PANAJI
A bill proposing amendments to the Code of Comunidades was introduced in the State Assembly on Tuesday.
Broadly, the amendment seeks to amend six provisions of the Code of Comunidades (Legislative Diploma no. 2070 dated 15/04/1961).
A new Article 41-A is being inserted and under this provision, any member of the Comunidade who is involved in litigation with the Comunidade with respect to a land claim is deemed to have vacated office from the date of filing of the suit and is barred from contesting elections to the Comunidade body.
A member who has encroached on Comunidade land is barred from holding office (contesting elections) in the Comunidade or ceases to hold office from the date of the order passed by the competent authority.
A stay on the competent authority’s order will not bring relief to such member.
A new Article 181-A is being inserted and under this provision, Comunidades that do not convene for the triennial election shall be placed under an officer not below rank of Mamlatdar who shall act as its custodian for the 3-year term and exercise the powers of the managing committee. The new article also gives the right to an aggrieved member to prefer an appeal against the appointment of the custodian before the Administrator.
The new Articles 316-A to 316-I enable the conduct of commercial festivals and non-commercial events on Comunidade land and sets out the procedure that is required to be followed in a time-bound manner on receipt of an application. It includes approval of the General Body of the Comunidade and fixation of the licence fees not below the rates fixed by the Government.
Article 326 is being amended to include construction of commercial and commercial-cum-residential projects as well. The extant provisions only permit grant of land for construction of houses.
A new Article 334-D is being inserted and under this provision, if any grant of land made to any religious institution gratis and the land is held legally by such religious institution for more than 50 years, then such land shall stand vested with the religious institution absolutely and the Comunidade shall be divested of its rights with respect to the said land.
A new Article 337-A is being inserted and under this provision, an allottee who has been granted the land on auction can redeem the entire “foro” (ground rent) in a lump-sum upon taking provisional possession. On payment of the amount, the final possession will be given to the allottee.
At present, final possession is granted only after utilisation of the plot for the specific purpose within four years, where after redemption of ‘foros’ can be done.
