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Section 10: Surrender by tenant

The Goa, Daman and Diu Agricultural Tenancy Act, 1964State Act of Goa · Act 7 of 1964

(1) Any tenant may surrender his right of tenancy in respect of any land to the landlord and thereupon the tenancy in respect of that land shall stand terminated if the following conditions are satisfied:

(i) the surrender is made at least one month before the commencement of the year;

(ii) it is made by the tenant in writing and is admitted by him before the 36[Mamlatdar];

(iii) it is made voluntarily and in good faith to the satisfaction of the 37 [Mamlatdar];

(iv) it is approved by the 38[Mamlatdar]; and

(v) the conditions in clauses (a) to (d) of sub-section (4) of section 20 are satisfied.

(2) Where the land is cultivated jointly by joint tenants or members of joint family, the surrender, unless it is made by all of them shall be ineffective in respect of such joint tenants or members, as the case may be, as have not joined in the application for surrender.

(3) Where the 39 [Mamlatdar] is of opinion that the conditions mentioned in sub-section

(1) are not satisfied, he may, after giving a reasonable opportunity to the landlord to show cause against taking action under this sub-section, and holding such enquiry as he may;

(i) refuse to approve the surrender, or

(ii) submit the case to the Government for orders under the next sub-section.

(4) Where a case is submitted under the preceding sub-section, the Government may, by order, transfer the tenancy right to any other person, including a Comunidade, a Co-operative Society or a Panchayat, who, in its opinion, is a fit and proper person to be a tenant, and thereupon such other person shall be deemed to be a tenant for the purposes of this Act.

Where this provision sits

ActThe Goa, Daman and Diu Agricultural Tenancy Act, 1964
Section10
Marginal noteSurrender by tenant
JurisdictionState of Goa
StatusIn force as published by the source

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