Bare ActsThe GOA, DAMAN AND DIU AGRICULTURAL TENANCY ACT, 1964

Section 46

Commencement of Proceedings

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

Commencement of Proceedings. — Save as otherwise expressly provided by or under this Act all inquiries and other proceedings before the 123[Mamlatdar or Tribunal] shall be commenced by an application which shall contain the following particulars: (a) the name, age, profession and place of residence of the applicant and the opponents; (b) a short description and situation of the property of which possession is sought, or the amount of the claim, as the case may be; (c) the circumstances out of which the cause of action arose; (d) a list of the applicant’s documents, if any, and of his witnesses, and whether such witnesses are to be summoned to attend or whether the applicant will produce then on the day of the hearing; and (e) such other particulars as may be prescribed. 124[46A. Powers of the Mamlatdar to inquire into contraventions.— (1) Notwithstanding the fact that no application has been made to him in this behalf, the Mamlatdar may, upon information received or upon his own knowledge or suspicion, that any of the provisions of this Act have been contravened, hold an inquiry in the prescribed manner into the alleged contravention as if an application had been made to him in this regard. (2) The Government, Collector or any officer empowered by the Government in this behalf, may, in any case, where it/he has reason to believe that there has been a contravention of the provisions of this Act, direct the Mamlatdar to hold an inquiry into alleged contravention.] 125[46B. Transfer and disposal of pending applications, appeals and revisions.— (1) All applications and/or proceedings under sections 7, 7A, 8, 8A, 10, 11, 12, 14, 18, 18A, 18B, 18C, 18E, 18F, 18G, 18H, 18J and 18K of this Act filed and pending with the Court of Senior Civil Judge immediately before the commencement of the Goa Agricultural Tenancy (Amendment) Act, 2017, shall, on such commencement, stand transferred to the Mamlatdar having jurisdiction over such matters and such Mamlatdar may proceed to deal with such matters from the stage at which they have reached before such transfer. (2) All appeals and revisions against the orders passed by the Mamlatdar, pertaining to the applications and/or proceedings referred to in sub-section (1), filed and pending with the District Court, if any, immediately before the commencement of the Goa Agricultural Tenancy (Amendment) Act, 2017, shall, on such commencement, stand transferred to the Collector having jurisdiction over such matters and such Collector may proceed to deal with such matters from the stage at which they have reached before such transfer. (3) All appeals and revisions against the orders passed by the Collector, filed and pending with the District Court, if any, immediately before the commencement of the Goa Agricultural Tenancy (Amendment) Act, 2017, shall, on such commencement, stand transferred to the Administrative Tribunal and such Administrative Tribunal may proceed to deal with such matters from the stage at which they have reached before such transfer. (4) All appeals and revisions against the orders passed by the Court of Senior Civil Judge, filed and pending with the District Court immediately before commencement of the Goa Agricultural Tenancy (Amendment) Act, 2017, shall, on such commencement, be continued in and disposed by, the District Court.]

Section 46 – The GOA, DAMAN AND DIU AGRICULTURAL TENANCY ACT, 1964 | DailyLaw.ai