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State of Goa - Section

Section 10 in The Goa, Daman and Diu Agricultural Tenancy Act, 1964

10. Surrender by tenant.

(1)Any tenant may surrender his right of tenancy in respect of any land to the landlord and thereupon the tenancy in respect of that land shall stand terminated if the following conditions are satisfied:
(i)the surrender is made at least one month before the commencement of the year;
(ii)it is made by the tenant in writing and is admitted by him before the Mamlatdar;
(iii)it is made voluntarily and in good faith to the satisfaction of the Mamlatdar;
(iv)it is approved by the Mamlatdar; and
(v)the conditions in clauses (a) to (d) of sub-section (4) of section 20 are satisfied.
(2)Where the land is cultivated jointly by joint tenants or members of joint family, the surrender, unless it is made by all of them shall be ineffective in respect of such joint tenants or members, as the case may be, as have not joined in the application for surrender.
(3)Where the Mamlatdar is of opinion that the conditions mentioned in sub-section (1) are not satisfied, he may, after giving a reasonable opportunity to the landlord to show cause against taking action under this sub-section, and holding such enquiry as he may;
(i)refuse to approve the surrender, or
(ii)submit the case to the Government for orders under the next sub-section.
(4)Where a case is submitted under the preceding sub-section, the Government may, by order, transfer the tenancy right to any other person, including a Comunidade, a Cooperative Society or a Panchayat, who, in its opinion, is a fit and proper person to be a tenant, and thereupon such other person shall be deemed to be a tenant for the purposes of this Act.