☰
Roop's Law Assist
Waitlist
Abolition of Proprietorship of Lands in Diu Act
Year unknown · State unknown · central · act_text
Download PDF
Back to Acts
Subordinates
Sections (24)
2 · Definitions.— In this Act, unless there is anything repugnant in the subject or context,—
3 · Abolition of proprietory rights.— Notwithstanding anything to the contrary contained in any usage, settlement, contract, grant, sanad, order or other instrument, or any law for the time being in force, with effect on and from the appointed date —
4 · Re-grant of certain lands to the proprietor as occupant.— Immediately after the vesting of the lands in the Central Government under section 3, the following lands shall be deemed to have been re-granted to the proprietor from whom they had vested in the Central Government and the proprietor shall hold them from the Central Government as an occupant and shall be liable to pay to the Government the land revenue as provided in section 6, namely:—
5 · Civil Administrator to take charge of lands etc., vested in Central Government.— (1) The Civil Administrator shall take charge or possession of all lands and of all rights, title and interest therein of a proprietor vested in the Central Government under section 3, and for this purpose the Civil Administrator or any officer authorised by him may take such steps or use such force as may be necessary.
6 · Liability of lands for payment of land revenue from the appointed date.— (1) All lands the rights, title and interest in which have vested in the Central Government under section 3 shall, with effect on and from the appointed date, be liable to the payment of land revenue to the Government in accordance with the revenue survey and settlement of land revenue:
7 · Rights of certain cultivating tenants to be restored to possession of their lands.— (1) Any cultivating tenant who has been evicted from any land on or after the 20th December, 1961, may, if the land from which he was evicted was in the possession of the proprietor on the 26th February, 1970, make an application to the Assistant Civil Administrator within six months from the appointed date for restoration of such land on the ground that he was evicted from such land without any reasonable excuse.
8 · Rights of cultivating tenants to hold land as occupants.— (1) Every cultivating tenant holding land (not being pasture or grass lands) of which he is in actual possession on the appointed date shall, as from that date, be the occupant thereof on payment of land revenue to the Government under section 6.
9 · Occupant to cultivate land personally.— (1) If at any time after the appointed date the person who has become an occupant of any land under section 8, fails to cultivate such land personally, he shall, unless the Civil Administrator condones such failure for sufficient reasons, be ejected from the land which he has failed to cultivate personally,
10 · Transfer of land barred.— (1) No sale (including sales in execution of a decree of a Civil Court or for recovery of arrears of land revenue), gift, exchange or lease or assignment or mortgage of any land in respect of which any person has become an occupant under section 8, shall be made, except with the previous permission in writing of the Civil Administrator, who may grant such permission in such circumstances and subject to such conditions as may be prescribed.
11 · Forfeiture of land transferred in contravention of section 10.— (1) Where in respect of the transfer of any land, the Assistant Civil Administrator suo motu or on the application of any person interested in such land has reason to believe that such transfer is in contravention of section 10, he shall issue notice to the transferor and the transferee to show cause why the transfer should not be declared to be in contravention of section 10, and shall hold an enquiry and decide whether the transfer is in contravention of section 10.
12 · Declaration of conferment of occupancy rights.— (1) As soon as may be after the appointed date, the Assistant Civil Administrator shall publish or cause to be published in the prescribed manner a provisional declaration in the prescribed form giving the names of proprietors and the particulars of the lands which are deemed to have been re-granted to them under section 4 and also the names of cultivating tenants and the particulars of lands in respect of which they are to become occupants under section 8. The declaration shall also call upon all persons interested in the lands specified in the declaration to submit to him the objections to the said provisional declarations, within one month from the date of publication of the said declaration.
13 · Compensation to proprietors.— A proprietor whose rights, title and interest in respect of his lands vest in the Central Government under section 3, shall be entitled to payment of compensation in respect of the lands which have vested in the Central Government and have not been re-granted to him under section 4, at the rate of twenty times the annual payment (Contribuição Predial) which the proprietor was liable to make to the former Portuguese Government in respect thereof immediately before the 20th December, 1961.
14 · Method of payment of compensation.— (1) Any person entitled to compensation under section 13 shall, on or before such date as the Government may specify in this behalf from time to time by notification in the Official Gazette, make an application to the Civil Administrator in the prescribed form for payment of such compensation.
15 · Payment of compensation.— The compensation determined under section 14 shall, after deducting therefrom the dues, if any, referred to in clause (iii) of section 3, be paid in cash to the person or persons to whom it is payable, but if any such person refuses to accept payment the amount payable to him shall be deposited by the Civil Administrator in a competent civil court.
16 · Proprietors to deliver records to authorised officers.— (1) Whenever any officer authorised by the Civil Administrator in this behalf so directs, a proprietor shall deliver to him or such other officer as may be specified in the direction, the records relating to the lands or village or villages held by him as proprietor.
17 · Duties and functions of the Assistant Civil Administrator.— For the purpose of this Act, the following shall be the duties and functions to be performed by the Assistant Civil Administrator, namely:—
18 · Commencement of proceedings.— Except as expressly provided by or under this Act, all inquiries and other proceedings before the Assistant Civil Administrator shall be commenced by an application which shall contain the following particulars, namely:—
19 · Procedure.— (1) In all inquiries and proceedings under this Act, the Assistant Civil Administrator shall exercise the same powers as the Mamlatdar under the Mamlatdar's Court Act, 1966 (hereinafter referred to as the "said Act") and shall (except as provided in sub-section (3) of section 7 and section 11) follow the provisions of the said Act.
20 · Revision.— When no appeal has been filed within the period provided for it, the Civil Administrator may suo motu or on a reference made by the Government at any time, call for the record of any inquiry or proceeding of the Assistant Civil Administrator for the purpose of satisfying himself as to the legality or propriety of the order of the Assistant Civil Administrator and as to the regularity of the inquiry or proceeding of the Assistant Civil Administrator and pass such order thereon as he deems fit:
21 · Court-fees.— Notwithstanding anything contained in the Court-fees Act, 1870, every application or appeal made under this Act shall bear court-fee stamp of fifty paise if made to the Assistant Civil Administrator and of two rupees if made to the Civil Administrator.
22 · Bar of jurisdiction.— (1) No Civil Court shall have jurisdiction to settle, decide or deal with any question which is by or under this Act required to be settled, decided or dealt with by the Assistant Civil Administrator or by the Civil Administrator in appeal.
23 · Protection of action taken under this Act.— (1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or any rules made thereunder.
24 · Power to remove difficulty.— (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may by order make such provisions (not inconsistent with this Act) as appear to it to be necessary or expedient for removing the difficulty.
25 · Power to make rules.— (1) The Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
Subordinates (0)
Roop's Law AssistRoop's Law Assist