Comparative clause-by-clause analysis of the Goa Agricultural Tenancy (Amendment) Act, 2014

The detail section by section analysis of The Goa Agricultural Tenancy (Amendment) Act, 2014 published in Official Gazette, Government of Goa in Series I No. 26, Panaji, 25^th September, 2014. Passed by the Legislative Assembly of Goa on 21-08-2014 and assented to by the Governor of Goa on 23-09-2014. (Goa Act 19 of 2014) [23-9-2014]. Published for general information of public by Sharad G. Marathe, Joint Secretary (Law). Porvorim, 25^th September, 2014.  

This law was passed in the Goa legislative Assembly without discussions and debate. None of the 40 legislators opposed this law in the Goa Assembly signalling that they have ceased to the representatives of the mulnivasi people of Goa. Goa Assembly has 25% Eurasian bamons as legislators that are manipulating and controlling 75% mulnivasi legislators. This law is the fruit of such manipulation. Mulnivasi are left with no option but to join nation-wide agitation led by Bharat Mukti Morcha. This law of the Goa Government was marshalled by then Chief Minister Manohar Parrikar. He joined the Union Cabinet and the two weeks ago Central Government too has passed the law in parliament bulldozing farmers in taking over their land without seeking their consent. Bharat Mukti Morcha senses deeply rooted conspiracy against mulnivasi farmers of India and Goa too and publicly condemns these legislations. Manusmriti must be set on fire and reduced to ashes once again.

Babasaheb Ambedkar did it several decades ago in Mahad in March 1927. 1964 Tenancy Act was a fruit of 108 years of movement against Brahmanism led by Jyotibha Phule, Savitribai Phule, Shahu Maharaj and Dr.Bhimrao Ambedkar who was killed through bamani conspiracy by his second wife Savita Ranade on December 06, 1956. Though movement did not continue in organised manner its heat was felt across India. Goa even though was not officially part of India due to Portuguese rule till 1961 the ideas of his movement were transmitted to Goa’s bhahujan samaj. This explains as to why Goa’s Bhahujan Samaj acknowledged bamons as their prime enemies. This Act of 1964 to wrest away the control away from Bamons was a revolutionary step in most genuine sense. It is an iron though that in its 50^th year in 2014 Bamons has successfully staged counter revolution in a most ruthless manner by complete massacre of 1964 tenancy law. This happened not because Bamons are stronger than Bhahujan samaj but because Goa’s bhahujan samaj did not pay serious attention towards fostering movement countering our inter-generational enemy – bamon raj.

2014 law massacring tenants and clearing the way for bamons to wrest control is very powerful wake up call to all of us mulnivasis. The fundamental issue here is that we mulnivasi people have to gather our acts together get ready for a long term battle against Bamon Raj. These bamons are Eurasian by DNA and are dominating us in various ways including by asserting their control over our mulnivasi land.

The Goa Agricultural Tenancy (Amendment) Act, 2014	Goa, Daman and Diu Agricultural Tenancy Act, 1964	Remarks
Section 1 (2): It shall come into force at once
Section 2 (i) : Clause (1) shall be omitted.	Section 2: (1) “Administrative Tribunal” means the Administrative Tribunal constituted under the Goa, Daman and Diu Administrative Tribunal Act, 1965.	There is no longer role for Administrative Tribunal.
Section 2 (ii) :After Clause (5), the following clause  shall be inserted, namely:- “(5A) “Court of Senior Civil Judge” includes the Court of Junior Civil Judge;”;		In 1964 Act there was no role for Senior and Junior Civil Judge. This role is created through 2014 Amendment Act.
Section 2 (iii): for clause (15), the following clause shall be substituted:- “(15) “Mamlatdar” means any person appointed by the Government to perform the duties of a Mamlatdar under this Act and includes a joint Mamlatdar;”	Section 2: (15) “Mamlatdar means any person appointed by the Government to perform the duties of a Mamlatdar under this Act.”	Joint Mamlatdar has been brought into the direct perview to perform role after Amendment.
Section 2 (iv): “in Clause (19A), for the word “Mamlatdar”, the words “Court of Senior Civil Judge” shall be substituted;	Section 2: (19A) “purchase price” means the price determined by the Mamlatdar under section 18C	The Purchase price after this amendment is determined by Court of Senior Civil judge instead of Mamlatdar. Mamlatdars powers taken away and bestowed on Court of Senior Civil Judge.
Section 2 (v):  for Clause (23), the following clause shall be substituted, namely:- “(23) “tenant” means a person who on or after the date of commencement of this Act holds land on lease and cultivates it personally and includes a person who is or was deemed to be a tenant under this Act but shall not include a person, who is cultivating, or undertaking and carrying out agricultural operations upon a land by an agreement referred to in sub-section (1) of section 4A of this Act;”	Section 2: (23) “tenant” means a person who on or after the date of commencement of this Act holds land on lease and cultivates it personally and includes a person who is or was deemed to be a tenant under this Act;”	Section 4A is attached to this clause in order to provide for contract farming through 2014 Act. There was no provision for contract farming in 1964 Act. This is an outcome of Bamon Raj  that seeks to transform all the indigenous people as their slaves.
Section 2 (vi) for clause 24, the following clause shall be substituted, namely:- “(24) “Tribunal” means the Court of Senior Civil Judge; and”	Section 2: (24) “Tribunal” means the Tribunal constituted under this Act: And”	The meaning of the word “Tribunal has been changed in order to insert Court of Senior Judge.
Section 3. Insertion of new Section 4A – After Section 4 of the principal Act, the following section shall be inserted, namely:- “4A. Contract farming.- (1) Notwithstanding anything contained in any other provisions of this Act, any person may, by an agreement entered into in writing, with the landlord or an owner of the land, and duly registered with the Sub-Registrar of the Taluka within whose jurisdiction such land is situated, cultivate, or undertake and carry out any agricultural operations upon, such land. (2) A person referred to in sub-section (1) shall not be entitled to claim any benefits which a tenant is entitled to under this Act. (3) A person referred to in sub-section (1) shall, immediately upon entering into such agreement, inform the Directorate of Agriculture about the details of such land and the agricultural operation being carried out or proposed to be carried out by him on such land: Provided nothing in this section shall apply to,- (i)A land which is the subject matter of any proceeding pending disposal on the date of commencement of the Goa Agricultural Tenancy (Amendment) Act, 2014; and (ii)A land which is the subject matter of an application under section 7, 7A, 8, 8A, 10, 11, 12, 14, 18A, 18B, 18C, 18E, 18F, 18G, 18H, 18J and/or 18K of this Act, filed after such commencement, within the time limit specified under section 60C of this Act, till final disposal of such proceedings.”	Contract Farming provisions did not exist in 1964 Act.	Landlord can enter into agreement of contract farming except in cases of disputed lands as specified in sections 7, 7A, 8, 8A, 10, 11, 12, 14, 18A, 18B, 18C, 18E, 18F, 18G, 18H, 18J and/or 18K of this Act, filed after such commencement, within the time limit specified under section 60C of this Act, till final disposal of such proceedings. Time limit under newly inserted section 60C is 3 years.
Section 4: Amendments of sections 7, 7A, 8, 8A, 10, 11, 12, 14, 18B, 18C, 18E, 18F, 18G, 18H, 18J, 18K and 18L. – In Sections 7, 7A, 8, 8A, 10, 11, 12, 14, 18B, 18C, 18E, 18F, 18G, 18H, 18J, 18K and 18L of the principal Act, for the word “Mamlatdar”, wherever it occurs, the words “Court of Senior Civil Judge” shall be substituted.	These original sections where Mamlatdar is replaced by Court of Senior Civil Judge; Section 7: Question of tenancy: If any question arises whether any person is or was tenant or should be deemed to be tenant under this Act the Mamltdar shall, after holding an inquiry, decide such questions. In any such inquiry, the Mamlatdar shall presume that any statement as to the existence of a right of tenancy in a record of rights prepare in the prescribed manner under and in accordance with the provisions of this Act, is true. Section 7A: Question as to nature of land. – If any question arises as to whether any land is or is not used for agricultural purposes the Mamlatdar shall, after holding an inquiry, decide such question. Section 8: Bar to eviction and restoration of possession –  (1) No tenancy of any land shall be terminated and no person holding land as a tenant shall be liable to be evicted there from save as provided under this act. (2) Where any such person as is referred to in section 4 has been evicted from the land on or after the 1st July, 1962 such person shall be entitled to recover immediate possession of the land in the manner prescribed by or under this Act unless the landlord proves that the termination of tenancy was in manner authorized under section 9. (3) Where any such person as is referred to in section 5 was evicted from such land on or after the 9th of December, 1961 but before the 1st of July, 1962, such person shall, in the manner prescribed by or under this Act, be entitled to recover possession of the land if – (i) he applies to the Mamlatdar within six months from the day of coming into force of this Act stating that he agrees to become a tenant on the same terms and conditions a existed before and as modified by the provisions of this Act; (ii) he proves that the eviction was malafied and was intended to defeat the purpose of this Act; and (iii) he pays to the landlord the arrears of rent, if any, due from him under the terms of his tenancy or gives sufficient secure therefore: Provided that where the land from which such person was evicted had been leased by the landlord to another person for any perk after the said date, the evicted person shall not be entitled to recover possession before the first day of the year immediately following the year in which this Act comes into force. (4) Notwithstanding anything in the foregoing provision where the Government is satisfied that a tenant has for reasons beyond this control omitted to take step for restoration within the time prescribed therefore, it may on its own motion, direct the Mamlatdar to entertain and dispose of an application. (5) Notwithstanding anything contained in the other provisions this Act, where a person who was holding land on lease from landlord has, in cases coming under section 4, on or after the 1st July, 1962, and in cases coming under section 5, on or after the 19th December, 1961, surrendered his right of tenancy to the landlord on or before the 28th July 1964, he shall not be entitled to restoration of possession under this Act, if such surrender was voluntary and was made before the Administrator of the Concelho, in accordance with the rules and orders, if any, in that behalf or is found to be genuine by the Mamlatdar after holding an enquiry. Section 8A: Relief in certain cases of threatened wrongful dispossession.-  (1) Any tenant in possession of any land or dwelling house who apprehends that he may be dispossessed contrary to the provisions of this Act, may apply in the prescribed manner to the Mamlatdar for an order safe guarding his right to possession. (2) On such applications, the Mamlatdar if he is satisfied on holding such enquiry as may be prescribed, that the applicant is entitled to continue in possession, shall, by order direct the landlord or any person claiming through him to refrain from disturbing it otherwise than in accordance with law. (3) In proceedings under this section, if it is proved to the satisfaction of the Mamlatdar by affidavit or otherwise that the opponent threatens to dispossess the applicant, he may by order grant a temporary injunction restraining such dispossession or otherwise causing injury until the final disposal of the proceeding or until further orders. In all such cases the Mamlatdar shall, except where it appears that the object of granting the injunction would be defeated by delay, issue notice of the application to the opponent before granting an injunction. (4) Any person dispossessing a tenant in contravention of an order made under sub-section (2) or (3), in addition to any other penalty to which he is subject , on application made by the tenant within thirty days of such dispossession, and notwithstanding anything to the contrary in any other provision of this Act, be summarily evicted by the Mamlatdar who shall thereupon restore possession to the tenant. Section 10: Surrender by Tenant.- (1) Any tenant may surrender his right of tenancy in respect of any land to the landlord and thereupon the tenancy in respect of that land shall stand terminated if the following conditions are satisfied: (i)the surrender is made at least one month before the commencement of the year. (ii)it is made by the tenant in writing and is admitted by him before Mamlatdar; (iii)it is made voluntarily and in good faith to the satisfaction of the Mamlatdar, (iv)it is approved by the Mamlatdar; and (v)the conditions in clauses (a) to (d) of sub-section (4) of section 20 are satisfied. (this section 19 – 22 are omitted via 1976 Amendment) (2) Where the land is cultivated jointly by joint tenants or members of joint family, the surrender, unless it is made by all of them shall be ineffective in respect of such joint tenants or members, as the case may be, as have not joined in the application for surrender. (3) Where Mamlatdar is of opinion that the conditions mentioned in sub-section (1) are not satisfied, he may, after giving a reasonable opportunity to the landlord to show cause against taking action under this sub-section, and holding such enquiry as he may; (i) refuse to approve the surrender, or (ii) submit the case to the Government for orders under the next sub-section. (4) Where a case is submitted under the preceding sub-section, the Government may, by order, transfer the tenancy right to any person, including a Communidade, a Co-operative Society or a Panchayat, who, in its opinion, is a fit and proper to be a tenant, and thereupon such person shall be deemed to be tenant for the purposes of the Act. Section 11: Termination of tenancy by landlord – (1) The landlord may terminate a tenancy on the ground that the tenant: (a)has failed to pay the rent for any period on or before the dates fixed by or under this Act, or (b)has done any act which is destructive or permanently injurious to the land, or (c)has sub-divided, sub-let, or assigned any interest in the land, otherwise than as permitted under sections 14 and 15, or (d)has failed to cultivate the land personally, or (e)has used such land for a purpose other than agriculture. (2) No tenancy of any land held by a tenant shall be terminated on any of the grounds mentioned in this section unless the landlord gives at least ninety days notice in writing to the tenant intimating his decision to terminate the tenancy and the ground for such termination and unless within that period the tenant has failed to remedy the breach for which the tenancy is liable to be terminated: Provided that where the said breach occurs for the second time the tenant shall be liable to pay to the landlord by way of penalty a sum equal to 50 per cent of the rent payable for that season for the land in relation to which the breach has occurred: Provided further, that where a breach of the same kind occurs on more than two consecutive occasions no such notice as is referred to above shall be necessary and the landlord shall be entitled to straight away make an application to the Mamlatdar under sub-section (4). (3) The tenancy of a tenant who is a minor, or is subject to physical or mental disability, or is serving Member of the Defence Forces shall not be terminated on the ground only that the land comprised in the tenancy has been sub-let by or on behalf of such tenant. (4) Where the landlord after the expiry of the period of notice, if any, mentioned in sub-section (2) decides to terminate the tenancy under this section, he shall within such time as may be prescribed apply to the Mamlatdar for permission to do so and the Mamlatdar may accord the permission or, if he considers it necessary for reasons to be recorded in writing and after considering the objections, if any, of the landlord, submit the case to the Government for orders sub-section (4) of section 10. Section 12: Special provisions regarding termination for non-payment of rent.- (1) Where the tenancy of any land held by a tenant is terminated for non-payment of rent and the landlord files any proceedings to eject the tenant, the Mamlatdar shall call upon the tenant to tender to the landlord the rent in arrears together with the cost of the proceedings within thirty days from the date of the order and of ejectment, pass an order directing that the tenancy has not been terminated, and thereupon the tenant shall hold the land as if the tenancy has not been terminated: Provided that nothing in this section shall apply to any tenant whose tenancy is terminated for non-payment of rent if  he has failed for any three years to pay rent within the period fixed by or under this Act and the landlord has complied with the requirements, if any, of any notice to the tenant by or under this Act. (2) The landlord may apply to the Mamlatdar in the prescribed form for necessary form for recovery of arrears of rent for any period not exceeding three years. The Mamlatdar may, after such enquiry as he considers necessary, pass such order as he deems fit. The Mamlatdar in passing order shall now allow the tenant to set off the sum, if any, paid by him to the landlord within the period of three years immediately preceding the date of application made under sub-section (1) in excess of the rent due from him: Provided that if the Mamlatdar is satisfied that in consequence of a total or partial failure of crops or similar calamity the tenant has been unable to pay the rent due, the Mamlatdar may, for reasons to be recorded in writings, (i)direct, after hearing the landlord, that no rent shall be payable for the period of such failure of crops by the tenant, or (ii)direct, after hearing the tenant and the landlord, that the arrears of rent, or such part thereof as may be considered reasonable by the Mamlatdar, together with the cost of proceedings, if awarded, shall e paid within one year from the date of the order and that if before expiry of the said period the tenant fails to pay the said arrears of rent and cost the tenancy shall be deemed to be terminated and the tenant shall be liable to be evicted. (iii)When a tenant tenders an amount of rent to the landlord for any period to the Mamlatdar an application in writing for permission to deposit in his office the full amount of rent. The Mamlatdar may receive the amount in deposit and give a receipt for it. Notice of the amount so deposited shall be given to the landlord and if the Mamlatdar is satisfied that the payment by the tenant was bona fide it shall be paid to the landlord, and thereupon it shall constitute a discharge of the tenant’s liability in respect of the rent for such period and no claim or application by a landlord for rent shall be maintainable in respect of the period for which the rent has been so deposited by the tenant. Section 14: Rights of tenants are heritable.- (1) Where a tenant dies the landlord shall be deemed to have continued the tenancy- (a)If such tenant was a member of a joint family, to the surviving member or members of said family, and (b)if such tenant was not a member of a joint family, to his, heir or heirs on the terms and conditions on which such tenant was holding it at the time of his death. (2) The surviving member, or as the case may be, the heirs to whom the tenancy is continued under sub-section (1) shall be entitled to partition an sub-division of the land leased subject to the following conditions: (a) each sharer shall hold his share as a separate tenant; (b) the rent payable in respect of the land leased shall be apportioned among the shares according to share allotted to them; And if any question arises regarding the shares or the apportionment of the rent payable by the sharers, it shall be decided by the Mamlatdar whose decision shall be final. Provided, however, however that no partition or sub-division shall be permissible if the share allotted to any heir or any co-partner together with any other land already held by him is less than ⅓ hectare of morod land and ¼ hectare of Khazan or Kher land. Explanation.- The allotment of a separate number to any portion of the land for the purpose of land records or land survey under any law for the time being in force shall not, by itself amount to a sub-division or partition for the purpose of this sub-stion. (3) Where any question arises as to the person or persons in whose favour tenancy is deemed to have been continued under the foregoing provisions, such questions shall be determined by the mamlatdar after hearing the landlord and other persons interested in the matter: Provided that nothing in this sub-section shall preclude the rights of parties being determined by a court of law. Section 18B: Right of tenant to purchase land where he is a minor, etc:- (1) Notwithstanding anything contained in section 18A, where the tenant is a minor or a widow or a person subject to mental or physical disability or a serving member of the Defence Forces, the right to purchase land under that section may be exercised- (a)by the minor within one year from the date on which he attains majority. (b)by the successor in title of the widow within one year from the date on which her interest in the land ceases to exist; (c)within one year from the date on which the mental of physical disability of the tenant ceases to exist; (d)within one  year from the date on which tenant ceases to be a serving member of the Defence Forces: Provided that where a person of any such category is a member of a joint family, the provisions of this sub-section shall not apply if at least one member of the joint family  is outside the categories mentioned in this sub-section, unless before the tillers’ day the share of such person in the joint family has been separated by metes and bounds, and the Mamlatdar on inquiry is satisfied that the share of such person in the land is separated having regard to the area, assessment, classification and the value of the land, in the same proportion as the share of that person in the entire joint family property. (2) A tenant desirous of exercising the right conferred on him under sub-section (1) shall give an intimation in that behalf to the landlord and the Mamlatdar within whose jurisdiction the land is situated in the prescribed manner within the period specified in that sub-section. (3) The provisions of section 18A and sections 18C to 18I shall, so far as may be applicable, apply to such purchase. Section 18C: Mamlatdar to issue notices and determine price of land to be paid by tenants.- (1) As soon as may be after the tillers’ day, the Mamlatdar shall publish or cause to be published a public notice in the prescribe form in the Official Gazette and also in such other manner as may be prescribed calling upon – (a)all tenants who under section 18A are deemed to have purchased the lands; (b)all landlords of such land; and (c)all other persons interested therein, To appear before him on the date specified in the notice. (2) Notwithstanding anything containing in sub-section (1), the Mamlatdar may, on his own motion or on an application from any person who has been called upon to appear before him under sub-section (1), give an opportunity to appear before him on any subsequent day, time and place other than specified in the public notice under sub-section (1), to – (a)such tenant or such persons claiming to be tenants; (b)such landlords and other interested parties, who had appeared before the Mamlatdar in response to notice published under sub-section (1). (3) The Mamlatdar shall record in prescribed manner the statement of the tenant whether he is or is not willing to purchase the land held by him as tenant. (4) Where any tenant makes a statement that he is not willing to purchase the land, the Mamlatdar shall, by an order in writing declare that such tenant is not willing to purchase the land and that the purchase is ineffective: Provided that if such order is passed in default of the appearance of any party, the Mamlatdar shall communicate such order to the parties and any on whose default the order was passed may within sixty days from the date on which the order was communicated to him apply for the review of the same. (5) If a tenant is willing to purchase, the Mamlatdar shall, after giving an opportunity to the tenant and the landlord and all other persons interested in such land to be heard and after holding an inquiry determined the purchase price for such land in accordance with the provisions of section 18D. (6) In case of a tenant who is deemed to have purchased the land on a date subsequent to the tiller’s day, the Mamlatdar shall, as soon as may be after such day, determine the price of the land. Section 18E: Mode of payment of purchase price by tenant.- (1) On the determination of the purchase price by the Mamlatdar under section 18C, the tenant shall deposit the purchase price with the Mamlatdar the manner provided in this section. (2) The tenant shall have the option to deposit the purchase price either in lumpsum or in ten equal annual installments. (3) The first installment of the purchase price or where the purchase price is payable in lumpsum under sub-section (2), the lumpsum, shall be paid by the tenant within a period of six months from the date of passing of the order of the Mamlatdar under section 18C. (4) The second or subsequent installments of the purchase price shall be paid within a period of one year from the date on which the previous installment was due. (5) Where the lumpsum payment or any installment of the purchase price has not been deposited on the due date, the amount in default shall carry interest at the rate of six per cent per annum. Section 18F: Amount of purchase price to be applied towards satisfaction of debts.- (1) The Mamlatdar shall in an inquiry held under section 18C, determine any encumbrances lawfully subsisting on land on the tillers’ day. (2) If the total amount of the encumbrances is less than the purchase price determined under that section,- (i) where the purchase price is paid in lumpsum, it shall be deducted from the purchase price and the balance paid to the former landlords; (ii)where the purchase price made payable in installment, the Mamlatdar shall deduct such amount from such installments towards the payment of such encumbrances: Provided that where under any agreement, award, decree or order of a court or under any law, the amount of the encumbrances is recoverable in installments, the Mamlatdar shall deduct such amount as he deems reasonable from the installments so payable. (3) If the total amount of the encumbrances is more than the amount so determined, the purchase price in lumpsum or the installments, as the case may be distributed in the order of priority and if any person has a right to receive maintenance or alimony from the profits of the land the Mamlatdar shall also make deductions for payment out of the purchase price. (4) Nothing in this section shall affect the rights of the holder of any such encumbrances to proceed against the former landlord in any manner or under any other law for the time being in force. Section 18G: Recovery of purchase price as arrears of land revenue.- If the tenant-purchaser makes a default in payment of the whole or part of the purchase price, the Mamlatdar shall, on an application made in this behalf by the landlord proceed to recover such sum which is in arrears on the date of application, together with any interest due as arrears of land revenue. Section 18H: Purchase to be ineffective on tenant-purchaser’s failure to pay purchase price.- (1) On deposit of the purchase price in lumpsum or of the first installment of such price, the Mamlatdar shall issue a certificate of purchase in the prescribed form to the tenant purchaser in respect of the land and such certificate shall, subject to sub-section (2), be conclusive evidence of the purchase. (2) in the event of failure of recovery of purchase price as arrears of land revenue under section 18G, the purchase shall be ineffective and the land shall be at the disposal of the Mamlatdar under section 18J and any amount deposited by such tenant-purchaser towards the price of the land shall be refunded to him. Section 18J: Power of Mamlatdar to resume and dispose of land not purchase by the tenant.-  (1) Where the purchase of any land by the tenant under section 18A becomes ineffective under section 18C or section 18H or where a tenant fails to exercise the right to purchase the land held by him within the specified period under section 18B, the Mamlatdar may, suo motu or on an application made in this behalf, and in cases other than those cases in which the purchase has become ineffective by reason of section 18C or section 18H, after holding a formal inquiry direct the land or part thereof shall be disposed of in the manner provided in sub-section (2). (2) The Mamlatdar shall make an order directing that the land or part thereof referred to in sub-section (1) shall be disposed of by sale to any person in the following order of priority: (i) 75 per cent o such land shall be disposed of by sale to persons belonging to the Scheduled Castes and Scheduled Tribes; (ii) the land remaining after disposal in the manner Section 18K: Restrictions on transfer of land purchased under this Chapter.- No land purchased by a tenant under this Chapter shall be transferred by sale, gift, exchange, mortgage, lease or assignment without the previous sanction of the Mamlatdar: Provided that no such sanction shall be necessary where the land is to be mortgaged in favour of the Government or a co-operative society for the purpose of a loan for effecting any improvement of such land. Section 18L: Power to make rules.- (1) The Government may make rules for the purpose of carrying into effect the provisions of this Chapter. (2) Without prejudice to the generality of the foregoing power, such rules may provide for- (a) the manner in which the tenant should intimate the landlord and the Mamlatdar under sub-section (2) of section 18B; (b) the form of public notice and the manner in which it is so be published under sub-section (1) of section 18C; (c) any other matter which is required to be prescribed.	This is a major area where damage has been inflicted on mulnivasi people. Powers of Mamlatdar has been totally stripped off and handed over to Court of Senior Civil Judge.
Section 5: Amendment of section 18 – In section 18 of the principal Act – (i)for the word “Mamlatdar”, wherever it occurs, the words “Court of Senior Civil Judge” shall be substituted; (ii)in sub-section (4), for the word “Collector”, the words “District Court” shall be substituted.	Section 18:- Procedure for taking possession.-  (1) A tenant entitled to possession of any land or dwelling house under any of the provisions of this Act may apply in writing for such possession to the Mamlatdar. The application shall be made in such form and within such period as may be prescribed by or under this Act. (2) No landlord shall obtain possession of any land or dwelling house held by a tenant except under an order of the Mamlatdar, for which he shall make an application in such form and within such period as may be prescribed by or under this Act. (3) On receipt of an application under sub-section (1) or (2) the Mamlatdar shall, after holding an enquiry, pass such orders thereon as he deems fit, with due regard to the other provisions of this Act and the Rules. (4) Any tenant or landlord taking possession of any land or dwelling house except in accordance with the provisions of sub-section (1) or (2), shall be liable to forfeiture of crops,, if any, grown in the land in favour of the landlord or the tenant, as the case may be, in addition to the payment of such costs as may be awarded by the Mamlatdar or by the Collector on appeal and also to the penalty, if any, prescribed by or under this Act. (5) The Government may, by notification, direct that the provisions of the foregoing sub-sections shall apply to sites used for allied pursuits as they apply to sites of dwelling houses of an agriculturist and thereupon the provisions shall so apply. (3) If the landlord of a site referred to in sub-section (1) intends to sell such site, such tenant at the expense of whom or whose predecessors-in-title a dwelling house is built htereon, shall be given in the manner provided in sub-section (4) the first option of purchasing the site at a value determined by the Tribunal. (4) The landlord intending to sell such site shall give notice in writing to the tenant requiring him to state within ninety days from the date of service of such notice whether he is willing to purchase the site. (5) If within the said period the tenant intimates in writing to the landlord that he is willing to purchase the site, the landlord shall make an application to the Tribunal for the determination of the market value to the site. On receipt of such application the Tribunal shall, after giving notice in the prescribed manner and after holding enquiry, determine the market value of the site and shall, by an order in writing, require the tenant to deposit the amount so determined within ninety days from the date of such order. On the deposit of such amount the site shall be deemed to have been transferred to the tenant and the amount deposited shall be paid to the landlord. The Tribunal shall, on payment of the prescribed fees, grant a certificate in prescribed form to the tenant specifying therein the particulars of the site or transferred and the name of the tenant: Provided that the Tribunal is satisfied that the tenant is unable to make the deposit of the said amount within the period mentioned above it may permit the tenant to make the deposit in three equal annual installments, or, where the tenancy is terminated earlier, in suitable installments before the termination; in such cases the site shall be deemed to have transferred to the tenant on payment of last installment. (6) If in respect of a site which a landlord offers to sell to the tenant under the provisions of sub-section (3), the value payable there for by the tenant is agreed to between him and the landlord, either the landlord or the tenant or both jointly may apply to the Tribunal and thereupon the Tribunal shall, on payment of the prescribed fess, grant a certificate in the prescribed from; the value that is so agreed upon shall be deemed to be the market value determined by the Tribunal for the purpose of sub-section (5). (7) If the tenant fails to intimate his willingness to purchase the site within the period referred to in sub-section (4) or fails to deposit the amount of the value within the time specified in sub-section (5), the tenant shall be deemed to have relinquished his right of first option to purchase the site: Provided that no tenant of agricultural land shall, so long as he remains such tenant, he liable to be evicted from the site by the purchaser of such site unless any nearby site is offered to him by the landlord or by the Government: Provided further that the tenant shall be entitled to such compensation as may be determined by the Tribunal, for any loss caused to him on account of the eviction. (8) Any sale of a site effected in contravention of this section shall be void. (9) The Government may, by notification direct that the forgoing provisions of this section shall, in any area specified in the notification, apply also in respect of dwelling houses an the sites thereof occupied by agricultural labourers or artisans or in respect of land held or lease by persons carrying on allied pursuits.	This was a strong legal protection for tenants that is lost due to Amendment.  Power of mamlatdar stripped off and bestowed upon District Court and the Court of Senior Civil Judge. Mulnivasi people loose here and Euresian bamons gain.
Section 6: Amendment of section 18A.- In section 18A of the principal Act.- (i)for the word “Mamlatdar”, wherever it occurs, the words “Court of Senior Civil Judge” shall be substituted; (ii)in sub-section (2), for the words “in appeal by the Collector or in revision by the Administrative Tribunal”, the words “in appeal by the District Court” shall be substituted.	Section 18A: Tenants deemed to have purchased lands on tillers’ day.- (1) On the tillers’ day, every tenant shall, subject to the other provisions of this Act, be deemed to have purchased the from his landlord the land held be him as a tenant and such land shall vest in him free from all encumbrances subsisting on the said day. (2) Where a tenant, on account of his eviction from the land by the landlord before the tillers’ day, is not in possession of the land on the said day, but has made or makes an application for possession of the land under section 18 within the period specified therein, then, if the application is allowed by the Mamlatdar or, as the case may be, in appeal by the Collector or in revision by the Administrative Tribunal, he shall be deemed to have purchased the land on the day on which the final order allowing the application is passed. (3) Where a tenant referred to in sub-section (2) has not made an application for possession within the period specified under section 18 or the application made by him is finally rejected under this Act, and the land is held by any other person as tenant on the expiry of the said period or on the date of the final rejection of the application, such other person shall be deemed to have purchased the land on the date of the expiry of the said period or, as the case may be, on the date of the final rejection of the application. (4) if a tenant is not in possession of the land on the tillers’ day on account of his being disposed otherwise than in the manner provided in section 11 and the land is – (a) in possession of the landlord or his successor in interest; and (b) not put to a non-agricultural use, the Mamlatdar shall notwithstanding anything containing in this Act Either suo motu or on the application of the tenant, hold an inquiry and direct that such land shall be taken from the possession of the landlord or, as the case may be , his successor in interest and shall be restored to the tenant and the provisions of this Chapter shall, in so far as they may be applicable, apply thereto, subject to the modification that the tenant shall be deemed to have purchased the land on the date on which the land is restored to him; Provided that the tenant shall not be entitled to restoration under this sub-section unless he undertakes to cultivate the land personally. Explanation.- in this sub-section, “successor-in-interest” means a person who acquires the interest by testamentary disposition or devolution on death. (5) In respect of the land deemed to have been purchased by a tenant under sub-section (1),- (a) the tenant-purchaser shall be liable to pay to the former landlord the purchase price; and (b) the tenant-purchaser shall be liable to pay to the Government, the dues, if any, from the tiller’s day.	Safeguards on purchase of he land by tiller are stroked off.
Section 7. Amendment of section 42A.- In section 42A of the principal Act,- (i)for sub-section (3), the following sub-section shall  be substituted, namely:- “(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”.; (ii)After sub-section (3), the following sub-section shall be inserted, namely.- “(4) An order or decision of the Mamlatdar in execution proceedings, subject to appeal, if any, shall be final.”	Section 42A: Procedure for regulating the discharge of joint responsibility of tenants.- (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, function and organization of tenants associations for any local area; (ii)the management and regulation of sources of income of the associations such as income as may be prescribed; (iii)the termination of the beneficiaries of any work, the appointment an recovery of the cost of such work 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. (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) shall be recoverable as arrears of land revenue. Explanation:- For the purpose of this section the term “tenant” shall include every person who cultivates the land personally
8. Omission of section 43.- Section 43 of the principal Act shall be omitted.	Section 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 other matters relating to the constitution or organisation of the Agricultural Lands Tribunal shall be such as may be prescribed.
9. Amendment of section 46.- In section 46 of the principal Act, the words “Mamlatdar or” shall be omitted.	Section 46: Commencement of Proceedings.- Save as otherwise expressly provided by or under this Act all inquiries and other proceedings before the Mamlatdar or Tribunal shall be commenced by an application which shall contain the following particulars: (a)the name, age, profession and place of residence of the applicant and the opponents; (b)a short description and situation of the property of which possession is sought, or the amount of the claim, as the case may be; (c)the circumstances out of which the cause of action arose; (d)a list of the applicant’s documents, if any, and his witnesses, and whether such witnesses are to be summoned to attend or whether the applicant will produce then on the day of the hearing; and (e) Such other particulars as may be prescribed.
10. Substitution of section 46A.- For section 46A of the principal Act, the following section shall be substituted, namely: “46A. Powers of the Court of Senior Civil Judge to inquire into contraventions.-  The Government may, in any case where it has a reason to believe that there has been a contravention of the provisions of this Act, refer the matter to the Court of Senior Civil judge to hold an inquiry into alleged contravention.”	Section 46A: Powers of the Mamlatdar to inquire into contraventions.- (1) Notwithstanding the fact that no application has been made to him in this behalf the Mamlatdar may, upon information received or upon his own knowledge or suspicion, that any of the provisions of this Act have been contravened hold any inquiry in the prescribed manner into the alleged contravention as if an application had been made to him in this regard. (2) Government may, in any case where it has reason to believe that there has been a contravention of the provisions of this Act, direct the Mamlatdar to hold an inquiry into alleged contravention. The powers of Government under this sub-section may also be exercised by the Collector or any other Officer empowered in this behalf by Government.
11. Insertion of section 46B.- After section 46A of the principal Act, the following section shall be inserted, namely:- “46B. Transfer of pending applications, appeals and revisions.- (1) All applications and/or proceedings under sections 7, 7A, 8, 8A, 10, 11, 12, 14, 18, 18A, 18B, 18C, 18E, 18F, 18E, 18F, 18G, 18H, 18J and 18K of this Act filed and pending with the mamlatdar immediately before the commencement of the Goa Agricultural Tenancy (Amendment) Act, 2014, shall, on such commencement, stand transferred to the Court of Senior Civil Judge and such Court of Senior Civil Judge may proceed to deal with such matters from the stage at which they have reached before such transfer or from any earlier stage or de novo as such Court of Senior Civil Judge may deem fit. (2) All appeals and revisions pertaining to the applications and/or proceedings referred to in sub-section (1) filed and pending with the Collector immediately before the commencement of the Goa Agricultural Tenancy (Amendment) Act, 2014, shall, on such commencement, stand transferred to the District Court and such District Court may proceed to deal with such matters from the stage at which they have reached before such transfer or from any earlier stage or de novo as such District Court may deem fit. (3) All appeals and revisions filed and pending with the Administrative Tribunal immediately before the commencement of the Goa Agricultural Tenancy (Amendment) Act, 2014, shall, on such commencement, stand transferred to the District Court and such District court may proceed to deal with such matters from the stage at which they have reached before such transfer or from any earlier stage or de novo as such District Court may deem fit.”
12. Omission of section 48.- Section 48 of the principal Act shall be omitted.	Section 48: Execution of order for payment of money or restoring possession.- (1) 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 from the person ordered to pay the same as an arrear of land revenue; an order of the Mamlatdar or the Tribunal awarding possession or restoring the possession or use of any land shall be executed such manner as may be prescribed: Provided such recover is shall not be made and such order  other than an order directing the restoration of possession to a tenant 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. Explanation:- For the purposes of the preceding proviso the expression “tenant” shall not include a person deemed to be tenant under section 4 or section 5. (2) An order or decision of the Mamlatdar in execution proceedings, subject to appeal, if any, shall be final.
13. Substitution of Section 49.- For section 49 of the principal Act, the following section shall be substituted, namely:- “49. Appeals.- (1) From every order passed by the Mamlatdar before the commencement of the Goa Agricultural Tenancy (Amendment) Act, 2014 or by the Court of Senior Civil Judge after such commencement, or by the Tribunal, an appeal shall lie to the District Court and the orders of  the District Court on such appeal shall be final. (2) From every original order passed by the Collector, an appeal shall lie to the District Court and the orders of the District Court on such appeal shall be final.”	Section 49: Appeals.- (1) where every order including an order under chapter II-A other than an interim order passed by the Mamlatdar or the Tribunal under this Act, an appeal shall lie to the Collector and the order of the Collector on such appeal shall be final, subject to revision, if any, by the Administrative Tribunal. (2) From every original order other than an interim order passed by the Collector and appeal shall lie to the Administrative Tribunal and the orders of the Administrative Tribunal on such appeal shall be final.
14. Substitution of section 50.- For section 50 of the principal Act, the following section shall be substituted, namely:- “50. Revision.- Where no appeal lies under this Act, the District Court may on an application made by an aggrieved person, at any time, call for the record of the proceedings before the Mamlatdar, or the Collector, or the Court of Senior Civil Judge, for the purpose of satisfying itself as to the legality or propriety of any order passed by or as the regularity of the proceedings before such Mamlatdar, or the Collector, or Tribunal, or Court of Senior Civil Judge, and pass such order as it may deem fit: Provided that no such record shall be called for after the expiry of one year from the date of such order.”	Section 50: Revision.- (1)Where no appeal lies under this Act, or none has been filed within the period provided for it, the Collector may, on his own motion or on an application made by an aggrieved person or on a reference made in this behalf by the Government, at any time call for the record of any inquiry or the proceedings of any Mamlatdar or Tribunal for the purpose of satisfying himself as the legality or propriety of any order passed by and as to the regularity of the proceedings of such Mamlatdar or Tribunal and pass such order thereon as he deems fit: Provided that no such record shall be called for after the expiry of one year from the date of such order and on order and no order of such Mamlatdar shall be modified, annulled or reversed unless opportunity has been given to the interested parties to appear and be heard. (2) An application for revision may be made to the Administrative Tribunal agaisnt any order, other than an interim order of the Collector, on the following grounds only:- (a)that the order of the Collector was contrary to law (b)that the Collector has failed to determine some material issue of law; or (c)that there was a substantial error in following the procedure provided by this Act, which has resulted in miscarriage of justice. (3) On the coming into force of the Goa, Daman and Diu Agricultural Tenancy (Amendment) Act, 1968, all revision applications pending with the Government shall stand transferred to the Administrative Tribunal and shall be disposed of by the said Administrative Tribunal as if they had been filed under sub-section (2).
15. Substitution of section 51.-For section 51 of the principal Act, the following section shall be substituted, namely:- “51. Extend of powers in appeal or revision.- (1) The District Court in appeal or in revision, as the case may be, may confirm, modify or rescind the order in appeal or revision or its execution or may remand the case for disposal with such direction as deemed fit or pass such other order as may seem legal and just in accordance with the provisions of this Act. (2) The orders passed in appeal or revision shall be executed in the manner provided for the execution of the orders under this Act.”	Section 51: Extend of powers in appeal or revision.- (1) The Collector or the Administrative Tribunal in appeal or revision or in revision, may confirm, modify or rescind the order in appeal or revision or its execution or may remand the case for disposal with such direction as deemed fit pass such order as amy seem legal and just in accordance with the provisions of this Act. (2) The orders passed in appeal or revision shall be executed in manner provided for the execution of the orders of the Mamlatdar or the Tribunal under this Act.
16. Insertion of new section 51A.- After section 51 of the principal Act, the following section shall be inserted, namely:- “51A. Finality of decisions of Collector.- Every order or decision of the Collector, against the order of the Mamlatdar or Tribunal, passed before the commencement of the Goa Agricultural Tenancy (Amendment) Act, 2014, shall be final and conclusive.”
17. Amendment of section 52.- In section 52 of the principal Act,- (i) in sub-section (1), for the word “Collector”, the words “Court of Senior Civil Judge” shall be substituted; (ii) for sub-section (2), the following sub-section shall be substituted, namely:- “(2) Notwithstanding anything contained in the Court-fees Act, 1870 (7 of 1870), every application made to the Mamlatdar, or the Court of Senior Civil Judge, and every appeal or application made to the District Court, under this Act, shall bear a court-fee stamp of such value as may be prescribed.”	Section 52: Limitation and Court Fees.- (1) Every appeal or application for revision under this Act shall be filed within a period of sixty days from the date of the Mamlatdar, Tribunal or Collector, as the case may be and the provisions of sections 4,  5, 12 and 14 of the Limitation Act, 1963, shall apply to the filing of such appeal or application for revision. (2) Notwithstanding anything contained in the Court Fees Act, 1870 every appeal or application made under this Act to the Mamlatdar, Tribunal, Collector or the Administrative Tribunal shall bear a Court fee stamp of such value as may be prescribed.
18. Amendment of section 53.- In section 53 of the principal Act, for the expression “inquiries, appeals and proceedings under this Act and in revision by the Collector” the expression “inquiries and proceedings under this Act” shall be substituted.	Section 53: Procedure.- (1) Subject to the other provisions in this behalf, the procedure to be followed by the Mamlatdar or the Tribunal or the Collector in all inquiries, appeals and proceedings under this Act and in revision by the Collector shall be such as may be prescribed; (2) Every decision or order passed under this Act shall be recorded in the form of an order which shall state the reasons therefor. (3) All inquiries and proceedings before the Mamlatdar, the Tribunal, and the Collector shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code.
19. Substitution of section 58.- For section 58 of the principal Act, the following section shall be substituted, namely.- “58. Protection of action taken in good faith.- No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this Act or any rule made thereunder.”.	Section 58. Bar to jurisdiction of courts.- (1) no suit or other proceedings shall lie against any person in respect of anything which is in good faith done or intended to be done under this Act. (2) Save as provided in this Act, no 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 Mamlatdar, Tribunal Collector or Government, and no order passed by these authorities under this Act shall be questioned in any Civil or Criminal Court.	Civil and Criminal Courts were forbidden to interfere in the matter of this Act but the Amendment has substituted this crucial section 58. This is a very clear bamani conspiracy against mulnivasi people to take control of the land.
20. Amendment of section 59.- in section 59 of the principal Act, for the words “Tribunal and Collectors” the expression “Tribunal, Collectors and Court of Senior Civil Judge” shall be substituted.	Section 59: Power to give directions.- The Government shall have power to issue directions or orders to Mamlatdars, Tribunal and Collectors, to give effect to the provisions of this Act and the rules made there under.	Government has retained powers to issue directions to the Court of Senior Civil Judge. What about independence of Judiciary?
21. Insertion of new sections 60C and 60D.- After section 60B of the principal Act, the following sections shall be inserted, namely:-  “60C. Time limit for Application.- No Court of Senior Civil Judge shall entertain any application under section 7, 7A, 8, 8A, 10, 11, 12, 14, 18, 18A, 18B, 18C, 18E, 18F, 18G, 18H, 18J and/or 18K of this Act unless it is filed within a period of three years from the date of commencement of the Goa Agricultural Tenancy (Amendment) Act, 2014. 60D. Validation of notices, proceedings, orders, etc., of the Joint Mamlatdar under this Act.- (1)Notwithstanding anything contained in this Act, or in any judgment, decree or order of any Court, Tribunal or other authority to the contrary, all notices given, inquiries held, disputes decided, proceedings conducted, orders passed and all actions taken or acts done by any Joint Mamlatdar, by exercising the powers of Mamlatdar under this Act before the commencement of the Goa Agricultural (Amendment) Act, 2014 shall, for all purposes, be deemed to be and to have always been validly given, held, decided, conducted, passed, taken or done, as the case may be, in accordance with the provisions of this Act. (2) No Court shall have jurisdiction to entertain or try any suit or legal proceedings against the Government or against any officer of the Government or any Joint Mamlatdars acting or purporting to act under this Act in connection with the exercise of powers of the Mamlatdar under this Act whatsoever on ground that the actions taken by such officers were illegal or invalid or irregular by reason of fact that such officers were not legally empowered to perform the functions of the Mamlatdar in accordance with the provisions of this Act.”.