PANAJI
Barely had the dust settled on the controversial The Goa Legislative Diploma No 2070 dated 15-4-1961 (Amendment) Bill, 2023, a fresh debate erupted as another amendment to the very same amended Bill was simultaneously passed on the concluding day of the legislative assembly last Friday.
The amendment, which deals with the sale of comunidade land to ‘landless children’ of shareholders “ most of whom are non-natives “ without auction, has sparked renewed discussion on the implications of such transactions in the State.
Tabled by MLA Ganesh Gaonkar, amendments of Clause 6 and Clause 7 were either skipped or deliberately overlooked.
President of Margao Comunidade Advocate Savio Correia lamented that it is the most dangerous amendment, which ought to have been discussed on public platforms before introduction and its passing in the House.
“The content and impact of "amendment to the amendment" of the Comunidade Code exposed by a political party today took me and many of my colleagues by surprise. In my understanding, it seeks to enable children of components (shareholders) to be allotted comunidade land for housing purposes without auction basis. To me, this is a dangerous step since the shares are transferable and non-Goans in particular would be eligible to grant Comunidade land,” he said.
The advocate suggested that its ramifications have to be carefully studied and the rights of “Gaunkars” and Goans at large must be protected at all costs.
“This is all the more reason why the Bill needs more diligence before it is forwarded to the Governor for assent. A way out would be to refer the Bill to the Comunidade Convention under Art 652 and re-introduce it in the next session in line with inputs received,” he added.
As explained, in any comunidade, there are two types of members, namely, the "Gaunkars" (or joneiros) and the shareholders. By and large, both have equal rights in so far as holding office as a comunidade is concerned. Out of the profits of a comunidade, the Gaunkars receive what is known as a "zonn", while the shareholders receive a dividend. The formula for such apportionment depends on the private law of each comunidade.
Political leader Trajano D’Mello said the ‘very confusing’ amendment contains the word “components” that also includes shareholders. “The Bill already consists of other parts of the amendment moved by MLA Ganesh Gaonkar. Is the word “components” being used to bring shareholders at par with Gaunkari's (Joneiros)? If so, such an attempt will extinguish the land bank of all the comunidades before the government completes its terms, as shares are transferable and Gaunkari is not transferable,” he apprehended.
Another noted lawyer Advocate Cleofato Coutinho demanded the introduction of proper rules over the sale of Comunidade land. To another clause over “long lease”, he interpreted that it means the property is practically lost by Comunidade. “The government must acquire the land, if required, at a market price under the acquisition laws,” he added.
Former minister Sadanand Mlaik pointed out the alleged hatred by the legislators towards Gaunkars by ensuring they do not obtain a plot for a house in the village co-owned by him. “All the amendments now made are with only objects of gaining control over comunidades and to grab their land and properties,” he alleged.
He also asserted that the Code of Comunidade is not the enactment of the National Assembly of Portugal which can be amended by the State Assembly or Parliament. Even otherwise when any law is amended, it is to remove the hurdles in the execution of the law.
“Looking at the present amendments it is apparent that the amendments are to either manage the administration through the back door or to appropriate the land of the comunidades,” Malik said.
