LexThe Code of Comunidades of 1961
Goa · state statute
Open in Lexace · Ask the AI about this act-------1-------- Legislative Diploma No. 2070 dated 15-4-1961 1. The Goa, Daman and Diu Legislative Diploma No. 2070 dated 15-4-1961 (Amendment) Act, 1984. (Act No. 1 of 1985), published in the Official Gazette Series-I No. 42 dated 17-1-1985; and it come into force at once. 2. The Goa, Daman and Diu Legislative Diploma No. 2070 dated 15-4-1961 (Amendment) Act, 1985. (Act No. 9 of 1985), published in the Official Gazette Series-I No. 6 dated 9-5-1985; and it come into force at once. 3. The Goa, Daman and Diu Legislative Diploma No. 2070 dated 15-4-1961 (Amendment) Act, 1986. (Act No. 8 of 1986), published in the Official Gazette Series-I No. 31 dated 30-10-1986; and it come into force at once. 4. The Goa Legislative Diploma No. 2070 dated 15-4-1961 Adaptation of Laws Order, 1987, published in the Official Gazette Series-I No. 31(Extraordinary) dated 29-10-1987 and deemed to come into force w.e.f. 30-5-1987; 5. The Goa Legislative Diploma No. 2070 dated 15-4-1961 (Amendment) Act, 1988. (Act No. 13 of 1988), published in the Official Gazette Series-I No. 8 dated 27-5-1988; and it come into force at once. 6. The Goa Legislative Diploma No. 2070 dated 15-4-1961 (Amendment) Act, 1990. (Act No. 15 of 1990), published in the Official Gazette Series-I No. 26 dated 27-9- 1990; and it come into force at once. 7. The Goa Legislative Diploma No. 2070 dated 15-4-1961 (Amendment) Act, 1993 (Goa Act No.10 of 1993) , published in the Official Gazette Series-I No. 10 dated 3-6-1993; and it come into force at once. 8. The Goa Legislative Diploma No. 2070 dated 15-4-1961 (Amendment) Act, 1994. (Act No. 11 of 1994), published in the Official Gazette Series-I No. 8 (Extraordinary-2) dated 27-5-1988; and it come into force at once w.e.f 1-1-1982. 9. The Goa Legislative Diploma No. 2070 dated 15-4-1961 (Amendment) Act, 1995 (Goa Act No. 3 of 1996) , published in the Official Gazette Series-I No. 44 dated 1-2-1996; and it come into force at once 10. The Goa Legislative Diploma No. 2070 dated 15-4-1961 (Amendment) Act, 1996 (Goa Act No. 3 of 1997), published in the Official Gazette Series-I No. 50 (Extraordinary-2) dated 19-3-1997; and it come into force at once. 11. The Goa Legislative Diploma No. 2070 dated 15-4-1961 (Amendment) Act, 1997 (Goa Act 3 of 1998) , published in the Official Gazette Series-I No. 42(Extraordinary-2) dated 21-1-1998;It shall be deemed to have come into force on the 1st day of December,1997. 12. The Goa Legislative Diploma No. 2070 dated 15 -4-1961 (Amendment) Act, 2001 (Goa Act 24 of 2001) , published in the Official Gazette Series -I No. 2 dated16 -4-2001;The amendment of Article 49 shall be deemd to have come itto force w.e.f. 30-11-2000 and amended provicion of Article 334-A shall come into force at once. 13. The Goa Legislative Diploma No. 2070 dated 15-4-1961. (Second Amendment) Act, 2001 (Goa Act 46 of 2001) , published in the Official Gazette Series-I No. 13(Extraordinary- 2) dated 4-7-2001; and it come into force at once. 14. The Goa Legislative Diploma No. 2070 dated 15-4-1961. (Amendment) Act, 2002 (Goa Act 5 of 2002), published in the Official Gazette Series-I No. 43(Extraordinary-5) dated 29-1-2002; It shall be deemed to haqve come into force on the 28th September, 2001. 15. The Goa Legislative Diploma No. 2070 dated 15 -4-1961. (Amendment) Act, 2016 (Goa Act 5 of 2016) , published in the Official Gazette Series -I No. 50 (Extraordinary) dated 14-3-2016; It shall be deemed to have come into force on the 30-11-2015. 16. The Goa Legislative Diploma No. 2070 dated 15-4-1961. (Amendment) Act, 2016 (Goa Act 10 of 2016), published in the Official Gazette Series-I No. 5 (Extraordinary) dated 5-5-2016; It shall come into force at once. -------2-------- 17. The Goa Legislative Diploma No. 2070 dated 15-4-1961. (Amendment) Act, 2023 (Goa Act 22 of 2023), published in the Official Gazette Series-I No. 12 (Extraordinary) dated 22-6-2023; It shall come into force at once 18. The Goa Legislative Diploma No. 2070 dated 15-4-1961 (Amendment) Act, 2024 (Goa Act No.11 of 2024) [06-03-2024] Published in the Official Gazette Series -I No.49 (Extraordinary) dated 12-3-2024 ,and came into force at once. 19. The Goa Legislative Diploma No. 2070 dated 15-4-1961 (Amendment) Act, 2024. (Goa Act 22 of 2024) [10-10-2024] Published in the Official Gazette Series I No.28 [Extraordinary No.04] dated 16-10-2024 and came into force w.e.f. 18-10-2024 20. The Goa Legislative Diploma No. 2070 dated 15-4-1961 (Amendment) Act, 2025, (Goa Act 4 of 2025) [27/02/2025] published in the Official Gazette Series I No. 49[Extraordinary No.01] dated 06-03-2025 and come into force at once. DECLARATION It is hereby declared for all legal purposes that in the publication of the statutory enactment No. 2070 dated 15/04/1951 by which the Code of Comunidade was enacted in the supplement of Official Gazette No.15, Series I of the same date, there are some inaccuracies which are hereby rectified. 1) In Article 533, para 3 where it is read ―in a manner which may be established‖, it has to be read as ―in a manner which is already established‖; 2) In Article 660, where it is read ―1294, 1306‖, it is to be read as ―1294, 1301 and 1306‖; and 3) Where it is read ―of 30th July, 1949, of 22nd September, 1949‖, it is to be read as ―dated 30th July, 1949, dated 18th August, 1949, dated 22nd September, 1949. 4) In the map No. 1 of Comunidade of Taluka of Goa where it is read ―Passo de Ambarim Talaulim de Santana‖, it is to be read as ―Passo de Ambarim Renovadim Talaulim de Santana‖; 5) In the recapulation of map No.1 where it is read ―Taluka Goa ............... 31‖, it is to be read ―Taluka Goa ............. 32‖. 6) Directorate of Services of Administration of Goa dated 17 th August, 1961 – Directorate of Services of Ad -hoc, Sripada Ananta Sinai Narcornim, Official Gazette No.33, Series I dated 17/08/1961. Note: In the body of the translated text, corrections of the mistakes pointed out in the above declaration have been embodie d at the appropriate place as they will be integral part of the Code and effective from the date of the promulgation of the Code on 15/04/1961. -------3-------- Title I - Constitution of ―comunidades Chapter I - General Provisions - Art. 1-19 Chapter II - ―Comunidades‖ Section I - Members of the ―comunidades‖ - Art. 20-29 Section II - Powers of the ―comunidades‖ - Art. 30-32 Section III - Meetings of the ―comunidades‖ - Art. 33-38 Section IV - Managing committee - Art. 39-72 Section V - Attorneys - Art. 73-83 Section VI - Clerks of the comunidades - Art. 84-98 Section VII - Treasurer - Art. 99-101 Section VIII - Safe and the key-holders - Art. 102-115 Chapter III - Administration of the comunidades Section I - General provisions - Art. 116 & 117 Section II - Administrators - Art. 118-126 Section III - Office of secretary and its personnel - Art. 127-152 Chapter IV - Governor-General - Art. 153 Chapter V - Administrative Tribunal - Art. 154 Chapter VI - Pensioners‘ Bank - Art. 155 -172 Chapter VII - ―Comunidades‖ in default - Art. 173-181 Title II - Operations of the ―comunidades‖ and their procedure Chapter I - Qualification of the members Section I - Of primary enrolment of the ‗zonnkars‘ - Art. 182-192 Section II - Annual enrolment of ‗zonnkar‘- Art. 193-198 Section III - Inscription of shareholders - Art. 199-201 Section IV - Inscription of pensioners and participants - Art. 202-207 Chapter II - Registers Section I - Register No. 1 (Tombo 1) - Art. 208-221 Section II - Register No. 2 (Tombo 2) - Art. 222-229 Section III - Division of property and proportionate division of ‗Foro‘- Art. 230-237 Section IV - Redemption of ‗foro‘ - Art. 238-242 Chapter III - Ordinary auctions Section I - Estimates or evaluation of items of revenue and items of expenditure in general - Art. 243-256 Section II - Licitation - Art. 257-272 Section III - Security - Art. 273-287 Section IV - Transfer of contract - Art. 288 Section VII - Lease of paddy fields - Art. 291-307 Chapter IV - Development of agricultural and extraordinary expenses - Art. 308-316 Chapter V - Long term leases - Art. 317-323 Chapter VI - Aforamentos or Emphyteusis Section I - Grant - Art. 324-339 Section II - Objections against applications for the grants - Art. 340 Section III - Reversion of lands granted on emphyteusis - Art. 341-346 Chapter VII - Sale of pledges and of produce of properties - Art. 347-348 Chapter VIII - Permission for filing of suit - Art. 349-353 Chapter IX - Redemption of charges and contributions due to the―comunidades‖ - Art. 354-355 Chapter X - Rebate on rent of the fields- Art. 356-367 Chapter XI - Introduction of waters in the fields - Art. 368-370 ChapterXII - Encroachment of lands and remedies for their recovery Section I - Encroachment discovered with or without complaint - Art. 371-384 Section II - Encroachment discovered while making the survey- Art. 385-389 -------4-------- Chapter XIII - Procedure in general - Art. 390-396 Chapter XIV - Appeals or complaints in general - Art. 397-399 Title III - Shares of ―comunidades‖ Chapter I - Issue of shares certificate - Art. 400-409 Chapter II - Transfer of shares - Art. 410-420 Chapter III - Creation of charges - Art. 421-428 Chapter IV - Common provisions dealing with the transfer of shares and creation of charges - Art. 429-435 Chapter V - Reconstruction of share certificates - Art. 436 & 437 ChapterVI - Prescription of shares in favour of ―comunidades‖ - Art. 438 &439 Title IV - Book-keeping and accounts Chapter I - Book-keeping and accounting of the administration of comunidades - Art. 440-444 Chapter II - Book-keeping and accounting of the comunidades Section I - General Provisions - Art. 445-461 Section II - Minute-book - Art. 462 Section III - Cash-Book - Art. 463-469 Section IV - Income and expenditure book - Art. 470-479 Section V - Books of current account - Art. 480-515 Section VI - Book of transfer of credits - Art. 516-525 Section VII - Book of charges - Art. 526-531 Section VIII - Contract book - Art. 532-537 Section IX - Sundry declarations and reports book - Art. 538-540 Section X - Book of record of orders from higher authorities- Art. 541 & 542 Section XI - Book of record of encroachments - Art. 543 Section XII - Book of the registration of claims in the matter of survey- Art. 544 Section XIII - Book of primary enrolment of zonnkars‘ - Art. 545 Section XIV - Book of primary enrolment of the shareholders- Art. 546 &547 Section XV - Book of primary enrolment of the pensioners and participants - Art. 548 Section XVI - Register (Tombo 1) - Art. 549 & 550 Section XVII - Register (Tombo 2 ) - Art. 551 & 552 Section XVIII - Book for the general inventory - Art. 553 Section XIX - Book of outgoing correspondence - Art. 554 Title V - Coercive recovery of the debts. Chapter I - General provisions - Art. 555-557 Section V - Books of current account - Art. 480-515 Section VI - Book of transfer of credits - Art. 516-525 Section XVIII - Book for the general inventory - Art. 553 Section XIX - Book of outgoing correspondence - Art. 554 Title V - Coercive recovery of the debts. Chapter I - General provisions - Art. 555-557 Chapter II - Current accounts Section I - Debtors subject to coercive recovery - Art. 558 Section II - Issuance of the certified copies of the current accounts- Art. 559-567 Section III - The effects of issuance of certified copies of the current accounts - Art. 568 Section IV - Opposition of the judgement debtor - Art. 569 - 573 Section V - Production of the evidence and arguments - Art. 574-577 Section VI - The judgement and appeal - Art. 578-583 Section VII - Adjucation by way of embargo - Art. 584 - 589 Chapter III - Attachments - Art. 590-597 Chapter IV - Third party objections - Art. 598 Chapter V - Auctions and awards - Art. 599 - 605 -------5-------- Chapter VI - Creditor‘s claims - Art. 606-611 Chapter VII - Payment - Art. 612- 624 Chapter VIII - Forgery of documents - Art. 625 & 626 Chapter IX - Costs - Art. 627 - 631 Chapter X - Unrecoverable debts - Art. 632 - 640 Title VI - General and transitory provisions - Art. 641 - 660 Maps, Models and Tables Appendix & concluding note Abreviature: Escudos - $ Amendments carried out in the Code of Comunidades of 1961 post liberation The Code of Comunidade has been amended from time to time .As against each provision of the translated text, note has been made below indicating the amendment to the old article. -------6-------- GENERAL - GOVERNMENT Legislative Enactment No. 2070 I – From a very long time the need was being felt for a publication of new Code of Comunidades. The 1933 Code had undergone profound changes, as a result of the successive and frequent alterations introduced in it. It is true that many of those alterations have been made by amending the articles of the Code it is none the less true that many others have resulted from the framing of rules which renewed, modified or added the provisions of the Code, without making any reference to those articles. This has created chaos in the enforcement of different concepts which govern the comunidades of Goa, spreading varied legislative enactments, based many a times in divergent views. Indeed, the many legislative enactments that have altered the provisions of the Code have adhered to the basic principles, compound in provisions settled in it, for in many cases, the solutions adopted amounted to the application of new an d different principles, if not actually contradictory, to those that had guided the framing of the Code of 1933. This situation has given rise, alongside the repealed provisions of the Code, to difficulties in harmonizing many other provisions contained in new enactments. In this way the advantages of having one Code of comunidades have lost to a great extent. Under these circumstances though the time has come for a total revision of the Code, it is felt not advisable to proceed with such a revision, by introducing new changes in the Code that would mean to worsen further to the existing confusion. Instead it was found that it was better to condense the work of revision in a new single publication. But the publication of the new Code of comunidades, besid es the purpose referred to, has another aim, namely to move closer to what public awareness demands: constant improvement in the Comunidades institutions. For this purpose it was taken into consideration the experience of many years and the lessons which the said experience, could offer and it was also considered the progress made in doctrine, legislation and jurisprudence with regard to legal concepts similar to those prevailing in the comunidades. It is true that the perfect functioning of these comunidades and of the services, which orient and supervise them does not depend only on the relevant legal structure but also on the ethical standing of the men on whom the comunidades can count. However, there is a lot that the administrative organization can achieve. It is hoped that the changes included here may contribute to this and that the comunidades can justify the reasons of its long and relevant existence. II – Changes in the legislation may or may not have a serious influence on the people, but always leads to a period of uncertainty until the interpretation of the new legislation is well settled. -------7-------- The law should be at the service of the interests of the collectively, among which it is of fundamental importance the peace or tranquillity of existence backed by the norms by which it is governed. These laws should not therefore be modified, except after considering all the circumstances and possibilities and when it may be considered that a greater harm could be done to the society by the injustice or other deficiencies in the law in force, than will result from the upset to the security of relations caused by replacement of the law. If this principle is good in regards to any law, it will all the more be so in the case of a Code, in view of the greater amplitude and stability of its provisions; it attains the highest accuracy as in the case of the Code of Comunidades. The law should not limit itself to satisfy the complaints formulated in practice or to give effect to the sta te of legal awareness of the collectively, unless it assumes also the role to guide the life of society and to further society‘s progress. In fact, a general review of the comunidades laws and its compilation in a new Code, did not appear to be free of danger, when the order of the Government-General of 15th May, 1958 (Boletim Oficial, No. 20, 2nd Series, of 15th May, 1958) was published. The revision had to be as far as possible, cautious, by avoiding all the changes which were unnecessary. No where else, such changes would have been so harmful, as in the laws governing our comunidades, in which the extraordinary richness and complexity of relations, the multiplicity of aspects worthy of reconsideration and the difficulties of reconciling the different interests are all of the highest degree. The Code, now published, has not kept distant from such procedure, nor sought to be original, for the sake of originality. It was only altered, in what appears essential, by attempting to do so by furthering positive law without upsetting the life in a reasonable combination of forces - progress which demands full justice and more perfect organization of institutions and a tradition that demand stability and security of norms. III – Without touching the formed charges made , which were numerous and covered almost all the articles of the old Code, we shall give, briefly, a short indication of the modifications of major impact introduced in the new Code. The foro which the comunidades were paying to the National Exchequer have been abolished. By doing so, the historical truth was restored, which was stressed by Cunha Rivara – by acknowledging that the property of the comunidades belong to them, as of their full ownership and that the foro do not correspond to their bifurcation in dominium utile and dominium directum the latter being of the State and the former of the comunidades. The lease of the paddy fields – a matter which was covered by various and scattered legislation – was given special attention in order to have a perfec t reconciliations of interests of the tenants and the comunidades and change of the system of sanctions for non-compliance of the terms of agreement by those leaseholders by making it softer to the indispensable extent, the anomaly of imprisonment for failure to pay the rents has also been made softer, but without compromising with the safeguards of the income of comunidades. The improvement of agriculture was one of the concern which was present in mind, while passing the new statute. -------8-------- To this effect steps were taken, which, it is hoped, will produce beneficial result to the agricultural economy of Goa, through the plans of work of permanent character to be prepared annually giving priority to irrigation works in the fields and of reinforcement of embankments and sluice gates. The rebate on the rent of fields of comunidades has been regulated so that the malpractice could be prevented, as far as possible, which was as harmful to the comunidades as it is to all those who take share in their profi ts, which often constitute the main source of income for their livelihood. If on one hand the grounds for applying for rebate have been restricted, on the other hand, legal provisions have been introduced whereby the grounds invoked are to be proved with greater strictness. The dissolution of property of comunidade has been prohibited on grounds which do not require any explanations. When the Code provides for the reconstitution of the extinct comunidades and the formation of new ones, it would be illogical to allow the dissolution of the comunidades already existing. The creation of association of tenants shall depend on the proposal of the comunidades or an act of the Government, if the same is found necessary, and the elimination of the posts of the collectors of rents and watchmen was the result of ineffectiveness of functions, as revealed by experience. Finally, regarding some rights and other privileges that the employees of the comunidades were enjoying, these rights have been restricted and new obligations were imposed and great strictness has been applied regarding incompatibility and prohibition to which they are subject. IV – In this way, the reasons in brief are given as to why modifications of some of the main provisions in force have been introduced in this Code. It would be impossible to enumerate and justify in this preamble all of them. The idea behind it, was to contribute for the improvement and amelioration of working of the comunidades and it was inspired by the desire to attend to the most pressing needs. Everything, however, would not come up to the expectation without the dedicated co - operation of many people. It is sincerely hoped that such a co -operation will be forthcoming at all times and lead to valuable and enduring benefits. In the exercise of the powers granted by article 151 of the Constitution, in accordance with the vote of the Legislative Council, the Governor -General of the State of India hereby determines the following: -------9-------- CODE OF COMUNIDADES Title I Constitution of Comunidades Chapter I General Provisions Art. 1 –The 1[comunidades] or 2[gauncarias‘] (association of gaucares) existing in the District of Goa shall be governed by the provisions of the present 3[Code], and in particular, by the specific statutes governing each of them and in matters where the code is silent, the general law shall apply. § 1. A group of two or more comunidades under one single administrator or the group of several villages forming one single Comunidade is called 4[Torofo] – (group of comunidades) and the provisions by which the comunidades are governed shall be applicable to them. § 2. By statute it implies any written instrument or regulation by which a Comunidade had been governed, and in absence of these, by the practi ce invariably observed at least for 50 years prior to 1904. § 3. The statute of the comunidades of Goa, Salsete, Bardez, Mormugao are, as mentioned in map 8 which forms an integral part of this code and that of to the other comunidades, shall be formulated within a period of six months from the date of publication of this code by the respective administrative boards and submitted for the approval of the Government which also, after the approval, shall form integral part of the same Map. Art. 2 – The comunidade and the group of comunidades – Torofos, existing at present, are indicated in map No. 1. Art. 3 – Each comunidade comprises of: a) members by birth –5[joneiros] zonnkars ; b) shareholders; c) members by birth and shareholders and d) participants. § 1. The shares of the annual income belonging to comunidade members by birth (zonnkars) is called the zonn (profit), and that of the shareholders is called the dividend. § 2. In case of dissolution – of the comunidades by means of distribution of its properties or of its values among members by birth (zonnkars) or shareholders, the holders of these properties substitute in all respect such members by birth (zonnkars) or shareholders subject to all the burden lying over the respective comunidades. Art. 4 – Only the comunidade members by birth – (zonnkars) and shareholders are entitled to the profits or losses of the comunidades and only they have the rights and duties that are guaranteed and imposed by this Code to the members of the comunidade. Sole § For the purpose of this article, the orphan sons of the members by birth (zonnkars) and their widows and unmarried daughters, who are entitled to receive the proceeds of zonn, annuity for service or life -long pension as per the statues of the comunidade, sha ll be considered as members by birth (zonnkars). Art. 5 – The comunidades shall be under the administrative tutelage of the State, in terms established in this Code, and its immovable properties may be granted on emphyteusis and alienated in the manner provided in this Code. Sole § With effect from the year 1962 the comunidades shall cease to pay the (foro) to the National Treasury. -------10-------- Art. 6 – The canons (foros) payable on emphyteusis, by the comunidades and any other instalments or periodical pensions tha t they may receive from the emphyteutas, owners, servants or individuals are redeemable, in terms of the general law that regulates the redemption of pension (foro), in all the respects not provided in this Code. Sole § The amount received from the redempt ion shall be utilized for the purposes prescribed in articles 8, 14 and 64 , No. 4 and for the agricultural development. Art. 7 – The comunidade do not enjoy, in regards to the immovable properties, granted on emphyteusis, the right conferred to the granto rs, under article 1662 of the Civil Code and its paragraphs, and the said immovable properties may be alienated and divided, however the comunidades shall have the right to increase the pension (foro) at the time of its division, in terms prescribed in this Code. Art. 8 – The comunidades may request, in terms of law, acquisition of land for public purpose that may be required for irrigation and protection purposes. Art. 9 – The comunidades are not entitled to file any civil suits without permission of the Administrative Tribunal, save in cases where civil suit is merely of preventive relief or of executive nature or the delay in its filing may result in extinction of the right or any guarantee, in which case the sanction of the administrator be enough. Art. 10 - The communidades will be represented in Civil Courts or any other tribunal, Government office, by its regular attorney on duty, or substitute with full powers or by special attorney. § 1. The minutes of the meeting of the election or the order of appointment of the regular attorney, effective or substitute, shall have the effect as that of a power of attorney, but in the event of choice of the special attorney, the power of attorney shall be recorded in the minutes of meeting, in the respective book, specifying the respective power. § 2. The lawyer shall be chosen by the regular or special attorney. § 3. For the purposes of supervision, the attorney shall communicate to the administrator the choice made. However the administrator may change it b y a speaking order and in consultation with the managing committee, when it is found to be against the interests of the respective comunidade, save in case of an appeal or claim against the decision of the comunidade or of the managing committee or of the administrator. Art. 11 – The comunidades shall be served with summon in the person of the respective administrator or one who substitutes him. Art. 12 – For the debts of the comunidades, the attachment may be made on its credits, on the net income, as mentioned in the balance sheet of income or expenditure and on any other profits, but never on immovable properties. § 1. The attachment shall always be carried out through the treasurer of the comunidade, in presence of the respective clerk, who is liable to inform, within 24 hours, the administrator for necessary action; the clerk -in-charge, dealing with the case, shall mention in the declaration of the attachment, the amount under execution proceedings and the accessories. § 2. As long as the attac hment subsists, no extraordinary expenditure shall be voted or approved, except in cases provided in the article 64, No. 3, or when the debt under execution proceedings is guaranteed by the balance in the safe. -------11-------- Art. 13 – The proceeds of income (zonn), of t he members of the comunidades and the rights to the future profits can be seized or attached for the debts of the same member to the respective comunidades or to their subrogatories. § 1. Barring this case, only the portion of the amount that has matured, from the same proceeds to which the member may be entitled to, at the time of attachment, may be seized. § 2. The clerk of the comunidade, in view of the authentic copy of the declaration of attachment, which shall be given to him by the clerk who carries out the seizure or attachment, shall inform the administrator and shall make the necessary annotations and entries in the competent books and shall not effect payment of proceeds from the properties seized or attached. Art. 14 – As soon as there is sufficient fund in the safe, the comunidades can redeem the charges in favour of individual or collective persons, by paying the amount of twenty annual instalments, save the religious charges, which cannot be redeemed. Art. 15 – The comunidades that have liabilities to clear or charges which may desire to redeem, in terms of preceding article, shall be bound to set apart, an amount not less than one tenth of its net incomes, in their annual income and expenditure sheet for payment of loans or remission charges. It shall be duty of the administrator to carefully verify the compliance of this disposition, failing which he shall be liable to civil and disciplinary proceedings. § 1. Amount less than required for the purpose mentioned in this article can be kept separately, when the obligations does not exceed one-tenth of the net income. § 2. For the purpose of this article it is necessary that the debts are supported by a legal and valid document. Art. 16 – All the services that are rendered hereditarily by certain families and paid by usufruct of some specific properties, stand abolished. Art. 17 – The properties, at present enjoyed by way of usufruct, referred to in preceding article, shall continue to belong to its possessors and the services rendered by t hem shall be valued and the same shall be converted, as per the assessment, in a pension (foro) in favour of the comunidade, which pension shall be remain as a charge on the said land. Sole § The valuation shall be done in accordance with the respective te rms of the Code of Civil Procedure (Codigo de Processo Civil) in presence of the administrator. The latter‘s decision is subject to appeal to the Administrative Tribunal. Art. 18 – The comunidades can create medical posts, in consultation with the Director ate of Health Services, and the selection procedure to fill up those posts shall be conducted in the Directorate of Civil Administration, in terms of general law in force. § 1. The medical posts, referred to in the present article, shall be filled on contract basis, in accordance with the articles 45 to 47 of the Overseas Civil Services Statutes – (Estatuto do Funcionalismo Ultramarino). However the same shall depend on the favorable vote of the concerned comunidades, in respect of the concession of privil eges that imply financial burden to them. § 2. The provision in the preceding paragraph shall be applicable to the medical posts existing as on the date of publication of this Code. -------12-------- Art. 19 – All the fines laid down in this Code and those that may be fixe d in the clauses of contracts or of the auction, shall be recovered in terms of title V, when they are not paid voluntarily, and the same shall be reverted in favour of the Pensioners Bank – (Caixa de Aposentações). Sole § No fine shall be imposed nor any necessary charge made, without the prior hearing of the interested party, who shall be notified, about the same, within the period of five days of the respective decision. The defaulter being free to pay the same voluntarily within same period, from the date of the notification or he may file an appeal to the higher instance, within the time limit prescribed by law. CHAPTER II Comunidades SECTION I Members of the Comunidades Art. 20 – Following are the members of the comunidades in terms of article 3. (1) Those who are entitled to receive zonn, either per head or per lineage – (per capita or per stirpes) - and their male descendents by male lineage, legitimate, legitimized, acknowledged as legitimate and adopted, whatever may be their number; (2) Those who possess comunidade shares certificates annotated and registered in their own name; (3) Those who have a share in the net income of the comunidade, whichever may be the nature and denomination of such participations, provided they obtain their registration in their fav or in the respective books of the comunidade, by way of an application addressed to the administrator, supported by the document of transmission. Art. 21 – The right to zonn, of the members to which the clause No.1 of the preceding article refers, is personal, inalienable and imprescriptible and it shall only commence from the date of the primary enrolment, save in case when the registration is effected through an appeal, in which case, the right shall be effective from the retrospective date of refusal by the clerk of comunidade. § 1. For receiving the proceeds of zonn, it is necessary, besides the primary enrolment, the annual enrolment of members by birth – zonnkars. § 2. The right to the proceeds of zonn, stands suspended or lost in the case mentioned in clause (b) of article 379 and stands extinguished on the death of the zonnkar but only after the expiry of the year for which he has been registered. § 3. The proceeds of zonns, the allowances or periodical pensions, prior to the last ten years, stand prescribed in favour of the comunidade, from the 1 st March immediately following the period fixed for its payment. Art. 22 – The rights laid down in the clause No. 2 of article 20 shall commence from the date of the primary enrolment of the respective shar es, and those laid down in No. 3 of the same article from the primary enrolment of the respective participants. -------13-------- § 1. For receiving the dividends of the shares and in order to exercise the rights of the member, it is necessary that registration must be in the administration office and the primary enrolment in the respective comunidade. § 2. The provisional registration of shares certificates does not confer upon the shareholder the membership right, but only the right of alienation of shares certificates, i n the status in which he possesses them; however, the provisional primary enrolment, confers the rights referred to in the preceding paragraph, and these rights are liable for extinction. § 3. The provision of the first part of paragraph 2 and in the paragraph 3 of the preceding article shall be applicable to the dividends from the shares and to the shares of the participants. § 4. When there is impossibility or difficulty for the appearance of the absentee members to collect the proceeds of zonns, di vidends of shares certificates, share of participants, allowances and pensions, the 6[Governor-General Government] may authorize the payment to be effected in favour of the one who produces a declaration issued by the concerned party, with the signature du ly recognized by the clerk of the comunidade, and with the undertaking to refund, in case of any complaint being received. § 5. In cases of constitution of fideicomissum or reservation of usufruct7, the registration (averbamento) shall be made in the name fideicomissionare or of the owner and the registration in the name of fiduciary or of usufructuary. Art. 23 – It is not lawful to make transfer of proceeds of zonn to be accrued in future. Art. 24 – The shares certificates of the comunidades are transmissi ble and alienable in terms prescribed in this Code. Art. 25 – The proceeds of zonns, and interests of any nature of a deceased member and the dividends of the shares registered and inscribed in the name of the deceased member of an inheritance can be received by the head of family, upon production of an order issued by the administrator, based on the certified copy of a pending inventory. § 1. When the proceeds of zonn, amount of interests, or dividends do not exceed 7[Rs.500/-], the interested parties in the inheritance can receive the same, by producing a certificate, issued by the clerk of the comunidade, to the effect that he had issued notices of claim, within a time limit of 30 days, at the door of a temple of any religion existing in the village, at the door of meeting hall of the comunidades and at that of the respective office of the administrator and published in the Official Gazette, being one of the copy presented to the managing committee, when in meeting, and passed without objection from a ny of the members, in the respective meeting. Where the amount to be received does not exceed 8[Rs.50], the publication in the Official Gazette is dispensed with. 9[Explanation:- In the Code of Comunidades, wherever any amount is indicated in escudos, the same shall be calculated at the rate of six escudos per rupee.] § 2. The authorization granted by the administrator, for the purposes of provision in this article, shall be valid for the subsequent years and shall subsist until the inheritance, in the inventory proceedings, has been finally partitioned. § 3. If the objections are disputed or when there is litigation pending about the -------14-------- legitimacy of heirs, the proceeds, the interests and the dividends shall be retained on deposit in the safe of the comunidade and the objection shall be attached to the file of proceedings. In this case, the prescription provided in paragraph 3 of articles 21and 22 of this Code shall not be applicable. § 4. The provision of this article and its paragraphs shall be applicable to the pensions dealt with in the article 202. Art. 26 – The following are the powers of the members of the comunidade: (1) To intervene, discuss and vote in the meetings of the comunidade, and record any protests in the minutes of the meeting; (2) To be elected or appointed for the posts of the comunidade; (3) To make up for the deficit; (4) To request the president of the managing committee to convene a meeting of the comunidade by a petition duly supported, mentioning clearly the reasons for it and signed by more than five components, or by three in the comunidades where the number of members is less than fifty. The petition may be made on ordinary paper; (5) To call for, by a letter addressed to the president, an extraordinary meeting the managing committee, by i ndicating the matter to be discussed. In case the president does not convene the meeting, they can appeal also by a letter addressed to the administrator, who shall decide as deems proper; (6) To consult, orally or in writing, the managing committee, in sessio n, about any matters that they feel to be of the interest of the comunidades, and to submit proposals, which shall be recorded in the minutes of the meeting; (7) To examine the income and expenditure sheets, the calculations for the auctions and its conditions, the final accounts, the record books and the account books of the comunidade and the extraordinary budget heads, at periods and the forms stipulated in this Code; (8) To appeal against the resolutions of the comunidade and of the managing committee and the o rders or decisions of the administrator and of the authorities and higher courts and, in general, to submit complaints on the matters which are of the interest of the comunidade; (9) To report the defalcation of funds of the ‗comunidade‘, the encroachment of its lands and other unlawful acts, as well as any misconduct or error of the employees and agents of the comunidades. 10 [Art. 27 ―The powers referred to in clauses 1 and 4 to 9 of the preceding article may be exercised through the attorney, legally constituted. However, for the purpose of paragraph 1of article 48 specific powers are required to be given. § 1.It is also permissible for each specific case to use, by way of declaration in writing, in a paper of any quality and format, with the signature attested by the notary or by the clerk of the respective comunidade, for the acts referred to in the body of this article. § 2.When a member does not know to sign, his declaration shall be made by the notary, drawn in the presence of two witnesses] -------15-------- Art. 28 The following persons are not permitted to participate in the deliberations of the comunidade: (1) The non-emancipated minors and the interdicts, 11[however may be allowed through their legal guardians;] (2) The debtors to the comunidade or the subrogatories13 of the latter, held as such, on whom notice for payment of debt on current account has been served; (3) Those who may have filed suits or have disputes with the comunidade, in the matter relating or connected with the same suits or disputes; (4) Those who have been barred from voting by a judgment that has become definite in cases provided for in this Code; (5) Those who are directly interested in the subject matter of the deliberation, or when any of their ascendant or descendant, spouse or relative, in the transversal line up to the 2nd grade, is interested in it. (6) The foreigners. § 1. 121. For the purposes of No. 1, the clerk of the comunidade shall make a note on the margin of the respective registration or inscription, mentioning the name of the legal representative or the minor or incapable person. This note may be made on verbal request of the interested party on presentation of a document proving the said representation, which may be cancelled based on the respective document submitted. And in either cases, the documents which have been presented shall be filed.] § 2. The provision of the No. 6 is not applicable in case of the descendents of the Portuguese subjects. Art. 29 – The following cannot be either voted for or appointed for the posts in the comunidade: (1) The shareholders, whose income in the comunidade, when the same is composed also of members by birth (zonnkars), is not, at least, equivalent to the minimum quota belonging to any of the zonnkars and, in the comunidades, exclusively comprised of shareholders, when the number of shares is greater than 500, those who do not possess, at least, five shares; (2) The non-emancipated minors and the interdicted; (3) Those who are indicted on the final judgment that has become definitive and those who have been sentenced for the crimes referred to in paragraph 4 of article 12, of Overseas Civil Services Statute (Estatuto do Funcionalismo Ultramarino); (4) The debtors to the comunidade or to subrog ees, of the later, held as such, against whom a suit or execution is pending or even against whom a note of payment of debt in current account has been served; (5) The employees of the cadre of the civil administration, the members and employees of the Adminis trative Tribunal and the subordinate officials to the administrator; (6) The relatives of the administrator up to the 3rd degree; (7) The members of comunidade of either sex who may not know to read or write -------16-------- and count in Portuguese; (8) The foreigners. § 1. The condition referred to in No.7 may be waived in the talukas of Ponda, Bicholim, Quepem, Pernem, Sanguem and Canacona, where voting or appointment shall be made of persons who have knowledge of Marathi, excepting, in regard to the post of president of managing committee, whose incumbent should have at least passed 4th standard of primary education in Portuguese language. § 2. The relaxation referred to in paragraph 2 of preceding article is applicable to the clause 8 of this article. SECTION II Powers of the comunidades Art. 30 – The comunidade shall: (1) Elect every three years the ordinary attorneys and its substitute, in the form provided in this Code; (2) Appoint a special attorneys, when necessary, or have their services dispensed with according to circumstances and the interests of the comunidade; (3) Opine on the statement of income and expenditure, the estimates for the ordinary and extraordinary auctions and their conditions, and on the finalisation of the accounts and the extraordinary budgets; (4) To deliberate on: a. The works and the extraordinary expenses to be incurred; b. The loans to be borrowed; c. Creation or abolition of
Excerpt shown. Open the full act in Lexace.