Bare ActsThe Code of Comunidades of 1961

Section 1

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The unmarried daughters: birth certificate or any other document substituting the same and of the death of her father, and certificate that he did not have any son, true brother of the applicant for inscription. Art. 186 – The clerk and the attorney of the comunidade, after verifying the authenticity of the documents, shall examine if the name of applicant‘s ascendant figures in the catalogue, and after finding it, they shall immediately do the inscription in the respective class. This provision shall be applicable to the widows and unmarried daughters mentioned in the preceding article. § 1. If the clerk of the comunidade and the attorney are not able to make the inscription on the day that the applicant presents the documents, the said clerk, keeping the same in his §possession, shall issue a receipt to the applicant, mentioning the number and the nature of the documents, and shall advise him to come on any first eight days of June of the respective year to collect the copy of the declaration of inscription or the documents with declaration of refusal, on returning the respective receipt to the said clerk. -------52-------- § 2. If the applicant does not satisfy the requirement to be inscribed, as per this article, the inscription shall be refused, handing over to him on the same act or on the day that may be fixed, in terms of preceding paragraph, a note giving grounds for refusal, written and dated by the clerk of the comunidade and signed by him and by the attorney. Based on this note the affected person may file an appeal to the administrator within the next ten days. § 3. If the attorney and the clerk do not agree with the inscription, as applied the matter will be resolved by the managing committee and, in this case, instead of the note of refusal, the applicant shall be given a copy of the respective minutes, mentioning the date of handing over issued by the clerk of the comunidade with which he may file an appeal to the administrator within the next ten days. § 4. The inscription made shall be displayed in the meetings hall during the first fifteen days of the month of June for the examination by the members. § 5. Any member may appeal to the administrator, within the period of ten days, against the inscription unduly done, requesting the exclusion of the inscribed person, and the administrator, after hearing the person concerned, the clerk of comunidade and the attorney and after attaching to the file the copy of the declaration of inscription and the document on which it was based, shall decide the matter according with the law. § 6. The power given to the clerk of the comunidade and to the attorney to do the inscription is restricted only to the cases when in the catalogue the name of father or grand-father of the applicant figures. Art. 187 – In cases not specified in paragraph 6 of the preceding article, application for inscription can be made at any time of the year to the administrator, who shall prepare the case file as per the procedure laid down in article 390 and following ones, with the intervention of the comunidade. Documentary evidence and, in its absence, judicial qualification may be accepted. Art. 188 – In case there is any objection against the inscription of any member, he may enjoy his rights and obligations as from the date when the decision becomes res judicata. Art. 189 – If the objection, in connection with the inscription, is upheld the interested party may lead further evidence in the same file or renew his application. Art. 190 – It is within the jurisdiction of the administrative tribunals to decide the questions relating to qualification or local stand of applicants seeking inscription but it is for ordinary court of law to decide all the questions involving third party or the comunidade either against the applicant or against member itself Art. 191 – The provisions of paragraph 1 of article 22 are applicable to the widows, orphaned sons and unmarried daughters of zonnkars, who under the terms of Articles 184 and 185, may have right to any part of zonn, annuity or pension. Art. 192 – After the inscription is done as per the model No. 6, a copy of the inscription document of the same, shall be given to the interested party, when applied by him. § 1. The inscription document shall contain the corresponding serial number, name, affiliation, age, place of birth, address and quality of the registered person and finally, the designation of the number of the bundle in which the documents are kept filed in the comunidade‘ or the reference to the book or public notary from where they were obtained. -------53-------- § 2. The inscription document shall be dated and signed by the clerk of the comunidade and the attorney, as well as by the member who had applied or by two witnesses when the applicant do not know to write. SECTION II Annual enrolment of zonnkar Art. 193 – Every year, during the period prescribed in the article 182, there shall be annual enrolment of zonnkar, as well as widows, sons and daughters who may have interest in the comunidade, as provided in Articles 184 and 185, upon production of their existence till the 30th day, inclusive, of the previous month of April. § 1. The following are competent to issue life certificates. The administrative board of village, (Junta de freguesia), functionary in charge of parish, (regedor), parish priest, consular agent, missionary and administrators of taluka and of comunidade. § 2. Instead of producing the certificate mentioned in the preceding paragraph the applicant himself may sign, within the period prescribed above and his signature may be certified by the Notary or by the clerk of the respective comunidade as well as by a declaration of the parents, spouse or son of the interested person or, in the absence of the same, by any member of respective comunidade, which declaration shall be drawn up before the clerk of comunidade, in the presence of two witnesses, who shall also be members of the comunidade. § 3. However, the necessity on production of the documents, referred to in the preceding paragraph, is dispensed with when the member appears personally which per se is sufficient for the registration, if he is known to the clerk or to the attorney of the respective comunidade or to two members who guarantee, on their own responsibility, based on the declaration signed by them, along with the interested person and which shall be filed. § 4. The annual enrolment shall be done in accordance with the model No. 7. § 5. The provisions of paragraphs 2 to 5 of article 186 shall apply to the annual enrolment. § 6. From the refusal to the annual enrolment, or its irregularity or omission or to the annual enrolment wrongly done, complaints and appeals, as established for the admission can be filed. Art. 194 – The zonnkar once primarily enrolled, who fails to take steps to get annually enrolled get registered for a particular year, cannot receive the income of his zonn in respect of that particular year, he can however receive that income in any other year in which he has been annually enrolled, provided the claim in enforceable. Sole § In the case foreseen in this article and also in the Article 187, the clerk of the comunidade shall set apart in the statement of the income and expenditure of the year of registration, the amount of the incomes accrued in order to be paid to the creditor zonnkar. Art. 195 – In the case of death of a zonnkar without having been registered, his duly qualified heirs, within the period of one year from the date of death, may receive the income accrued in the previous years, without prejudice to the provisions of paragraph 3 of Article 21. Sole § In this case the comunidade clerk shall, also proceed in terms indicated in the sole paragraph of preceding article. -------54-------- Art. 196 – The orphaned sons, unmarried daughters of the zonnkar and their widows shall not be able to make periodical enrolment in the year of the death of their parents or husbands if the latter died after receiving the income of zonn in respect of that year. Art. 197 – In the comunidade where there is a deficit, the registration of the member shall be made by the clerk of the comunidade, on his own initiative, and he shall inform, in writing, of the same to the interested persons, after observing the rules of this section. Art. 198 - By the 30th June each year, the clerk of the comunidade shall send to the administration office the primary enrolment and annual enrolment books for approval. SECTION III Inscription of share-holders Art. 199 – The inscription of share-holders, as prescribed in paragraph 1 of article 22, shall be done in the respective comunidade, by fulfilling the following:

Section 1 – The Code of Comunidades of 1961 | DailyLaw.ai