Amendment status not verified — confirm the current text below against the official source.
The lease holder who has cultivated the lot in the previous year, even if he has no actual residence, in the last two years, in the village of the comunidade, shall have right to option in the first and second bidding, at the time of auction, soon after the price of bid is finalized unless he has been punished under article 300. Art. 295 – Only the cultivators can take on lease the paddy fields of the comunidade, but in no case, they shall sub-let the same, enter into on partnership or enter into any contract or service, on the pain of the contract being rescinded and to a fine equivalent to double the rent and equal fine being imposed on the sub lessee. Sole § For the purposes of the provisions of this article, cultivator means the one who cultivates the field personally, or with his family members, relatives, or with workers paid by him. Art. 296 – Each cultivator can only take on lease one or more lots whose total gross production does not exceed 20 77[candils] of 160 litres each, when the number of his family members is not more than five, to 25 candils when that number does not exceed eight and to 30 candils when the family members exceed more than eight, on the pain of the contract being nullified. § 1. A tolerance up to one candil may be permitted safeguarding also the case in which a single lot has production beyond the limit fixed. § 2. On the recommendation from the administrator, at least ninety days prior to the auction, the 78[Government] can reduce the limit fixed in the body of this article, in the comunidades when there is a justified need of better distribution of the fields. § 3. For the purposes of restriction foreseen in this article, it shall be taken into account the production of the paddy fields of the cultivator itself and his family or even of the paddy fields of other individuals singular or collective, taken on rent by them. Art. 297 – The allotment shall be done, without need of any kind of bond or special guarantee, as the produce itself shall be the guarantee for the payment of rent, unless if the lot or lots may have been auctioned with an increase higher than 30 per cent of the starting price, in which case, guarantee shall be demanded, in terms of section III. Sole § When two or more lots, have been allotted to a cultivator, the fruits of each of the lots and of all together, shall guarantee for all the rent due. Art. 298 – On account of the non the payment of rent, within the period of the contract, the lessee shall be subject to the following penalties: a) During the first ten days, a daily fine of 6$, up to the limit of 25 per cent of the rent, which shall be collected along with the rent; b) If the payment is effected with delay up to 30 days, with fine of 12$ per day, to the limit of 50 per cent of the rent, which shall be collected in terms indicated in -------79-------- preceding clause; c) After 30 days without the rent, being paid the managing committee shall immediately proceed to the seizure of the produce and sell it in public auction, entering the price in the safe, till the corresponding amount of the rent, fine and increases is met, depositing the remainder in favour of the leaseholder , unless a bond has been provided in terms of the final part of article 297, in which case the same bond shall be broken and by its value paid the rent, fine and further increases, and the contract shall be terminated. d) Whenever the produce is withdrawn and the bond has not been furnished, a fine equivalent to the value of the rent, convertible into prison at 20$ per day till the limit of two years, in case of not being paid voluntarily within ten days, and termination of the respective contract; e) The guard of the respective paddy field who allows the produce to be lifted without taking measures to obstruct the lifting, incurs in the fine foreseen in the previous clause. Art. 299 – If the lessee does not cultivate the lot or lots, he shall incur a fine equivalent to the double the rent , convertible in prison, in case of non-payment within ten days, at the rate of 20$ per day, in addition to the rescission of the contract. Art. 300 – If the lessee does not execute the preparatory and other works, in the periods and in the form that may have been fixed in the clauses of the lease, or does not cultivate the lot or lots, in terms prescribed in the conditions of the lease, he shall be subject to pay a fine equivalent to half of the rent, without prejudice to the payment of the rental. Sole § The time limits referred in this article can be extended by the administrator, after hearing the respective agricultural authorities or zone. Art. 301 – The lease of the paddy field of the comunidades in not determined on the death of the lessee, if survived by the spouse not separated of persons and properties judicially or de facto, or descendants or ascendants who had lived with him at least for one year. § 1. The transfer of the right of lease established in the body of this article is done in the following order: a. To the survived spouse; b. To the descendants, the near ones having preference; c. The ascendants, the near ones have the preference in the same manner. § 2. The succession in favour of descendants or ascendants of the original lessee shall also take place on the death of spouse of the latter, when in terms of this article such right has been transferred to such spouse. This second transmission can only be made in favour of the persons who had lived with the spouse of the lessee at least for a year. § 3. The renewal of the contract of lease shall be granted by the administrator of comunidades, on the application of the interested party, made within the period of 30 days from the date of death of the lessee. The decision of the administrator shall be subject to the approval of the 79[Government]. Art. 302 – Without prejudice to the provisions laid down in the previous article, the lots -------80-------- which became vacant by the death of the lessee or for any other reason, shall be awarded by public auction for remaining period of six years. But if there is justified urgency it shall be awarded by private negotiations, announced by cries given, with the antecedence of three days, however in the following year the procedure prescribed in the first part of the article shall apply. Sole § The provision of this article shall be applied equally to the situation foreseen in the article 299. Art. 303 – For the purposes of article 296 and its paragraph 3, the interested party shall submit to the managing committee, prior to the auction, a note indicating the number of family members and whether the former or the latter possesses paddy fields or cultivate those of other persons, sole or collective entities, with the respective production as per the estimate, when the paddy fields are of the comunidades or if not as per the records of matriz. Any false declaration given shall attract penalty provided in the article 242 of the Penal Code (Código Penal). Art. 304 – It is permissible to give each lot on lease or through a private negotiation to more than one person, up to number four, when there is agreement to cultivate it by dividing in parts of equal production, case in which the managing committee, within thirty days, from the date of auction, shall divide the plot and hand over to each person his part of the lot, with the necessary elements of identification. All this shall be mentioned in the supplementary contract. Art. 305 – The administrator has power to impose penalties provided in articles 295, 296, 298, 299 and 300, but his decision, however shall be subject to confirmation of the Director of Civil Administration Services, with appeal to the Administrative Tribunal. Art. 306 – What is prescribed in this Code in relation to the ordinary auctions, is applicable to the auction of paddy fields, save what is provided in the present section. Art. 307 – From the increase in revenue resulting from the public auction on the average of the normal income of the last nine years, fifty per cent shall be allocated for the purpose provided in the clause (b) of article 316 and the remaining part shall constitute income of the comunidade to be distributed to its members, by observing the legal formalities. CHAPTER IV Development of agriculture and extraordinary expenses Art. 308 – For the purposes of agriculture development, the technical officer of works and the farming officer shall hold a meeting in the administration office of comunidades by 25th January of each year, under the chairmanship of the respective administrator and with the necessary information obtained in advance from the respective managing committee or any other sources shall prepare a scheme of works of a permanent character that can be executed in one or more years, preferably works of irrigation and of the consolidation of bunds and sluice gates, so as to avoid, as much as possible, urgent works. Whenever there is need to carry out or to implement any work, not foreseen in the scheme referred earlier, it is the responsibility of the managing committee or the administrator, on their own, to ask for the preparation of the respective schemes and required budgets. Art. 309 – The scheme referred to in the previous article, shall be submitted for the approval of the 80[Government], through the Directorate of Economic Services, by the 20th February -------81-------- next, and after its approval the managing committee shall order the preparation of the respective projects. Sole § One copy of the scheme, after it is approved, shall be sent to the Directorate of Civil Administration Services by the respective administration of comunidades office. Art. 310 – On receipt of the projects with the budgets, the clerk of the comunidade shall convene the comunidade, returning the file to the administration office, with the copies of the deliberation of the same and of the managing committee, which shall indicate how to meet the expenditure and the financial position of the comunidade. § 1. The administration office shall attach the conditions for auction and the contract specification, if not attached earlier, and announce the auction, except when any work in question is not of the interest of the comunidade or the comunidade does not approve the necessary expense, circumstance in which the file shall be submitted to the Directorate of Civil Administration Services for the decision by the 81[Government]. § 2. With the provisional contract drawn up or deliberation taken, and with his remarks on the matter, the administrator shall submit the file to the Directorate of Civil Administration Services for the decision of the 82[Government]. § 3. The Directorate of Public Works and Transport shall be consulted on all the budgets or estimates that exceed 50.000$. Art. 311 – The works shall be executed, as a rule, on contract basis, by observing the regulations and clauses in force. However works may be carried out by direct administration, when in the second auction, which shall be announced along with the first one, there is no bidder. Art. 312 – The contract works shall be preceded by public auction, announced, not less than ten days in advance, in the Official Gazette, in one newspaper of the capital or of the taluka and posted at the usual places, and the said contract drawn up in the administration office, with the intervention of the managing committee and two witnesses. Art. 313 – The works shall be inspected and supervised by:–