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Section 3: Circumstances in which the conditions subject to which transfer of land may be permitted under sub-section (1) of section 10

The Goa, Daman and Diu (Abolition of Proprietorship of Lands in Diu) Rules, 1971.State Rules of Goa · 1971

The Civil Administrator may grant permission for sale, gift, exchange, lease, assignment or mortgage of any land in respect of which any person has become an occupant under section 8, only if any of the following conditions is satisfied, namely:-

(a) The land is being sold, gifted, exchanged, leased or assigned in favour of a person who bonafide requires the land for a non-agricultural or industrial purpose;

(b) The land is being sold, gifted, exchanged, leased or assigned in favour of an industrial undertaking which requires the land for an agricultural purpose which is directly connected with the industrial operation carried out by such undertaking;

(c) the land is being sold, gifted, exchanged, leased or assigned in favour of an industrial or commercial undertaking which requires the land for a non-agricultural or industrial purpose;

(d) the land is being sold, gifted, exchanged, leased or assigned in favour of an educational, charitable or public religious institution;

(e) the land is being sold, gifted, exchanged, leased or assigned in favour of a Cooperative Farming Society;

(f) the land is being sold in execution of a decree of a Civil Court or for the recovery of arrears of land revenue or Government dues recoverable as arrears of land revenue;

(g) the land is being sold in favour of an agriculturist and the vender is either -2- permanently giving up the profession of agriculture or he is permanently rendered incapable of cultivating the land personally;

(h) the land is being given in gift whether by way of trust or otherwise and such gift is made bonafide in favour of a member of the occupant's family;

(i) the land is being exchanged: -

(i) with land of equal or nearly equal value held as occupant and cultivated personally by a member of the same family; or

(ii) with land of equal or nearly equal value situated in the same village with the object of forming a compact block of his holdings or with a view to have better management of the land;

(j) the land is being leased by an occupant who is a minor or a widow or a person who is subject to physical or mental disability or a serving member of the Armed Forces.

(2) Where permission for sale of any land is given in the circumstances specified in Clauses (a), (b), (c), (d), (e), (f) or (g) of sub-rule (1) it shall be subject to the condition that the occupant who is granted such permission pays to the Government a Nazarana equal to twenty five percent of the price at which the land is being sold or one hundred times the assessment of the land, whichever is higher.

(3) Where permission for the transfer of land otherwise than by sale is given under subrule (1), it shall be subject to the condition that the occupant who is granted such permission pays to the Government a Nazarana of rupee one;

Provided that in cases where any land is permitted to be mortgaged, it shall be subject to a further condition that if the land which is mortgaged is required to be sold on account of the failure on the part of the mortgagor to repay the loan or for any other reason, the mortgagee shall pay to the Government a Nazarana equal to twenty five percent of the sale proceeds or two hundred times the assessment of the land, whichever is higher.

Where this provision sits

ActThe Goa, Daman and Diu (Abolition of Proprietorship of Lands in Diu) Rules, 1971.
Section3
Marginal noteCircumstances in which the conditions subject to which transfer of land may be permitted under sub-section (1) of section 10
JurisdictionState of Goa
StatusIn force as published by the source

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