Draft Rules–Goa Agricultural Tenancy (Discharge of Joint Responsibility of Tenants) Amendment Rules, 2023

The Government of Goa pre-published draft rules on 1st January , 2023 to amend the Goa, Daman and Diu Agricultural Tenancy (Discharge of Joint Responsibility of Tenants) Rules, 1975. The final rules, called the Goa Agricultural Tenancy (Discharge of Joint Responsibility of Tenants) (Amendment) Rules, 2023, will come into force on the date of their final publication in the Official Gazette.

The draft rules proposed several amendments to the existing rules. Rule 6 of the Goa, Daman and Diu Agricultural Tenancy (Discharge of Joint Responsibility of Tenants) Rules, 1975, will be amended. A proviso will be inserted in sub-rule (1), stating that if any office bearer of the Managing Committee is involved in misappropriation, they will be disqualified from contesting further elections. Additionally, a new sub-rule (5A) will be inserted, which outlines the procedure for updating Form III annually. This includes publishing a notice inviting applications for inclusion of members, receiving applications, displaying a list of applications, and deciding on the applications during a meeting of the Managing Committee. 

Rule 7 will also be amended, increasing the amount from Rs. 50/- to Rs. 500/- for sub-rule (1) and from Rs. 5000/- to Rs. 25,000/- per month, per association for sub-rule (2). Rule 8 will be amended to state that the entire auction amount shall be deposited with the Tenants Association before signing the agreement in Form VIII. Additionally, 20% of the income accrued from the lease of fishing rights of the sluice gates and lease of trees shall be deposited in the Government treasury.

Rule 9 will be amended, increasing the amount from Rs. 5000/- to Rs. 25,000/- for sub-rule (1) and updating the amounts for sub-rule (2) from Rs. 5000/-, Rs. 10,000/-, and Rs. 20,000/- to Rs. 25,000/-, Rs. 1,00,000/-, and Rs. 2,00,000/- respectively. 

Rule 10 will be amended to include new sub-rules, allowing for an appeal to the Deputy Collector within thirty days from any order passed by the Mamlatdar, and a revision to the Administrative Tribunal of Goa within sixty days from any order passed by the Deputy Collector. The provisions of sections 4, 5, 12, and 14 of the Limitation Act, 1963 (Central Act 36 of 1963) will apply.

A new form, Form IX, will be inserted after Form VIII. This form is a notice for inclusion of names of new members in the list of members of the association. It invites applications to update the list of members and provides the details for submission.

The government invites objections and suggestions to the draft rules within a period of fifteen days from the date of publication of the notification in the Official Gazette.

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