The Goa Land Revenue Code, 1968

---1--- GOVERNMENT OF GOA Law and Judicial Department Notification LD/2-A/4/68 The following Act passed by the Legislative Assembly of Goa, Daman and Diu which received the Assent of the President of India on the 31st July, 1969 is hereby published for general information. M. S. Borkar, Under Secretary (Law). Panaji, 1st September, 1969. 10th Bhadra, 1891. The Goa Land Revenue Code, 1968 (Act No. 9 of 1969) AN ACT to consolidate and amend the Law relating to Land and Land Revenue in the State of Goa. Whereas it is expedient to consolidate and amend the law relating to land and land revenue in the Union territory of Goa, Daman and Diu and to provide for matters connected therewith; Be it enacted by the Legislative Assembly of Goa, Daman and Diu in the Nineteenth Year of the Republic of India, as follows:— CHAPTER I Preliminary 1. Short title, extent and commencement.— (1) This Act may be called the Goa 1[***] Land Revenue Code, 1968. (2) It extends to the whole of the 2[State of Goa]. (3) It shall come into force on such date as the Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different areas and for different provisions of this Code. 2. Definitions.— In this Code, unless the context otherwise requires,— (1) “agriculture”, with its grammatical variations and cognate expressions, means raising of useful or valuable products which derive nutriment from the soil with the aid of human labour and skill and includes horticulture, dairy farming, poultry farming, stock breeding and grazing; 3[(1A) “Alvara” means an Alvara granted under the Decree No. 3602 dated 24-11-1917; (1B) “Alvara holder” means a person who has been granted an Alvara; ---2--- (1C) “appointed day” means the 1st day of March, 1971;] (2) “boundary mark” means any erection, whether of earth, stone or other material, and also any hedge, unploughed ridge, or strip of ground, or other object, whether natural; or artificial, set up, employed, or specified by a survey officer or revenue officer having authority in that behalf, in order to designate the boundary of any division of land; (3) “building” means any structure, not being a farm building; (4) “building site” means a portion of land held for building purposes, whether any building be actually erected thereupon or not, and includes the open ground or court yard enclosed by, or appurtenant to, any building erected thereupon; (5) “class of land” means any of the following classes of land, namely, dry crop, rice, garden land or non-arable; (6) “classification value” means the relative valuation of land as recorded in the survey records having regard to its soil, water, situation and other advantages; 4[(6A) “coastal village” means any tract of land adjoining the sea which the Government may, by notification in the Official Gazette, declare to be a coastal village.] (7) “Collector” means the Collector of the district and includes any officer appointed by the Government to exercise and perform all or any of the powers and functions of a Collector under this Code; (8) “Commencement of this Code”, in relation to any provision, means the date specified in respect of that provision in a notification under sub-section (3) of section 1; (9) “Competent authority”, in relation to any provision, means any officer appointed by the Government to be the competent authority for the purpose of that provision; 5[(9A) “contract of emphyteusis” means contract of emphyteusis granted under the Decree No. 3602 dated 24-11-1917; (9B) “Decree” means the erstwhile Portuguese Decree No. 3602 dated 24-11-1917;] (10) “Family” means, in relation to a person, the wife or husband of such person, his children, grandchildren, parents and brothers, and in the case of a joint Hindu family, any member of such family; (11) “farm building” means a structure erected on land assessed or held for the purpose of agriculture for all or any of the following purposes connected with such land or any other land belonging to or cultivated by the holder thereof, namely:— (a) for the storage of agricultural implements, manure or fodder, (b) for the storage of agricultural produce, (c) for sheltering cattle, (d) for residence of members of the family, servants or tenants of the holder, or (e) for any other purpose which is an integral part of his cultivating arrangement; (12) “Gaothan land” means the land situated within the existing limits of the site of a village, town or city and includes the land which may be so determined under section 64 of the Code; (13) 6[Government” means “the Government of Goa” except in respect of sections 161 and 162, in which it means both the Central Government and the Government of Goa] (14) “Government lessee” means a person holding land from Government under a lease as provided in section 26; ---3--- (15) “group” means all lands in a zone, which in the opinion of the Government or an officer authorised by it in this behalf are sufficiently homogeneous in respect of the factors enumerated in sub-section (2) of section 69 to admit of the application-to them of the same standard rates for the purpose of assessment of land revenue; (16) “holder” means a person lawfully in possession of land, whether such possession is actual or not; (17) “holding” means a portion of land held by a holder; (18) “improvement”, in relation to any land, means any work which materially adds to the value of the land and which is suitable to the land and consistent with the purpose for which it is held and which, if not executed on the holding, is either executed directly for its benefit or is, after execution, made directly beneficial to it; and subject to the foregoing provisions, includes— (i) the construction of tanks, wells, water-channels and other works for the storage, supply and distribution of water for agricultural purposes or for human use or for cattle employed in agriculture; (ii) the construction of works for the drainage of land or for the protection of land from floods or from erosion or from other damage by water; (iii) the preparation of land for irrigation; (iv) the conversion of single crop land into double or multiple crop land; (v) the reclaiming, clearing, enclosing, levelling or terracing of land used for agricultural purposes; (vi) the erection on land or in the immediate vicinity thereof, otherwise than on the village site, of a building or house for the occupation of the tenant, his family and servants or a cattle-shed, a storehouse or other construction for agricultural purposes or of any building required for the convenient or profitable use or occupation of the land; and (vii) the renewal or reconstruction of any of the foregoing works or such alterations therein or additions thereto as are not of the nature of ordinary repairs; (19) “land” includes benefits to arise out of land, and things attached to the earth, or permanently fastened to anything attached to the earth or other defined portions thereof; (20) “land revenue” means all sums and payments, in money received or legally claimable by or on behalf of the Government from any person on account of any land or interest in or right exercisable over land held by or vested in him, under whatever designation such sum may be payable and any cess or rate authorised by the Government under the provisions of any law for the time being in force; and includes premium, rent, lease money, or any other payment provided under any Act, rule, contract or deed on account of any land; (21) “minor” means a person who is deemed not to have attained majority under the Indian Majority Act, 1875; (22) “non-agricultural assessment” means the assessment fixed on any land under the provisions of this Code or rules made thereunder with reference to the use of the land for a non-agricultural purpose; (23) “occupancy” means a portion of land held by an occupant; (24) “occupant” means a holder in actual possession of land, other than a tenant or Government lessee; provided that, where a holder in actual possession is a tenant, the land holder shall be deemed to be the occupant; ---4--- (25) “occupation” means possession; (26) “to occupy land” means to possess or to take possession of land; (27) “Official Gazette” means the Goa, Daman and Diu Government Gazette; (28) “pay”, “payable” and “payment”, used with reference to land revenue or rent, includes “deliver”, “deliverable” and “delivery”; (29) "prescribed" means prescribed by rules made under this Code; (30) “revenue officer” means every officer of any rank whatsoever appointed under any of the provisions of this Code, and employed in or about the business of the land revenue or of the surveys, assessment, accounts, or records connected therewith; (31) “settlement” means the result of the operations conducted in a zone in order to determine the land revenue assessment; (32) “standard rate” means, with reference to any particular class of land in a group, the value of four hundredths of the average yield of crops per hectare on land in that class of one hundred paise classification value; (33) “survey mark” means, for the purposes of this Code, a mark erected for purposes of cadastral survey of land; (34) “survey number” means a portion of land of which the area and assessment are separately entered, under an indicative number in the land records; (35) “tenant” means a person who cultivates or holds the land of another person under an agreement, express or implied, on condition of paying rent therefor and includes a person deemed to be a tenant under the Goa, Daman and Diu Agricultural Tenancy Act, 1964; but does not include a lessee holding directly under the Government; (36) “term of settlement” means the period for which the Government has declared that a settlement shall remain in force; (37) “Tribunal” means the Administrative Tribunal constituted under the Goa, Daman and Diu Administrative Tribunal Act, 1965, or any other Tribunal constituted by the Government for this purpose; (38) “urban area” means the area for the time being included within the limit of any municipal corporation or municipality constituted under any law for the time being in force or of any village or group of villages, which may be notified by the Government as urban area, regard being had to the density of population and of buildings in the area; and the expression "non-urban area" shall be construed, accordingly; (39) “village” means any tract of land which before the commencement of this code was recognised as or was declared to be a village under any law or usage for the time being in force or which may after such commencement be recognised as a village at any settlement or which the Government may, by notification in the Official Gazette, declare to be a village; and includes a town, a city and all the land composed in a village, town or city for the purposes of this code; (40) “year” means the agricultural year commencing on such date as the Government may, in the case of any specified area, by notification in the Official Gazette, appoint; (41) “zone” means a local area comprising a taluka or a group of talukas or portions ---5--- thereof of one or more districts, which, in the opinion of the Government or an officer authorised by it in this behalf, is contiguous and homogenous in respect of— (i) physical configuration, (ii) climate and rainfall, (iii) principal crops grown in the area, and (iv) soil characteristics. CHAPTER II Revenue Divisions, Revenue Officers and their appointment. 3. Power to create, alter or abolish districts, sub-divisions, etc.— (1) The Government may, by notification in the Official Gazette, constitue the territories, to which this Code extends, into one or more districts, and may similarly divide any district into sub-divisions, sub-divisions into talukas and talukas into villages and may alter the limits of; or abolish, any district, sub-division or taluka. (2) The Collector may by an order published in the prescribed manner arrange the villages in a taluka which shall constitute a saza; and the sazas in a taluka which shall constitute a circle, and may alter the limits of, or abolish, any saza or circle, so constituted. (3) The districts, sub-divisions, talukas, circles and sazas existing at the commencement of this code shall continue respectively to be the districts, sub-divisions, talukas, circles and sazas under this code unless otherwise provided under sub-section (1) or (2). 4. Appointment of revenue and survey officers.— The Government, or such officer as may be authorized by Government in this behalf, may appoint the following classes of revenue and survey officers, namely:— (a) Collector, including Additional Collector; (b) Director of Settlement and Land Records; (c) Assistant Collectors and Deputy Collectors; (d) Survey and Settlement Officers; (e) Superintendent of Surveys and Land Records; (f) Assistant Survey and Settlement Officers; (g) Inspectors of Surveys and Land Records; (h) Mamlatdars, including Joint Mamlatdars; (i) Awalkarkuns; (j) Revenue Inspectors; (k) Village Accountants or Talathis; and (1) Such other village officers and servants as may be specified by rules made under this Code. 5. Chief controlling authority in revenue matters.— The chief controlling authority in all matters connected with the land revenue shall be the Government. 6. Function of the Collector and certain other revenue officers.— (1) Each district shall be placed under the charge of a Collector who shall be in charge of the revenue administration of the district and exercise the powers and discharge the duties of the Collector under this Code or any other law for the time being in force and shall exercise such other powers of superintendence and control within the district and over the officers subordinate to him as may, from time to time, be prescribed. ---6--- (2) Each sub-division shall be placed under the charge of an Assistant or Deputy Collector who shall, subject to the provisions of Chapter XII, perform all the duties and functions and exercise all the powers conferred upon a Collector by this Code or any law for the time being in force, in relation to the sub-division in his charge. Such Assistant or Deputy Collector shall be called a Sub-Divisional Officer: Provided that the Collector may whenever he may deem fit direct any such Sub-Divisional Officer not to perform certain duties or exercise certain powers and may reserve the same to himself or assign them to any Assistant or Deputy Collector subordinate to the Collector. (3) Each Taluka shall be placed under the charge of a Mamlatdar. (4) The duties and powers of the Mamlatdars and other revenue officers shall be such as may be imposed or conferred on them by or under this Code or any other law for the time being in force or by any general or special order of the Government published in the Official Gazette: Provided that in case of appointment of Additional Collectors or Joint Mamlatdars by Government in such number as it may deem necessary in each district, such officers shall exercise such of the powers and discharge such of the duties of the Collector, the Sub-Divisional Officer or the Mamlatdar under this Code or any other law for the time being in force as the Government may direct specifically, by notification, in this behalf. Explanation:— (a) An Additional Collector shall not be subordinate to the Collector in the district, except in such matters as Government may, by general or special orders, specify in this behalf. (b) An Assistant Collector or Deputy Collector shall not be subordinate to the Sub-Divisional Officer in the Sub-Division except in such matters as the Government may, by general or special orders, specify in this behalf. (c) A Joint Mamlatdar shall not be subordinate to the Mamlatdar in the Taluka except in such matters as the Government may, by general or special orders, specify in this behalf. [ 7 6A. Duties and Powers of Deputy Collector.— Notwithstanding anything contained in this Code or any order issued by the Collector, reserving his duties, functions and powers bestowed on the Deputy Collector in terms of sub-section (2) of section 6 of this Code unto himself, the Deputy Collector shall be deemed to have performed all the duties and functions and exercised validly, all the powers of the Collector before the date of commencement of the Goa Land Revenue Code (Amendment and Validation of Proceedings and Orders) Act, 2015, as if such powers were vested in him at all material times under this Code] 7. Village accountant.— (1) It shall be lawful for the Government to appoint a village accountant or talathi for a village or a group of villages. (2) The village accountant shall perform all the duties as hereinafter prescribed by this Code or any other law for the time being in force and shall be assisted by such village servants as may be appointed from time to time. 8. Village officer to keep such records as may be prescribed.— Government may prescribe from time to time what registers, accounts and other records shall be kept by the ---7--- village officers. 9. Settlement and survey officers.— The officers specified in clauses (b), (d), (e), (f) and (g) of section 4 shall have power to take cognisance of all matters connected with the survey of land and the settlement of land revenue rates and the preparation and maintenance of land records and other registers and shall exercise all such powers and perform all such duties as may be prescribed. 10. Subordination of revenue officers.— All revenue officers shall be subordinate to the Government; and subject to the explanation to section 6 all revenue officers in the district or sub-division or taluka shall be subordinate to the Collector or the Sub-Divisional Officer or the Mamlatdar, as the case may be. 11. Combination of offices.— It shall be lawful for the Government to appoint one and the same person to any two or more of the offices provided for in this Chapter, to make any appointment by virtue of office and also to confer on any officer of the Government all or any of the powers and duties of any revenue officer. 12. Notification of appointments.— All appointments made under this Chapter except appointments of Awal Karkuns, revenue inspectors and village accountants and other village officers and servants shall be notified in the Official Gazette; but the appointment shall take effect from the date on which an officer assumes charge of his office. 13. Seals.— The Government shall, from time to time, by notification in the Official Gazette, specify the revenue officers who shall use a seal and also the size and description of the seal which each such officer shall use. CHAPTER III Of lands 14. Title of Government to lands, etc.— (1) All lands, public roads, lanes and paths and bridges, ditches, dikes and fences on or beside the same, the bed of the sea and of harbours and creeks below the high water mark, and of rivers, streams, nallas, lakes and tanks, and all canals and water courses, and all standing and flowing water and all rights in or over the same or appertaining thereto, which are not the property of any person, are and are hereby declared to be the property of the 8[***] Government subject to right of way, and all other rights, public and individual, legally subsisting. Explanation:— In this section, "high water-mark" means the highest point reached by ordinary spring tides at any season of the year. (2) Unless it is otherwise expressly provided in any law for the time being in force or in the terms of a grant made by the Government, the right to mines, minerals and mineral products shall vest in the 9[***] Government and it shall have all the powers necessary for the proper enjoyment of such rights. (3) Where any property or any right in or over any property is claimed by or on behalf of the 10[***] Government or by any person as against the 11[***] Government and the claim is disputed, such dispute shall, after due notice has been given and after holding a formal inquiry, be decided by the Collector or 12[an officer authorised by the Government in this behalf.]. ---8--- (4) Any person aggrieved by an order made under sub-section (3) or in appeal or revision there from may institute a civil suit to contest the order within a period of one year from the date of such order, and the decision of the civil court shall be binding on the parties. (5) Any suit instituted in any civil court after the expiration of one year from the date of any order passed under sub-section (3) or, if appeal or revision application has been made against such order within the period of limitation, then from the date of any order passed by the appellate or revisional authority, shall be dismissed (though limitation has not been set up as a defence) if the suit is brought to set aside such order or if the relief claimed is inconsistent with such order, provided that the plaintiff has had due notice of such order. (6) Any person shall be deemed to have had due notice of an inquiry or order under this section if notice thereof has been given in accordance with rules made in this behalf by the Government. 15. Extinction of rights of public and individuals in or over any public road, land or path not required for use of public.— (1) Whenever it appears to the Government that any public road, lane or path which is the property of the 13[***] Government, or part thereof, is not required for the use of the public, the Government may, by a notification published in the Official Gazette, make a declaration to such effect, stating in such declaration that it is proposed that the rights of the public as well as of all individuals in or over any such road, lane or path, or part thereof, as the case may be, shall be extinguished. On the publication of such notification, the Collector shall, as soon as possible, cause public notice of such declaration to be given at convenient places on, or in the vicinity of such road, lane or path, or part thereof, as the case may be. Such declaration and notice shall specify, as far as practicable, the situation and limits of such road, lane or path, or part thereof, and shall invite objections to the aforesaid proposal. (2) Any member of the public or any person having any interest or right, in addition to the right of public highway, in or over such road, lane or path, or part thereof, or having any other interest or right which is likely to be adversely affected by the proposal may, within ninety days after the issue of the notification under sub-section (1), state to the Collector in writing his objections to the proposal, the nature of such interest or right and the manner in which it is likely to be adversely affected, and the amount and particulars of his claim to compensation for such interest or right: Provided that the Collector may allow any person to make such a statement after the period of ninety days after the issue of the notification under sub-section (1), if he is satisfied that such person had sufficient cause for not making it within the said period. (3) The Collector shall give every person who has made a statement to him under sub-section (2), an opportunity of being heard either in person or by pleader and shall, after hearing all such persons in such manner and after making such further inquiry, if any, as he thinks, necessary, determine the amount of compensation, if any, which should, in his opinion, be given in any case in respect of any substantial loss or damage likely to be caused by the proposed extinction of the rights of the public as well as of individuals as aforesaid. The provisions of Sections 9, 11, 12, 13, 14 and 15 of the Land Acquisition Act, 1894, shall, so far as may be, apply to the proceedings held by the Collector for the determination of the amount of compensation under this sub-section: Provided that no compensation shall be awarded for the extinction or diminution of the right of public highway over such road, lane or path or part thereof. ---9--- (4) The Collector shall submit to the Government the record of the proceedings held by him with a report containing his recommendations on the objections, if any, received by him and stating the amounts of compensation, if any, which, in his opinion, are payable to any persons. (5) If the Government its satisfied after considering the record of the proceedings and the report, if any, made under sub-section (4), that the public road, lane or path, or part thereof, specified in the notification under sub-section (1), is not required for the use of the public, a declaration shall be published in the Official Gazette that all rights of the public as well as of individuals in or over such road, lane or path or part thereof are extinguished; and all such rights shall thereupon be extinguished, and such road, lane or path, or part thereof, shall be at the disposal of the Government with effect from the date of such declaration. (6) The decision of the Collector regarding the amount of compensation and the person to whom such compensation, if any, is payable, shall, subject to any modification made by the Government, be final, and payments shall be made by the Collector to such persons accordingly. 16. Rights to trees, forest, etc.— (1) The right to all trees, jungles or other natural products growing on land set apart for forest reserves and to all trees, brush wood, jungle or other natural product, wherever growing, except in so far as the same may be the property of any person, shall vest in the 14[***] Government, and such trees, brush wood, jungle or other natural product shall be preserved or disposed of in such manner as may be deemed fit by Government. (2) All road-side trees which have been planted and reared by or under the orders or at the expense of the Government and all trees which have been planted and reared by the side of any road belonging to the 15[***] Government (but not on any land belonging to any person) shall vest in the 16[***] Government. (3) The Government may, by order, prohibit cutting, gathering, removing the timber of teak, black-wood, sandalwood trees and such other trees as may be mentioned therein, which exist in the property of any person, and thereupon such trees shall not be cut down, gathered or removed, without the permission of the competent authority. (4) Any act interfering with trees, their timber, foliage etc. mentioned in the preceding sub-sections, shall be deemed to be an offence under section 188 of the Indian Penal Code. 17. Recovery of value of trees, etc., unauthorisedly appropriated.— Any person who shall unauthorisedly fell and appropriate any tree or any portion thereof which is the property of the 17[***] Government shall be liable to the Government for the value thereof, which shall be recoverable from him as an arrear of land revenue, in addition to any penalty to which he may be liable under the provisions of this Code for the occupation of the land or otherwise and notwithstanding any criminal proceedings which may be instituted against him in respect of his said appropriation of 18[***] Government property. 18. Lands may be assigned for special purposes, and when assigned, shall not be otherwise used without sanction of Collector.— Subject to the general orders of the Government, it shall be lawful for a survey officer during the course of survey operations under this Code, and at any other time, for the Collector, to set apart unoccupied lands (not in the lawful occupation of any person), in villages or parts thereof for forest or fuel reserve, for free pasturage of village cattle or for grass or fodder reserve, for burial or ---10--- cremation ground, for gaothan, for camping ground, for threshing floor, for bazaar, for skinning ground, for public purposes such as roads, lanes, parks, drains or for any other public purpose; and the lands assigned shall not be otherwise used without the sanction of the Collector and in the disposal of lands under section 21 due regard shall be had to all such special assignments. 19. Recovering value of natural products unauthorisedly removed from certain lands.— Any person who unauthorisedly removes from any land which is set apart for a special purpose or from any land which is the property of the 19[***] Government any natural product (not being trees) shall be liable to the Government for the value thereof, and in addition, to a fine not exceeding five times the value, of the natural product so removed. Such value and fine shall be recoverable from him as an arrear of land revenue. 20 [19. Recovering value of natural products unauthorisedly removed from certain lands. — Any person who unauthorisedly removes from any land which is set apart for a special purpose, or from any land which is the property of the Government, any natural product (not being trees), shall be liable to the Government for the value thereof, and in addition, shall be liable to a penalty not exceeding ten times the value of the natural product so removed. Such value and penalty shall be recoverable from him as an arrear of land revenue.] Of the Grant of Land 20. Classes of holders of land.— (1) Land granted under the provision of this Code or any other law shall be held under one of the following classes of holders as may be specified in the order of grant: (a) Occupants —Class I (b) Occupants — Class II (c) Government lessees. (2) Occupants — Class I — are persons who shall be entitled to hold land in perpetuity and without any restrictions on the right to transfer. (3) Occupants — Class II — are persons who shall be entitled to hold land in perpetuity but subject to such restrictions on the right to transfer as may be prescribed by rules. (4) Government lessees — are persons who are entitled to hold land for a fixed period under a lease from Government granted under section 26. 21. Grant of land.— (1) Subject to the rules made in this behalf, the Government may grant land belonging to or vesting in the 21[***] Government for agricultural purposes or for non-agricultural purposes as may be specified in the order of grant. (2) Such rules may provide inter alia for the following matters, namely:— (a) the extent to which land shall be granted for specified purposes; (b) the occupancy price payable for the land and the mode of its payment; (c) cases in which no occupancy price may be charged or in which concessional occupancy price may be charged; (d) the order of priority to be observed when land is granted for agricultural purposes; (e) the conditions subject to which the land is granted; (f) the penalty for breach of the conditions of grants; (g) the cases in which the power of grant of land shall be exercised by the Collector or the Mamlatdar. ---11--- 22. Grant of alluvial land vesting in 22[***] Government.— (1) Where it appears to the Collector that any alluvial land, which vests under any law for the time being in force in the 23[***] Government, may, with due regard to the interests of the public revenue, be disposed of, he shall, subject to the rules made in this behalf, offer the same to the occupant (if any) of the bank or shore on which such alluvial land has formed. The occupancy price of the land so offered shall not exceed half the market value of the land. (2) If the occupant does not accept the offer, the land may be disposed of by auction. Explanation:— For the purpose of this section, notwithstanding anything contained in clause (24) of section 2, if the bank or shore has been mortgaged with possession, the mortgagor shall be deemed to be the occupant thereof. 23. Disposal of intestate occupancies.— (1) If an occupant dies intestate and without known heirs, the Collector shall take possession of his occupancy and may lease it for a period of one year at a time. (2) If within three years of the date on which the Collector takes possession of the occupancy, any claimant applies for the occupancy being restored to him, the Collector may, after such enquiry as he thinks fit, place such claimant in possession of the occupancy or reject his claim. (3) The order of the Collector under sub-section (2) shall not be subject to appeal or revision but any person whose claim is rejected under sub-section (2) may, within one year from the date of the communication of the order of the Collector, file a suit to establish his title, and if such suit is filed, the Collector shall continue to lease out the land as provided in sub-section (2), till the final decision of the suit. (4) If no claimant appears within three years from the date on which the Collector took possession of the occupancy or if a claimant whose claim has been rejected under sub-section (2) does not file a suit within one year as provided in sub-section (3), the Collector may sell the right of the deceased occupant in the occupancy by auction: Provided that no such right shall be sold within three years from the date on which the Collector took possession of the occupancy. (5) Notwithstanding anything contained in any law for the time being in force, a claimant who establishes his title to the occupancy which has been dealt with in accordance with the provisions of this section, shall be entitled only to the rents payable under sub-section (1) and the sale-proceeds realised under sub-section (4), less all sums due on the occupancy on account of land revenue and the expenses of management and sale. 24. Occupancy to be transferable and heritable subject to certain restrictions.— (1) An occupancy shall, subject to the provision contained in section 46 and to any conditions lawfully annexed to the tenure, and save as otherwise provided by law, be deemed an heritable and transferable property. (2) Notwithstanding anything contained in the foregoing sub-section, occupancies of persons belonging to such Scheduled Castes and Scheduled Tribes as the Government, having regard to the ability of the occupants to cultivate the land personally or any other relevant factors, may by notification in the Official Gazette if any, declare for the purpose of this section for the whole or any part of the 24[State of Goa], shall not be transferred except with the previous sanction of the 25[Government]. ---12--- (3) Notwithstanding anything contained in sub- section (1) or in any other provisions of this Code, or in any other law for the time being in force, it shall be lawful for an Occupant — Class II — to mortgage his property in favour of the Government in consideration of a loan advanced to him by the Government under the Land Improvement Loan Act, 1883, the Agriculturists Loans Act, 1884, or in favour of a co-operative society in consideration of a loan advanced to him by such co-operative society, and without prejudice to any other remedy open to the Government, or as the case may be, the co-operative society in the event of such occupant making default in payment of such loan in accordance with the terms on which such loan is granted, it shall be lawful for the Government, or as the case may be, the co-operative society to cause the occupancy to be attached and sold and the proceeds to be applied towards the payment of such loan. (4) The 26[Government] may, on the application of the purchaser, and payment of the premium prescribed by the Government in this behalf, by order in writing reclassify the occupant—as Occupant—Class I; and on such re-classification, the occupant shall hold the occupancy of the land without any restriction on transfer under this Code. Explanation 1:— (For the purposes of this section "Scheduled Castes" means such castes, races or tribes or parts of or groups within such castes, races or tribes, as are deemed to be Scheduled Castes in relation to Union territory of Goa, Daman and Diu under article 341 of the Constitution of India. Explanation 2:— For the purposes of this section, "Scheduled Tribes" means such tribes or tribal communities or parts of, or groups within, such tribes or tribal communities as are deemed to be Scheduled Tribes in relation to the Union territory of Goa, Daman and Diu under article 342 of the Constitution of India. 25. Occupant's rights are conditional.— An occupant is entitled to the use and occupation of his land in perpetuity conditionally on the payment of the amount due on account of the land revenue for the same, according to the provisions of this Code, or of any rules made under this Code or of any other law for the time being in force, and on the fulfilment of any other terms or conditions lawfully annexed to his tenure. 26. Powers to grant lease.— It shall be lawful for the Collector at any time to lease under grant or contract any unoccupied land to any person, for such purpose and on such conditions as he may, subject to rules made by the Government in this behalf, determine, and in any such case the land shall, whether a survey settlement has been extended to it or not, be held only for the period and for the purpose and subject to the conditions so determined. The grantee shall be called a Government lessee in respect of the land so granted. 27. Occupant to pay land revenue and Government lessee to pay rent fixed.— Every occupant shall pay as land revenue the assessment fixed under the provisions of this Code and rules made thereunder; and every Government lessee shall pay as land revenue lease money fixed under the terms of the lease. 28. Saving of powers of Government.— Nothing contained in any provision of this Code shall derogate from the right of the Government to dispose of any land which is the property of the 27[***] Government, on such terms and conditions as it deems fit. ---13--- Of Use of Land 29. Uses to which holder of land for purposes of agriculture may put his land.— A holder of any land assessed or held for the purpose of agriculture is entitled by himself, his servants, tenants, agents or other legal representatives to erect farm buildings, construct wells or tanks or make any other improvements thereon for the better cultivation of the land, or its more convenient use for the purpose aforesaid. 30. Permission for non-agricultural use.— No land used for agriculture shall be used for any non-agricultural purpose; and no land assessed for one non-agricultural purpose shall be used for any other non-agricultural purpose or for the same non-agricultural purpose but in relaxation of any of the conditions imposed at the time of the grant or permission for non-agricultural purpose, except with the permission of the Collector under section 32. 28[Provided that the provisions of this section shall not be applicable to the land in occupation of the Government, Corporation of the City of Panaji, a Municipal Council or a Village Panchayat and land to be used for installation of solar or wind power station.] 29[Provided further that, nothing in this section shall apply to the activity undertaken in pursuance of the permission/licence granted under the Mines and Minerals (Development and Regulation) Act, 1957 (Central Act No. 67 of 1957) and rules made thereunder.] 30[30 A. Land use in relation to certain basalt/stone crusher units.— Notwithstanding anything contained in this Code or any other law for the time being in force or in any contract, judgment, decree or order of any Court of law or any instrument having the force of law, nothing in section 30 shall apply to the land used for operating/functioning of the basalt/stone crusher unit which was operating/functioning as on the 31st day of December, 2007, in pursuance of the valid permission/registration obtained from the Directorate of Mines & Geology, Directorate of Industries, Trade and Commerce and such basalt/stone crusher unit shall be deemed to have been lawfully using such land for carrying on the operation of basalt/stone crushing, subject to the condition that such basalt/stone crusher unit pays to the Government land revenue at the rate of rupees one hundred per square metre of such land per annum for a period of 10 years from the date of issuance of such registration/permission by the Directorate of Mines & Geology, Directorate of Industries, Trade and Commerce and thereafter at the rate increased by 50% of the rate of land revenue last payable, after every ten years] 31. Restriction on use.— Subject to the rules made by the Government in this behalf the Collector or a Survey Officer may regulate or prohibit the use of land liable to the payment of land revenue for purposes such as cultivation of unarable land in a survey number assigned for public purpose, manufacture of salt from agricultural land, removal of earth, stone, kankar, murum or any other material from the land assessed for the purpose of agriculture only, so as not to destroy or materially injure the land for cultivation, removal of earth, stone (other than loose surface stone), kankar, murum or any other material from the land assessed as a building site, excavation of land situated within a gaothan; and such other purposes as may be prescribed; and may summarily evict any person who uses or attempts to use the land for any such prohibited purpose or to impose one or more of the penalties specified in section 33, or both, as he deems fit. ---14--- 32. Procedure for conversion of use of land from one purpose to another.— (1) 31[ If an occupant of land or a tenant of land, which is certified by the Director of Agriculture as not covered under the definition of the term “agricultural land” as defined in the Goa Restriction on Transfer of Agricultural Land Act, 2023 (Goa Act 18 of 2023)] If an occupant of land or a tenant of such land— (a) which is assessed or held for the purpose of agriculture wishes to use it for a non-agricultural purpose, or (b) where land is assessed or held for a particular non-agricultural purpose, wishes to use it for another non-agricultural purpose, or (c) desires to use it for the same non-agricultural purpose for which it is assessed but in relaxation of any of the conditions imposed at the time of grant of land or permission for such non-agricultural purpose, such occupant or tenant shall, with consent of the tenant or, as the case may be, of the occupant, apply to the Collector for permission in accordance with the form prescribed. 32[Explanation.— For the purposes of this section the “Director of Agriculture” means the Director of the Directorate of Agriculture to the Government of Goa. Note:— The application for permission for conversion of use of land from one purpose to another under this sub-section shall be accompanied with a certificate issued by the Director of Agriculture certifying that the land is not covered under the definition of the term “agricultural land” as defined in the Goa Restriction on Transfer of Agricultural Land Act, 2023 (Goa Act 18 of 2023)] (2) The Collector, on receipt of an application,— (a) shall acknowledge the application within seven days; (b) may, unless the Collector directs otherwise, return the application if it is not made by the occupant or, as the case may be, the tenant or if the consent of the tenant, or as the case may be, of the occupant has not been obtained, or if it is not in accordance with the form prescribed; (c) may, after due enquiry, either grant the permission on such terms and conditions as he may specify subject to any rules made in this behalf by the Government; or 33[refuse the permission applied for, if the certificate issued by the Director of Agriculture certifying that the land is not covered under the definition of the term “agricultural land” as defined in the Goa Restriction on Transfer of Agricultural Land Act, 2023 (Goa Act 18 of 2023) is not produced by the applicant, or][refuse the permission applied for], if it is necessary so to do to secure the public health, safety and convenience or if such use is contrary to any scheme for the planned development of a village, town or city in force under any law for the time being in force and in the case of land which is to be used as building sites in order to secure in addition that the dimensions, arrangement and accessibility of the sites are adequate for the health and convenience of the occupiers or are suitable to the locality; where an application is rejected, the Collector shall state the reasons in writing of such rejection. 34[(3) The Collector shall take a decision on the application within a period of sixty days 35[fourty five] from the date of receipt of the application and in case of his failure to do so, the person shall have the right to make an appeal to the Secretary (Revenue) to the ---15--- Government who shall dispose of the appeal within a period of thirty days from the date of filing of appeal.] (4) The person to whom permission is granted. 36[***] under this section shall inform the Mamlatdar in writing through the village accountant of the date on which the change of user of land commenced, within thirty days from such date. (5) 37[If the person fails to inform the Mamlatdar, within the period specified in sub- section (4), he shall be liable to pay, in addition to the non-agricultural assessment, such fine 38[penalty] as the Government may, by notification in the Official Gazette, specify, from time to time.] 39[(6) (i) For the purpose of conversion, the land in the State of Goa shall be categorized as below:— “A” Category: Coastal Panchayat areas and areas of five major towns, such as, Panaji, Mapusa, Ponda, Vasco and Margao; “B” Category: CensusTowns areas and areas of village panchayats adjoining said five major towns and other Municipal areas; “C” Category: Other Village Panchayat areas. (ii) When the land is permitted to be used from one purpose to another, a sanad shall be granted to the holder thereof in the prescribed form, on payment of the fees hereinbelow:— (a) “A” Category areas: Double the rate specified in Table below. (b) “B” Category areas: 1.5 times of the rate specified in Table below. (c) “C” Category areas: As specified in Table below. 40[TABLE Serial No. Category Rate of fee per square meter for the land admeasuring an area Rate of fee per square meter for the land admeasuring C 2-150 FAR Rs. 80/- per square metre. S 1-100 FAR Rs. 60/- per square metre. S 2-80 FAR Rs. 40/- per square metre. I 2-80 FAR Rs. 40/- per square metre. (i) Commercial/Industrial housing in Rs. 150/- per square metre. C1-200 FAR under ‘A’ class Municipalities and Coastal Areas. (b) Commercial/Industrial housing in Rs. 120/- per square metre. C2-150 FAR under ‘A’ class Municipalities and Coastal Areas. (ii) For any constructions— (a) in Coastal villages falling within Rs. 150/- per square metre. 500 metres from HTL (b) beyond 500 metres from HTL Rs. 80/- per square metre. Provided that no such fees shall be leviable in cases where sanad is granted – (i) for an area not exceeding two hundred square metres; (ii) for the purpose of churches, temples, mosques, gurudwaras, sports, hospitals or educational, charitable, cultural or religious institutions.] ---16--- not exceeding 500 square meters an area exceeding 500 square meters (1) (2) (3) (4) 1. Residential S-1 S-2 S-3 S-4 SPR (Special Residential) Rs. 100/ Rs. 80/ Rs. 70/ Rs. 60/ Rs. 180/ 2 times extra as mentioned in column (3) 2. CommercialC-1 C-2 C-3 C-4 Special Commercial (SPC) FAR below 80 Rs. 460/ Rs. 410/- Rs. 350/ Rs. 300/ Rs. 520/ Rs. 220/ 2 times extra as mentioned in column (3) 3. Industrial Rs. 130/ 2 times extra as mentioned in column (3) 4. Recreational Zone Rs. 45/ 2 times extra as mentioned in column (3) 5. Traffic and Transport Zone Rs. 120/ 2 times extra as mentioned in column (3) 6. Public (Institutional and Government) Rs. 120/ 2 times extra as mentioned in column (3) Explanation:— For Village Panchayat-1 and Village Panchayat-2 categories the conversion fees as applicable to S-2 and S-3 category respectively, shall be charged.] Provided that no such fees shall be leviable in cases where sanad is granted for the purpose of churches, temples, mosque, gurudwaras: Provided further that when the land to be used for the purpose of sports, health, education, 41[charitable or cultural institutions,housing by a co-operative housing society formed bythe Government employees or the accredited journalists registered with the Directorate of Information and Publicity, Government of Goa] the Government may, by notification in the Official Gazette, exempt from payment of said fees.] 42[(6A) The Government may, by notification in the Official Gazette, amend 43[add to, or omit from, or otherwise amend] any entry in the Table specified in clause (ii) of sub- section (6) and thereafter such Table shall be deemed to have been amended accordingly. (6B) Every notification issued under sub-section (6A) shall be laid as soon as may be after it is made on the table of the Legislative Assembly while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly agrees in making any modification in the notification or the Legislative Assembly agrees that the notification should not be made and notify such decision in the Official Gazette, the notification shall from the date of publication of such decision have effect only in such modified form or to be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that notification.] (7) It shall be lawful for the Collector, either on his own motion or on the application of a person affected by the error to direct at any time the correction of any clerical or ---17--- arithmetical error in the sanad arising from any accidental slip or omission. 44 [32A. Grant of sanad in Settlement Zone.— Notwithstanding anything contained in section 32 of this Code, any land demarcated as settlement zone in the Outline Development Plan and/or the Regional Plan as duly notified under the Goa, Daman and Diu Town and Country Planning Act, 1974 (Act No. 21 of 1975), the Collector shall grant permission to use the land for such purpose permissible under the Goa, Daman and Diu Town and Country Planning Act, 1974 (Act No. 21 of 1975) or the Regulation framed thereunder in respect of Settlement Zone and issue sanad to the applicant subject to payment of fees as specified under sub-section (6) of section 32 of the Code] 33. Penalty for so using land without permission.— (1) If any land held or assessed for one purpose is used for another purpose without obtaining permission of the Collector under section 32 45 [or 32-A] or before the expiry of the period after which the change of user is deemed to have been granted under that section, or in contravention of any of the terms and conditions subject to which such permission is granted, the holder thereof or other person claiming through or under him, as the case may be, shall be liable to the one or more of the following penalties, that is to say,— (i) to pay non-agricultural assessment on the land with reference to the altered use; (ii) to pay such fine 46[penalty] not exceeding the market value of the land as the Collector may, subject to rules made by the Government in this behalf, direct; (iii) to restore the land to its original use or to observe the conditions on which the permission is granted within such reasonable period as the Collector may by notice in writing direct; and such notice may require such person to remove any structure, to fill up any excavation or to take such other steps as may be required in order that the land may be used for its original purpose or that the conditions may be satisfied. 47[(1A) Where the land has been used for dumping mining rejects or like material without permission, the Government may impose such fine 48[penalty] as may be prescribed.] (2) If any person fails within the period specified in the notice aforesaid to take steps required by the Collector, the Collector may also impose on such person a penalty not exceeding three hundred rupees for such contravention, and a further penalty not exceeding thirty rupees for each day during which the contravention continues. The Collector may himself take those steps or cause them to be taken; and any cost incurred in so doing shall be recoverable from such person as if it were an arrear of land revenue. Explanation:— Using land for the purpose of agriculture where it is assessed with reference to any other purpose shall not be deemed to be change of user. 49[(3) Notwithstanding anything contained in this section, the Collector upon receipt of report from the Town and Country Planning Department/Environment Department/Goa Coastal Zone Management Authority that any person has done land filling in any low lying area, khazan land, land under Coastal Regulation Zone, water body or environmentally/ecologically sensitive area, shall, without issuing any notice to the owner of land or such person, immediately restore the same to its original position and any cost incurred in so doing shall be recoverable from such person as if it were arrears of land revenue.] ---18--- 34. Responsibility of tenant or other person for wrongful use.— If a tenant of any holder or any person claiming under or through him uses land for a purpose in contravention of the provisions of sections 30, 31 or 32 without the consent of the holder and thereby renders the holder liable to the penalties specified in sections 31, 32 or 33 the tenant or the person, as the case may be, shall be responsible to the holder in damages. 35. Power of Government to exempt lands from provisions of sections 30, 32, 33 or 34.— Nothing in sections 30, 32, 33 or 34 shall prevent— (a) the Government from exempting any land or class of lands from the operation of any of the provisions of those sections, if the Government is of opinion that it is necessary, in the public interest for the purpose of carrying out any of the objects of this Code, to exempt such land or such class of lands; and (b) the Collector from regularising the non-agricultural use of any land on such terms and conditions as may be prescribed by him subject to rules made in this behalf by the Government. 36. 50[***] Government title to mines and minerals.— (1) Unless it is otherwise expressly provided by the terms of the grant made by the Government, the right to all minerals at whatever place found, whether on surface or underground, including all derelict or working mines and quarries, old dumps, pits, fields, bandhas, nallas, creeks, river-beds and such other places, is and is hereby declared to be expressly reserved and shall vest in the 51[***] Government which shall have all powers necessary for the proper enjoyment of such right: Provided that nothing in this Code shall be deemed to affect any subsisting rights of any person in respect of such mines or minerals in his land. (2) The right to all mines and quarries includes the right of access to land for the purpose of mining and quarrying and the right to occupy such other land as may be necessary for purposes subsidiary thereto, including the erection of offices, workmen's dwellings and machinery, the stacking of minerals and deposit of refuse, the construction of roads, railways or tram-lines, and any other purposes which the Government may declare to be subsidiary to mining and quarrying. (3) If the Government has assigned to any person the right over any minerals, mines or quarries, and if, for the proper enjoyment of such right, it is necessary that all or any of the powers specified in sub-sections (1) and (2) should be exercised, the Collector may, by an order in writing, subject to such conditions and reservations as he may specify, delegate such powers to the person to whom the right has been assigned: Provided that no such delegation shall be made until notice has been duly served on all persons having rights in the land affected, and their objections have been heard and considered. (4) If, in the exercise of the right herein referred to over any land, the rights of any person are infringed by the occupation or disturbance of the surface of such land, the Government or its assignee shall pay to such persons compensation for such infringement and the amount of such compensation shall, in the absence of agreement, be determined by the Collector or, if his award is not accepted, by the civil court, in accordance with the provisions of the Land Acquisition Act, 1894. (5) No assignee of the Government shall enter on or occupy the surface of any land unless compensation has been determined and tendered to the persons whose rights are infringed: ---19--- Provided that it shall be lawful for the Collector to grant interim permission pending the award of the civil court it cases where the question of determining the proper amount of compensation is referred to such court under sub-section (4). (6) If an assignee of the Government fails to pay compensation as provided in sub-section (4), the Collector may recover such compensation from him on behalf of the persons entitled to it, as if it were an arrear of land revenue. (7) Any person who without lawful authority extracts, removes, collects, replaces, picks up or disposes of any mineral from working or derelict mines, quarries, old dumps, fields, bandhs (whether on the plea of repairing or construction of bunds of the fields or on any other plea), nallas, creeks, river-beds, or such other places wherever situate, the right to which vests in the 52[***] Government, and has not been assigned by the Government, shall, without prejudice to any other mode of action that may be taken against him, be liable, on the order in writing of the Collector, to pay penalty not exceeding a sum determined at three times the market value of the minerals so extracted, removed, collected, replaced, picked up or disposed of, as the case may be: Provided that, if the sum so determined is less than one thousand rupees, the penalty may be such larger sum not exceeding one thousand rupees as the Collector may impose. (8) Without prejudice to the provision in sub-section (7), the Collector may seize and confiscate any mineral extracted, removed, collected, replaced, picked up or disposed of from any mine, quarry or other place referred to in sub-section (7), the right to which vests in the 53[***] Government and has not been assigned by the Government. (9) The Government may make rules to regulate the extraction and removal of minor minerals required by inhabitants of a village, town or city for their domestic, agricultural or professional use on payment of fees or free of charge, as may be specified in the rules. Explanation:— For the purposes of this section, “minor minerals” means the minor minerals in respect of which the Government is empowered to make rules under section 15 of the Mines and Minerals (Regulation and Development) Act, 1957. Of Encroachment on Land 37. Removal of encroachments on land vesting in 54[Central Government or Government]; provisions for penalty and other incidental matters.— (1) In the event of any encroachment being made on any land vested in the 55[Central Government or Government] (whether or not in charge of any local authority), it shall be lawful for the Collector to summarily abate or remove any such encroachment and the expenses incurred therefor shall be leviable from the person in occupation of the land encroached upon and the person who is responsible for the encroachment. (2) The person who made such encroachment or who is in unauthorised occupation of the land so encroached upon shall pay, if the land encroached upon forms part of an assessed survey number, assessment for the entire number for the whole period of the encroachment, and if the land has not been assessed, such amount of assessment as would be leviable for the said period in the same village on the same extent of similar land used for the same purpose. Such person shall pay in addition a fine which shall be not less than five rupees but not more than one thousand rupees if the land is used for an agricultural purpose, and if used for a purpose other than agriculture such fine not exceeding two thousand rupees. 56[(2) The person who made such encroachment, or who is in unauthorised occupation of the land so encroached upon shall pay, if the land encroached upon ---20--- forms part of an assessed survey number, the assessment for the entire number for the whole period of the encroachment; and if the land has not been assessed, such amount of assessment as would be leviable for the said period in the same village on the same extent of similar land used for the same purpose. Such person shall, in addition, be liable to a penalty which shall not be less than five hundred rupees but not more than five thousand rupees if the land is used for an agricultural purpose, and if used for a purpose other than agriculture, to a penalty not exceeding twenty thousand rupees.]; (3) The Collector may, by notice duly served under the provisions of this Code, prohibit or require the abatement or removal of encroachments on any such lands, and shall fix in such notice a date which shall be a reasonable time after such notice, on which the same shall take effect. (4) Every person who makes, causes, permits or continues any encroachment on any land referred to in a notice issued under sub-section (3), shall in addition to the penalties specified in sub-section (2), be liable at the discretion of the Collector to a fine not exceeding twenty-five rupees in the case of encroachment for agricultural purposes and fifty rupees in other cases for every day or part of a day during which the encroachment continues after the date on which the notice takes effect. 57[(4) Every person who makes, causes, permits or continues any encroachment on any land referred to in a notice issued under subsection (3), shall, in addition to the penalties specified in sub-section (2), be liable, at the discretion of the Collector, to a penalty not exceeding five thousand rupees in the case of encroachment for agricultural purposes and five hundred rupees in other cases, for every day or part of a day during which the encroachment continues after the date on which the notice takes effect.] (5) An order passed by the Collector under this section shall be subject to appeal and revision in accordance with the provisions of this Code. (6) Nothing contained in sub-sections (1) to (4) shall prevent any person from establishing his rights in a civil court within a period of one year from the date of the final order under this Code. 58 [37A. Confirmation of title to Alvara land.— (1) Every person occupying the land under the provisions of the Decree No. 3602 dated 24-11-1917 shall make an application in the prescribed form to the Collector within a period of 59[twenty-four months] from the date of commencement of the Goa Land Revenue Code (Amendment) Act, 2017 along with all the documents to substantiate that all the conditions laid down in the said Decree No. 3602 dated 24-11-1917 have been complied with and that he has a definitive title under the said Decree to such land: Provided that the Government may direct the Collector to entertain the application made beyond the said period of 60[twenty-four months] if it is satisfied that the applicant could not make application within the said period for the reasons beyond his control. (2) The Collector shall after receipt of application under sub-section (1) verify all the documents submitted by the applicant and after conducting such inquiry as he deems fit, submit his report thereon to the Government inter-alia stating as to whether the applicant has definitive title to the land occupied by him. (3) The Government may, after considering the report submitted by the Collector under sub-section (2), either approve or reject his report or give such other direction to the Collector as it deems fit in the matter. In the event the Government finds that the ---21--- applicant has definitive title to the land, it may direct the Collector to issue a certificate of confirmation of the definitive title to the applicant in the prescribed form. (4) A person, whose application is rejected under sub-section (3) or is occupying Government/Alvara land without the definitive title to such land under the said Decree No. 3602 dated 24-11-1917, he shall apply for regularization of such land, in the prescribed form along with the prescribed fee, within a period of thirty days from the date of such rejection or 61[twenty-four months] from the date of commencement of the Goa Land Revenue Code (Amendment) Act, 2017, as the case may be. (5) The Collector shall after receipt of application under sub-section (4) verify all the documents submitted by the applicant and after conducting such inquiry as he deems fit, submit his report thereon to the Government. (6) The Government may, after considering the report submitted by the Collector under sub-section (5), either direct the Collector to regularize such land as occupant Class–II on payment of amount as specified in sub-section (7) or reject the application or give such other direction to the Collector as it deems fit in the matter. (7) Notwithstanding anything contained in any law for the time being in force, no land referred in sub-section (4) shall be regularized unless an amount equivalent to the total value of the land calculated at rupees 05/- per square meter has been deposited with the Government. (8) Where any person fails to comply with the provisions of sub-section (1) or (4) or his application is rejected under subsection (3) or (6), the Government/Alvara land shall revert back to the Government free from all encumbrances and the Government shall be free to deal with such land as it deems fit. 37B. Restriction on transfer of occupancy of Land.— (1) Notwithstanding anything contained in sub-section (4) of section 24 and section 37A, no person having definitive title to land conferred under section 37A and/or classified as occupant Class – I under section 24 shall transfer the said land to any person without remitting to the Government ten percent of the prevailing market value of such land as on the date of such transfer or proceeds of such transfer, whichever is higher. (2) The transfer of occupancy of the land in contravention of provision contained in sub-section (1) shall be null and void.] 62[38. Regularisation of encroachments.— Nothing contained in section 37 shall prevent the Government, if the person making the encroachment so makes request, to charge the said person a sum not exceeding five times the value of the land so encroached upon and to grant the land to the encroacher on such terms and conditions as the Government may impose subject to rules made in this behalf; and then to cause the said land to be entered in land records in the name of the such person as Occupant–Class II: Provided that no Land shall be granted as aforesaid, unless a public notice of intention so to do is given, and any objections or suggestions which may be received before granting the land as aforesaid are considered. The expenses incurred in giving such public notice shall be paid by the person making the encroachment; and on his failure to do so on demand within a reasonable time, shall be recovered from him as an arrear of land revenue.] 63[38A. Regularization of encroachment for unauthorized construction of dwelling house on Government land.— (1) Notwithstanding anything contained in this Code, the Goa Town and Country Planning Act, 1974 (Act 21 of 1975), the Goa Land (Prohibition on Construction) Act, 1995 (Goa Act No. 20 of 1995), the ---22--- Goa (Regulation of Land Development and Building Construction) Act, 2008 (Goa Act 6 of 2008), the Goa Land Development and Building Construction Regulations, 2010, the Goa Municipalities Act, 1968 (Act No. 7 of 1969), the Goa Panchayat Raj Act, 1994 (Goa Act No. 14 of 1994), the City of Panaji Corporation Act, 2002 (Goa Act 1 of 2003) or any other State law for the time being in force, where any person has carried out unauthorized construction of a dwelling house before the 28th day of February, 2014, on a land belonging to the Government or land granted by the Government in any manner whatsoever, such land may be regularised by the Deputy Collector by issuing an order in that regard subject to such conditions as prescribed, conferring Class I Occupancy, upon an application being made by the applicant and upon payment to the Government the occupancy price at such rate as may be specified by the Government by an order published in the Official Gazette: Provided that the Deputy Collector shall not entertain any application under sub-section (1), if the land upon which such dwelling house has been unauthorisedly constructed falls within the limits of the protected forest, area declared as a wild life sanctuary, area covered under the Coastal regulation zone where such construction has been carried out after the 19th day of February, 1991, No Development Zone, open spaces, areas covered under Eco Sensitive Zone-I, Khazan land, road set back or right of way or any construction which causes obstruction to any natural water channel or any structure which is constructed by filling water bodies or areas other than orchard land or cultivable land covered under Eco Sensitive Zone-II. Explanation.— (i) “Eco Sensitive Zone-I” means Eco Sensitive Zone-I as classified in Regional Plan 2021. (ii) “Eco Sensitive Zone-II” means Eco Sensitive Zone -II as classified in Regional Plan 2021: Provided further that the Deputy Collector may entertain an application under sub-section (1), if the land upon which such dwelling house has been unauthorisedly constructed falls within the limits of the area covered under Settlement Zone, Institutional Zone, Industrial Zone, Cultivable Zone or Orchard. (2) The total extent of land to be regularized under this section shall comprise of only plinth area of dwelling house and area adjoining to such dwelling house upto two meters on all sides from its outer walls, if available. In no case the Deputy Collector shall regularize land exceeding 400 square meters: Provided that where the encroached area exceeds above permissible limit, the Deputy Collector shall not pass an order of regularization of land unless the applicant surrenders the excess encroached area to the Deputy Collector and the Deputy Collector takes possession of the same. ---23--- Provided further that, where more than one dwelling house exists in close proximity on land belonging to the Government or land granted by the Government and it is not feasible to allocate two metres of surrounding land from the outer walls to each such dwelling house, the available land shall be apportioned proportionately amongst them. (3) Any person seeking regularisation under sub-section (1) shall make an application within six months from the date of coming into force of the Goa Land Revenue Code (Amendment) Act, 2025 to the Deputy Collector in such form, accompanied by such documents and such fees as prescribed. (4) The Deputy Collector shall dispose of such application within a period of six months from the date of its receipt. (5) No person to whom Class I Occupancy is granted under this section shall be entitled to sell, assign, or otherwise transfer the said land till the expiry of a period of twenty years from the date of such grant, except by way of gift in favour of a family member of the applicant and such transfer shall not attract the provisions of Section 37-B of this Code. (6) Once the land on which the dwelling house exists is regularized under the provisions of this section, any person who has been granted Class I occupancy may make an application under the Goa Regularisation of Unauthorized Construction Act, 2016 (Goa Act 20 of 2016), for the purpose of regularization of such dwelling house in accordance with the provisions contained therein. (7) Notwithstanding anything contained in this Code or any other State law for the time being in force or any Judgment/Decree/Order of any court, no such dwelling house which has been unauthorisedly constructed before 28th day of February, 2014, shall be demolished for a period of six months from the date of coming into force of the Goa Land Revenue Code (Amendment) Act, 2025 and in case any application under sub-section (3) is filed, within the time limit specified thereto, then such dwelling house shall not be demolished until the disposal of the said application. (8) If no application is filed in accordance with sub-section (3) within the time limit specified thereto or if such application so filed is rejected, the Deputy Collector shall initiate action against such encroachment in accordance with law. (9) No suit, prosecution or other legal proceeding shall lie against the Deputy Collector or any officer authorised by the Deputy Collector, in respect of anything which is in good faith done or intended to be done in pursuance of this section or of any rules or orders made thereunder. (10) In case it is found that the applicant has submitted false declaration or document,— (a) the Deputy Collector shall revoke the order passed under sub- section (1) and upon such revocation the land regularised or allotted if any shall ---24--- stand reverted to the Government; (b) the applicant shall be punishable with imprisonment for a term which may extend upto two years and with fine which may extend upto rupees one lakh. (11) An offence punishable under this section shall be cognizable. (12) No Court other than the Court of a Judicial Magistrate First Class shall take cognizance of, and try, an offence under this section. Explanation: For the purpose of this section,— (a) “applicant” means a landless person, who has constructed a dwelling house on Government land before the 28th day of February, 2014, and who has been a resident of Goa for a period of not less than fifteen years immediately preceding the said date and includes his family members in case of his death but does not include a person or his family member who owns a plot of land, house, flat or apartment or an undivided share in ancestral property which on the date of making an application has been separately allotted to him; (b) “dwelling house” means a house where the applicant or his family members reside with a fixed habitation and is exclusively used by him or his family members for the purpose of their dwelling and is allotted a number by the local authority; (c) “family member” means the spouse, son, unmarried daughter and includes grandson, widowed daughter, widowed granddaughter.] 39. Value and land revenue how calculated.— (1) For the purposes of 64[sections 37 and 38 65[***], the value of land that has been encroached upon shall be fixed by the Collector according to the market value of similar land in the same neighbourhood at the time of such valuation; and the annual revenue of such land shall be assessed at the same rate as the land revenue of similar land in the vicinity. (2) The Collector's decision as to the value of land and the amount of land revenue or assessment payable for the land encroached upon shall be conclusive, and in determining the amount of land revenue, occupation for a portion of year shall be counted as for a whole year. 40. Summary eviction of person unauthorisedly occupying land vesting in 66[Central Government or Government].— (1) If in the opinion of the Collector any person is unauthorisedly occupying or wrongfully in possession of any land— (a) vesting in the 67[Central Government or Government]; or (b) to the use or occupation of which he is not entitled or has ceased to be entitled by reason of— (i) any of the provisions of this code, or (ii) the expiry of the period of lease or termination of the lease for breach of any of the conditions annexed to the tenure, or (iii) it being not transferable without the previous permission under sub-section (2) of section 24 or by virtue of any condition lawfully annexed to the tenure under ---25--- the provision of sections 20, 25 or 32,it shall be lawful for the Collector to summarily evict such person in the manner provided in sub-section (2). (2) The Collector shall serve a notice on such person requiring him within such time as may appear reasonable after receipt of the said notice to vacate the land, and if such notice is not obeyed, the Collector may remove him from such land. 68[Provided that in case the land is unauthorizedly occupied for the purpose of dumping mining rejects or like material, the Collector shall proceed to remove such unauthorized occupation.] (3) A person unauthorisedly occupying or wrongfully in possession of land after he has ceased to be entitled to continue the use, occupation or possession by virtue of any of the reasons specified in sub-section (1), shall also be liable at the discretion of the Collector to pay a penalty not exceeding two times the assessment or rent for the land for the period of such unauthorised use or occupation. 41. Forfeiture and removal of property left over after summary eviction.— (1) After summary eviction of any person under section 40, any building or other construction erected on the land or any crop raised in the land shall, if not removed by such person after such written notice as the Collector may deem reasonable, be liable to forfeiture or to summary removal. (2) Forfeitures under this section shall be adjudged by the Collector and any property so forfeited shall be disposed of as the Collector may direct; and the cost of the removal of any property under this section shall be recoverable as an arrear of land revenue. Of Relinquishment of Land 42. Relinquishment.— An occupant may relinquish his land, that is, resign in favour of the 69[***] Government, but subject to any rights, tenures, encumbrances or equities lawfully subsisting in favour of any person other than the 70[***] Government or the occupant, by giving notice in writing to the Mamlatdar not less than thirty days before the date of commencement of the agricultural year, and thereupon, he shall cease to be an occupant from the agricultural year next following such date: Provided that no portion of land which is less in extent than a whole survey number of sub-division of a survey number may be relinquished. 43. Right of way to relinquished land.— If any person relinquishes land the way to which lies through other land which he retains, the right of way through the land so retained shall continue to the future holder of the land relinquished. Protection of certain occupancies from process of courts 44. Occupancy when not liable to process of civil court; court to give effect to Collector's certificate.— In any case where an occupancy is not transferable without the previous sanction of the Collector, and such sanction has not been granted to a transfer which has been made or ordered by a civil court or on which the court's decree or order is founded, (a) such occupancy shall not be liable to the process of any court, and such transfer shall be null and void, and (b) the court, on receipt of a certificate under the hand and seal of the Collector to the effect that any such occupancy is not transferable without his previous sanction and that such sanction has not been granted, shall remove any attachment or other process placed on or set aside any sale of or affecting such occupancy. ---26--- CHAPTER IV Of Land Revenue 45. Liability of land to land revenue.— (1) All lands, to whatever purpose applied, other than lands owned by the Central Government, but not leased, are liable to payment of land revenue to the Government. (2) The Government may exempt any land from the liability to such payment by means of a special grant or contract or in accordance with any law for the time being in force. 46. Land revenue to be a paramount charge on the land.— Arrears of land revenue due on account of land by any landholder shall be a paramount charge on the holding and every part thereof, failure in payment of which shall make the holding together with all rights of the holder over all trees, crops, buildings and things attached to the land or permanently fastened to anything attached to the land, liable to forfeiture, whereupon the Collector may levy all sums in arrears by sale of the holding, or may otherwise dispose of such holding in the prescribed manner and such holding, when disposed of, whether by sale as aforesaid, or by restoration to the defaulter, or by transfer to another person or otherwise howsoever, shall, unless the Collector otherwise directs, be deemed to be free from all tenures, rights, encumbrances and equities theretofore created in favour of any person other than the Government in respect of such holding. 47. Forfeited holdings may be taken possession of and otherwise disposed.— It shall be lawful for the Collector in the event of the forfeiture of a holding through any default in payment or other failure occasioning such forfeiture under section 46 or any law for the time being in force, to take immediate possession of such holding and to dispose of the same by placing it in the possession of the purchaser or other person entitled to hold it according to the provisions of this Code or any other law for the time being in force. 48. To prevent forfeiture of occupancy certain persons other than occupant may pay land revenue.— In order to prevent the forfeiture of an occupancy under the provisions of section 46 or of any other law for the time being in force, through non- -payment of the land revenue due on account thereof by the person primarily liable for payment of it, it shall be lawful for any person interested to pay on behalf of such person all sums due on account of land revenue and the Collector shall on due tender thereof receive the same: Provided that nothing authorised or done under the provisions of this section shall affect the rights of the parties interested, as the same may be established in any suit between such parties in a court of competent jurisdiction. 49. Alluvial lands.— All alluvial lands, newly formed islands or abandoned river beds, which vest under any law for the time being in force in any holder of land, shall be subject in respect of liability to land revenue to the same privileges, conditions and restrictions as are applicable to the original holding by virtue of which such lands, islands or river beds vest in the said holder, but no revenue shall be leviable in respect of any such lands, islands or river beds, unless the area of the same exceeds half hectare. 50. Land revenue in case of diluvion.— Every holder of land paying land revenue in respect thereof shall be entitled, subject to such rules as may be made in this behalf, to a decrease of assessment if any portion thereof not being less than half hectare in extent, is lost by diluvion. ---27--- 51. Assessment of land to land revenue.— (1) The assessment of land revenue on any land shall be made or deemed to have been made, as the case may be with reference to the use of the land— (a) for the purpose of agriculture, (b) for the purpose of residence, (c) for industrial or commercial purpose, (d) for any other purpose. (2) Where land assessed for use for any one purpose is diverted to any other purpose, the land revenue payable upon such land shall, notwithstanding that the term for which the assessment may have been fixed has not expired, be liable to be altered and assessed at a different rate provided for under this code in accordance with the purpose for which it is used or is permitted to be used. The alteration of assessment shall be made in accordance with the rules made in this behalf. 52. Reduction, suspension or remission of land revenue.— Notwithstanding anything contained in this Code, the Government may, in accordance with the rules or special orders made in this behalf, grant reduction, suspension or remission in whole or in part of land revenue in any area in any year due to failure of crops, floods, or any other natural calamity or for any reason whatsoever. 53. Responsibility for payment of land revenue.— (1) The following persons shall be primarily liable for the payment of land revenue assessed on land including all arrears of land revenue due in respect of the land, namely:— (a) the occupant of the land; and (b) the lessee of the Government. (2) Where there are two or more persons liable to pay land revenue or arrears of land revenue under sub-section (1), all of them shall be jointly and severally liable for its payment. (3) In case of default by any person who is primarily liable under this section, the land revenue, including arrears as aforesaid, shall be recoverable from any person in possession of the land: Provided that, where such person is a tenant, the amount recoverable from him shall not exceed the demands of the year in which the recovery is made: Provided further that, when land revenue is recovered under this section from any person who is not primarily liable for the same, such person shall be allowed credit of any payments which he may have duly made to the person who is primarily liable, and shall be entitled to credit, for the amount recovered from him, in account with the person who is primarily liable. 54. Receipts for land revenue.— Every revenue officer receiving payment of land revenue shall, at the time when such payment is received by him, give a written receipt for the same. ---28--- CHAPTER V Survey of Land 55. Revenue survey, settlement and term of settlement.— The operation carried out in accordance with the provisions of this Chapter, or of the rules made under this Act, in order to determine or revise the land revenue payable on lands, and for the preparation and preservation of record of rights connected therewith or for any other similar purpose in any local area is called a revenue survey. Such survey may extend to the lands of any village, town or city, generally, or to such land as the Government may direct. 56. Government to direct revenue survey.— Whenever the Government thinks it expedient so to do, it may, by notification in the Official Gazette, direct the revenue survey of any local area with a view to the settlement of the land revenue and to the preparation of a record of rights connected therewith or the revision of any existing settlement or of record of rights. For this purpose the Government may authorise the Collector or depute a Survey officer to undertake the work. 57. Survey officer may require by general notice or by summons, suitable service from holders of land etc.— It shall be lawful for a survey officer deputed to conduct or take part in any such survey or a survey under section 62 to require by general notice or by summons the attendance of holders of land and of all persons interested therein, in person, or by legally constituted agent duly instructed and able to answer all material questions, and the presence of taluka and village officers, who in their several stations and capacities are, legally or by usage, bound to perform service in virtue of their respective offices, and to require from them such assistance in the operation of the survey and such service in connection therewith, as may not be inconsistent with the position of the individual so called on. 58. Assistance to be given by holders and others in measurement or classification of lands.— It shall be lawful for a survey officer, while conducting surveys mentioned in the preceding section to call upon all holders of land and other persons interested therein to assist in the measurement or classification of the lands to which the survey extends by furnishing flag-holders; and in the event of a necessity for employing hired labour for this or other similar object incidental to survey operations, it shall be lawful to assess the cost thereof, with all contingent expenses on the lands surveyed, for collection as a revenue demand. 59. Survey numbers and villages.— Subject to the minimum size of a survey number that may be fixed from time to time for the several classes of land by the Government, the survey officer may— (a) divide the lands to which the revenue survey extends into survey numbers and group the survey numbers into villages; or (b) recognise the existing survey numbers, reconstitute them or form new survey numbers; or (c) subject to the provisions of any law for the time being in force for the prevention of fragmentation and consolidation of holdings, divide the survey numbers into as many sub-divisions as may, be required in view of the acquisition of rights in land or for any other reason. ---29--- 60. Entry of survey numbers and sub-divisions in records.— The area and assessment of survey numbers and sub-divisions of survey numbers shall be entered in such records as may be maintained under the rules made by the Government in that behalf. 61. Partition.— (1) Subject to the provisions of any law for the time being in force for the prevention of fragmentation and consolidation of holdings, a holding may be partitioned on the decree of a civil court or on application of 71[holder] in the manner hereinafter prescribed. (2) If in any holding there is more than one co-holder, any such co-holder may apply to the Collector for a partition of his share in the holding: Provided that, where any question as to title is raised, no such partition shall be made until such question has been decided by a civil suit. (3) Subject to the provisions of sub-section (4), the Collector may, after hearing the co- holders, divide the holding and apportion the assessment of the holding in accordance with the rules made by the Government under this Code. 72[Provided that nothing in this sub-section shall apply to any land acquired by the Government under any law for the time being in force, dealing with acquisites of land by the Government and the Director of Settlement and Land Records shall carry out partition within six months of the receipt of mutated land index form from the concern Mamlatdar and effect necessary changes in the land record on the basis of records relating to possession obtained under such law.] (4) The application under sub-section (2) shall be rejected if the partition applied for results in creating a holding, the area or land revenue of which will be below such limits as may be prescribed. 73[Provided that such limits as may be prescribed shall not be applicable for partition of the land purchased by a mundkar under the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975 (Act No. 1 of 1976).] (5) Expenses properly incurred in making partition of a holding shall be recoverable as a revenue demand in such proportion as the Collector may think fit from the co-holders at whose request the partition is made, or from the persons interested in the partition. 62. Division of survey numbers into new survey numbers.— Where any portion of cultivable land is permitted to be used under the provisions of this Code for any non- -agricultural purpose or when any portion of land is specially assigned under section 18, or when any assessment is altered or levied on any portion of land under sub-section (2) of section 51, such portion may, with the sanction of the Collector, be made into a separate survey number at any time. 74[***] 63. Continuance of survey operations at commencement of Code.— All survey operations commenced under any law for the time being in force, or any rule, order or direction of the Government, and either completed or continuing at the commencement of this Code, shall be deemed to have been commenced and completed or, as the case may be, to be continuing under the provisions of this Chapter. ---30--- 64. Limit of sites of villages, towns and cities how to be fixed.— It shall be lawful for the Collector or for a survey officer, acting under the general or special orders of the Government, to determine what lands are included within the site of any village, town or city, and to fix, and from time to time to vary, the limits of the same, regard being had to all subsisting rights of land holders. 65. City survey how to be conducted.— The Government may, at any time, direct a survey or re-survey of lands, other than those used ordinarily for the purpose of agriculture only, within the site of any village, town or city. Such survey shall be conducted and all its operations shall be regulated according to the provisions made in the preceding sections of this Chapter. 75 [65-A.— Notwithstanding anything contained in any other provisions of this Code, the Government may direct re-survey to be carried out in any village, town or city for the limited purpose of updating survey maps in accordance with rules made in this behalf by the Government.] 66. In certain cases a survey fee to be charged.— Every holder of a building site, in respect of which a survey under the preceding section is carried out, shall be liable to the payment of a survey fee at such rates as may be prescribed. 67. Sanad to be granted without extra charge.— Every holder of a building site, as aforesaid, shall be entitled, after payment of the said survey fee, to receive without extra charge, one or more sanads, in the prescribed form specifying, by plan and description, the extent and conditions of his holding. CHAPTER VI Assessment and settlement of Land Revenue of Agricultural Land 68. Power of Government to direct original or revision settlement of land revenue of any lands.—The Government may at any time direct a settlement of land revenue of any land (hereinafter referred to as an "original settlement"), or a fresh settlement thereof (hereinafter referred to as "revision settlement"), whether or not a revenue survey thereof has been made under section 56: Provided that no enhancement of assessment shall take effect before the expiration of the settlement for the time being in force. 69. Assessment how determined.— (1) The land revenue assessment on all lands in respect of which a settlement is directed under section 68, shall be determined by dividing the lands to be settled into groups and fixing the standard rates for each group in accordance with the rules made by the Government in this behalf. (2) The groups shall ordinarily be formed on a consideration of the following factors, namely:— (i) Physical configuration, (ii) Climate and rainfall, (iii) Prices, and (iv) Yield of principal crops: Provided that, if deemed necessary, the following factors may also be taken into consideration in forming the group namely:— (i) Markets, (ii) Communications, ---31--- (iii) Standard of husbandry, (iv) Population and supply of labour, (v) Agricultural resources, (vi) Variations in the area of occupied and cultivated lands during the last 30 years, (vii) Wages, (viii) ordinary expenses of cultivating principal crops, including the wages of the cultivator for his labour in cultivating the land, (ix) sales of lands used for the purpose of agriculture. 70. Increase in average yield due to the improvement at the expense of holders not to be taken into account.— If during 30 years immediately preceding the date on which the settlement for the time being in force expires, any improvements have been effected in any land by or at the expense of the holder thereof, the increase in the average yield of crops of such land due to the said improvements shall not be taken into account in fixing the revised assessment thereof. 71. Settlement Officer, how to proceed for making a settlement.— In making a settlement the Settlement Officer shall proceed as follows:— (1) he shall hold an enquiry in the prescribed manner; (2) he shall divide the lands to be settled into groups as provided by section 69; (3) he shall ascertain in the prescribed manner the average yield of crops of lands for the purpose of the settlement; (4) he shall then fix standard rates for each class of land in each group on a consideration of the relevant factors as provided in sub-section (2) of section 69; (5) he shall submit to the Collector in the prescribed manner a report (hereinafter called the settlement report) containing his proposals for the settlement. 72. Settlement report to be printed and published.— (1) After the settlement report has been submitted to the Collector, the Collector shall cause such report to be printed and published in the prescribed manner. (2) There shall also be published in each village concerned, in such language as may be prescribed, a notice, stating for each class of land in the village, the existing standard rate and the extent of any increase or decrease proposed therein by the Settlement