(1) Before issuing a notification under sub-section (1) of section 36, a notice shall be issued to the landlord and to the persons in actual possession or occupation of the land in respect of which the declaration under that sub-section is contemplated, directing him to show cause why such declaration should not be made. In that notice, brief reasons for the contemplated action shall be given.
(2) If it appears that the land has remained uncultivated through default of any tenant such notice shall also be given to such tenant.
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(3) The notice shall be published in the Official Gazette and a copy of the notice shall be affixed on the Notice Board of the Mamlatdar’s office concerned.
(4) The Landlord or the tenant shall be at liberty to adduce any oral or documentary evidence that he may desire in support of his objections. He shall also be heard in person or through pleader if he so desires.
(5) At the conclusion of the enquiry an order shall be passed giving reasons for the final decision and the substance of such order shall also be published in the Official Gazette.
(6) The notice under proviso to clause (b) of sub-section (3) of section 36 shall be published in the Official Gazette and copies of such notice shall also be affixed to the Notice Board of the Mamlatdar office concerned.
14[15-A. Regulation of standards of efficient cultivation and mat agreement.—
(1) On the proposal of the Director of Agriculture, the Government shall issue from time to time before and during a cultivation season, directions on the following matters, for being implemented and followed by the tenants in cultivating the land held by them.]
(i) The manner in which and the period during which land used for cultivation of paddy and other crops should be levelled and the inner bunds constructed:
(ii) The manner in which and the period during which land used for cultivation of paddy and other crops should be plougher horrowed and puddled;
(iii) The manner in which and the period during which land used for cultivation should be freed of weeds, shrubs and other parasites growing therein;
(iv) The variety of seeds which should be used for the purpose of sowing in different classes of land;
(v) The manner in which the seeds before being sown should be treated for protecting them against pests and diseases;
(vi) The dates on which irrigation tanks, weirs and bandhara should be closed and the dates on which they should be opened to allow water for irrigation and the person who shall be responsible for the aforesaid operations;
(vii) The manner in which irrigation and drainage channel should be constructed and maintained in good working condition and the time limit within which it should be done;
(viii) Prohibition of cultivation of beds of channels;
(ix) The crops which should be raised and the crops which should not be raised on the bunds and embankments during the kharif season and the manner in which the bunds should be cleared of these crops after the harvest is over;
(x) The manner in which and the period for which saline water should be allowed to be stored in khazan lands.
(2) The Government shall, also from time to time, by notification in the Official Gazette, issue on the advice of the Director of Agriculture directions about
(a) the programmes of agricultural operations for cultivation of various crops -12- which should be undertaken by the tenants during each cultivating season in the local area mentioned in such Notification. Such programmes shall be prepared separately for each type of crop; and
(b) the terms of employment and the minimum wages which shall be payable to the agricultural labourers, both male and female, for carrying out different cultivating operations in different local areas. While proposing these rates the Government shall consult the Director of Agriculture, the Block Development Officers, the Labour Commissioner and the Village Panchayats, within the area concerned 15[ ... ].
(3) The directive issued by the Government under sub-rules (1) and (2) shall be given publicity in the respective villages to which they apply by exhibiting these directives on the notice board of the Village Panchayat and at other prominent places in the village, such as temple, church, office of the Comunidade, etc. The directives shall also be given publicity by beat of drums by the Village Panchayat.
(4) The Block Development Officers and the Village Panchayats shall be responsible for ensuring the proper implementation of the directives issued by the Government under this rule.
(5) The Sarpanch of the Village Panchayat shall, suo moto, or on a complaint being made to him by any person in writing or orally about the non-observance of any of the directives issued by the Government under this Rule, immediately cause a Panchanama to be made on the site about the default committed by the tenant. The Panchanama should be made with the help of atleast three independent Panchas and the tenant concerned should be called upon to be present for the Panchanama. If the tenant fails to remain present in spite of the intimation being given to him, the fact should be recorded in the Panchanama.
(6) The Sarpanch shall then forward the Panchanama to the Mamlatdar who shall after giving an opportunity to the tenant to be heard in the matter and after making such further enquiries, if any in this behalf, pass order as he deems fit in accordance with the provisions of sub-section (4) of section 37 of the Goa, Daman and Diu Agricultural Tenancy Act, 1964].
16. Principles for fixation of rent under sub-sections (2) and (3) of section
38.— The Tribunal shall have due regard to the following factors while fixing annual rent under sub-sections (2) and (3) of section 38.
(i) Value of any service or contribution made towards construction of the sluice gate etc. by—
(a) The landlord or any other person, in whom the right to operate the sluice gate etc. was vested;
(b) The tenant or tenants individually as the case may be;
(ii) The charges, incurred annually by the tenant or tenants individually for maintenance of the sluice gate or other such contrivance and connected bunds or embankments.
(iii) The increase in the annual profits of agriculture in respect of the land and the value of other benefits derived by the tenants individually from the sluice gate etc.
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(iv) The income from the fisheries, if any, derived by the landlord or other person immediately before the commencement of the Act or the additional benefit which accrued to the tenant.