Section 38 in The Goa, Daman and Diu Agricultural Tenancy Act, 1964
38. Tenant's right to operate sluice gates.
(1)Where, for the purpose of regulating supply of water [or] [Inserted by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1965 (Act No. 11 of 1965).] for irrigation of any land, there is any sluice gate or other such contrivance, the right to operate and the duty and responsibility of maintaining such sluice gate or other contrivance, as also the right to the fisheries, if any, in the vicinity thereof, shall be that of the tenant, notwithstanding any other law, custom, usage, agreement or contract, decree or order of any court to the contrary.(2)Where immediately before the commencement of this Act, any such right as is referred to in sub-section (i) vested in the landlord or any other person, other than the Government, the tenant shall be liable to pay to the landlord or other person, by way of rent for the exercise of the right conferred under that sub-section, a sum of money to be fixed by the Tribunal in accordance with such principles as may be prescribed.(3)The rights conferred on a tenant under sub-section (1) shall, where there are more tenants than one who derive benefit from the same sluice gate or other such contrivance, be exercised by all the tenants jointly in accordance with such principles as may be prescribed.(4)[ Nothing in sub-section (1) shall be deemed to confer on the tenant any right to any fisheries or other property in the ownership or possession of Government or to authorise him to block or stagnate water for the purpose of catching or breeding fish, in any land used for agriculture.] [Inserted by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1965 (Act No. 11 of 1965).]
