Panaji, 21st August, 2014 (Sravana 30, 1936) SERIES I No. 21

743

Panaji, 21st August, 2014 (Sravana 30, 1936) SERIES I No. 21

Reg. No. GR/RNP/GOA/32 RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

GOVERNMENT OF GOADepartment of Co-operation

Office of the Registrar of Co-operative Societies___

Order

6-58-2014/EST/RCS/1678

Sanction of the Government is conveyed forcreation of one post of Light Vehicle Driver inthe PB-1 Rs. 5200-20200+Rs. 1900/- (G.P.) inthe establishment of the office of Registrar ofCo-operative Societies, Government of Goa,Panaji with immediate effect on regular basis.

Suggestions are welcome on e-mail: dir–[email protected]

The expenditure on the salaries andallowances are to be debited under the BudgetHead “2425—Co-operation; 00—; 001—Direction and Administration; 01—Direction(Non-Plan); 01—Salaries”.

This has been approved by the AdministrativeReforms Department vide U. O. No. 253/F dated13-2-2014 and is also issued with the concurrenceof Finance Department vide U. O. No. 1492867/Fdated 28-2-2014.

By order and in the name of the Governorof Goa.

J. B. Bhingui, Registrar & ex officio JointSecretary (Co-op.).

Panaji, 13th August, 2014.

NOTE

There is one Extraordinary issue to the Official Gazette, Series I No. 20 dated 14-8-2014, namely Extraordinary dated20-8-2014 from pages 733 to 742 regarding The Goa (Abolition of Proprietorships, Titles and Grants of Lands) Act, 2014— Not. No. 7/5/2014-LA from Department of Law & Judiciary (Legal Affairs Division).

INDEX

Department Notification/Order/Bill Subject Pages

1. Co-operation Ord.- 6-58-2014/EST/ Creation of post. 743Registrar & ex offi. Jt. Secy. /RCS/1678

2. a. Goa Legislature Secretariat Bill- LA/LEGN/2014/1177 The Goa Transfer and Posting of Officers Bill, 2014. 744b. —do— Bill- LA/LEGN/2014/1178 The Code of Criminal Procedure (Goa Amendment) 745

Bill, 2014.c. —do— Bill- LA/LEGN/2014/1179 The Court-Fees (Goa Amendment) Bill, 2014. 746d. —do— Bill- LA/LEGN/2014/1180 The Goa Public Moneys (Recovery of Dues) 752

(Amendment) Bill, 2014.e. —do— Bill- LA/LEGN/2014/1181 The Goa Mundkars (Protection from Eviction) 756

(Amendment) Bill, 2014.f. —do— Bill- LA/LEGN/2014/1182 The Goa Agricultural Tenancy (Amendment) Bill, 2014. 757g. —do— Bill- LA/LEGN/2014/1183 The Goa Public Health (Amendment) Bill, 2014. 771h. —do— Bill- LA/LEGN/2014/1184 The Goa Non-Biodegradable Garbage (Control) 775

(Third Amendment) Bill, 2014.i. —do— Bill- LA/LEGN/2014/1193 The Goa School Education (Amendment) Bill, 2014. 777

3. Law & Judiciary Not.- 10/3/2013-LA.-(Part)/ The Right to Fair Compensation and Transparency 780Under Secretary /154 in Land Acquisition, Rehabilitation and Resettlement

Act, 2013.4. Science, Technology & Not.- 3-154-2008/STE- Fees to be accompanied with application in Form-I for 827

Environment -DIR/795 grant of authorisation by Goa State Pollution ControlDir. ex officio Jt. Secretary Board.

OFFICIAL GAZETTE — GOVT. OF GOASERIES I No. 21 21ST AUGUST, 2014

744

Goa Legislature Secretariat

LA/LEGN/2014/1177

The following bill which was introduced inthe Legislative Assembly of the State of Goaon 18th August, 2014 is hereby published forgeneral information in pursuance of Rule – 138of the Rules of Procedure and Conduct ofBusiness of the Goa Legislative Assembly.

________

The Goa Transfer and Posting ofOfficers Bill, 2014

(Bill No. 21 of 2014)

A

BILL

to provide for the constitution of the GoaServices Board and for the mattersconnected therewith.

Be it enacted by the Legislative Assemblyof Goa in the Sixty-fifth Year of the Republic ofIndia, as follows:—

1. Short title, extent and commencement.—(1) This Act may be called the Goa Transferand Posting of Officers Act, 2014.

(2) It extends to the whole of the State ofGoa.

(3) It shall come into force at once.

2. Definitions.— In this Act, unless thecontext otherwise requires,—

(a) “Board” means the Goa ServicesBoard constituted under section 3 of thisAct;

(b) “Chairperson” means the Chairpersonof the Board;

(c) “Competent Authority” means theChief Minister of the State of Goa;

(d) “Government” means the Governmentof Goa;

(e) “member” means a member of theBoard;

(f) “Official Gazette” means the OfficialGazette of the Government.

3. Constitution of Board.— (1) TheGovernment shall, by notification in the OfficialGazette, constitute a Goa Services Board.

(2) The Board shall consist of,—

(a) the Minister incharge of theDepartment of Personnel, who shall be theChairperson thereof;

(b) Chief Secretary;

(c) an officer not below the rank ofSecretary to the Government to benominated by the Government.

4. Functions of the Board.— (1) The Boardshall,—

(a) consider and recommend the transferand posting of officers of Goa Civil Service,Goa Police Service and officers in the cadreof Mamlatdars/Joint Mamlatdars/AssistantDirectors of Civil Supplies and BlockDevelopment Officers, at regular intervals;

(b) consider and recommend the postingof such officers in ex-cadre posts, theirtransfer from one Department to another, ortheir transfer in the service of theGovernment;

(c) do such other things and perform suchacts as necessary or expedient for theproper conduct of its functions, andcarrying into effect the purposes of this Act.

(2) Notwithstanding anything contained inany other law for the time being in force orany rules made under the proviso to Article309 of the Constitution of India, theGovernment may, on its own motion and forreasons to be recorded in writing, ordertransfer of such officer, from one post or

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 21 21ST AUGUST, 2014

745

Department to another and even outside theCadre; wherever administrative exigencies sorequire the same:

Provided that, those officers who haveservice not exceeding one year remainingbefore superannuation, shall normally not betransferred.

5. Competent Authority.— The recommen-dations of the Board shall be placed beforethe Competent Authority and the decision ofthe Competent Authority in this regard, shallbe final and binding.

6. Tenure of posting.— (1) The minimumtenure of posting of officers in one post shallordinarily be two years.

(2) The tenure of officers posted ondeputation to ex-cadre posts shall bemaximum of three years, but which may beextended for a further period of one year, inpublic interest:

Provided that the officers may be transferredor deputation period may be curtailed, as thecase may be, before completion of tenure, inpublic interest, by recording the reasons inwriting.

7. The Meetings of the Board.— (1) TheBoard shall meet at regular intervals, at suchtimes and places or through circulation, asdetermined by the Chairperson.

(2) The Chief Secretary shall convenemeetings as directed by the Chairperson of theBoard.

8. Power to make rules.— The Governmentmay, by notification in the Official Gazette,make rules to carry out the purposes of thisAct.

Statement of Objects and Reasons

The Bill seeks to establish Goa ServicesBoard for the purpose of considering andrecommending the transfer and posting of

officers of the Government and for mattersconnected therewith.

This Bill seeks to achieve the above objects.

Financial Memorandum

No financial implications are involved in thisBill.

Memorandum Regarding DelegatedLegislation

Clause 8 of the Bill empowers theGovernment to frame rules to carry out thepurposes of the Act.

This delegation is of normal character.

Porvorim-Goa. MANOHAR PARRIKAR

14th August, 2014. Chief Minister

Assembly Hall. N. B. SUBHEDAR

Porvorim-Goa. Secretary to the Legislative

14th August, 2014. Assembly of Goa.

_________

LA/LEGN/2014/1178


________

The Code of Criminal Procedure(Goa Amendment) Bill, 2014

(Bill No. 22 of 2014)

A

BILL

further to amend the Code of CriminalProcedure, 1973 (2 of 1974), in its applicationto the State of Goa.

Be it enacted by the Legislative Assembly

of Goa in the Sixty-fifth Year of the Republic of

India, as follows:—


746

1. Short title and commencement.— (1) This

Act may be called the Code of Criminal

Procedure (Goa Amendment) Act, 2014.


2. Amendment of section 156.— In section

156 of the Code of Criminal Procedure, 1973

(2 of 1974) in sub-section (3), the following

proviso shall be inserted, namely:—

“Provided that before passing any

orders, the Magistrate shall issue notice to

and hear the Public Prosecutor/Government

Counsel/Pleader and the Superintendent of

Police in the matter.”.


The Bill seeks to amend section 156 of theCode of Criminal Procedure, 1973 (2 of 1974),in its application to the State of Goa, byinserting proviso in sub-section (3) of section156 thereof, so as to provide that theMagistrate shall issue notice to and hear thePublic Prosecutor/Government Counsel//Pleader and the Superintendent of Police inthe matter before passing any orders.





No delegated legislation is envisaged in thisBill.

Porvorim-Goa. MANOHAR PARRIKAR


Assembly Hall, N. B. SUBHEDAR



ANNEXURE.....................................................................................................

Extract of Section 156, Code of CriminalProcedure, 1973 (2 of 1974)

.....................................................................................................

156. Police officer’s power to investigate

cognizable case.— (1) Any officer-in-charge of a

police station may, without the order of a Magistrate,

investigate any cognizable case which a Court

having jurisdiction over the local area within the

limits of such station would have power to inquire

into or try under the provisions of Chapter XIII.

(2) No proceeding of a police officer in any such

case shall at any stage be called in question on the

ground that the case was one which such officer

was not empowered under this section to

investigate.

(3) Any Magistrate empowered under Section 190

may order such investigation as above-mentioned.




_________

LA/LEGN/2014/1179


________

The Court-Fees (Goa Amendment)Bill, 2014

(Bill No. 23 of 2014)

A

BILL

further to amend the Court-Fees Act, 1870(7 of 1870), as in force in the State of Goa.






747

1. Short title and commencement.— (1) ThisAct may be called the Court-Fees (GoaAmendment) Act, 2014.


2. Amendment of Schedule IIA.— InSchedule IIA of the Court-Fees Act, 1870(7 of 1870), as in force in the State of Goa, afteritem 17, the following item shall be inserted,namely:—

“18. Appeal to High Courtunder section 260A of theIncome-Tax Act, 1961

(Central Act 43 of 1961) … Ten thousand rupees.”.


The Bill seeks to amend the Court Fees Act,1870 (7 of 1870), in its application to the Stateof Goa, by inserting new item 18 in ScheduleII A appended to the said Act, so as to levythe fees for filing an appeal under section 260Aof the Income Tax Act, 1961 (Central Act 43 of1961).

This Bill seeks to achieve the above object.


No financial implications are involved in thisBill, however, it would generate additionalrevenue.


No delegated legislation is envisaged in thisBill.

Porvorim, Goa. MANOHAR PARRIKAR

15th August, 2014. Chief Minister/Minister

for Law


Porvorim, Goa. Secretary to the

15th August, 2014. Legislative Assembly of Goa.

Governor’s Recommendation under Article 207of the Constitution of India

In pursuance of Article 207 of theConstitution of India, I, Om Prakash Kohli,Governor of Goa, hereby recommend theintroduction and consideration of the CourtFees (Goa Amendment) Bill, 2014 by theLegislative Assembly of Goa.

ANNEXURE

Schedule appended to the Court-Fees (Goa Amendment) Bill, 2014

SCHEDULE II A

FIXED FEES

Number Proper fee

1 2 3

1. Application or petition. (a) when presented to any officer Two rupeesof the Customs or ExciseDepartment or to any Magistrateby any person having dealingswith the Government, and whenthe subject-matter of suchapplication relates exclusivelyto those dealings;

or when presented to anyofficer of land revenue by Two rupeesany person holding


748

1 2 3

temporarily settled landunder direct engagementwith Government, andwhen the subject-matter ofthe application or petition relatesexclusively to such engagement;

or when presented to any Two rupeesMunicipal Council under anyAct for the time being in force forthe conservancy or improvementof any place, if the applicationor petition relates solely to suchconservancy or improvement;

or when presented to any Civil Two rupeesCourt other than a principal CivilCourt or original jurisdiction or toa Collector or other officer ofrevenue in relation to any suit orcase in which the amount or valueof the subject-matter is less thanfifty rupees;

or when presented to any Two rupeesCivil, Criminal or Revenue Courtor to any Board or ExecutiveOfficer for the purpose ofobtaining a copy or translationof any judgment, decree or orderpassed by such Court, Board orOfficer or of any other documenton record in such Court or office.

(b) when containing a complaint or Two rupeescharge of any offence other thanan offence for which policeofficers may, under the CriminalProcedure Code arrest withoutwarrant and presented to anyCriminal Court;

or when presented to a Civil, Two rupeesCriminal or Revenue Court or toa Collector, or any revenue officerhaving jurisdiction equal orsubordinate to a Collector, or toany Magistrate in his executivecapacity, and not otherwiseprovided for by this Act;

or to deposit in Court revenue Two rupeesor rent;

or for determination by a Two rupeesCourt of the amount ofcompensation to be paid bylandlord to his tenant.



749

1 2 3

(c) When presented to a Chief Five rupeesCommissioner or other ChiefControlling Revenue or ExecutiveAuthority, or to a Commissioner ofRevenue or Circuit, or to any chiefofficer charged with the executiveadministration of a Division and nototherwise provided by this Act.

(d) when presented to any Two rupeescompetent authority for thepurpose of obtaining a certificateof domicile.

(e) when presented to the High Court.— One hundred and fifty rupees

(i) for direction, orders or writs underArticle 226 for the enforcement ofany of the fundamental rightsconferred by Part III of the Consti-tution or for the exercise of itsjurisdiction under Article 227thereof.

(ii) in any other case not otherwise Twenty rupeesprovided for by this Act.

2. Application to any Civil Court When the Court grants the appli- Five rupees inthat records may be called for cation and is of opinion that the addition to any feefrom another Court. transmission of such records levied on the appli-

involves the use of the post. cation under clause(a), clause (b) orclause (d) of Article1 of this Schedule.

3. Application for leave to sue as —do— One rupeea pauper.

4. Application for leave (a) when presented to a Five rupeesto appeal as a pauper. District Court.

(b) when presented to a Five rupeesCommissioner or a High Court.

5. Revision application when Ten rupeespresented to the High Courtunder section 115 of the Codeof Civil Procedure, 1908(5 of 1908).

6. Plaint or memorandum of Two rupeesappeal in a suit to obtainpossession under the Goa,Daman and Diu Mamlatdar’sCourt Act, 1966 (Act 9 of 1966).


750

1 2 3

7. Plaint or memorandum of Two rupeesappeal in a suit to establish ordisprove a right of occupancy.

8. Bail bond or other instrument Three rupeesof obligation given inpursuance of an order madeby a Court or Magistrate underany section of the Code ofCriminal Procedure, 1973(2 of 1974) or the Code of CivilProcedure, 1908 (5 of 1908),and not otherwise providedfor by this Act.

9. Undertaking under section 49 Five rupeesof the Indian Divorce Act, 1869(4 of 1869) or under any corres-ponding other law for timebeing in force.

10. Mukhtarnama or Wakalatnama. when presented for theconduct of anyone case—

(a) to any Civil or Criminal Court Three rupees

other than a High Court, or to

any Revenue Court, or to any

Collector or Magistrate, or

other executive officer, except

such as are mentioned in

clauses (b) and (c) of thisnumber.

(b) to a Commissioner or Four rupeesRevenue, Circuit orCustoms, or to any Officercharged with theexecutive administrationof a Division, not beingthe Chief Revenue orExecutive Authority.

(c) to a High Court, Chief Five rupeesCommissioner, Board ofRevenue or other ChiefControlling Revenue orExecutive Authority.

11. Memorandum of (a) to any Civil Court Five rupeesappeal when the appeal is other than a High Court,not from a decree or an or to any Revenue Court,order having a force of or Executive Officer otherdecree, and is presented— than the High Court or



751

1 2 3

Chief Controlling Revenueor Executive Authority.

(b) to a High Court or Ten rupeesChief Commissioner orother Chief ControllingExecutive or RevenueAuthority.

12. Caveat (1) when the amount or Ten rupeesvalue of the propertyinvolved does not exceedtwo thousand rupees.

(2) When the amount or Twenty-five rupeesvalue of propertyinvolved exceeds twothousand rupees.

13. Application for Two rupeespermission to cut timberin Government forest orotherwise relating to suchforest

14. Memorandum of (1) State Government Five rupeesappeal presented to— where no fees has been

prescribed under anyrelevant law.

(2) any forest officer Two rupeeswhere such appeal isprovided for, by or underthe Indian Forest Act,1927 (16 of 1927) or anycorresponding law inforce, where no specificfee is specified.

15. Plaint or memorandum ofappeal in each of thefollowing suits:–

(i) to alter or set aside a Twenty five rupeessummary decision or orderof any of the Civil Courtsnot established by LettersPatent or of any Revenue Court;

(ii) to alter or cancel any entry -do-in a register of the names ofproprietors of revenue-payingestates;


752

1 2 3

(iii) to obtain a declaratory Twenty-five rupeesdecree where noconsequential relief isprayed;

(iv) to set aside an award; -do-

(v) to set aside an adoption; -do-

(vi) Every other suit where it is -do-not possible to estimate at amoney-value the subject--matter in dispute, andwhich is not otherwiseprovided for by this Act.

16. Agreement in writing Twenty-five rupeesstating a question for theopinion of the Courtunder the Code of CivilProcedure, 1908 (5 of1908).

17. Every petition under the Fifty rupeesIndian Divorce Act, 1869(4 of 1869), except petitionsunder section 144 of thesame Act, and everymemorandum of appealunder section 55 of thesame Act.

Assembly Hall, N. B. SUBHEDAR,

Porvorim-Goa, Secretary to the Legislative


_________

LA/LEGN/2014/1180


________

The Goa Public Moneys (Recovery of Dues)(Amendment) Bill, 2014

(Bill No. 17 of 2014)

A

BILL

further to amend the Goa, Daman and DiuPublic Moneys (Recovery of Dues) Act, 1986(Act No. 10 of 1987).




1. Short title and commencement.— (1) This

Act may be called the Goa Public Moneys

(Recovery of Dues) (Amendment) Act, 2014.



753


2. Amendment of long title.— In the Goa,

Daman and Diu Public Moneys (Recovery of

Dues) Act, 1986 (Act No. 10 of 1987)

(hereinafter referred to as the “principal

Act”), in the long title, the expression

“, Daman and Diu” shall be omitted.

3. Amendment of section 1.— In the

principal Act,—

(i) in sub-section (1) of section 1 and in

any other sections, the expression

“, Daman and Diu” shall be omitted;

(ii) in sub-section (2), for the expression

“Union territory of Goa, Daman and Diu”,

the expression “State of Goa” shall be

substituted.

4. Amendment of section 2.— In section 2

of the principal Act, in clause (c), for the

words “Union territory”, the word “State”

shall be substituted.

5. Amendment of section 3.— In section 3

of the principal Act,—

(i) in sub-section (1), after clause (d), the

following clause shall be inserted,

namely:—

“(e) to any agreement or contract of

guarantee/surety pertaining to the loan

or advance or financial assistance

referred in this sub-section”;

(ii) after sub-section (4), the following

sub-section shall be inserted, namely:—

“(5).— No borrower/defaulter/

/guarantor/surety shall, after receipt of

a notice for recovery of sum due from the

Collector, transfer by way of sale, lease

or otherwise any of his/its secured/

/unsecured assets without written

consent/order of the Collector.”

6. Insertion of new section, 5A.— After

section 5 of the principal Act, the following

new section shall be inserted, namely:—

“5A. Provisions of section 3 to apply for

all past dues.— On and from the date of

commencement of the Goa Public Moneys

(Recovery of Dues) (Amendment ) Act, 2014,

the sum due pertaining to any agreement/

/contract, referred in sub-section (1) of

section 3 of this Act, executed before such

commencement, also may be recovered as

per the procedure laid down in section 3 of

this Act, on such commencement.”


The Bill seeks to amend the long title, and

section 1 and 2 of the Goa, Daman and Diu

Public Moneys (Recovery of Dues) Act, 1986

(Act No. 10 of 1987) (hereinafter referred to as

the “said Act”), so as to remove the expression

“, Daman and Diu” from said Act.

The Bill further seeks to amend section 3 of

the said Act, so as to enable the Government

to expedite recovery of dues by filing recovery

proceedings against both, the borrower and

guarantor/surety. This will facilitate the

expeditious recoveries of sum due.

The Bill also seeks to insert a new sub-

-section (5) to section 3 of the said Act, so as

to prohibit the borrower/defaulter/guarantor/

/surety from transferring by way of sale, lease

or otherwise any of his/its secured/

/unsecured assets without written consent/

/order of the Collector, once he receives a

notice for recovery of sum due from the

Collector under the said Act.

The Bill seeks to insert a new section 5A in

the said Act, so as to make provision for

recovery of the outstanding dues in terms of

section 3 of the said Act, as proposed to be

amended.

This Bill seeks to achieve the above

objects.


754


No financial implications are involved in

this Bill.


No delegated legislation is involved in this

Bill.

Porvorim, Goa. ADV. FRANCIS D’SOUZA

13th August, 2014. Minister for Revenue




ANNEXURE..................................................................................................................................................

Extract of sections 1, 2 & 3 of the Goa, Damanand Diu Public Moneys (Recovery of Dues)

Act, 1986 (Act No. 10 of 1987)

.....................................................................................................

1. Short title, extent and commencement.— (1)This Act may be called the Goa, Daman and DiuPublic Moneys (Recovery of Dues) Act, 1986.

(2) It extends to the whole of the Union territoryof Goa, Daman and Diu.

(3) It shall come into force on such date as theGovernment may, by notification in the OfficialGazette, appoint.

2. Definitions.— In this Act, unless the contextotherwise requires,—

(a) “Agriculture” includes horticulture, raisingof crops, grass or garden produce, animalhusbandry, dairy farming, poultry farming andbreeding of livestock;

(b) “Bank” means—

(i) a banking company as defined in theBanking Regulation Act, 1949;

(ii) the State Bank of India constituted underthe State Bank of India Act, 1955;

(iii) a subsidiary bank as defined in theState Bank of India (Subsidiary Banks)Act, 1959;

(iv) a corresponding new bank constituted,under the Banking Companies (Acquisitionand Transfer of undertakings) Act, 1970;

(v) any banking Institution notified by theCentral Government under section 51 of theBanking Regulations Act, 1949;

(vi) any other financial institution notifiedby the State Government by a notification inthe Official Gazette as a bank for the purposesof this Act.

1[(bb) ‘Collector’ means the Collector of adistrict and includes any other officerappointed by the State Government toexercise and perform all or any of the powersand functions of a Collector under this Act;].

(c) “Corporation” means the FinancialCorporation established or functioning in thisUnion territory and includes any otherCorporation owned or controlled by the Centralor the State Government specified by the StateGovernment by a notification in the OfficialGazette.

(d) “Financial Assistance” means any kind offinancial assistance given:—

(i) for establishing, expanding, modernising,renovating or running any industrialundertaking; or

(ii) for the purpose of vocational training;or

(iii) for the development of agriculture oragro industry; or

(iv) for the purpose of any kind of planneddevelopment recognised by the StateGovernment; or

(v) for relief against distress caused by fire,or serious drought, flood or other naturalcalamities; or

(vi) for the purpose of carrying out anyGovernment sponsored scheme; or

(vii) for any other prescribed purpose.

(e) “Government Company ” means aGovernment Company as defined under section617 of the Companies Act, 1956.

(f) “Industrial concern” shall have the samemeaning as is assigned to that expression in theState Financial Corporation Act, 1951.

(g) “Industrial undertaking” includes anyundertaking for the manufacture, preservation,storage or processing of goods or the generation



755

or distribution of electricity or any other form ofenergy, or for the development of any contiguousarea of land as an industrial estate.

Explanation:— The expression “processing ofgoods” includes any act or process for producing,repairing or making an article by subjecting anymaterial to a manual, chemical, electrical or anyother like operation;

(i) “prescribed” means prescribed by rulesmade under this Act.

(ii) “Government sponsored scheme” meansa scheme sponsored or adopted by the StateGovernment or an Officer authorised by it inthis behalf for development of agriculture orindustry and notified as such by theGovernment or the authorised officer, by anotification in the Official Gazette for thepurpose of this Act.

(h) “State Government” means the Governmentof Goa, Daman and Diu.

3. Recovery of dues as arrears of land revenue.—(1) Where any person is a party—

(a) to any agreement relating to a loan, advanceor grant given to him or relating to credit inrespect of, or relating to hire purchase ofgoods sold to him by the State Government,the Corporation or as the case may be, theGovernment Company by way of financialassistance; or

(b) to any agreement relating to a loan, advanceor grant given to him relating to credit in respectof, or relating to hire purchase of goods sold tohim by a Bank or Government Company, as thecase may be under Government sponsoredscheme; or

(c) to any agreement relating to a guaranteegiven by the State Government or the Corporationin respect of a loan raised by an industrialconcern; or

(d) to any agreement providing that any moneypayable thereunder to the State Government orthe Corporation shall be recoverable as arrears ofland revenue 2[under the provisions of the Goa,Daman and Diu Land Revenue Code, 1968 (Act 9of 1969)]; and such person—

(i) makes any default in payment of the loanor advance of any instalment thereof; or

(ii) having become liable under theconditions of the grant to refund the grant orany portion thereof, makes any default in therefund of such grant or portion or anyinstalment thereof, or

(iii) otherwise fails to comply with theterms of the agreement—

then, in the case of the State Government suchOfficer as may be authorised in that behalf bythe State Government by notification in theOfficial Gazette, in the case of a Corporation ora Government Company, the ManagingDirector thereof or where there is no ManagingDirector, the Chairman thereof, by whatevername called, and in the case of a Bank, the localagent thereof by whatever name called, maysend to the Collector a certificate as early aspossible in the prescribed form mentioning thesum due from such person and requesting thatsuch sum may be recovered as if it were anarrear of land revenue 3[under the provisionsof the Goa, Daman and Diu Land Revenue Code,1968 (Act 9 of 1969)].

(2) The Collector on receiving the certificate

shall after making such enquiries (including giving

hearing to the party affected) as he deems fit

proceed to recover the amount stated therein as

aforesaid as arrears of land revenue 4 [under the

provisions of the Goa, Daman and Diu Land Revenue

Code, 1968 (Act 9 of 1969)].

(3) On recovery of any amount under sub-section

(2), the same shall be paid over to the State

Government, Corporation, Government Company or

as the case may be, bank after deducting, except in

the case of amount to be paid to the State

Government; such portion of the amount realised,

as cost of collection, as the Collector, may deem to

be reasonable.

(4) No suit for the recovery of any such due as

aforesaid shall lie in a Civil Court against any person

referred to in sub-section (1) and no injunction shall

be granted by a Civil Court in respect of any action

taken or intended to be taken in pursuance of the

right conferred by this section.





756

LA/LEGN/2014/1181


_______

The Goa Mundkars (Protection fromEviction) (Amendment) Bill, 2014

(Bill No. 18 of 2014)

A

BILL

further to amend the Goa, Daman and DiuMundkars (Protection from Eviction) Act,1975 (Act 1 of 1976).


1. Short title and commencement.— (1) ThisAct may be called the Goa Mundkars(Protection from Eviction) (Amendment) Act,2014.


2. Insertion of new sections 37A and 37B.—After section 37 of the Goa, Daman and DiuMundkars (Protection from Eviction) Act, 1975(Act 1 of 1976), the following sections shall beinserted, namely:—

“37A. Time limit for applications anddisposal.— (1) No Mamlatdar shall entertainany application under section 8A and/or 16of this Act unless it is filed within a periodof one year from the date of commencementof the Goa Mundkars (Protection fromEviction) (Amendment) Act, 2014.

(2) Every application filed undersub-section (1) shall be disposed off bythe Mamlatdar within a period ofone year from the date of receiptthereof.

37B. Disposal of proceedings.— (1) Allapplications filed under sections 8A and 16and/or proceedings pending under section29 of this Act, before the commencement ofthe Goa Mundkars (Protection fromEviction) (Amendment) Act, 2014, shallbe disposed off by the Mamlatdar withina period of one year from suchcommencement.

(2) No adjournments shall be granted bythe Mamlatdar in any matter pending beforehim except on medical grounds or forreasons to be specified in writing. Onceadjournment is refused, the Mamlatdar shallproceed to dispose the matter before himon merits.”.


The Goa, Daman and Diu Mundkars

(Protection from Eviction) Act, 1975, (Act 1 of

1976) (hereinafter referred to as the “said Act”)

is beneficial legislation which was enacted for

protection of mundkars in the year 1975. Over

a period of almost four decades, various

mundkars have been protected from being

evicted from their dwelling houses. The

Mamlatdars and Joint Mamlatdars are

disposing the matters pertaining to mundkars

and as of now there are around 2800 cases

pending for disposal with the office of

Mamlatdars, in the entire State of Goa.

The Bill seeks to introduce Sunset clause to

Goa, Daman and Diu Mundkars (Protection

from Eviction) Act, 1975, and hence a new

section 37A is proposed to be introduced to

make a provision that all applications under

section 8A and/or section 16 will have to be

filed within a period of one year from the date

of commencement of Goa Mundkars

(Protection from Eviction) (Amendment) Act,

2014. Further, it is provided that all such

applications filed shall be disposed off within

a period of one year from the date of receipt of

such application.

The Bill also seeks to make a provision to

provide for disposal of pending proceedings,



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vide inserting section 37B. Under the said

section it is sought to provide that all the

applications filed under section 8A and 16 and

proceedings under section 29 shall be

disposed off by the Mamlatdar within a period

of one year from the commencement of this

Amendment Act. Further, it is sought to

provide that no adjournment shall be granted

by the Mamlatdar in any matter pending

before him except on medical grounds and for

reason to be specified in writing.


No delegated legislation is involved in thisBill.



Porvorim, Goa. SHRI FRANCIS D’SOUZA


Assembly Hall, SHRI NILKANT SUBHEDAR



________

LA/LEGN/2014/1182


________

The Goa Agricultural Tenancy (Amendment)Bill, 2014

(Bill No. 20 of 2014)

A

BILLfurther to amend the Goa, Daman and Diu

Agricultural Tenancy Act, 1964 (Act 7 of1964).

Be it enacted by the Legislative Assemblyof Goa in the Sixty-fifth Year of the Republicof India, as follows:—

1. Short title and commencement.— (1) ThisAct may be called the Goa AgriculturalTenancy (Amendment) Act, 2014.


2. Amendment of section 2.— In section 2of the Goa, Daman and Diu AgriculturalTenancy Act, 1964 (Act 7 of 1964) (hereinafterreferred to as the “principal Act”),—

(i) clause (1) shall be omitted;

(ii) after clause (5), the following clauseshall be inserted, namely:—

“(5A) “Court of Senior Civil Judge”includes the Court of Junior Civil Judge;”;

(iii) for clause (15), the following clauseshall be substituted, namely:—

“(15) “Mamlatdar” means any personappointed by the Government toperform the duties of a Mamlatdar underthis Act and includes a JointMamlatdar;”;

(iv) in clause (19A), for the word“Mamlatdar”, the words “Court of SeniorCivil Judge” shall be substituted;

(v) for clause (23), the following clauseshall be substituted, namely:—

“(23) “tenant” means a person who onor after the date of commencement ofthis Act holds land on lease and cultivatesit personally and includes a person whois or was deemed to be a tenant underthis Act but shall not include a person,who is cultivating, or undertaking andcarrying out agricultural operations upona land by an agreement referred toin sub-section (1) of section 4A of thisAct;”;


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(vi) for clause (24), the following clauseshall be substituted, namely:—

“(24) “Tribunal” means the Court ofSenior Civil Judge; and”.

3. Insertion of new section 4A.— Aftersection 4 of the principal Act, the followingsection shall be inserted, namely:—

“4A. Contract farming.— (1) Notwith-standing anything contained in any otherprovisions of this Act, any person may, byan agreement entered into in writing, withthe landlord or an owner of the land, andduly registered with the Sub-Registrar of theTaluka within whose jurisdiction such landis situated, cultivate, or undertake andcarry out any agricultural operations upon,such land.

(2) A person referred to in sub-section (1)shall not be entitled to claim any benefitswhich a tenant is entitled to under this Act.

(3) A person referred to in sub-section (1)shall, immediately upon entering into suchagreement, inform the Directorate ofAgriculture about the details of such landand the agricultural operation being carriedout or proposed to be carried out by him onsuch land:

Provided that noting in this section shallapply to,—

(i) a land which is the subject matter ofany proceeding pending disposal onthe date of commencement of the GoaAgricultural Tenancy (Amendment)Act, 2014; and

(ii) a land which is the subject matter ofan application under section 7, 7A, 8,8A, 10, 11, 12, 14, 18A, 18B, 18C, 18E,18F, 18G, 18H, 18J and/or 18K of thisAct, filed after such commencement,within the time limit specified undersection 60C of this Act, till final disposalof such proceedings.”

4. Amendment of sections 7, 7A, 8, 8A, 10,11, 12, 14, 18B, 18C, 18E, 18F, 18G, 18H, 18J,

18K and 18L.— In sections 7, 7A, 8, 8A, 10, 11,12, 14, 18B, 18C, 18E, 18F, 18G, 18H, 18J, 18Kand 18L of the principal Act, for the word“Mamlatdar”, wherever it occurs, the words“Cour t of Senior Civil Judge” shall besubstituted.

5. Amendment of section 18.— In section 18of the principal Act,—

(i) for the word “Mamlatdar”, whereverit occurs, the words “Court of Senior CivilJudge” shall be substituted;

(ii) in sub-section (4), for the word“Collector”, the words “District Court”shall be substituted.

6. Amendment of section 18A.— In section18A of the principal Act,—

(i) for the word “Mamlatdar”, whereverit occurs, the words “Court of Senior CivilJudge” shall be substituted;

(ii) in sub-section (2), for the words “inappeal by the Collector or in revision by theAdministrative Tribunal”, the words “inappeal by the District Court” shall besubstituted.

7. Amendment of section 42A.— In section42A of the principal Act,—

(i) for sub-section (3), the followingsub-section shall be substituted, namely:—

“(3) Any sum which is payable by atenant or any other person towards thecost of any such work as is referred to insub-section (1) and any sum the paymentof which has been directed by an orderof the Mamlatdar or the Tribunal or theCollector including an order awardingcosts, shall be recoverable as an arrearsof land revenue:

Provided that such recovery shall notbe made and such order shall not beexecuted till the expiry of the period ofappeal or, as the case may be, ofapplication for revision as provided in thisAct.”;



759

(ii) after sub-section (3), the followingsub-section shall be inserted, namely:—

“(4) An order or decision of theMamlatdar in execution proceedings,subject to appeal, if any, shall befinal.”.

8. Omission of section 43.— Section 43 ofthe principal Act shall be omitted.

9. Amendment of section 46.— In section46 of the principal Act, the words “Mamlatdaror” shall be omitted.

10. Substitution of section 46A.— Forsection 46A of the principal Act, the followingsection shall be substituted, namely:—

“46A. Powers of the Court of Senior CivilJudge to inquire into contraventions.— TheGovernment may, in any case where it hasa reason to believe that there has been acontravention of the provisions of this Act,refer the matter to the Court of Senior CivilJudge to hold an inquiry into allegedcontravention.”.

11. Insertion of section 46B.— After section46A of the principal Act, the following sectionshall be inserted, namely:—

“46B. Transfer of pending applications,appeals and revisions.— (1) All applicationsand/or proceedings under sections 7, 7A,8, 8A, 10, 11, 12, 14, 18, 18A, 18B, 18C, 18E,18F, 18G, 18H, 18J and 18K of this Act filedand pending with the Mamlatdarimmediately before the commencement ofthe Goa Agricultural Tenancy (Amendment)Act, 2014, shall, on such commencement,stand transferred to the Court of Senior CivilJudge and such Court of Senior Civil Judgemay proceed to deal with such matters fromthe stage at which they have reached beforesuch transfer or from any earlier stage orde novo as such Court of Senior Civil Judgemay deem fit.

(2) All appeals and revisions pertainingto the applications and/or proceedingsreferred to in sub-section (1) filed and

pending with the Collector immediatelybefore the commencement of the GoaAgricultural Tenancy (Amendment) Act,2014, shall, on such commencement, standtransferred to the District Court and suchDistrict Court may proceed to deal with suchmatters from the stage at which they havereached before such transfer or from anyearlier stage or de novo as such DistrictCourt may deem fit.

(3) All appeals and revisions filed andpending with the Administrative Tribunalimmediately before the commencement ofthe Goa Agricultural Tenancy (Amendment)Act, 2014, shall, on such commencement,stand transferred to the District Court andsuch District Court may proceed to deal withsuch matters from the stage at which theyhave reached before such transfer or fromany earlier stage or de novo as such DistrictCourt may deem fit.”.

12. Omission of section 48.— Section 48 ofthe principal Act shall be omitted.

13. Substitution of section 49.— For section49 of the principal Act, the following sectionshall be substituted, namely:—

“49. Appeals.— (1) From every orderpassed by the Mamlatdar before thecommencement of the Goa AgriculturalTenancy (Amendment) Act, 2014 or by theCourt of Senior Civil Judge after suchcommencement, or by the Tribunal, an appealshall lie to the District Court and the orders ofthe District Court on such appeal shall befinal.

(2) From every original order passed bythe Collector, an appeal shall lie to theDistrict Court and the orders of the DistrictCourt on such appeal shall be final.”.


“50. Revision.— Where no appeal liesunder this Act, the District Court may, on


760

an application made by an aggrievedperson, at any time, call for the record ofthe proceedings before the Mamlatdar, orthe Collector, or the Tribunal, or the Courtof Senior Civil Judge, for the purpose ofsatisfying itself as to the legality or proprietyof any order passed by or as to the regularityof the proceedings before such Mamlatdar,or the Collector, or Tribunal, or Court ofSenior Civil Judge, and pass such order asit may deem fit:

Provided that no such record shall becalled for after the expiry of one year fromthe date of such order.”.


“51. Extent of powers in appeal orrevision.— (1) The District Court in appealor in revision, as the case may be, mayconfirm, modify or rescind the order inappeal or revision or its execution or mayremand the case for disposal with suchdirection as deemed fit or pass such otherorder as may seem legal and justin accordance with the provisions of thisAct.

(2) The orders passed in appeal orrevision shall be executed in the mannerprovided for the execution of the ordersunder this Act.”.

16. Insertion of new section 51A.—After section 51 of the principal Act, thefollowing section shall be inserted,namely:—

“51A. Finality of decisions of Collector.––Every order or decision of the Collector,against the order of the Mamlatdar orTribunal, passed before the commencementof the Goa Agricultural Tenancy(Amendment) Act, 2014, shall be final andconclusive.”.

17. Amendment of section 52.— In section52 of the principal Act,—

(i) in sub-section (1), for the word“Collector”, the words “Court of Senior CivilJudge” shall be substituted;

(ii) for sub-section (2), the followingsub-section shall be substituted, namely:—

“(2) Notwithstanding anythingcontained in the Court-fees Act, 1870(7 of 1870), every application made to theMamlatdar, or the Tribunal, or theCollector, or the Court of Senior CivilJudge, and every appeal or applicationmade to the District Court, under this Act,shall bear a court-fee stamp of such valueas may be prescribed.”.

18. Amendment of section 53.— In section53 of the principal Act, for the expression“inquiries, appeals and proceedings underthis Act and in revision by the Collector” theexpression “inquiries and proceedings underthis Act” shall be substituted.


“58. Protection of action taken in goodfaith.— No suit, prosecution or other legalproceedings shall lie against any person foranything which is in good faith done orintended to be done under this Act or anyrule made thereunder.”.

20. Amendment of section 59.— In section59 of the principal Act, for the words “Tribunaland Collectors” the expression “Tribunal,Collectors and Court of Senior Civil Judge”shall be substituted.

21. Insertion of new sections 60C and 60D.—After section 60B of the principal Act, thefollowing sections shall be inserted, namely:—

“60C. Time limit for Applications.— NoCourt of Senior Civil Judge shall entertainany application under section 7, 7A, 8, 8A,10, 11, 12, 14, 18, 18A, 18B, 18C, 18E, 18F,18G, 18H, 18J and/or 18K of this Act unlessit is filed within a period of one year fromthe date of commencement of the GoaAgricultural Tenancy (Amendment) Act,2014.



761

60D. Validation of notices, proceedings,orders, etc., of the Joint Mamlatdar underthis Act.— (1) Notwithstanding anythingcontained in this Act, or in any judgment,decree or order of any Court, Tribunal orother authority to the contrary, all noticesgiven, inquiries held, disputes decided,proceedings conducted, orders passed andall actions taken or acts done by any JointMamlatdar, by exercising the powers ofMamlatdar under this Act before thecommencement of the Goa AgriculturalTenancy (Amendment) Act, 2014 shall, forall purposes, be deemed to be and to havealways been validly given, held, decided,conducted, passed, taken or done, as thecase may be, in accordance with theprovisions of this Act.

(2) No court shall have jurisdiction toentertain or try any suit or legalproceedings against the Government oragainst any officer of the Government or anyJoint Mamlatdars acting or purporting toact under this Act in connection with theexercise of powers of the Mamlatdar underthis Act whatsoever on the ground that theactions taken by such officers were illegalor invalid or irregular by reason of fact thatsuch officers were not legally empoweredto perform the functions of the Mamlatdarin accordance with the provisions of thisAct.”.


This Bill seeks to confer the powers of the

Mamlatdars under sections 7, 7A, 8, 8A, 10,

11, 12, 14, 18, 18A, 18B, 18C, 18E, 18F, 18G,

18H, 18J, 18K and 18L of the Goa, Daman and

Diu Agricultural Tenancy Act, 1964 (Act 7 of

1964)(hereinafter referred to as the said “Act”)

upon the Court of Senior Civil Judge. Similarly,

the appellate/revisional powers of Collector in

above matters and the powers of the

Administrative Tribunal under said Act are

sought to be conferred upon the District

Court.

The Bill further seeks to insert new section

4A in the said Act so as to introduce the

concept of contract farming in order to

maintain and secure the greenery and farming

activity, so also to avoid fertile land from

remaining fallow.

Clause (15) of section 2 of the said Act is

proposed to be substituted so as to include

the Joint Mamlatdars within the definition of

the word “Mamlatdar”, thereby enabling the

Joint Mamlatdars to exercise the powers

under the said Act.

The Bill also seeks to insert new section 60D

in the said Act so as to validate the notices

given, inquiries held, disputes decided,

proceedings conducted, orders passed and all

actions taken or acts done by any Joint

Mamlatdar, by exercising the powers of the

Mamlatdar, under the said Act.

The Bill also seeks to insert section 60C in

the said Act so as to fix the time limit of one

year to any person to file application under

sections 7, 7A, 8, 8A, 10, 11, 12, 14, 18, 18A,

18B, 18C, 18E, 18F, 18G, 18H, 18J and/or 18K

of the said Act.





No delegated legislation is involved in thisBill.

Porvorim, Goa. SHRI FRANCIS D’SOUZA


Assembly Hall, SHRI N. B. SUBHEDAR




762

ANNEXURE

..............................................................EXTRACT OF PROVISIONS OF THE GOA,

DAMAN AND DIU AGRICULTURAL TENANCYACT, 1964 (ACT 7 OF 1964) SOUGHT TO BE

AMENDED..............................................................................

2. Definitions.— In this Act, unless there isanything repugnant to the subject or context.

(1) “Administrative Tribunal” means theAdministrative Tribunal constituted under the Goa,Daman and Diu Administrative Tribunal Act, 1965.

(15) “Mamlatdar” means any person appointedby the Government to perform the duties of aMamlatdar under this Act;”

(19A) “purchase price” means the pricedetermined by the Mamlatdar under section 18C;

(23) “tenant” means a person who on or after thedate of commencement of this Act holds land onlease and cultivates it personally and includes aperson who is [or was] deemed to be a tenant underthis Act;

(24) “Tribunal” means the Tribunal constitutedunder this Act; and

7. Question of tenancy.— If any question ariseswhether any person is a [or was] tenant or should bedeemed to be a tenant under this Act the Mamlatdarshall, after holding an inquiry, decide such question.[“In any such enquiry, the Mamlatdar shall presumethat any statement as to the existence of a right oftenancy in a record of rights prepared in theprescribed manner under and in accordance withthe provisions of this Act, is true”].

“7A. Question as to nature of land.— If anyquestion arises as to whether any land is or is notused for agricultural purposes the Mamlatdarshall, after holding an inquiry, decide suchquestion.”

8. Bar to eviction and restoration of possession.—(1) No tenancy of any land shall be terminated andno person holding land as a tenant shall be liable tobe evicted therefrom save as provided under thisAct.

(2) Where any such person as is referred to insection 4 has been evicted from the land on or afterthe 1st July, 1962 such person shall be entitled torecover immediate possession of the land in themanner prescribed by or under this Act unless the

landlord proves that the termination of tenancy wasin the manner authorised under section 9.

(3) Where any such person as is referred to insection 5 was evicted from such land on or after the19th of December, 1961 but before the 1st of July,1962, such person shall, in the manner prescribedby or under this Act, be entitled to recoverpossession of the land if—

(i) he applies to the Mamlatdar within sixmonths from the day of coming into force of thisAct stating that he agrees to become a tenant onthe same terms and conditions as existed beforeand as modified by the provisions of this Act;

(ii) he proves that the eviction was malafiedand was intended to defeat the purposes of thisAct; and

(iii) he pays to the landlord the arrears of rent,if any, due from him under the terms of his tenancyor gives sufficient secure therefore:

Provided that where the land from which suchperson was evicted had been leased out by thelandlord to another person for any perk after thesaid date, the evicted person shall not be entitledto recover possession before the first day of theyear immediately following the year in which thisAct comes into force.

(4) Notwithstanding anything contained in theforegoing provision where the Government issatisfied that a tenant has for reasons beyond hiscontrol omitted to take step for restoration ofpossession within the time prescribed therefore, itmay on its own motion, direct the Mamlatdar toentertain and dispose of an application.

(5) Notwithstanding anything contained in theother provisions this Act, where a person who washolding land on lease from landlord has, in casescoming under section 4, on or after the 1st July, 1962,and in cases coming under section 5, on or after the19th December, 1961, surrendered his right of tenancyto the landlord on or before the 28th July, 1964, heshall not be entitled to restoration of possessionunder this Act, if such surrender was voluntary andwas made before the Administrator of the Concelho,in accordance with the rules and orders, if any, inthat behalf or is found to be genuine by theMamlatdar after holding an enquiry.

[“8A. Relief in certain cases of threatenedwrongful dispossession.— (1) Any tenant inpossession of any land or dwelling house who



763

apprehends that he may be dispossessed contraryto the provisions of this Act, may apply in theprescribed manner to the Mamlatdar for an ordersafe guarding his right to possession.

(2) On such application, the Mamlatdar if he issatisfied on holding such enquiry as may beprescribed, that the applicant is entitled tocontinue in possession, shall, by order, direct thelandlord or any person claiming through him torefrain from disturbing it otherwise than inaccordance with law.

(3) In any proceeding under this section, if it isproved to the satisfaction of the Mamlatdar byaffidavit or otherwise that the opponent threatensto dispossess the applicant, he may by order granta temporary injunction restraining suchdispossession or otherwise causing injury untilthe final disposal of the proceeding or untilfurther orders.

In all such cases the Mamlatdar shall, exceptwhere it appears that the object of granting theinjunction would be defeated by delay, issuenotice of the application to the opponent beforegranting an injunction.

(4) Any person dispossessing a tenant incontravention of an order made under sub-section(2) or (3), in addition to any other penalty to whichhe is subject, on application made by the tenantwithin thirty days of such dispossession, andnotwithstanding anything to the contrary in anyother provision of this Act, be summarily evictedby the Mamlatdar who shall thereupon restorepossession to the tenant”]

10. Surrender by tenant.— (1) Any tenant maysurrender his right of tenancy in respect of any landto the landlord and thereupon the tenancy in respectof that land shall stand terminated if the followingconditions are satisfied:

(i) the surrender is made at least one monthbefore the commencement of the year;

(ii) it is made by the tenant in writing and isadmitted by him before the Mamlatdar;

(iii) it is made voluntarily and in good faith tothe satisfaction of the Mamlatdar;

(iv) it is approved by the Mamlatdar; and

(v) the conditions in clauses (a) to (d) of sub-section (4) of section 20 are satisfied.

(2) Where the land is cultivated jointly by jointtenants or members of joint family, the surrender,

unless it is made by all of them shall be ineffectivein respect of such joint tenants or members, as thecase may be, as have not joined in the applicationfor surrender.

(3) Where the Mamlatdar is of opinion that theconditions mentioned in sub-section (1) are notsatisfied, he may, after giving a reasonableopportunity to the landlord to show cause againsttaking action under this sub-section, and holdingsuch enquiry as he may;

(i) refuse to approve the surrender, or

(ii) submit the case to the Government fororders under the next sub-section.

(4) Where a case is submitted under thepreceding sub-section, the Government may, byorder, transfer the tenancy right to any other person,including a Comunidade, a Cooperative Society or aPanchayat, who, in its opinion, is a fit and properperson to be a tenant, and thereupon such otherperson shall be deemed to be a tenant for thepurposes of this Act.

11. Termination of tenancy by landlord.— (1) Thelandlord may terminate a tenancy on the ground thatthe tenant:

(a) has failed to pay the rent for any period onor before the date or dates fixed by or under thisAct, or

(b) has done any act which is destructive orpermanently injurious to the land, or

(c) has sub-divided, sub-let, or assigned anyinterest in the land, otherwise than as permittedunder sections 14 and 15, or

(d) has failed to cultivate the land personally,or

(e) has used such land for a purpose other thanagriculture.

(2) No tenancy of any land held by a tenant shallbe terminated on any of the grounds mentioned inthis section unless the landlord gives at least ninetydays notice in writing to the tenant intimating hisdecision to terminate the tenancy and the groundfor such termination and unless within that periodthe tenant has failed to remedy the breach for whichthe tenancy is liable to be terminated:

Provided that where the said breach occurs forthe second time the tenant shall be liable to pay tothe landlord by way of penalty a sum equal to 50 percent of the rent payable for that season for the landin relation to which the breach has occurred:


764

Provided further, that where a breach of the samekind occurs on more than two consecutive occasionsno such notice as is referred to above shall benecessary and the landlord shall be entitled tostraight away make an application to the Mamlatdarunder sub-section (4).

(3) The tenancy of a tenant who is a minor, or issubject to physical or mental disability, or is a servingMember of the Defence Forces shall not beterminated on the ground only that the landcomprised in the tenancy has been sub-let by or onbehalf of such tenant.

(4) Where the landlord after the expiry of theperiod of notice, if any, mentioned in sub-section (2)decides to terminate the tenancy under this section,he shall within such time as may be prescribed applyto the Mamlatdar for permission to do so and theMamlatdar may accord permission or, if he considersit necessary for reasons to be recorded in writingand after considering the objections, if any, of thelandlord, submit the case to the Government fororders sub-section (4) of section 10.

12. Special provisions regarding termination fornon-payment of rent.— (1) Where the tenancy of anyland held by a tenant is terminated for non-paymentof rent and the landlord files any proceeding to ejectthe tenant, the Mamlatdar shall call upon the tenantto tender to the landlord the rent in arrears togetherwith the cost of the proceedings within thirty daysfrom the date of the order and if the tenant complieswith such order, the Mamlatdar shall, in lieu ofmaking an order of ejectment, pass an orderdirecting that the tenancy has not been terminated,and thereupon the tenant shall hold the land as ifthe tenancy had not been terminated:

Provided that nothing in this section shall applyto any tenant whose tenancy is terminated for non-payment of rent if he has failed for any three years topay rent within the period fixed by or under this Actand the landlord has complied with therequirements, if any, of any notice to the tenant byor under this Act.

(2) The landlord may apply to the Mamlatdar inthe prescribed form for recovery of arrears of rent forany period not exceeding three years. The Mamlatdarmay, after such enquiry as he considers necessary,pass such order as he deems fit. The Mamlatdar inpassing an order shall allow the tenant to set off thesum, if any, paid by him to the landlord within theperiod of three years immediately preceding thedate of application made under sub-section (1) inexcess of the rent due from him:

Provided that if the Mamlatdar is satisfied that inconsequence of a total or partial failure of crops orsimilar calamity the tenant has been unable to paythe rent due, the Mamlatdar may, for reasons to berecorded in writing,

(i) direct, after hearing the landlord, that norent shall be payable for the period of such failureof crops by the tenant, or

(ii) direct, after hearing the tenant and thelandlord, that the arrears of rent, or such partthereof as may be considered reasonable by theMamlatdar, together with the cost of proceedings,if awarded, shall be paid within one year from thedate of the order and that if before expiry of thesaid period the tenant fails to pay the said arrearsof rent and costs the tenancy shall be deemed tobe terminated and the tenant shall be liable to beevicted.

(3) When a tenant tenders an amount on accountof rent to the landlord for any period and if thelandlord refuses to receive it or grant a receipt for it,the tenant may present to the Mamlatdar anapplication in writing for permission to deposit inhis office the full amount of rent. The Mamlatdar mayreceive the amount in deposit and give a receipt forit. Notice of the amount so deposited shall be givento the landlord and if the Mamlatdar is satisfied thatthe payment by the tenant was bona fide it shall bepaid to the landlord, and thereupon it shallconstitute a discharge of the tenant’s liability inrespect of the rent for such period and no claim orapplication by a landlord for rent shall bemaintainable in respect of the period for which therent has been so deposited by the tenant.

14. Rights of tenants are heritable.— (1) Where atenant dies the landlord shall be deemed to havecontinued the tenancy —

(a) if such tenant was a member of a joint family,to the surviving member or members of the saidfamily, and

(b) if such tenant was not a member of a jointfamily, to his, heir or heirs on the same terms andconditions on which such tenant was holding itat the time of his death.

(2) The surviving members, or as the case may be,the heirs to whom the tenancy is continued undersub-section (1) shall be entitled to partition and sub--division of the land leased subject to the followingconditions:

(a) each sharer shall hold his share as a separatetenant;



765

(b) the rent payable in respect of the landleased shall be apportioned among the sharesaccording to share allotted to them;

and if any question arises regarding the sharesor the apportionment of the rent payable by thesharers, it shall be decided by the Mamlatdarwhose decision shall be final.

[“Provided, however, that no partition or sub--division shall be permissible if the share allottedto any heir or any co-partner together with anyother land already held by him is less than 1/3hectare of morod land and 1/4 hectares of Khajanor Kher land.

Explanation.— The allotment of a separatenumber to any portion of the land for the purposesof land records or land survey under any law forthe time being in force shall not, by itself amountto a sub-division or partition for the purpose ofthis sub-section”.]

(3) Where any question arises as to the person orpersons in whose favour tenancy is deemed to havebeen continued under the foregoing provisions, suchquestion shall be determined by the Mamlatdar afterhearing the landlord and other persons interestedin the matter:

Provided that nothing in this sub-section shallpreclude the rights of parties being determined bya court of law.

18. Procedure for taking possession.— (1) A tenantentitled to possession of any land or dwelling houseunder any of the provisions of this Act may apply inwriting for such possession to the Mamlatdar. Theapplication shall be made in such form and withinsuch period as may be prescribed by or under thisAct.

(2) No landlord shall obtain possession of any landor dwelling house held by a tenant except under anorder of the Mamlatdar, for which he shall make anapplication in such form and within such period asmay be prescribed by or under this Act.

(3) On receipt of an application under sub-section(1) or (2) the Mamlatdar shall, after holding anenquiry, pass such orders thereon as he deems fit,with due regard to the other provisions of this Actand the Rules.

(4) Any tenant or landlord taking possession ofany land or dwelling house except in accordancewith the provisions of sub-section (1) or (2), shall beliable to forfeiture of crops, if any, grown in the landin favour of the landlord or the tenant, as the case

may be, in addition to payment of such costs as maybe awarded by the Mamlatdar or by the Collector onappeal and also to the penalty, if any, prescribed byor under this Act.

(5) The Government may, by notification, directthat the provisions of the foregoing sub-sectionsshall apply to sites used for allied pursuits as theyapply to sites of dwelling houses of an agriculturistand thereupon the provisions shall so apply.

18A. Tenants deemed to have purchased landson tillers’ day.— (1) On the tillers’ day, every tenantshall, subject to the other provisions of this Act, bedeemed to have purchased from his landlord the landheld by him as a tenant and such land shall vest inhim free from all encumbrances subsisting on thesaid day.

(2) Where a tenant, on account of his eviction fromthe land by the landlord before the tillers’ day, is notin possession of the land on the said day, but hasmade or makes an application for possession of theland under section 18 within the period specifiedtherein, then, if the application is allowed by theMamlatdar or, as the case may be, in appeal by theCollector or in revision by the AdministrativeTribunal, he shall be deemed to have purchased theland on the day on which the final order allowingthe application is passed.

(3) Where a tenant referred to in sub-section (2)has not made an application for possession withinthe period specified under section 18 or theapplication made by him is finally rejected underthis Act, and the land is held by any other person astenant on the expiry of the said period or on the dateof the final rejection of the application, such otherperson shall be deemed to have purchased the landon the date of the expiry of the said period or, as thecase may be, on the date of the final rejection of theapplication.

(4) If a tenant is not in possession of the land onthe tillers’ day on account of his being dispossessedotherwise than in the manner provided in section11 and the land is—

(a) in possession of the landlord or his successorin interest; and

(b) not put to a non-agricultural use, theMamlatdar shall notwithstanding anythingcontained in this Act, either suo motu or on theapplication of the tenant, hold an inquiry anddirect that such land shall be taken from the


766

possession of the landlord or, as the case may be,his successor in interest and shall be restored tothe tenant and the provisions of this Chapter shall,in so far as they may be applicable, apply thereto,subject to the modification that the tenant shallbe deemed to have purchased the land on thedate on which the land is restored to him:

Provided that the tenant shall not be entitledto restoration under this sub-section unless heundertakes to cultivate the land personally.

Explanation.— In this sub-section, “successor--in-interest” means a person who acquires theinterest by testamentary disposition or devolutionon death.

(5) In respect of the land deemed to have beenpurchased by a tenant under sub-section (1),—

(a) the tenant-purchaser shall be liable to payto the former landlord the purchase price; and

(b) the tenant-purchaser shall be liable to payto the Government, the dues, if any, from thetillers’ day.

18B. Right of tenant to purchase land where he isa minor, etc.— (1) Notwithstanding anythingcontained in section 18A, where the tenant is a minoror a widow or a person subject to mental or physicaldisability or a serving member of the Defence Forces,the right to purchase land under that section maybe exercised—

(a) by the minor within one year from the dateon which he attains majority;

(b) by the successor in title of the widow withinone year from the date on which her interest inthe land ceases to exist;

(c) within one year from the date on which themental or physical disability of the tenant ceasesto exist;

(d) within one year from the date on which thetenant ceases to be a serving member of theDefence Forces:

Provided that where a person of any suchcategory is a member of a joint family, theprovisions of this sub-section shall not apply ifat least one member of the joint family is outsidethe categories mentioned in this sub-section,unless before the tillers’ day the share of suchperson in the joint family has been separated bymetes and bounds, and the Mamlatdar oninquiry is satisfied that the share of such personin the land is separated having regard to the

area, assessment, classification and the value ofthe land, in the same proportion as the share ofthat person in the entire joint family property.

(2) A tenant desirous of exercising the rightconferred on him under sub-section (1) shall give anintimation in that behalf to the landlord and theMamlatdar within whose jurisdiction the land issituated in the prescribed manner within the periodspecified in that sub-section.

(3) The provisions of section 18A and sections 18Cto 181 shall, so far as may be applicable, apply tosuch purchase.

18C. Mamlatdar to issue notices and determineprice of land to be paid by tenants.— (1) As soon asmay be after the tillers’ day, the Mamlatdar shallpublish or cause to be published a public notice inthe prescribed form in the Official Gazette and alsoin such other manner as may be prescribed callingupon—

(a) all tenants who under section 18A aredeemed to have purchased the lands;

(b) all landlords of such land; and

(c) all other persons interested therein, toappear before him on the date specified in thenotice.

[“(2) Notwithstanding anything contained in sub-section (1), the Mamlatdar may, on his own motionor on an application from any person who has beencalled upon to appear before him under sub-section(1), give an opportunity to appear before him on anysubsequent day, time and place other than thatspecified in the public notice under sub-section (1),to—

(a) such tenants or such persons claiming tobe tenants;

(b) such landlords and other interested parties,who had appeared before the Mamlatdar inresponse to notice published under sub-section(1)”;]

(3) The Mamlatdar shall record in the prescribedmanner the statement of the tenant whether he is oris not willing to purchase the land held by him as atenant.

(4) Where any tenant makes a statement that heis not willing to purchase the land, the Mamlatdarshall, by an order in writing declare that such tenantis not willing to purchase the land and that thepurchase is ineffective:



767

Provided that if such order is passed in default ofthe appearance of any party, the Mamlatdar shallcommunicate such order to the parties and any partyon whose default the order was passed may withinsixty days from the date on which the order wascommunicated to him apply for the review of thesame.

(5) If a tenant is willing to purchase, theMamlatdar shall, after giving an opportunity to thetenant and the landlord and all other personsinterested in such land to be heard and after holdingan inquiry determine the purchase price for suchland in accordance with the provisions of section18D.

(6) In the case of a tenant who is deemed to havepurchased the land on a date subsequent to thetiller’s day, the Mamlatdar shall, as soon as may beafter such day, determine the price of the land.

18E. Mode of payment of purchase price bytenant.— (1) On the determination of the purchaseprice by the Mamlatdar under section (18C, thetenant shall deposit the purchase price with theMamlatdar the manner provided in this section.

(2) The tenant shall have the option to depositthe purchase price either in lumpsum or in ten equalannual instalments.

(3) The first instalment of the purchase price orwhere the purchase price is payable in a lumpsumunder sub-section (2), the lumpsum, shall be paid bythe tenant within a period of six months from thedate of passing of the order of the Mamlatdar undersection 18C.

(4) The second or subsequent instalments of thepurchase price shall be paid within a period of oneyear from the date on which the previous instalmentwas due.

(5) Where the lumpsum payment or anyinstallment of the purchase price has not beendeposited on the due date, the amount in defaultshall carry interest at the rate of six per cent perannum.

18F. Amount of purchase price to be appliedtowards satisfaction of debts.— (1) The Mamlatdarshall in an inquiry held under section 18C, determineany encumbrances lawfully subsisting on the landon the tillers’ day.

(2) If the total amount of the encumbrances is lessthan the purchase price determined under thatsection,—

(i) where the purchase price is paid inlumpsum, it shall be deducted from the purchaseprice and the balance paid to the former landlord;

(ii) where the purchase price made payable ininstalments, the Mamlatdar shall deduct suchamount from such instalments towards thepayment of such encumbrances:

Provided that where under any agreement,award, decree or order of a court or under anylaw, the amount of the encumbrances isrecoverable in instalments, the Mamlatdar shalldeduct such amount as he deems reasonable fromthe instalments so payable.

(3) If the total amount of the encumbrances is morethan the amount so determined, the purchase pricein lumpsum or the instalments, as the case may be,shall be distributed in the order of priority and ifany person has a right to receive maintenance oralimony from the profits of the land the Mamlatdarshall also make deductions for payment out of thepurchase price.

(4) Nothing in this section shall affect the rightsof the holder of any such encumbrance to proceedagainst the former landlord in any other manner orunder any other law for the time being in force.

18G. Recovery of purchase price as arrears of landrevenue.— If the tenant-purchaser makes a defaultin the payment of the whole or part of the purchaseprice, the Mamlatdar shall, on an application madein this behalf by the landlord proceed to recover suchsum which is in arrears on the date of application,together with any interest due as arrears of landrevenue.

18H. Purchase to be ineffective on tenant-purchaser’s failure to pay purchase price.— (1) Onthe deposit of the purchase price in lumpsum or ofthe first installment of such price, the Mamlatdarshall issue a certificate of purchase in the prescribedform to the tenant purchaser in respect of the landand such certificate shall, subject to sub-section (2),be conclusive evidence of the purchase.

(2) In the event of failure of recovery of purchaseprice as arrears of land revenue under section 18G,the purchase shall be ineffective and the land shallbe at the disposal of the Mamlatdar under section18J and any amount deposited by such tenant--purchaser towards the price of the land shall berefunded to him.

18J. Power of Mamlatdar to resume and dispose ofland not purchased by the tenant.— (1) Where the


768

purchase of any land by the tenant under section18A becomes ineffective under section 18C orsection 18H or where a tenant fails to exercise theright to purchase the land held by him within thespecified period under section18B, the Mamlatdarmay, suo motu or on an application made in thisbehalf, and in cases other than those cases in whichthe purchase has become ineffective by reason ofsection 18C or section 18H, after holding a formalinquiry direct the land or part thereof shall bedisposed of in the manner provided in sub-section(2).

(2) The Mamlatdar shall make an order directingthat the land or part thereof referred to in sub-section(1) shall be disposed of by sale to any person in thefollowing order of priority:

(i) 75 per cent of such land shall be disposed ofby sale to persons belonging to the ScheduleCastes and Scheduled Tribes;

(ii) the land remaining after disposal in themanner provided in clause (i) shall be disposed ofby sale in the following order of priority, namely:—

(a) serving member of the Defence Forces oran ex-serviceman or a freedom fighter, whoagrees to cultivate the land personally;

(b) agricultural labourers;

(c) landless persons;

(d) a co-operative farming society registeredas such under the Maharashtra Co-operativeSocieties Act, 1960, as in force in the UnionTerritory of Goa, Daman & Diu.

Explanation 1.— Where the Mamlatdar has toselect under this sub-section one or more personshaving the same order of priority, preference shallbe given to a person residing in the village in whichthe land is situated. In the event of there being morethan one applicant having the same priority, the landshall be disposed of by sale, by drawing lots. Themaximum area of the land that shall be sold to anindividual shall be equivalent to one “economicholding” as defined in clause (e) of rule 2 of the Goa,Daman and Diu Land Revenue (Disposal ofGovernment Lands) Rules, 1971.

Explanation II.— For the purposes of thissub-section, “freedom fighter” means a person whohas,—

(a) suffered imprisonment or detention for aperiod of not less than six months; or

(b) become permanently incapacitated as aresult of any firing or lathi charge; or

(c) lost his job or means of livelihood or thewhole or part of any of his property, by reason ofhis participation in the national movement for theliberation of Goa, Daman and Diu.

(3) Where any land is disposed of under sub-section (2), the Mamlatdar shall determine the priceof the land in accordance with the provisions ofsection 18C and the price so determined shall bepaid in accordance with the provisions of section18E.

(4) Where any land or portion thereof is offered forsale under sub-section (2), but no person comesforward to purchase such land or portion, as the casemay be, it shall vest in the Government free from allencumbrances subsisting on the tillers’ day and thepurchase price payable by the Government to thelandlord in respect of the land so vested in theGovernment shall be paid in cash.

18K. Restrictions on transfers of land purchasedunder this Chapter.— No land purchased by a tenantunder this Chapter shall be transferred by sale, gift,exchange, mortgage, lease or assignment withoutthe previous sanction of the Mamlatdar:

Provided that no such sanction shall be necessarywhere the land is to be mortgaged in favour of theGovernment or a co-operative society for the purposeof a loan for effecting any improvement of such land.

18L. Power to make rules.— (1) The Governmentmay make rules for the purpose of carrying into effectthe provisions of this Chapter.

(2) Without prejudice to the generality of theforegoing power, such rules may provide for—

(a) the manner in which the tenant shouldintimate the landlord and the Mamlatdar undersub-section (2) of section 18B;

(b) the form of public notice and the manner inwhich it is so be published under sub-section (1)of section 18C;

(c) any other matter which is required to beprescribed.”]

42A. Procedure for regulating the discharge of jointresponsibility of tenants.— (1) When under any ofthe provisions of this Act, the duty and responsibilityof any work of conservancy, maintenance or repairof any bund, embankment, ridge, sluice gate or anyother work is that of more than one tenant,Government may, by rules regulate the manner inwhich such duty or responsibility shall bedischarged and also the determination and recovery



769

of the share of a tenant of the cost of a work to whichhe is under an obligation to contribute.

(2) Without prejudice to the generality of theforegoing, such rules may provide for —

(i) the constitution, functions and organisationof tenants associations for any local area;

(ii) the management and regulation of sourcesof income of the associations such as income fromtrees on bunds, operation of sluice-gates, fisheriesand such other sources of income as may beprescribed;

(iii) the termination of the beneficiaries of anywork, the apportionment an recovery of the costof such work from among them;

(iv) the manner in which works shall beexecuted; and

(v) the conditions and mode of payment ofGovernment’s contribution.

(3) any sum which is payable by a tenant or anyother person towards the cost of any such work as isreferred to in sub-section (1) shall be recoverable asarrears of land revenue.

Explanation:— For the purpose of this sectionthe term “tenant” shall include every person whocultivates the land personally].

43. Tribunal.— (1) For the purpose of this Act thereshall be a Tribunal consisting of not more than threemembers, called the Agricultural Lands Tribunal,for such area as the Government may, by notification,from time to time specify.

(2) Notwithstanding anything contained in sub--section (1) the Government may appoint any officernot below the rank of a Mamlatdar to be theAgricultural Lands Tribunal and to exercise thepowers and to perform the duties and functions ofthe said Tribunal under this Act in a Taluka or in anyother area as may be specified in this behalf.

(3) Save as otherwise provided, the qualificationsof the members constituting the Tribunal andconditions of service and all other matters relatingto the constitution or organisation of theAgricultural Lands Tribunal shall be such as may beprescribed.]

46. Commencement of Proceedings.— Save asotherwise expressly provided by or under this Actall inquiries and other proceedings before theMamlatdar or Tribunal shall be commenced by an

application which shall contain the followingparticulars:

(a) the name, age, profession and place ofresidence of the applicant and the opponents;

(b) a short description and situation of theproperty of which possession is sought, or theamount of the claim, as the case may be;

(c) the circumstances out of which the causeof action arose;

(d) a list of the applicant’s documents, if any,and of his witnesses, and whether such witnessesare to be summoned to attend or whether theapplicant will produce then on the day of thehearing; and

(e) such other particulars as may be prescribed.

46A. Powers of the Mamlatdar to inquire intocontraventions.— (1) Notwithstanding the fact thatno application has been made to him in this behalfthe Mamlatdar may, upon information received orupon his own knowledge or suspicion, that any ofthe provisions of this Act have been contravenedhold an inquiry in the prescribed manner into thealleged contravention as if an application had beenmade to him in this regard.

(2) Government may, in any case where it hasreason to believe that there has been a contraventionof the provisions of this Act, direct the Mamlatdar tohold an inquiry into alleged contravention.

The powers of Government under this sub-sectionmay also be exercised by the Collector or any otherOfficer empowered in this behalf by Government].

48. Execution of order for payment of money orrestoring possession.— (1) Any sum the payment ofwhich has been directed by an order of theMamlatdar or the Tribunal or the Collector includingan order awarding costs, shall be recoverable fromthe person ordered to pay the same as an arrear ofland revenue; an order of the Mamlatdar or theTribunal awarding possession or restoring thepossession or use of any land shall be executed suchmanner as may be prescribed:

Provided that such recovery shall not be madeand such order ‘[other than an order directing therestoration of possession to a tenant] shall not beexecuted till the expiry of the period of appeal or, asthe case may be, of application for revision asprovided in this Act.


770

[Explanation:— For the purposes of thepreceding proviso the expression “tenant” shallnot include a person deemed to be a tenant undersection 4 or section 5].

(2) An order or decision of the Mamlatdar inexecution proceedings, subject to appeal, if any,shall be final.

49. Appeals.— (1) From every order [including anorder passed under chapter II-A] other than aninterim order passed by the Mamlatdar [or theTribunal] under this Act, an appeal shall lie to theCollector and the orders of the Collector on suchappeal shall be final, subject to revision, if any, by[the Administrative Tribunal.]

(2) From every original order other than an interimorder passed by the Collector and appeal shall lieto the [Administrative Tribunal] and the ordersof Administrative Tribunal on such appeal shallbe final.

50. Revision.— (1) where no appeal lies under thisAct, or none has been filed within the periodprovided for it, the Collector may, on his own motionor on an application made by an aggrieved personor on a reference made in this behalf by theGovernment, at any time call for the record of anyinquiry or the proceedings of any Mamlatdar [orTribunal] for the purpose of satisfying himself as tothe legality or propriety of any order passed by andas to the regularity of the proceedings of suchMamlatdar [or Tribunal] and pass such order thereonas he deems fit:

Provided that no such record shall be called forafter the expiry of one year from the date of suchorder and no order of such Mamlatdar shall bemodified, annulled or reversed unless opportunityhas been give to the interested parties to appearand be heard.

(2) An application for revision may be made to theAdministrative Tribunal against any order, otherthan an interim order of the Collector, on thefollowing grounds only:-

(a) that the order of the Collector was contraryto law;

(b) that the Collector has failed to determinesome material issue of law; or

(c) that there was a substantial error infollowing the procedure provided by this Act,which has resulted in the miscarriage of justice.

(3) On the coming into force of the Goa, Damanand Diu Agricultural Tenancy (Amendment) Act,1968, all revision applications pending with theGovernment shall stand transferred to theAdministrative Tribunal and shall be disposed of bythe said Administrative Tribunal as if they had beenfiled under sub-section (2).]

51. Extent of powers in appeal or revision.— (1)The Collector [or the Administrative Tribunal] inappeal orin revision, may confirm, modify or rescindthe order in appeal or revision or its execution ormay [remand the case for disposal with suchdirection as deemed fit or] pass such other order asmay seem legal and just in accordance with theprovisions of this Act.

(2) The orders passed in appeal or revision shallbe executed in the manner provided for theexecution of the orders of the Mamlatdar or theTribunal under this Act.

52. Limitation and Court Fees.— (1) Every appealor application for revision under this Act shall befiled within a period of sixty days from the date ofthe order of the Mamlatdar, Tribunal or Collector, asthe case may be and the provisions of sections 4, 5,12 and 14 of the Limitation Act, 1963, shall apply tothe filing of such appeal or application for revision.

(2) Notwithstanding anything contained in theCourt Fees Act, 1870 every appeal or applicationmade under this Act to the Mamlatdar, Tribunal,Collector or the [Administrative Tribunal] shall beara Court fee stamp of such value as may be prescribed.

53. Procedure.— (1) Subject to the other specific

provisions in this behalf, the procedure to befollowed by the Mamlatdar or the Tribunal or theCollector in all inquiries, appeals and proceedingsunder this Act and in revision by the Collector shallbe such as may be prescribed;

(2) Every decision or order passed under this Actshall be recorded in the form of an order which shallstate the reasons therefore.

(3) All inquiries and proceedings before theMamlatdar, the Tribunal, [and the Collector] shallbe deemed to be judicial proceedings within themeaning of sections 193, 219 and 228 of the IndianPenal Code.

58. Bar to jurisdiction of Courts.— (1) No suit orother proceeding shall lie against any person inrespect of anything which is in good faith done orintended to be done under this Act.



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(2) Save as provided in this Act, no Court shallhave jurisdiction to settle, decide or deal with anyquestion which is by or under this Act required tobe settled, decided or dealt with by the Mamlatdar,Tribunal Collector or Government, and no orderpassed by these authorities under this Act shall bequestioned in any Civil or Criminal Court.

59. Power to give directions.— The Governmentshall have power to issue directions or orders toMamlatdars, Tribunal and Collectors, to give effectto the provisions of this Act and the rules madethereunder.




________

LA/LEGN/2014/1183


________

The Goa Public Health (Amendment)Bill, 2014

(Bill No. 16 of 2014)

A

BILL

further to amend the Goa, Daman and DiuPublic Health Act, 1985 (Act 25 of 1985).


1. Short title and commencement.— (1) ThisAct may be called the Goa Public Health(Amendment) Act, 2014.


2. Amendment of section 29.— In section29 of the Goa, Daman and Diu Public Health

Act, 1985 (Act 25 of 1985) (hereinafterreferred to as the “principal Act”), in sub--section (2), the expression “(excludingtherapeutic massage)” shall be omitted.

3. Insertion of new sections 29A, 29B and29C.— After section 29 of the principal Act,the following sections shall be inserted,namely:—

“29A. Inspection of Massage Parlour//Spa.— (1) The Health Officer or any Officernot below the rank of DeputySuperintendent of Police as may beauthorized by the Government, shall, fromtime to time, inspect the massage parlour//spa or any establishment or premiseswherein massage parlour/spa is being runand also the registers that are required tobe maintained by them under this Act.The person in-charge of massage parlour//spa shall, at all time, allow such officer tocarry out such inspection. If uponinspection, the massage parlour/spa isfound being run in contravention of theprovisions of this Act or the rules framedthereunder, such Officer shall immediatelyinform about such contravention to theCollector, who shall immediately take allthe steps for closure of massage parlour//spa and send all the details thereof to theDirector who shall af ter affordingreasonable opportunity of being heardpass such order as he may deem fit in thematter.

(2) No officer referred to in sub-section(1) shall enter any room or area of themassage parlour/spa where the massageis being carried out without prior notice.

29B. Penalty for non-registration.— Amassage parlour/spa running withoutregistering shall be liable to a fine ofRs. 20,000/- (Rupees twenty thousandonly) or any amount as notified by theGovernment from time to time.

29C. Registration of masseur//therapists.— (1) No massage parlour/spashall employ a masseur/therapist, unless


772

he/she holds a certificate of registrationissued under sub-section (2), and amedical fitness certificate issued by theGovernment Hospital.

(2) Every person who desires to workas a masseur/therapist in a massageparlour/spa shall apply to such officer, insuch form and accompanied with such fee,as may be prescribed, for grant of acertificate of registration.

(3) The officer, on receipt of anapplication under sub-section (2), shall,after conducting such inquiry as he deemsfit, within a period of thirty days from thedate of receipt of such application, eithergrant or refuse to grant a certificate ofregistration. Every order of refusal to grantcertificate of registration shall be in writing.In case of refusal to grant such certificate,the applicant may file an appeal to theDirector.

(4) The certificate of registration to begranted under sub-section (3) shall be inthe prescribed form and shall be valid fora period of two years from the date of itsissue and renewable for the same periodthereafter. Before expiry of such certificate,the masseur/therapist shall get hiscertificate of registration renewed onpayment of such fee as may be prescribed.

(5) Every officer referred to in sub--section (2) shall maintain a register ofregistered masseurs/therapists.

(6) If any masseur/therapist is foundworking in any massage parlour/spawithout a valid certificate of registration,he shall be liable to a fine of Rs. 5,000/-(Rupees five thousand only) or any amountas notified by the Government from timeto time, and the owner of such massageparlour/spa also shall be liable to a fine ofRs. 10,000/- (Rupees ten thousand only) orany amount as notified by the Governmentfrom time to time.”.

4. Amendment of section 54.— In section54 of the principal Act, in sub-section (1), forclause (c), the following clause shall besubstituted, namely:—

“(c) any hotel, hostel, boarding house,choultry, rest-house, club or massageparlour/spa, or”.

5. Substitution of section 75A.— For section75A of the principal Act, the following sectionshall be substituted, namely:—

“75A. Builder and contractor to getemployees screened.— (1) No builder and//or contractor shall employ any employee//labourer at the construction site unlessthe builder and/or contractor gets suchemployee/labourer duly screened formalaria at the nearest Health Centre orat Mobile Squad of National MalariaEradication Programme. Similar screeningfor malaria shall be done once in everythree months.

(2) The Health Officer/Medical Officer ofthe Health Centre/Mobile Squad shall, afterscreening any employee/labourer formalaria and other sickness, issue a healthcard containing the photograph of theemployee/labourer and a certification asregards the health status of the employee//labourer so screened.

(3) Whenever demanded by the HealthOfficer, the builder/contractor or employee//labourer shall produce such health card.”.

6. Amendment of section 75AA.— Insection 75AA of the principal Act,—

(i) in sub-section (1), for the letters andfigures “Rs. 1000/-” and “Rs. 50/-”, theletters and figures “Rs. 10,000/-” and“Rs. 500/-” shall be respectivelysubstituted;

(ii) for sub-section (2), the following sub--section shall be substituted, namely:—

“(2) In the event of the contraventionof the provisions of section 75A of thisAct continuing beyond a period of fifteendays from the date of imposition of dailyfine of Rs. 500/- under sub-section (1),the Health Officer shall request theconcerned local authority to suspend orcancel the construction licence issued



773

to the builder/contractor till such timethe contravention continues and theconcerned local authority shall actaccordingly and the builder/contractorshall, upon conviction, be punishablewith imprisonment for a term which shallnot be less than three months but whichmay extend to six months.”.

7. Insertion of new section 94D.— Section94D of the principal Act shall be re-numberedas section 94E and before section 94E as sore-numbered, the following section shall beinserted, namely:—

“94D. Compliance with other laws.—Every person, establishment, undertakingand organization shall, comply with theprovisions of all allied laws as in force inthe State of Goa relating to collection,processing and disposal of solid waste,biodegradable and non-biodegradablegarbage, and also make payment of fee,cess or any other levy, due under suchlaws, and even though such fees, cessincluding green cess and/or any otherdues are levied as notified under such laws,the same shall be deemed to be levied andnotified under this Act.”.


This Bill seeks to insert new section 29Ain the Goa, Daman and Diu Public HealthAct, 1985 (Act 25 of 1985) (hereinafterreferred to as the “said Act”) so as to makeprovision in respect of inspection of massageparlour/spa by the Health Officer or Officerauthorised by the Government and closureof massage parlour/spa for contravention ofthe provisions of the said Act or rules framedthereunder.

The Bill further seeks to insert new section29B in the said Act so as to penalise thepersons running massage parlours/spaswithout registration under the said Act.

The Bill also seeks to insert new section29C in the said Act so as to make registrationof every masseur/therapist working inmassage parlour/spa mandatory.

The Bill also seeks to amend section 54 ofthe said Act so as to prohibit a person whoknows that he is suffering from an infectiousdisease from exposing other persons to therisk of infection by his presence or conduct inmassage parlour/spa.

The Bill also seeks to substitute section 75Aof the said Act so as to make the builder//contractor responsible for screening of theemployees/labourers employed by them atthe construction site.

The Bill also seeks to amend section 75AAof the said Act so as to enhance the quantumof penalties specified therein.

The Bill also seeks to insert new section94D in the said Act so as to make, thecompliance of the provisions of laws, alliedto the said Act, relating to collection,processing and disposal of solid waste,biodegradable and non-biodegradablegarbage, and payment of fee, cess or anyother levy, due under such laws, mandatoryand even though such fee, cess includinggreen cess and/or any other dues are leviedas notified under such laws, the same shallbe deemed to be levied and notified underthe said Act.

This Bill seeks to achieve the aboveobjects.

Financial MemorandumNo financial implications are involved in this

Bill.


Clause 3 of the Bill empowers theGovernment to frame rules for specifying theform in which, and the officer to whom, anapplication for registration as masseur//therapist is to be made and also the fee tobe accompanied therewith as well as forspecifying the form of certificate ofregistration as masseur/therapist and feefor renewal of such certificate ofregistration.


774


Porvorim-Goa. (LAXMIKANT PARSEKAR)

August, 2014. Minister for Health

Assembly Hall, (N. B. SUBHEDAR)


13th August, 2014. Assembly of Goa

ANNEXURE

Bill No. 16 of 2014…………………………………………………………………………….

Extract of Sections 29, 54, 75A and 75AA

clauses of the Goa, Daman and Diu Public

Health Act,1985 (Act 25 of 1985)……………………………………………………………………………

11[29. Establishment of commercial, industrial andother establishments and constructions.— (1) 12{Noperson, including Government Department, semi--Government Organization, Government companyand statutory or non-statutory Corporation} shallconstruct any building, house, cesspool and anyother structure unless prior permission to thateffect is obtained from the Health Officer or theMedical Officer incharge of the respective HealthCentre, at the time of starting such constructionand also at the time of actually occupying suchconstructed premises.

(2) No commercial or industrial establishments,

warehouses, storehouses, factories, workshops,

13[massage parlour/SPAS (excluding therapeuthic

massage) or any other like service] or any other

establishments of any kind, shall be established,

without obtaining the prior permission from the

Director.

(3) All such permissions issued shall be subject

to the payment of such fees as may be notified by

the Government from time to time.]

54. Prohibition of the exposure of other persons

to infections.— (1) No person who knows that he is

suffering from an infectious dieases specified in

this Chapter shall expose other persons to the risk

of infection by his presence or conduct in—

(a) any market, college, playground, or suchother place, or

(b) theatre or other place of entertainment orassembly, or

(c) any hotel, hostel, boarding house, chloutry,rest-house or club, or

(d) any factory or shop.

Explanation:— A person shall be deemed toknow that he is suffering from an infectious diseasewithin the meaning of this sub-section if he hasbeen informed by the Health Officer or any otherOfficer of the Public Health Department of theGovernment or of a local authority, not below therank of Health or Sanitary Inspector or a MedicalPractitioner that he is so suffering.

(2) No person who has the care of a person whomhe knows to be suffering from an infectious diseaseshall cause or permit that person to expose othersto the risk of infection by his presence or conductin any place referred to in sub-section (1).

22[75A. Screening of migrant labourers atconstruction sites.— All migrant labourers who arebrought from other States shall be screened forMalaria at the nearest Health Centre or mobilesquads of National Malaria Eradication Programme.The Health Officer/Medical Officer I/c of theDirectorate of Health Services shall then issue ahealth card with photograph certifying his presentstatus of Malaria. No labourer shall be engaged bythe contractor at the construction sites unless hehas a health card. Similar screenings for Malariashall be done once in every 3 months. Theresponsibility of obtaining the health card shallrest entirely on the labourer.

75AA. Penalty for offence under Section 75A.—(1) Whoever contravenes the provisions of section75A of the Act, shall be punishable with the fineof Rs. 1000/- per person each time and when theoffence is a continuing one, with a daily fine notexceeding Rs. 50/- during the period of thecontinuance of the offence.]

23[(2) In the event of the contravention of theprovision of section 75A of the Act continuingbeyond a period of seven days from the dateof imposition of daily fine of Rs. 50/- undersub-section (1), the Health Officer shall requestthe concerned local authority to suspend or cancelthe construction licence issued to the contractortill such time the contravention continues andthe concerned local authority shall act

accordingly.]



Dated: 13-8-2014. Legislative Assembly of Goa



775

LA/LEGN/2014/1184


________

The Goa Non-Biodegradable Garbage(Control) (Third Amendment) Bill, 2014

(Bill No. 19 of 2014)

A

BILL

further to amend the Goa Non-BiodegradableGarbage (Control) Act, 1996 (Goa Act No. 5of 1997).

Be it enacted by the Legislative Assemblyof Goa in the Sixty- fifth Year of the Republic ofIndia, as follows:—

1. Short title and commencement.— (1) ThisAct may be called the Goa Non-BiodegradableGarbage (Control) (Third Amendment) Act,2014.


2. Amendment of section 2.— In section 2of the Goa Non-Biodegradable Garbage(Control) Act, 1996 (Goa Act No. 5 of 1997)(hereinafter referred to as the “principalAct”),—

(a) in clause (c), for the words “aMunicipal Council”, the expression “aMunicipal Corporation, a Municipal Council”shall be substituted;

(b) in clause (f),—

(i) in sub-clause (iii), the word “and”shall be omitted;

(ii) in sub-clause (iv), the word “and”shall be inserted at the end;

(iii) after sub-clause (iv), the followingsub-clause shall be inserted, namely:—

“(v) any person who is in charge ofany place owned by the Central or StateGovernment, Government Company or

Corporation, or any place whereexhibitions and other events areorganized;”.

3. Substitution of section 5.— For section 5of the principal Act, the following section shallbe substituted, namely:—

“5. Duty of owner and occupier to collect,segregate and store non-biodegradablegarbage etc.— It shall be the duty of theowner and occupier to collect and segregatethe non-biodegradable garbage generatedwithin their place and store securely untilit is handed over to the local authority.”.

4. Insertion of new section 5A.— Aftersection 5 of the principal Act, the followingsection shall be inserted, namely:—

5A. Penalty for contravening provision ofsection 5.— (1) Whoever contravenes anyof the provisions of section 5 of this Act shallbe punishable with:—

(a) a fine of Rs. 200/- for first offence,Rs. 500/- for the second offence, andRs. 5000/- or with imprisonment whichmay extend to one month or with both,for every subsequent offence, when theoffence is in relation to a residentialhouse;

(b) a fine of Rs. 2000/- for first offence,Rs. 5000/- for the second offence, andRs. 25000/- or with imprisonment for aterm which may extend to six months orwith both, for every subsequent offence,when the offence is in relation to acommercial establishment.”.

Amendment of section 8.— In section 8 ofthe principal Act, in sub-section (1), for theexpression “Whoever is guilty of any Act”, theexpression “Same as provided in section 5Aof this Act, whoever is guilty of any Act” shallbe substituted.

Statement of Objects and ReasonsThe Bill seeks to amend sub-clause (c) &

sub-clause (f) of section 2 of the Goa Non--Biodegradable Garbage (Control) Act, 1996(Goa Act No. 5 of 1997) (hereinafter referred


776

to as the “said Act”), so as to incorporateMunicipal Corporation as a “local authority”as well as include any person who is inchargeof any place owned by the Central or StateGovernment, Government Company orCorporation, or any place where exhibitionsand other events are organized; within thedefinition of “occupier”.

Further the Bill seeks to substitute section5 of the said Act, so as to cast upon the ownerand occupier, the duty of collection,segregation and storage of non-biodegradablegarbage.

Further, the Bill seeks to insert a new section5A for providing a penalty for those who arecontravening the provision of section 5 as wellas amend the provision of section 8 by incor-porating the provision of the new section 5A.

The Bill seeks to achieve the above objects.

Financial MemorandumNo financial implications are involved in

this Bill. However, it will generate additionalrevenue to the Government by way ofcollection of fine.


The provisions do not provide for anydelegation and the amendments are normalin character.

Porvorim, Goa. ALINA SALDANHA

14th August, 2014. Minister for Environment


Porvorim, Goa. Secretary to the Legislative


ANNEXURE

(Bill No. 19 of 2014).....................................................................................................

Extract of Section 2, Section 5 and Section 8, theGoa Non-Biodegradable Garbage (Control)

Act, 1996 (Goa Act No. 5 of 1997).....................................................................................................

2. Definitions.— In this Act, unless the contextotherwise requires,

(a) “bio-degradable garbage” means thegarbage or waste materials capable of beingdestroyed by the action of living beings;

(b) “house gully” means a passage or strip ofland constructed, set apart or utilised for thepurpose of serving as or carrying a drain oraffording access to the latrine, urinals, cesspoolor other receptacle for filth or other pollutedmatter, by persons employed in the clearingthereof in the removal of such matter therefrom;

(c) “local authority” means a MunicipalCouncil, a Zilla Panchayat or a Panchayatconstituted, or continued, under any law for thetime being in force;

(d) “market” includes any place where personsassemble for exposing for sale, meat, fish, fruits,vegetables, food or any other articles for humanuse or consumption with or without the consentof the owner of such place notwithstanding thatthere may be no common regulation for theconcourse of the buyers and the sellers andwhether or not any control is exercised over thebusiness of or the person frequenting, the marketby the Owner of the place or by any other persons;

(e) “non-biodegradable garbage” means thewaste garbage or material which is not bio-degradable garbage and includes polyethylene,nylon, and other plastic goods such as P.V.C.polypropylene and polystyrene which are notcapable of being destroyed by an action of livingbeings and are more specifically included in theschedule to this Act;

(f) “occupier” includes:

(i) any person who for the time being ispaying or is liable to pay to the owner the rentor any portion of the rent of the land or buildingin respect of which such rent is paid or ispayable;

(ii) an owner in occupation of or otherwiseusing his land or building;

(iii) a rent free tenant of any land or building;and

(iv) any person who is liable to pay to theowner damages for the use and occupation ofany land or building;

(g) “Official Gazette” means the OfficialGazette of the Government;

(h) “owner” includes a person who for the timebeing is receiving or is entitled to receive, therent of any land or building, whether or his ownaccount or on account of himself and others or anagent, trustee, guardian or receiver for any otheror who should so receive the rent or be entitled toreceive it if the land or building or part thereofwere let to a tenant;



777

(i) “place” means any land or building or partof a building and includes the garden, groundand outhouses, if any, pertaining to a building orpart of a building;

(j) “place open to public view” includes anyprivate place, building, monument, fence orbalcony visible to a person being in, or passingalong, any public place;

(k)“prescribed” means prescribed by rulesmade under this Act;

(l) “Public Analyst” means the personappointed or recognised to be the GovernmentAnalyst, in relation to any environmentallaboratory established or recognised in the Stateunder the provisions of the Environment(Protection) Act, 1986 (Central Act 29 of 1986).

(m) “public place” means any place which isopen to use and enjoyment of the public whetherit is actually used or enjoyed by the public or notand includes a road, street, market, house-gullyor way, whether a throughfare or not, and landingplace to which public are granted access or havea right to resort or over which they have a right topass; and

(n) “State Government” means theGovernment of Goa;

5. Duty of owners and occupiers to collect anddeposit non-biodegradable garbage. etc.— It shallbe the duty of the owners and occupiers of all landsand buildings—

(a) to collect or to cause to be collected fromtheir respective land and buildings the non--biodegradable garbage and to deposit or causeto be deposited, in public receptacles, depositsor places provided for temporary deposit orcollection of the non-biodegradable garbage bythe local authority in the area;

(b) to provide separate receptacles or dustbins,other than, those kept and maintained for depositof biodegradable garbage, of the type and in themanner prescribed by the local authority or itsofficers for collection therein of all the non--biodegradable waste from such land andbuildings and to keep such ‘receptacles, dustbinsin good conditions and repair.

8. Penalties.— (1) Whoever is guilty of any act orintentional omission in contravention of any of theprovisions of this Act, or of any rules, notification ororder made, issued or given under this Act, shall bepunishable with imprisonment for a term which mayextend to one month or with fine which may extendto rupees five thousand, or with both.

(2) Whoever having been convicted of an offenceunder this Act is again convicted of any offenceunder this Act shall be punishable with double thepenalty provided for the latter offence.

(3) Whoever in any manner aids abets or isaccessory to the commission of an offence under thisAct shall on conviction be punished withimprisonment prescribed for the offence.



Dated: 14-8-2014. Legislative Assembly of Goa

________

LA/LEGN/2014/1193


________

The Goa School Education (Amendment)Bill, 2014

(Bill No. 24 of 2014)

A

BILL

further to amend the Goa, Daman and DiuSchool Education Act, 1984 (Act 15 of 1985).


1. Short title and commencement.— (1) ThisAct may be called the Goa School Education(Amendment) Act, 2014.


2. Amendment of section 2.— In section 2of the Goa, Daman and Diu School EducationAct, 1984 (Act 15 of 1985) (hereinafter referredto as the “principal Act”), after clause (k), thefollowing clause shall be inserted, namely:—

“(kk) “Konkani” means Konkani languageas defined in clause (c) of section 2 of theGoa, Daman and Diu Official LanguageAct, 1987 (Act 5 of 1987);”.

3. Insertion of new sections 7A to 7E.—After section 7 of the principal Act, the


778

following new sections shall be inserted,namely:—

“7A. Entitlement for recognition.— (1) Nomanagement of any school shall be entitledfor recognition to any school as a matter ofright.

(2) The appropriate authority may, subjectto the provisions of section 5 of this Act as wellas subject to the following conditions,consider granting recognition:

(a) In the case of primary and secondaryschools, except those which have Konkani//Marathi as a medium of instruction, shallbe required to teach Konkani/Marathi asone of the subject from standard I tostandard X.

(b) All schools shall have English ascompulsory subject from standard I tostandard X where the medium of instructionis Konkani/Marathi or any other languagespecified in the Eighth Schedule of theConstitution of India.

(3) The Director shall regulate compliancewith clauses (a) and (b) of sub-section (2), in aprogressive manner, annually.

7B. Entitlement of grants.— (1) NoManagement of any school shall be entitledto grants as a matter of right unless and untilit complies with the provisions of this Act andthe rules framed thereunder.

(2) The Government may, having regard tothe need in the locality, or in the interestof school education, or the scheme ofmanagement, provide financial assistance forteaching in Konkani/Marathi as a medium ofinstruction in any recognized primary school.

(3) The Government shall endeavour topromote teaching Konkani/Marathi in allschools in the State of Goa and may for suchpurposes frame a separate or a special patternof assistance providing financial assistance forteaching Konkani/Marathi subject.

(4) Those schools, which have opted forKonkani/Marathi or any other languagespecified in the Eighth Schedule of theConstitution of India as its medium of

instruction, shall be required to teach Englishas one of the subject, and the Government mayframe special pattern of assistance for thepurpose of improvement and encouragingEnglish subject at primary level.

(5) No grants or aid in any form whatsoevershall be given or extended to any primaryschool within the State of Goa unless it hasKonkani/Marathi or any of the languagesenvisaged in the Eighth Schedule to theConstitution of India, as its medium ofinstruction imparting education:

Provided that the State Government mayconsider providing grants to minority schoolshaving English as a medium of instruction andimparting education at the primary levelsubject to compliance with other provisionsof this Act.

(6) Whenever any school including aminority school, has English as medium ofinstruction, then, in such cases, theDirectorate of Education shall either throughitself or through any agency earmarked for thepurpose, provide bi-lingual text books eitherin Konkani/Marathi for the purpose offacilitating the teaching at the primary level.

(7) Such minority schools which haveEnglish as medium of instruction shall berequired to teach Konkani/Marathi in theprimary section for all the classes fromstandard I to standard IV as one of the subject.

7C. Opening of new primary school.— TheDirector shall not permit opening of any newprimary school until mapping of school iscarried out and need for such additionalschools are categorically identified:

Provided however that the Government mayfor the reasons to be recorded in writinghaving regard to the need of a locality or asthe circumstances may justify or for thepurposes of weaker/backward sections of thesociety permit opening of schools at theprimary level.

7D. Framing of Scheme.— The Governmentmay, in its discretion, frame any scheme forpromotion of teaching Konkani/Marathi in theschools as per the pattern of assistancenotified.



779

7E. Power of Government.— (1) Notwith-standing anything contained in any provisionof this Act or the rules framed thereunder, theGovernment may, for reasons to be recordedin writing, in the interest of school education,or where, in the opinion of the Government,the Management of the school or any memberof the managing committee running the affairsof the school is found to have criminalbackground or is involved in any criminal casehaving moral turpitude or is in any waycharged for misappropriation of school grantsor other school funds or have otherwise beencharge sheeted in any criminal matter, eitherstop/reduce/withhold/forbid or evenwithdraw any aid given in any pattern ofassistance framed by the Government orunder the provisions of this Act or the rulesframed thereunder, or may instead ofwithholding/withdrawing or stopping, havingregard to interest of the students and theschool education, make over the salary grantthrough a specially appointed Drawingand Disbursing Officer without in any wayrouting the grants to the Management.

(2) In every case covered under sub-section(1), the Government shall also have the powerto take over the management of such schooland appoint an Administrator or a Body or aCommittee of Administrators to run the saidschool until such time the Government is ofthe opinion that the school may be handedover back to the management.”.

4. Insertion of new section 31.— Aftersection 30 of the principal Act, the followingnew section shall be inserted, namely:—

“31. Power to remove difficulties in respectof Goa School Education (Amendment)Act, 2014.— If any difficulty arises in givingeffect to the provisions of the Goa SchoolEducation (Amendment) Act, 2014, theGovernment may by order not inconsistentwith the provisions of the said Act, removethe difficulty:

Provided that no such order shall be madeafter the expiry of the period of two yearsfrom the commencement of the Goa SchoolEducation (Amendment) Act, 2014.”.


The Bill seeks to amend the Goa, Daman andDiu School Education Act, 1984 (Act No. 15 of1985) for the purpose of granting recognitionand financial assistance to the primary schoolsand for the matters connected therewith.

This bill seeks to achieve the above objects.

Financial MemorandumNo financial implications are involved in this

bill.


Clause 3 of the Bill empowers theGovernment to frame schemes to carry out thepurposes of the Act.

Clause 4 of the Bill empowers theGovernment to issue orders for removal ofdifficulty which may arise in giving effect tothe provisions of the Goa School EducationAct, 2014.


Porvorim, Goa. MANOHAR PARRIKAR




18th August, 2014. Legislative Assembly of Goa

ANNEXURE

..............................................................................Extract of the Goa, Daman and Diu SchoolEducation Act, 1984 (Act No. 15 of 1985)

.....................................................................................................

2. Definitions.— In this Act, unless the contextotherwise requires,—

(a) “Administrator” means the Administratorof the Union territory appointed by the Presidentunder article 239 of the Constitution;

(b) “Advisory Board” means as constitutedunder section 24 of this Act;

(c) “aid” means any aid granted to arecognized school by the Administrator, orany other authority designated by theAdministrator.


780

(d) “aided school” means a recognized privateschool which is receiving aid from theAdministrator or any other authority designatedby the Administrator.

(e) “appropriate authority ” means theAdministrator or any other officer authorizedby him in this behalf;

(f) “Director” means the Director of Education,Government of Goa, Daman and Diu, and includesany other officer authorised by him to perform allor any of the functions of the Director under thisAct;

(g) “employee” means a teacher and includesevery other employee working in a recognisedschool;

(h) “existing employee” means an employeeof an existing school who is employed in such aschool immediately before the commencement ofthis Act;

(i) “existing school” means a recognised schoolwhich is in existence at the commencement ofthis Act;

(j) “Government” means the Government ofGoa, Daman and Diu;

(k) “Head of school” means the principalacademic officer, by whatever, name called, of arecognised school.

7. Aid to recognised schools.— (1) Any authorityspecified in clause (c) of section 2 may grant, out ofthe funds made available to it for the purpose, afterdue appropriation made by law as aid to recognisedschools such sums of money as it may considernecessary:

Provided that no existing school receiving aid,immediately before the commencement of this Act,shall be eligible for continuance of such aid unlessit complies with, within such period as may bespecified by the aforesaid authority, the conditionsspecified in the proviso to sub-section (1) of section5 and the rules made under this Act relating to thegrant or continuance of such aid.

(2) The authority competent to grant the aid maystop, reduce, or suspend aid for violation of any ofthe provisions of this Act or the rules madethereunder:

Provided that no such aid shall be stopped,reduced or suspended unless on a reasonableopportunity of showing cause against suchstoppage, reduction or suspension has been givento the management.

(3) The aid may cover such part of the expenditureof the schools as may be prescribed.

(4) No payment, out of the aid given for salary,allowance and provident fund of employees of theschool, shall be made for any other purpose.

(5) No unrecognised school shall be eligible toreceive any aid or any benefit made available torecognised schools by the authority specified in clause(c) of section 2.



18th August, 2014. Legislative Assembly of Goa

——— ———

Department of Law & JudiciaryLegal Affairs Division

___

Notification

10/3/2013-LA-(Part)/154

The Right to Fair Compensation andTransparency in Land Acquisition, Rehabili-tation and Resettlement Act, 2013, (CentralAct No. 30 of 2013), which has been passedby Parliament and assented to by thePresident on 26-9-2013 and published in theGazette of India, Extraordinary, Part II,Section I, dated 27-9-2013, is hereby pub-lished for the general information of the public.

Julio Barbosa Noronha, Under Secretary(Law).

Porvorim, 6th June, 2014._________

THE RIGHT TO FAIR COMPENSATIONAND TRANSPARENCY IN LAND

ACQUISITION, REHABILITATION ANDRESETTLEMENT ACT, 2013

________

Arrangement of Sections——————

CHAPTER I

Preliminary

Sections1. Short title, extent and commencement.2. Application of Act.3. Definitions.



781

SectionsCHAPTER II

Determination of social impact and public purpose

A.— PRELIMINARY INVESTlGATlON FORDETERMINATION OF SOCIAL IMPACT

AND PUBLIC PURPOSE

4. Preparation of Social Impact Assessmentstudy.

5. Public hearing for Social Impact Assessment.6. Publication of Social Impact Assessment study.

B.— APPRAISAL OF SOCIAL IMPACTASSESSMENT REPORT BY AN EXPERT GROUP

7. Appraisal of Social Impact Assessment reportby an Expert Group.

8. Examination of proposals for land acquisitionand Social Impact Assessment report byappropriate Government.

9. Exemption from Social Impact Assessment.

CHAPTER III

Special provision to safeguard food security

10. Special provision to safeguard food security.

CHAPTER IV

Notification and acquisition

11. Publication of preliminary notification andpower of officers thereupon.

12. Preliminary survey of land and power ofofficers to carry out survey.

13. Payment for damage.14. Lapse of Social Impact Assessment report.15. Hearing of objections.16. Preparation of Rehabilitation and Resettle-

ment Scheme by the Administrator.17. Review of the Rehabilitation and Resettlement

Scheme.18. Approved Rehabilitation and Resettlement

Scheme to be made public.19. Publication of declaration and summary of

Rehabilitation and Resettlement.20. Land to be marked out, measured and planned

including marking of specific areas.21. Notice to persons interested.22. Power to require and enforce the making of

statements as to names and interests.23. Enquiry and land acquisition award by

Collector.24. Land acquisition process under Land Acqui-

sition Act, 1894 shall be deemed to havelapsed in certain cases.

25. Period within which an award shall be made.

Sections26. Determination of market value of land by

Collector. 27. Determination of amount of compensation.28. Parameters to be considered by Collector in

determination of award.29. Determination of value of things attached to

land or building.30. Award of solatium.

CHAPTER V

Rehabilitation and Resettlement Award

31. Rehabilitation and Resettlement Award foraffected families by Collector.

32. Provision of infrastructural amenities inresettlement area.

33. Corrections to awards by Collector.34. Adjournment of enquiry.35. Power to summon and enforce attendance of

witnesses and production of documents.36. Power to call for records, etc.37. Awards of Collector when to be final.38. Power to take possession of land to be

acquired.39. Additional compensation in case of multiple

displacements.40. Special powers in case of urgency to acquire

land in certain cases.41. Special provisions for Scheduled Castes and

Scheduled Tribes.42. Reservation and other benefits.

CHAPTER VI

Procedure and manner of rehabilitation andresettlement

43. Appointment of Administrator.44. Commissioner for rehabilitation and resettle-

ment.45. Rehabilitation and resettlement committee at

project level.46. Provisions relating to rehabilitation and

resettlement to apply in case of certainpersons other than specified persons.

47. Quantification and deposit of rehabilitationand resettlement amount.

CHAPTER VII

National Monitoring Committee for rehabilitationand resettlement

48. Establishment of National Monitoring Commi-ttee for rehabilitation and resettlement.

49. Reporting requirements.50. Establishment of State Monitoring Committee

for rehabilitation and resettlement.


782

SectionsCHAPTER VIII

Establishment of Land Acquisition, Rehabilitationand Resetilement Authority

51. Establishment of Land Acquisition, Rehabi-litation and Resettlement Authority.

52. Composition of Authority.53. Qualifications for appointment as Presiding

Officer.54. Terms of office of Presiding Officer.55. Staff of Authority.56. Salary and allowances and other terms and

conditions of service of Presiding Officers.57. Filling up of vacancies.58. Resignation and removal.59. Orders constituting Authority to be final and

not to invalidate its proceedings.60. Powers of Authority and procedure before it.61. Proceedings before Authority to be judicial

proceedings.62. Members and officers of Authority to be public

servants.63. Jurisdiction of civil courts barred.64. Reference to Authority.65. Collector's statement to Authority.66. Service of notice by Authority.67. Restriction on scope of proceedings.68. Proceedings to be in public.69. Determination of award by Authority.70. Form of award.71. Costs.72. Collector may be directed to pay interest on

excess compensation.73. Re-determination of the amount of compen-

sation on the basis of the award of theAuthority.

74. Appeal to High Court.

CHAPTER IX

Apportionment of compensation

75. Particulars of apportionment to be specified.76. Dispute as to apportionment.

CHAPTER X

Payment

77. Payment of compensation or deposit of samein Authority.

78. Investment of money deposited in respect oflands belonging to person incompetent toalienate.

79. Investment of money deposited in other cases.80. Payment of interest.

SectionsCHAPTER XI

Temporary Occupation of land

81. Temporary occupation of waste or arable land,procedure when difference as to compensationexists.

82. Power to enter and take possession and compensation on restoration.

83. Difference as to condition of land.

CHAPTER XII

Offences and penalties

84. Punishment for false information, mala fideaction, etc.

85. Penalty for contravention of provisions of Act.86. Offences by companies.87. Offences by Government departments.88. Cognizance of offences by court.89. Offences to be non-cognizable. 90. Offences to be cognizable only on complaint

filed by certain persons.

CHAPTER XIII

Miscellaneous

91. Magistrate to enforce surrender.

92. Service of notice.

93. Completion of acquisition not compulsory, but

compensation to be awarded when not

completed.

94. Acquisition of part of house or building.

95. Acquisition of land at cost of a local authority

or Requiring Body.

96. Exemption from income-tax, stamp duty and

fees.

97. Acceptance of certified copy as evidence.

98. Notice in case of suits for anything done in

pursuance of Act.

99. No change of purpose to be allowed.

100. No change of ownership without permission

to be allowed.

101. Return of unutilised land.

102. Difference in price of land when transferred

for higher consideration to be shared.

103. Provisions to be in addition to existing laws.

104. Option of appropriate Government to lease.

105. Provisions of this Act not to apply in certain

cases or to apply with certain modifications.

106. Power to amend Schedule.

107. Power of State Legislatures to enact any law

more beneficial to affected families.



783

Sections

108. Option to affected families to avail better

compensation and rehabilitation and resett-

lement.

109. Power of appropriate Government to make

rules.

110. Rules made by Central Government to be laid

before Parliament.

111. Rules made by State Government to be laid

before State Legislature.

112. Previous publication of rules made by Central

and State Government.

113. Power to remove difficulties.

114. Repeal and saving.

THE FIRST SCHEDULE.

THE SECOND SCHEDULE.

THE THIRD SCHEDULE.

THE FOURTH SCHEDULE.

________

THE RIGHT TO FAIR COMPENSATIONAND TRANSPARENCY IN LAND

ACQUISITION, REHABILITATION ANDRESETTLEMENT ACT, 2013

AN

ACT

to ensure, in consultation with institutionsof local self-government and Gram Sabhasestablished under the Constitution, ahumane, participative, informed andtransparent process for land acquisition forindustrialisation, development of essentialinfrastructural facilities and urbanisationwith the least disturbance to the ownersof the land and other affected families andprovide just and fair compensation to theaffected families whose land has beenacquired or proposed to be acquired or areaffected by such acquisition and makeadequate provisions for such affectedpersons for their rehabilitation andresettlement and for ensuring that thecumulative outcome of compulsoryacquisition should be that affected personsbecome partners in development leading to

an improvement in their post acquisitionsocial and economic status and for mattersconnected therewith or incidental thereto.

Be it enacted by Parliament in the Sixty--fourth Year of the Republic of India asfollows:—

CHAPTER I

Preliminary

1. Short title, extent and commencement.—(1) This Act may be called the Right to FairCompensation and Transparency in LandAcquisition, Rehabilitation and ResettlementAct, 2013.

(2) It extends to the whole of India exceptthe State of Jammu and Kashmir.

(3) It shall come into force on such date asthe Central Government may, by notificationin the Official Gazette, appoint:

Provided that the Central Governmentshall appoint such date within threemonths from the date on which the Rightto Fair Compensation and Transparency inLand Acquisition, Rehabilitation andResettlement Bill, 2013 receives the assent ofthe President.

2. Application of Act.— (1) The provisionsof this Act relating to land acquisition,compensation, rehabilitation and resettle-ment, shall apply, when the appropriateGovernment acquires land for its own use,hold and control, including for Public SectorUndertakings and for public purpose, andshall include the following purposes,namely:—

(a) for strategic purposes relating tonaval, military, air force, and armed forcesof the Union, including central paramilitaryforces or any work vital to national securityor defence of India or State police, safety ofthe people; or

(b) for infrastructure projects, whichincludes the following, namely:—

(i) all activities or items listed in thenotification of the Government of India


784

in the Department of Economic Affairs(Infrastructure Section) number 13/6//2009-INF, dated the 27th March, 2012,excluding private hospitals, privateeducational institutions and privatehotels;

(ii) projects involving agro-processing,supply of inputs to agriculture,warehousing, cold storage facilities,marketing infrastructure for agricultureand allied activities such as dairy,fisheries, and meat processing, set up orowned by the appropriate Governmentor by a farmers, co-operative or by aninstitution set up under a statute;

(iii) project for industrial corridors ormining activities, national investmentand manufacturing zones, as designatedin the National Manufacturing Policy;

(iv) project for water harvestingand water conservation structures,sanitation;

(v) project for Governmentadministered, Government aidededucational and research schemes orinstitutions;

(vi) project for sports, heath care,tourism, transportation or spaceprogramme;

(vii) any infrastructure facility as maybe notified in this regard by the CentralGovernment and after tabling of suchnotification in Parliament;

(c) project for project affected families;

(d) project for housing for such incomegroups, as may be specified from time totime by the appropriate Government;

(e) project for planned development orthe improvement of village sites or any sitein the urban areas or provision of land forresidential purposes for the weakerSections in rural and urban areas;

(f) project for residential purposes to thepoor or landless or to persons residing inareas affected by natural calamities, or topersons displaced or affected by reason ofthe implementation of any schemeundertaken by the Government, any localauthority or a corporation owned orcontrolled by the State.

(2) The provisions of this Act relating toland acquisition, consent, compensation,rehabilitation and resettlement, shall alsoapply, when the appropriate Governmentacquires land for the following purposes,namely:—

(a) for public private partnershipprojects, where the ownership of the landcontinues to vest with the Government, forpublic purpose as defined in sub-section(1);

(b) for private companies for publicpurpose, as defined in sub-section (1):

Provided that in the case of acquisitionfor—

(i) private companies, the priorconsent of at least eighty per cent. ofthose affected families, as defined in sub--clauses (i) and (v) of clause (c) of section3; and

(ii) public private partnershipprojects, the prior consent of at leastseventy pe rcent. of those affectedfamilies, as defined in sub-clauses (i) and(v) of clause (c) of section 3,

shall be obtained through a process asmay be prescribed by the appropriateGovernment:

Provided further that the process ofobtaining the consent shall be carried outalong with the Social Impact Assessmentstudy referred to in section 4:

Provided also that no land shall betransferred by way of acquisition, in the



785

Scheduled Areas in contravention of any law(including any order or judgment of acourt which has become final) relating toland transfer, prevailing in such ScheduledAreas.

(3) The provisions relating to rehabilitationand resettlement under this Act shall applyin the cases where,—

(a) A private company purchases land,equal to or more than such limits in ruralareas or urban areas, as may be prescribedby the appropriate Government, throughprivate negotiations with the owner of theland in accordance with the provisions ofsection 46;

(b) a private company requests theappropriate Government for acquisition ofa part of an area so prescribed for a publicpurpose:

Provided that where a private companyrequests the appropriate Government forpartial acquisition of land for public purpose,then, the rehabilitation and resettlemententitlements under the Second Schedule shallbe applicable for the entire area whichincludes the land purchased by the privatecompany and acquired by the Governmentfor the project as a whole.

3. Definitions.— In this Act, unless thecontext otherwise requires,-—

(a) “Administrator” means an officerappointed for the purpose of rehabilitationand resettlement of affected families undersub-section (1) of section 43;

(b) “affected area” means such area asmay be notified by the appropriateGovernment for the purposes of landacquisition;

(c) “affected family” includes—

(i) a family whose land or otherimmovable property has been acquired;

(ii) a family which does not own anyland but a member or members of such

family may be agricultural labourers,tenants including any form of tenancyor holding of usufruct right, share--croppers or artisans or who may beworking in the affected area for threeyears prior to the acquisition of the land,whose primary source of livelihood standaffected by the acquisition of land;

(iii) the Scheduled Tribes andother traditional forest dwellerswho have lost any of their forestrights recognised under theScheduled Tribes and OtherTraditional Forest Dwellers(Recognition of Forest Rights)Act, 2006 due to acquisition ofland;

(iv) family whose primary source oflivelihood for three years prior to theacquisition of the land is dependent onforests or water bodies and includesgatherers of forest produce, hunters,fisher folk and boatmen and suchlivelihood is affected due to acquisitionof land;

(v) a member of the family who hasbeen assigned land by the StateGovernment or the Central Governmentunder any of its schemes and such landis under acquisition;

(vi) a family residing on any land inthe urban areas for preceding three yearsor more prior to the acquisition of theland or whose primary source oflivelihood for three years prior to theacquisition of the land is affected by theacquisition of such land;

(d) “agricultural land” means land usedfor the purpose of—

(i) agriculture or horticulture;

(ii) dairy farming, poultry farming,pisciculture, sericulture, seed farmingbreeding of livestock or nursery growingmedicinal herbs;

2 of 2007.


786

(iii) raising of crops, trees, grass orgarden produce; and

(iv) land used for the grazing of cattle;

(e) “appropriate Government” means,—

(i) in relation to acquisition of landsituated within the territory of, a State,the State Government;

(ii) in relation to acquisition of landsituated within a Union territory (exceptPuducherry), the Central Government;

(iii) in relation to acquisition of landsituated within the Union territory ofPuducherry, the Government of Unionterritory of Puducherry;

(iv) in relation to acquisition of landfor public purpose in more than oneState, the Central Government, inconsultation with the concerned StateGovernments or Union territories; and

(v) in relation to the acquisition of landfor the purpose of the Union as may bespecified by notification, the CentralGovernment:

Provided that in respect of a publicpurpose in a District for an area notexceeding such as may be notified bythe appropriate Government, theCollector of such District shall bedeemed to be the appropriateGovernment;

(f) “Authority” means the LandAcquisition and Rehabilitation andResettlement Authority established undersection 51;

(g) “Collector” means the Collector of arevenue district, and includes a DeputyCommissioner and any officer speciallydesignated by the appropriate Governmentto perform the functions of a Collectorunder this Act;

(h) “Commissioner” means theCommissioner for Rehabilitation and

Resettlement appointed under sub-section(1) of section 44;

(i) “cost of acquisition” includes—

(i) amount of compensation whichincludes solatium, any enhancedcompensation ordered by the LandAcquisition and Rehabilitation andResettlement Authority or the Court andinterest payable thereon and any otheramount determined as payable to theaffected families by such Authority orCourt;

(ii) demurrage to be paid for damagescaused to the land and standing cropsin the process of acquisition;

(iii) cost of acquisition of land andbuilding for settlement of displaced oradversely affected families;

(iv) cost of development ofinfrastructure and amenities at theresettlement areas;

(v) cost of rehabilitation andresettlement as determined inaccordance with the provisions of thisAct;

(vi) administrative cost,—

(A) for acquisition of land, includingboth in the project site and out ofproject area lands, not exceedingsuch percentage of the cost ofcompensation as may be specified bythe appropriate Government;

(B) for rehabilitation andresettlement of the owners of the landand other affected families whose landhas been acquired or proposed to beacquired or other families affected bysuch acquisition;

(vii) cost of undertaking ‘Social ImpactAssessment study’;

(j) “company” means—



787

(i) a company as defined insection 3 of the CompaniesAct, 1956, other than aGovernment company;

(ii) a society registeredunder the SocietiesRegistration Act, 1860 orunder any corres-ponding lawfor the time being in force in aState;

(k) “displaced family” means any family,who on account of acquisition of landhas to be relocated and resettled fromthe affected area to the resettlementarea;

(l) “entitled to act”, in relation to aperson, shall be deemed to include thefollowing persons, namely:—

(i) trustees for other personsbeneficially interested with reference toany such case, and that to the sameextent as the person beneficiallyinterested could have acted if free fromdisability;

(ii) the guardians of minors and thecommittees or managers of lunatics tothe same extent as the minors, lunaticsor other persons of unsound mindthemselves, if free from disability, couldhave acted:

Provided that the provisionsof Order XXXII of the FirstSchedule to the Code of CivilProcedure, 1908 shall, mutatismutandis, apply in the case ofpersons interested appearingbefore a Collector or Authorityby a next friend, or by aguardian for the case, inproceedings under this Act;

(m) “family” includes a person, his orher spouse, minor children, minor brothersand minor sisters dependent on him:

Provided that widows, divorcees andwomen deserted by families shall beconsidered separate families;

Explanation.— An adult of either genderwith or without spouse or children ordependents shall be considered as aseparate family for the purposes of this Act.

(n) “holding of land” means the total landheld by a person as an owner, occupant ortenant or otherwise;

(o) “infrastructure project” shall includeany one or more of the items specified inclause (b) of sub-section (1) of section 2;

(p) “land” includes benefits to arise outof land, and things attached to the earthor permanently fastened to anythingattached to the earth;

(q) “landless” means such persons orclass of persons who may be,—

(i) considered or specified as suchunder any State law for the time beingin force; or

(ii) in a case of landless not beingspecified under sub-clause (i), as maybe specified by the appropriateGovernment;

(r) “land owner” includes any person,—

(i) whose name is recorded as theowner of the land or building or partthereof, in the records of the authorityconcerned; or

(ii) any person who isgranted forest rights under theScheduled Tribes and OtherTraditional Forest Dwellers(Recognition of Forest Rights)Act, 2006 or under any otherlaw for the time being in force;or

(iii) who is entitled to be granted Pattarights on the land under any law of theState including assigned lands; or

(iv) any person who has been declaredas such by an order of the court orAuthority;

1 of 1956.

21 of 1860.

5 of 1908.

2 of 2007.


788

(s) “local authority” includes a townplanning authority (by whatever namecalled) set up under any law for the timebeing in force, a Panchayat as defined inarticle 243 and a Municipality as definedin article 243P, of the Constitution;

(t) “marginal farmer” means a cultivatorwith an un-irrigated land holding up to onehectare or irrigated land holding up toone-half hectare;

(u) “market value” means the value ofland determined in accordance withsection 26;

(v) “notification” means a notificationpublished in the Gazette of India or, as thecase may be, the Gazette of a State andthe expression “notify” shall be construedaccordingly;

(w) “patta” shall have the same meaningas assigned to it in the relevant Central orState Acts or rules or regulations madethereunder;

(x) “person interested” means—

(i) all persons claiming an interest incompensation to be made on account ofthe acquisition of land under this Act;

(ii) the Scheduled Tribes andother traditional forestdwellers, who have lost anyforest rights recognised underthe Scheduled Tribes and OtherTraditional Forest Dwellers(Recognition of Forest Rights)Act, 2006;

(iii) a person interested in an easementaffecting the land;

(iv) persons having tenancy rightsunder the relevant State laws includingshare-croppers by whatever name theymay be called; and

(v) any person whose primary sourceof livelihood is likely to be adverselyaffected;

(y) “prescribed” means prescribed byrules made under this Act;

(z) “project” means a project for whichland is being acquired, irrespective of thenumber of persons affected;

(za) “public purpose” means theactivities specified under sub-section (1) ofsection 2;

(zb) “Requiring Body” means a

company, a body corporate, an institution,

or any other organisation or person for

whom land is to be acquired by the

appropriate Government, and includes the

appropriate Government, if the acquisition

of land is for such Government either for

its own use or for subsequent transfer of

such land is for public purpose to a

company, body corporate, an institution, or

any other organisation, as the case may

be, under lease, licence or through any

other mode of transfer of land;

(zc) “Resettlement Area” means an area

where the affected families who have been

displaced as a result of land acquisition

are resettled by the appropriate

Government;

(zd) “Scheduled Areas” means

the Scheduled Areas as defined

in section 2 of the Provisions of

the Panchayats (Extension to the

Scheduled Areas) Act, 1996;

(ze) “small farmer” means a cultivator

with an un-irrigated land holding up to two

hectares or with an irrigated land holding

up to one hectare, but more than the

holding of a marginal farmer.

CHAPTER II

Determination of social impact and public purpose

A — PRELIMINARY INVESTIGATION FORDETERMINATION OF SOCIAL IMPACT

AND PUBLIC PURPOSE

2 of 2007.

40 of 1996.



789

4. Preparation of Social Impact Assessmentstudy.— (1) Whenever the appropriateGovernment intends to acquire land for apublic purpose, it shall consult the concernedPanchayat, Municipality or MunicipalCorporation, as the case may be, at villagelevel or ward level, in the affected area andcarry out a Social Impact Assessment studyin consultation with them, in such mannerand from such date as may be specified bysuch Government by notification.

(2) The notification issued by theappropriate Government for commencementof consultation and of the Social ImpactAssessment study under sub-section (1) shallbe made available in the local language tothe Panchayat, Municipality or MunicipalCorporation, as the case may be, and in theoffices of the District Collector, the Sub--Divisional Magistrate and the Tehsil, andshall be published in the affected areas, insuch manner as may be prescribed, anduploaded on the website of the appropriateGovernment:

Provided that the appropriate Governmentshall ensure that adequate representation hasbeen given to the representatives ofPanchayat, Gram Sabha, Municipality orMunicipal Corporation, as the case may be,at the stage of carrying out the Social ImpactAssessment study:

Provided further that the appropriateGovernment shall ensure the completion ofthe Social Impact Assessment study within aperiod of six months from the date of itscommencement.

(3) The Social Impact Assessment studyreport referred to in sub-section (1) shall bemade available to the public in the mannerperscribed under section 6.

(4) The Social Impact Assessment studyreferred to in sub-section (1) shall, amongstother matters, include all the following,namely:—

(a) assessment as to whether theproposed acquisition serves publicpurpose;

(b) estimation of affected families and thenumber of families among them likely tobe displaced;

(c) extent of lands, public and private,houses, settlements and other commonproperties likely to be affected by theproposed acquisition;

(d) whether the extent of land proposedfor acquisition is the absolute bare--minimum extent needed for theproject;

(e) whether land acquisition at analternate place has been considered andfound not feasible;

(f) study of social impacts of the project,and the nature and cost of addressing themand the impact of these costs on the overallcosts of the project vis-a-vis the benefits ofthe project:

Provided that Environmental ImpactAssessment study, if any, shall be carried outsimultaneously and shall not be contingentupon the completion of the Social ImpactAssessment study.

(5) While undertaking a Social ImpactAssessment study under sub-section (1), theappropriate Government shall, amongst otherthings, take into consideration the impactthat the project is likely to have on variouscomponents such as livelihood of affectedfamilies, public and community properties,assets and infrastructure particularly roads,public transport, drainage, sanitation,sources of drinking water, sources of waterfor cattle, community ponds, grazing land,plantations, public utilities such as postoffices, fair price shops, food storagegodowns, electricity supply, health carefacilities, schools and educational or trainingfacilities, anganwadis, children parks, placesof worship, land for traditional tribalinstitutions and burial and cremationgrounds.

(6) The appropriate Government shallrequire the authority conducting the Social


790

Impact Assessment study to prepare a SocialImpact Management Plan, listing theameliorative measures required to beundertaken for addressing the impact for aspecific component referred to in sub-section(5), and such measures shall not be less thanwhat is provided under a scheme orprogramme, in operation in that area, of theCentral Government or, as the case may be,the State Government, in operation in theaffected area.

5. Public hearing for Social ImpactAssessment.— Whenever a Social ImpactAssessment is required to be prepared undersection 4, the appropriate Government shallensure that a public hearing is held at theaffected area, after giving adequate publicityabout the date, time and venue for the publichearing, to ascertain the views of the affectedfamilies to be recorded and included in theSocial Impact Assessment Report.

6. Publication of Social Impact Assessmentstudy.— (1) The appropriate Governmentshall ensure that the Social ImpactAssessment study report and the SocialImpact Management Plan referred to in sub--section (6) of section 4 are prepared andmade available in the local language to thePanchayat, Municipality or MunicipalCorporation, as the case may be, and theoffices of the District Collector, the Sub--Divisional magistrate and the Tehsil, andshall be published in the affected areas, insuch manner as may be prescribed, anduploaded on the website of the appropriateGovernment.

(2) Wherever Environment ImpactAssessment is carried out, a copy of the SocialImpact Assessment report shall be madeavailable to the Impact Assessment Agencyauthorised by the Central Government tocarry out environmental impact assessment:

Provided that, in respect of irrigationprojects where the process of EnvironmentImpact Assessment is required under theprovisions of any other law for the timebeing in force, the provisions of this Act

relating to Social Impact Assessment shall notapply.

B.— APPRAISAL OF SOCIAL IMPACTASSESSMENT REPORT BY AN

EXPERT GROUP

7. Appraisal of Social Impact Assessmentreport by an Expert Group.— (1) Theappropriate Government shall ensure that theSocial Impact Assessment report is evaluatedby an independent multi-disciplinary ExpertGroup, as may be constituted by it.

(2) The Expert Group constituted undersub-section (1) shall include the following,namely:—

(a) two non-official social scientists;

(b) two representatives of Panchayat,Gram Sabha, Municipality or MunicipalCorporation, as the case may be;

(c) two experts on rehabilitation; and

(d) a technical expert in the subjectrelating to the project.

(3) The appropriate Government maynominate a person from amongst themembers of the Expert Group as theChairperson of the Group.

(4) If the Expert Group constituted undersub-section (1), is of the opinion that,—

(a) the project does not serve any publicpurpose; or

(b) the social costs and adverse socialimpacts of the project outweigh thepotential benefits,

it shall make a recommendation within twomonths from the date of its constitution tothe effect that the project shall be abandonedforthwith and no further steps to acquirethe land will be initiated in respect of thesame:

Provided that the grounds for suchrecommendation shall be recorded in writing



791

by the Expert Group giving the details andreasons for such decision:

Provided further that where theappropriate Government, inspite of suchrecommendations, proceeds with theacquisition, then, it shall ensure that itsreasons for doing so are recorded in writing.

(5) If the Expert Group constituted undersub-section (1), is of the opinion that,—

(a) the project will serve any publicpurpose; and

(b) the potential benefits outweigh thesocial costs and adverse social impacts,

it shall make specific recommendations withintwo months from the date of its constitutionwhether the extent of land proposed to beacquired is the absolute bare-minimum extentneeded for the project and whether there areno other less displacing options available:

Provided that the grounds for suchrecommendation shall be recorded in writingby the Expert Group giving the details andreasons for such decision.

(6) The recommendations of the ExpertGroup referred to in sub-sections (4) and (5)shall be made available in the local languageto the Panchayat, Municipality or MunicipalCorporation, as the case may be, and theoffices of the District Collector, the Sub--Divisional Magistrate and the Tehsil, andshall be published in the affected areas, insuch manner as may be prescribed anduploaded on the website of the appropriateGovernment.

8. Examination of proposals for landacquisition and Social Impact Assessmentreport by appropriate Government.— (1)The appropriate Government shall ensurethat—

(a) there is a legitimate and bona fidepublic purpose for the proposed acquisitionwhich necessitates the acquisition of theland identified;

(b) the potential benefits and the publicpurpose referred to in clause (a) shalloutweigh the social costs and adversesocial impact as determined by the SocialImpact Assessment that has been carriedout;

(c) only the minimum area of landrequired for the project is proposed to beacquired;

(d) there is no unutilised land which hasbeen previously acquired in the area;

(e) the land, if any, acquired earlier andremained unutilised, is used for such publicpurpose and make recommendations inrespect thereof.

(2) The appropriate Government shallexamine the report of the Collector if any andthe report of the Expert Group on the SocialImpact Assessment study and afterconsidering all the reports, recommend sucharea for acquisition which would ensureminimum displacement of people, minimumdisturbance to the infrastructure, ecology andminimum adverse impact on the individualsaffected.

(3) The decision of the appropriateGovernment shall be made available in thelocal language to the Panchayat, Municipalityor Municipal Corporation, as the case maybe, and the offices of the District Collector,the Sub-Divisional Magistrate and the Tehsil,and shall be published in the affected areas,in such manner as may be prescribed, anduploaded on the website of the appropriateGovernment:

Provided that where land is sought to beacquired for the purposes as specified insub-section (2) of section 2, the appropriateGovernment shall also ascertain as towhether the prior consent of the affectedfamilies as required under the proviso tosub-section (2) of section 2, has beenobtained in the manner as may be prescribed.

9. Exemption from Social ImpactAssessment.— Where land is proposed to be


792

acquired invoking the urgency provisionsunder section 40, the appropriate Governmentmay exempt undertaking of the Social ImpactAssessment study.

CHAPTER III

Special provision to safeguard food security

10. Special provision to safeguard food

security.— (1) Save as otherwise provided in

sub-section (2), no irrigated multi-cropped

land shall be acquired under this Act.

(2) Such land may be acquired subject to

the condition that it is being done under

exceptional circumstances, as a demonstrable

last resort, where the acquisition of the land

referred to in sub-section (1) shall, in

aggregate for all projects in a district or State,

in no case exceed such limits as may be

notified by the appropriate Government

considering the relevant State specific factors

and circumstances.

(3) Whenever multi-crop irrigated land is

acquired under sub-section (2), an equivalent

area of culturable wasteland shall be

developed for agricultural purposes or an

amount equivalent to the value of the land

acquired shall be deposited with the

appropriate Government for investment in

agriculture for enhancing food-security.

(4) In a case not falling under sub-section

(1), the acquisition of the agricultural land in

aggregate for all projects in a district or State,

shall in no case exceed such limits of the

total net sown area of that district or State,

as may be notified by the appropriate

Government:

Provided that the provisions of this section

shall not apply in the case of projects that

are linear in nature such as those relating

to railways, highways, major district

roads, irrigation canals, power lines and the

like.

CHAPTER IV

Notification and acquisition

11. Publication of preliminary notificationand power of officers thereupon.— (1)Whenever, it appears to the appropriateGovernment that land in any area is requiredor likely to be required for any publicpurpose, a notification (hereinafter referredto as preliminary notification) to that effectalong with details of the land to be acquiredin rural and urban areas shall be publishedin the following manner, namely:—

(a) in the Official Gazette;

(b) in two daily newspapers circulatingin the locality of such area of which oneshall be in the regional language;

(c) in the local language in the Panchayat,Municipality or Municipal Corporation, asthe case may be and in the offices of theDistrict Collector, the Sub-divisionalMagistrate and the Tehsil;

(d) uploaded on the website of theappropriate Government;

(e) in the affected areas, in such manneras may be prescribed.

(2) Immediately after issuance of thenotification under sub-section (1), theconcerned Gram Sabha or Sabhas at thevillage level, municipalities in case ofmunicipal areas and the AutonomousCouncils in case of the areas referred to inthe Sixth Schedule to the Constitution, shallbe informed of the contents of the notificationissued under the said sub-section in all casesof land acquisition at a meeting calledespecially for this purpose.

(3) The notification issued under sub-section(1) shall also contain a statement on the natureof the public purpose involved, reasonsnecessitating the displacement of affectedpersons, summary of the Social ImpactAssessment Report and particulars of the



793

Administrator appointed for the purposes ofrehabilitation and resettlement under section43.

(4) No person shall make any transactionor cause any transaction of land specified inthe preliminary notification or create anyencumbrances on such land from the date ofpublication of such notification till such timeas the proceedings under this Chapter arecompleted:

Provided that the Collector may, on theapplication made by the owner of the land sonotified, exempt in special circumstances tobe recorded in writing, such owner from theoperation of this sub-section:

Provided further that any loss or injurysuffered by any person due to his wilfulviolation of this provision shall not be madeup by the Collector.

(5) After issuance of notice under sub--section (1), the Collector shall, before theissue of a declaration under section 19,undertake and complete the exercise ofupdating of land records as prescribed withina period of two months.

12. Preliminary survey of land and powerof officers to carry out survey.— For thepurposes of enabling the appropriateGovernment to determine the extent of landto be acquired, it shall be lawful for anyofficer, either generally or specially authorisedby such Government in this behalf, and forhis servants and workmen,—

(a) to enter upon and survey and takelevels of any land in such locality;

(b) to dig or bore into the sub-soil;

(c) to do all other acts necessary toascertain whether the land is adapted forsuch purpose;

(d) to set out the boundaries of the landproposed to be taken and the intended lineof the work (if any) proposed to be madethereon; and

(e) to mark such levels, boundaries andline by placing marks and cutting trenchesand where otherwise the survey cannotbe completed and the levels taken and theboundaries and line marked, to cut downand clear away any part of any standingcrop, fence or jungle:

Provided that no act under clauses (a) to(e) in respect of land shall be conducted inthe absence of the owner of the land or inthe absence of any person authorised inwriting by the owner:

Provided further that the acts specifiedunder the first proviso may be undertaken inthe absence of the owner, if the owner hasbeen afforded a reasonable opportunity tobe present during the survey, by giving anotice of at least sixty days prior to suchsurvey:

Provided also that no person shall enterinto any building or upon any enclosed courtor garden attached to a dwelling-house(unless with the consent of the occupierthereof) without previously giving suchoccupier at least seven days’ notice in writingof his intention to do so.

13. Payment for damage.— The officer soauthorised under section 12 shall at the timeof entry under section 12 pay or tenderpayment for any damage caused, and, in caseof dispute as to the sufficiency of the amountso paid or tendered, he shall at once referthe dispute to the decision of the Collector orother chief revenue officer of the district, andsuch decision shall be final.

14. Lapse of Social Impact Assessmentreport.— Where a preliminary notificationunder section 11 is not issued within twelvemonths from the date of appraisal of the SocialImpact Assessment report submitted by theExpert Group under section 7, then, suchreport shall be deemed to have lapsed and afresh Social Impact Assessment shall berequired to be undertaken prior to acquisitionproceedings under section 11:


794

Provided that the appropriate Government,shall have the power to extend the period oftwelve months, if in its opinion circumstancesexist justifying the same:

Provided further that any such decision toextend the period shall be recorded in writingand the same shall be notified and beuploaded on the website of the authorityconcerned.

15. Hearing of objections.— (1) Any personinterested in any land which has beennotified under sub-section (1) of section 11,as being required or likely to be required fora public purpose, may within sixty days fromthe date of the publication of the preliminarynotification, object to—

(a) the area and suitability of landproposed to be acquired;

(b) justification offered for public purpose;

(c) the findings of the Social ImpactAssessment report.

(2) Every objection under sub-section (1)shall be made to the Collector in writing, andthe Collector shall give the objector anopportunity of being heard in person or byany person authorised by him in this behalfor by an Advocate and shall, after hearing allsuch objections and after making suchfurther inquiry, if any, as he thinks necessary,either make a report in respect of the landwhich has been notified under sub-section(1) of section 11, or make different reports inrespect of different parcels of such land, tothe appropriate Government, containing hisrecommendations on the objections, togetherwith the record of the proceedings held byhim along with a separate report, givingtherein the approximate cost of landacquisition, particulars as to the number ofaffected families likely to be resettled, for thedecision of that Government.

(3) The decision of the appropriateGovernment on the objections made undersub-section (2) shall be final.

16. Preparation of Rehabilitation andResettlement Scheme by the Administrator.—(1) Upon the publication of the preliminarynotification under sub-section (1) ofsection 11 by the Collector, the Administratorfor Rehabilitation and Resettlement shallconduct a survey and undertake a census ofthe affected families, in such manner andwithin such time as may be prescribed, whichshall include—

(a) particulars of lands and immovableproperties being acquired of each affectedfamily;

(b) livelihoods lost in respect of landlosers and landless whose livelihoods areprimarily dependent on the lands beingacquired;

(e) a list of public utilities andGovernment buildings which are affectedor likely to be affected, where resettlementof affected families is involved;

(d) details of the amenities andinfrastructural facilities which are affectedor likely to be affected, where resettlementof affected families is involved; and

(e) details of any common propertyresources being acquired.

(2) The Administrator shall, based on thesurvey and census under sub-section (1),prepare a draft Rehabilitation andResettlement Scheme, as prescribed whichshall include particulars of the rehabilitationand resettlement entitlements of each landowner and landless whose livelihoods areprimarily dependent on the lands beingacquired and where resettlement of affectedfamilies is involved—

(i) a list of Government buildings to beprovided in the Resettlement Area;

(ii) details of the public amenities andinfrastructural facilities which are to beprovided in the Resettlement Area.



795

(3) The draft Rehabilitation andResettlement scheme referred to in sub--section (2) shall include time limitfor implementing Rehabilitation andResettlement Scheme;

(4) The draft Rehabilitation andResettlement scheme referred to in sub--section (2) shall be made known locally bywide publicity in the affected area anddiscussed in the concerned Gram Sabhas orMunicipalities.

(5) A public hearing shall be conducted insuch manner as may be prescribed, aftergiving adequate publicity about the date, timeand venue for the public hearing at theaffected area:

Provided that in case where an affectedarea involves more than one Gram Panchayator Municipality, public hearings shall beconducted in every Gram Sabha andMunicipality where more than twenty-five percent. of land belonging to that Gram Sabhaor Municipality is being acquired:

Provided further that theconsultation with the Gram Sabhain Scheduled Areas shall be inaccordance with the provisions ofthe Provisions of the Panchayats(Extension to the Scheduled Areas)Act, 1996.

(6) The Administrator shall, on completionof public hearing submit the draft Schemefor Rehabilitation and Resettlement along witha specific report on the claims and objectionsraised in the public hearing to the Collector.

17. Review of the Rehabilitation andResettlement Scheme.— (1) The Collector shallreview the draft Scheme submitted undersub-section (6) of section 16 by theAdministrator with the Rehabilitation andResettlement Committee at the project levelconstituted under section 45;

(2) The Collector shall submit the draftRehabilitation and Resettlement Scheme with

his suggestions to the CommissionerRehabilitation and Resettlement for approvalof the Scheme.

18. Approved Rehabilitation andResettlement Scheme to be made public.—The Commissioner shall cause the approvedRehabilitation and Resettlement Scheme tobe made available in the local language tothe Panchayat, Municipality or MunicipalCorporation, as the case may be, and theoffices of the District Collector, the Sub--Divisional Magistrate and the Tehsil, andshall be published in the affected areas, insuch manner as may be prescribed, anduploaded on the website of the appropriateGovernment.

19. Publication of declaration and summaryof Rehabilitation and Resettlement.— (1)When the appropriate Government issatisfied, after considering the report, if any,made under sub-section (2) of section 15, thatany particular land is needed for a publicpurpose, a declaration shall be made to thateffect, along with a declaration of an areaidentified as the “resettlement area” for thepurposes of rehabilitation and resettlementof the affected families, under the hand andseal of a Secretary to such Government or ofany other officer duly authorised to certify itsorders and different declarations may bemade from time to time in respect of differentparcels of any land covered by the samepreliminary notification irrespective ofwhether one report or different reports hasor have been made (wherever required).

(2) The Collector shall publish a summaryof the Rehabilitation and ResettlementScheme along with declaration referred to insub-section (1):

Provided that no declaration under thissub-section shall be made unless thesummary of the Rehabilitation andResettlement Scheme is published along withsuch declaration:

Provided further that no declaration under

this sub-section shall be made unless the

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Requiring Body deposits an amount, in full or

part, as may be prescribed by the appropriate

Government toward the cost of acquisition of

the land:

Provided also that the Requiring Body shall

deposit the amount promptly so as to enable

the appropriate Government to publish the

declaration within a period of twelve months

from the date of the publication of preliminary

notification under section 11.

(3) In projects where land is acquired instages, the application for acquisition itselfcan specify different stages for therehabilitation and resettlement, and alldeclarations shall be made according to thestages so specified.

(4) Every declaration referred to insub-section (1) shall be published in thefollowing manner, namely:—

(a) in the Official Gazette;

(b) in two daily newspapers beingcirculated in the locality, of such area ofwhich one shall be in the regionallanguage;

(c) in the local language in thePanchayat, Municipality or MunicipalCorporation, as the case may be, and inthe offices of the District Collector, theSub-Divisional Magistrate and theTehsil;

(d) uploaded on the website of theappropriate Government;

(e) in the affected areas, in such manneras may be prescribed.

(5) Every declaration referred to insub-section (1) shall indicate,—

(a) the district or other territorial divisionin which the land is situated;

(b) the purpose for which it is needed,its approximate area; and

(c) where a plan shall have been madefor the land, the place at which such planmay be inspected without any cost.

(6) The declaration referred to in sub--section (1) shall be conclusive evidence thatthe land is required for a public purposeand, after making such declaration, theappropriate Government may acquire theland in such manner as specified under thisAct.

(7) Where no declaration is made undersub-section (1) within twelve months fromthe date of preliminary notification, then suchnotification shall be deemed to have beenrescinded:

Provided that in computing the periodreferred to in this sub-section, any period orperiods during which the proceedings for theacquisition of the land were held up onaccount of any stay or injunction by the orderof any Court shall be excluded:

Provided further that the appropriateGovernment shall have the power toextend the period of twelve months, if in itsopinion circumstances exist justifying thesame:

Provided also that any such decision toextend the period shall be recorded in writingand the same shall be notified and beuploaded on the website of the authorityconcerned.

20. Land to be marked out, measured andplanned including marking of specific areas.—The Collector shall thereupon cause the land,unless it has been already marked out undersection 12, to be marked out and measured,and if no plan has been made thereof, a planto be made of the same.

21. Notice to persons interested.— (1) TheCollector shall publish the public notice onhis website and cause public notice to begiven at convenient places on or near theland to be taken, stating that the Government



797

intends to take possession of the land, andthat claims to compensations andrehabilitation and resettlement for all interestsin such land may be made to him.

(2) The public notice referred to in sub--section (1) shall state the particulars of theland so needed, and require all personsinterested in the land to appear personally orby agent or advocate before the Collector ata time and place mentioned in the publicnotice not being less than thirty days andnot more than six months after the date ofpublication of the notice, and to state thenature of their respective interests in the landand the amount and particulars of their claimsto compensation for such interests, theirclaims to rehabilitation and resettlement alongwith their objections, if any, to themeasurements made under section 20.

(3) The Collector may in any case requiresuch statement referred to in sub-section (2)to be made in writing and signed by the partyor his agent.

(4) The Collector shall also serve notice tothe same effect on the occupier, if any, ofsuch land and on all such persons known orbelieved to be interested therein, be entitledto act for persons so interested, as reside orhave agents authorised to receive service ontheir behalf, within the revenue district inwhich the land is situated.

(5) In case any person so interested resideselsewhere, and has no such agent, theCollector shall ensure that the notice shall besent to him by post in letter addressed tohim at his last known residence, address ofplace or business and also publish the samein at least two national daily newspapers andalso on his website.

22. Power to require and enforce the makingof statements as to names and interests.—(1) The Collector may also require any suchperson to make or deliver to him, at a timeand place mentioned (such time not beingless than thirty days after the date of therequisition), a statement containing, so far as

may be practicable, the name of every otherperson possessing any interest in the land orany part thereof as co-proprietor, sub--proprietor, mortgagee, tenant or otherwise,and of the nature of such interest, and of therents and profits, if any, received or receivableon account thereof for three years nextpreceding the date of the statement.

(2) Every person required to makeor deliver a statement under thissection shall be deemed to be legallybound to do so within the meaningof sections 175 and 176 of the IndianPenal Code.

23. Enquiry and land acquisition award by

Collector.— On the day so fixed, or on any

other day to which the enquiry has been

adjourned, the Collector shall proceed to

enquire into the objections (if any) which any

person interested has stated pursuant to a

notice given under section 21, to the

measurements made under section 20, and

into the value of the land at the date of the

publication of the notification, and into the

respective interests of the persons claiming

the compensation and rehabilitation and

resettlement, shall make an award under his

hand of—

(a) the true area of the land;

(b) the compensation as determinedunder section 27 along with Rehabilitationand Resettlement Award as determinedunder section 31 and which in his opinionshould be allowed for the land; and

(c) the apportionment of the saidcompensation among all the personsknown or believed to be interested in theland, or whom, or of whose claims, he hasinformation, whether or not they haverespectively appeared before him.

24. Land acquisition process under Act No.1 of 1894 shall be deemed to have lapsed incertain cases.— (1) Notwithstanding anythingcontained in this Act, in any case of land

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acquisition proceedings initiated under theLand Acquisition Act, 1894,—

(a) where no award under section 11 ofthe said Land Acquisition Act has beenmade, then, all provisions of this Actrelating to the determination ofcompensation shall apply; or

(b) where an award under said section11 has been made, then such proceedingsshall continue under the provisions of thesaid Land Acquisition Act, as if the saidAct has not been repealed.

(2) Notwithstanding anything contained insub-section (1), in case of land acquisitionproceedings initiated under the LandAcquisition Act, 1894, where an award underthe said section 11 has been made five yearsor more prior to the commencement of thisAct but the physical possession of the landhas not been taken or the compensation hasnot been paid the said proceedings shall bedeemed to have lapsed and the appropriateGovernment, if it so chooses, shall initiate theproceedings of such land acquisition afreshin accordance with the provisions of this Act:

Provided that where an award has beenmade and compensation in respect of amajority of land holdings has not beendeposited in the account of the beneficiaries,then, all beneficiaries specified in thenotification for acquisition under section 4 ofthe said Land Acquisition Act, shall be entitledto compensation in accordance with theprovisions of this Act.

25. Period within which an award shall bemade.— The Collector shall make an awardwithin a period of twelve months from thedate of publication of the declaration undersection 19 and if no award is made withinthat period, the entire proceedings for theacquisition of the land shall lapse:

Provided that the appropriate Governmentshall have the power to extend the period oftwelve months if in its opinion, circumstancesexist justifying the same:

Provided further that any such decision toextend the period shall be recorded in writingand the same shall be notified and beuploaded on the website of the authorityconcerned.

26. Determination of market value of landby Collector.— (1) The Collector shall adoptthe following criteria in assessing anddetermining the market value of the land,namely:—

(a) the market value, if any,specified in the Indian Stamp Act,1899 for the registration of saledeeds or agreements to sell, asthe case may be, in the area,where the land is situated; or

(b) the average sale price for similar typeof land situated in the nearest village ornearest vicinity area; or

(c) consented amount of compensationas agreed upon under sub-section (2) ofsection 2 in case of acquisition of lands forprivate companies or for public privatepartnership projects,

whichever is higher:

Provided that the date for determinationof market value shall be the date on whichthe notification has been issued under section11.

Explanation 1.— The average sale pricereferred to in clause (b) shall be determinedtaking into account the sale deeds or theagreements to sell registered for similar typeof area in the near village or near vicinityarea during immediately preceding threeyears of the year in which such acquisitionof land is proposed to be made.

Explanation 2.— For determining theaverage sale price referred to in Explanation1, one-half of the total number of sale deedsor the agreements to sell in which the highestsale price has been mentioned shall be takeninto account.

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Explanation 3.— While determining themarket value under this section and theaverage sale price referred to in Explanation1 or Explanation 2, any price paid ascompensation for land acquired under theprovisions of this Act on an earlier occasionin the district shall not be taken intoconsideration.

Explanation 4.— While determining themarket value under this section and theaverage sale price referred to in Explanation1 or Explanation 2, any price paid, which inthe opinion of the Collector is not indicativeof actual prevailing market value may bediscounted for the purposes of calculatingmarket value.

(2) The market value calculated as persub-section (1) shall be multiplied by a factorto be specified in the First Schedule.

(3) Where the market value under sub--section (1) or sub-section (2) cannot bedetermined for the reason that—

(a) the land is situated in such areawhere the transactions in land arerestricted by or under any other law forthe time being in force in that area; or

(b) the registered sale deeds oragreements to sell as mentioned in clause(a) of sub-section (1) for similar land arenot available for the immediately precedingthree years; or

(c) the market value has notbeen specified under the IndianStamp Act, 1899 by theappropriate authority,

the State Government concerned shall specifythe floor price or minimum price per unit areaof the said land based on the price calculatedin the manner specified in sub-section (1) inrespect of similar types of land situated inthe immediate adjoining areas:

Provided that in a case where the RequiringBody offers its shares to the owners of the

lands (whose lands have been acquired) as apart compensation, for acquisition of land,such shares in no case shall exceed twenty--five per cent. of the value so calculated undersub-section (1) or sub-section (2) or sub--section (3) as the case may be:

Provided further that the Requiring Bodyshall in no case compel any owner of theland (whose land has been acquired) to takeits shares, the value of which is deductiblein the value of the land calculated undersub-section (1):

Provided also that the Collector shall, beforeinitiation of any land acquisition proceedingsin any area, take all necessary steps to reviseand update the market value of the land onthe basis of the prevalent market rate in thatarea:

Provided also that the appropriateGovernment shall ensure that the marketvalue determined for acquisition of any landor property of an educational institutionestablished and administered by a religiousor linguistic minority shall be such as wouldnot restrict or abrogate the right to establishand administer educational institutions oftheir choice.

27. Determination of amount ofcompensation.— The Collector havingdetermined the market value of the land tobe acquired shall calculate the total amountof compensation to be paid to the land owner(whose land has been acquired) by includingall assets attached to the land.

28. Parameters to be considered by Collectorin determination of award.— In determiningthe amount of compensation to be awardedfor land acquired under this Act, the Collectorshall take into consideration—

firstly, the market value as determinedunder section 26 and the award amount inaccordance with the First and SecondSchedules;

secondly, the damage sustained by theperson interested, by reason of the taking

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of any standing crops and trees which maybe on the land at the time of the Collector’staking possession thereof;

thirdly, the damage (if any) sustained bythe person interested, at the time of theCollector’s taking possession of the land,by reason of severing such land from hisother land;

fourthly, the damage (if any) sustainedby the person interested, at the time of theCollector’s taking possession of the land,by reason of the acquisition injuriouslyaffecting his other property, movable orimmovable, in any other manner, or hisearnings;

fifthly, in consequence of the acquisitionof the land by the Collector, the personinterested is compelled to change hisresidence or place of business, thereasonable expenses (if any) incidental tosuch change;

sixthly, the damage (if any) bona fideresulting from diminution of the profits ofthe land between the time of the publicationof the declaration under section 19 and thetime of the Collector’s taking possession ofthe land; and

seventhly, any other ground which maybe in the interest of equity, justice andbeneficial to the affected families.

29. Determination of value of thingsattached to land or building.— (1) TheCollector in determining the market value ofthe building and other immovable propertyor assets attached to the land or buildingwhich are to be acquired, use the services ofa competent engineer or any other specialistin the relevant field, as may be considerednecessary by him.

(2) The Collector for the purpose ofdetermining the value of trees and plantsattached to the land acquired, use theservices of experienced persons in the fieldof agriculture, forestry, horticulture,sericulture, or any other field, as may beconsidered necessary by him.

(3) The Collector for the purpose ofassessing the value of the standing cropsdamaged during the process of landacquisition, may use the services ofexperienced persons in the field of agricultureas may be considered necessary by him.

30. Award of solatium.— (1) The Collectorhaving determined the total compensation tobe paid, shall, to arrive at the final award,impose a “Solatium” amount equivalent toone hundred per cent. of the compensationamount.

Explanation.— For the removal of doubts itis hereby declared that solatium amount shallbe in addition to the compensation payableto any person whose land has been acquired.

(2) The Collector shall issue individualawards detailing the particulars ofcompensation payable and the details ofpayment of the compensation as specified inthe First Schedule.

(3) In addition to the market value of theland provided under section 26, the Collectorshall, in every case, award an amountcalculated at the rate of twelve per cent. perannum on such market value for the periodcommencing on and from the date of thepublication of the notification of the SocialImpact Assessment study under sub-section(2) of section 4, in respect of such land, tillthe date of the award of the Collector or thedate of taking possession of the land,whichever is earlier.

CHAPTER V

Rehabilitation and Resettlement Award

31. Rehabilitation and Resettlement Awardfor affected families by Collector.— (1) TheCollector shall pass Rehabilitation andResettlement Awards for each affected familyin terms of the entitlements provided in theSecond Schedule.

(2) The Rehabilitation and ResettlementAward shall include all of the following,namely:—



801

(a) rehabilitation and resettlementamount payable to the family;

(b) bank account number of the personto which the rehabilitation andresettlement award amount is to betransferred;

(c) particulars of house site and houseto be allotted, in case of displaced families;

(d) particulars of land allotted to thedisplaced families;

(e) particulars of one time subsistenceallowance and transportation allowance incase of displaced families;

(f) particulars of payment for cattle shedand petty shops;

(g) particulars of one-time amount toartisans and small traders;

(h) details of mandatory employment tobe provided to the members of the affectedfamilies;

(i) particulars of any fishing rights thatmay be involved;

(j) particulars of annuity and otherentitlements to be provided;

(k) particulars of special provisions forthe Scheduled Castes and the ScheduledTribes to be provided:

Provided that in case any of the mattersspecified under clauses (a) to (k) are notapplicable to any affected family the sameshall be indicated as “not applicable”:

Provided further that the appropriateGovernment may, by notification increase therate of rehabilitation and resettlement amountpayable to the affected families, taking intoaccount the rise in the price index.

32. Provision of infrastructural amenitiesin resettlement area.— In every resettlement

area as defined under this Act, the Collectorshall ensure the provision of all infrastructuralfacilities and basic minimum amenitiesspecified in the Third Schedule.

33. Corrections to awards by Collector.—(1) The Collector may at any time, but notlater than six months from the date of awardor where he has been required under theprovisions of this Act to make a reference tothe Authority under section 64, before themaking of such reference, by order, correctany clerical or arithmetical mistakes in eitherof the awards or errors arising therein eitheron his own motion or on the application ofany person interested or local authority:

Provided that no correction which is likelyto affect prejudicially any person shall bemade unless such person has been givena reasonable opportunity of makingrepresentation in the matter.

(2) The Collector shall give immediatenotice of any correction made in the awardso corrected to all the persons interested.

(3) Where any excess amount is proved tohave been paid to any person as a result ofthe correction made under sub-section (1),the excess amount so paid shall be liableto be refunded and in the case of anydefault or refusal to pay, the same may berecovered, as prescribed by the appropriateGovernment.

34. Adjournment of enquiry.— TheCollector may, for any cause he thinks fit, fromtime to time adjourn the enquiry to a day tobe fixed by him.

35. Power to summon and enforceattendance of witnesses andproduction of documents.— For thepurpose of enquiries under this Act,the Collector shall have powers tosummon and enforce the attendanceof witnesses, including the partiesinterested of any of them, and tocompel the production of documentsby the same means, and (so far as


802

may be) in the same manner as isprovided in the case of a Civil Courtunder the Code of Civil Procedure,1908.

36. Power to call for records, etc.— Theappropriate Government may at any timebefore the award is made by the Collectorunder section 30 call for any record of anyproceedings (whether by way of inquiry orotherwise) for the purpose of satisfying itselfas to the legality or propriety of any findingsor order passed or as to the regularity of suchproceedings and may pass such order or issuesuch direction in relation thereto as it maythink fit:

Provided that the appropriate Governmentshall not pass or issue any order or directionprejudicial to any person without affordingsuch person a reasonable opportunity ofbeing heard.

37. Awards of Collector when to be final.—(1) The awards shall be filed in the Collector’soffice and shall, except as hereinafterprovided, be final and conclusive evidence,as between the Collector and the personsinterested, whether they have respectivelyappeared before the Collector or not, of thetrue area and market value of the land andthe assets attached thereto, solatium sodetermined and the apportionment of thecompensation among the persons interested.

(2) The Collector shall give immediatenotice of his awards to such of the personsinterested who are not present personally orthrough their representatives when theawards are made.

(3) The Collector shall keep open to thepublic and display a summary of the entireproceedings undertaken in a case ofacquisition of land including the amount ofcompensation awarded to each individualalong with details of the land finally acquiredunder this Act on the website created forthis purpose.

38. Power to take possession of land to beacquired.— (1) The Collector shall take

possession of land after ensuring that fullpayment of compensation as well asrehabilitation and resettlement entitlementsare paid or tendered to the entitled personswithin a period of three months for thecompensation and a period of six months forthe monetary part of rehabilitation andresettlement entitlements listed in the SecondSchedule commencing from the date of theaward made under section 30:

Provided that the components of theRehabilitation and Resettlement Package inthe Second and Third Schedules that relateto infrastructural entitlements shall beprovided within a period of eighteen monthsfrom the date of the award:

Provided further that in case of acquisitionof land for irrigation or hydel project, being apublic purpose, the rehabilitation andresettlement shall be completed six monthsprior to submergence of the lands acquired.

(2) The Collector shall be responsible forensuring that the rehabilitation andresettlement process is completed in all itsaspects before displacing the affected families.

39. Additional compensation in case ofmultiple displacements.— The Collector shall,as far as possible, not displace any familywhich has already been displaced by theappropriate Government for the purpose ofacquisition under the provisions of this Act,and if so displaced, shall pay an additionalcompensation equivalent to that of thecompensation determined under this Act forthe second or successive displacements.

40. Special powers in case of urgency toacquire land in certain cases.— (1) In casesof urgency, whenever the appropriateGovernment so directs, the Collector, thoughno such award has been made, may, on theexpiration of thirty days from the publicationof the notice mentioned in section 21, takepossession of any land needed for a publicpurpose and such land shall thereupon vestabsolutely in the Government, free from allencumbrances.

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(2) The powers of the appropriateGovernment under sub-section (1) shall berestricted to the minimum area required forthe defence of India or national security orfor any emergencies arising out of naturalcalamities or any other emergency with theapproval of Parliament:

Provided that the Collector shall not takepossession of any building or part of abuilding under this sub-section without givingto the occupier thereof at least forty-eighthours notice of his intention to do so, or suchlonger notice as may be reasonably sufficientto enable such occupier to remove hismovable property from such building withoutunnecessary inconvenience.

(3) Before taking possession of any landunder sub-section (1) or sub-section (2), theCollector shall tender payment of eighty percent. of the compensation for such land asestimated by him to the person interestedentitled thereto.

(4) In the case of any land to which, in theopinion of the appropriate Government, theprovisions of sub-section (1), sub-section (2)or sub-section (3) are applicable, theappropriate Government may direct that anyor all of the provisions of Chapter II to ChapterVI shall not apply, and, if it does so direct, adeclaration may be made under section 19 inrespect of the land at any time after the dateof the publication of the preliminarynotification under sub-section (1) of section11.

(5) An additional compensation of seventy--five per cent. of the total compensation asdetermined under section 27, shall be paidby the Collector in respect of land andproperty for acquisition of which proceedingshave been initiated under sub-section (1) ofthis section:

Provided that no additional compensationwill be required to be paid in case the projectis one that affects the sovereignty andintegrity of India, the security and strategicinterests of the State or relations with foreignStates.

41. Special provisions for Scheduled Castesand Scheduled Tribes.— (1) As far as possible,no acquisition of land shall be made in theScheduled Areas.

(2) Where such acquisition does take placeit shall be done only as a demonstrable lastresort.

(3) In case of acquisition or alienation ofany land in the Scheduled Areas, the priorconsent of the concerned Gram Sabha or thePanchayats or the autonomous DistrictCouncils, at the appropriate level inScheduled Areas under the Fifth Schedule tothe Constitution, as the case may be, shall beobtained, in all cases of land acquisition insuch areas, including acquisition in case ofurgency, before issue of a notification underthis Act, or any other Central Act or a StateAct for the time being in force:

Provided that the consent of the Panchayatsor the Autonomous Districts Councils shallbe obtained in cases where the GramSabha does not exist or has not beenconstituted.

(4) In case of a project involving landacquisition on behalf of a Requiring Bodywhich involves involuntary displacement ofthe Scheduled Castes or the Scheduled Tribesfamilies, a Development Plan shall beprepared, in such form as may be prescribed,laying down the details of procedure forsettling land rights due, but not settled andrestoring titles of the Scheduled Tribes as wellas the Scheduled Castes on the alienated landby undertaking a special drive together withland acquisition.

(5) The Development Plan shall also containa programme for development of alternatefuel, fodder and non-timber forest produceresources on non-forest lands within a periodof five years, sufficient to meet therequirements of tribal communities as wellas the Scheduled Castes.

(6) In case of land being acquired frommembers of the Scheduled Castes or theScheduled Tribes, at least one-third of the


804

compensation amount due shall be paid tothe affected families initially as first instalmentand the rest shall be paid after taking over ofthe possession of the land.

(7) The affected families of the ScheduledTribes shall be resettled preferably in thesame Scheduled Area in a compact block sothat they can retain their ethnic, linguisticand cultural identity.

(8) The resettlement areas predominantlyinhabited by the Scheduled Castes and theScheduled Tribes shall get land, to suchextent as may be decided by the appropriateGovernment free of cost for community andsocial gatherings.

(9) Any alienation of tribal lands or landsbelonging to members of the ScheduledCastes in disregard of the laws andregulations for the time being in force shallbe treated as null and void, and in the caseof acquisition of such lands, the rehabilitationand resettlement benefits shall be madeavailable to the original tribal land owners orland owners belonging to the ScheduledCastes.

(10) The affected Scheduled Tribes, othertraditional forest dwellers and the ScheduledCastes having fishing rights in a river or pondor dam in the affected area shall be givenfishing rights in the reservoir area of theirrigation or hydel projects.

(11) Where the affected families belongingto the Scheduled Castes and the ScheduledTribes are relocated outside of the district,then, they shall be paid an additional twenty--five per cent. rehabilitation and resettlementbenefits to which they are entitled inmonetary terms along with a one-timeentitlement of fifty thousand rupees.

42. Reservation and other benefits.— (1)All benefits, including the reservation benefitsavailable to the Scheduled Tribes and theScheduled Castes in the affected areas shallcontinue in the resettlement area.

(2) Whenever the affected familiesbelonging to the Scheduled Tribes who areresiding in the Scheduled Areas referred toin the Fifth Schedule or the tribal areasreferred to in the Sixth Schedule to theConstitution are relocated outside thoseareas, than, all the statutory safeguards,entitlements and benefits being enjoyed bythem under this Act shall be extended to thearea to which they are resettled regardlessof whether the resettlement area is aScheduled Area referred to in the said FifthSchedule, or a tribal area referred to in thesaid Sixth Schedule, or not.

(3) Where the community rightshave been settled under theprovisions of the Scheduled Tribesand Other Traditional Forest Dwellers(Recognition of Forest Rights) Act,2006, the same shall be quantifiedin monetary amount and be paid tothe individual concerned who hasbeen displaced due to the acquisitionof land in proportion with his sharein such community rights.

CHAPTER VI

Procedure and manner of rehabilitationand resettlement

43. Appointment of Administrator.— (1)

Where the appropriate Government is

satisfied that there is likely to be involuntary

displacement of persons due to acquisition of

land, then, the State Government shall, by

notification, appoint in respect of that project,

an officer not below the rank of Joint Collector

or Additional Collector or Deputy Collector or

equivalent official of Revenue Department to

be the Administrator for Rehabilitation and

Resettlement.

(2) The Administrator shall, with a view toenable him to function efficiently and to meetthe special time-frame, be provided with suchpowers, duties and responsibilities as maybe prescribed by the appropriate Governmentand provided with office infrastructure andbe assisted by such officers and employees

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who shall be subordinate to him as theappropriate Government may decide.

(3) Subject to the superintendence,directions and control of the appropriateGovernment and the Commissioner forRehabilitation and Resettlement, theformulation, execution and monitoring ofthe Rehabilitation and Resettlement Schemeshall vest in the Administrator.

44. Commissioner for rehabilitation andresettlement.— (1) The State Governmentshall appoint an officer of the rank ofCommissioner or Secretary of thatGovernment for rehabilitation andresettlement of affected families under thisAct, to be called the Commissioner forRehabilitation and Resettlement.

(2) The Commissioner shall be responsiblefor supervising the formulation ofrehabilitation and resettlement schemes orplans and proper implementation of suchschemes or plans.

(3) The Commissioner shall be responsiblefor the post-implementation social audit inconsultation with the Gram Sabha in ruralareas and municipality in urban areas.

45. Rehabilitation and resettlementcommittee at project level.— (1) Where landproposed to be acquired is equal to or morethan one hundred acres, the appropriateGovernment shall constitute a Committeeunder the chairmanship of the Collector tobe called the Rehabilitation and ResettlementCommittee, to monitor and review theprogress of implementation of theRehabilitation and Resettlement scheme andto carry out post-implementation social auditsin consultation with the Gram Sabha in ruralareas and municipality in urban areas.

(2) The Rehabilitation and ResettlementCommittee shall include, apart from officersof the appropriate Government, the followingmembers, namely:—

(a) a representative of women residingin the affected area;

(b) a representative each of theScheduled Castes and the Scheduled Tribesresiding in the affected area;

(c) a representative of a voluntaryorganisation working in the area;

(d) a representative of a nationalisedbank;

(e) the Land Acquisition Officer of theproject;

(f) the Chairpersons of the panchayatsor municipalities located in the affectedarea or their nominees;

(g) the Chairperson of the DistrictPlanning Committee or his nominee;

(h) the Member of Parliament andMember of the Legislative Assembly of theconcerned area or their nominees;

(i) a representative of the Requiring Body;and

(j) Administrator for Rehabilitation andResettlement as the Member-Convener.

(3) The procedure regulating the dischargeof the process given in this section andother matters connected thereto of theRehabilitation and Resettlement Committeeshall be such as may be prescribed by theappropriate Government.

46. Provisions relating to rehabilitation andresettlement to apply in case of certainpersons other than specified persons.— (1)Where any person other than a specifiedperson is purchasing land through privatenegotiations for an area equal to or more thansuch limits, as may be notified by theappropriate Government, considering therelevant State specific factors andcircumstances, for which the payment ofRehabilitation and Resettlement Costs underthis Act is required, he shall file an applicationwith the District Collector notifying him of—

(a) intent to purchase;


806

(b) purpose for which such purchase isbeing made;

(c) particulars of lands to be purchased.

(2) It shall be the duty of the Collector torefer the matter to the Commissioner for thesatisfaction of all relevant provisions underthis Act related to rehabilitation andresettlement.

(3) Based upon the Rehabilitation andResettlement Scheme approved by theCommissioner as per the provisions of thisAct, the Collector shall pass individual awardscovering Rehabilitation and Resettlemententitlements as per the provisions of this Act.

(4) No land use change shall be permittedif rehabilitation and resettlement is notcomplied with in full.

(5) Any purchase of land by a person otherthan specified persons without complyingwith the provisions of Rehabilitationand Resettlement Scheme shall be void abinitio:

Provided that the appropriate Governmentmay provide for rehabilitation andresettlement provisions on sale or purchaseof land in its State and shall also fix the limitsor ceiling for the said purpose.

(6) If any land has been purchased throughprivate negotiations by a person on or afterthe 5th day of September, 2011, which is morethan such limits referred to in sub-section (1)and, if the same land is acquired within threeyears from the date of commencement of thisAct, then, forty per cent. of the compensationpaid for such land acquired shall be sharedwith the original land owners.

Explanation.— For the purpose of thissection, the expressions—

(a) “original land owner” refers to theowner of the land as on the 5th day ofSeptember, 2011;

(b) “specified persons” includes anyperson other than—

(i) appropriate Government;

(ii) Government company;

(iii) association of persons ortrust or society as registeredunder the Societies RegistrationAct, 1860, wholly or partiallyaided by the appropriateGovernment or controlled bythe appropriate Government.

47. Quantification and deposit ofrehabilitation and resettlement amount.—Where the Collector is of the view that theobligations of the Requiring Body with regardto rehabilitation and resettlement can bequantified into monetary amount, he shallallow the payment of such amount into anaccount in complete satisfaction of suchobligations, which shall be administered bythe Administrator appointed under section 43,under the supervision of the Collector.

CHAPTER VII

National Monitoring Committee for rehabilitation andresettlement

48. Establishrnent of National MonitoringCommittee for rehabilitation and resettle-ment.— (1) The Central Government may,whenever necessary, for national or inter--State projects, constitute a NationalMonitoring Committee for reviewing andmonitoring the implementation ofrehabilitation and resettlement schemes orplans under this Act.

(2) The Committee may, besides havingrepresentation of the concerned Ministriesand Departments of the Central and StateGovernments, associate with it eminentexperts from the relevant fields.

(3) The procedures to be followed by theCommittee and the allowances payable tothe experts shall be such as may beprescribed.

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(4) The Central Government shall provideofficers and other employees to the Committeenecessary for its efficient functioning.

49. Reporting requirements.— The Statesand Union territories shall provide all therelevant information on the matters coveredunder this Act, to the National MonitoringCommittee in a regular and timely manner,and also as and when required.

50. Establishment of State MonitoringCommittee for rehabilitation andresettlement.— (1) The State Governmentshall constitute a State Monitoring Committeefor reviewing and monitoring theimplementation of rehabilitation andresettlement schemes or plans under this Act.

(2) The Committee may, besides havingrepresentatives of the concerned Ministriesand Departments of the State Government,associate with it eminent experts from therelevant fields.

(3) The procedures to be followed by theCommittee and the allowances payable to theexperts shall be such as may be prescribedby the State.

(4) The State Government shall providesuch officers and other employees to theCommittee as may be necessary for itsefficient functioning.

CHAPTER VIII

Establishment of Land Acquisition, Rehabilitationand Resettlement Authority

51. Establishment of Land AcquisitionRehabilitation and Resettlement Authority.—(1) The appropriate Government shall, for thepurpose of providing speedy disposal ofdisputes relating to land acquisition,compensation, rehabilitation and resettle-ment, establish, by notification, one or moreAuthorities to be known as “the LandAcquisition, Rehabilitation and ResettlementAuthority” to exercise jurisdiction, powersand authority conferred on it by or under thisAct.

(2) The appropriate Government shall alsospecify in the notification referred to insub-section (1) the areas within which theAuthority may exercise jurisdiction forentertaining and deciding the referencesmade to it under section 64 or applicationsmade by the applicant under second provisoto sub-section (1) of section 64.

52. Composition of Authority.— (1) TheAuthority shall consist of one person only(hereinafter referred to as the PresidingOfficer) to be appointed, by notification, bythe appropriate Government.

(2) Notwithstanding anything contained insub-section (1), the appropriate Governmentmay authorise the Presiding Officer of oneAuthority to discharge also the functions ofthe Presiding Officer of another Authority.

53. Qualifications for appointment asPresiding Officer.— (1) A person shall not bequalified for appointment as the PresidingOfficer of an Authority unless,—

(a) he is or has been a District Judge; or

(b) he is a qualified legal practitioner fornot less than seven years.

(2) A Presiding Officer shall be appointedby the appropriate Government inconsultation with the Chief Justice of a HighCourt in whose jurisdiction the Authority isproposed to be established.

54. Terms of office of Presiding Officer.—The Presiding Officer of an Authority shallhold office for a term of three years from thedate on which he enters upon his office oruntil he attains the age of sixty-five years,whichever is earlier.

55. Staff of Authority.— (1) The appropriateGovernment shall provide the Authoritywith a Registrar and such other officersand employees as that Government maythink fit.

(2) The Registrar and other officers andemployees of an Authority shall discharge


808

their functions under the general superin-tendence of the Presiding Officer.

(3) The salaries and allowances and otherconditions of service of the Registrar and otherofficers and employees of an Authority shallbe such as may be prescribed.

56. Salary and allowances and other termsand conditions of service of PresidingOfficers.— The salary and allowances payableto and the other terms and conditions ofservice (including pension, gratuity and otherretirement benefits) of the Presiding Officerof an Authority, shall be such as may beprescribed:

Provided that neither the salary andallowances nor the other terms and conditionsof service of the said Presiding Officers shallbe varied to their disadvantage afterappointment.

57. Filling up of vacancies.— If, for anyreason other than temporary absence, anyvacancy occurs in the office of the PresidingOfficer of an Authority then the appropriateGovernment shall appoint another person inaccordance with the provisions of this Act tofill the vacancy and the proceedings may becontinued before the Authority from the stageat which the vacancy is filled.

58. Resignation and removal.— (1) The

Presiding Officer of an Authority may, by

notice in writing under his hand addressed

to the appropriate Government, resign his

office:

Provided that the Presiding Officer shall,unless he is permitted by the appropriateGovernment to relinquish his office sooner,continue to hold office until the expiry of threemonths from the date of receipt of such noticeor until a person duly appointed as hissuccessor enters upon his office or until theexpiry of his term of office, whichever isearlier.

(2) The Presiding Officer of an Authorityshall not be removed from his office except

by an order made by the appropriateGovernment on the ground of proven mis--behaviour or incapacity after inquiry in thecase of the Presiding Officer of an Authoritymade by a Judge of a High Court in whichthe Presiding Officer concerned has beeninformed of the charges against him and givena reasonable opportunity of being heard inrespect of these charges.

(3) The appropriate Government may, byrules, regulate the procedure for theinvestigation of misbehaviour or incapacityof the aforesaid Presiding Officer.

59. Orders constituting Authority to be finaland not to invalidate its proceedings.— Noorder of the appropriate Governmentappointing any person as the Presiding Officerof an Authority shall be called in question inany manner, and no act or proceeding beforean Authority shall be called in questionin any manner on the ground merely ofany defect in the constitution of anAuthority.

60. Powers of Authority andprocedure before it.— (1) TheAuthority shall, for the purposes ofits functions under this Act, shallhave the same powers as are vestedin a civil court under the Code ofCivil Procedure, 1908 in respect ofthe following matters, namely:—

(a) summoning and enforcing theattendance of any person and examininghim on oath;

(b) discovery and production of anydocument or other material objectproducible as evidence;

(c) receiving evidence on affidavits;

(d) requisitioning of any public record;

(e) issuing commission for theexamination of witnesses;

(f) reviewing its decisions, directions andorders;

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(g) any other matter which may beprescribed.

(2) The Authority shall have originaljurisdiction to adjudicate upon everyreference made to it under section 64.

(3) The Authority shall not bebound by the procedure laid downin the Code of Civil Procedure, 1908but shall be guided by theprinciples of natural justice andsubject to the other provisions ofthis Act and of any rules madethereunder, the Authority shall havethe power to regulate its ownprocedure.

(4) The Authority shall, after receivingreference under section 64 and after givingnotice of such reference to all the partiesconcerned and after affording opportunity ofhearing to all parties, dispose of suchreference within a period of six months fromthe date of receipt of such reference andmake an award accordingly.

(5) The Authority shall arrange to delivercopies of the award to the parties concernedwithin a period of fifteen days from the dateof such award.

61. Proceedings before Authorityto be judicial proceedings.— Allproceedings before the Authorityshall be deemed to be judicialproceedings within the meaning ofsections 193 and 228 of the IndianPenal Code and the Authority shallbe deemed to be a civil court forthe purposes of sections 345 and 346of the Code of Criminal Procedure,1973.

62. Members and officers ofAuthority to be public servants.—The Member and officers of theAuthority shall be deemed to bepublic servants within the meaningof section 21 of the Indian PenalCode.

63. Jurisdiction of civil courts barred.— Nocivil court (other than High Court underarticle 226 or article 227 of the Constitutionor the Supreme Court) shall have jurisdictionto entertain any dispute relating to landacquisition in respect of which the Collectoror the Authority is empowered by or underthis Act, and no injunction shall be grantedby any court in respect of any such matter

64. Reference to Authority.— (1) Anyperson interested who has not accepted theaward may, by written application to theCollector, require that the matter be referredby the Collector for the determination of theAuthority, as the case may be, whether hisobjection be to the measurement of the land,the amount of the compensation, the personto whom it is payable, the rights ofRehabilitation and Resettlement underChapters V and VI or the apportionment ofthe compensation among the personsinterested:

Provided that the Collector shall, within aperiod of thirty days from the date of receiptof application, make a reference to theappropriate Authority:

Provided further that where the Collectorfails to make such reference within the periodso specified, the applicant may apply to theAuthority, as the case may be, requesting itto direct the Collector to make the referenceto it within a period of thirty days.

(2) The application shall state the groundson which objection to the award is taken:

Provided that every such application shallbe made—

(a) if the person making it was presentor represented before the Collector at thetime when he made his award, within sixweeks from the date of the Collector'saward;

(b) in other cases, within six weeks ofthe receipt of the notice from the Collectorunder section 21, or within six months from

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5 of 1908.

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the date of the Collector’s award,whichever period shall first expire:

Provided further that the Collector mayentertain an application after the expiry ofthe said period, within a further period ofone year, if he is satisfied that there wassufficient cause for not filing it within theperiod specified in the first proviso.

65. Collector’s statement to Authority.— (1)In making the reference, the Collector shallstate for the information of the Authority, inwriting under his hand—

(a) the situation and extent of the land,with particulars of any trees, buildings orstanding crops thereon;

(b) the names of the persons whom hehas reason to think interested in such land;

(c) the amount awarded for damagesand paid or tendered under section 13, andthe amount of compensation awardedunder the provisions of this Act;

(d) the amount paid or deposited underany other provisions of this Act; and

(e) if the objection be to the amount ofthe compensation, the grounds on whichthe amount of compensation wasdetermined.

(2) The statement under sub-section (1)shall be attached a schedule giving theparticulars of the notices served upon, andof the statements in writing made or deliveredby the persons interested respectively.

66. Service of notice by Authority.— TheAuthority shall thereupon cause a noticespecifying the day on which the Authoritywill proceed to determine the objection, anddirecting their appearance before theAuthority on that day, to be served on thefollowing persons, namely:—

(a) the applicant;

(b) all persons interested in the objection,except such (if any) of them as haveconsented without protest to receive

payment of the compensation awarded;and

(c) if the objection is in regard to thearea of the land or to the amount of thecompensation, the Collector.

67. Restriction on scope of proceedings.—The scope of the enquiry in every suchproceeding shall be restricted to aconsideration of the interest of the personsaffected by the objection.

68. Proceedings to be in public.— Everysuch proceeding shall take place in public,and all persons entitled to practice in anyCivil Court in the State shall be entitled toappear, plead and act (as the case may be)in such proceeding.

69. Determination of award by Authority.—(1) In determining the amount of compen-sation to be awarded for land acquiredincluding the Rehabilitation and Resettlemententitlements, the Authority shall take intoconsideration whether the Collector hasfollowed the parameters set out under section26 to section 30 and the provisions underChapter V of this Act.

(2) In addition to the market value of theland, as above provided, the Authority shallin every case award an amount calculated atthe rate of twelve per cent. per annum onsuch market value for the period commencingon and from the date of the publication of thepreliminary notification under section 11 inrespect of such land to the date of the awardof the Collector or the date of takingpossession of the land, whichever isearlier.

Explanation.— In computing the periodreferred to in this sub-section, any period orperiods during which the proceedings for theacquisition of the land were held up onaccount of any stay or injunction by the orderof any Court shall be excluded.

(3) In addition to the market value of theland as above provided, the Authority shallin every case award a solatium of one



811

hundred per cent. over the totalcompensation amount.

70. Form of award.— (1) Every award underthis Chapter shall be in writing signed bythe Presiding Officer of the Authority, and shallspecify the amount awarded under clausefirst of section 28, and also the amounts (ifany) respectively awarded under each of theother clauses of the same sub-section,together with the grounds of awarding eachof the said amounts.

(2) Every such award shall bedeemed to be a decree and thestatement of the grounds of everysuch award a judgment within themeaning of clause (2), and clause(9) of respectively, of section 2 ofthe Code of Civil Procedure, 1908.

71. Costs.— (1) Every such award shallalso state the amount of costs incurred in theproceeding under this Chapter, and by whatpersons and in what proportions they are tobe paid.

(2) When the award of the Collector is notupheld, the cost shall ordinarily be paid bythe Collector, unless the Authority concernedis of the opinion that the claim of theapplicant was so extravagant or that he wasso negligent in putting his case before theCollector that some deduction from his costsshould be made or that he should pay a partof the Collector’s costs.

72. Collector may be directed to pay intereston excess compensation.— If the sum, whichin the opinion of the Authority concerned,the Collector ought to have awarded ascompensation is in excess of the sum whichthe Collector did award as compensation, theaward of the Authority concerned may directthat the Collector shall pay interest on suchexcess at the rate of nine per cent. per annumfrom the date on which he took possession ofthe land to the date of payment of such excessinto Authority:

Provided that the award of the Authorityconcerned may also direct that where such

excess or any part thereof is paid to theAuthority after the date or expiry of a periodof one year from the date on which possessionis taken, interest at the rate of fifteen percent. per annum shall be payable from thedate of expiry of the said period of one yearon the amount of such excess or part thereofwhich has not been paid into Authority beforethe date of such expiry.

73. Re-determination of amount ofcompensation on the basis of the award ofthe Authority.— (1) Where in an award underthis Chapter, the Authority concerned allowsto the applicant any amount of compensationin excess of the amount awarded by theCollector under section 23, the personsinterested in all the other land covered bythe same preliminary notification undersection 11, and who are also aggrievedby the award of the Collector may,notwithstanding that they had not made anapplication to the Collector, by writtenapplication to the Collector within threemonths from the date of the award of theAuthority concerned require that the amountof compensation payable to them may bere-determined on the basis of the amount ofcompensation awarded by the Authority:

Provided that in computing the period ofthree months within which an application tothe Collector shall be made under this sub--section, the day on which the award waspronounced and the time requisite forobtaining a copy of the award shall beexcluded.

(2) The Collector shall, on receipt of anapplication under sub-section (1), conduct aninquiry after giving notice to all the personsinterested and giving them a reasonableopportunity of being heard, and make anaward determining the amount ofcompensation payable to the applicants.

(3) Any person who has not accepted theaward under sub-section (2) may, by writtenapplication to the Collector, require that thematter be referred by the Collector for thedetermination of the Authority concerned.

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74. Appeal to High Court.— (1) TheRequiring Body or any person aggrieved bythe Award passed by an Authority undersection 69 may file an appeal to the HighCourt within sixty days from the date ofAward:

Provided that the High Court may, if it issatisfied that the appellant was prevented bysufficient cause from filing the appeal withinthe said period, allow it to be filed within afurther period not exceeding sixty days.

(2) Every appeal referred to under sub--section (1) shall be heard as expeditiouslyas possible and endeavour shall be made todispose of such appeal within six months fromthe date on which the appeal is presented tothe High Court.

Explanation.— For the purposes of thissection, “High Court” means the High Courtwithin the jurisdiction of which the landacquired or proposed to be acquired issituated.

CHAPTER IX

Apportionment of compensation

75. Particulars of apportionment to bespecified.— When there are several personsinterested, if such persons agree in theapportionment of the compensation, theparticulars of such apportionment shall bespecified in the award, and as between suchpersons the award shall be conclusiveevidence of the correctness of theapportionment.

76. Dispute as to apportionment.— Whenthe amount of compensation has been settled,if any dispute arises as to the apportionmentof the same or any part thereof, or as to thepersons to whom the same or any partthereof is payable, the Collector may refersuch disputes to the Authority.

CHAPTER X

Payment

77. Payment of compensation or deposit ofsame in Authority.— (1) On making an awardunder section 30, the Collector shall tender

payment of the compensation awarded byhim to the persons interested entitled theretoaccording to the award and shall pay it tothem by depositing the amount in their bankaccounts unless prevented by someoneor more of the contingencies mentioned insub-section (2).

(2) If the person entitled to compensationshall not consent to receive it, or if there beno person competent to alienate the land, orif there be any dispute as to the title to receivethe compensation or as to the apportionmentof it, the Collector shall deposit the amount ofthe compensation in the Authority to whicha reference under section 64 would besubmitted:

Provided that any person admitted to beinterested may receive such paymentunder protest as to the sufficiency of theamount:

Provided further that no person who hasreceived the amount otherwise than underprotest shall be entitled to make anyapplication under sub-section (1) of section64:

Provided also that nothing herein containedshall affect the liability of any person, whomay receive the whole or any part of anycompensation awarded under this Act, to paythe same to the person lawfully entitledthereto.

78. Investment of money deposited inrespect of lands belonging to personincompetent to alienate.— (1) If any money isdeposited in the Authority concerned undersub-section (2) of section 77 and it appearsthat the land in respect whereof the samewas awarded belonged to any person whohad no power to alienate the same, theAuthority concerned shall—

(a) order the money to be invested inthe purchase of other lands to be heldunder the like title and conditions ofownership as the land in respect of whichsuch money shall have been deposited washeld; or



813

(b) if such purchase cannot be effectedforthwith, then in such Government of otherapproved securities as the Authorityconcerned shall think fit,

and shall direct the payment of the interestor other proceeds arising from suchinvestment to the person or persons whowould for the time being have been entitledto the possession of the said land, and suchmoneys shall remain so deposited andinvested until the same be applied—

(i) in the purchase of such other landsas aforesaid; or

(ii) in payment to any person orpersons becoming absolutely entitledthereto.

(2) In all cases of money deposited to whichthis section applies the Authority concernedshall order the costs of the following matters,including therein all reasonable charge andexpenses incident thereon, to be paid by theCollector, namely:—

(a) the costs of such investments asaforesaid;

(b) the costs of the orders for the paymentof the interest or other proceeds of thesecurities upon which such moneys are forthe time being invested, and for thepayment out of the Authority concerned ofthe principal of such moneys, and of allproceedings relating thereto, except suchas may be occasioned by litigation betweenadverse claimants.

79. Investment of money deposited in othercases.— When any money shall have beendeposited in the Authority concerned underthis Act for any cause other than the causesmentioned in section 78, the Authority may,on the application of any party interested orclaiming an interest in such money, order thesame to be invested in such Government orother approved securities as it may thinkproper, and paid in such manner as it mayconsider will give the parties interested

therein the same benefit from it as they mighthave had from the land in respect whereofsuch money shall have been deposited or asnear thereto as may be.

80. Payment of interest.— When theamount of such compensation is not paid ordeposited on or before taking possession ofthe land, the Collector shall pay the amountawarded with interest thereon at the rate ofnine per cent. per annum from the time of sotaking possession until it shall have been sopaid or deposited:

Provided that if such compensation or anypart thereof is not paid or deposited within aperiod of one year from the date on whichpossession is taken, interest at the rate offifteen per cent. per annum shall be payablefrom the date or expiry of the said period ofone year on the amount of compensation orpart thereof which has not been paid ordeposited before the date of such expiry.

CHAPTER XI

Temporary occupation of land

81. Temporary occupation of waste or arableland, procedure when difference as tocompensation exists.— (1) Whenever itappears to the appropriate Government thatthe temporary occupation and use of anywaste or arable land are needed for anypublic purpose, the appropriate Governmentmay direct the Collector to procure theoccupation and use of the same for such termsas it shall think fit, not exceeding three yearsfrom the commencement of such occupation.

(2) The Collector shall thereupon givenotice in writing to the person interested insuch land of the purpose for which the sameis needed, and shall, for the occupation anduse thereof for such term as aforesaid, andfor the materials (if any) to be taken therefrom,pay to them such compensation, either in agross sum of money, or by monthly or otherperiodical payments, as shall be agreed uponin writing between him and such personsrespectively.


814

(3) In case the Collector and the personsinterested differ as to the sufficiency of thecompensation or apportionment thereof, theCollector shall refer such difference to thedecision of the Authority.

82. Power to enter and take possession andcompensation on restoration .— (1) Onpayment of such compensation, or onexecuting such agreement, or on making areference under section 64, the Collector mayenter upon and take possession of the land,and use or permit the use thereof inaccordance with the terms of the said notice.

(2) On the expiration of the term, theCollector shall make or tender to the personsinterested compensation for the damage (ifany) done to the land and not provided forby the agreement, and shall restore the landto the persons interested therein:

Provided that, if the land has becomepermanently unfit to be used for the purposefor which it was used immediately before thecommencement of such term, and if thepersons interested shall so require, theappropriate Government shall proceed underthis Act to acquire the land as if it was neededpermanently for a public purpose.

83. Difference as to condition of land.— Incase the Collector and persons interesteddiffer as to the condition of the land at theexpiration of the term, or as to any matterconnected with the said agreement, theCollector shall refer such difference to thedecision of the Authority concerned.

CHAPTER XII

Offences and Penalties

84. Punishment for false information, malafide action, etc.— (1) If a person, inconnection with a requirement or directionunder this Act, provides any information thatis false or misleading, or produces any falsedocument, he shall be liable to be punishedwith imprisonment of either description for aterm which may extend to six months, or withfine which may extend to one lakh rupees, orwith both.

(2) Any rehabilitation and resettlementbenefit availed of by making a false claim orthrough fraudulent means shall be liable tobe recovered by the appropriate Governmentin the manner as may be prescribed.

(3) Disciplinary proceedings may be drawnup by the disciplinary authority against aGovernment servant, who if proved to beguilty of a mala fide action in respect of anyprovision of this Act, shall be liable to suchpunishment including a fine as thedisciplinary authority may decide.

85. Penalty for contravention of provisionsof Act.— If any person contravenes any ofthe provisions relating to payment ofcompensation or rehabilitation andresettlement, every such person shall beliable to a punishment of six months whichmay extend to three years or with fine orwith both.

86. Offences by companies.— (1) Wherean offence under this Act has been committedby a company, every person who at the timethe offence was committed was in charge of,and was responsible to, the company for theconduct of the business of the company, shallbe deemed to be guilty of the offence andshall be liable to be proceeded against andpunished accordingly:

Provided that nothing contained in thissub-section shall render any such personliable to any punishment if he proves thatthe offence was committed without hisknowledge or that he had exercised all duediligence to prevent the commission of suchoffence.

(2) Notwithstanding anything contained insub-section (1), where an offence under thisAct has been committed by a company andit is proved that the offence has beencommitted with the consent or connivanceof, or that the commission of the offence isattributable to any neglect on the part of,any director, manager, secretary or otherofficer of the company, such director,



815

manager, secretary or other officer shall alsobe deemed to be guilty of that offence andshall be liable to be proceeded against andpunished accordingly.

Explanation.— For the purposes of thissection,—

(a) “company” means any bodycorporate and includes a firm or otherassociation of individuals and a RequiringBody; and

(b) “director”, in relation to a firm, meansa partner in the firm.

87. Offences by Government depart-ments.— (1) Where an offence under thisAct has been committed by any departmentof the Government, the head of thedepartment, shall be deemed to be guilty ofthe offence and shall be liable to beproceeded against and punished accordingly:

Provided that nothing contained in thissection shall render any person liable to anypunishment if such person proves that theoffence was committed without hisknowledge or that such person exercised alldue diligence to prevent the commission ofsuch offence.

(2) Notwithstanding anything contained insub-section (1), where any offence under thisAct has been committed by a Department ofthe Government and it is proved that theoffence has been committed with the consentor connivance of, or is attributable to anyneglect on the part of any officer, other thanthe head of the department, such officer shallalso be deemed to be guilty of that offenceand shall be liable to be proceeded againstand punished accordingly.

88. Cognizance of offences by court.— Nocourt inferior to that of a MetropolitanMagistrate or a Judicial Magistrate of the firstclass shall be competent to try any offencepunishable under this Act.

89. Offences to be non--cognizable.— Notwithstanding

anything contained in the Code ofCriminal Procedure, 1973 everyoffence under this Act shall bedeemed to be non-cognizable

90. Offences to be cognizable only oncomplaint filed by certain persons.— No courtshall take cognizance of any offence underthis Act which is alleged to have beencommitted by a Requiring Body except on acomplaint in writing made by the Collectoror any other officer authorised by theappropriate Government or any member ofthe affected family.

CHAPTER XIII

Miscellaneous

91. Magistrate to enforce surrender.— If theCollector is opposed or impeded in takingpossession under this Act of any land, heshall, if a Magistrate, enforce the surrenderof the land to himself, and if not a Magistrate,he shall apply to a Magistrate or to theCommissioner of Police, and such Magistrateor Commissioner, as the case may be, shallenforce the surrender of the land to theCollector.

92. Service of notice.— (1) Save asotherwise provided in section 66, the serviceof any notice under this Act shall be madeby delivering or tendering a copy thereofsigned, in the case of a notice, by the officertherein mentioned, and, in the case of anyother notice, by order of the Collector.

(2) Whenever it may be practicable, theservice of the notice shall be made on theperson therein named.

(3) When such person cannot be found,the service may be made on any adultmember of his family residing with him; and,if no such adult member can be found, thenotice may be served by fixing the copy onthe outer door of the house in which theperson therein named ordinarily dwells orcarries on business, or by fixing a copy thereofin some conspicuous place in the office ofthe officer aforesaid or of the Collector or in

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the court-house, and also in someconspicuous part of the land to be acquired:

Provided that, if the Collector or Judge shallso direct, a notice may be sent by post, in aletter addressed to the person named thereinat his last known residence, address or placeof business and also publish the same in atleast two national daily newspapers and alsoon his website.

93. Completion of acquisition notcompulsory, but compensation to be awardedwhen not completed.— (1) The appropriateGovernment shall be at liberty to withdrawfrom the acquisition of any land of whichpossession has not been taken.

(2) Whenever the appropriate Governmentwithdraws from any such acquisition, theCollector shall determine the amount ofcompensation due for the damage sufferedby the owner in consequence of the noticeor of any proceedings thereunder, and shallpay such amount to the person interested,together with all costs reasonably incurredby him in the prosecution of the proceedingsunder this Act relating to the said land.

94. Acquisition of part of house orbuilding.— (1) The provisions of this Act shallnot be put in force for the purpose of acquiringa part only of any house, manufactory or otherbuilding, if the owner desires that the wholeof such house, manufactory or building shallbe so acquired:

Provided that, if any question shall arise asto whether any land proposed to be takenunder this Act does or does not form part ofa house, manufactory or building within themeaning of this section, the Collector shallrefer the determination of such question tothe Authority concerned and shall not betaken possession of such land until after thequestion has been determined.

(2) In deciding on such a reference madeunder the proviso to sub-section (1), theAuthority concerned shall have regard to thequestion whether the land proposed to be

taken, is reasonably required for the full andunimpaired use of the house, manufactory orbuilding.

(3) If, in the case of any claim under thisAct, by a person interested, on account ofthe severing of the land to be acquired fromhis other land, the appropriate Governmentis of opinion that the claim is unreasonableor excessive, it may, at any time before theCollector has made his award, order theacquisition of the whole of the land of whichthe land first sought to be acquired forms apart.

(4) In the case of any acquisition of land sorequired no fresh declaration or otherproceedings under sections 11 to 19, (bothinclusive) shall be necessary; but the Collectorshall without delay furnish a copy of the orderof the appropriate Government to the personinterested, and shall thereafter proceed tomake his award under section 23.

95. Acquisition of land at cost of a localauthority or Requiring Body.— (1) Where theprovisions of this Act are put in force for thepurpose of acquiring land at the cost of anyfund controlled or managed by a localauthority or of any Requiring Body, thecharges of land incidental to such acquisitionshall be defrayed from or by such fund orRequiring Body.

(2) In any proceeding held before aCollector or Authority concerned in suchcases the local authority or Requiring Bodyconcerned may appear and adduce evidencefor the purpose of determining the amount ofcompensation:

Provided that no such local authority orRequiring Body shall be entitled to demand areference to the Authority concerned undersection 64.

96. Exemption from income-tax, stamp dutyand fees.— No income tax or stamp duty shallbe levied on any award or agreement madeunder this Act, except under section 46 andno person claiming under any such award or



817

agreement shall be liable to pay any fee fora copy of the same.

97. Acceptance of certified copyas evidence.— In any proceedingunder this Act, a certified copy of adocument registered under theRegistration Act, 1908, including acopy given under section 57 of thatAct, may be accepted as evidenceof the transaction recorded in suchdocument.

98. Notice in case of suits for anything donein pursuance of Act.— No suit or otherproceeding shall be commenced against anyperson for anything done in pursuance of thisAct, without giving to such person a month’sprevious notice in writing of the intendedproceeding, and of the cause thereof, nor aftertender of sufficient amendments.

99. No. change of purpose to be allowed.—No change from the purpose or relatedpurposes for which the land is originallysought to be acquired shall be allowed:

Provided that if the land acquired isrendered unusable for the purpose for whichit was acquired due to a fundamental changebecause of any unforeseen circumstances,then the appropriate Government mayuse such land for any other publicpurpose.

100. No change of ownership withoutpermission to be allowed.— No change ofownership without specific permissionfrom the appropriate Government shall beallowed.

101. Return of unutilised land.— When anyland acquired under this Act remainsunutilised for a period of five years from thedate of taking over the possession, the sameshall be returned to the original owner orowners or their legal heirs, as the case maybe, or to the Land Bank of the appropriateGovernment by reversion in the manner asmay be prescribed by the appropriateGovernment.

Explanation.— For the purpose of thissection, “Land Bank” means a governmentalentity that focuses on the conversion ofGovernment owned vacant, abandoned,unutilised acquired lands and tax-delinquentproperties into productive use.

102. Difference in price of land whentransferred for higher consideration to beshared.— Whenever the ownership of anyland acquired under this Act is transferredto any person for a consideration, withoutany development having taken place on suchland, forty per cent. of the appreciated landvalue shall be shared amongst the personsfrom whom the lands were acquired or theirheirs, in proportion to the value at which thelands were acquired within a period of fiveyears from the date of acquisition:

Provided that benefit shall accrue only onthe first sale or transfer that occurs after theconclusion of the acquisition proceedings.

103. Provisions to be in addition to existinglaws.— The provisions of this Act shall be inaddition to and not in derogation of, any otherlaw for the time being in force.

104. Option of appropriate Government tolease.— Notwithstanding anything containedin this Act, the appropriate Government shall,wherever possible, be free to exercise theoption of taking the land on lease, instead ofacquisition, for any public purpose referredto in sub-section (1) of section 2.

105. Provisions of this Act not to apply incertain cases or to apply with certainmodifications.— (1) Subject to sub-section (3),the provisions of this Act shall not apply tothe enactments relating to land acquisitionspecified in the Fourth Schedule.

(2) Subject to sub-section (2) of section 106,the Central Government may, by notification,omit or add to any of the enactments specifiedin the Fourth Schedule.

(3) The Central Government shall, bynotification, within one year from the date of

16 of 1908.


818

commencement of this Act, direct that any ofthe provisions of this Act relating to thedetermination of compensation in accordancewith the First Schedule and rehabilitation andresettlement specified in the Second andThird Schedules, being beneficial to theaffected families, shall apply to the cases ofland acquisition under the enactmentsspecified in the Fourth Schedule or shall applywith such exceptions or modifications thatdo not reduce the compensation or dilute theprovisions of this Act relating to compensationor rehabilitation and resettlement as may bespecified in the notification, as the case maybe.

(4) A copy of every notification proposedto be issued under sub-section (3), shall belaid in draft before each House of Parliament,while it is in session, for a total period ofthirty days which may be comprised in onesession or in two or more successive sessions,and if, before the expiry of the sessionimmediately following the session or thesuccessive sessions aforesaid, both Housesagree in disapproving the issue of thenotification or both Houses agree in makingany modification in the notification, thenotification shall not be issued or, as the casemay be, shall be issued only in such modifiedform as may be agreed upon by both theHouses of Parliament.

106. Power to amend Schedule.— (1) TheCentral Government may, by notification,amend or alter any of the Schedules to thisAct, without in any way reducing thecompensation or diluting the provisions of thisAct relating to compensation or rehabilitationand resettlement.

(2) A copy of every notification proposedto be issued under sub-section (1), shall belaid in draft before each House of Parliament,while it is in session, for a total period ofthirty days which may be comprised in onesession or in two or more successive sessions,and if, before the expiry of the sessionimmediately following the session or thesuccessive sessions aforesaid, both Housesagree in disapproving the issue of the

notification or both Houses agree in makingany modification in the notification, thenotification shall not be issued or as the casemay be, shall be issued only in such modifiedform as may be agreed upon by both theHouses of Parliament.

107. Power of State Legislatures to enactany law more beneficial to affected families.—Nothing in this Act shall prevent any Statefrom enacting any law to enhance or add tothe entitlements enumerated under this Actwhich confers higher compensation thanpayable under this Act or make provisionsfor rehabilitation and resettlement which ismore beneficial than provided under this Act.

108. Option to affected families to availbetter compensation and rehabilitation andresettlement.— (1) Where a State law or apolicy framed by the Government of a Stateprovides for a higher compensation thancalculated under this Act for the acquisitionof land, the affected persons or his family ormember of his family may at their option optto avail such higher compensation andrehabilitation and resettlement under suchState law or such policy of the State.

(2) Where a State law or a policy framedby the Government of a State offers morebeneficial rehabilitation and resettlementprovisions under that Act or policy than underthis Act, the affected persons or his family ormember of his family may at his option opt toavail such rehabilitation and resettlementprovisions under such State law or suchpolicy of the State instead of under this Act.

109. Power of appropriate Government tomake rules.— (1) Subject to the otherprovisions of this Act, the appropriateGovernment may, by notification, make rulesfor carrying out the provisions of this Act.

(2) In particular, and without prejudice tothe generality of the foregoing, such rulesmay provide for all or any of the followingmatters, namely:—

(a) the process of obtaining the priorconsent under the first proviso to sub--section (2) of section 2;



819

(b) the limits of land in rural areas orurban areas under clause (a) of sub-section(3) of section 2;

(c) the manner and the time limit forcarrying out social impact assessmentstudy under sub-section (1) of section 4;

(d) the manner of preparing andpublishing social impact assessment studyreports under sub-section (1) of section 6;

(e) the manner and time for conductingsurvey and undertaking census under sub--section (1) of section 16;

(f) the manner of preparing draftRehabilitation and Resettlement Schemeunder sub-section (2) of section 16;

(g) the manner of conducting publichearing under sub-section (5) of section 16;

(h) the manner of depositing amount bythe Requiring Body under second provisoto sub-section (2) of section 19;

(i) the manner in which and the periodwithin which any excess amount paid maybe recovered under sub-section (3) ofsection 33;

(j) the form in which the DevelopmentPlan shall be prepared under sub-section(4) of section 41;

(k) the powers, duties and responsibili-ties of Administrator under sub-section (2)of section 43;

(l) the procedure of Rehabilitation andResettlement Committee under sub-section(3) of section 45;

(m) the procedure to be followed by theRehabilitation and Resettlement Committeeand allowances to be paid to the expertsunder sub-section (3) of section 48;

(n) the procedures to be followed by theState Monitoring Committee and the

allowances payable to the experts undersub-section (3) of section 50;

(o) the salaries and allowances and otherconditions of service of the Registrar andother officers and employees of an Authorityunder sub-section (3) of section 55;

(p) the salary and allowances payableto and the other terms and conditions ofservice (including pension, gratuityand other retirement benefits) of, thePresiding Officer of an Authority undersection 56;

(q) any other matter under clause (g) ofsub-section (1) of section 60;

(r) the manner of recovery of therehabilitation and resettlement benefits,availed of by making false claim or throughfraudulent means, under sub-section (2) ofsection 84;

(s) the manner of returning the unutilisedland by reversion under section 101;

(t) manner of publication wherever theprovisions of this Act provide for;

(u) any other matter which is requiredto be or may be specified under this Act.

110. Rules made by Central Government tobe laid before Parliament.— Every rule madeby the Central Government under this Actshall be laid as soon as may be after it ismade, before each House of Parliament whileit is in session for a total period of thirty dayswhich may be comprised in one session ortwo or more successive sessions, and if,before the expiry of the session immediatelyfollowing the session or the successivesessions aforesaid, both Houses agree inmaking any modification in the rule or bothHouses agree that the rule should not bemade, the rule shall thereafter have effectonly in such modified form or be of no effect,as the case may be; so, however, that anysuch modification or annulment shall be


820

without prejudice to the validity of anythingpreviously done under that rule.

111. Rules made by State Government tobe laid before State Legislature.— Every rulemade by the State Government under thisAct shall be laid, as soon as may be after itis made, before each House of the StateLegislature where it consists of two Houses,or where such Legislature consists of oneHouse, before that House.

112. Previous publication of rules made byCentral and State Government.— The powerto make rules by the Central or StateGovernment under this Act shall be subjectto the condition of the rules, being made afterprevious publication.

113. Power to remove difficulties.— (1) Ifany difficulty arises in giving effect to theprovisions of this Part, the Central Governmentmay, by order, make such provisions or givesuch directions not inconsistent with the

provisions of this Act as may appear to it tobe necessary or expedient for the removal ofthe difficulty:

Provided that no such power shall beexercised after the expiry of a period oftwo years from the commencement of thisAct.

(2) Every order made under this sectionshall be laid, as soon as may be after it ismade, before each House of Parliament.

114. Repeal and saving.— (1) TheLand Acquisition Act, 1894 ishereby repealed.

(2) Save as otherwise provided inthis Act the repeal under sub--section (1) shall not be held toprejudice or affect the generalapplication of section 6 of theGeneral Clauses Act, 1897 withregard to the effect of repeals.

10 of 1897.

1 of 1894.

THE FIRST SCHEDULE

[See section 30 (2)]

COMPENSATION FOR LAND OWNERS

The following components shall constitute the minimum compensation package to be given to thosewhose land is acquired and to tenants referred to in clause (c) of section 3 in a proportion to be decidedby the appropriate Government.

Serial Component of compensation Manner of determination Date ofNo. package in respect of land of value deter-

acquired under the Act minationof value

(1) (2) (3) (4)

1. Market value of land To be determined as provided under section 26.

2. Factor by which the market value is to 1.00 (One) to 2.00 (Two) based on the distancebe multiplied in the case of rural areas of project from urban area, as may be notified

by the appropriate Government.

3. Factor by which the market value is to 1 (One).be multiplied in the case of urban areas

4. Value of assets attached to land or To be determined as provided under section 29.building

5. Solatium Equivalent to one hundred per cent. of themarket value of land mentioned against serial



821

(1) (2) (3) (4)

number 1 multiplied by the factor specifiedagainst serial number 2 for rural areas orserial number 3 for urban areas plus valueof assets attached to land or building againstserial number 4 under column (2).

6. Final award in rural areas Market value of land mentioned againstserial number 1 multiplied by the factorspecified against serial number 2 plusvalue of assets attached to land or buildingmentioned against serial number 4 undercolumn (2) plus solatium mentioned againstserial number 5 under column (2).

7. Final award in urban areas Market value of land mentioned againstserial number 1 multiplied by the factorspecified against serial number 3 plusvalue of assets attached to land or build-ing mentioned against serial number 4under column (2) plus solatium mentionedagainst serial number 5 under column (2).

8. Other component, if any, to beincluded

Note:– The date on which values mentioned under column (2) are determined should be indicatedunder column (4) against each serial number.

___________

THE SECOND SCHEDULE

[See sections 31 (1), 38 (1) and 105 (3)]

ELEMENTS OF REHABILITATION AND RESETTLEMENT ENTITLEMENTS FOR ALL THE AFFECTEDFAMILIES (BOTH LAND OWNERS AND THE FAMILIES WHOSE LIVELIHOOD IS PRIMARILY

DEPENDENT ON LAND ACQUIRED) IN ADDITION TO THOSE PROVIDEDIN THE FIRST SCHEDULE.

Serial Elements of Rehabilitation and Entitlement/provision WhetherNo. Resettlement Entitlements provided or

not (if pro-vided, detailsto be given)

(1) (2) (3) (4)

1. Provision of housing units in case of (1) If a house is lost in ruraldisplacement areas, a constructed house

shall be provided as per theIndira Awas Yojana specifica-tions. If a house is lost in urbanareas, a constructed house shallbe provided, which will be notless than 50 sq mts in plinth area.


822

(1) (2) (3) (4)

(2) The benefits listed aboveshall also be extended to anyaffected family which is withouthomestead land and which hasbeen residing in the areacontinuously for a period of notless than three years precedingthe date of notification of theaffected area and which has beeninvoluntarily displaced fromsuch area:

Provided that any such family inurban areas which opts not totake the house offered, shall geta one-time financial assistancefor house construction, whichshall not be less than one lakhfifty thousand rupees:

Provided further that if anyaffected family in rural areas soprefers, the equivalent cost ofthe house may be offered in lieuof the constructed house:

Provided also that no familyaffected by acquisition shall begiven more than one house underthe provisions of this Act.

Explanation.— The houses inurban areas may, if necessary, beprovided in multi-storied buildingcomplexes.

2. Land for Land In the case of irrigation project,as far as possible and in lieu ofcompensation to be paid for landacquired, each affected familyowning agricultural land in theaffected area and whose land hasbeen acquired or lost, or whohas, as a consequence of theacquisition or loss of land, beenreduced to the status of amarginal farmer or landless, shallbe allotted, in the name of eachperson included in the recordsof rights with regard to theaffected family, a minimum of oneacre of land in the command areaof the project for which the landis acquired:



823

(1) (2) (3) (4)

Provided that in every projectthose persons losing land andbelonging to the ScheduledCastes or the Scheduled Tribeswill be provided land equivalentto land acquired or two and aone-half acres, whichever is lower.

3. Offer for Developed Land In case the land is acquired forurbanisation purposes, twentyper cent. of the developed landwill be reserved and offered toland owning project affectedfamilies, in proportion to thearea of their land acquired andat a price equal to the cost ofacquisition and the cost ofdevelopment:

Provided that in case the landowning project affected familywishes to avail of this offer, anequivalent amount will bededucted from the landacquisition compensationpackage payable to it.

4. Choice of Annuity or Employment The appropriate Governmentshall ensure that the affectedfamilies are provided with thefollowing options:–

(a) where jobs are createdthrough the project, afterproviding suitable training andskill development in the requiredfield, make provision foremployment at a rate not lowerthan the minimum wagesprovided for in any other law forthe time being in force, to at leastone member per affected familyin the project or arrange for a jobin such other project as may berequired; or

(b) one time payment of fivelakhs rupees per affected family;or

(c) annuity policies that shall paynot less than two thousandrupees per month per family fortwenty years, with appropriateindexation to the Consumer PriceIndex for Agricultural Labourers.


824

(1) (2) (3) (4)

5. Subsistence grant for displaced families Each affected family which is dis-for a period of one year placed from the land acquired

shall be given a monthly subsis-tence allowance equivalent tothree thousand rupees per monthfor a period of one year from thedate of award.

In addition to this amount, theScheduled Castes and theScheduled Tribes displaced fromScheduled Areas shall receive anamount equivalent to fiftythousand rupees.

In cases of displacement from theScheduled Areas, as far aspossible, the affected familiesshall be relocated in a similarecological zone, so as to preservethe economic opportunities,language, culture and communitylife of the tribal communities.

6. Transportation cost for displaced families Each affected family which isdisplaced shall get a one-timefinancial assistance of fifty thou-sand rupees as transportationcost for shifting of the family,building materials, belongingsand cattle.

7. Cattle shed/petty shops cost Each affected family havingcattle or having a petty shopshall get one-time financialassistance of such amount as theappropriate Government may, bynotification, specify subject to aminimum of twenty-five thousandrupees for construction of cattleshed or petty shop as the casemay be.

8. one-time grant to artisan, small Each affected family of an artisan,traders and certain others small trader or self-employed

person or an affected familywhich owned non-agriculturalland or commercial, industrial orinstitutional structure in theaffected area, and which hasbeen involuntarily displacedfrom the affected area due to landacquisition, shall get one-timefinancial assistance of suchamount as the appropriateGovernment may, by notification,



825

(1) (2) (3) (4)

specify subject to a minimum oftwenty-five thousand rupees.

9. Fishing rights In cases of irrigation or hydelprojects, the affected familiesmay be allowed fishing rights inthe reservoirs, in such manneras may be prescribed by theappropriate Government.

10. One-time Resettlement Each affected family shall beAllowance given a one-time “Resettlement

Allowance” of fifty thousandrupees only.

11. Stamp duty and registration fee (1) The stamp duty and otherfees payable for registration ofthe land or house allotted to theaffected families shall be borneby the Requiring Body.

(2) The land for house allottedto the affected families shall befree from all encumbrances.

(3) The land or house allottedmay be in the joint names of wifeand husband of the affected family.

___________

THE THIRD SCHEDULE

[See sections 32, 38(1) and 105(3)]

PROVISION OF INFRASTRUCTURAL AMENITIES

For resettlement of populations, the following infrastructural facilities and basic minimum amenitiesare to be provided at the cost of the Requisitioning Authority to ensure that the resettled population inthe new village or colony can secure for themselves a reasonable standard of community life and canattempt to minimise the trauma involved in displacement.

A reasonably habitable and planned settlement would have, as a minimum, the following facilities andresources, as appropriate:

Serial Component of infrastructure amenities provided/proposed Details ofNo. to be provided by the acquirer of land infrastructure

amenities providedby the acquirer of land

(1) (2) (3)

1. Roads within the resettled villages and an all-weather road link tothe nearest pucca road, passages and easement rights for all theresettled families be adequately arranged.


826

(1) (2) (3)

2. Proper drainage as well as sanitation plans executed beforephysical resettlement.

3. One or more assured sources of safe drinking water for each familyas per the norms prescribed by the Government of India.

4. Provision of drinking water for cattle.

5. Grazing land as per proportion acceptable in the State.

6. A reasonable number of Fair Price Shops.

7. Panchayat Ghars, as appropriate.

8. Village level Post Offices, as appropriate, with facilities foropening saving accounts.

9. Appropriate seed-cum-fertilizer storage facility if needed.

10. Efforts must be made to provide basic irrigation facilities to theagricultural land allocated to the resettled families if not fromthe irrigation project, then by developing a cooperative orunder some Government scheme or special assistance.

11. All new villages established for resettlement of the displacedpersons shall be provided with suitable transport facilitywhich must include public transport facilities through localbus services with the nearby growth centres/urban localities.

12. Burial or cremation ground, depending on the caste--communities at the site and their practices.

13. Facilities for sanitation, including individual toilet points.

14. Individual single electric connections (or connection throughnon-conventional sources of energy like solar energy), foreach household and for public lighting.

15. Anganwadi’s providing child and mother supplementalnutritional services.

16. School as per the provisions of the Right of Children to Freeand Compulsory Education Act, 2009 (35 of 2009).

17. Sub-health centre within two kilometres range.

18. Primary Health Centre as prescribed by the Government ofIndia.

19. Playground for children.

20. One community centre for every hundred families.

21. Places of worship and chowpal/tree platform for every fiftyfamilies for community assembly, of numbers and dimensionsconsonant with the affected area.

22. Separate land must be earmarked for traditional tribalinstitutions.

23. The forest dweller families must be provided, where possible,with their forest rights on non-timber forest produce andcommon property resources, if available close to the newplace of settlement and, in case any such family can continue



827

(1) (2) (3)

their access or entry to such forest or common property inthe area close to the place of eviction, they must continue toenjoy their earlier rights to the aforesaid sources of livelihood.

24. Appropriate security arrangements must be provided for thesettlement, if needed.

25. Veterinary service centre as per norms.

Note.– Details of each component of infrastructural amenities mentioned under column (2) against serial numbers

1 to 25 should be indicated by the acquirer of land under column (3).

__________

THE FOURTH SCHEDULE

(See section 105)

LIST OF ENACTMENTS REGULATING LAND ACQUISITION AND REHABILITATIONAND RESETTLEMENT

1. The Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of 1958).

2. The Atomic Energy Act, 1962 (33 of 1962).

3. The Damodar Valley Corporation Act, 1948 (14 of 1948).

4. The Indian Tramways Act, 1886 (11 of 1886).

5. The Land Acquisition (Mines) Act, 1885 (18 of 1885).

6. The Metro Railways (Construction of Works) Act, 1978 (33 of 1978).

7. The National Highways Act, 1956 (48 of 1956).

8. The Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 (50 of 1962).

9. The Requisitioning and Acquisition of immovable Property Act, 1952 (30 of 1952).

10. The Resettlement of Displaced Persons (Land Acquisition) Act, 1948 (60 of 1948).

11. The Coal Bearing Areas Acquisition and Development Act, 1957 (20 of 1957).

11. The Electricity Act, 2003 (36 of 2003).

12. The Railways Act, 1989 (24 of 1989).

——— ———

Department of Science, Technology & Environment___

Notification

3-154-2008/STE-DIR/795

In exercise of the powers conferred by sub-rule 3 of Rule 8 of the Bio-Medical Waste(Management and Handling) Rules, 1998, the Government of Goa prescribes the following feesto be accompanied with every application in Form I for grant of authorization by the Goa StatePollution Control Board, namely:—

Sr. No. Application for grant of Authorization to,— Amount of Fees (in Rs.)

1 2 3

(1) HOSPITAL AND NURSING HOME including Government Hospital/PrivateHospitals/Charitable Hospitals/Private Nursing Home and Health CareEstablishment


828

1 2 3

With minimum 1 but upto 5 beds 500/- per annum.With minimum 6 to but upto 25 beds 1,250/- per annum.With minimum 26 to but upto 50 beds 2,500/- per annum.With minimum 51 to but upto 200 beds 5,000/- per annum.With minimum 201 to but upto 500 beds 10,000/- per annum.With more than 500 beds 15,000/- per annum.

(2) Health care Institution including clinic, dispensary, pathological 1,250/- per annum.laboratory, veterinary clinics and blood banks generating bio-medicalwaste and providing treatment/service

(3) Veterinary college and hospital 5,000/- per annum.

(4) Animal Research Institution 1,000/- per annum.

(5) Animal Houses

(a) Dairy Farms (more than 100 cows) 2,000/- per annum.

(b) Poultry Farms (more than 10,000 birds) 5,000/- per annum.

(c) Poultry Hatchery (more than 10,000 birds) 1,000/- per annum.

(d) Piggery (more than 200 pigs) 1,000/- per annum.

(e) Goat/Sheep Farms (more than 300 goats and/or sheeps) 1,000/- per annum.

(6) Medical Research Institution 1,000/- per annum.

(7) Bio-medical waste transporter 2,000/- per annum.

(8) Operator of common treatment/disposal facility of bio-chemical waste 5,000/- per annum.

(9) Forensic laboratories 1,000/- per annum.

(10) EVERY INSTITUTION AND OPERATOR CONNECTED WITHMANAGEMENT AND HANDLING OF BIO-MEDICAL WASTE

The operators having an incinerator with capacity up to 50 kgs. per hour 10,000/- per annum.

Waste operators having an incinerator with capacity of more than 50 kgs. 20,000/- per annum.per hour

Operators having facilities other than incinerator 1,000/- per annum.

By order and in the name of the Governor of Goa.

Srinet Kothwale, Director & ex officio Joint Secretary (ST&E).

Saligao, 14th August, 2014.——— ———

Corrigendum

In the Official Gazette Series I No. 20, Extraordinary dated 20th August, 2014 under the Department of Law& Judiciary (Legal Affairs Division) on page No. 742, the name of the Law Secretary may be corrected toread as “R. K. SRIVASTAVA, Secretary to the Government of Goa, Law Department (Legal Affairs)” instead of

“R. R. SRIVASTAVA, Secretary to the Law Department (Legal Affairs)”.

www.goaprintingpress.gov.in

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