Section 40
Section 40 of the Goa Land Revenue Code, 1968. If in the opinion of the Collector any person is unauthorisedly occupying or wrongfully in possession of any land- (a) vesting in the [Central Government or Government];
(1) If in the opinion of the Collector any person is unauthorisedly occupying or wrongfully in possession of any land- (a) vesting in the 67[Central Government or Government]; or (b) to the use or occupation of which he is not entitled or has ceased to be entitled by reason of- (i) any of the provisions of this code, or (ii) the expiry of the period of lease or termination of the lease for breach of any of the conditions annexed to the tenure, or (iii) it being not transferable without the previous permission under sub-section (2) of section 24 or by virtue of any condition lawfully annexed to the tenure under the provision of sections 20, 25 or 32,it shall be lawful for the Collector to summarily evict such person in the manner provided in sub-section (2).
(2) The Collector shall serve a notice on such person requiring him within such time as may appear reasonable after receipt of the said notice to vacate the land, and if such notice is not obeyed, the Collector may remove him from such land. &[Provided that in case the land is unauthorizedly occupied for the purpose of dumping mining rejects or like material, the Collector shall proceed to remove such unauthorized occupation.] (3) A person unauthorisedly occupying or wrongfully in possession of land after he has ceased to be entitled to continue the use, occupation or possession by virtue of any of the reasons specified in sub-section (1), shall also be liable at the discretion of the Collector to pay a penalty not exceeding two times the assessment or rent for the land for the period of such unauthorised use or occupation.
Section 40, The Goa Land Revenue Code, 1968 (Act 9 of 1969).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
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Questions about Section 40
How do I find court cases under Section 40 of the Goa Land Revenue Code?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Goa Land Revenue Code 40, section 40 Goa Land Revenue Code, section 40 of the Goa Land Revenue Code. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 40 of the Goa Land Revenue Code, and has it changed?
Its own text turns on section 20 (Classes of holders of land), section 24 (Occupancy to be transferable and heritable subject to certain restrictions), section 25 (Occupant's rights are conditional), section 32 (Procedure for conversion of use of land from one purpose to another), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it.
When was the Goa Land Revenue Code enacted?
Goa Land Revenue Code was enacted in 1969 as Act 9 of 1969. India Code records no commencement date for it. It is in force as at the date shown on this page.
Other sections of this Act
- 201. Repeal3296 words
- 2. Definitions1705 words
- 32. Procedure for conversion of use of land from one purpose to another1575 words
- 37B. Restriction on transfer of occupancy of Land1463 words
- 199. Power to make rules1424 words
- 37. 1167 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/d863c6a8-b7cd-46dd-a427-2c978c2de7e1.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/3b8bf998-2952-4f4d-b5a3-4fa3170fdbb3/content). This page is not a substitute for legal advice.