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Section 11: Application for payment of compensation

The Goa (Abolition of Proprietorships, Titles and Grants of Lands) Rules, 2015State Rules of Goa · 2014

The application for payment of compensation referred to in sub-section (1) of section 14 shall be in Form VII hereto.

By order and in the name of the Governor of Goa.

Harish N. Adconkar, Under Secretary (Home-I).

Porvorim, 15th July, 2015.

______ -5- FORM–I [See rule 3(1)] Application for declaring the Proprietor or title holder or grantee as an Occupant Class-II under section 4 or 8 of the Goa (Abolition of Proprietorships, Titles and Grants of Lands) Act, 2014 To, The District Collector ........................................

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

I, Shri/Smt. .................................................................,resident of ....................................... , hereby apply for grant of land as an Occupant Class-II as Proprietor/title holder/grantee.

I say that, I am residing at House No................, village Ward,Village, Post Office .........................., Taluka ..............., District ..............................., Goa. PIN .......................

since ...................

I say that, I/my parents had constructed a house at the above address prior to the appointed date i.e. 15-08-2014 and have been continuously residing therein since..................................................

I say that the said house is having water connection and electricity connection, and has been allotted house number by the Village Panchayat/Municipality, before the appointed date.

I say that, in pursuance to section 4 of the Goa (Abolition of Proprietorships, Titles and Grants of Lands) Act, 2014, I am entitled to hold the land together with the dwelling house stated above, as Occupant Class-II under the Code, for which I agree to pay the land revenue from time to time, to the Government as provided under section 6, thereof.

I pray that my name be entered in Government record as Occupant Class-II, of the above said land.

I also undertake to abide by the following conditions, in terms of the Goa (Abolition of Proprietorships, Titles and Grants of Lands) Act, 2014 and rules made thereunder.

(1) I, my heirs, assigns and legal representatives shall not mortgage, sell, assign or otherwise transfer the land or any portion thereof except with the previous sanction of the Government.

(2) If I commit a breach of any of the terms and conditions of grant or any provisions of the Goa (Abolition of Proprietorships, Titles and Grants of Lands) Act, 2014 and rules made thereunder, the Collector may resume and take possession of the land granted to me, and I shall be liable to be evicted from the said land.

(3) I also agree to unconditionally abide by any other terms and conditions, which the Collector/Government may like to impose at the time of grant of land.

I am attaching the following documents in accordance with the Goa (Abolition of Proprietorships, Titles and Grants of Lands) Rules, 2015.

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

-6- ..........................................................................................

I ......................................................... state that, whatever stated above is true to the best of my knowledge and nothing material has been concealed by me.

Date: ……………………….

Place: (Signature of the Applicant) ______ FORM–II [See rule 6] Application for Restoration of Land under section 7 of the Goa (Abolition of Proprietorships, Titles and Grants of Lands) Act, 2014.

To, The District Collector ........................................

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

I, Shri/Smt. .................................................................., resident of .................................. , hereby apply for restoration of the land specified below, which is currently in possession of ...............................................................................................

The Description of Land:– Taluka:................................................

......

Village:...............................................

......

Survey description Area: ..............................................................................

Name of the Occupant: ............................................

I state that I was evicted from the land on ground other than the grounds specified under sub-section (4) of section 7 of the Goa (Abolition of Proprietorships, Titles and Grants of Lands) Act, 2014 and the same was personally cultivated by me.

The said property is in possession of .......................... resident of H. No. .................... since .............

I state that I am entitled for restoration of possession of the land under section 7 of the Goa (Abolition of Proprietorships, Titles and Grants of Lands) Act, 2014.

Place: ............................................

Date:……………………….

-7- (Signature of the Applicant) Encl:

FORM–III [See rule 7] Application for allotment of land under section 4(b) and 8 of the Goa (Abolition of Proprietorships, Titles and Grants of Lands) Act, 2014.

To, The District Collector ........................................

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

I, Shri/Smt. ............................................................., resident of hereby apply for grant of land under section 4(b)/8 of the Goa Abolition of Proprietorships, Titles and Grants of Lands) Act, 2014.

I say that I have been personally cultivating the land and is in possession of the land described herebelow prior to the appointed date:

Taluka: ...........................................................................

Village: ..........................................................................

Survey description Area: ...............................................................................

Name of the Occupant: ..............................................

I agree to pay the land revenue from time to time to the Government as provided under section 6 of the Goa (Abolition of Proprietorships, Titles and Grants of Lands) Act, 2014. I pray that my name be entered in survey record as Occupant of the above said land.

I undertake to abide by the following conditions in terms of the Goa (Abolition of Proprietorships, Titles and Grants of lands) Act, 2014 and rules made thereunder.

(1) I, my heirs, assigns and legal representatives shall not mortgage, sell, assign or otherwise transfer the land or any portion thereof except with the previous sanction of the Government.

(2) If I commit a breach of any of the terms and conditions of the grant or any provisions of the Goa (Abolition of Proprietorships, Titles and Grants of Lands) Act, 2014 and rules made thereunder, the Collector may resume and take possession of the land granted to me, and I shall be liable to be evicted from the said land.

(3) I also agree to unconditionally abide by any other terms and conditions, which the Collector/Government may like to impose at the time of grant of land.

I am attaching the following documents in accordance with the Goa (Abolition of Proprietorships, Titles and Grants of Lands) Rules, 2015.

-8- ..........................................................................................

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

I ...........................................................State that, whatever stated above is true to the best of my knowledge and nothing material has been concealed by me.

Date: ...............................................

Place: (Signature of the Applicant) ______ FORM–IV [See rule 8(1)] Application for transfer of land under section 10 of the Goa (Abolition of Proprietorships, Titles and Grants of Lands) Act, 2014.

To, The District Collector ........................................

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

I, Shri/Smt. ..............................................................., resident of ..............................................., hereby state that, in pursuance of Government Notification No..................... dated /published in Official Gazette, I have been declared as an Occupant Class-II under section 4/8 of the Goa (Abolition of Proprietorships, Titles and Grants of Lands) Act, 2014 in respect of following land.

Taluka:

Village:

Survey description:

Area:

I hereby state that I intend to transfer the possession/ownership in favour of Shri/Smt.

........................................ through sale/exchange/gift/mortgage/lease .............. and therefore seeks the permission of the Government to transfer the land described above.

The reasons for transfer of the ownership/possession of the lands are as under:

I also state that, the transferee shall not use the said land for any purpose other than for which it was granted.

I ........................................................................ state that, whatever stated above is true to the best of my knowledge and nothing material has been concealed by me.

Date: . ............................................

Place: (Signature of the Applicant) ______ -9- FORM–V [See rule 10(1)] Proforma for conferment of occupancy rights as Occupant Class-II under section 4(a) and 8(2) of the Goa (Abolition of Proprietorships, Titles and Grants of Lands) Act, 2014.

Provisional Declaration:

Whereas, the appliants specified in column No. (2) have applied for grant of land in pursuance of sections 4(a) and 8(2) of the said Act vide their applications received in this office as per dates indicated in column No. (3).

Sl. No. Name o f Applicants Date of application Taluk a Village: Survey descripti on Area Boundaries on all four sides (1 ) (2 ) (3 )

(4) (5 ) (6 ) (7 ) (8 ) And whereas, the request of the applicants have been examined as per documentary evidence adduced by them in accordance with the Goa (Abolition of Proprietorships, Titles and Grants of Lands) Rules, 2015, and have also been examined independently based on the report received from the concerned Mamlatdar and Custodian of Evacuee Property in respect of the lands which were vested in the Custodian of Evacuee Property as “Evacuee Property” under the Goa, Daman and Diu (Administration of Evacuee Property) Act, 1964.

And whereas, the applicants mentioned below have paid the land revenue as assessed in terms of section 6 of the Goa (Abolition of Proprietorships, Titles and Grants of Lands) Act, 2014 and have duly submitted the payment receipt thereof.

And whereas, the undersigned being satisfied that the following applicant fulfil all the essential conditions/criteria laid down under the Goa (Abolition of Proprietorships, Titles and Grants of Lands) Act, 2014 and rules framed thereunder, hereby provisionally declare the applicants as “Occupants Class-II” under the Goa Land Revenue Code, 1968 subject to the following conditions.

Sl. No. Name of the Applicants Taluka Village :

Survey description Area Boundaries on all four sides The grant of land is subject to following terms and conditions:—

(1) The land granted shall be used only for the purpose of dwelling house within the area as mentioned herein above.

-10-

(2) The grantee, or his/her heirs, assigns and legal representatives shall not mortgage, sell, assign or otherwise transfer the land or any portion thereof except with the previous sanction of the Government.

(3) If the grantee commits breach of any of the conditions or any provisions of the Goa (Abolition of Proprietorships, Titles and Grants of Lands) Act, 2014 and rules made thereunder, the Collector may resume and take possession of the land granted to him/her, and that, he/she shall be liable to be evicted from the said land.

(4) The grantee also agrees to unconditionally abide by any other terms and conditions which the Collector/Government may like to impose from time to time.

In case, any interested person in the lands specified above, has any objection to the said provisional declaration he/she may file objection/say in writing, within two months from the date of publication of this provisional declaration in Official Gazette and notice is hereby given that the objections received under sub-section (1) of section 12, shall be disposed off individually and appeals against such decision/order of the Collector shall lie with the Tribunal.

The said declaration, as modified by any orders, if any, passed by the Collector, or where an appeal has been filed with the Tribunal, as modified by the decision of the Tribunal, shall be final and shall be conclusive evidence of the conferment of the occupancy rights under section 4(a) and 8(2).

Place:

Date: (Collector) ______ FORM–VI [See rule 10(1)] Proforma for conferment of occupancy rights as Occupant to cultivating tenant under section 4(b) and 8(1) of the Goa (Abolition of Proprietorships, Titles and Grants of Lands) Act, 2014.

Provisional Declaration:

Whereas, the below mentioned applicants as per column No. (2) have applied for grant of land in pursuance to section 4(b) and 8(1), as cultivating tenants, vide their applications received in this office as per dates indicated in column No. (3).

Sl.

No.

Name of Applicants Date of application Taluk a Village: Survey descripti on Area Boundaries on all four sides

(1) (2 ) (3 )

(4) (5 ) (6 ) (7 ) (8 ) -11- And whereas, the request of the applicants have been examined as per documentary evidence adduced by them and have also been examined independently based on the report received from the concerned Mamlatdar and Custodian of Evacuee Property in respect of the lands which were vested in the Custodian of Evacuee Property as “Evacuee Property” under the Goa, Daman and Diu (Administration of Evacuee Property) Act, 1964, before the appointed date.

And whereas, the applicants mentioned below have paid the land revenue as assessed in terms of section 6 of the Goa (Abolition of Proprietorships, Titles and Grants of Lands) Act, 2014 and have duly submitted the payment receipt thereof.

And whereas, the undersigned being satisfied that the following applicants fulfil all the essential conditions/criteria laid down under the Goa (Abolition of Proprietorships, Titles and Grants of Lands) Act, 2014 and rules thereunder, hereby provisionally declare the applicants as “Occupants” in the category of “Cultivating tenants” under the Code, subject to conditions agreed by the applicants as per their applications, which are also reproduced below the list.

Sl. No. Name of Grantee Taluka Village :

Survey description Area Boundaries on all four sides The conditions underlying the grant shall be as under:—

(1) The land granted shall be used only for the purpose of cultivation within the area as mentioned herein above.

(2) The grantee, or his/her heirs, assigns and legal representatives shall not mortgage, sell, assign or otherwise transfer the land or any portion thereof except with the previous sanction of the Government.

(3) The grantee undertakes that in case if he commit a breach of any of the provisions of the Goa (Abolition of Proprietorships, Titles and Grants of Lands) Act, 2014 and rules made there under, the Collector may resume and take possession of the land granted to him/her, and that, he/she shall be liable to be evicted from the said land.

(4) The grantee also agrees to unconditionally abide by any other Condition/s, which the Collector/Government may like to impose.

In case, any interested person in the lands specified above, has any objection to the said provisional declaration he/she may file objection/say in writing, within two months from the date of publication of this provisional declaration in Official Gazette and notice is hereby given that the objections received under sub-section (1) of section 12, shall be disposed off individually and appeals against such decision/order of the Collector shall lie with the Tribunal.

The said declaration, as modified by any orders, if any passed by the Collector, or where an appeal has been filed with the Tribunal, as modified by the decision of the Tribunal, shall be final and shall be conclusive evidence of the conferment of the occupancy rights under section 4(b) and 8(1).

Place: (Collector) -12- Date:

______ FORM–VII [See rule 11] Application Form for compensation under section 13 of the Goa (Abolition of Proprietorships, Titles and Grants of Lands) Act, 2014.

From:

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

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

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

To, The District Collector ........................................

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

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

Madam/Sir, Kindly arrange to pay the compensation in accordance with section 13 of the Act. In this regard, the following information may please be considered for deciding my case:

(1) I say that, the undersigned is the proprietor/grantee/legal heir of proprietor/grantee.

(2) I say that land admeasuring ................. sq mtrs ....................... surveyed under survey No. ...........................................................................................................................

(3) of Village Panchayat/chalta No…..of Municipality, has been vested in the Government in accordance with section 3 of the said Act.

(4) I say that, the aforesaid land has not been re-granted to me in terms of section 4 of the Act.

(5) I say that, in terms of sub-section (1) of section 13 of the said Act, I am entitled for compensation in respect of the aforesaid land.

(6) I say that, I am the sole legal heir/I am entitled for .............................. share in the aforesaid property as adjudicated by Civil Court/as per inventory proceedings finalised and the documentary evidence in support of the claim is adduced here to.

In view of the facts of the case and the documents adduced by me, I may be paid compensation in terms of section 13 of the Act.

The details of the Bank Account number and IFCS code are as under:

Account No: .................................................................

Name and title of the Bank Account: ....................

-13- ................................................................

.......................... Type of Bank Account:

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

Bank Name, with Branch: .........................................

IFCS Code: ....................................................................

I ............................................. , affirm that, the information provided in this form is correct to the best of my knowledge and nothing material has been concealed or omitted.

Date: ..........................................

Place: (Signature of the Applicant) Encl:

10/11/2012-HD(F&CD)/CEP

(2) They shall come into force from the date of their publication in the Official Gazette.

(a) “Act” means the Goa (Abolition of Proprietorships, Titles and Grants of Lands) Act, 2014 (Goa Act 8 of 2014);

(2) The person applying under sub-rule (1) shall submit the following documents to prove that he is cultivating and continues to be in possession of the land, applied for.

(a) The grantee shall not mortgage, sell, assign or otherwise transfer the land or any portion thereof, except with the prior written approval of the Government.

By order and in the name of the Governor of Goa.

Porvorim, 15th July, 2015.

Application for declaring the Proprietor or title holder or grantee as an Occupant Class-II under section 4 or 8 of the Goa (Abolition of Proprietorships, Titles and Grants of Lands) Act, 2014 Application for Restoration of Land under section 7 of the Goa (Abolition of Proprietorships, Titles and Grants of Lands) Act, 2014.

Application for allotment of land under section 4(b) and 8 of the Goa (Abolition of Proprietorships, Titles and Grants of Lands) Act, 2014.

Application for transfer of land under section 10 of the Goa (Abolition of Proprietorships, Titles and Grants of Lands) Act, 2014.

Proforma for conferment of occupancy rights as Occupant Class-II under section 4(a) and 8(2) of the Goa (Abolition of Proprietorships, Titles and Grants of Lands) Act, 2014.

Proforma for conferment of occupancy rights as Occupant to cultivating tenant under section 4(b) and 8(1) of the Goa (Abolition of Proprietorships, Titles and Grants of Lands) Act, 2014.

Application Form for compensation under section 13 of the Goa (Abolition of Proprietorships, Titles and Grants of Lands) Act, 2014.

Where this provision sits

ActThe Goa (Abolition of Proprietorships, Titles and Grants of Lands) Rules, 2015
Section11
Marginal noteApplication for payment of compensation
JurisdictionState of Goa
StatusIn force as published by the source

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