by the technical officer, of which a competent inspection report shall be prepared. § 1. In case of works of the value exceeding 3000$, and if the required funds have been provided, the administrator may, with the sanction of the 83[Government], ask for the report referred to in the paragraph 2 of article 310, and engage one overseer or temporary supervisor, with salary not exceeding to 18$ per day. § 2. The overseer or supervisor, to which reference is made in the preceding paragraph, shall work under orders of the attorney of the comunidade, carrying the instructions received from the technical person. § 3. For the execution under direct administration, only in special cases duly recognized by the Government, technical persons or overseers and supervisors shall be admitted. -------82-------- Art. 314 – The provisional and definitive acceptance, of the works shall be preceded by inspection, in the following manner: 1) In case of works of the value up to 3000$, by the managing committee, with intervention of the technical personnel of works; 2) When the value is above 3000$, by the administrator, with the intervention of the technical person of works and assisted by the managing committee. § 1. Whenever it is found convenient any technical personnel of the Directorate of Public Works and Transport can be requisitioned to intervene in the acceptance proceedings, and his intervention shall be mandatory, in final delivery, when the value of the works exceeds 50000$. § 2. The final delivery shall be considered valid only after being confirmed by the 84[Government]. Art. 315 – The administrator shall fix, in each case, a time limit to the clerk of the comunidade to complete the work which he is supposed to do in relation to the works, when not defined in this Code. Art. 316 – To bear the expenses with works, provided for in this chapter a reserve fund shall be constituted, with the following incomes: a. 50 per cent of the proceeds of zonns and dividends of the shares prescribed; b. 50 of the increase of the income referred to in the article 307; c. 50 per cent of the capital derived from the redemption; d. The amount ordered to be separated by the administrator in terms of article 476. Sole § When the availabilities of the reserve fund are insufficient, the expenses may be paid from advances of the comunidade or by a loan obtained with the authorization of the 85[Government]. 86[CHAPTER IV A Grant of Licence Art. 316-A— A Comunidade may grant licence to use its land or any portion thereof for commercial event upon an application made by any person in the prescribed form to the administrator and upon payment of non-refundable processing fee to the administrator as prescribed and licence fees as decided by the concerned Communidade. Explanation.— Commercial event shall mean any event for which admission/entry fees are charged or levied. The mere fact that free passes are also provided it shall not make such event a non-commercial event. Art. 316-B— Any request for grant of licence under article 316-A shall be decided by the managing committee of the Comunidade. Art. 316-C— After receipt of application under article 316-A the administrator shall carry out preliminary examination of such application and within 48 hours of its receipt, he shall forward such application with its annexures to the concerned Comunidade. Art. 316-D— Upon receipt of the application, the managing committee shall call for a -------83-------- Special General Assembly/General Body Meeting to be held within 30 days from the date of receipt of the application from the administrator and place the application before the General Assembly/ /General Body for appropriate decision. Art. 316-E— In the event the General Assembly/General Body decides in favour of the request, the managing committee shall immediately within seventy-two hours, inform the concerned administrator of such decision by enclosing copy of the minutes of the meeting and Resolution of the General Assembly/General Body by clearly specifying therein the licence fees to be payable to the Communidade. Art. 316-F— Upon receipt of the intimation under article 316-E, the administrator shall peruse the resolution and make a report and forward the same to the Government within four days from the receipt of such intimation. Art. 316-G— Upon receipt of the report of the administrator under article 316-F, the Government shall consider the resolution of the General Assembly/General Body of the Comunidade and the report of the administrator and by taking into account the interest of the Comunidade and such other matters as deemed fit, may approve the request for grant of licence to use land belonging to Communidade or any portion thereof for commercial event. Art. 316-H— The grant, if any, made under this Chapter, shall be on payment of licence fees not below the rate as prescribed by the Government. Art. 316-I— No communication granting the license shall be issued by the Comunidade, unless the applicant produces a copy of the receipt of the payment of the license fee in favour of the Comunidade and also of the administrative fee @20% in favour of the concerned Administrator of Comunidades”] CHAPTER V Long term leases Art. 317 – The comunidades may give on long term lease its uncultivated lands or paddy fields and land with fruit bearing trees which are in remarkably deteriorated condition and the comunidades is not in a position to carry out the expenses necessary for its improvement. § 1. The period of lease shall be of nine to eighteen years, and the area of each concession shall not exceed 20 ha. § 2. The leases may be made with more than one person jointly, who shall be jointly and severally responsible to fulfil the obligations resulting from the same and shall be subjected to the respective penalties. Art. 318 – The applications for long term lease shall be addressed to the 87[Government] and processed in the administration office, containing:– (a) The name of the land, nature of the crop for which it is intended and the number of item under which it is listed in the estimate in the last ordinary auction; (b) In case of the paddy field, the quantity of seed and the estimated production -------84-------- indicated in the estimate; (c )The situation and the boundaries; (d) The area, when available, or the probable area; (e) The number of years for which it is intended to lease and the rent offered. Sole § The procedures relating to grant of the emphyteusis is applicable to the application for long lease. Art. 319 – The application shall be accompanied by a estimate of the beneficiary scheme which the applicant offers to carry out, with the indication of services or works to be executed in each year and their probable cost. The period for the completion of all the improvements shall not exceed five years. Art. 320 – Subsequently, the inspection with three experts shall be held, with one appointed by the applicant, the other by the attorney and the third by the administrator, among the agricultural experts. Art. 321 – The experts shall verify in the inspection: a. Whether the lands are or not fit for the cultivation that the applicant proposes to do; b. Whether the plan of improvements and works to be executed, indicating the alterations that have to be done in the same scheme, can be approved and also whether the rent which shall be received by virtue of this lease, will be favorable to the interests of the comunidade. Art. 322 – If the comunidade in conformity with the findings of the experts approves the lease, the land shall be put to auction. § 1. The base of auction shall be indicated by the experts, which however, in no case, shall be inferior to the maximum rent obtained in the previous nine years plus 15 per cent. § 2. The lessee who fails to comply with the clauses of the contract, shall be subject to pay a fine equivalent to the double of the expense that would have to be done with the works or services which he left to be executed in due time, and in case of recurrence, he may be removed, without prejudice to the imposition of fine. § 3. To the lessee who does not implement the beneficiary scheme, within the period in which he ought to do or shall abandon the land later on, leaving it to deteriorate, the contract of lease shall be terminated reverting soon thereafter the land to the comunidade, with all the improvements, and the lessee shall not be entitled to the same. He shall also have no right for any compensation. § 4. The rescission referred to in the preceding paragraph shall be directed upon the inspection by the administrator, with the intervention of an expert, who shall be the head of the office of agriculture and veterinary or his delegate, and subject to the confirmation of the -------85-------- 88[Government], without which it shall not be enforceable. § 5. The decision which direct the rescission, shall be published in the Official Gazette and, as from its publication, the comunidade shall re-enter in possession of the land, without prejudice of any administrative claim or judicial action on the part of the lease holder or of the third party. Art. 323 – The land that the Government requisition to the comunidades, in terms of Diplomas nos. 84 of 28th April, 1924, and 483, of 15th May, 1931, may be utilized for the purpose of demonstrations, not only with the cultivation of rice, but also, of tobacco, sugarcane, horticulture and others of vegetative cycle, the same lands being leased till the maximum limit of 5 ha. and for the period of six years, renewable for equal periods. CHAPTER VI Aforamentos or emphyteusis SECTION I Grant Art. 324 – The comunidades may grant aforamento – emphyteusis in respect its uncultivated and undeveloped lands and even the ones cultivated of vegetables, when required for the cultivation of rice, fruit-bearing trees or for the construction of houses. Sole § Whenever the lands to be granted are bordering national forest lands or lands enclosed on it, it is not lawful to enter into respective agreements without prior hearing the Department of Agriculture and Veterinary of the Directorate of Economic Services. Art. 325 – Grant of lands shown below, by way of aforamento is forbidden:– 1) The lands earmarked for the use of the community; 2) Land necessary for cattle grazing; 3) Land reserved for easement of neighbours; 4) Lands earmarked for threshing and other ordinary works related to; cultivation and protection of the paddy fields; 5) Lands reserved for reservoirs of waters for irrigation of fields and breeding fish; 6) The open yards in front of temples of any religion and cemeteries and plots adjacent to markets places up to 10 m. on each side; 7) The lands which are locked within paddy fields of the comunidade and the rivulets of casana land. § 1. The lands mentioned in this article, and those abutting public ways and paddy fields, within a radius of 50 meters earmarked exclusively for grant in emphyteusis, for building houses and those that can be used for cultivation by the comunidade, shall be identified, described and demarcated if they have not been demarcated before in cadastral survey of the comunidade. A respective record shall be drawn and enter in the Tombo 1‘ of the comunidade. § 2. This identification shall be done by the managing committee with the help of a surveyor. In cases of the lands that can be brought under cultivation, an expert in agriculture shall also be heard. -------86-------- § 3. Whenever necessary, the administrator shall inspect the works, by solving in loco any doubts that may arise. § 4. Once the demarcation is done, the provisions of article 212, to the extent applicable, shall be observed. § 5. Until the identification of lands, referred in paragraph 1, is not done, no aforamento shall be granted nor confirmed. § 6. After the lands that can be used for cultivation are separated, the managing committee, with the help of the agricultural expert, shall prepare the map of cultivation with necessary estimates for the execution of works in one or more lots, so that cultivation can be done with financial capacity of the comunidade. § 7. The emphyteusis granted, in contravention of previous paragraphs, shall be null and with no effect and the persons that contributed to such grants shall be liable for damages. Art. 326 –Plots with and area more than 3 hectares shall not be granted on emphyteusis for cultivation and those with more than 1000 m2 for the construction of house; however bigger area can be granted, for construction of house when the applicant so desires and produces a plan of the proposed building. § 1. Lands with an area of 3 to 10 hectares may be granted on emphyteusis for cultivation if on account of rocky nature of soil the development of the said land demand heavy expenses or if the land is of single crop and it is intended to convert into two crops land. § 2. In each comunidade, more than one emphyteusis for construction cannot be granted to the same person. Art. 327 –The plots adjoining each other and located near residential buildings and those abutting roads, public ways or village ways and paddy fields shall not be granted in emphyteusis for cultivation within a radius of 50 meters, except strips of land of not more than 5 meters wide which may be granted, without auction, and on payment of approximate foro previously fixed, increased by 50 per cent. Art. 328 – It is expressly forbidden to apply in the same application for more than one plot, or land for cultivation and for house at the same time, or of more than one applicant for the same or different plots. Art. 329 –The applications for emphyteusis shall be addressed to the 89[Government] and shall be filed in the office of the respective administration of the comunidades, mentioning: a. The name of the plot; b. Its situation; c. Its boundaries; d. Its probable area; e. The proposed use; f. The statement whether the plot is uncultivated or cultivated. § 1. The officer entrusted with the work shall give to the interested party the acknowledgement receipt of the entry of the application indicating the respective number -------87-------- given to it. § 2. No application shall be processed, without the deposit of the probable cost of not above 240 $ at the hands of the secretary of the administration office, who shall issue to the interested party a receipt indicating the day and hour at which the deposit was effected and the entry in the respective book. § 3. The applications for the emphyteusis which are not as per conditions prescribed in this Code shall not be processed. Art. 330 – After the application has been processed, the secretary of the administration office shall announce the request applied for, in two successive numbers of the Official Gazette, describing the land with all the conditions indicated in the preceding article, so that objections against it could be filed within the period of thirty days, from the date of the second publication of the advertisement. At the end of that period, enclosing the objections received or certifying that there have been none, the file shall soon be sent to the clerk of the comunidade for his reply and that of the managing committee, and within a period of thirty days, which is not to be extended, shall express their advisory opinion on the application. § 1. Extraordinary sessions of the comunidade and of the managing committee may be held for the purposes of this article. § 2. The pages of the Official Gazette, in which the advertisements are published, shall be attached to the file. Art. 331 – On the expiry of the period for the reply, the clerk shall return the file to the administration office, with or without the reply of the comunidade or of the committee. § 1. The administrator shall order to notify the applicant and the attorney of the comunidade office for appointment of experts for the inspection, indicating the day and the hour for this purpose. § 2. The appointment of the experts shall be done in the manner prescribed in the Code of Civil Procedure. The third expert shall always be appointed by the administrator. § 3. In the order of appointment of the experts, the date and the hour for the inspection, shall be indicated and this inspection shall be held within the period of twenty days. Art. 332 – The inspection shall be presided by the administrator along with his secretary, and besides the experts, the applicant, the attorney and the clerk of the comunidade shall be notified to attend. § 1. After taking the oath, the experts shall give their report declaring whether the land is suitable to be granted as emphyteusis and whether from the grant it will result or not loss to the comunidade and in this regard the opinion, if any, from the same comunidade and from the committee, shall also be considered. The experts shall also state which is the amount of foro to be fixed and all the circumstances that may contribute for the final decision. § 2. If on inspection it is found that the land is suitable to be granted, it shall be measured and demarcated, placing temporary boundary stones in all its angles. § 3. If on inspection the land has been found not suitable to be granted on emphyteusis, the applicant may request the administrator, within the period of eight days, a new inspection, and it shall be granted with five experts, being two appointed by the applicant, two by the -------88-------- attorney of the comunidade and the fifth by the administrator. § 4. The same shall apply when the attorney of the comunidade, does not agree with the opinion given regarding the suitability of that plot, and thus requests for the inspection. § 5. In the talukas of 1st class the foro cannot be less than 6$ for each 100m2 and in the remaining talukas not less than 3$. However, if the land applied on emphyteusis is cultivated, the foro shall never be less than the maximum rent accrued in the last nine years and plus ten per cent. § 6. After the inspection, the minutes shall be written and signed by all present and then recorded in the book of the comunidade, within the period of eight days. Art. 333 – If the applicant desists from the claim, the administrator shall order that the proceedings be filed and shall return to the applicant the pre-payment costs made, after deducting the amount of cost. Art. 334 – All the lands applied for emphyteusis shall be put up for public auction, without prejudice to the provisions of article 327. § 1. The auction shall be published in the Official Gazette, at least fifteen days in advance. § 2. On the day fixed for the auction, the administrator shall order the bailiff to announce the initiation of bids and, at the end of the bidding, the land shall be granted in terms of the following paragraphs, drawing the required record. § 3. In the case when the land is granted to a person other than the applicant, the latter shall be indemnified by the former with double the procedural cost. § 4. The bidder who offers the highest bid foro shall deposit the amount corresponding to foro of one year and plus the double of the deposit, and only then the bid shall be considered finalized. § 5. After the order of the grant of the emphyteusis, the amount of double of the costs shall be handed over to the first applicant and the one corresponding to the foro paid into the safe of the comunidade, being credited separately in the first year of the contract. § 6. In the absence of bidders the land shall be adjudicated to the applicant for the foro fixed at the inspection. 90[Article 334-A.— Notwithstanding anything contained in article 334, but subject to article 327, a Comunidade may subject to such guidelines as the Government, may, from time to time, issue, grant on lease 91[not more than 10,000 sq. metres of land to educational societies for construction of playgrounds and ] 92[not more than 400 sq. metres of] land for construction of houses or buildings, without auction, to any of the following categories or for purposes 93[except that the Co-operative Housing Societies of landless person may be granted land not more than 800 sq. mts.]:- i) Public, Charitable or Religious Institutions; ii) For any scheme of providing housing to the economically weaker sections; iii) Small scale Industrial purposes; iv) Government Departments or local bodies; v) Co-operative Housing Societies of landless persons; vi) Government servants or employees of the Comunidades 94[who are landless]; -------89-------- vii) Landless Jonoeiros; viii) 95[Landless] Freedom Fighters; ix) Such other categories or purposes as may be notified by the Government, from time to time. Provided that every notifications issued under this clause shall be laid as soon as may be, after it is issued, before the Legislative Assembly: 96[Provided further that institutions of public utility and associations of professional bodies duly recognised by the Government may also be granted not more than 10,000 sq. metres of Comunidade land on lease for construction of houses or buildings, without auction Provided further that the educational societies, institutions of public utility, social organisation and associations professional bodies duly recognised by the Government and have been granted Comunidade land under any other provisions of law or are in actual possessions of the land, shall be deemed to have granted the same under the provisions of this Legislative Diploma, on payment of annual lease rent]. 97[Provided further that the Government may, with the prior consent of the concerned Comunidade, grant on lease, land admeasuring upto 2 lakh sq. mts., to any educational or health institution or any charitable and/or social trust or society or any similar social institution of public utility or engaged in the field of education or health, duly recognised by the Government, for the purpose of any Scheme, without auction: Provided further that the scheme for which such grant is made on lease shall be scheme which is duly approved by the Government and for which a certificate of ―No objection‖ has been issued by the Government.] Provided further that the members of Cooperative Housing Societies and the persons belonging to the categories (vi), (vii) and (viii) above are residing in Goa for preceeding 98[15] years: Provided also that no person 99[or members of the Co-operative Housing Societies, as the case may be] whose annual income exceeds 100[Rs.3,50,000/-] or such amount as may be prescribed by the Government shall be eligible for grant of land on lease without auction.] 101[Explanation 1.— For the purpose of the Article, the word ―landless‖ means that neither the person nor his or her spouse or minor child owns a plot of land or house in the State of Goa. The word ―house‖ shall also include a flat or apartment. Explanation 2.— For the purpose of this Article, the annual income of the person shall be construed to mean the annual income of the person and of his or her spouse or minor child.] 102[334-B. — (1) Notwithstanding anything contained in articles 334 to 340, the Government may, with the prior consent of the concerned Comunidade, grant land by way of aforamento, on such terms and conditions as it deems fit, to the Government Department or the Government undertaking or the statutory body constituted by Government of India for setting up of premier higher educational institute of national level and of International repute, without auction.] -------90-------- 103[Art. 334-C— 104(1) Notwithstanding anything contained in this Code, the Government may with the prior consent of the concerned Comunidade, grant land by way of long lease for any Government project or any public purpose, for such period and on such terms and conditions as it may deem fit, to any Government Department, Government undertaking, Government institution or statutory body constituted by Government. Explanation.— For the purpose of this article, the words “public purpose” shall have the same meaning as assigned to them under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act No. 30 of 2013)]. 105[(2) The procedure to be followed for grant of land under clause (1) shall be such as prescribed by the Government. (3) The land granted on long lease under clause (1) shall be deemed to be land granted as emphyteusis under this Code.] 106[334-D—If a grant has been made of any Comunidade land to any religious institution, whether a Mazania of a temple or a temple or Fabrica of a Church or a Church, or any religious trust, without payment of any foro and such land is held legally by such grantee for more than fifty years, then such land shall stand vested in such grantee absolutely and without any encumbrance and the Comunidade shall be divested of its rights in or upon the said land.]. Art. 335 – After the auction, the secretary of the administration shall forward the file to the administrator, who, with his remarks, shall send it to the Directorate of Civil Administration Services. § 1. The Governor-General, on going through the file, shall consider the request. § 2. Soon after the file is returned to the administration office, the same shall be forwarded to the clerk of the respective comunidade, who shall register, within the period of three days of receipt, the order of the 107[Government] in the competent book. § 3. If the order is for grant of the emphyteusis, the clerk of the comunidades, soon after the registration, shall issue a chalan to be paid, within eight days, by the emphyteuta the siza]108 which may be due by the law in force and, after attaching to the file the receipt of the payment, with the assistance of the attorney of the comunidade, shall make provisional delivery of the land to the emphyteuta, verifying the correctness of the measurement and that there has not been any change in the provisional boundary marks, drawing thereafter the competent record, which shall also recorded in the book. § 4. Soon after, the clerk shall make provisional registration of land granted which shall be converted in definitive after being granted the final possession to the emphyteuta. § 5. If the provisional delivery is not taken, without justified reasons, within the period of four months from the order of the grant, the administrator shall inform this fact to the Governor-General, proposing the cancelation of the order of the grant of emphyteusis and reverting the land to the comunidade. Art. 336 – In case of the applicants or successful bidders show no interest in taking necessary further steps, within the time fixed by the administrator, the Governor-General may order the application to be filled. Art. 337 – The emphyteuta, within three days after the end of the period set in article 341, or extended as per article 342, is bound to apply to the administrator for the definitive possession -------91-------- of the land granted on emphyteusis. Sole § After applying for the possession, the administrator shall grant the same on the day and hour that shall be fixed , and in the presence of the emphyteuta, the attorney, the clerk of the comunidade and the secretary of the administration, the latter shall write the respective minutes, which later on shall be recorded by the clerk in the competent register. Art. 338 – The provisional delivery of the land granted, as emphyteusis, cannot be considered in legal relations between the comunidade and the lease holder, as this is an optional act of mere tolerance, and only the definitive possession confers to the emphyteuta the rights that the civil law recognize and assure him. He, meanwhile, can make use of the possessory actions and of the other conservatory means against the third parties. Art. 339 – Following persons have premption in the emphyteusis for cultivation:–