GOVERNMENT OF GOA

rules · 2023 · Goa

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Parent: The Goa Restrictions on Transfer of Agricultural Land Act, 2023 (09f26a9e345457f18fc6dd166ccfde595a798002)

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GOVERNMENT OF GOA Department of Revenue –– 16/26/1/2023 -Rev -I/1212 RULES The Goa Restrictions on Transfer of Agricultural Land Rules, 2023 In exercise of the powers conferred by section 12 of the Goa Restrictions on Transfer of AgriculturalLand Act, 2023 (Goa Act 18 of 2023), the Government of Goa hereby makes the following rules, namely:— 1. Short title and commencement. — (1) These rules may be called the Goa Restrictions on Transferof Agricultural Land Rules, 2023. (2) They shall come into force on the date of their publication in the Official Gazette. 2. Definitions.— (1) In these rules, unless the context otherwise requires,— (a) "Act" means the Goa Restrictions on Transfer of Agricultural Land Act, 2023 (Goa Act No. 18of 2023); (b) “Form” means a form appended to these rules; (c) "period of cultivation" means a period certified by the Mamlatdar as a period during which agricultural land was under cultivation; (d) "Plan" as referred to in section 2 (c), means the Regional plan as in force under the Goa Town and Country Planning Act, 1974 (Act 21 of 1975) on the date of commencement of the Goa Restrictions on Transfer of Agricultural Land Act, 2023 (Goa Act No. 18 of 2023); (e) “section” means a section of the Act; (f) “Talathi” means a person appointed as Talathi by the Government; (g) “transferor” means a person who intends to transfer his agricultural land; (h) "transferee" means an individual or Industrial or Commercial undertaking or Cooperative farming society referred to in section 3 (1) (a), (b) and (c) of the Act who intends to purchase the agricultural land for carrying out agriculture; (i) "Zonal Agricultural Officer" means a person appointed as Zonal Agricultural Officer by the Government. (2) Words and expressions used but not defined in these rules s

Rule TOC

1 · Short title and commencement. — (1) These rules may be called the Goa Restrictions on Transferof Agricultural Land Rules, 2023.

2 · Definitions.— (1) In these rules, unless the context otherwise requires,—

3 · Production of documents.— (1) Agriculturist who intends to purchase/acquire agricultural land shall produce before the Registering Authority, Krishi Card or a Certificate issued by the Mamlatdar, or by authorized competent authority of any State Government, or such other document showing that he or she is an agriculturist.

4 · Cultivation of agricultural land permitted under section 3.— (1) The transferee on acquisition of agricultural land shall take up agriculture on such land within a period of three years from the date of acquisition of such land and continue to carry thereon agriculture, failing which, such land shall vest in the Government, upon expiry of said period of three years or from the date of abandonment or discontinuation of agriculture.

5 · Procedure to be followed by the Collector under section 3.— (1) The transferor or transferee shall jointly apply to the District Collector in Form I hereto alongwith the following documents:—

6 · Scrutiny of application by the Collector.— (1) Upon receiving an application in Form I hereto the Collector shall scrutinize such application and if he finds the same incomplete, shall intimate to theapplicant within seven days directing him to comply with the observations raised by the Collector within30 days.

7 · Procedure for conducting inquiry.— (1) The Collector shall forward the application complete in all respects alongwith documents to the Mamlatdar for conducting inquiry.

8 · Grant of permission by the Collector.— (1) Upon receipt of report in Form II hereto, the Collector shall examine the report and grant permission in Form III hereto or refuse to grant permissionwith reasons therefor within a period of thirty days from the date of receipt of the report.

9 · Recovery of penalty under section 5.— (1) The penalty under section 5 shall be paid by the transferor and the transferee before the Collector in lumpsum or in two equal installments.

10 · Procedure to be followed by the Collector under section 6 after forfeiture. — (1) When the Collector declares that any transfer is in contravention of section 3 of the Act, direct the Mamlatdar to forfeit the land in favour of the Government and the possession of land shall be taken over by the Mamlatdar concern within a period of 60 days from the passing of order by the Collector.

6 · Particulars of the person(s) to whom land is intended to be transferred: Name son/daughter/wife of resident of Village Taluka District .

11 · Affidavit of the transferee is attached declaring that the transaction is not in violation of statutory provisions and the person is qualified to take up such activities.

20 · Place: