/04/2001. (See Appendix)]]All the lands applied for emphyteusis shall be put up for public auction, without prejudice to the provisions of article 327.§ 1. The auction shall be published in the Official Gazette, at least fifteen days in advance.§ 2. On the day fixed for the auction, the administrator shall order the bailiff to announce the initiation of bids and, at the end of the bidding, the land shall be granted in terms of the following paragraphs, drawing the required record.§ 3. In the case when the land is granted to a person other than the applicant, the latter shall be indemnified by the former with double the procedural cost.§ 4. The bidder who offers the highest bid foro shall deposit the amount corresponding to foro of one year and plus the double of the deposit, and only then the bid shall be considered finalized.§ 5. After the order of the grant of the emphyteusis, the amount of double of the costs shall be handed over to the first applicant and the one corresponding to the foro paid into the safe of the comunidade, being credited separately in the first year of the contract.§ 6. In the absence of bidders the land shall be adjudicated to the applicant for the foro fixed at the inspection.[Article 334A. [Inserted by Act No. 1 of 1958.]- Notwithstanding anything contained in article 334, but subject to article 327, a Comunidade may subject to such guidelines as the Government, may, from time to time, issue, grant on lease [not more than 10,000 sq. metres of land to educational societies for construction of playgrounds and] [not more than 400 sq. metres of] [Inserted by Goa Act No. 10 of 1993, dated 4-5-1993.] land for construction of houses or buildings, without auction, to any of the following categories or for purposes:-i) Public, Charitable or Religious Institutions;ii) For any scheme of providing housing to the economically weaker sections;iii) Small scale Industrial purposes;iv) Government Departments or local bodies;v) Co-operative Housing Societies of landless persons;vi) Government servants or employees of the Comunidades [who are landless] [Inserted by Goa Act No. 10 of 1993, dated 4-5-1993.];vii) Landless Jonoeiros;viii) [Landless] [Inserted by Goa Act No. 10 of 1993, dated 4-5-1993.] Freedom Fighters;ix) Such other categories or purposes as may be notified by the Government, from time to time.Provided that every notifications issued under this clause shall be laid as soon as may be, after it is issued, before the Legislative Assembly:[Provided further that institutions of public utility and associations of professional bodies duly recognised by the Government may also be granted not more than 10,000 sq. metres of Comunidade land on lease for construction of houses or buildings, without auction.Provided further that the educational societies, institutions of public utility, social organisation and associations professional bodies duly recognised by the Government and have been granted Comunidade land under any other provisions of law or are in actual possessions of the land, shall be deemed to have granted the same under the provisions of this Legislative Diploma, on payment of annual lease rent.] [Inserted by Goa Act No. 3 of 1997, dated 12.3.1997.]Provided further that the members of Cooperative Housing Societies and the persons belonging to the categories (vi), (vii) and (viii) above are residing in Goa for preceeding [15] [Substituted for the figures '25' by Act No. 9 of 1985.] years:Provided also that no person whose annual income exceeds [Rs. 1,25,000/-] [Substituted by Goa Act No. 3 of 1996, dated 23-1-1996.] or such amount as may be prescribed by the Government shall be eligible for grant of land on lease without auction.][Explanation 1. - For the purpose of the Article, the word "landless" means that neither the person nor his or her spouse or minor child owns a plot of land or house in the State of Goa. The word "house" shall also include a flat or apartment.Explanation 2. - For the purpose of this Article, the annual income of the person shall be construed to mean the annual income of the person and of his or her spouse or minor child.] [Inserted by Goa Act No. 10 of 1993, dated 4-5-1993.]Article 335.After the auction, the secretary of the administration shall forward the file to the administrator, who, with his remarks, shall send it to the Directorate of Civil Administration Services.§ 1. The Governor-General, on going through the file, shall consider the request.§ 2. Soon after the file is returned to the administration office, the same shall be forwarded to the clerk of the respective comunidade, who shall register, within the period of three days of receipt, the order of the Governor General in the competent book.§ 3. If the order is for grant of the emphyteusis, the clerk of the Comunidades, soon after the registration, shall issue a chalan to be paid, within eight days, by the emphyteuta the [siza] [For definition refer to foot note of 226.] which may be due by the law in force and, after attaching to the file the receipt of the payment, with the assistance of the attorney of the comunidade, shall make provisional delivery of the land to the emphyteuta, verifying the correctness of the measurement and that there has not been any change in the provisional boundary marks, drawing thereafter the competent record, which shall also recorded in the book.§ 4. Soon after, the clerk shall make provisional registration of land granted which shall be converted in definitive after being granted the final possession to the emphyteuta.§ 5. If the provisional delivery is not taken, without justified reasons, within the period of four months from the order of the grant, the administrator shall inform this fact to the Governor-General, proposing the cancellation of the order of the grant of emphyteusis and reverting the land to the comunidade.Article 336.In case of the applicants or successful bidders show no interest in taking necessary further steps, within the time fixed by the administrator, the Governor-General may order the application to be filled.Article 337.The emphyteuta, within three days after the end of the period set in article 341, or extended as per article 342, is bound to apply to the administrator for the definitive possession of the land granted on emphyteusis.Sole § After applying for the possession, the administrator shall grant the same on the day and hour that shall be fixed , and in the presence of the emphyteuta, the attorney, the clerk of the Comunidades and the secretary of the administration, the latter shall write the respective minutes, which later on shall be recorded by the clerk in the competent register.Article 338.The provisional delivery of the land granted, as emphyteusis, cannot be considered in legal relations between the Comunidades and the lease holder, as this is an optional act of mere tolerance, and only the definitive possession confers to the emphyteuta the rights that the civil law recognize and assure him. He, meanwhile, can make use of the possessory actions and of the other conservatory means against the third parties.Article 339.Following persons have premption in the emphyteusis for cultivation:-
