To
The Hon'ble Prime Minister,
Government of India,
Prime Minister's Office,
New Delhi.
Sub : Memorandum seeking intervention of the Central Government to protect
the interest of Comunidades by granting approval to the amendments made to their
private law.
Respected Sir,
On behalf of the Association I am to submit the following, in short, for your
kind consideration. Kindly spare us some of your valuable time, as the
matter is most urgent to us.
1.Our Association came to be constituted and registered under the Registration
Act, 1860, to take joint and consolidated stand. This was possible due to the
sustained efforts of the aggrieved Gaonkars i.e. the descendents of the first
indigenous people/settlers in the State of Goa, whose interests are crippled by
vested interested politicians in the State of Goa and after doing so, are now
subject to wholesale plunder which our ancestors never heard centuries before
nor forseen. The copy of the constitution of our Association of
Componentes of Comunidades is enclosed herewith for your ready reference.
2.The original Indigenous people i.e. Gaonkars, have established institutions
since times immemorial called "Gaonkaria" which the ex-portuguese
Government addressed as "Comunidades". The Gaonkari is
constituted to carry out sovereign functions such as those listed under Article
39 of the Constitution of India. They professed these functions since
inception for the common and joint welfare of the society in the particular
locality developed by Gaonkars at their own cost. These functions mostly
consist of providing welfare measures to upkeep healthy standards of living and
harmony in the society within the jurisdiction of the Gaonkari.
There are for time being 223 Comunidades spread over entire Goa, with the above
functions and their primary occupation is to progressively boost agricultural
and horticultural activities by employing originally cows and oxen. Gaonkaries
have reserved large tracks of land for grazing of poor farmers' cattle and oxen.
3.We the Gaonkars, have our own ancient private law, codified and recognized by
the State, in terms of Diploma Legislativo No.2070 dated 15.4.1961, for the
purpose of enforcement of the same in public matters and in the courts of law.
4.The law of Comunidades for Gaonkaries now stands written in portuguese
language and no competent authority have till date taken trouble to translate
the same in English or in any other Indian languages.
5.The law of Comunidades/Gaonkari is not made by the State. The
Comunidades/Gaonkaries are not established nor constituted by the State nor by
its sovereign under any Statute. The Gaonkari is the Co-operative
association of the original tillers of the soil even before the State ever came
into existence and they made for themselves the laws and rules based on usage
and customs prevailing and practiced in terms of ancient Hindu jurisprudence.
6.The Gaonkari is in fact an association of men engaged in common activity or
connected by the community of interest or opinion. The rules made by them for
themselves were called Samaya or Samvid in terms of ancient Indian
jurisprudence. There are contractual obligations under the law of Gaonkari
for even carrying out pious obligations. The disputes are to be resolved
by the Governor of the State under Article 153 (of the Code of Comunidades)as
earlier being resolved by the King under the Hindu jurisprudence. The law
of Gaonkars is strict in sense which is a time piece legislation of Gaonkars to
prevent corruption and malpractice or cheating by ones who are entrusted with
coffers and the assets of this Gaonkari.
7.The law of Gaonkaries is greatly influenced by 'Kautilya Arthashastra' in the
matters of administration of finance and recovery of revenue from the resources
entrusted with the concerned authorities on behalf of the Gaonkari. At the
relevant time when Portuguese landed in Goa and took control of theState affairs
of Goa by their administration after ousting the Indian rulers and kings, the
tutelage and guardianship over the Gaonkaries fell in the hands of the colonial
ruler.
8.The crown of Portugal by virtue of Foral (Charter) of 16.9.1526 of Dom Afonso
Mexia, recognized the sovereign functions of the Gaonkari or Comunidade and as
well as respected their private law in force publicly to be inforced in the
court of laws established by the colonists at the relevant point in time in the
State of Goa. Finally, this private law of Gaonkars was confirmed by a
declaration made in terms of Diploma Legislativo No. 2070 dated 15.4.1961.
The same is in force in the State of Goa till date as the existing law
after commencement of the Constitution of India.
9.The Institution of Gaonkari should be definitely protected as heritage of
India being the only living ancient institution of India surviving in the State
of Goa by facing challenges against all adverse and all odd rules made by the
colonists during Portuguese rule. Presently, they are facing more threats
to the extent of extinction under the present Government.
10.There were no panchayats in Goa during the Portuguese rule, nor before the
Portuguese rule and the sovereign functions which are carried out by such
institutions were carried out for the benefit of the public by the Gaonkaries in
respective localities and at the cost of the Gaonkars.
11.The present Gaonkars are descendents by male bloodline in succession and are
members of various Comunidades in Goa. They are frustrated and finding that the
Goa Government have not taken any initiative to constitute a Committee under
Article 652 of the Code of Comunidades to consider amendments or modifications
for the existing law of Comunidades due to the changed situation after the
liberation of Goa and they have approached this Association to convene a
convention in terms of clause 9 of Article 3 of the Constitution of the
Association of Componentes of Comunidades, so that memorandum and or opinion of
the Gaunkars is placed for consideration of the Government for approval.
12.We had, in terms of this petition, accordingly convened a convention on
20.4.1997, after giving wide publicity to all interested members of the public
and the Componentes/Gaonkars, when the Government failed to provide necessary
machinery to carry out the long awaited modification and amendments to the
existing provisions of the Code.
13.The minutes of the convention giving common opinion and suggestion to
amendments to the existing provisions of the Code of Comunidades, 1961 and the
objects and the reasons thereof were subsequently furnished to the Goa
Government for the purpose of approval of the same. However, till date, no
response has been received from the Government of Goa, either accepting or
disagreeing with the entire exercise undertaken by this Association.
14.After going through the Portuguese version of Article 652, we find that the
Goa Government is neither competent to constitute the appropriate committee nor
can grant approval for the convention as the same being the prerogative of the
Central Government. Therefore, in view of this position of law, we are
forwarding the true copy of the said convention for the consideration of the
Central Government based on the memorandum of the Gaonkars supported by reasons
and objects thereof.
The Central Government, therefore, may grant the necessary approval for the
amendment of the existing provisions of the Code of Comunidades in terms of the
resolution taken at the convention and inform the local Government of Goa the
decision taken approving the said amendment for the purpose of notification in
the Official Gazette for its enforcement.
15.We are also sending to your goodself a copy of petition dated 16th June,
2000, filed before the Governor of Goa alongwith the copy of the petition dated
19th June, 2000, forwarded to the Union Minister of Law, requesting to halt
abuses by the State Government/Legislature on the Comunidades for the purpose of
reference and needful.
16.We are not in a position right now to forward to your goodself, the true
version of the Law of Comunidades in English as the state Government has not
provided such a translation. However, there is an unauthentical version in
circulation which does not give the true meaning of the original law. This
law has to be read with the background on the basic structure of the Comunidades
or Gaonkaries as evolved since ancient India.
17.We would like your goodself to do the needful urgently as gross prejudice is
being caused by the local Government through various agencies, to the extent of
destroying age old ancient institution to the benefit of few and of the corrupt.
18.We would prefer to be heard on the matter before the competent authority of
the Central Government in New Delhi or in Goa, if arrangement is made for the
same during the period of 16th, 17th or 18th October, 2000, preferably.
Thanking you, we remain,
Yours faithfully,
For ASSOCIATION OF COMPONENTES OF COMUNIDADES
-sd-
SECRETARY