(1) The application and the documents received under rule 3 shall be first scrutinized by the Mamlatdar and he shall submit a report thereon to the Collector. Upon verification of the documents and the report obtained from the respective Mamlatdar, the Collector shall, if is fully satisfied about the genuineness of the case, publish the provisional declaration in terms of section 12 of the Act declaring such applicant as an “Occupant Class- II” after giving him hearing, if any and on payment of land revenue as provided under section 6 of the Act. While declaring the applicant as an Occupant Class-II, the Collector shall clearly delineate the area granted to the applicant in the survey plan attached to the order and also lay down boundaries on all sides of the plot for proper identification.
(2) Before issuing provisional declaration in respect of 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 (Act No. 6 of 1964), the Collector shall consult Custodian of Evacuee Property also.
(3) The Collector shall before issuing provisional declaration, identify on survey plan areas which are traditionally used as open space, playground, recreational purposes or for any other public purpose and such land shall continue to vest with the Government.
(4) The Collector shall ensure that necessary and appropriate area is allowed to a public road or as access to a well or to other place of public utility service.
(5) If the applicant is unable to furnish the documents to prove his possession or the report of the Mamlatdar indicates that the applicant was not in possession of any land, homestead, building or structure, the Collector shall pass appropriate order in the matter after affording due opportunity of being heard to the applicant.
(6) Mamlatdar shall submit the report to the Collector as regards libraries, temples, churches, mosques or any other religious structure in the lands vested in the Government under the Act and the Collector shall, after receipt of proper documentary evidence, by order, transfer such area as may be required and deemed fit in the circumstances, as Occupant Class-II to such entity as may be recommended by the Mamlatdar.