The Goa Legislative Diploma No 2070 (Amendment) Bill 2023, when passed, will allow the State government to mediate directly into the affairs of the Comunidade, giving itself sweeping powers that will eventually strengthen its stranglehold over the age-old institution.
The amendment to Article 70 of the Principal Code of Comunidade makes it very evident. The amendment to Article 70 (i) reads: "Provided that during the pendency of such inquiry (over the dissolution of an elected part of a committee), the government may, if it found expedient, suspend such committee and appoint an Officer of the government to take charge of the affairs of such Comunidade till the completion of such inquiry."
What is the need for the involvement of a government official when Comunidades have a team of elected substitutes for the President, Treasurer and Attorney who can quickly fill the vacuum whenever it arises? Currently, the elected part of the committee can only be dissolved by the Governor-General after conducting an inquiry in which it is proved that its performance was against the interests of the Comunidades. Appointing a government officer instead of any of the elected 'substitutes' means that the Comunidade will lose control until the inquiry is complete.
Insertion of Article 334-C now gives the State government consent to lease out Comunidade land for public projects undertaken by a government department, government undertaking or any statutory body for any period which it deems fit. Article 339-A allows the Comunidade to hand over land to a private agency for development through the auction process subject to the government's approval so that it can grant sub-divided plots of land as per provisions of the Code. The operative word here is "subject to the government's approval."
Article 339-B states that immovable properties belonging or vesting in the Administrators of Comunidades in North, Central, and South Zones shall be considered public premises as per the provisions of the Goa Public Premises (Eviction of Unauthorised Occupants Act, 1988 - Goa Act No 22 of 1988). This again raises suspicion of the government trying to seek ownership of such properties.
The government has been proposing changes to the Comunidades periodically; some aimed to positively impact the institution, while others aimed at seizing control. A few well-intentioned amendments suggested in July last year include transferring the joneiro (zonn) rights to women as an inheritance from a deceased male member in the family and empowering the government to dismiss 'rogue managing committees' and the power to set election procedures. However, these were among the other two changes that sought to empower the government to take possession of Comunidade land for projects without consent, giving itself the power to legalise encroachments.
The current Bill also has a similar mix of good and bad. It states that the government seeks to streamline the election process of Comunidade's managing committee, provide for land development by a private agency and effectively regulate the process of land grant by Comunidades. However, the fine print of the amendment tells a different story.
Comunidade is an age-old institution spread across various dynasties in Goa. The members have to be taken on board and consulted before proposing changes to their functioning. Moreover, piecemeal changes only create a suspicion of vested interests. The government cannot mediate to usurp powers but should strive to streamline and strengthen the institution of Comunidades.
