Section 4

Amendment status not verified — confirm the current text below against the official source.

The provision of this article and its paragraphs shall be applicable to the pensions dealt with in the article 202. Art. 26 – The following are the powers of the members of the comunidade: (1) To intervene, discuss and vote in the meetings of the comunidade, and record any protests in the minutes of the meeting; (2) To be elected or appointed for the posts of the comunidade; (3) To make up for the deficit; (4) To request the president of the managing committee to convene a meeting of the comunidade by a petition duly supported, mentioning clearly the reasons for it and signed by more than five components, or by three in the comunidades where the number of members is less than fifty. The petition may be made on ordinary paper; (5) To call for, by a letter addressed to the president, an extraordinary meeting the managing committee, by indicating the matter to be discussed. In case the president does not convene the meeting, they can appeal also by a letter addressed to the administrator, who shall decide as deems proper; (6) To consult, orally or in writing, the managing committee, in session, about any matters that they feel to be of the interest of the comunidades, and to submit proposals, which shall be recorded in the minutes of the meeting; (7) To examine the income and expenditure sheets, the calculations for the auctions and its conditions, the final accounts, the record books and the account books of the comunidade and the extraordinary budget heads, at periods and the forms stipulated in this Code; (8) To appeal against the resolutions of the comunidade and of the managing committee and the orders or decisions of the administrator and of the authorities and higher courts and, in general, to submit complaints on the matters which are of the interest of the comunidade; (9) To report the defalcation of funds of the ‗comunidade‘, the encroachment of its lands and other unlawful acts, as well as any misconduct or error of the employees and agents of the comunidades. 10 [Art. 27 ―The powers referred to in clauses 1 and 4 to 9 of the preceding article may be exercised through the attorney, legally constituted. However, for the purpose of paragraph 1of article 48 specific powers are required to be given. § 1.It is also permissible for each specific case to use, by way of declaration in writing, in a paper of any quality and format, with the signature attested by the notary or by the clerk of the respective comunidade, for the acts referred to in the body of this article. § 2.When a member does not know to sign, his declaration shall be made by the notary, drawn in the presence of two witnesses] -------15-------- Art. 28 The following persons are not permitted to participate in the deliberations of the comunidade: (1) The non-emancipated minors and the interdicts, 11[however may be allowed through their legal guardians;] (2) The debtors to the comunidade or the subrogatories13 of the latter, held as such, on whom notice for payment of debt on current account has been served; (3) Those who may have filed suits or have disputes with the comunidade, in the matter relating or connected with the same suits or disputes; (4) Those who have been barred from voting by a judgment that has become definite in cases provided for in this Code; (5) Those who are directly interested in the subject matter of the deliberation, or when any of their ascendant or descendant, spouse or relative, in the transversal line up to the 2nd grade, is interested in it. (6) The foreigners. § 1. 121. For the purposes of No. 1, the clerk of the comunidade shall make a note on the margin of the respective registration or inscription, mentioning the name of the legal representative or the minor or incapable person. This note may be made on verbal request of the interested party on presentation of a document proving the said representation, which may be cancelled based on the respective document submitted. And in either cases, the documents which have been presented shall be filed.] § 2. The provision of the No. 6 is not applicable in case of the descendents of the Portuguese subjects. Art. 29 – The following cannot be either voted for or appointed for the posts in the comunidade: (1) The shareholders, whose income in the comunidade, when the same is composed also of members by birth (zonnkars), is not, at least, equivalent to the minimum quota belonging to any of the zonnkars and, in the comunidades, exclusively comprised of shareholders, when the number of shares is greater than 500, those who do not possess, at least, five shares; (2) The non-emancipated minors and the interdicted; (3) Those who are indicted on the final judgment that has become definitive and those who have been sentenced for the crimes referred to in paragraph 4 of article 12, of Overseas Civil Services Statute (Estatuto do Funcionalismo Ultramarino); (4) The debtors to the comunidade or to subrogees, of the later, held as such, against whom a suit or execution is pending or even against whom a note of payment of debt in current account has been served; (5) The employees of the cadre of the civil administration, the members and employees of the Administrative Tribunal and the subordinate officials to the administrator; (6) The relatives of the administrator up to the 3rd degree; (7) The members of comunidade of either sex who may not know to read or write -------16-------- and count in Portuguese; (8) The foreigners. § 1. The condition referred to in No.7 may be waived in the talukas of Ponda, Bicholim, Quepem, Pernem, Sanguem and Canacona, where voting or appointment shall be made of persons who have knowledge of Marathi, excepting, in regard to the post of president of managing committee, whose incumbent should have at least passed 4th standard of primary education in Portuguese language. § 2. The relaxation referred to in paragraph 2 of preceding article is applicable to the clause 8 of this article. SECTION II Powers of the comunidades Art. 30 – The comunidade shall: (1) Elect every three years the ordinary attorneys and its substitute, in the form provided in this Code; (2) Appoint a special attorneys, when necessary, or have their services dispensed with according to circumstances and the interests of the comunidade; (3) Opine on the statement of income and expenditure, the estimates for the ordinary and extraordinary auctions and their conditions, and on the finalisation of the accounts and the extraordinary budgets; (4) To deliberate on: a. The works and the extraordinary expenses to be incurred; b. The loans to be borrowed; c. Creation or abolition of medical posts, extension of the period of its duration and maintenance of the same, as well as the creation or abolition of any services or charges of permanent nature; d. Introduction of the non-saline and saline water in the khasanas – ‗casanas; e. Acquisition of lands; f. Emphyteusis, sale or exchange of land; g. Institution, admissions, withdrawal and compromise of civil suit;13[ Institution of civil suit or other legal proceedings;] 14[(gg) admissions, withdrawal or compromise of any civil suit or other legal proceedings;] 15[(ggg) granting no objection certificate for access to any plot of land or license to use any land belonging to the Comunidade for any commercial event.]. h. Extension of time granted for utilization of land granted on emphyteusis; i. About the grant of rebate (quita) to the leaseholders; j. And in general, about all the extraordinary acts not provided for in the statement of income and expenditure or in the provisions of this code, as well as relating to any matters about which the opinion is called for. (5) To appoint and dismiss peons or criers, determining their rights and obligations. Art. 31 – The deliberations referred to in Nos. 1 and 2 of the preceding article are -------17-------- executable immediately; Sole § The deliberations referred to in clauses (a) to (f) and (h) to (j) 16[gg]to (j) of No. 4 of preceding article shall be devoid of any enforce ability without the approval of the 16[Government]., without prejudice to the consultation with the Directorate of Health Services regarding creation of medical posts. 17[Article 31-A.— (1) Notwithstanding anything contained in this Code, the Goa Town and Country Planning Act, 1974 (Goa Act 21 of 1975), the Goa (Regulation of Land Development and Building Construction) Act, 2008 (Goa Act 6 of 2008), the Goa Land Development and Building Construction Regulations, 2010, the Goa Municipalities Act, 1968 (Goa Act 7 of 1969), the Goa Panchayat Raj Act, 1994 (Goa Act 14 of 1994), the City of Panaji Corporation Act, 2002 (Goa Act 1 of 2003) or any other relevant law for the time being in force, any land belonging to the Comunidade if granted for certain purpose either by way of sale or lease or emphyteusis or leave and license, shall not be used for any other purpose except for the purpose for which the land was so granted. (2) If any such land granted by the Comunidade for certain purpose/use is put to any use other than for which it was granted, such land shall be reverted back to the concerned Comunidade in the manner hereinafter specified. (3) The Administrator of Comunidade after ascertaining the position thereof issue a show cause notice, to the grantee/allottee and/or any other person found to be in possession of such land. The Administrator of Comunidade shall after considering the reply filed by the grantee/ allottee and such person to the show cause notice and after hearing oral arguments, if any, pass an order of reversion of such land in favour of the Comunidade with approval of the Government. (4) The Administrator of Comunidade, during the pendency of the proceedings before it shall pass an order restraining the change of use of such land for any purpose other than the purpose for which the land was so granted. On passing such order by the Administrator of Comunidade, no authority including Town and Country Planning Department, Planning and Development Authority, Municipal Council, Village Panchayat or City of Panaji Corporation shall issue any permission/clearance/approval/No Objection Certificate for such land.]. Art. 32 – The creation of expenditure of permanent nature or of any extraordinary expenditure for the purposes, other than relating to the comunidade, may only be voted by two-thirds of the share capital. § 1. When the comunidade, duly convened, for two successive times, does not meet so as to meet the requirement of two-thirds of its share capital, the expenditure can be voted for the third time, as per ordinary procedure prescribed in this Code, and with consent of the twenty majors shareholders of the comunidade, when such members exist. § 2. The members of the comunidades, who contribute for the construction, reconstruction or repair of the cemeteries shall pay, not more than two-thirds of the ordinary burial charges. SECTION III -------18-------- Meetings of the comunidades Art. 33 – The comunidade shall have four ordinary meetings per year, and extraordinary meetings, as and when necessary. § 1. The ordinary meetings shall be held in the first fortnights of March, April, May and December; each of them shall be preceded by an announcement by beat of drums, through different wards of the village, and by notices affixed on the doors of the meetings hall and of the temples of any religion existing in the village. § 2. The extraordinary meetings shall be convened by order of the president of the managing committee, with beat of drums and announcements in the same form as per the preceding paragraph, by making known in these notices, express and clearly the matter or matters to be dealt with. § 3. Whenever the subject referred to is the one of clauses of No. 4 of article 30 and article 77, the notice of meeting shall be published in the Official Gazette and, at least, in one newspaper, if any, existing in the respective taluka, no less than fifteen days in advance, in addition to the announcement by way of beating of drums and public notices, as prescribed in the preceding paragraph, though the subject ought to have been to be discussed and voted in an ordinary meeting. § 4. All the meetings of the comunidade shall be held in the respective villages, in the building designated for this purpose, the same however may be held in the headquarters of the administration office or in any other place, when the Governor-General, for special reasons, so determine. § 5. In the extraordinary meetings, only the subject or matters that may have been expressly announced, may be dealt with. § 6. The deliberations taken in contravention of the preceding paragraphs are null and void. Art. 34 – The comunidade may deliberate when 25 of its members, with the right to vote, are present personally 18[or by their proxy] in the comunidades having more than 100 members; 15, in which there are more than 50 and less than 100; 9, those having more than 25 and less than 50; and 5 having less than 25. § 1. However, the comunidade may be considered as constituted and may deliberate with the number of members less than indicated in this article, when the members present are more than one-third of its share capital. § 2. Save in the cases referred to in paragraph 1 of article 32, the president of the managing committee shall not consider the comunidade as duly constituted, if there may not be represented in it, at least two-thirds of its share capital, in cases provided in this Code. In this case of irregular meeting, those present shall be responsible for the loss and damage that the comunidade may suffer and the deliberation or deliberations taken shall be null and void. Art. 35 – The deliberations of the comunidade are to be taken by absolute majority of the votes by the members present, personally 19[or by their proxy,or even ,by the declaration of -------19-------- vote.] . Sole § In cases where the voting is done by representation of the share capital, the deliberations shall be taken by absolute majority of such representation. Art. 36 – In cases foreseen in clauses (a), (b), (c), (g), (i) and in the first part of clause (j) of clause 4 of article 30 and, in general in all the matters that may relate to extraordinary incomes and expenditures and to the sale or exchange of the land of the comunidade, the voting on the respective deliberations shall be done by the system of the representation of share capital. Art. 37 – The sessions of the comunidade are public and are chaired by the president of the managing committee or his substitute and, in the impediment of both, by the eldest member, the minutes being drawn by the respective clerk. § 1. When more than one comunidade or of its respective managing committee meet, in a joint session, to deal with the matters of common interests, the president of managing committee, designated by the administrator, shall preside, and in this case, the clerk of the same comunidade shall act as the clerk who shall write the minutes in the book in his charge and immediately forward one copy of it to the clerks of other comunidades taking part in the meeting, to be written in the respective minutes book. § 2. In order to have a combined meeting held or to take deliberation, it is necessary that there must be present, as many members as would have been required for each of the individual comunidade to hold separately a meeting. And in this case, the disposition of previous articles, relating to the convocation of the meeting and voting, is to be made applicable. Art. 38 – When the comunidade duly convened does not meet, or when no majority could be achieved on any subject submitted to its deliberation, the respective powers for its approval, shall be passed to the managing committee, with the exception to the event referred to in the article 32, in which there is no room for any relaxations. SECTION IV Managing Committee Art. 39 – The affairs of each comunidade shall be managed by an managing committee [chosen every three years elected every three years] in the manner prescribed in this Code 20[prescribed in this Code and rules framed thereunder]. Art. 40 – The managing committee is comprised of three members: president and two members, one of whom shall be the attorney and the other the treasurer. 21[Art. 41.— The board shall be elected by the Comunidade from amongst the able components, including share holders, preferably those residing in the village. When the Comunidade is not constituted for election of any of the members of the board, the same shall be appointed by the Government from amongst the able components, including share holders, preferably those residing in the village.] 22[Art. 41-A— In case,— (a) any component has filed or files a legal proceeding to claim any right in land of, or -------20-------- ownership of which is claimed by, the Comunidade; or (b) a Comunidade has filed a legal proceeding against any component for encroachment done, or illegal construction carried out, by him on the land of Comunidade or for right of title to land claimed by the Comunidade and such component has been declared by an order of any legal forum to have encroached upon land of a Comunidade or carried out any illegal construction on Comunidade land,— (i) a component referred at (a) above shall not be eligible to contest election to any post in the managing committee of such Comunidade and in case he is holding any post in the managing committee, he shall cease to be member and from the date of filing of such legal proceeding he shall be deemed to have vacated his office. (ii) a component referred at (b) above shall be permanently barred from contesting election to, or holding, any post in the managing committee of any Comunidade. If such component is holding any post in the managing committee, from the date of such order he shall, cease to be a member and, deemed to have vacated his office. Any stay order or interim relief in pending appeal or revision or writ petition, in respect of the issue of ownership of land or encroachment or illegal construction, as the case may be, as referred above that may be obtained by the component, shall not entitle him to contest the election to the managing committee of any Comunidade.]. Art 42– For the purpose of constituting the managing committee, two lists shall be prepared every three years, by 31st August, by the clerk and the attorney of the comunidade, based on the accounts of the last three years and of the registers of members by birth – (zonnkars) and shareholders, in accordance with the terms of this Code. 23[One of the two lists shall be of all the qualified members and the other of twenty major shareholders who are qualified members. A list of all the able components.] § 1. 24[Each of the list The list] shall contain: a. The serial number; b. Name of the member; c. His status as shareholder or members by birth – (zonnkar); d. Residence; e. Age, when available; f. Family relationship, if any, up to the 3rd degree which exists among different members; g. Number of shares held, in case of shareholder or the social interest that each member by birth – zonnkar has in relation to the share; h. Educational qualifications of the member. § 2. When, for the preparation of the list of twenty major shareholders, there are two or more members with the same social interest and all of them cannot be included in the same -------21-------- list, then the member who is senior in age shall be included, till the number make up the total of twenty. § 3. The documents submitted by the parties for the purposes of clause (h) shall be returned to them, once the list referred to in the preceding paragraph has been approved. Art. 43 – After the lists have been publicly displayed for a period of eight days, from the 2nd September and the copies of the same affixed on the door of the committee meeting‘s hall and any of the temples of any religion, existing in the village, an appeal may be filed to the administrator, on a plain paper, within the same period. Art. 44 – The administrator shall give his decision, within the fixed period of five days, without fail, and the said decision shall be made public in the entry book of the administration office, against which an appeal may be filed, also on plain paper, to the Administrative Tribunal, within the period of eight days. This appeal shall also be decided within eight days.