Amendment status not verified — confirm the current text below against the official source.
Removal of encroachments on land vesting in 54[Central Government or Government]; provisions for penalty and other incidental matters.— (1) In the event of any encroachment being made on any land vested in the 55[Central Government or Government] (whether or not in charge of any local authority), it shall be lawful for the Collector to summarily abate or remove any such encroachment and the expenses incurred therefor shall be leviable from the person in occupation of the land encroached upon and the person who is responsible for the encroachment. (2) The person who made such encroachment or who is in unauthorised occupation of the land so encroached upon shall pay, if the land encroached upon forms part of an assessed survey number, assessment for the entire number for the whole period of the encroachment, and if the land has not been assessed, such amount of assessment as would be leviable for the said period in the same village on the same extent of similar land used for the same purpose. Such person shall pay in addition a fine which shall be not less than five rupees but not more than one thousand rupees if the land is used for an agricultural purpose, and if used for a purpose other than agriculture such fine not exceeding two thousand rupees. 56[(2) The person who made such encroachment, or who is in unauthorised occupation of the land so encroached upon shall pay, if the land encroached upon ---20--- forms part of an assessed survey number, the assessment for the entire number for the whole period of the encroachment; and if the land has not been assessed, such amount of assessment as would be leviable for the said period in the same village on the same extent of similar land used for the same purpose. Such person shall, in addition, be liable to a penalty which shall not be less than five hundred rupees but not more than five thousand rupees if the land is used for an agricultural purpose, and if used for a purpose other than agriculture, to a penalty not exceeding twenty thousand rupees.]; (3) The Collector may, by notice duly served under the provisions of this Code, prohibit or require the abatement or removal of encroachments on any such lands, and shall fix in such notice a date which shall be a reasonable time after such notice, on which the same shall take effect. (4) Every person who makes, causes, permits or continues any encroachment on any land referred to in a notice issued under sub-section (3), shall in addition to the penalties specified in sub-section (2), be liable at the discretion of the Collector to a fine not exceeding twenty-five rupees in the case of encroachment for agricultural purposes and fifty rupees in other cases for every day or part of a day during which the encroachment continues after the date on which the notice takes effect. 57[(4) Every person who makes, causes, permits or continues any encroachment on any land referred to in a notice issued under subsection (3), shall, in addition to the penalties specified in sub-section (2), be liable, at the discretion of the Collector, to a penalty not exceeding five thousand rupees in the case of encroachment for agricultural purposes and five hundred rupees in other cases, for every day or part of a day during which the encroachment continues after the date on which the notice takes effect.] (5) An order passed by the Collector under this section shall be subject to appeal and revision in accordance with the provisions of this Code. (6) Nothing contained in sub-sections (1) to (4) shall prevent any person from establishing his rights in a civil court within a period of one year from the date of the final order under this Code. 58 [37A. Confirmation of title to Alvara land.— (1) Every person occupying the land under the provisions of the Decree No. 3602 dated 24-11-1917 shall make an application in the prescribed form to the Collector within a period of 59[twenty-four months] from the date of commencement of the Goa Land Revenue Code (Amendment) Act, 2017 along with all the documents to substantiate that all the conditions laid down in the said Decree No. 3602 dated 24-11-1917 have been complied with and that he has a definitive title under the said Decree to such land: Provided that the Government may direct the Collector to entertain the application made beyond the said period of 60[twenty-four months] if it is satisfied that the applicant could not make application within the said period for the reasons beyond his control. (2) The Collector shall after receipt of application under sub-section (1) verify all the documents submitted by the applicant and after conducting such inquiry as he deems fit, submit his report thereon to the Government inter-alia stating as to whether the applicant has definitive title to the land occupied by him. (3) The Government may, after considering the report submitted by the Collector under sub-section (2), either approve or reject his report or give such other direction to the Collector as it deems fit in the matter. In the event the Government finds that the ---21--- applicant has definitive title to the land, it may direct the Collector to issue a certificate of confirmation of the definitive title to the applicant in the prescribed form. (4) A person, whose application is rejected under sub-section (3) or is occupying Government/Alvara land without the definitive title to such land under the said Decree No. 3602 dated 24-11-1917, he shall apply for regularization of such land, in the prescribed form along with the prescribed fee, within a period of thirty days from the date of such rejection or 61[twenty-four months] from the date of commencement of the Goa Land Revenue Code (Amendment) Act, 2017, as the case may be. (5) The Collector shall after receipt of application under sub-section (4) verify all the documents submitted by the applicant and after conducting such inquiry as he deems fit, submit his report thereon to the Government. (6) The Government may, after considering the report submitted by the Collector under sub-section (5), either direct the Collector to regularize such land as occupant Class–II on payment of amount as specified in sub-section (7) or reject the application or give such other direction to the Collector as it deems fit in the matter. (7) Notwithstanding anything contained in any law for the time being in force, no land referred in sub-section (4) shall be regularized unless an amount equivalent to the total value of the land calculated at rupees 05/- per square meter has been deposited with the Government. (8) Where any person fails to comply with the provisions of sub-section (1) or (4) or his application is rejected under subsection (3) or (6), the Government/Alvara land shall revert back to the Government free from all encumbrances and the Government shall be free to deal with such land as it deems fit.