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[Cites 0, Cited by 0] [Section 36] [Entire Act]

State of Goa - Subsection

Section 36(3) in The Goa, Daman and Diu Agricultural Tenancy Act, 1964

(3)During the period commencing from the date of publication of the notification under sub-section (1) and ending with the termination of management under sub-section (4) the following provisions shall have effect, namely:
(a)all legal proceedings pending and all processes, executions or attachments in force in respect of debts and liabilities enforceable against the land shall be suspended and no fresh proceedings, processes, executions or attachments shall be instituted, issued, enforced or executed in respect thereof;
(b)the landlord shall be incompetent and the manager shall be competent:
(i)to enter into any contract with respect of the land;
(ii)to mortgage, charge, lease or alienate the land or any part thereof; and
(iii)to grant valid receipts for rents or profits accruing from the land:
Provided that the manager shall not be competent to alienate any and save with the prior approval of the Government and with the consent of the landlord, or where the landlord cannot be found; after the publication of a notice in the prescribed manner:[Provided further that where the manager is satisfied that for the purpose of bringing the land under cultivation it is necessary for the lessee to make improvement on the land at a considerable cost or labour or both, it shall be competent for the manager subject to the previous approval of the Government to remit to the lessee the whole or part of the rent payable to him in respect of the land, for a maximum period of five years.] [Inserted by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1968 (Act No. 13 of 1968).]
(c)all powers, which if the management of the and has not been assumed, would have been exercisable by the landlord shall be exercisable by the manager who shall receive and recover all rents and profits due in respect of the land under management and for the purpose of recovering the same may exercise, in addition to the powers exercisable by the landlord the powers exercisable by a Collector for the recovery of land revenue;
(d)from the sums received on account of the land, the manager shall pay-
(i)the cost of management including the cost of necessary repair;
(ii)the Government revenue and all sums due to the Government in respect of the land under management;
(iii)the rent, if any, due to any superior holder in respect of the land;
(iv)such periodical allowance as the Collector may from time to time fix for the maintenance and other expenses of the landlord and of such members of his family as the Collector directs; and
(v)the cost of such improvement of the land as he thinks necessary and is approved by the Collector;
(e)the manager shall pay to the landlord the balance, if any, remaining after the expenses referred to in clause (d) have been defrayed:
Provided that if any proceedings in respect of debts and liabilities enforceable against the land have been suspended under clause (a), the manager shall, out of such balance deposit an amount, not exceeding the amount estimated to be required for the meeting of such debts and liabilities, with the Court in which the proceedings were pending.