Section 26 in The Goa, Daman and Diu Agricultural Tenancy Act, 1964
26. Liability for cost cultivation, tax, works etc.
(1)In the case of land in respect of which rent has been fixed under the foregoing provisions a landlord shall not be liable to make any contribution towards the cost of cultivation of the land in the possession of his tenant, except to the extent otherwise specifically provided for in this Act.(2)(a)The liability to pay land revenue in accordance with the provisions of any law for the time being in force shall be that of the landlord.(b)The liability to pay irrigation cess in accordance with the provisions of any law for the time being in force, shall be that of the tenant.(c)The liability to pay any other rate, tax, fee, cess or other charge levied by or under any other law shall be as provided in such law and in the absence of any provision, that of the tenant.(3)In the case of Khajan and Kher lands the duty and responsibility of carrying out works of maintenance, repair and conservancy of banks, bunds or ridges of tanks or rivers or other sources of irrigation shall be that of the tenant and the landlord shall not be liable to make any contribution to the cost of such works:"[Provided, however, that in the case of repairs to breaches in bunds which may be specified by Government as protective bunds, Government shall, on such conditions and in such manner as may be prescribed, contribute a sum not exceeding 50% of the cost of such repairs:Provided, further, that the duty and responsibility of carrying out works of a recurring nature designed to conserve water such as the closure of apertures of the sides or wall of a tank such as Khan or popularly known by any other name, shall continue to be that of the person on whom it was cast, according to the custom, usage or practice in force immediately before the commencement of this Act.Any question as to the existence of any such custom, usage, or practice as aforesaid shall be determined by the Mamlatdar after such enquiry as may be necessary or prescribed] [Proviso was earlier amended by the Amendment Act 11 of 1965 however subsequently entire proviso is substituted by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1966 (Act No. 10 of 1966).]".(3A)[ (a) [Whenever it appears to the Mamlatdar that any of the works of maintenance, repair and conservancy referred to in sub-section (3) have been neglected for any reason whatsoever he may, by order in writing, direct that the works shall be carried out by such person as may be specified and the cost thereof shall be recovered from the beneficiaries of the work done as arrears of land revenue] [Inserted by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1966 (Act No. 10 of 1966).]:Provided that in the case of repairs to protective bunds where the breaches have occurred owing to the negligence of the owner of any land to which this Act does not apply, the cost of repairs incurred as a result of such negligence may also be recovered from such persons as may be named in the order of the Mamlatdar as arrears of land revenue.(b)The person from whom the costs are recovered under the preceding clause shall be entitled to recover the same or an appropriate portion thereof from any person who in law is wholly or partially liable to construct, maintain or repair the bunds;(c)The question as to whom are the beneficiaries of repairs to a bunds shall be determined by the Mamlatdar;(d)From any order passed by the Mamlatdar under this sub-section an appeal shall lie to Government whose decision shall be final]".(4)Where the benefit of any such works as is referred to in the [preceding sub-sections] [These words were substituted for the words 'preceding sub-section' the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1966 (Act No. 10 of 1966).] is derived by or is available to more tenants than one, the cost of such works shall be distributed between all such tenants in such proportion as may be agreed to between them or, in the absence of an agreement, as may be determined by the Mamlatdar, having due regard to all relevant circumstances of the case.(5)For the purpose of ensuring that the duty and responsibility referred to in sub-section (3) are discharged properly and promptly, the Government may, by order, direct the tenants concerned to take such measures as may be specified in the order. A copy of every such order shall be sent to the landlord.(6)If any tenant commits default in complying with any direction or order passed under the preceding sub-section the provisions of sub-sections (4) and (6) of section 37 shall apply to such default as if it is a default within the meaning of that section.
