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Section 5: Manner of giving notices by the Mamlatdar or Tribunal

The Goa, Daman and Diu Agricultural Tenancy Rules, 1965.State Rules of Goa · 1964

Any notice, required to be given by the Mamlatdar or Tribunal under the provisions of the Act or Rules shall be issued in duplicate and served by delivering or tendering, the copy to the person therein named by sending it by registered post A. D. to his address or if such person cannot be found, then by, affixing the copy to some conspicuous place on the land, if any, to which such notice refers and to the Notice Board of the Mamlatdar’s office concerned.

1 [5-A. Manner of giving notice under section 13-A(1) and signing readiness to purchase under section 13-A(2).— (1) A landlord intending to sell any land cultivated by a tenant shall give notice of his intention to the tenant in writing in Form I-A. He shall serve this notice on the tenant by delivering or tendering it to him or by sending it by Registered Post acknowledgement due to his last known address. A copy of the notice shall also be sent to the Mamlatdar.

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(2) On receipt of a notice under sub-section (1) of section 13-A, the tenant shall signify his readiness to purchase the land in writing in Form I-B within 30 days of the receipt of the notice to the landlord by delivering or tendering it or by sending it by Registered Post acknowledgement due to his last known address. A copy of the letter shall also be sent to the Mamlatdar.

5-B. Manner of applying to the Collector under section 13-A (3) and manner of determining price of land under section 13-A (3).— (1) A tenant who finds that the price at which the landlord intends to sell his land is excessive, shall make an application in duplicate to the Collector under sub-section (3) of section 13-A in Form I-C and shall present it to the Collector in person during office hours.

(2) On receipt of such application the Collector shall send a copy of the application to the landlord.

(3) The Collector shall then hold an enquiry after summoning the landlord, the tenant and their witnesses, if any, on a specified day.

(4) On the specified day or on any subsequent day to which the inquiry may be adjourned, the Collector shall take evidence of the parties and after taking into consideration the principles of assessing the market value of the land as laid down in the Land Acquisition Act, 1894, shall pass an order determining the price of the land.

5-C. Terms on which a loan may be granted under section 13-A(7).— A loan to be granted to a tenant under sub-section (7) of section 13-A shall be on the following terms, namely:—

(i) the amount of loan shall not exceed seventy five percent of the price of the land at which the tenant is buying the land;

(ii) the tenant shall mortgage the land purchased by him, with the President of India till the entire loan amount and the interest payable thereon is fully paid to the Government;

(iii) the loan shall bear an interest of nine per cent per annum and shall be repaid in ten equal or nearly equal annual installments before such date as may be fixed by the Collector; the first installment shall be payable on the expiry of one year from the drawal of loan;

(iv) if an installment of loan amount and the interest due thereon is paid within the prescribed period, the tenant shall get a rebate of three percent in the rate of interest payable by him at the time of such payment:

(v) the tenant shall not be entitled to the transfer in any way his interest in the land till the loan amount and the interest due thereon is fully repaid;

(vi) if the tenant commits any default in payment of any instalment of the loan amount and the interest due thereon, the balance amount of the loan to be repaid shall become immediately recoverable and Government shall be entitled to sell the land in any manner deemed suitable by the Collector and the balance amount of the loan and the interest shall be recovered from the sale proceeds and the balance, if any, shall be handed over to the defaulting tenant.]

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Where this provision sits

ActThe Goa, Daman and Diu Agricultural Tenancy Rules, 1965.
Section5
Marginal noteManner of giving notices by the Mamlatdar or Tribunal
JurisdictionState of Goa
StatusIn force as published by the source

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