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Section 42A: Procedure for regulating the discharge of joint responsibility of tenants

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

(1) When under any of the provisions of this Act, the duty and responsibility of any work of conservancy, maintenance or repair of any bund, embankment, ridge, sluice gate or any other work is that of more than one tenant, Government may, by rules regulate the manner in which such duty or responsibility shall be discharged and also the determination and recovery of the share of a tenant of the cost of a work to which he is under an obligation to contribute.

(2) Without prejudice to the generality of the foregoing, such rules may provide for —

(i) the constitution, functions and organisation of tenants associations for any local area;

(ii) the management and regulation of sources of income of the associations such as income from trees on bunds, operation of sluice-gates, fisheries and such other sources of income as may be prescribed;

(iii) the termination of the beneficiaries of any work, the apportionment an recovery of the cost of such work from among them;

(iv) the manner in which works shall be executed; and

(v) the conditions and mode of payment of Government’s contribution.

120[(3) Any sum which is payable by a tenant or any other person towards the cost of any such work as is referred to in sub-section (1) and any sum the payment of which has been directed by an order of the Mamlatdar or the Tribunal or the Collector including an order awarding costs, shall be recoverable as an arrears of land revenue:

Provided that such recovery shall not be made and such order shall not be executed till the expiry of the period of appeal or, as the case may be, of application for revision as provided in this Act.;]

121[(4) An order or decision of the Mamlatdar in execution proceedings, subject to appeal, if any, shall be final.].

.CHAPTER VI Tribunal, Procedure and Appeals 122[43. Tribunal.— (1) For the purpose of this Act there shall be a Tribunal consisting of not more than three members, called the Agricultural Lands Tribunal, for such area as the Government may, by notification, from time to time specify.

(2) Notwithstanding anything contained in sub-section (1), the Government may appoint any officer not below the rank of a Mamlatdar to be the Agricultural Lands Tribunal and to exercise the powers and to perform the duties and functions of the said Tribunal under this Act in a Taluka or in any other area as may be specified in this behalf.

(3) Save as otherwise provided, the qualifications of the members constituting the Tribunal and conditions of service and all other matters relating to the constitution or organisation of the Agricultural Lands Tribunal shall be such as may be prescribed.]

Where this provision sits

ActThe Goa, Daman and Diu Agricultural Tenancy Act, 1964
Section42A
Marginal noteProcedure for regulating the discharge of joint responsibility of tenants
JurisdictionState of Goa
StatusIn force as published by the source

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