Govt constitutes panel to study comunidades-ToI

Govt constitutes panel to study comunidades TNN | Apr 8, 2013, 12.16 AM IST PANAJI: The state government has constituted a five-member comunidade commission headed by the revenue minister to study and suggest measures for revitalizing the age-old bodies, and also to fix responsibility for irregularities by administration offices. The panel has been formed under Article 652 of the code of communidade and an order passed by the High Court of Bombay at Goa, in connection with a writ petition under Article 226 of the Constitution of India. The panel will study the functioning and organization of the administration offices and evolve ways to streamline comunidades. Non-functional bodies will be identified for possible liquidation or merger as per the law. Goa has a total of 223 comunidade bodies in north and south Goa, but many have ceased to function. As the comunidade bodies have been involved in irregularities, the panel will also fix accountability for the illegal and irregular acts committed by the administration offices over the years. While the revenue minister will act as the convener, Antonio Bonifilio Branganza will serve as co-ordinator, and Augusto Monterio, Savio Correira and Tulio D'souza as members, with M S Usgaonkar and Egipsio Noronha Rodrigues as advisors. The commission will have to submit its final report to the government within a period of one year of its first meeting. http://timesofindia.indiatimes.com/city/goa/Govt-constitutes-panel-to-study-comunidades/articleshow/19434459.cms

Govt to form comunidade commission -ToI

TNN | Feb 17, 2013, 02.14 AM IST PANAJI: Deputy chief minister Francis D'Souza, who also holds the revenue portfolio, confirmed that a decision for constituting a comunidade commission has been taken. The commission will look into various aspects of the comunidades. "The commission will study various aspects of communidades and submit a report within a certain time framework," he said. Some communidade bodies had gone to the high court demanding that a commission exclusively for comunidades be constituted. The petition was disposed off after government decided to constitute a commission and accordingly informed the high court. One of the important demands by the comunidade bodies was that comunidade code must be translated in English. The deputy chief minister said it has already been translated and also been notified. A senior high court lawyer M S Usgaonkar has translated the comunidade code. D'Souza said issues of comunidades, which have remained unaddressed for too long need to be addressed, and he has had consultation with them. The name of Francis Braganza, an advocate, has been finalized for the post of commissioner. The commission will have two-three members in addition to two advisors on the board. The commission would handle an assortment of issues plaguing comunidades. Most important being encroachment on comunidade lands, acquisitions by government, matters relating to its properties at prime locations. Some comunidade buildings are located at prime places in Panaji, Margao and Mapusa. Yet, comunidade administration has not been able to sustain itself and have to rely on government for funding. There are also disputes among comunidades that need to be resolved. The commission would be a forum that will address those issues. Another contentious issue is about procedures relating to appointment of staff and their salary structure. "There are constant complaints from comunidade staff about salaries not being paid on time," said an officer in the deputy chief minister's office. Also, election in communidades have also been a source of controversy with allegation of irregularities in elections. http://timesofindia.indiatimes.com/city/goa/Govt-to-form-comunidade-commission/articleshow/18536456.cms

Serula Gaunkars elect new panel -Herald

January 22, 2013 PORVORIM: Defying order of the North Goa collector to postpone the elections, the Gaunkars of Serula Comunidade elected their new managing committee on Sunday. The Gaunkars of the Serula Comunidade had gone to the Gadge Maharaj hall at Porvorim and found the doors of the hall closed and a notice by Collector R Mihir Vardan displayed on the door. The notice stated that he has postponed the elections of Serula Comunidade as there were allegations about serious anomalies in the records maintained in the comunidade and other irregularities. Terming collector’s order as a “violation of the Code of Comunidades”, the Gaunkars went ahead and elected their new managing committee in defiance of the order of the collector. A senior Gaunkar, Edgar Pinto, presided over the meeting in the absence of any members of the outgoing managing committee. The Gaunkars unanimously elected the new managing committee at the end of the meeting, after inviting nominations, by show of hands. The Gaunkars elected on the new managing committee are Antonio Lobo (president), Eurico Mascarenhas (attorney), Norman Albuquerque (treasurer), Melchier Pinto do Rosario (substitute president), Edgar Pinto (substitute attorney) and Cyrus Sanches (substitute treasurer). In a press note, Gaunkar, Sigmund de Souza, stated that if there were any complaints about irregularities in the Serula Comunidade, it should have been dealt in accordance with and within the time limit set by the Code of Comunidades. “There is no provision in the Code to cancel elections once notified by the Administrator. The Gaunkars also voted that all shares that were not transmitted by succession/inheritance should be declared void ab initio,” states the press note. “This resolution was necessary due to the entry of non-Goans and other persons who were detrimental to the interest of the Serula Comunidade through the shareholders list,” added the press note. The Gaunkars also resolved to cancel the membership and Zonno of three persons, whom they said were not Gaunkars of their Comunidade and had entered their names in the Gaunkars’ register by fraud, adds the press note. The newly elected managing committee will meet Governor and Administrator of Comunidades of North Goa to request them to accept the democratically elected choice of the Gaunkars, failing which they will be forced to seek legal action. http://heraldgoa.in/News/Local%20News/Serula-Gaunkars-elect-new-panel/69753.html

Communidade Controversy -Herald

Communidade Controversy Sunday’s move by the gaunkars of the Serula Communidade ~ going ahead and conducting elections to elect a managing committee in violation of the Collector’s order ~ will only provide the government the opportunity to interfere in the functioning of this centuries old institution. The nature of response of the agitated gaunkars was on expected lines and the outcome of their action too is now predictable ~ the authorities will probably term the so-called elected body illegal, compelling the newly elected committee to approach the courts, which would eventually most likely end with the appointment of an administrator. This is all too often seen and repeated, so much so that in spite of past experience, leaders of communidades have failed to come up with effective alternatives to counter “interference” from non-communidade power centers. So, what were the motivating factors for the Collector to instruct that scheduled elections not be held? Whatever they may have been, it is clear that the communidade code offers no such provision, unless, of course, there is a major calamity. The directions were notified to the office of the communidade reportedly at the eleventh hour, which means there was no way to communicate the decision to voters. This sequence of events has, in fact, often been a ploy adopted by politicians of various hues seeking to corner control of communidades. In the case of Serula, the suspicions being voiced is that two legislators are reportedly seeking to hold sway in the management of the communidade. Cancellation, even postponing elections, actually offers these politicians more time for manipulation. We would not be surprised if allegations of "horse-trading" of pliable gaunkars besides including of ineligible "half-gaunkars" in the voting list follow. Serula Communidade is one of the richest in the State. And this is precisely why politicians are eying it. This is not to say that managements of communidades ostensibly devoid of political interference have no shortcomings. Far from it. There have been instances where gaunkars who profess to swear by all things Goan have been responsible for selling communidades land to the highest bidder. The manner in which so-called Goans have sold Goa on a platter and cornered prime plots, even abused their political clout to illegally launch business enterprises on prime communidade land makes for a sorry tale. There have been instances too of how members in management committees scout for investors willing to come up with institutional projects so they can dish out large tracts of land with the sole objective of payoffs to be shared down the line. The story is akin to the 1980s and 90s when industrialists were welcomed to set up shop in Goa and communidade land dished off to industrial projects with government virtually playing land broker. Over the years, communidades have emerged as a milch cow for both the managing committee members as well as politicians. Even honest members who are projected as presidents usually end up succumbing to the "pressure" exerted by fellow members. In bygone years, it had been an avenue to reap vote banks ~ wherein the immigrant labour force was given false hope of free plots for housing, but these shanties were demolished once elections were over, leaving them homeless and devastated. Goans who applied for plots of land were routinely denied plots which were usually awarded to the highest bidder. The greater tragedy is the inability of governing councils to examine ways and means to augment revenue for this age-old institution and ensure that the beneficiaries are gaunkars. http://heraldgoa.in/newscategory/Edit/15

Minister's kin eyes Serula comunidade, poll deferred again - ToI

TNN | Jan 20, 2013, 02.49 AM IST MAPUSA: The government, at the last moment, has cancelled the election to Serulacomunidade scheduled for Sunday even as it will conduct polls of other comunidade bodies. Gaunkars and share holders who were readying to cast their vote on Sunday were left disappointed as the election has been deferred once again. In the past, senior politicians have shown interest in Serula comunidade polls for obvious reasons. And sources say, this time, it is no different and that is perhaps, one of the reasons why the elections have been deferred. Sources said that a minister's brother has taken keen interest in the poll and is attempting to control the comunidade. On the Porvorim plateau itself, several commercial establishments including some along Chogm road are in comunidade land. A gaunkar said that an influential person who was allotted a small space is running a construction material business on the site. While Congress leader Dayanand Narvekar and others used to take control of the comunidade in the past, now politicians of the ruling party, notwithstanding their statements to keep politics out of such organizations, are busy to wrest control of the body, sources said. Addressing a press conference in Mapusa on Saturday, the gaunkars of the Serula comunidade informed that the election was initially to be held on December 2, which was postponed to December 20 by the administrator. Later, the elections were fixed for January 20. It is now postponed with no fresh date given for the elections. "The order was issued on Thursday by the administrator that the elections will be held on January 20. On Friday, a fresh order was issued stating the elections are postponed without explaining any reasons for the postponement," said Joseph Pinto, who is contesting the election for the first time. "There is a fear and anxiety in the minds of the gaunkars of the Serula comunidade as to why the officials are playing hide-and-seek in holding the election. The chief minster should intervene and resolve the issues," Pinto said. "We want the elections to be held peacefully as per the Code of the comunidades. We heard that some are recontesting the elections but as per the code's Article 50, sitting representative cannot contest the election again," said Denis D'Souza, a gaunkar. "We want transparent elections to be held. Our main contention is why the delay in holding the elections. Reasons should be explained, and we want the elections to be held via secret ballot paper and not through the show of hands," D'Souza said. Serula comunidade comprises the villages of Socorro, Salvador do Mundo, Penha da Franca and Ecoxim part of Pomburpa. http://timesofindia.indiatimes.com/city/goa/Ministers-kin-eyes-Serula-comunidade-poll-deferred-again/articleshow/18095533.cms

Postponement of polls angers Serula gaonkars - Herald

January 20, 2013 PORVORIM: The government’s decision to postpone elections to the Serula Commundade, which were scheduled for January 20, has angered many gaonkars of the communidade. Addressing a press conference at Guirim on Saturday, Joseph Pinto stated that the collector had issued the order on Friday stating that the Serula Communidade election to be held on Sunday had been cancelled, but had not assigned any reason. “This is the second time the government has postponed the election, after elections were earlier scheduled on December 2, 2012. The state government is playing with the sentiments of the Gaonkars,” said Pinto. He also criticised the government for planning to conduct elections by a raise of hands. “There are about 6,000 gaonkars and 500 shareholders. It is not possible to count the hands. We strongly oppose the conduct of election by a raise of hands and we insisted that election must be held by a secret ballot,” he added. Another gaonkar, Dennis D’Souza, added, “The collector should also give reasons for delaying the elections. The communidade belong to the gaonkars and let gaonkars handle the affairs of the communidade. The government should not interfere in it,” said D’Souza. When contacted, the Administrator of Serula Communidade Irene Sequeira explained that the election had been cancelled because of a court matter. The collector will announce a fresh date for the election as soon as the court matter is resolved,” said Sequeira. http://www.heraldgoa.in/News/Local%20News/Postponement-of-polls-angers-Serula-gaonkars/69666.html

'Khazan devpt board will spell comunidade's doom' -ToI

'Khazan devpt board will spell comunidade's doom' By Paul Fernandes, TNN | Dec 11, 2012, 06.04 AM IST PANAJI: The constitution of the Goa khazan land development board is likely to drive the last nail in the coffin of age-old comunidades, already drifting towards extinction due to loss of its lands and functions, fear activists. "The formation of the board appears to be for the purpose of grabbing not only comunidade land but also water-logged land owned by others along river banks," says association of components of comunidades secretary Andre Pereira. The association is fighting to save the institution of comunidades. Evolved on the concept of sharing of land by communities much before the advent of the Portuguese, the state once boasted 223 comunidades. Gradual loss of land for public utility projects and encroachments has seen the number dwindle to 123 bodies across the state. "The activities of comunidades have come to a halt and there is no zono or dividend for members as no revenue is generated," Pereira said. The community-based sharing of land is the highest form of land ownership, says Abhijit Prabhudesai of Goenchea Xetkareancho Ekvott. "It is fulfilling and gives one a sense of freedom when they walk on the bunds in khazan lands," he said. Stakeholders foresee radical changes in the institutional setup of comunidades, which they say even the Portuguese acknowledged and provided space to function. "The acquisition of community owned lands and replacement of the age-old structure is in violation of this hoary principle and will take away the sense of security enjoyed by Goan communities in the past," Prabhudesai said. Comunidade leaders have raised apprehensions about the fate of comunidades after the bill is enacted. "The government should think of ways to utilize khazan lands to productive use," Calapor comunidade attorney Mariano Araujo said. As per Articles 5 and 648 of code of comunidades, the state is under statutory obligation to provide guardianship and to restore the centuries-old comunidade system. The involvement of the political class, bureaucrats and non-representation to farmers or comunidade members spells doom for comunidades. "They will only remain on paper, but comunidades will lose control over their lands as agricultural land was the last parcel of land they possessed," Pereira said. Prabhudesai said a decision affecting the lives and livelihoods of thousands of Goans should have been discussed through a participative process. "It was a system which had proved to be successful for thousands of years, except for the recent collapse after liberation," Prabhudesai said. The draft of the board act should have been circulated to gram sabhas, tenants associations and comunidade bodies, feel activists. "They are the custodians of the local land and it should have been put up for discussion at their level," council for social justice and peace (CSJP) executive secretary Fr Savio Fernandes said. A water resources department official allayed apprehensions raised by stakeholders, stating that the draft act has been kept for suggestions from the public. "It is yet to be approved by the cabinet and introduced in the assembly as a legislation," the official said. Justifying the setting up of a body dedicated to the restoration and maintenance of dykes, the official said it was a long-felt requirement to protect khazan lands. "Half of the khazan lands in Goa are in a state of submergence and neglect," the official said. Denying that the act will be adopted fully, the source said, "The government will surely consider the people's views before taking a final decision." http://timesofindia.indiatimes.com/city/goa/Khazan-devpt-board-will-spell-comunidades-doom/articleshow/17565967.cms Gaunkars put govt on notice Letter says comunidades independent entities TEAM HERALD teamherald@ herald- goa. com PANJIM: The Goan Gaunkary Movement, an organisation fighting the rights of the comunidades has shot off a letter to the Chief Engineer of the water resources warning him that none of the provisions of the Goa Khazan Land Development Board Act, 2012 currently a bill, should infringe on the areas coming under comunidades which are entities independent of the State. “ The private laws of the village communities of Goa enshrined in the Code of Comunidades enjoy full protection under the Constitution of India for all legal purposes. http://www.epaperoheraldo.in/epapermain.aspx?queryed=9&eddate=12/12/2012