Power to make rules

Section 199 of the Goa Land Revenue Code, 1968 deals with power to make rules. The Government may, by notification in the Official Gazette, make rules for carrying into effect the provisions of this Code.

(1) The Government may, by notification in the Official Gazette, make rules for carrying into effect the provisions of this Code.

(2) In particular, and without prejudice to the generality of the foregoing provision, such rules may provide for all or any of the following matters: e (i) under section 4, appointment of other village officers, and servants;

(ii) under section 8, the registers, accounts and other records to be kept by the village officers; und and on (iii) under section 9, the powers and duties to be performed by the officers specified in clauses (b), (d), (e), (f) and (g) of section 4;

(iv) under section 21, rules for the disposal of land belonging to or vesting in the Central Government;

(v) under sub-section (1) of section 22, rules for the disposal of alluvial land;

(vi) under sub-section (4) of section 24, the premium to be paid;

(vii) under section 26, the rules subject to which the Collector may lease under grant or contract any unoccupied land;

(viii) under section 31, the rules subject to which the Collector or survey officer may regulate or prohibit the use of land for other purposes and summarily evict any holder who uses such land for such prohibited purpose;

(ix) under sub-section (1), of section 32 the form of application for permission to convert the use of land from one purpose to another; under clause (c) of sub-section (2), of section 32 the rules subject to which permission for change of user may be granted. by the Collector; and under sub-section (3), of section 32 the conditions subject to which the permission for change of user shall be deemed to have been granted under sub-section (5), of section 32 the rules prescribing the fine 0[penalty] which the defaulter shall be liable to pay; and under sub-section (6) of section 32 the form in which sanad shall be granted to the holder for non-agricultural use;

(x) under sub-section (1) of section 33, the rules prescribing the fine 91[penalty] to be paid as penalty for using land without permission;

(xi) under section 35, the rules subject to which the Collector may regularize the non-agricultural use of any land;

(xii) under sub-section (9) of section 36, the rules to regulate the extraction and removal of minor minerals;

(xiii) under section 38, the rules subject to which the land shall be granted to the encroacher;

(xiv) under section 46, rules subject to which holding shall be disposed of;

(xv) under section 50, the rules subject to which a holder of land shall be entitled to decrease of' assessment;

(xvi) under sub-section (2), of section 51, rules according to which the assessment may be altered;

(xvii) under section 52, the rules in accordance with which reduction, suspension or remission of land revenue in any area may be granted; (xviii) under section 60, the rules in accordance with which the records of the area and assessment of survey numbers and sub-divisions thereof shall be maintained;

(xix) under section 61, the rules in accordance with which the Collector may divide the holding and apportion assessment thereof and the limits of area of land revenue below which partition may be rejected;

(xx) under section 66, the rate of survey fee;

(xxi) under section 67, the form of sanad; aCode limits of area of lane (xxii) under sub-section (1) of section 69, the rules for dividing the lands to be settled into groups and fixing the standard rates for each group; (xxiii) under section 71, the manner of ascertaining the average yield of crops of land for the purposes of the settlement and the manner of holding enquiry for that purpose and the manner of submitting report to the Collector;

(xxiv) under sub-section (1) of section 72, the manner of publication of settlement report;

(xxv) under sub-section (3) of section 74, scale for levy of surcharge and grant of rebate;

(xxvi) under sub-section (1) of section 77, other particulars to be shown in the settlement register; (xxvii) under section 79, the manner in which land revenue assessment of individual survey numbers and sub-divisions shall be fixed by the Settlement Officer on the basis of their classification value; (xxviii) under section 87, the percentage of the full market value of lands and the other manner of publication of the standard rates of non-agricultural assessment, fixed or revised and the manner in which the full market value shall be estimated;

(xxix) under section 91, the other occupations under clause (1), and the period and conditions under clause (5), thereof;

(xxx) under sub-section (1), the form of the record of rights and the other particulars which a record of rights shall include, under sub-section (2), the procedure for the first preparation of the record of rights in any village and under sub-section (3) of section 95 the rules for maintaining the record of rights up-to-date;

(xxxi) under section 97, the form of acknowledgement to be given by the Talathi under sub-section (3), the manner in which orders disposing of objections shall be recorded in the register of mutations under sub-section (4), the rules subject to which transfers of entries from the register of mutations to the record of rights shall be effected under sub-section (5), the manner in which entries in the register of mutations shall be certified under sub-section (6) thereof; (xxxii) under section 98, the form of the register of cultivators and crops and the manner in which it shall be maintained; (xxxiii) the rules for the purpose of section 101; (xxxiv) under section 102, the form in which and the times at which intimation of transfers by registering officers shall be sent; (xxxV) under section 104, the other land records to be prepared; (xxxvi) under section 108, the rules subject to which, and the fees on payment of which, maps and records shall be open to the inspection of the public and certified extracts from the same or certified copies thereof shall be given; (xxxvii) under sub-section (2) of section 114, the rules for regulating the procedure of the Collector in demarcating the boundaries of a survey number or of a sub-division and the nature of the boundary marks to be used and authorising the levy of fees from the holders of land; (xxxviii) under section 116, the rules subject to which the Superintendent of Surveys and Land Records may determine the description of the boundary marks and survey marks and the manner in which they shall be constructed, laid out, maintained or repaired and determining dimensions and materials of such boundary and survey marks under sub-section (3) thereof; (xxxix) under section 121, the rules providing for the payment of land revenue in instalments and prescribing the dates on which, the persons to whom, and the places whereat, such instalments shall be paid;

(xl) under sub-section (2) of section 125, the officer or class of officers who shall distrain and sale the movable property of a defaulter and the manner and procedure of doing it; (xli) under section 127, the rules subject to which the holding forfeited to Government may be sold or otherwise disposed of; (xlii) under section 129, the form of warrant; (xliii) under sub-section (1) of section 131, the form of security; (xliv) under sub-section (1) of section 133, the form of proclamation to be issued, by the Collector; (xlv) under sub-section (4) of section 134, the form of notice; (xlvi) under section 181, the rules for conducting ordinary inquiries; (xlvii) under section 182, the charge for copying, searches inspection and other like matters; (xlviii) under section 184, the form of warrant; (xlix) any other matter for which rules may be made under this Code.

(3) All rules made under this Code shall be subject to the condition of previous publication and every rule shall be laid, as soon as may be after it is made, before the Legislative Assembly of Goa, Daman and Diu while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following the House agreed in making any modification in any such rule or the House agreed that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Section 199, The Goa Land Revenue Code, 1968 (Act 9 of 1969).