PANJIM: Criticising the recent amendments to The Code of Comunidades, the components alleged that the government is trying to grab control over the self-governing bodies only to usurp the lands.
The Goa Legislative Assembly passed The Goa Legislative Diploma No. 2070 dated 15-4-1961 (Amendment) Bill, 2023 by a voice vote on the last day of the recently concluded session.
Comunidade of Margao president Savio Correa said that the amendments need to be studied and scrutinised as they are not in a true democratic spirit. He said that the amendments should be discussed in the Convention of Comunidades which was adjourned in 2018.
According to Correa, after every five years, the Convention of Comunidades had to be organised but after Liberation, the first Convention was held in 1997 i.e. after almost 36 years, and the second in 2009.
He asked, “When there is a provision for consultation in the Convention, why did the government bring amendments in a hasty manner?”
Stating that the Comunidade land was for the use of landless Gauncars, Correa said that by allowing children of shareholders entitled for Comunidade land, even a person having only one share will be entitled to such a plot of land.
Comunidade components will soon meet the Governor and appeal to him to withhold his assent to all the bills which have been passed much against the letter and spirit of the Code of Comunidades.
Former president of Comunidade of Moira Rui Da Gama said that as per the Code of Comunidades, the general body of the respective Comunidade has to approve the decisions taken by its managing committee and then recommend it to the Governor for final approval.
“There are constitutional provisions, which protect Code of Comunidades, which are self-governing institutions and the government is not giving grants to them,” he said.
Da Gama said that shareholders are not co-owners of assets of Comunidade and they are not decision-makers. The shareholders can only enjoy the dividends declared by their Comunidades.
Former president of Comunidade of Guirim Trajano D’Mello demanded that the government clarify the meaning of the amendments to the Act and whether it is a backdoor entry for shareholders to claim the Comunidade land on par with Gauncars.
Former president of Comunidade of Serula Shankar Phadte alleged that the government is trying to destroy the Code of Comunidades and take control of the land. The government is not interested in protecting the land belonging to Goan communities. The amendments will allow sitting MLAs to grant land without auction.
Phadte said that the shareholder is the sharer of profits of agricultural produce and he is only entitled to dividends of produce.
He apprehended that due to the amendment there is now every possibility that the shareholders will transfer his shares.
Phadte disclosed that Comunidade of Serula has 5,300 shares on record, but there is no inventory of these shares available with the Comunidade or with the government.
Comunidade of Nagoa Attorney John Philip Pereira said that the amendment to dissolve the elected managing committees on charges of irregularities and appointing government officers to take charge of the affairs is nothing but an attempt to usurp the Comunidade lands. He said that as per the Code of Comunidades, only Gauncars and Jonoeiros are responsible for the liabilities of Comunidades.
Pereira said that shareholders are not responsible for liabilities and the government should ensure that children of shareholders will be entitled to the plot or land provided they do not own land in their name.
Gauncar of Comunidade of Serula, Soter D’Souza, said that amending the Code of Comunidades in tits and bits and as per the convenience of political establishments will lead to chaotic situations. The amendments are done without giving chance to components to voice their opinions. The amendment is nothing but dilutes the Code and gives an upper hand to the government to do what it wants.
Comunidade of Sancoale president Pratap Mardolkar said that amendments were passed without consulting components and it is unconstitutional. Comunidades are monotonous bodies through their work under the tutelage of the government. The government is now trying to take control of the Comunidades with the sole intention to usurp the land.
Guirim Comunidade president Tulio De Souza condemned the amendment to give land to landless children of shareholders and said that it is a backdoor entry to migrants and not Goans.
He said that amendments have not been circulated to the Comunidades nor approved at the Comunidade Convention under Article 652. Incidentally, the government has not bothered to reconvene the Convention which was adjourned the last time on January 13, 2019.
Former judge Cleofato Coutinho said, “The bigger issue is the way bills are passed. The Comunidade amendment was not even known. Its ramifications are not known. The issue of Gauncar and shareholder is not distinguished. My view is in the matter of land acquisition, if price under is paid the Comunidades must not complain but the long term leases shall only delete the Comunidades of whatever land they hold.”
Former Minister and Gauncar of Kudne Comunidade, Sadanand Malik said that the amendments passed by the Legislative Assembly is an act of invasion on the autonomy and sovereignty of centuries old heritage institutions existing in Goa since the time immemorial.
He strongly condemned the act of the government to dismantle the Comunidades.
