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]





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