223 Gaunkaries (Communidades in Portuguese) ---3 zones North Central South (each zone 75 each )existing ancient institutions since beginning of civilisation in Goa find mention in the "Vedas" and "Shrutis". They are not the creation of Portuguese as is commonly believed.
An administrative set up -- the all powerful General Body (decision making body) constituted by the Gaunkars -"joneiros"/shareholders whose desicions are implemented by the Managing Committee - President, Attorney, Treasurer -- and a Government appointed Administrator to execute the decisions with the District Collector, Revenue Minister, and Governor as appellate authorities --- All this was respected and recognised by the Portuguese Government being a private law and codified under a Diploma Legislativo No: 2070 dated 15.4.1961 prior to Liberation of Goa 19/12/1961. (browse www.geocities.com/goacommunidades/communidades.html) Gaunkaries provided for a) grazing ground b) fields for crops fruit garden c) bundhs for coconut plantations d) reserved plots for temples churches welfare measures e) water tanks ponds --- etc all these were community assets and belonged to the village -- this ensured the harmonious existence of a society under the tutelage of the King or his appointee But after Liberation the State under the pretext of amendments has usurped the powers of the "Gaunkaries" and worse still ... vide an amendment dated 20.6.2001 it seeks to regularise /legalise encroachments brow beating the "Gaunkaries" general bodies and Managing committee decision by getting their "orders" implemented by an all pliant government appointed Administrators. The "Dr Ambedkar Awas Yojana " of the Government of Goa has now promised to provide 100 square meters land to any person with annual income from all sources less than Rs.50,000 per annum (natives or those from outside the state with a domicile of 15 years ) on payment of Rupees 500/-(refundable without interested if no land is provided) and an additional sum per annum thereafter over a period of 15 years. This has stirred a hornets nest as this will be the final nail in the coffin of Gaunkaries. Therefore when Brigadier (retd) Ian Da Costa VSM of Saligao Communidade alongwith Andre A Pereira (Adv) Secretary Associates of Components of Communidades of Goa Panaji provided a power point presentation and a paper on "THE COMMUNIDADES OF GOA" elucidating all this -----at the NRI Goa Facilitation Centre Seminar (third in the series earlier one held in Panaji and New Delhi recently) on "Goan Heritage" at Hotel Woodlands ==Maharaja Basement== Margao this morning at 1020 hrs IST to a small gathering of 83 members which unfortunately had the presence of those in the age groups of d 40 plus and just three young legal practitioners ------there was a volley of questions raised by the audience which found no answers. Earlier the Chief Guest of the ocassion Shri D S Negi (IAS) a native of Haryana and a strong enthusiast of agro farming who has done a lot for Goa in the field of agriculture, drew a close similarity between "GAUNKARIES/Communidades" and the "KEBANG" system of local governance practiced in the North Eastern States (seven Sisters) But he regretted that with the enforcement of an uniform Panchayati Raj system by the Government through the constitutional amendment --which is influenced largely by political parties ---the ancient system which ensured community development and harmonius community in the North East is being slowly but surely destroyed. The audience therefore felt that if this is what the Chief Secretary,of Goa had to say being the topmost bureaucrat in the State it is obvious that the political leadership in Goa lacks the political will to avoid destruction of Communidade land. Niether can the Courts be expected to do justice because there is no faithful translation of the Code from Portuguese to English. The one by the Government suffers ambuigity it was pointed out. There was a suggestion made that the Government should take over the Communidade land offering a rate of Rs 150 per square meter. But one of the speakers mentioned that in a recent case the Judges of the High Court questioned the Government pleader that if Government has fixed a rate of Rs 12.50 paise per square meter than it was ridiculous because during his visit to a a star hotel he could not get a "masala dosa" for this rate. But there is a ray of hope according to Brig (Retd) da Costa -the "Vision 2000" Document presented by a Government appointed committee in Japan at a seminar in 2001 promises to safe guard the institutions of "Gaunkaries" "Communidade" One can just indulge in wishful thinking on this score a member of the audience felt. Following a tea break the next session was an excellent presentation appreciated by the audience on "Portuguese Laws in Goa" by F E Noronha (Advocate) At the outset it was clarified that what is referred to as "Portuguese Civil Code "is indeed a misnomer -- for this Code as it is prevalent in Goa can at best be called Indian Law of Portuguese origin because Portugal has a new enactment in place since 1966 (adopting a German system ) The Civil Code enacted in 1867 in Portugal and extended to Goa in 1869 is still being followed due to the enactment of the Goa Daman and Diu Administration Act 1962 which permits the continuation of Laws of Portuguese origin side by side of new enactments to provide for a smooth transition. The fact that the Central Government or the State Government has not felt it necessary to amend or repeal this law is apparently because Article 44 of Directive Principles envisages an Uniform Civil Code for the rest of the country and the Portuguese Civil Code could be of great use. Another notable mention was that re-introduction of Registration of Properties under the Portuguese origin laws could curb illegalities for they provided the inscription and description and one could safely verify the titles upto 1/11/1965 i.e just before the Indian -Transfer of Property Act was made applicable to Goa.. One of the audience members quizzed the panelist as to the reason why the Government should not revert to registration of these documents now that property documents viz survey numbers etc are being computerised and available at the "Mahiti Ghars" Again it became apparent that the political will is lacking on this score. The absence of the Chief Guest Mr Digamber Kamat MLA of Margao and Urban Dev Minister raised eyebrows as this was the first function of the cell in Margao.. in a message read out by Mr R (Dinar ) B Bhatkar --- received from the MLA it was reported that the MLA had gone to attend to a close friend undergoing bypass surgery. Niether was the Chairperson of the Margao Munipal Council Ms Kamilini Painguinkar (who otherwise attends all such functions of the Cell) nor any of the Councillors were present at the function. Even the Minister for Water Resources and MLA Velim Mr Filipe Neri Rodrigues was conspicous by his absence at this government function Ultimately Mr R ( Dinar ) B Bhatkar Principal Co-Ordinator a resident of Betim Verem ably summed up the proceedings --when he mentioned that "susegad" which is widely misconstrued by many was actually a quality of Goans reflected by the "Gaunkaries" which ensured the well being of the community and harmonius living --- the Civil Code also provided for equality before the law and surprisingly the "cashew nut" --- produced from the cashew tree brought by the Portuguese had an unique Goan taste which could not match those produced in Andhra Pradesh or Kerala. Thus Communidade Code of Civil Laws and Cashew are reflections of Goan heritage. Herculano Dourado (Adv) and ex MLA who ably compered the proceedings took note of the observations of the speakers viz: a) restoring the "Gaunkaries" b) demanding "Registration of properties" as per situation ante 1/11/1965 to safeguard against frauds and stated that the views would be placed before the Government. He informed the gathering that the "basic concept" of the NRI FC through these series of talks on Goan Heritage was basically to "create an awareness of the good things unique to Goa". The entire proceedings concluded with the announcement of the next Gomant Vishwa Sammelan on 3rd 4th and 5th January 2005 at the renovated Kala Academy Campal Panaji as the next activity of the NRI FC Goa. The poor sound system at the newly renovated Hotel Goa Woodlands robbed the enthusiasm of the participants and became a subject of ridicule and the function was conducted without the microphone for most of the function. The Management should put in place an efficient sound system lest it causes inconvenience and embarrasment to the hosts. from the GOA Hotel Woodlands GODFREY J I GONSALVES Borda Margao Goa [EMAIL PROTECTED] ________________________________________________________________________ Yahoo! India Matrimony: Find your life partner online Go to: http://yahoo.shaadi.com/india-matrimony ------------------------ Yahoo! Groups Sponsor --------------------~--> $9.95 domain names from Yahoo!. Register anything. http://us.click.yahoo.com/J8kdrA/y20IAA/yQLSAA/0FHolB/TM --------------------------------------------------------------------~-> http://www.goa-world.com http://www.live365.com/stations/61664 Live Konkani Music http://www.mahableshwar.com/ Addresses: Post message: [EMAIL PROTECTED] Subscribe: [EMAIL PROTECTED] Unsubscribe: [EMAIL PROTECTED] List owner: [EMAIL PROTECTED] URL to this page: http://www.yahoogroups.com/group/gulf-goans Yahoo! 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