PORVORIM: The Legislative Assembly on Wednesday unanimously passed the Goa Agriculture Tenancy (Amendment) Bill, 2017 which provides for the transfer of tenancy cases back to the mamlatdar from the Court of Senior Civil Judge amid noise over the clarity of the appellate authority.
MLAs from the ruling side as well as Opposition raised the issue during discussions seeking to know where tenants who have lost in the civil court were to appeal.
Deputy Speaker Michael Lobo said the appeal should be with the mamlatdar and it should be included in the amendment bill. Mandrem Congress MLA Dayanand Sopte said decisions given by the civil court cannot be over ruled by the mamlatdar and asked what will be the solution.
Curtorim MLA Aleixo Reginaldo Lourenco, Leader of the Opposition Chandrakant Kavalekar and others also raised the same queries but Revenue Minister Rohan Khaunte said that all the queries are addressed in the amendment bill.
The Bill seeks to bestow upon the mamlatdar the powers to decide matters under various sections of the Goa Daman and Diu Agricultural Tenancy Act, 1964 (Act7 of 1964). It also seeks to bestow upon the Collector and the Administrative Tribunal the appellate/revisional power.
The Bill further seeks to insert Section 60C in the Act so as to fix the time limit for disposal of the applications and/or proceedings under Sections 7, 7A, 14, and 18 of the Act, within a period of three years from the date of their filing or from the date of their receipt from the Court of Senior Civil Judge.
The Bill also empowers the government to constitute Agricultural Land Tribunal and frame rules prescribing the manner for holding inquiry by the mamlatdar.
It further stated that from every order, including an order passed under Chapter II-A other than an interim order passed by the Mamlatdar or the Tribunal under the Act, an appeal shall lie with the Collector and the orders of the Collector on such appeal shall be final, subject to revision, if any, by the Administrative Tribunal.
“Provided that where such order has been passed by the Court of Senior Civil Judge before the commencement of the Goa Agricultural Tenancy (Amendment) Act, 2017, an appeal shall lie to the District Court and the orders of the Court on such appeal shall be final. And, from every original order other than an interim order passed by the Collector an appeal shall lie to the Administrative Tribunal and the orders on such appeal shall be final,” it stated.
