State of Goa - Act
The Goa, Daman and Diu Land Revenue (Disposal of Government Lands) Rules, 1971
GOA
India
India
The Goa, Daman and Diu Land Revenue (Disposal of Government Lands) Rules, 1971
Rule THE-GOA-DAMAN-AND-DIU-LAND-REVENUE-DISPOSAL-OF-GOVERNMENT-LANDS-RULES-1971 of 1971
- Published on 15 April 1971
- Commenced on 15 April 1971
- [This is the version of this document from 15 April 1971.]
- [Note: The original publication document is not available and this content could not be verified.]
Part I – General
1. Short title.
- These rules may be called the Goa, Daman and Diu Land Revenue (Disposal of Government Lands) Rules, 1971.2. Definitions.
- In these rules, unless the context otherwise requires-3. Propriety rights in unoccupied land not to be granted.
- In all grants and disposals of land, the right of occupation and use only, subject to the provisions of the Code, shall be granted, and not the proprietary right of the Government in the soil itself.4. Grant of land situated within port limit.
- No land situated within the limits of any port to which the Indian Ports Act, 1908 is extended shall be granted without the written concurrence of the authority competent to grant such concurrence under that Act.Part II – Grant of land for the promotion of educational, charitable, or public purposes
5. Power of Government to make revenue free grants.
6. Power of Collector to make revenue free grants.
| Purpose | Extent of estimated market value | |
| By the Collector | ||
| 1 | 2 | |
| Rs. | ||
| (1) | For sites for the construction (at the cost of the fund ofany municipal council or village panchayat, duly constitutedunder any law for the time being in force), of- | 5,000 |
| (a) schools or colleges, | ||
| (b) hospitals, | ||
| (c) dispensaries, and | ||
| (d) other public works | ||
| (2) | For sites for the construction of any of the works referredto in clause (1) at the cost of a fund other than the fundsspecified in that clause. | 500 |
| (3) | For sites referred to in clause (2) when used in connectionwith any scheme under the Community Development and NationalExtension Service, Local Development Works Programme or anyother similar development works. | 2,500 |
| (4) | For sites used or to be used as market yards under themanagement of Market Committees established under theMaharashtra Agricultural Produce Marketing (Regulation) Act,1963 as applicable to the Union Territory of Goa, Daman and Diu: | 5,000 |
7. Grant of land for play-grounds, gymnasiums, etc.
8. Conditions for revenue free grants.
- Every grant under rule 6 shall be made expressly on the following conditions in addition to any others that may be prescribed in particular cases, namely:-9. Registration of Sanads.
- Every sanad issued under rule 5 or rule 6 shall be registered in a register in Form XIX.Part III – Disposal of land for agricultural purposes
A. Disposal of allotable land10. Grant of allotable land in occupancy rights.
- Unoccupied land (not being land required for any Government or public purpose or reserved under rule 19) and land (already given temporarily for cultivation on an annual lease) hereinafter in this part referred to as "allotable land" may be granted under section 21 in occupancy rights in accordance with the rules in this part for agricultural purposes to any person, in the order of priority provided in rule 11.10A. [ [Inserted by Seventh Amendment Rules, 1978.]
The Collector may subject to other provisions in this part and subject to the general or special order of the Government dispose of unoccupied land in lease-hold rights under section 26 for agricultural purposes for any period not exceeding one year at a time.]11. Priorities for purposes of grant of land.
12. Extent of land which may be granted.
13. Disposal of small pieces of land.
- Where any piece of land is waste because of its small size or awkward shape or situation or it is less in extent than an economic holding, it shall be granted to the holder of land adjoining such piece of land:Provided that, where there are two or more such holders, the selection for granting the piece shall be made in the order of priority specified in rule 11:Provided further that, where there are two or more holders falling in the same category, the holders whose holding is the smallest in size shall be preferred; and where the holdings are equal in area, the allotment shall be made by drawing lots.14. Payment of occupancy price.
15. Terms and conditions of grant.
- Every grant of land under this part shall be subject to the provisions of the Code and these rules; and in particular to the following conditions, that is to say-16. Disposal of resumed land.
- Any land resumed under condition (e), in rule 15 may be disposed of in accordance with the provisions of rules in this Part.17. Procedure for disposal of land.
- In the disposal of land under this part, the following procedure shall be followed, that is to say,-18. Relaxation of rules in certain cases.
- Notwithstanding anything contained in the rules in this part, the Government may relax any of the provisions of the rules in this part for application to any special scheme sponsored by the Government itself, or undertaken at the instance of, or on behalf of the Central Government for the resettlement of landless agricultural labourers or to any special cases or class of cases in any area or tract in which such relaxation is in the opinion of the Government considered necessary, subject to such terms and conditions as it deems fit.B. Grant of land to persons whose lands are acquired for public purposes19. Grant of land to persons whose lands are acquired for public purposes.
20. Disposal of lands in beds of river.
21. Grant of salt marsh land for reclamation.
22. Savings.
- Notwithstanding anything contained in rules in this part, khajan lands and tank bed lands shall be disposed of by the Government under section 28, subject to such conditions as it may impose in each particular case.Part IV – Grant of land for non-agricultural purposes
A. General23. Reserved building plots and their disposal.
24. Preparation of layout.
25. Disposal of buildings sites.
26. Grant of land for housing schemes.
- Building plots may be granted by the Government for various housing schemes undertaken by any housing board, local authority or co-operative housing society constituted under any law for the time being in force in occupancy rights under section 21 on inalienable and impartible tenure on payment of such concessional occupancy price as the Government may, from time to time fix, regard being had to the nature of the scheme, and in the case of co-operative housing society, to the income of the members thereof such income being ascertained after making such inquiries as the Government may think fit to make in this behalf.27. Grant of land to freedom fighters, members of armed forces, mundkars and Government servants.
28. Grant of land to backward class persons and landless persons.
29. Grant of plots in new village sites.
30. Building sites may be granted by the Government for industrial or commercial purposes under section 28 on alienable and impartible tenure on payment of such occupancy price as may be fixed by the Government.
- The grant shall be subject to the conditions under rule 39 and the following conditions, namely:-31. Concessional grants to co-operative institutions.
32. Grant of land for salt manufacture.
33. Temporary leases.
- Subject to the provisions of rule 35 and to any general or special orders of the Government, unoccupied land may be disposed of by the Collector in leasehold rights under section 26 by public auction for any non-agricultural purpose for a period not exceeding five years on such terms and conditions as he may annex to the grant.[........] [[Proviso deleted by Seventh Amendment Rules, 1978. The deleted proviso, which was earlier inserted by first Amendment Rules, 1973 reads as follows:'Provided that the Collector may, subject to the general or special order of the Government, dispose of unoccupied land in leasehold rights under section 26 for agricultural purposes for any period not exceeding one year at a time on such terms and conditions as he may annex to the grant'.]]34. Permanent leases for non-agricultural purposes and renewal thereof.
35. Disposal of small strips of land.
- When any small strip of land vesting in the Government adjacent to an occupied unalienated building site cannot reasonably be disposed of as a separate site, the Collector may notwithstanding anything to the contrary contained in any of these rules, grant such strip to the holder of such site on the same tenure on which he holds that site, if he agrees to pay-36. Aerial projection etc. over Government land.
37. Power of the Collector to permit laying of water mains, etc. in, over etc. Government land.
38. Grant of land for religious purposes.
- No unoccupied land shall be granted for construction of temples, churches, synagogues, mosques, or for any other religious purpose nor permission under section 32 shall be granted for change of user of land for construction of such buildings in any occupied land except with the previous sanction of the Government.39. Conditions of grant of land for non-agricultural purpose.
40. Forms.
Part V – Grant of encroached land both for agricultural and non-agricultural purposes
41. Grant of lands encroached upon.
42. Permission for continuing certain encroachments on no claim basis.
- Encroachment of Government land in the nature of cess-pools and Chabutras, takhats, steps and like structures of small dimensions (being cess-pools and structures which do not cause public inconvenience) or overhanging balconies, roofs and other aerial projections (being projections which do not involve physical appropriation of site, cause no public inconvenience, do not interfere with the future development of the site and are otherwise not objectionable) may be permitted to be continued by the Collector on the encroacher executing a no claim agreement in Form XVI or Form XVII as the case may be on payment of a license fee equal to double the annual letting value of the land current in the locality from the date of the encroachment.43. Grant of land encroached upon by backward classes for housing.
- Unoccupied land situated in non-urban areas unauthorizedly occupied for housing purposes by persons belonging to backward classes either individually or in groups, may be granted free of cost and assessment by the Collector to the persons so occupying such land after laying it out in suitable plots of such size as the Government may from time to time by order prescribe, so, however, that each encroacher and his family shall not be allotted more than one plot. An agreement in Form XII appended to these rules shall be taken from each grantee.Part VI – General
44. Disposal of forfeited land.
- A holding forfeited for failure in payment of land revenue under section 46 may, unless the Collector finds that the land so forfeited is likely to be required immediately or within a reasonable time for any of the purposes specified in section 18, be disposed of by public auction to the highest bidder.45. Auction how to be held.
- Wherever it is provided in these rules that land shall be disposed of by public auction, the provisions of Chapter X of the Code and the rules made thereunder in so far as they relate to the holding and conducting sales, shall apply.46. Certificate for grant of land.
- Where any land is granted either in occupancy rights or in leasehold rights under the provisions of these rules, the Mamlatdar shall issue a certificate in Form XVIII appended to these rules.Form 'I'(See Rule 6)Form of Sanad for Revenue-Free Grants of land for Promotion of Education, Charitable or Public PurposesToA. B.Whereas the Government have been pleased to grant revenue free to you, A.B. the possession of the below-mentioned piece of land situated in the village of .........in the Taluka of .........district for the purpose of ........(namely)-All that piece of land bounded on the North by ......... on the South by......... on the East by .......... and on the West by .......... and measuring from North to South ......... and from East to West......... comprising ......... square in superficial area, be the same more or less, and bearing No.......... in the Land Records.It is hereby declared that the said land shall be continued forever for a term of ........ year free of all claim on the part of the Government for rent of land revenue to whoever shall from time to time to be lawful holder or manager of the said ......... on the condition that the said land shall in all respects be made ready for and shall be fully used for the purpose or purposes for which it was granted before the day of ......... 19........; and that neither the said land nor any building erected thereupon shall at any time, without the express consent of the Government, be diverted either temporarily or permanently to any other than the aforesaid purpose or purposes, and that no change or modification shall be made of such purpose or purposes and that neither the said land nor any building erected thereon shall be so used as to yield a profit to the grantee, and that in the event of any such unauthorized diversion, change or modification being made, or in the event of the said land or any building erected thereon yielding a profit to the grantee, the said land shall thereupon, in addition to the assessment to which it becomes liable under section 51 of the Goa, Daman and Diu Land Revenue Code, 1968 become liable to such fine as may be fixed in this behalf by the Collector under the provisions of section 33 of the said Code, or other corresponding law for the time being in force relating to the recovery of land revenue, as if the land, having been assessed for purposes of agriculture only, has been unauthorisedly used for any purpose unconnected with agriculture; and in any such event as aforesaid, or in the event of failure to make the land ready for, and to use it fully for, the purpose or purposes for which it is granted before the aforesaid day of .......... 19........ or in the event of the land or any portion thereof on which no fixture is made or on structure is erected. Being required by the Government for its own purpose or for any public purpose, a declaration in respect of which under the signature of the Collector that it is so required shall, as between the said holder or manager and the Government, be conclusive, and in the event of the land being so required, it shall be lawful for the Government on causing 6 month's previous notice in writing to be given to the said holder or manager, to take one of the two following courses, namely, either,-| for the purposes of a| PlaygroundGymnasium| [and/or] [Here specify the other recreational purpose.] |
1. The lessee shall pay to the Government for the said plot of land on the 1st day of August every year in advance the annual rent of rupee one.
2. The lessee shall not erect any structure upon the said plot of land, save with the previous permission in writing of the Collector.
3. The lessee shall not use the said plot of land except for the purpose of a playground and/or gymnasium.
4. The said plot of land and all structures thereon shall be subject to municipal taxation and to any taxation on for local purposes which is or may hereafter be imposed and shall also be subject to any assessment, tax, cess or any other dues which may be levied in respect of the said plot of land or any of the structures thereon, under any other law for the time being in force.
[5 In the event of the [lessee's] [To be inserted in case of an Educational Institution or Gymnasium] ceasing to be recognised by the Educational Department of Government/Government the lease shall be deemed to have terminated.]6. The lessee shall permit the Government Officers authorised in this behalf by the Collector at all reasonable times to enter upon and inspect any part of the said plot of land.
7. The lessee shall not sublet or in any other way encumber the said plot of land or any portion thereof.
8. If, in the opinion of the Collector, the land is required for the purposes of Government or any local authority, the Collector may at any time terminate, this lease by giving to the lessee one calendar month's notice in writing in that behalf.
9. In the event of the lease being terminated under any of these conditions, the lessee, shall not be entitled to claim any compensation on account of the termination of the lease. The lessee shall, if the lease is terminated under condition 8, before the expiry of the period of the notice given under that clause, and in other cases, within such period as the Collector may fix, remove any structure of structures standing on the said plot of land at his own expense, and on the expiry of the said period, shall deliver possession of the said plot of land to the Collector in the same condition in which it was at the commencement of the tenancy.
10. The lessee shall at the expiration of the said term deliver quiet and peaceful possession of the said plot of land to the Collector in the same condition in which he took it, unless the lease is renewed for a further term upon such conditions as the Collector thinks fit.
11. Failure to comply with any of the above conditions of the lease or with any provisions of the Goa, Daman and Diu Land Revenue Code, 1968 or of the rules thereunder shall render this lease liable to cancellation by the Collector, who may thereupon resume the said plot of land, and summarily evict the lessee without notice or payment notice or payment of any compensation whatever, or may, in lieu of such resumption, order the removal, within a period fixed by him, of any structure erected thereon contrary to condition 2 of this lease, and on such removal not being carried out within the said period may cause the same to be carried out at the expense of the lessee; and it shall be in the sole discretion of the Collector, subject to the orders of the Government, to adopt either one or other of the above remedies as may be seen desirable to him, under the circumstances. It shall also be lawful for the Collector in the case of breach of conditions 3 to levy full rent and fine which may extend to forty times the non-agricultural assessment in respect of the land.
12. In this lease, the words "the lessee" includes the lessee, his heirs, successors, legal representatives and permitted assigns and the word "Collector" includes the Collector of the District for the time being and any other officer whom Government may appoint to exercise the powers of the Collector under this lease.
This lease is executed on behalf of the President of India by and under the hand and seal of the Collector of the . . . . . . . . . . . . . District, this.......... day of......... one thousand nine hundred and................. A.D.| (Signed)................................Collector |