Shocker: Govt is enforcing expired law for 30 years

Team Herald

PONDA: Information obtained under Right to Information Act has revealed that the Portuguese-era Mahajans Act has expired nearly 30 years ago, as it was not duly adopted and modified by the Goa Legislative Assembly, mandatory under Section 67 of the Goa, Daman and Diu Reorganisation Act, 1987, within two years of Goa achieving statehood.

This information was unearthed by Marcaim Navdurga Madkaikarin Satyashodak Manch (MNMSM). 

Ignorant of this, the government has even appointed a five-member committee to suggest amendment to Mahajans Act and a meeting of all the devastans registered under said Act has been scheduled on January 14.

On learning that the Mahajans Act has lapsed long back, the Manch has submitted a memorandum to the Governor of Goa, the Revenue Minister, and the North Goa Collector intimating them of this fact.

Since the Mahajans Act expired long ago, the Manch has demanded enactment of new law called The Goa Charitable and Hindu Religious Institutions (Temple) Act.

According to the Manch, that Article 99 of the Mahajans Act still directs the temple committees to deposit the temple funds into a Portuguese Bank called Banco Nacional, which does not operate in Goa, is prima facie proof that the Goa Legislative Assembly has not adopted and modified the Mahajans Act after Goa attained statehood.

The President of MNMSM Deepak Naik said that since Goa Assembly had not adopted the law, no case can be filed in mamlatdar and other Courts based on the lapsed law. 

As per Section 66 (territorial extent of laws) of The Goa, Daman and Diu Reorganization Act, 1987, laws of former Union Territory of Goa, Daman and Diu were allowed to operate in the new State of Goa, but restricted their continuation for a period not more than two years from appointed date of statehood, that is May 30, 1987, as per Section 67 of Goa, Daman and Diu Reorganization Act 1987.

Section 67 of Goa, Daman and Diu Reorganization Act 1987, obligated the government to adopt the laws of former Union Territory through Goa State Assembly, within a period of two years from the date of attaining two years.

But if the Goa State Assembly failed to adopt the previous laws of the Union Territory to Goa State, within two years from statehood day, then the President of India is empowered under Section 71 of the said Act to adopt the previous laws by promulgating an order within three years from date/day of Statehood. But after the expiry of three years, even the President of India is not empowered to promulgate such order to adopt previous laws. Hence, it is clear since past around thirty years of Goa Statehood, the Mahajans Act has become defunct.