Section 15 in The Goa, Daman and Diu Agricultural Tenancy Act, 1964
15. Sub-division, sub-letting and assignment prohibited.
(1)Save as otherwise provided in this Act, no sub-division or sub-letting of the land held by a tenant or assignment of any interest therein, shall be valid.(2)Notwithstanding anything contained in sub-section (1), it shall be lawful for a tenant:-(a)who is a widow, minor or a person subject to any physical or mental disability, or a serving member of the Defence Forces to sub-let such land held by her or him as a tenant, or(b)who is a member of a Co-operative Society and as such member to sub-let, assign, mortgage or to create a charge on his interest in the land in favour of such Society.(3)Notwithstanding anything contained on sub-section (1), it shall also be lawful for a tenant to mortgage or create a charge on his interest in the land in favour of the Government or of a Co-operative Society, [or corresponding new Bank] [Inserted by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1982] in consideration of a loan advanced to him by the Government or the Co-operative Society, [or corresponding new Bank] [Inserted by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1982] as the case may be and without prejudice to any other remedy open to the Government or the Co-operative Society, [or corresponding new Bank] [Inserted by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1982] as the case may be, in the event of his making default in payment of such loan in accordance with the terms on which such loan was granted it shall be lawful for the Government or the Co-operative Society, 22 [or corresponding new Bank] as the case may be, to cause his interest in the land to be attached and sold and the proceeds to be applied in payment of such loan.["15A. Lands mortgaged to Government and co-operative societies. [Inserted by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1966.]- When a tenant has mortgaged his interest in the land in favour or Government or a co-operative society [or corresponding new Bank] with the permission of Government, in consideration of a loan advanced to him, then notwithstanding anything contained in any other provision of this Act, the landlord shall not, while the mortgage subsists, without the prior permission of Government, be entitled to resume the land for personal cultivation, or to terminate the tenancy on any of the grounds mentioned in section 11 or otherwise, nor shall the tenant be entitled without such permission to surrender his interest to the landlord and any such surrender shall be void:]Provided, however, that for the period during which such permission has been sought but has not been granted, the obligations of the tenant under this Act to the landlord shall devolve upon Government or the co-operative society 18[or corresponding new Bank] as the case may be".[Explanation. [Inserted by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1982.] - For the purposes of sections 15 and 15A, the expression "corresponding new Bank" means a corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (Central Act 5 of 1970.)]
