(1) This Regulation may be called the Daman (Abolition of Proprietorship of Villages) Regulation, 1962.
(2) It extends to the whole of the district of Daman in the Union territory of Goa. Daman and Diu.
Short title, extent and commencement.
(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
2. In this Regulation, unless the context otherwise requires — Definitions
(a) "Administrator" means the Administrator of the Union territory of Goa, Daman and Diu;
(b) "appointed date" means the date on which this Regulation comes into force;
(c) ''Collector" means the Collector of Daman;
(d) "to cultivate personally" means to Cultivate on one's own account,—
(i) by one's own labour, or
(ii) by the labour of any member of one's family or 185 186 THE GAZETTE OF INDIA EXTRAORDINARY [PAW II (Hi) by servant on wages payable in cash or kind but not in crop share or by hired labour under one's personal supervision or the personal supervision of any member of one's family;
Explanation.—For the purposes of this clause,—
(i) a widow or a minor or a person who is subject to any physical or mental disability shall be deemed to cultivate the land personally if it is cultivated by her or his servants or by hired labour;
(ii) in the case of an undivided Hindu family, the land shall be deemed to have been cultivated personally if it is cultivated by any member of such family;
(c) "cultivation" means the use of lands for the purpose of agriculture or horticulture;
(f) "cultivating tenant" means a person who cultivates personally any land belonging to another under an agreement, express or implied, and pays rent therefor in cash or in kind or delivers a share of the produce;
(g) "land" means every class or category of land and includes—
(i) benefits to arise out of such land, and
(ii) things attached to earth or permanently fixed to anything attached to earth;
(h) "proprietor" means a person who holds any village or villages granted to him or any of his predecessors-in-interest by the former Portuguese Government by way of gift, sale or otherwise and includes his co-sharers;
(i) "prescribed" means prescribed by rules made under this Regulation.
3. Notwithstanding anything contained in any contract, grant or other document or in any law for the time being in force, on and from the appointed date,—
(i) all rights, title and interest of every proprietor in or In respect of all lands in his village or villages shall be deemed to have been extinguished; and
(ii) all such rights, title and interest shall stand transferred to and vest in the Central Government free from all encumbrances, and every mortgage, debt or charge on any such right, title and interest shall be a charge on the amount of compensation payable to such proprietor under this Regulation;
Abolition of proprietary rights.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY i§7
(in) where under any agreement or contract made before the appointed date any rent or other dues for any period after the said date has been paid to or compounded or released by a proprietor, the same shall, notwithstanding such agreement or contract, be recoverable from the proprietor and may, without prejudice to any other mode of recovery, be realised by deduction from the compensation payable to the proprietor under this Regulation.
4. Notwithstanding anything contained in section 3, a proprietor shall, subject to the provisions of sections 6 to 8, be entitled to retain with effect from the appointed date,—
(a) homesteads, buildings and structures together with lands appurtenant thereto in the occupation of the proprietor;
(b) lands under the personal cultivation of the proprietor, not being pasture or grass lands.
Rights of proprietor to certain lands.