PANAJI
The recent amendment to The Goa Legislative Diploma No 2070 (Amendment) Bill, 2023, which controversially paves way for government interference in private committees, has raised concerns among experts who argue that stakeholders were not consulted before making such a decision.
This move has sparked fears of undue government interference and a lack of transparency in decision-making processes into the affairs of the comunidades.
President of the Comunidade de Margao Advocate Savio Correira alleged that the government hurriedly passed the Bill without consulting the comunidades despite scope for proper study.
“I am disappointed with the passage of the Code of Comunidades Amendment Bill. Comunidades are private bodies whose affairs and day-to-day management are run by elected Managing Committees. The Government only has “administrative tutelage.”
No doubt the Legislative Assembly has the power to amend the law, but it ought to have been done after taking the true owners and stakeholders of the Comunidades into confidence,” he said.
President of the Comunidade of Guirim and member of erstwhile Comunidade Commission Tulio de Souza shared a similar opinion stating that neither amendments were circulated to the comunidades nor approved at the comunidade convention under Article 652.
“The current amendment to suspend the Managing Committee is bound to be misused to ease out an inconvenient committee,” he added.
Correira joined him to state that none of the amendments were so urgent that a delay would have prejudiced the comunidades. The Bill, he suggested, could have been referred to the Comunidade General Assembly under Article 652 and brought for passage in the next session.
“There is still a chance for the Government to do it,” he said.
Amendments to Article 70 (i) of the Principal Code of Comunidade states, “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.”
In another amendment among others, Article 334-C has been invoked giving 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. To this, Souza slammed that the amendment is very arbitrary and contrary to the letter and spirit of the Comunidade code.
Former Minister Sadanand Malik too expressed his disappointment alleging potential misuse of power by the government, which could lead to conflicts of interest and erosion of trust between the respective institutions.
“All the amendments now made are with only objects of gaining control over comunidades and to grab their land and properties. Even in past the Assembly has passed Bills on comunidades with the same intention. When any new Bill is passed or amended there exist some financial implications to the government with very few exceptions. But in the case of all the amendments made to the Code from 1984 till now, there has not been any financial expenditure to the government. This implies that the government is robbing the wealth of comunidades which are self-sustaining,” he said.
Strongly condemning dismantling the comunidades, Malik further said that he “hopes” repeated amendment of the Code to humiliate Goans will not be a first step in the disintegration of India that united in 1961.
The experts also argue that instead of making the comunidade a special purpose vehicle to foster and develop the fast declining agriculture and depleting agricultural produce in the State, the government seems to be engaged in a development strategy much contrary to its utterances on improving agriculture.
“It is surprising and totally distressing that amendments are only brought to deprive comunidades of their assets and dilute their autonomy whereas we look forward to need-based reforms to strengthen these ancient village agricultural cooperatives and make them vibrant. The Government is not doing anything about the reckless and indiscriminate land-filling going on and lacks the will to tackle such illegalities”, Souza lamented.
