Code of Comunidades

CODE OF COMUNIDADES

(Legislative Diploma No. 2070)

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1. The Legislative Diploma No. 2070 (Code of Comunidades) dated 15-4-1961 published in the Boletim Official Series I No.15 dated 15-4-1961

2. The Goa, Daman and Diu Legislative Diploma No. 2070 (Code of Comunidades) dated 15-4-1961 (Amendment) Act 1984 (Act No. 1 of 1985) (1-8-1984) published in the Official Gazette, Series I No. 42 dated 17-1-1985 and came into force at once.

3. The Goa, Daman and Diu Legislative Diploma No. 2070 (Code of Comunidades) dated 15-4-1961 (Amendment) Act, 1985 (Act No. 9 of 1985) (17-4-1985) published in the Official Gazette, Series I No. 6 dated 9-5-1985 and came into force at once.

4. The Goa, Daman and Diu Legislative Diploma No. 2070 (Code of Comunidades) dated 15-4-1961 (Amendment) Act, 1986 (Act No. 8 of 1986) (14-10-1986) published in the Official Gazette, Series I No. 31 dated 30-10-1986 and came into force at once.

5. The Goa Legislative Diploma No. 2070 (Code of Comunidades) dated 15-4-1961 (Amendment) Act, 1988 (Act No. 13 of 1988) (21-5-1988) published in the Official Gazette, Series I No. 8 dated 27-5-1985 and came into force at once.


7. The Goa Legislative Diploma No. 2070 (Code of Comunidades) dated 15-4-1961 (Amendment) Act, 1993 (Act No. 10 of 1993) (4-5-1993) published in the Official Gazette, Series I No.10 (Extraordinary) dated 3-6-1993 and came into force at once.

8. The Goa Legislative Diploma No. 2070 (Code of Comunidades) dated 15-4-1961 (Amendment) Act 1994 (Act No. 11 of 1994) (11-5-1994) published in the Official Gazette, Series I No. 8 (Extraordinary) dated 27-5-1994 and deemed to have come into force on 1-1-1982 and provisions of Article 118 and deemed to have come into force w.e.f. 30-6-1993.


10. The Goa Legislative Diploma No. 2070 (Code of Comunidades) dated 15-4-1961 (Amendment) Act 1996 (Act No. 3 of 1997) ( 12-3-1997 ) published in the Official Gazette, Series I No.50 (Extraordinary No. 2) dated 19-3-1997and came into force at once.

11. The Goa Legislative Diploma No. 2070 (Code of Comunidades) dated 15-4-1961 (Amendment) Act, 1997 (Act No. 3 of 1998) (17-1-1998) published in the Official Gazette, Series I No. 42 (Extraordinary No. 2) dated 21-1-1998 and came into force 1-12-1997.

12. The Goa Legislative Diploma No. 2070 (Code of Comunidades) dated 15-4-1961 (Amendment) Act, 2001 (Act No. 24 of 2001) (4-4-2001) published in the Official Gazette, Series I No. 2 (Extraordinary) dated 16-4-2001 and Amendment provisions of Article 49 deemed to have came into force from 30-11-2000 and amended provision of Article 334-a shall came into force at once.

13. The Goa Legislative Diploma No. 2070 (Code of Comunidades) dated 15-4-1961 (Amendment) Act, 2001 (Act No. 46 of 2001) (29-6-2001) published in the Official Gazette, Series I No. 13 (Extraordinary No. 2) dated 4-7-2001 and came into force at once.

14. The Goa Legislative Diploma No. 2070 (Code of Comunidades) dated 15-4-1961 (Amendment) Act, 2002 (Act No. 5 of 2002) (25-1-2002) published in the Official Gazette, Series I No. 43 (Extraordinary) dated 29-1-2002 and came into force at once.

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Introduction … Page No.

Title I

As regards the constitution of Comunidades Chapter I – General bye-laws— Articles 1 to 19

1 1

Chapter II – As regards the Comunidades 4 Section I – As regards the components of the Comunidades— Articles 20 to 29 4 Section II – As regards the powers of the Comunidades— Articles 30 to 32 8 Section III – As regards the meeting of the Comunidades— Articles 33 to 38 9 Section IV – As regards the Administrative Boards (Juntas Administrativas)—

Articles 39 to 72 11

Section V – As regards the Attorneys— Articles 73 to 83 20 Section VI – As regards the registrars of the Comunidades— Articles 84 to 98 22 Section VII – As regards the cashier— Articles 99 to 101 25 Section VIII – As regards the coffers and the key-keepers— Articles 102 to 115 26 Chapter III – As regards the Administration of the Comunidades 28 Section I – General Law— Articles 116 to 117 28 Section II – As regards the Administrator— Articles 118 to 126 29 Section III – As regards the office of Secretary and his personal— Articles 127 to 152 32 Chapter IV – The competence of the Governor General— Article 153 36 Chapter V – As regards the Administrative Tribunal— Article 154 37 Chapter VI – Pensioners’ Bank (Caixa de Aposentações)— Articles 155 to 172 38 Chapter VII – Regarding insolvent Comunidades— Articles 173 to 181 40

Title II

The working of the Comunidades and the procedure to follow: Chapter I – As regards the capacity of the components

42 42

Section I – The inscription of the “Jonoeiros”— Articles 182 to 192 42 Section II – As regards the admission of the “Jonoeiros”— Articles 193 to 198 45 Section III – As regards the inscription of the shareholders— Articles 199 to 201 46 Section IV – As regards the inscription of the pensioners and of the shares—


Chapter II – Of Registers: 48 Section I – Of Register No. 1— Articles 208 to 221 48 Section II – Of Register No. 2— Articles 222 to 229 54 Section III – Of the Differentiation of the Lease Tax— Articles 230 to 237 56 Section IV – Of Remission of Taxes— Articles 238 to 242 57 Chapter III – Of Ordinary Auctions— Articles 243 to 256 59 Section II – Of bidding— Articles 257 to 272 62 Section III – Articles 273 to 287 66 Section IV – The transferring of auctioned items— Article 288 68

Section V – Of Removal— Article 289 68 Section VI – Of the loss and overburdens— Article 290 68 Section VII – Of leases of paddy fields— Articles 291 to 316 69 Chapter V – Of long term leases— Articles 317 to 323 74 Chapter VI – Of Permanent Leases: 76 Section I – Of Their Concession— Articles 324 to 339 76

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1 2 Section II – Of Objections— Article 340 82 Section III – Of revision of leased properties— Articles 341 to 346 83 Chapter VII – Of the sale of pawned articles and produce of photo— Articles

347 to 348 85

Chapter VIII – About sanction for filing suits— Articles 349 to 353 86 Chapter IX – Of remission of liabilities and taxes payable by the Comunidade—


Chapter X – About rebate of rent of fields— Articles 356 to 367 87 Chapter XI – Of admission of water in the field— Articles 368 to 370 89 Chapter XII – Of the land encroached upon and manner of reverting it: 90 Section I – Of encroachment found out by or without complaint— Articles 371 to 384 90 Section II – Of encroachment noticed at the time of survey— Articles 385 to 389 96 Chapter XIII – Of the general procedure in dealing with any file— Articles 390 to 396 97 Chapter XIV – Of appeals and of complaints in general— Articles 397 to 399 100

Title III

As regards the shares of the Comunidades: Chapter I – As regards the issue of shares— Articles 400 to 409

101 101

Chapter II – As regards the transfer of shares— Articles 410 to 420 102 Chapter III – As regards the onus— Articles 421 to 428 104 Chapter IV – Common rules regarding the transfer of shares and registration of

onus— Articles 429 to 435 106

Chapter V – As regards the renewal of shares— Articles 436 to 437 107 Chapter VI – As regards the loss of shares in favour of Comunidades— Articles

438 to 439 108

Title IV

As regards book-keeping and accounts: Chapter I – As regards book-keeping and accounts of the Administration of

Comunidades— Articles 440 to 444

108 108

Chapter II – As regards the book-keeping and accounts of the Comunidades: 110 Section I – General Rules— Articles 445 to 461 110 Section II – As regards the minute-book— Article 462 113 Section III – As regards the Cash-Book— Articles 463 to 469 113 Section IV – As regards the returns and expenses book— Articles 470 to 479 114 Section V – As regards the current accounts books— Articles 480 to 515 117 Section VI – As regards the grants book— Articles 516 to 525 122 Section VII – As regards the book of charges— Articles 526 to 531 123 Section VIII – As regards the contracts book— Articles 532 to 537 124 Section IX – As regards the book for various terms and deeds— Articles 538 to 540 125 Section X – As regards the registers of orders from higher authorities— Articles 541 to 542 125 Section XI – As regards the book for the registration of usurpations— Article 543 125 Section XII – As regards the book for the registration of claims— Article 544 125 Section XIII – As regards the book for the inscription of “Jonoeiros”— Article 545 126 Section XIV – As regards the book for the inscription of the share-holders—


Section XV – As regards the book for the inscription of the pensioners and sharers— Article 548

126

Section XVI – The “tombo 1” book— Articles 549 to 550 126 Section XVII – As regards the “tombo 2” book— Articles 551 to 552 127

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1 2 Section XVIII – As regards the book for the inventory— Article 553 127 Section XIX – As regards the book for the registration of outward

correspondence— Article 554 127

Title V

As regards the coercive recovery of the active debts: Chapter I – General rules— Articles 555 to 557

127 127

Chapter II – Of the current accounts: 127

Section I – As regards the debtors subject to coercive recovery— Article 558 127

Section II – As regards the issue of current accounts— Articles 559 to 567 128

Section III – As regards the effects of the current accounts— Article 568 131

Section IV – As regards the contestation of the current accounts— Articles 569 to 573 132

Section V – As regards the evidence and allegations— Articles 574 to 577 133

Section VI – As regards the judgement and appeal— Articles 578 to 583 134

Section VII – As regards the embargos— Articles 584 to 589 135

Chapter III – As regards confiscations— Articles 590 to 597 136

Chapter IV – As regards the embargos laid by the third parties— Article 598 137

Chapter V – As regards the auction and adjudications— Articles 599 to 605 137

Chapter VI – As regards the concurrence of the creditors— Articles 606 to 611 138 Chapter VII – As regards the payment— Articles 612 to 624 139

Chapter VIII – As regards the incident of falsehood— Articles 625 & 626 141

Chapter IX – As regards the court-fees— Articles 627 to 631 142

Chapter X – As regards the judgement of unrecoverable debts— Articles 632 to 640 143

Title VI

General and transitory rules— Articles 641 to 660 144

Schedule No. 1 (Article 2) 147 Schedule No. 2 149

Classification of the Clerical Offices of the Comunidades and groups of Comunidades 150 Title

I Of the Administrator of the Comunidades

Table No. 3 Chapter I (Fees and Salaries)— Articles 1 to 4 151 151

Chapter II – Of the Secretary, Assistants and Bailiffs of the Administrative Office— Articles 5 to 6

152

Chapter III –Of the General fees of the Administration Office— Article 7 153 Chapter IV – In the Coercive Recoveries— Articles 8 to 12 154 Title

II Of the Comunidades

Chapter I – Of the Clerk of the Comunidades— Articles 13 to 14 158 158

Chapter II – Of the experts and arbiters— Article 15 159 Chapter III – Of the Members of the Managing Committee— Article 16 159 Chapter IV – Of Attorney and Key-Keepers— Articles 17 to 18 160 Chapter V – Of the Staff of the Cadastral Survey— Articles 19 to 31 160 Forms Nos. 4 to 32 162

to 201

Rules 202

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Legislative Diploma No. 2070 (Code of Comunidades) dated 15-4-1961

I. It is since very long that the need for a new publication of the Code of Comunidades was felt.

The Code of 1933 was completely changed as a result of the – repeated alterations introduced thereto.

It is true that most of these alterations were made by giving new wordings to the Articles of the Code; but it is equally true that many more alterations did take place by virtue of the introduction of certain rules that renewed, modified or enlarged certain existing rules of the Code, without any direct reference to the letter.

This gave birth to chaos in the regulation of the various institutions that form the Comunidades, regulations that is dispersed in various Legislative Diplomas guided very often by divergent doctrines.

In fact, the Diplomas that altered the Code did not always keep loyalty to the basic principles, as many a times the solution adopted, meant the application of new principles, entirely different if not contrary to those that guided the compilation of the Code of 1933. This gave birth to difficulties in reconciling the old rules with the new ones, established by means of Legislative Diplomas.

In this way disappeared all the advantages that a compiled Code of Comunidades offered.

Under these circumstances it was felt that time had come for a general revision of the Code. It was found to be inopportune to undertake such revision by means of new alterations to the Code, as this would only increase still more the already existing confusion.

It was, therefore, found to be prefereable to condense the work of revision into a new unitary publication.

But the publication of the new Code of Comunidades, besides the above mentioned aim, has the one of rendering the Comunidades what the public conscience expects of them.

The past experience as well as the progress attained by the doctrine, legislation and jurisprudence is regard to the juridical institutions similar to the Comunidades, was taken into consideration.

It is true that the perfect functioning of the Comunidades and of the Services that guide them does not depend wholly on its legal structure, but on the ethical standard of the persons it comes across.

However, a great lot can do the good organization of its functioning.

It is hoped that the innovations therein introduced will help attaining the goal and that the Comunidades will justify more and more the reason of their long and important existence.

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II. The change of legislation affects or may affect seriously the life of the people, and has always as its consequence a period of uncertainty so long as the interpretation of new is not finally decided.

Law should serve the collectivity, and among the major interests of the collectivity the peace and the tranquility of existence are of fundamental importance. These latter two should be protected by stable rules. Therefore the rules should not be altered without utmost caution.

If this principle holds good as regards any law, it is more realistic as regards the change of a full Code, in view of its extent and stability of its rules, and it attains the highest acuteness when the question of revising the Code of Comunidades arises.

In fact law should not restrict itself to give satisfaction to claims and protests formulated in practical life, but should equally guide life and foster progress of the collectivity.

Of course, at the time of publication of the Order of Governor General dated 15-5-1958, in Government Gazette No. 20, Series II of the same date, it was calmly thought over the dangers of a general revision of the Comunidades bye-laws and their compilation in a single Code, and decides that it should have been cautious as far as possible, by avoiding all the innovations that were deemed unnecessary. Nowhere else such innovations could prove to be more dangerous than in the bye-laws of our Comunidades, herein the extraordinary richness and complesity of relations, the multiplicity of aspects worthy of consideration and the difficulty of reconciling interests attain the highest degree.

The Code that is being published did not keep aloof from such a procedure, nor did it strive for originality for the sake of originality by itself, it only altered what was extremely indispensable, thus striving for the progress of law without shaking insupportably the life of citizens, in a harmonious concentration of all forces.

III. Without reference to formal alterations that have been numerous and have touched almost every Art, of the old Code, we shall herein summerise the long-range modifications introduced in the new Code.

The ground-rents that the Comunidades used to pay to the Revenue Office have been abolished. Historical truth-focussed by Cunha Revara-was thereby restored by recognizing that the land belonging to the Comunidades belonged to them as perfect property, and that the ground-rents not necessarily correspond to their division into produce and property, the former belonging to the Comunidades and the latter to the State.

The lease of Paddy-fields-regulated by various and scattered legislation was given special attention in order to safe-guard more perfectly the interests of the renters and of the Comunidades and to obtain a change in the system of penalties to be imposed in case of non-compliance of the rules. The anomally of imprisonment for non-payment of rents has been lessened as far as possible, but without sacrifice of the guarantee of income.

The agricultural progress was one of the issues in mind at the time of discussion of the new Diploma.

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To this effect measures have been taken and it is expected that they will yield beneficial results in the agricultural economy of Goa, through the implementation of the plan of constructions of permanent nature to be drawn annually by the administrations of Comunidades and implemented in one or two years, with the preference of irrigation works and consolidation of hedges and portals.

The acquittance of rent of the paddy-fields of the Comunidades has been regulated in such a way to avoid as far as possible the misuse so prejudicial to the Comunidades as well as to those who participate in its profits as the only means of livelihood.

If, on the one side, the fundaments of the request of acquittance were restricted, on the other side legislation has been enacted in order to put greater strictness in its evidence.

The disentail of the property of the Comunidades has been prohibited, for obvious reasons.

When the Code foresees the restoration of the extinguished Comunidades and the formation of new ones, it would appear illogical to allow the disentail of the estate of the existing ones.

The creation of barren grounds depends upon the proposal of the Comunidades or decision of the Government when deemed necessary, and the elimination of the drawers and watch-man was based in the inefficiency of their duties revealed by past experience.

And ultimately some of the rights and privileges enjoyed by the employees of the Comunidades were curtained, new duties have been imposed and the greatest strictness has been used as regards the system of incompatability they are subject to.

IV. The reasons that justify the presence of certain rules contained in this Diploma are thus summarily indicated. It would be impossible to enumerate and justify all of them in this preface.

The ideal that dictated them was solely the improvement of the functioning of the Comunidades and satisfy its most needs.

All our good intentions will only frutify with the co-operation of innumerable persons. Let us hope firmly that such a co-operation will not be wanting and that it will bring everlasting effects.

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CODE OF COMUNIDADES TITLE I

As regards the constitution of Comunidade

CHAPTER I

General bye-laws

Article 1.— The Comunidades or "Gauncarias" existing in the District of Goa shall be governed by the bye-laws contained in this Code and specially by the private law of each of them. General law shall be observed in omitted cases.

§ 1. The union of two or more Comunidades under a single administration shall be known as "TOROFO", the same name will carry the union of various villages forming one single Comunidade, being applicable to them all the bye-laws of the Comunidades.

§ 2. "Private law" means any written law by which the Comunidade was governed since olden times and, in the absence of this, the practice, invariably followed during at least 50 years prior to 1904.

§ 3. The "Private law" of the Comunidades of Goa, Salcete, Bardez, Mormugao and Ponda is the one contained in map No. 8 which is the integrate part of this Code, and the private law of the remaining Comunidades shall be compiled within 6 months from the publication of this Code by the respective administrative boards and submitted to Govt. for approval, forming also the integrate part of the above referred map after the approval.

Article 2.— The "Comunidades" and the "Torofos" existing at present are those contained in map No. 1.

Article 3.— Each Comunidade is composed of : (a) "Jonoeiro"; (b) Shareholders; (c) Jonoeiros and shareholders; (d) Shares.

§ 1. The part of the annual income to be claimed by the “Jonoeiros” is called “Jono”, and that of the shareholders is called “dividends”.

2. In case the disentail of Comunidades has taken place followed by the distribution of their lands or estate to the “Jonoeiros” or shareholders, the owners of such land or estate shall substitute in everything the same “Jonoeiros” or shareholders, transferring to these all the duties that be fell on the respective Comunidades.

Article 4.— Only the “Jonoeiros” and the shareholders can participate in the profits and loss of the Comunidades and only they are liable of rights and duties that are guaranteed and imposed to the components of Comunidades by this Code.

§ Only.— For the purpose of this Article, the orphans of the “Jonoeiros”, their widows and maid daughters who have right to draw the income of “Jonos” or life pension according to the private law of the respective Comunidades, are considered “Jonoeiros”.

Article 5.— The Comunidades are under the administrative tutelage of the State, according to the rules contained in this Code, and their lands may be given in long lease or transferred in the form established in this Code.

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§ Only.— With effect from the year 1962 the Comunidades shall have not to pay ground-rent to the “Fazenda”.

Article 6.— The ground-rent of the long leases granted by the Comunidades and any other installments or seasonal income they might be receiving from the long term renters, landowners, servants or other persons are redeemable in accordance with the general law that regulates the remission of the ground-rents, in all that is not foreseen in this Code.

§ Only.— The income realized by way of remission shall be utilized for purposes indicated in Articles 8, 14 and 64, No. 4 and for the agriculture development.

Article 7.— The Comunidades shall have no such rights as conferred by the Article 1662 and its § of the Civil Code to the landowners as regards the lands given in long-lease, and the same lands may be transferred or divided, leaving to the Comunidades the rights to increase the ground-rent in accordance with the clauses contained in this Code.

Article 8.— The Comunidades may seek, according to the existing law, the expropriation for public utility of the land that they need for Irrigation and protection.

Article 9.— The Comunidades should not file any civil suit without the consent of the Administrative Tribunal, except when the suit filed is of preservative or executive nature or when the delay in filing it may bring as a result the extinction of the right or any guaranty. In such cases the approval of the Administrator shall suffice.

Article 10.— The Comunidades shall be represented in courts of law or other public offices by ordinary attorneys effective or substitute on duty or by special attorneys.

§ 1. The register of the election or the appointment order of ordinary attorney, effective or substitute, shall have the value of attorney power, but in case a special attorney is selected, the attorney power shall be described in the respective registration book, with special mention of the respective powers.

§ 2. The lawyer shall be selected by the ordinary or special attorney.

§ 3. For purpose of control, the attorney shall inform the Administrator about the selection made. But the latter may order for change, offering the necessary justification being heard the administrative board (Junta Administrativa) and after when it is found to be prejudicial to the interests of the respective Comunidades except in case of appeal against a decision of the Comunidades or administrative board or of the Administrator.

Article 11.— The personal summons of the Comunidades shall be made on the person of the respective Administrator or the person in charge of administration.

Article 12.— The seizure for debts of the Comunidades may fall on its credits, on the net income obtainable from the income and expenses book and on any other income, but never on immovable property.

§ 1. The seizure shall always be made in the hands of the treasurer of the Comunidades, in the presence of the respective registrar, who will convey within 24 hours the fact to the Administrator; the registration clerk shall declare in the respective document of seizure the amount seized and whatever additional.

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§ 2. So long as the seizure continues, no extraordinary expenses shall be approved, except the cases foreseen in Article 64, No. 3, or when the amount seized is guarantee by the balance in the treasury.

Article 13.— The income by way of “Jonos” of the Components of the Comunidades and the right to future in income may only be seized for debts of the same to the respective Comunidades or its credors.

§ 1. As an exception to this case, the income to which they may have right at the time of seizure may be seized.

§ 2. The registrar of the Comunidade, in view of the copy of seizure presented to him by the clerk in-charge of shall inform the Administrator and make the necessary entries in the corresponding books, and shall not make payment of the amount seized.

Article 14.— The Comunidade, as soon as cash is available may take up the remission of its dues in favour of persons or bodies, by paying the amount of 20 annual instalments, except the religious expenses that are not subject to remission.

Article 15.— The Comunidade who have loans to repay and wish to redeem them in accordance with previous Article, shall compulsorily separate in their annual book of income and expenditure an amount not inferior to one-tenth of its net income for the repayment of loans or remission of other debts. It shall be the duty of the Administrator to verify carefully the implementation of this rule; the failure to do so will lead him to civil as well as disciplinary proceedings against him.

§ 1. Less amount may however be kept in reserve for the purpose indicated in this Article when the loans do not exceed one-tenth of its net income.

§ 2. For the purpose of this Article it is necessary that the loans must be put in evidence through a legally valid document.

Article 16.— All the services hereditarily rendered by certain families and paid out of the produce from certain lands are abolished.

Article 17.— The lands presently explored in accordance with the previous Article shall continue to belong to its holders, the services rendered by them shall be assessed and transformed into ground-rent in favour of the Comunidade. This ground-rent shall stand as a debt over the same lands.

§ Only.— The assessment shall be made in accordance with the respective terms of the Civil Procedure Code in presence of the Administrator. The latter's decision is subject to the Administrative Tribunal.

Article 18.— The Comunidades may create health centres, after consultation with the Directorate of Health Services, and applications shall be invited by the Directorate of Civil Administration in accordance with the law in force.

§ 1. The posts of Physicians required by the present Article shall be filled up by contract, in accordance, with Article 45 to 47 of the Overseas Services Statute (E.F.U.). The concession of special privileges as a result of which there may be more expenditure to the Comunidades, depend, however, of the favorable vote of the Comunidades concerned.

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§ 2. What is contained in § 1 is applicable to the Health Centres existing at the time of publication of this Code.

Article 19.— All the fines established in this Code and those mentioned in the clauses of the contract or auction will be recovered according to terms contained in Title V, when not paid voluntarily, and shall be credited to the Pensioner's Savings Bank (Caixa de Aposentações).

§ Only.— No fine shall be imposed without the preliminary hearing of the party concerned, who will be informed of decision within 5 days and may pay it voluntarily also within 5 days from the date of notification, or appeal to the higher court or body within the legally prescribed time.

CHAPTER II

As regards the Comunidades

SECTION I

As regards the components of the Comunidades

Article 20.— The components of the Comunidades, according to Article 3 are the following persons:

1. Those who can claim the “Jonos”, either “per capita” or “per stirpas”, and their male descendants through male line, legal, legitimate, adopted or adoptive, whatever their number;

2. Those who possess in the Comunidades, registered shares in their own names;

3. Those who can claim a part of the net income of the Comunidades, whatever the nature and the name of this claim, since it is registered in the respective book of the Comunidade, on an application addressed to the Administrator with the document of transmission attached.

Article 21.— The right to "Jono" of the components to which the No. 1 of the previous Article refers is personal, intransmissible and imprescriptible and it takes place only after registration, except when the registration takes place after the judgement of appeal. In this latter case the right is effective from the date of refusal by the registrar.

§ 1. For the obtention of the “Jono” it is necessary, besides the registration, the admission of the “Jonoeiro”.

§ 2. The right to “Jono” is suspended or lost in case of item (b) of Article 379 and it extinguishes with the death of the "Jonoeiro" but only after the expiry of the year for which he was admitted.

§ 3. It is lost in favour of the Comunidades the “Jonos” and seasonal pensions, preceding the last ten years. This time shall be counted from the 1st of March immediately following the time fixed up for its payment.

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Article 22.— The rights consigned in No. 2 of Article 20 starts with the registration of the respective shares, and those consigned in No. 3 of the same Article from the registration of the respective participants.

§ 1. For the drawal of dividends on shares and for the exercise of rights of component, it is necessary the registration in the Administration and in the respective Comunidade.

§ 2. The provisional registration of shares does not confer to the shareholder the rights of component, but only that of transferring the shares in the conditions in which he possesses them; the provisional registration, however, confers the rights referred to in previous §, but these rights are resoluble. (resolúveis).

§ 3. To the dividends on shares and to the share of the participants it is applicable what is contained in the first part of § 2 and § 3 of the preceding Article.

§ 4. When it is found to be impossible or difficult for the absent components to be represented, for the purpose of drawal of “Jonos”, dividends on share of the participants and pensions, the Governor General may authorize that the payment should be effected in favour of one who presents a declaration signed by the party concerned, with the signature attested by the registrar of the Comunidade and accompanied by a declaration for refund in case of any protest or claim.

§ 5. In case of trust or reservation of usufructs the registration shall be made in the name or the trustee of the owner, and the inscription in the name of the trusted or usufructuary.

Article 23.— The “Jonos” to be earned in future are not transferable in any form.

Article 24.— The shares of the Comunidades are transmissible and transferable, in accordance with the terms contained in this Code.

Article 25.— The “Jonos”, the income of any nature of the deceased component and the dividends on shares registered and inscribed in the name of the author of a legacy, may be received by the house-holder, on the order of the Administrator passed in view of the certificate of the pending inventory.

§ 1. When the total income does not exceed 1[Rupees 500/-], the parties interested in the legacy may draw it, producing a certificate issued by the registrar of the Comunidades, to the effect that the party had affixed public notices, through him at the gate of the temple of any religion existing in the village, at the meeting place of the Comunidade and at the gate of respective Administration, and published in Government Gazette, one of the copies being presented in anticipation to the Administrative board (Junta Administrative) in meeting and registered without anybody's opposition in the respective minute-book.

The publication in the Government Gazette is dispensable when the amount to be received does not exceed 2 [Rupees 50/-].

1 substituted for “3000 escudos” by (Amendment) Goa Act 3 of 1998 [17-1-1998]. 2 substituted for “300 escudos” by (Amendment) Goa Act 3 of 1998 [17-1-1998].

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3["Explanation.— In the Code of Comunidades, wherever any amount is indicated in escudos, the same shall be calculated at the rate of six escudos per rupee.".]

§ 2. The authorization granted by the Administrator for the purpose of this Article shall be held good for the subsequent years and will subsist so long as the division in the inventory is not finally settled.

§ 3. There being claims, or when there is dispute pending over the legitimacy of the bears, the "Jonos", other income and dividends shall be kept in deposit in the treasury of the Comunidade, and the claim shall be attached to the case, it being not applicable to this case the prescription established in §3 of Articles 21 and 22 of this Code.

§ 4. What is contained in this Art. and its § is applicable to the pensions referred to in Art. 202.

Article 26.— The components of the Comunidades are competent to:—

1. To intervene, discuss and vote in the meetings of the Comunidade and register in the minute whatever protests.

2. To be elected or appointed to any post in the Comunidade.

3. To make up for the deficit.

4. To urge the president of the administrative board to convene the Comunidade with the necessary justification, the application being signed by more than 5 components, or only 3 in case of Comunidades having less than 50 Components. This application may be made in ordinary paper.

5. To urge by a note addressed to the president, to hold an extraordinary meeting of the board, with the mention of the subject to be discussed. In case the president does not convene it they may lodge a protest, also by a note addressed to the Administrator who will finally decide as he deems fit.

6. To consult the board in meeting, verbally or in writing, over everything that is of the interest of the Comunidade, and present proposals that will be mentioned in the minute.

7. To examine the income and expenditure books, the assessment for auction and the respective conditions, the final accounts, entry books and account books of the Comunidade and the extraordinary budget, in the way and time prescribed in this Code.

8. To institute appeal of the decisions taken by the Comunidade or board and of the orders or decisions of the Administrator, other authorities or higher official circles, and generally, lodge protests (reclamar) over the subjects of interest to the Comunidade.

9. To denounce the deviation of the funds of the Comunidade, the usurpation of its lands and other illegal acts, as well as any irregular procedure or mistake of the employees of the Comunidade.

Article 27. — 4[Omitted]

3 Inserted by the (Amendment) Act 3 of 1998 [17-1-1998].

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Article 28.— The following persons are not allowed to take part in the decisions of the Comunidades:

1. Non-emancipated minors and interdicts, 5[…].

2. The debtors of the Comunidade and of the subrogatories of the latter, considered as such, or those against whom notices of payment of debts might have been served.

3. Those who have instituted suits against the Comunidade, as regards the matter pertaining to the same suit.

4. Those who have been deprived of the right to vote by a judgement against which no appeal has been filed in the cases foreseen in this Code.

5. Those who have direct interest in the matter that is subject of discussion or when any of their ancestors or descendants, wife or a relative in transversal line up to 2nd degree are directly interested.

6. The foreigners.

$ 1. 6 [Omitted]

§ 2. What is contained in No. 6 above is not applicable to the descendants of the Portuguese.

Article 29.— The following persons cannot be elected or appointed to the posts existing in the Comunidade:

1. The shareholders whose income in the Comunidade when the latter is composed also of the “Jonoeiros” is not at least equivalent to the minimum share allottable to the “Jonoeiros”. In the Comunidades composed exclusively of shareholders when the No. of share is higher than 500, those who do not possess the minimum of 5 shares.

2. The non-emancipated minors and the interdicts.

3. Those accused of crimes, only after the expiry of time for lodging appeal, and those who have been sentenced for crimes referred to in § 4 of Art. 12 of the Overseas Services Statute (E.F.U.).

4. The Debtors of the Comunidade or of its subrogatories, those considered as such, against whom a suit may be pending for the recovery of debts, or even those whom a notice of repayment has been served.

5. The employees of the cadre of Civil Administration, the members and employees of the Administrative Tribunal and the employees subordinated to the Administrator.

6. The relative of the Administrator up to the 3rd degree.

7. The components of both the sexes who do not read, write or count in Portuguese.

4 Article 27 omitted by (Amendment) Goa Act 3 of 1998 [17-1-1998]. 5 Omitted by (Amendment) Goa Act 3 of 1998 [17-1-1998]. 6 Omitted by (Amendment) Goa Act 3 of 1998 [17-1-1998].

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8. The foreigners.

§ 1. The condition referred to in No. 7 above may be relaxed in the following talukas, Ponda, Bicholim, Quepem, Pernem, Sanguem and Canacona, where the election or appointment may fall on persons who have the knowledge of Marathi, excepting the president of the board (Junta) who should have at least passed the 4th standard of the primary education in Portuguese.

§ 2. The exception introduced in § 2 of the preceding Art. is applicable to what is contained in No. 8 of this Art.

SECTION II

As regards the powers of the Comunidades

Article 30.— The Comunidades have the following powers:

1. To elect for a period of 3 years the ordinary attorney and his substitute, in the manner established in this Code.

2. To appoint special attorneys when necessary or dispense with them according to circumstances and interest of the Comunidade.

3. To emit opinion over the budget, over the assessment for ordinary and extraordinary auctions and its conditions, final accounts and extraordinary budget.

4. To decide over:

a) The works and extraordinary expenses to be made.

b) The loans to acquire.

c) The creation or extinction of health centres, extension of their period of duration and maintenance of the same, as well as the creation or extinction of any services or duties of permanent nature.

d) Introduction of sweet and salted water in the "casanas". e) The expropriation of plots. f) The long leases, sale or exchange of lands. g) The institution, confession, desistance and conciliation in civil suits. h) The extension of time limits for the improvement of lands let by lease. i) The grant of remission of debts to the renters. j) And generally all the extraordinary acts which are not foreseen in the budget or in

this Code, as well as all other matters about which it may be consulted.

5. To appoint or restraint the gate-keepers or criers determining their rights and duties.

Article 31.— The decisions contained in Nos. 1 and 2 of the preceding Article are to be immediately implemented.

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§ Only.— The decisions referred to in items (a) to (f) and (h) to (j) of No. 4 of the preceding Art. are to be implemented only after the sanction of the Governor General, without prejudice of consultation with the Directorate of Health regarding the creation of health centres.

Article 32.— The creation of expenses of permanent nature or of any other extraordinary expenses for purposes other than the benefit of the Comunidade, may only be voted by a number of components who represent at least two-thirds of the capital invested.

§ 1. When the Comunidade, duly convened twice successively, does not meet so as to represent two thirds of the invested capital, the expenses may be voted for the 3rd time by ordinary means expressed in this Code, and with the approval of the twenty major components of the Comunidade, in case there exists such a number.

§ 2. The components of the Comunidade who have contributed for the construction, reconstruction or reparation of the cemeteries, shall pay at the most two-thirds of the ordinary rate of ditch.

SECTION III

As regards the meeting of the Comunidades

Article 33.— The Comunidade shall hold 4 ordinary meetings per year and as many extraordinary ones as necessary.

§ 1. The ordinary meetings shall take place during the first fortnight of March, April, May and December, each of them being preceded by cries through the various localities of the village and by public notices affixed 5 days early at the gate of the meeting place and of the temples of any religion existing in the village.

§ 2. The extraordinary meeting shall be convened by order of the president of the administrative board (Junta administrativa), preceded by cries and public notices as in the preceding § and mentioning clearly the subject of the same.

§ 3. Whenever the subject pertains to any of the items of No. 4 of Art. 30 and Art. 77, the meeting shall be announced in the Govt. Gazette and in at least one newspaper of the Taluka concerned, if any, with the anticipation of at least 15 days, besides cries and public notices as per the preceding §, even though the subject is to be discussed and voted in ordinary meeting.

§ 4. All the meetings of the Comunidade shall take place in the respective village, in the building reserved for this purpose. They may also be held in the headquarters of the Administration or any other locality, when the Governor General, for special reasons, deems it fit.

§ 5. In the extraordinary meetings only those subjects which have been announced may be discussed.

§ 6. The decision taken in contravention of the procedings are null and void.

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Article 34.— The Comunidade may decide matters when 25 of its components with right to vote are present personally 7[…] in case of Comunidades having 100 components, 15 in case of these having more than 50 and less than 100; 9 in case of those having more than 25 and less than 50; and 5 in case of those having less than 25 components.

§ 1. However, the Comunidade may be considered as constituted and decide with a number of components inferior to the one fixed up in this Article, provided the components who are present represent more than one third of the invested capital.

§ 2. Excepting the case referred to in § 1 of Art. 32, the president of the administrative board shall not consider as constituted the Comunidade in case at least two-thirds of the capital are not represented, for the purpose of cases foreseen in this Code. The failure to do so will make him solidarily responsible for the loss that may come to the Comunidade on account of this irregular meeting, being null and void the decision or decisions taken.

Article 35.— The decisions of the Comunidades shall be taken by an absolute majority of votes of the components who may be present, personally 8[…].

§ Only.— In the cases where voting is to be held by the representation capital, the decisions shall be taken by absolute majority of such representations.

Article 36.— In the cases foreseen in items (a), (b), (c), (g), (i) and in the first part of item (j) of No. 4 of Art. 30 and, in general, in all matters pertaining to extraordinary income and expenditure and to sale and exchange of the estate of the Comunidade, the voting of the decision shall be made by the system of representation of capital.

Article 37.— The meetings of the Comunidade are public, and are held under the presidency of the president of the administrative board or his substitute, and in case of simultaneous absence of both, under the presidentship of the oldest member, the minutes being drafted by the registrar.

§ 2. In order that a meeting be called joint, or in order to take a decision it is necessary the presence of as many components as would be necessary for the meeting of a single Comunidade, it being applicable as regards the convocation and voting are concerned what is contained in the preceding Art.

Article 38.— When the Comunidade, duly convened, does not hold meeting or does not arrive at a decision over the subjects submitted for its approval, its powers shall be transferred to the board (Junta), with the exception of the power contained in Art. 32, for what there shall not be the suppression of vote.

SECTION IV

As regards the Administrative Boards (Juntas Administrativas)

Article 39.— The affairs of the Comunidade are handled by an administrative board 9[“selected every three years”] in the manner prescribed in this Code. 7 Omitted words “or through their representatives” by (Amendment) Goa Act 3 of 1998 [17-1-1998]. 8 Omitted words “or through their representatives, or even by the declaration of vote”, by (Amendment) Goa Act 3 of 1998

[17-1-1998].

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Articlet 40.—. The managing committee shall be composed of three members: president and two members, one of them being the attorney and the other treasurer.

10[Article 41. — The board shall be elected by the Comunidade from amongst the able components, including shareholders, preferably those residing in the village.

When the Comunidade is not constituted for the election of any of the members of the board, the same shall be appointed by the Government from amongst the able components, including shareholders, preferably those residing in the village.]

Article 42.— For the purpose of formation of the board, the registrar and the attorney of the Comunidade shall prepare every three years, before the 31st August, 11[a list of all the able components], in view of the accounts of the last three years and books of inscriptions of "Jonoeiros" and shareholders, in accordance with the conditions laid down in this Code.

§ 1. 12[The list] should contain:

(a) The serial No.

(b) The name of the component.

(c) Whether he is shareholder or "Jonoeiro".

(d) Residence.

(e) Age, when available.

(f) Relationship up to 3rd degree with the different components, if any.

(g) No. of shares, in case of shareholder or the social interest that falls due to each "Jonoeiro" per share.

(h) Academic qualifications possessed by the component.

§ 2. When for the preparation of the list of twenty major components there are two or more components with the same social interest and all of them cannot belong to the same list, the more aged out of them will be enlisted until attaining the total No. of 20.

§ 3. The documents that the interested parties shall produce for the purpose of item (h) above shall be returned after the list referred to in preceding § is approved.

Article 43.— Once the lists are exhibited to the public during 8 days with effect from the 2nd of September, and once its copies are affixed at the gate of the meeting place of the board and of the temples of any religion existing in the village, appeal may be instituted to the Administrator in ordinary paper within equal time-limit.

Article 44.— The Administrator shall decide unfailingly the case within 5 days, and decision, written in the gate book of the Administration, will be open to public. The decision is subject to appeal to be instituted within 8 days, in ordinary paper, to the Administrative Tribunal who will decide within equal time-limit of 8 days.

9 Substituted the words "selected every three years" by (Amendment) Goa Act 3 of 1998 [17-1-1998]. 10 Substituted by (Amendment) Goa Act 3 of 1998 [17-1-1998]. 11 Substituted by (Amendment) Goa Act 3 of 1998 [17-1-1998]. 12 Substituted by (Amendment) Goa Act 3 of 1998 [17-1-1998].

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§ 1. The appeal is exempted from payment of court fees and stamps.

§ 2. Once the decision is taken, the Secretary of the Administrative Tribunal shall send immediately a copy of the judgement to the respective Administrator of Comunidade for its implementation.

Article 45.— The registrar of the Comunidade, after making the necessary alterations as demanded in higher decision, will affix again in presence of two witnesses the rectified lists before the 15th November, after being signed by the president of the board who will verify; under his own responsibility, whether the said decision has been duly implemented.

§ Only.— Two copies of the conclusive list of the components shall be sent by the registrar to the Administration before the 20th November.

Article 46.— The registrar who does not affix the lists or does not forward them to the Administration within the prescribed time-limit shall be punished by the Administrator with a fine ranging from 120 to 300 escudos.

Article 47.— The elections of the members of the board shall take place 13[on any Sunday in the month of December or January prior to the three yearly period in which they should start functioning.]

§ 1. For the purpose of what is contained in this Art., the Comunidade 14[…] shall be convened by the Administrator, by means of notices published in Govt. Gazette and affixed at the gate of the meeting place of the board or of the existing temples of any religion in the village, with the anticipation of not less than 20 days.

§ 2. The fixation of days for the elections to take in accordance with the present Art. and the proceeding paragraph shall be made by means of a single notice for all the Comunidades of the Taluka concerned.

§ 3. It will be avoided as far as possible that the elections in two neighbouring Comunidades should take place on the same day.

Article 48.— The committee for the election 15[of the board shall be composed of the president of the board, the attorney and the registrar, the president of the board being the president of the committee.]

§ 1. Any of the elections should be by open vote, each vote containing a name for the effective member and a name for the substitute. The voting shall be made by means of a list of the electors present personally 16[…].

17["§ 2 — After the conclusion of the election proceedings, the Officer appointed by the District Collector shall declare the results. Thereafter, the minutes of the election meeting shall be written and signed by the registrar in the minutes book of the Comunidade specifying therein all the facts occurred, registering protests, if any, and

13 Substituted by (Amendment) Goa Act 3 of 1998 [17-1-1998]. 14 Omitted by (Amendment) Goa Act 3 of 1998 [17-1-1998]. 15 Substituted by (Amendment) Goa Act 3 of 1998 [17-1-1998]. 16 Omitted by (Amendment) Goa Act 3 of 1998 [17-1-1998]. 17 Substituted by (Amendment) Goa Act 3 of 1998 [17-1-1998].

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recording the announcement of the results. The minutes shall be countersigned by the Officer appointed by the District Collector".";]

18[3. The election proceedings shall be presided over and conducted by the officer to be appointed by the District Collector, for the purpose.;]

Article 49.— In case of irregularities in the election, any component of the Comunidade with right of voting may appeal to the Administrative Tribunal within 5 days, it being allowed the use of ordinary paper for all proceedings.

§ Only.— The Administrative Tribunal shall decide the appeal within 8 days, and, in case the election is annulled, the Comunidade 19[…] shall be convened once again according to formalities contained in Art. 47, in order to arrange for the new election in accordance with the judgement of that Tribunal.

20[“Provided that in case of allegations of irregularities concerning the voters' list or any matters relating to the elections, the Government or the Collector or any officer authorised by the Government, in this behalf shall have powers to postpone the elections or appoint temporary managing committee or direct the Administrator to prepare a fresh voters' list or direct the Administrator or such other officer as may be specified by the Government to conduct the elections:

Provided further that any action by the Government or the Collector or any officer authorised by the Govermnent, taken on or after 30-11-2000 shall be deemed to have been taken in accordance with the above proviso.”]

Article 50.— Persons who have already served as members of the board shall not be 21[elected before the lapse of three years.]

Article 51.— In the Comunidades where it is impossible to find three able members, the board shall be appointed by the Governor General, on the recommendation of the Administrator and in the most convenient manner.

Article 52.— The board shall start functioning within the first three days of March of the year in which they are to take up the work, and its president shall communicate to the Administrator this fact. In case of arrears in the coffer he shall also inform whether the same arrears have been paid.

§ Only.— The members of the board, whether appointed or elected, shall continue until they are legally substituted.

Article 53.— The board may take decisions when, besides the president or his substitute, one of its members with deliberative vote is present. In case of equality of votes, president's vote shall be final.

§ 1. In case of simultaneous inability of the president and his substitute, the more aged affective member present shall preside. 18 Inserted by (Amendment) Goa Act 3 of 1998 [17-1-1998]. 19 Omitted by (Amendment) Goa Act 3 of 1998 [17-1-1998]. 20 Inserted the provisos by (Amendment) Goa Act 24 of 2001 [4-4-2001], published in the Official Gazette, Series I No. 2

(Extraordinary) dated 16-4-2001 and came into force on 30-11-2000. 21 Substituted the expression by (Amendment) Goa Act 3 of 1998 [17-1-1998].

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§ 2. The relatives upto 3rd degree by civil law shall not function as members of the board.

Article 54.— The registrar of the Comunidade is ex-officio member of the board, but he has only consultive vote which he may mention in the minute.

Article 55.— The board shall hold 12 ordinary meetings per year, the first one being in the first three days of March and the remaining in the first Sundays of the months of April to February.

§ 1. The first meeting of the year shall settle the affairs of the respective month and check the accounts of the previous year, emitting its opinion over the same, verify the balance in the coffer and hand it over to the new board.

§ 2. The Administrator may, when so requested by the respective board in special cases, or when the registrar is the same for more than one Comunidade, appoint any other day for the ordinary meetings. The registrar shall publish this change in the Government Gazette or in any newspaper of the taluka, if any, and by means of notices, at least ten days earlier, affixed in the places indicated in Art. 43.

§ 3. The meetings are open to public and will be held in the quarters reserved for this purpose, except when the board has any inspection to make to the lands of the Comunidade, and will start at 9.30 a.m., except other time is appointed by the Administrator for reasons mentioned in previous §, but in this case the registrar shall issue notices in any newspaper of the Taluka concerned and affix the same in the places indicated in Art. 43, with the anticipation of 10 days.

Article 56.— The president of the board may correspond officially with the authorities and public Offices of the respective Taluka.

Article 57.— In the Comunidades whose average income during the last nine years has been 22[inferior to Rupees 5,000/-, the allowance per meeting shall be of Rupees 50/- to the presidents and Rupees 25/- to every one of the remaining members of the board, with the exception of the registrar, and when the average income is higher than that amount, the allowance shall be of Rupees 100/- and Rupees 50/- respectively.] There shall not be more than 30 paid meetings per year, except in the case of three-yearly actions, in which the gratuity may go up to the total of 42 meetings.

§ 1. The president of the board or one who functions as such, and attorney and his substitute will also have right to respective gratuity when they take part in the meetings of the Comunidade. There shall not be more than 10 paid meetings per year. They will have no right to such gratuity when the meeting of the Comunidade and that of the board take place on the same day.

§ 2. When the No. of meetings, whether of Comunidade or of the administrative board, exceeds the total No. fixed up, the amount of gratuity corresponding to this total No. shall be divided by the Nos. of meetings held.

22 Substituted the expression by (Amendment) Goa Act 3 of 1998 [17-1-1998], published in the Official Gazette, Series I

No. 42 (Extraordinary No. 2) dated 21-1-1998 and came into force on 1-12-1997.

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§ 3. No gratuity shall be paid when the meetings of the Comunidade or board are not held and only a mention of this fact is made.

§ 4. In case, for the fault of the registrar, the minute of the meeting is not written, the members of the board shall have right to gratuity which will be paid by the registrar by order of the Administrator.

Article 58.— The president and the members of the board have right to conveyance allowance, as per the annexed charter, this right being restricted to the No. of meetings fixed up in preceding Art.

§ 1. The conveyance allowance shall not be paid to the president and attorney in duplicate when the meetings of the board and of the Comunidade are held on the same day and in the same village.

§ 2. The conveyance allowance shall be paid from the habitual residence of the members of the board.

Article 59.— When meetings are held on application of the interested parties the latter shall pay the gratuity and conveyance allowance to the members of the board.

§ Only.— The applicants shall firstly deposit in the hands of the registrar the corresponding amount, the latter shall issue the necessary receipt.

Article 60.— No pay sheets, whether of gratuity or conveyance allowance, shall be paid by the Comunidade without Administrator's order.

Article 61.— In the Comunidades where there is deficit, neither gratuity nor conveyance allowance shall be paid.

Article 62.— The member of the board who, for just cause, cannot be present at the meetings, shall participate it to the registrar in order that his substitute may be summoned, and shall also inform the latter directly.

Article 63.— The members of the board who remain absent without just cause to the meetings or any other act to which they should have been compulsorily present do not arrange for the convocation of their substitute, shall pay each time a fine of 60 escudos, ordered by the Administrator after giving hearing to the absentee. The registrar shall give notice of absence to the Administrator, failing which he is liable to pay the same fine.

Article 64.— The following are the powers of the Board:

1) To lease the lands and other property of the Comunidade.

2) To check the benefits of the renters of the lands, to supervise the services and works, to check the benefitted of the guarantors of all the renters.

3) To take measures in case of rupture of hedges of the paddy-fields, floods in the fields, leakage of waters on account of the rupture of hedges, risk of falling of the building of the Comunidade and other similar cases, in order to start without delay the necessary reparations, after close examination and assessment of the loss suffered with the help of an expert, if possible, and immediate auction, proceeded by cries in the

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village. The object of cries should be given in writing to the crier, and the Administrator should be informed or the occurrence and measures taken.

In case there are no bidders for undertaking the work of repairing, the board should start the work under direct management (on daily wages or wholesome contract basis), but in no case the expenses should exceed the amount assessed. When the repairing works are over the Administration of the Comunidade should inspect them within 5 days in order to take charge.

4) To invest the capital of the Comunidade, not reserved for the dividends, with the authorization of the Administrator:

a) In the purchase of shares of the same Comunidade. Such purchase is forbidden in the Comunidade where there are no "Jonoeiros".

b) In loans bearing interest not inferior to 4% on pawn of shares of Comunidades. When the persons obtaining the loan is a component of the Comunidade the interest shall be of 3%.

23[(c) In deposits in such manner as the Government may prescribe.]

5) To land on 4% interest, when there is unengaged money in the coffer, on the pawn of gold or silver or of the shares of the Comunidades, to the Comunidades, to the renters of the paddy-fields of the Comunidades, an amount not higher than the rent and other contributions of the paddy field taken in lease, and never for more than a term of 6 months.

6) To land equally, on the same interest and for a term not higher than one year, when there is unengaged money, to any Comunidade of the Taluka concerned, duly authorized by the respective Administrator, an amount not exceeding 6,000 escudos. Higher amount and or a higher term may also be lent after obtaining the authorization of the Governor General.

The loans should be registered in the miscellaneous book, and the Comunidade that obtains the loan should be represented by the attorney with special powers conferred by tha board, and all other legal formalities should be observed.

7) Take charge of the services of hedges, its paving, closure of the ruptures and other similar services which are common to the Comunidades, informing the Administrator of the result within 48 hours and affixing the same, by copies at the gate of the meeting place.

The bidders, however, may ask for the intervention of an expert selected by them, but in this case there will be three experts, the remaining two being appointed, one of them by the attorney of the Comunidade and the other by the Administrator. The expenses shall be borne by the respective bidder.

23 Substituted by (Amendment) Act 13 of 1998 published in the Official Gazette, Series I No. 8 dated 27-5-1988 and came

into force at once.

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8) Take charge of all the urgent works, and of the extraordinary works whose value does not exceed 1.500 escudos, in the manner prescribed in the preceding No. except what is contained in the second part of No. 3.

9) To decide the following:

a) The formation of centres of agricultural labourers by means of grant of lands and other advantages, and the financial help to be given to the Houses of People (Casas do Povo).

b) The formation of reserve funds and their investment as well as of other capital in works of agricultural development, in the acquisition of modern machinery, in the foundation and development of industries connected with agriculture, in the creation of agricultural and fisheries insurance, in the foundation of institutions of social assistance and providence for the benefit of its components and of the agricultural population of the respective village. The decisions of the board over the items of this No. shall be implemented only after the approval of the components who represent at least one-third of the social capital, and sanction of the Governor General, after consultation with Government Council.

10) To authorize the payment of dues to the bidders of normal services after taking charge referred to in the preceding No. The payment should not be made before the lapse of fifteen days over the handing over of the charge.

When there are complaints (reclamação) over the implementation of works the Administrator shall immediately suspend the payment and inspect compulsorily the works. The expenses of this inspection shall be borne by the complainant, when it is proved that the complaint is baseless. For this purpose, the respective Administration shall obtain from complainant the respective security document.

11) To exercise all the acts necessary for the administrative and financial handling of the Comunidade.

Article 65.— The expenses made or already paid in order to help the occurrences foreseen in No. 3 of the preceding Article require the sanction of the Governor General, with the previous consultation with the twenty major components of the Comunidade, when the same expenses exceed the amount of 3,000 escudos per each service, and the sanction of the Administrator is sufficient when the expenses are inferior to that amount.

§ 1. For this purpose the registrar of the Comunidade shall forward the pay-bill to the Administrator, signed by the president of the board 24[…] The Administrator shall forward it, along with his recommendations, to the Directorate of Civil Administration, or sanction it in case he has competence to do so according to what is contained in the present Art.

§ 2. When the expenses exceed 3,000 escudos, or when the Administrator deems it necessary, he will inspect the works alongwith the Engineer of the Comunidade

24 Omitted the words “and with the recommendations of the 20 major components, if necessary” by (Amendment) Goa Act

3 of 1998 [17-1-1998].

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(Técnico da Comunidade), before the recommendation or sanction he has to accord or during the course of the works.

§ 3. The Governor General may hold the board responsible, after giving previous hearing to the same board, for any abuse committed in the exercise of the powers conferred by No. 3 of the preceding Art.

Article 66.— The board should emit its opinion over all the decisions that the Comunidade takes on matters of its competence.

Article 67. — It is forbidden to the members of the board and their substitutes to outbid or to give security for in the auction directly or through a third party.

§ Only.— The third party means: the consort of the members, the person whose heir the member is likely to be, the nearest relative with whom the member lives under the roof and any person who, after mutual agreement with the member, outbids or transfers to the latter on a later date the thing obtained by auction.

Article 68.— The members of the board who infringe what is contained in preceding Art. are liable to pay fine ranging from 300 escudos to 3,000 escudos which will be imposed by the Administrator after due examination, and will not be allowed to be appointed or re-elected during a period of 3 to 9 years, settled by the Administrator according to the seriousness of the case.

Article 69.— The members of the board, appointed or elected, are not allowed to refuse the post, except by obtaining exemption from the Governor General and liable to pay a fine of 300 escudos, imposed by the Administrator, when they do not obtain the exemption and they will not be allowed to be re-appointed or re-elected during a term of nine years.

§ 1. When any of the elected members do not take charge of Office, with or without exemption, the Governor General shall appoint one in-charge to serve until the end of the term of three years.

§ 2. Exemption may be granted on the following basis:

1) Age of exceeding 67 years.

2) To suffer from sickness that inhibits the exercise of the respective functions.

3) To reside beyond 5 km. from the headquarters of the Comunidade.

4) To be in Government Service.

5) Any other grounds that the Governor General deems that may be taken into consideration.

Article 70.— When the board does not hold meetings on the appointed days for two consecutive times, the Administrator has powers to over-run the board, and may propose the dissolution of the elected group in case he deems it convenient.

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§ 1. The elected group of the board shall be dissolved by the Governor General after previous investigation and proving that their function would be prejudicial to the interests of the Comunidade. In this investigation all the accused shall be given the hearing.

§ 2. In cases of dissolution referred to in the present Art. and preceding §, the Governor General shall appoint persons to substitute them till the end of the respective term of 3 years.

§ 3. The members of the board dissolved shall not be re-elected before the lapse of 9 years with effect from the dissolution and shall pay the fine of 300 escudos each.

Article 71.— The president is empowered to institute appeal to the Administrator against the decisions of the board which are executory without any sanction of the higher authorities, and the Administrator may suspend immediately the implementation of the decision and take measures he deems fit in order to avoid damages to the Comunidade. The appeal shall be decided by the Administrator within 48 hours.

Article 72.— The President is specially empowered to:

1) To direct the work of the meetings of the board and Comunidade.

2) To maintain order in the meeting hall, driving away the persons who disturb it.

3) To participate to the Administrator whatever irregularities he notices in the services of the Comunidade.

4) To order for the seizing of the produce taken up by the renters of the fields without previous payment of rents.

5) To requisition the help of the authorities and public forces whenever necessary for the defence of the rights of Comunidade and maintenance of order in the meeting of the Comunidade and board.

6) To practise the other rights and fulfill all the duties attached to him by the present Code.

7) To submit to the Administrator yearly, until 31st January, a report of all the important facts occurred during the preceding year.

8) To control the services of the registrar, informing immediately the Administrator about the irregularities noticed.

§ 1. In case the president does not comply with what is contained in No. 7 and 8 above, he is liable to pay a fine of 300 to 600 escudos, by order of the respective Administrator.

§ 2. The acts practised by the president of the board are subject to appeal to the Administrator, and as regards the decisions of the latter there are all the appeals authorized in this Code according to the nature of the matter.

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SECTION V As regards the Attorneys

Article 73.— In each Comunidade there shall be an effective attorney and a substitute, elected three-yearly in accordance with Art. 41, or appointed by the Governor General in accordance with § 2 of the same Art.

Article 74.— The attorney who proves to be prejudicial to the interests of the Comunidade will be suspended by the Administrator and dismissed by the Governor General, on recommendation of the Administrator and after hearing the person concerned.

Article 75.— The attorney of the Comunidade is its representative and fiscal agent, and he is empowered to the following:

1) To keep vigil over the interest of the Comunidade.

2) To represent the Comunidade in any court of law, public offices or authorities.

3) To bring to the notice of the authorities or Comunidade the irregularities committed by the employees or agents and the usurpation of lands. In the latter case he may even oppose to it in accordance with the Art. 486 and 2354 of the Civil Code.

4) To attend the meetings of the Comunidade and intervene in its decisions and in the task of inscription and registration of the "Jonoeiros", in the closure of inscription of the shareholders and auctions, in the making of budget, in the preparation of the list of able components and assessment, in the elaboration of final accounts and in all the inspections that the board or the Administrator makes to the lands of the Comunidade, to the services and extraordinary works.

5) To control the ordinary and extraordinary works.

6) To produce within 15 days, in the Administration or in the registry— Offices (Conservatõrias) the documents of auction, security and other necessary for the registration of pawns on shares or mortgage, failing what he will be held partially responsible.

7) To institute appeal against all the decisions or orders contrary to the interests of the Comunidade and all the compulsory appeals.

8) To do everything for a good administrative and financial handling of the Comunidade.

Article 76.— The registrar will issue to the attorney as many copies of the minute of election as he may ask for, authenticated with his signature and with the embossed seal of the Comunidade.

§ Only.— The registrar who refuses to issue to the attorney, within 3 days, copies referred to in this Art., in case their No. does not exceed 9, will be charged-sheeted.

Article 77.— The Comunidade may at any time hold a meeting with the formalities laid down in this Code and dismiss the elected attorney, effective or substitute, when his activity is found to be basically prejudicial to the interest of the Comunidade, and elect another one in his place.

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Article 78.— It is the duty of the attorney to fulfil what is contained in Art. 379, within 15 days from the date of notification which shall be accompanied by the handing over of papers or documents on which the action will be based. The Secretary of the Administration shall make the referred notification and handing over of the papers.

§ 1. Within 10 days from the date of filing the suit, the attorney shall present to the Administrator a certificate to prove that the suit has been filed; failing what he is liable to pay a fine of 180 escudos by order of the Administrator.

§ 2. The Administrator who does not take action as recommended in the last part of the preceding paragraph will be suspended for a period of 15 days.

Article 79.— The special attorney, authorized to intervene in a suit in the name of Comunidade shall continue to do so until the final judgement, even though his term of appointment is expired, except when the Comunidade withdraws purposely the powers conferred.

§ Only.— If the suit is filed, by the ordinary attorney the lawyer selected by him shall be continued, even though the functions of the attorney expire and so long as the former is not legally substituted.

Article 80.— If, after filing the suit, the attorney keeps it pending for more than 3 months, the Administrator of the Comunidades, hearing the former and giving him the time of three days for his defence, will impose on him by a simple order a fine ranging from 150 to 900 escudos and prohibit him from appointment to any of the posts of the Comunidade and civil proceedings, if any, shall be instituted.

Article 81.— It is compulsory for the attorney to institute appeal against all the judgements and orders that put an end to the suit, when unfavourable to the Comunidade.

Article 82.— The attorney who recovers by administrative or judicial means the active debts of the Comunidade, shall have right to the percentage of 3% of the capital recovered, when the recovery is made after the seizure. If the recovery is made before the seizure but after 10 days of summoning, he will have right to 1% of what is paid by the debtor.

Article 83.— The attorney may correspond officially with the Administrator, president of the board and registrar regarding all the matters pertaining to the interests of the Comunidade.

SECTION VI

As regards the registrars of the Comunidade

Article 84.— Each Comunidade or each group of Comunidades shall have a registrar of 1st, 2nd or 3rd class, according to the attached table No. 2 - II.

§ 1. In the offices of the 1st class registrar of the Comunidades of Crumbling, Chorao-Caraim-Pass de Ambarim, Calapur-Cujira, Jua, Serula, Margao and Curtorim there shall be an assistant registrar with the category of registrar of 3rd class.

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§ 2. The Governor General may create posts of Assistant registrars in any other Comunidade where the bulk of work justifies such as a creation.

Article 85.— The registrars shall deposit with the Administrator security of 12,000, 6,000, 3,000 escudos, in the Comunidades of 1st, 2nd or 3rd class respectively, by way of immovable property situated in this State, shares of the Comunidade, pawns or currency, and only in view of a document proving the security stood for the Directorate of Civil Administration will issue the necessary orders for taking the charge of the office.

Only.— In case of transfer of the registrar from one Comunidade to the other, the security offered in the first Comunidade shall be considered valid for the second, without the prejudice of the responsibilities that the registrar has incurred in the former. Any addition to the security, if necessary, may be asked for.

Article 86.— The registrars who have not settled the accounts of the debtors of the Comunidade and the final accounts of the year within the time-limit prescribed in this Code, shall be liable to pay a fine equivalent to one-third of their annual salary, by order of the Administrator. Besides this, they will be solidarily responsible alongwith the debtors for the amount in debt, without the prejudice of disciplinary proceedings.

Article 87.— The registrars are subject to the general discipline of the public servants, having the same rights and duties, without prejudice of what is contained in this Code.

§ Only.— It is forbidden to the registrars of the Comunidade to intervene as experts in the suits of the Comunidade, except the cases wherein such intervention is imposed by the present Code or derives from the nature of their functions.

Article 88.— It is the duty of the registrars to:—

a) Keep books and accounts.

b) To maintain the records, if necessary at his residence, with the approval of the Administrator, when the Comunidade has no room to keep them.

25[All the land dealings and transactions shall be kept open and shall be made available at least for ten years. Copies of such land dealings or any such important matters shall be sent to the Administrator of Comunidades, for maintaining duplicate copies in his office;]

c) To issue summons and notifications in the area of the respective Comunidade.

d) Make enquires ordered for by the Administrator, within 5 days, and furnish the clarifications asked for by any component.

e) To present the accounts to the administration in accordance with this Code, being liable to civil responsibility for the same.

f) To summon the attorney to file suits, handing over to him the necessary documents.

25 Inserted the paragraph by (Amendment) Goa Act 3 of 1998 [17-1-1998].

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g) To notify the attorney of the Comunidade, within 3 days, as regards orders and instructions he might have received from the higher authorities, issuing him a copy thereof, if asked for.

h) To fulfil all the duties contained in this Code and those that may be determined.

§ 1. The work referred to in item a) above may be done by assistants selected by the registrar under his own responsibility.

§ 2. It is the duty of the assistant registrars to co-operate with the registrar in the maintenance of books and accounts and records, as well as to issue notifications and summons, when ordered for by the registrar.

26["3. All the documents and records of the Comunidades shall be under the custody of the registrar, who shall be responsible to the Administrator of Comunidades.".]

Article 89.— The registrars of the Comunidade and their assistants shall have compulsory residence in the headquarters of the Comunidade where they are posted. They will follow the time-table of the public offices, the compliance of which shall be controlled by the president of the administrative boards and by the Administrators of the Comunidade.

§ 1. In the Comunidades grouped together, the registrars shall follow the time-table in all the Comunidades on the day or days determined by the Director of Civil Administration on recommendation of the Administrator and published in Government Gazette.

§ 2. The weekly holiday for the registrars and his assistants shall be determined by the Governor General according to the requirement of the services.

Article 90.— The registrars may correspond officially with the members of the board and Administrator.

Article 91.— The acts of the competence of the registrar have public trust but the certificates issued by him are considered authenticated only when they carry embossed seal of the Comunidade.

Article 92.— In the Comunidade where there are no assistant-registrars, the registrars shall be substituted, in their absence or inability, by persons recommended by them and appointed by the Administrator.

§ Only.— The substitute appointed in this manner is solidarily responsible with the registrar, and when the substitution takes place on account of sick leave or absence due to death of family members or sickness proved by medical certificate, the substitute shall have right to the remuneration of two-thirds or half of the salary of the registrar, paid by the Comunidade, according as the substituted is a person alien to the Comunidade or a registrar of another Comunidade.

Article 93.— In the Comunidades where there are assistant registrars, the latter shall substitute to the registrar in his absence or inability, claiming the remuneration corresponding to one third of the salary of the registrar. This one shall be paid by the registrar, in cases not foreseen in § only of the preceding Art.

26 Inserted the paragraph by (Amendment) Goa Act 3 of 1998 [17-1-1998].

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§ Only.— To the absence and inability of the assistant registrar is applicable what is contained in the preceding Art. and its only §.

Article 94.— The registrars of the Comunidade belong to a general cadre and shall be appointed, promoted and transferred by the Governor General, in accordance with this Code.

§ Only.— The filling up of vacancies of registrars in the Comunidades of the Taluka of Quepem and Pernem and the respective salaries continue to be regulated by their own legislation.

Article 95.— The filling up of the vacancies of the 3rd class registrars shall be made through a public competitive examination, announced every two years, or before if justified by the necessity of the service, by the Directorate of Civil Administration. The minimum qualifications is the 2nd Cycle of the Lyceum.

1. The written test that shall have the duration of 3 hours will consist of : a) Draft of a note, information or decision over a given subject. b) Knowledge of the Code of Comunidades and of the Overseas Services Statute

(E.F.U.), in the part referring to the rights and duties and discipline of the public servants.

c) Arithmetic and accounts of the Comunidade. d) Typing.

§ 2. The jury of the competitive examination shall consist of two members appointed by the Governor General from amongst the heads of the division of the Directorate of Civil Administration and Administrators of the Comunidades of Goa, Bardez and Salcete, under the presidentship of the Director of Services. One of the sectional Heads of the 2nd Division shall be the Secretary of the jury.

Article 96.— The posts of registrars of the 2nd and 1st class shall be filled up by departmental examination for promotion among registrars of the 3rd and 2nd class respectively and assistants of the 3rd and 2nd class, with a minimum of three years service in the same class with good information.

§ 1. The departmental examination referred to in this Art. shall be open every two years, or before in case necessity, by the Directorate of Civil Administration and will consist of:

Written test, with the duration of 3 hours.

a) Draft of a note, letter, information or decision on a given subject.

b) Knowledge of the Code of Comunidades, Overseas Organic Law, Statute of Portuguese India and Statute of Overseas Services.

c) Oral test, with the duration of 15 minutes.

Questionaire over items (b) and (c) above.

§ 2. To this examination is applicable what is contained in § 2 of the preceding Art.

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Article 97.— The registrars of the Comunidade may be transferred to the Comunidades of the same category, when they apply within the time-limit fixed up in the announcement published in Government Gazette by the Directorate of Civil Administration. Preference shall be given in the graduation to:

1. More years put in the post that occupies the candidate, without any sort of disciplinary action taken against him.

2. More years of services in the Comunidades.

§ Only.— The registrars with more than 6 years services in the same post shall be compulsorily transferred. They will not be allowed to re-occupy the same before the lapse of equal period of time.

Article 98.— When a post of registrar is fallen vacant, and so long as the Government has not arranged for its filling up, the Administrator has competence to fill it up temporarily, in accordance with the general law. In case a registrar of other Comunidade is appointed in addition to his own duties he will receive 50% of the pay in addition to his own.

SECTION VII As regards the cashier

Article 99.— In each Comunidade, the member of the administrative board who is the attorney shall serve as cashier.

Article 100.— The cashier has competence to:

1. To receive at the cash office, in accordance with Art. 105, all the returns of the Comunidade as well as all the charges levied in accordance with this Code, according to the assistant and by order from the higher authorities.

2. To pay to the Administration of the Comunidades, monthly, in the first 3 days of each month, the respective ordinary and extraordinary tithes; to the Fazenda, in proper season, the land tax (contribuiçâo) and other dues; to the "Jonoeiros", shareholders, consignees and other credors of the Comunidade, yearly or in proper seasons, in accordance with this Code and according to the terms of the respective contracts, or in obeyance to orders from higher authorities the profits, dividends, interest, salaries or other installments.

3. To pay, by means of postal order, whenever possible and in the proper season, the profits, dividends, pensions, consignment (?) (consignações) or other credits due to religious and charitable institutions, by deducting from the amount payable the cost of the postal order.

4. To present to the Administrator, for being signed by him, and to the respective registrar, for registering in the respective book of the Comunidade, the receipts of the payment made to the Fazenda, within 3 days immediately following the days fixed up in the preceding No. Failure to do so shall be punished for the first time with a fine ranging from 300 to 600 escudos, and for the second time with suspension from duties. Both these penalties shall be ordered by the Administrator, after giving due hearing to the accused.

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Article 101.— The cashier who, after removing the amount from the treasury of the Comunidade, does not give it the required disposal within the time-limit will be imprisoned and shall be punished for the crime foreseen in Art. 313 of the penal code.

SECTION VIII As regards the coffers and the key-keepers

Article 102.— In each Comunidade there shall be an iron coffer with three keys, wherein all the returns, values and titles shall be preserved.

§ Only.— The coffer shall be kept in the headquarters of the Comunidade or in any other offering the necessary conditions of security; in special cases and with special authorization of the Governor General it may be kept in the building of the Administration or other building situated in the capital of the Taluka.

Article 103.— The key keepers of the coffer are the president of the board, the cashier and the registrar, who are all solidarily responsible for the defalcation therein found.

Article 104.— Each one of the key-keepers has one key of the coffer which cannot be opened without the presence of all.

Article 105.— It is the duty of the key-keepers to deposit in the coffer all the income of the Comunidade and make payments authorized by law or by order of the authorities, and when any of these acts are not accomplished for fault of any of them on the prescribed date, he will be liable to pay a fine of 60 escudos each time, by order of the Administrator who may raise it up to five times the same amount, according to the gravity and consequences of the fault.

1. The key-keepers who make payments not authorized by law or by order of higher authorities shall be solidarily responsible to the Comunidade for the amount of such payments.

§ 2. When any of the key-keepers has any doubts about the legality of the payment to make, the payment should be suspended and the Administrator should be informed of the doubt, who will clarify the matter within 3 days.

Article 106.— For the purpose of collection of returns and payment of expenses, besides, the days mentioned in Art. 489, the key-keepers will be present on the last Sundays of each of the months and on all Sundays of the months of March to May and September to December, or on all the Sundays covering the season of collection of the respective assessment (cálculo), from 9.30 to 12.30 in the headquarters of the Comunidade, when the coffers are in the respective village, and from 9.30 to 12.30 of the following day in the building where the coffers are located, when the latter are in the building of the Administration or other building situated in the capital of the Taluka.

Article 107.— For the extraordinary openings of the coffer, the president and the cashier have right to the emoluments mentioned in table No. 3 when such openings are applied for by the interested parties.

Article 108.— The president and the cashier, besides the gratuity they earn for being present at the meetings of the board, may claim as an yearly salary 2% of the returns

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collected, after being authorized by the Administrator. One third of this amount shall go to the president and two thirds to the cashier. This salary will in no case exceed 3,000 escudos.

§ Only.— In the Comunidades in deficit there will be no payment of the percentages referred to in this Art.

Article 109.— In the coffers of the Comunidades of 3rd, 2nd and 1st class, it is not allowed to have in deposit amounts superior to 3,000, 4,500 and 6,000 escudos respectively.

Article 110.— The amounts exceeding the limit fixed up in preceding Art. shall be deposited by the cashier in the Co-operative Bank in the name of the respective Comunidade, and subject to the following rules:

1. The amount to be deposited shall be handed over to the cashier after entry in the cash book.

2. No amount shall be handed over to the cashier for the 2nd deposit unless and until he produces and keeps in the coffer the provisional receipt of first deposit.

3. The cashier must present in the office of the registrar the provisional receipt within 3 days following the day of taking up the money for deposit, failing what the respective registrar shall inform the Administrator for legal action.

4. The taking up of the amount shall be made by a receipt signed by all the key-keepers and with the visa of the Administrator.

Article 111.— The Administrators of the Comunidades shall forward to the 27[Co-operative Bank or where such Bank is not in operation, in the Post Office Savings Bank as the case may be de Goa] the names of the key-keepers of the coffers of each Comunidade, alongwith their specimen signature authenticated by the Secretaries of the Administration to be compared with at the time of reimbursement. The charge of key-keepers, if any, shall also be duly informed to the "Caixa".

Article 112.— Every three months, and possible during the months of January, April, July and October, the Comunidades shall forward to the 28[Co-operative Bank or where such Bank is not in operation, in the Post Office Savings Bank as the case may be de Goa] the deposit books for being conferred.

Article 113.— The orders for reimbursement, even in case of endorsement, will be issued free of charge and with the exemption of taxes (Sale).

Article 114.— In the normal season of payment of "Jonos" and dividends the key-keepers shall calculate the amount that is necessary for such payments, by drawing the average of the payments made in the same season during the last three years. This amount shall be taken from the 29 [Co-operative Bank or where such Bank is not in operation, in the Post Office Savings Bank as the case may be de Goa] not more than 8 days earlier.

27 Substituted by the Amendment Act 3 of 1998[17-1-1998] in place of words and figures “Caixa Economica de Goa”. 28 Substituted by the (Amendment) Act 3 of 1998 [17-1-1998] in place of words and figures “Caixa Economica de Goa” 29 Substituted by the (Amendment) Act 3 of 1998 [17-1-1998] in place of words and figures “Caixa Economica de Goa”

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Article 115.— In the balance books referred to in Art. 466 shall be distinguished in separate figures the balance in money and in deposit in the 30 [Co-operative Bank or where such Bank is not in operation, in the Post Office Savings Bank as the case may be de Goa.]

§ Only.— A copy of the sheet of receipts and expenditure of each Comunidade shall be affixed by the registrar at the entrance of the meeting place.

CHAPTER III As regards the Administration of the Comunidades

SECTION I General Law

31[Article 116.— (1) In the State of Goa, there shall be three Zones of Comunidades, namely:—

(i) Central Zone; (ii) North Zone; and (iii) South Zone; and there shall be separate offices of Administrator of Comunidades in each Zone. (2) The Comunidades of Tiswadi and Ponda Taluka shall be under the Central Zone.

The Comunidades of Bardez, Pernem, Bicholim and Satari Talukas shall be under the North Zone, and the Comunidades of Salcete, Mormugao, Quepem, Sanguem and Canacona Talukas shall be under the South Zone.]

Article 117.— The Offices of Administration of Comunidades shall be considered for all purposes as public offices.

SECTION II As regards the Administrator

Article 118.— In each of the offices of 32[Administration of Comunidades of Central Zone, Panaji; South Zone, Margao; and North Zone, Mapusa], the respective Administrator shall be appointed by the Governor General 33[on deputation from amongst the Junior grade officers of Goa Civil Service] 34[…].

§ Only.— The Administrators of the Comunidades may be transferred when such transfer is convenient to the service.

Article 119.— The Administrators of the Comunidades are administrative magistrates and take oath of loyalty before the Governor General.

Article 120.— The Administrators of the Comunidades must have their residence in the capital of the respective taluka, and they are not allowed to remain absent from the same without the authorization of the Governor General. 30 Substituted by the (Amendment) Act 3 of 1998 [17-1-1998] in place of words and figures “Caixa Economica de Goa” 31 Substituted by (Amendment) Goa Act No. 11 of 1994 [11-5-1994]. Published in the official Gazette, series I No. 8 dated

27-5-1994 and came into force on 1-1-1982. 32 Substituted by (Amendment) Goa Act No. 11 of 1994 [11-5-1994] and deemed to have come into force on 1-1-1982. 33 Substituted the expression by (Amendment) Goa Act 3 of 1998 [17-1-1998], and come into force on 1-12-1997. 34 Omitted by (Amendment) Goa Act No. 11 of 1994 [11-5-1994] and deemed came into force on 30-6-1993.

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Article 121.— The Administrators of the Comunidades shall be substituted during their absence and inability by the secretary of the respective administration and, during the absence or inability of the latter, by the Administrators of the taluka (Mamlatdar).

Article 122.— It is applicable to the Administrators of the Comunidades and to their legal substitutes, when in charge, what is contained in Art. 67 and its only §.

Article 123.— The Administrator shall correspond officially with the public servants, authorities and public offices and issue orders to his subordinates.

Article 124.— Mistrust (suspeição) may be applied against the Administrator in the suits he will have to decide, in accordance with the Civil Procedure Code.

Article 125.— The Administrator of the Comunidade has competence to:

1. To accomplish and make accomplish the rules contained in this Code, the contracts entered into by the Comunidade and all the resolutions and decisions of the higher authorities.

2. Maintain order and discipline in the services of Comunidades under his control. 35[3. To order for the preparation, in October of each year, of the budget of the

Administration of each Zone, dividing it proportionately among the Comunidades based on their annual income, and submit it for the approval of the Government.

The income of the tithes of “dessaides” shall be included in the budget of the Administrator of Comunidades of North Zone.]

4. To arrange supplementary tithes when it is necessary to make extraordinary expenses duly authorized.

5. To notify the Comunidades and the parties concerned, until 15th December, as regards the installment of ordinary tithe they have to satisfy, and later on as regards the extraordinary tithe, and arrange for the collection of those installments, voluntary or coercive, in accordance with this Code.

6. Sign the opening and the closure of the books referred to in Art. 440 and 445 or entrust the secretary or the clerks of the Administration with this work, when it pertains to the books of Comunidades.

7. To preside over the inspection in sport and auctions as well as handing over and possession of the transferred lands.

8. To inspect the books and accounts of the Comunidades to control the duties of the registrar, mainly regarding the timing of work and the fixation of residence, and deal with the irregular facts in accordance with this code.

9. To sanction the yearly sheets of receipts and expenditure of the Comunidades and the assessment and conditions of ordinary auctions.

35 Substituted by (Amendment) Goa Act No. 11 of 1994 [11-5-1994] and deemed to come into force on 1-1-1982.

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10. To inspect the records and check the balance in the coffers, when he deems it convenient or when it is applied for, assessing the deviation of books or money from the coffers.

11. To act with the powers of the board in such cases and under such terms as contained in Art. 10.

12. To attend, whenever he deems to convenient, the meetings of the Comunidades and those of the administration boards.

13. To suggest the appointment and dismissal of the president of administrative board, the dissolution of the elected part of the latter, in accordance with this code, and the appointment of persons who should function as members of the board, in cases of § 2 of Art. 41 and 51 and § 1 of Art. 69.

14. Obtain the oath of loyalty from his subordinates as well as members of the board and other servants of the Comunidades. He may however entrust the president of the board who has given his oath of loyalty with this task.

15. To authorise the payment of percentages referred to in Art. 108 of this Code.

16. To propose to the Governor General the meetings of the Comunidades in its headquarters or in the building of the Administration and order the meetings of the board in these places.

17. To authorize the extraordinary meetings of the Comunidades and boards when they are not convened by the president.

18. To exercise disciplinary competence in terms of law and apply the punishment established in No. 1 to 3 of Art. 354 of the Statute of Overseas Services (E.F.U.)

19. To decide the petitions for registration or enumeration.

20. To take measures for temporary filling up of the post of registrar.

21. To take notice of and decide all the petitions, claims and appeal that might be instituted against the acts that are not within the competence of higher authorities, and offer his comentary over all the cases that have to go for the decision of the Governor General or Administrative Tribunal.

22. To act in accordance with Art. 371 and the following few, regarding usurpation of the lands of Comunidades.

23. To authorise the Comunidades to file suits in accordance with Art. 9 as well as the necessary expenditure.

24. To authorize yearly expenses, occasional or unforseen, which are not for any other sake than that of Comunidades, upto the limit of 1.500 escudos and the advance of amounts necessary for covering the ordinary and extraordinary expenses, duly authorized, when they are not foreseen in the respective assessment or contract as well as the expenses necessary for the defence of suits instituted against the Comunidades.

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25. To remain or to order the retention of the profit of "Jonos", dividends or any other credits that the debtors may have in the Comunidades until the latter are paid their dues, when these dues have not been guaranteed for.

26. To arrange for the coercive collection, in terms of Title V, of the credits of Comunidades, he acting as judge in the respective suits.

27. To distribute among the clerks in charge of suits for recovery of debts, equally and by lots, in 3 classes, according to the value referred to in § 1 of Art. 627, the suits for recovery of debts referred to in the preceding No.

28. To check before the 31st of October of the next year the yearly accounts of the persons responsible to the Comunidade, sending the respective map to the Administrative Tribunal before the 15th November. Failure to do so will be fined with 5% of the respective returns.

29. To forward to the Fazenda Office of the taluka, every month a list of the remissions made in the preceding month, and a note for the payment of tax (sale) for the transmission of shares and for the respective levy corresponding to the common emoluments recovered in the previous month.

30. To take charge of the services and extraordinary works worth more than 3000 escudos and of the ordinary works in case of appeal or claim (reclamação) against the charge taken by the board.

31. To present to the Governor General, before the 31st of March of every year, a report of the management of the Comunidades in the preceding year, by referring therein to the important facts of his administration and devising means that he thinks fit for increment and improvement of agriculture. This report shall be accompanied by a statistical map of the works of administration a map showing the movement of the shares of Comunidades, made according to model No. 5, a map showing the dividends and "jonos" distributed by each and every Comunidades in each of the last 9 years, a map showing the long term leases (aforamentos) granted and a map showing the extraordinary expenses incurred by each Comunidades in the preceding year and other maps he deems necessary. Failure to do so will be punished with a fine equivalent to the salary corresponding to the No. of days of delay.

Article 126.— The decisions of the Administrator are subject to appeals appointed by law.

SECTION III

As regards the office of Secretary and his personal

Article 127.— In each of the special administrations of the Comunidades there shall be an office of the secretary controlled by the respective secretary, and a technical section in charge of civil engineer (técnico de obras).

In the offices of the administrators of talukas there shall be a section of Comunidades, under the control of the secretary of the same office of administrators.

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The total number of employment is shown in table No. 2- I. All they will form a single cadre.

§ Only.— It is applicable to the personnel of the administrations what is contained in Art. 67 and its only § and only § of Art. 87 and 97, the later one being partly applicable.

Article 128.— The Secretary is empowered to:

1. To maintain order in office, to distribute and regularise the service among the employees, when they are not defined by the administrator or by this Code.

2. To do the office work of administration, book-keeping and maintenance of registers, to check the sheets of returns and expenses, assessment, auctions and accounts, and all other duties imposed by this code and by order of higher authorities.

3. To draft the correspondence in accordance with the decision of the Administrator.

4. To put the respective serial No. in all the outwards correspondence, after being signed by the Administrator.

5. To offer classifications in order to effectuate confiscation and seizure of shares.

6. To have under his control and preserve the records of the administration.

7. To issue when ordered, summons and notifications in the suit itself.

Article 129.— The clerks (auxiliaries) have the following duties to perform :

1. To help the secretary in his functions, exercising all the acts ordered by the Administrator or secretary.

2. To write and type memorandum, letters and other correspondence in the basis of the respective drafts.

§ Only.— In the special offices of Administration of Comunidades, the seniormost clerk of 1st class shall substitute the secretary in his absence or inability.

Article 130.— The warrant clerks (official de diligências) have competence to deliver the summons and notifications and take the correspondence to the destination.

Article 131.— The peons are responsible for the cleanliness of the office and for any other service that might be determined by higher authorities.

Article 132.— The Administration of Comunidades shall have an iron coffer with three keys in order to deposit therein the returns of titles and of the Comunidades punished (Comunidades comissas), as well as the returns of pensions, in accordance with this Code.

§ 1. The key-keepers of this coffer are the Administrator, the secretary and the more qualified and seniormost clerk. They are solidarily responsible for any defalcation taken place.

2. In the same coffer there shall also be desposited but separately, the amount of court fees paid by the parties for the suits proceeding in the Administration. The entry of such amounts should be made in a special cash book maintained in the same lines as that of the coffer of administration.

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Article 133.— The general records of the closed books of the Comunidades shall be under the charge of Administration.

§ Only.— Every year there shall be filed in the general records room all the registers, cases wherein action has been taken and useful papers (papéis úteis) of the Comunidades after the lapse of 10 years.

Article 134.— The registers shall be preserved in closed shelves, separate for each Comunidade, or least in separate drawers for each Comunidade. Each register or group of cases shall bear a label describing the nature of the register and the year to which it belongs.

Article 135.— The secretary of the administration is the conservator of the general records, and as such it is his duty to accept all the books and papers referred to in Art. 454, § 2, issuing receipt to the registrars of Comunidades in one of the duplicates of the inventory referred to in Art. 137, § 2, and be responsible for their preservation, by fulfilling all the duties imposed by this Code to the registrars of Comunidades as regards the records of each Comunidade.

Article 136.— The Administrator shall order the binding of the books and copy out the obliterated ones, ordering the examination of the copies by two experts, and shall certify at the end of the copies its conformity with the original books, authenticate it and preserve the originals and the copies in general records.

Article 137.— The general expenses of the records shall be borne by the general coffer of the Administration, but each Comunidade shall pay the binding expenses as well as those of the copies, honorariums of the experts and the salary of the clerks recruited by the Administration for the purpose of making copies.

§1. According as the books, case and other papers, referred to in the only § of Art. 133 are sent to the general records, the corresponding note of dispatch shall be made in the inventory of each Comunidade.

§2. In the first fortnight of April, each year the president of the board, the attorney and the registrar of the Comunidade shall constitute a committee and sort out the books, case papers and other papers that, in accordance with what is contained in § only of Art. 133, should be sent to the general records, and the registrar shall send them to the administration before the 30th of the same month, accompanied by an inventory in duplicate signed by all the members of the committee.

§ 3. For non-compliance of what is contained in preceding §, the president of the board, the registrar and the attorney of the Comunidade shall pay each a fine of 300 escudos, by order of the Administrator.

§ 4. The Administrator of Comunidades who proves to be negligent in award of penalties referred to in preceding § shall be punished with a fine of 600 escudos.

Article 138.— Besides the duplicate of the inventories of each Comunidade, the general records shall have its own general inventory organized by the conservator and signed by the Administrator, after checking its accuracy.

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Article 139.— To the general records are applicable all the rules contained in this Code and applicable to the records of Administration and of Comunidades.

Article 140.— The certificates of general records shall be issued by the secretary of administration, without any order (despacho), the emoluments being common.

Article 141.— The civil engineer (técnico das obras) has competence to: a) To study and prepare the projects and budget of structure and ordinary,

extraordinary and urgent works. b) To intervene in the inspections destined to take charge of works, temporarily or

permanently, in cases where the Administrator has competence to do it, in accordance with this code.

c) To control and check the execution of all the services and works, whether ordinary, extraordinary or urgent, by his own initiative or when ordered by the Administrator.

d) To co-operate with the Administrator in matters of his speciality.

Article 142.— The "Apontadores" shall assist the engineers in all the services of his competence and to do the routine work of the technical sections as determined by higher authorities.

Article 143.— In the talukas of Ponda, Mormugao, Bicholim, Sanguem, Canacona, Quepem & Pernem the functions of civil engineer shall be in charge of the Head of the Technical Division or section of the respective Municipality; with right to draw the gratuity referred to in the attached table No. 2-I.

§ Only.— In the absence of the Head of the Technical Division or Section of the Municipality, any engineer may be entrusted with the study or elaboration of the projects.

Article 144.— The works of the Comunidades may also be studied by the Heads of the agricultural divisions and by the technicians of special brigades appointed by the Govt.

Article 145.— The filling up of the post of secretary of Administration of the Comunidades shall be made through a public competitive examination among the first class clerks and first class registrars with a minimum of 2 years service in that class and good service information. The admission to the examination shall only depend on production of a certificate in proof of the referred service.

§ Only.— The test shall consist of the following:

Written test: with the duration of 3 hours: a) Draft of recommendation or proposal over a given subject. b) Knowledge of Code of Comunidades, Overseas Organic Law, Statute of

Portuguese India and the Statute of Overseas Services. c) Elementary mathematics and accounts of Comunidades. Oral test: with the duration of 15 minutes. Oral test … Questions over the matter referred to in item b) of the written test.

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Article 146.— The posts of clerks of 1st class shall be filled up by a competitive examination among the clerks of the 2nd class and registrars of the 2nd class, with a minimum of 3 years service with good information in the respective class, the admission to the examination shall only depend on production of a certificate in proof of the referred service.

§ Only.— The test shall be similar to the one established for the competitive examination of registrar of 1st class.

Article 147.— The filling up of posts of 2nd class clerks shall be made through a competitive examination among the 3rd class clerks and registrars of the 3rd class, with a minimum of 3 years service with good information in the respective class.

§ Only.— The test shall be similar to one devised for the registrars of 2nd class, and a typing test.

Article 148.— The posts of 3rd class clerks shall be filled up through a competitive examination, similar to one foreseen in Art. 95 for registrars of 3rd class.

Article 149.— The competitive examinations referred to in the preceding Articles shall be announced by and take place in the Directorate of Civil Administration, in accordance with Art. 95, and the following ones of this Code.

Article 150.— The posts of bailiffs shall be filled up through a documental competition (concurso documental) announced by the respective administration, the minimum qualification being the 4th Standard of Primary Education in Portuguese.

Article 151.— The posts of civil engineer shall be filled up by contract according to the terms applicable to the contracts for offer of services to the State, through a documental competition announced by the Directorate of Civil Administration.

§ 1. The minimum qualification for admission to this competition is a Degree or Diploma in Civil Engineering or equivalent qualification.

§ 2. The jury for the competition shall be composed of 2 members appointed by the Governor General, under the presidentship of the Director of Civil Administration.

Article 152.— The posts of "apontadores" shall be filled up by contract, through a competitive examination according to the terms established for the filling up of similar posts in the Municipalities.

§ Only.— The jury for the competitive examination shall be composed of the civil engineer and Head of the Technical Division of the Municipality under the presidentship of the Administrator.

CHAPTER IV The competence of the Governor General

Article 153.— The Governor General has the following competence:

1. To appoint, contract, promote, transfer, grant retirement and dismiss the Administrator and employees of the Administration and of the Comunidades, in accordance with law.

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2. To institute disciplinary precedings against the Administrators and the personnel referred to in the preceding No., in terms of law, and grant them leaves.

3. To appoint and dismiss the effective and substitute presidents of the administrative boards, to dissolve the elected part of the latter and appoint persons he deems fit to substitute them, in accordance with this Code.

4. To approve the urgent expense in terms of Art. 65.

5. To authorize the meetings of the Comunidades in the headquarters of Administration and order the Administrator to attend them in the place where they take place ordinarily.

6. To authorize occasional expenses or unforseen expenses higher than 1.500 escudos and the extraordinary expenses recommended by the respective Comunidade.

7. To compel the Comunidades to employ the technical means necessary for the preservation of the paddy fields of one or two cultures and to grub up (clear a piece of ground to bring the land under the plough) the uncultivated lands capable of being cultivated.

8. To order, after hearing the Comunidades, the acquisition of machinery and instruments that facilitate and improve the agriculture, the national use of manures and the experiment of new culture and the creation of artificial pasture-lands for the fattenning of cattle.

9. To grant letting by leases (aforamentos), to authorize the exchange of lands of Comunidades and determine its reversion.

10. To grant long term leases.

11. To grant the extension of time-limit for bringing to culture the lands let by lease.

12. To grant to the renters of the paddy-fields the releasing of rent.

13. To authorize the payment in instalments of the debts to Comunidades.

14. To resolve the claims and appeals instituted against the decisions of the Administrator in question not subject to litigation.

15. To dissolve the punished (comissão) Comunidades that are under the conditions described in Art. 178.

16. To exercise all the remaining powers conferred by this Code.

17. To approve, after consulting the Govt. Council, the budgets of returns and expenses of the Administration of Comunidades and of the pensioners bank (Caixa de Aposentações).

18. And, in general, take notice of all the acts of the Administrator of Comunidades which do not fall under the jurisdiction of the Administrative Tribunal or common tribunals.

36[“19. To make rules for carrying into effect the provisions of the Code”.]

36 Inserted by (Amendment) Act 9 of 1985.[17-4-1985].

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37[20. To direct the Administrator of the Comunidade, without prejudice to any other remedy provided by law, to recover such amount or sum due, if any, from the Comunidade as arrear of land revenue and for this purpose the Administrator thereof may forward to the Collector a certificate as early as possible in the prescribed form mentioning the sum due from such Comunidade and requesting that such sum may be recovered as if it were an arrear of land revenue.]

CHAPTER V As regards the Administrative Tribunal

Article 154.— The Administrative Tribunal is empowered to: 1. Resolve the appeals instituted against the decisions of the Administrator of

Comunidades in matters subject to litigation as well as those pertaining to the sheets of yearly returns and expenses of the Comunidades.

2. Resolve matters pertaining to irregularities in the auctions of Comunidades verified and communicated by the Administrator as well as those alleged by parties in accordance with this Code.

3. To authorize the Comunidades to file suits, in accordance with Art. 9, save that is contained in Art. 353, § 3 of Art. 360, as well as to give up, confess or conciliate, and authorise the respective expenses.

4. Resolve the claims against the acts of Comunidades regarding questions pertaining to tithes, servages, distribution of matters, unsufruct of uncultivated lands or woodlands and common pasture lands, save when it is a question of verification and assessment of damages.

5. Confirm the assessments of fissures and the annulment of debts to Comunidades and pronounce the judgement over prescription (prescrição).

6. To check the yearly accounts of the “Caixa de Aposentações” (Pensioners' Bank).

CHAPTER VI Pensioners' Bank (Caixa de Aposentações)

Article 155.— The employees and other agents of Comunidades and Administrations have right to pension, in the same terms as those recognized to public servants, paid by the Pensioner's Bank.

Article 156.— The Pensioner's Bank shall have its headquarters in the City of Goa and its branches in the Administrations of Comunidades of Salcete and Bardez and in the talukas where exist Comunidades.

§ Only.— So long as the Pensioner's Bank has not got sufficient funds for the payment of pension, the difference shall be advanced by the Comunidades in proportion to their income.

37 Inserted by (Amendment) Act No. 15 of 1990 [11-9-1990].

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This advance shall constitute a debt of the Pensioners' bank and the latter shall repay it to the respective Comunidades as soon as it is in condition of doing so.

Article 157.— All the employees mentioned in Art. 155 shall have to register themselves as members of the Pensioners' Bank and contribute for the pension the instalments fixed up in Art. 439 and its § 3 of the Statute of Overseas Services.

Article 158.— The inscription of members referred to in preceding Art. shall be made within 30 days with effect from the date of appointment by the Secretary of the Administration of Comunidades of Goa, in Special book, without any more authorization.

Article 159.— The funds of the Pensioner's Bank shall be collected in the coffer of the respective administrations, but shall be kept separately.

Article 160.— The receipt of the Pensioner's Bank are as follows:

1. The monthly installments of the members.

2. The emoluments of the Administration.

3. Any legacies to the Bank.

4. Any amounts reverted in favour of the Bank.

5. The interest on the loaned capital.

6. 25% of "Jonos" and dividends "prescritos" (i. e. reverted in favour of the Comunidades for not being claimed during a sufficiently long time). The Governor General, as soon as he recognizes that the Pensioners' Bank has a fund of 4.800.000 escudos, should order the reversion of 50% of the percentage referred to previously in favour of the respective Comunidades.

7. Any other occasional returns.

§ 1. The Pensioners' Bank, as soon as it has disposable money, may give it in loan to any person or Comunidades, without prejudice to the amount necessary for the payment of pensions. If the loan is granted to any person, it must be under the guarantee of pawn of shares of Comunidades or gold or silver or mortgage of rustic property or of buildings.

§ 2. The loans granted to the Comunidades shall bear the interest of 2%, when the loan is meant for the agricultural development or improvement of its properties or acquisition of machinery or agricultural instruments. In other cases as well as in case of private individuals, the interest shall not be less than 3% for loans, less than 8.000 escudos, and 2.5% for loans of less than 8.000 escudos, and 2.5% for loans of higher amounts.

§ 3. The loans of less than 8.000 escudos, repayable within one year, may be made through "termo" and renewed for equal period of time when the party pays punctually the interest.

§ 4. The loans of more than 8.000 escudos shall be made by means of a public deed, with the previous sanction of the Governor General.

§ 5. The Government shall regulate what is contained in the preceding §.

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Article 161.— The following are the expenses of the Pensioners' Bank: 1. The pensions of the retired employees. 2. Other expenses inherent to the functioning of the Bank.

Article 162.— The book-keeping and the accounts of the Pensioners' Bank shall be in charge of the secretary of the respective Administration.

Article 163.— The Bank shall have 5 books: the "catalogue" for the registration of members, the "returns and expenses" book for the entry of the yearly budget, and the "cash book" for the movement of the coffer, the "current account" book for the current accounts of all the employees and agents in active service or retired ones, the “miscellaneous book”, for the entry of pawns of remissions and any other.

§ 1. The branches of the Pensioners' Bank shall have a “cash book”, for the movement of their coffer, and one for "current accounts" of the retired employees who are to be paid by the branches.

§ 2. All the books referred to in this Art. and in the preceding § shall be signed by the Administrator of Comunidades of Goa. He will also sign the opening and the closure of the book.

Article 164.— The ordinary budget shall be organized yearly in the month of October by the Secretary of Administration where the headquarters of the Pensioners' Bank is located, and shall be approved, under the recommendations of the respective Administrator, by the Governor General after consulting the Government Council.

Article 165.— The current accounts book, that is yearly one, shall be organized before the 15th October of each year and therein shall be entered the credits and debits of all the creditors and debtors of the Pensioners' Bank, as per model No. 29 attached to this Code.

Article 166.— All the movement of the coffer shall be entered in the cash book, the deposit of money in the left page and payment in the right one, the latter being signed by one who received the money. The final accounts shall be signed by all the key-keepers, as per model No. 26 attached to this Code.

Article 167.— The Pensioners' Bank shall forward to its branches a list of the retired employees who are to be paid by the respective branches.

Article 168.— When there is deficit in the ordinary budget, the same shall be distributed among all the Comunidades, in order to enable the Bank to satisfy the dues. The Secretary of Administration shall forward to the branches, with administrator's visa, a note stating the amount that the respective Comunidades ought to give in advance. The branches shall collect these amounts corresponding to the respective taluka and send them to the Pensioners' Bank, after deducting the charges they are subject to.

Article 169.— If after the distribution of the deficit referred to in the preceding Art. there occur further deficit on account of new pensions or by any other reasons, there shall be a supplementary distribution, the respective amounts being paid immediately by the same Comunidades.

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Article 170.— The branches shall remit to the Pensioners' Bank before the 5th of each month, by postal order, the amounts collected by them in the preceding month, that is to say the difference between the returns and expenditure.

§ Only.— The same branches shall also send on the same day a table containing the monthly movement of the respective returns and expenses in order to enable the main office of Pensioners' Bank to organize the current accounts.

Article 171.— For the purpose of No. 6 of Art. 154, the accounts of the Pensioners' Bank shall be forwarded by the respective Secretary to the Administrative Tribunal alongwith the accounts of the general coffer.

Article 172.— All the amount that exceeds the sum-total of the payments to be made by the Bank by its branches shall be deposited in the 38 [Co-operative Bank or where such Bank is not in operation, in the Post Office Savings Bank as the case may be de Goa.]

CHAPTER VII Regarding insolvent Comunidades

Article 173.— Insolvent Comunidades are those whose Components have abandoned its administration or those which are not in condition of fulfilling its duties.

Article 174.— As soon as it is noticed that the Comunidades in conditions of the preceding Art., the Administrator shall convene the respective components, in case they are in No. of 5 more, for a meeting in the administration, in order to decide whether it is convenient for them to take charge of the management of the Comunidades.

Article 175.— The convocation shall be made through announcements in Government Gazette and in a newspaper published in the capital of the taluka concerned or, of the district, if there are no papers in the taluka. Such notice shall also be affixed at the gate of the Administration and of the temple of any religion or in any other public place of the area of the Comunidade.

§ Only.— If the No. of components is inferior than 20 and they are all residents of the taluka, the convocation shall be made by personal notification and no announcements shall be required.

Article 176.— The components, if they are in majority, that is to say half of the total No. plus one, shall decide by majority whether it is convenient or not for them to take charge of the management of the Comunidades.

Article 177.— In case they decide to take charge of the management the administration shall participate it to the Governor General.

§ Only.— When the decision is confirmed by the Governor General, consequently the board if formed, the management shall be handed over to them. Thenceforth the Comunidade shall be administered in the same manner as the other ones and subject to the rules contained in this Code.

38 Substituted by the (Amendment) Act 3 of 1998[17-1-1998] in place of words and figures “Caixa Económica de Goa”

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Article 178.— If the components do not hold meeting or after meeting they declare that they do not wish to take charge of the management, the Administrator shall take charge of its management.

§ 1. The rules prescribed in this Code are applicable to this management and the Administrator shall accumulate the functions of the Comunidade and of the board.

§ 2. The collection of the returns and credits of the Comunidade shall be auctioned every year.

§ 3. The Administrator shall appoint the attorney to represent the insolvent Comunidade. The appointment should fall on a component selected among the major five if any.

§ 4. In the case forseen, in this Art., if the income of the Comunidade is not sufficient to meet the expenses and if the respective components do not guarantee the payment of yearly deficit, the Governor General shall order its extinction.

§ 5. If the components guarantee the payment of yearly deficit, and if the same is not paid by the end of every year, current accounts shall be issued against the persons responsible for it, and if the non-payment extends for 2 consecutive years, the Governor General shall order the extinction of the Comunidade, irrespective of any hearing of the latter.

Article 179.— In the Comunidades whose extinction is ordered in terms of the preceding Art., the "tombação'' of its properties shall start in accordance with what is contained in Article 209 and the following ones. The "tombação" is, however, dispensed with when the income of the Comunidade is inferior to 3,000 escudos.

At the same time the registrars shall organize a list of its income not proceeding from lands, whatever be its origin, and declaring the origin of each item.

In the same way another list of the yearly but compulsory expenses shall be organized, contained all its debits.

Both these lists shall be presented to the Administrator alongwith the books where from the datas were taken. The Administrator shall order the conferring of the same and when found true shall approve them. In contrary case he will order the correction of the same.

Article 180.— When the work referred to in the preceding Art. is over, sale of the lands and other sources shall be announced, the auction being held under the rules contained in the Civil Procedure Code, in the relevant part.

§ 1. The price of the lands for auction is contained in "tombo 1" book. To this price shall be added twenty annuities of variable and invariable expenses, referred to in the same "tombo", and the price of the other returns shall be the sum of twenty annuities or instalments.

§ 2. The sale shall commence with these returns. § 3. The lands shall be auctioned, free of charge.

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§ 4. Only those lands and returns shall be sold where price, assessed in the auction, is sufficient to redeem the expenses contained in the list referred to in the 3rd paragraph of Article 179.

Article 181.— With the proceeds of the sale the remission referred to in § 4 of the preceding Art. shall be made, and the remaining lands and returns shall be handed over to the components so as the latter divide it in proportion to their rights.

§ 1. If the majority of components prefer the sale of all the estate, this will be done, and the proceeds shall be divided among them according to the right of each one and after deducting the remissions.

§ 2. If the Comunidade has no components, all the estate shall be sold out and the proceeds, after paying the remissions, shall be deposited in the 39[Coperative Bank or where such Bank is not in operation, inthe Post Office Savigns Bank as the case may be de Goa] in favour of the Pensioners' Bank.

Title II The working of the Comunidades and the procedure to follow

CHAPTER I As regards the capacity of the components

SECTION I The inscription of the "jonoeiros"

Article 182.— The inscription recommended in Art. 21 shall be open from the 1st to 31st of May, each year.

§ Only.— Any interested party may, however, apply the expiry of the said period for inscription in any season of the year, on payment of 6 escudos per inscription. This fee shall be totally reverted in favour of the Pensioners' Bank.

Article 183.— Those who wish the inscription should present to the registrar of the respective Comunidade documents in proof of the following:

1. To be a "Jonoeiro", in accordance with No. 1 of Art. 20.

2. To complete before the expiry of the time limit fixed up in the preceding Art. the age required by the private law of the respective Comunidade for acquiring right to the "Jono" of any kind, or the age of 21 years, if the private law does not mark any age limit.

The proof of age shall be made through a birth-certificate or any other legal document capable of dispensing it.

Article 184.— In the Comunidades wherein according to its private law, the orphans of "jonoeiros" acquire right to "jono" by the death of their father, before attaining the age

39 Substituted by the amendment Act 3 of 1998[17-1-1998] in place of words and figures “Caixa Economica de Goa”

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marked for such right, jure proprie, the same orphans by themselves, when they are over 14, or by their respective, when under-aged shall apply for the inscription, producing before the registrar of the Comunidade, in proper season, the filiation certificate and the death certificate of their father.

Article 185.— The widows of the "Jonoeiros" who have not left masculine heirs and the maid daughters of the same, orphans of the both the parents, who have no brothers in the Comunidades wherein, according to the private law, they receive a part of the "Jono" or life-time pension, during the widowhood or during the state of maid, shall apply for inscription presenting to the registrar of the prospective Comunidade the following documents:

1. The widows: death certificate of husband and a certificate obtained from the respective parish-priest or parish-board or patil, in proof of not having male heirs.

2. The maid daughters: birth certificate or other document with the same value and the death certificate of their father and a certificate declaring that he did not leave any heir, brother of the applicant for inscription.

Article 186.— The registrars and the attorney of the Comunidade, checking the authenticity of the documents, shall verify if the name of the father of the applicant is registered in the "catalogue", and if it is found, they will register the name of the applicant in the respective class. This rule is applicable to the widows and maid daughters referred to in the preceding Art.

§ 1. If the registrar and the attorney are not able to do the inscription on the day the applicant presented the documents, the registrar shall keep the documents with him and pass a receipt to the applicant, mentioning the No. and the nature of the documents, and call him on any of the first 8 days of the June of the respective year in order to take delivery of the copy of the inscription, or the documents accompanied by a declaration of refusal, and returning to the registrar the receipt.

§ 2. If the applicant is not in condition of being inscribed in accordance with this Art. inscription shall be refused and he will be given at the same time or on a fixed date, in terms of the preceding § a declaration containing the reason for refusal, written and dated by the registrar and signed by the latter and by the attorney. The party concerned may lodge an appeal to the administrator against the said refusal, within the following ten days by attaching the said declaration.

§ 3. If the attorney and the registrar do not agree as regards the sanction of the inscription, the matter shall be resolved by the board and, in this case, instead of declaration of refusal shall be given to the interested party a copy of the respective minute mentioning the date of handing over. This copy shall be issued by the registrar, and therewith the party may lodge an appeal to the Administrator within the following ten days.

§ 4. The inscription already sanctioned shall be exhibited in the meeting hall during the first fifteen days of the month of June for the components to take cognizance.

§ 5. Against the inscription unduly sanctioned, any component may lodge the appeal to the Administrator within 10 days, demanding the exclusion of the persons inscribed.

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The Administrator, shall hear the inscribed person, the registrar and the attorney, shall attach to the suit a copy of the inscription and the document of which the inscription was based and decide accordingly.

§ 6. The power of inscription conferred to the registrar and attorney is restricted to the case wherein the father or the grandfather of the applicant is registered in the "catalogue".

Article 187.— In the cases not specified in § 6 of the preceding Art., the inscription may be applied for to the Administrator in any season of the year. The Administrator shall organize the case-papers in terms of Article 390 and the following ones, with the intervention of the Comunidade. Documental evidence and, in its absence, the Judicial Habilitation shall be admitted.

Article 188.— In case of any claim against the inscription of any component, the latter shall enjoy his rights and obligations from the date wherein the decision is considered final.

Article 189.— If the claim or the refusal for inscription is granted, the interested party may produce other evidence and renew the demand.

Article 190.— The resolutions of questions relating to the habilitation and legitimity of the applicants for inscription is within the jurisdiction of the Administrative Tribunals. All the questions relating to the rights of the third party or of the Comunidade against the applicant or against the component inscribed shall fall within the jurisdiction of the common courts of law.

Article 191.— What is contained in § 1 of Art. 22 shall be applicable to the widows, orphan sons and maid daughters of the "Jonoeiros" who in terms of Art. 184 and 185, have right to a part of "Jono" or pension.

Article 192.— When the inscription is made according to model No. 6 a copy of the same inscription shall be handed over to the party concerned when he applies for it.

§ 1. The copy shall contain the corresponding serial No., name, filiation, age, place of birth, residence and the quality of the inscribed person and, at last, the No. of the file wherein the documents are filed by the Comunidade or reference to the book or Notary Public's Office where they were obtained.

§ 2. The inscription shall be dated and signed by the registrar as well as by the attorney and by the component who applied for it, or by two witnesses when the latter does not know to write.

SECTION II As regards the admission of the "jonoeiros"

Article 193.— Every year, and in the season prescribed in Art. 182, there shall start the admission of the already registered "Jonoeiros", as well as widows sons and daughters who have in the Comunidade the interest mentioned in Art. 184 and 185, thus proving their existence upto the 30th of April last.

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§ 1. The following authorities are empowered to issue life certificate the village board, patil, parish-priest, consular representative missionaries and the Administrators of taluka or Comunidades.

§ 2. The certificate referred to in the preceding § may be substituted by a document signed by the component himself during the season that gives him right to admission, the signature being attested by the notary public or the registrar of Comunidade, as well as by a declaration of the parents, wife or son of the interested party or, for want of it, by a declaration of any component of the respective Comunidade, which one shall be made before the registrar in the presence of 2 witnesses who should also be components.

§ 3. There is no, however, the need of producing the documents referred to in the preceding § when the component presents himself personally. His presence is sufficient for admission, provided he is known to the registrar or to the attorney of the respective Comunidade or to components who may guarantee so under their one responsibility by names of a declaration signed by them along with the interested party. This declaration shall be filed.

§ 4. The admission shall be made according to model No. 7.

§ 5. It is applicable to the admission what is contained in §s 2 to 5 of Art. 186.

§ 6. Against the refusal of admission, or against its irregularity or commission or against the admission unduly done, there may be instituted the same appeals and claims as are established for the inscription.

Article 194.— The "Jonoeiros" already inscribed who do not arrange for his yearly admission, cannot claim the "Jonos" in the omitted year but he can claim them in any other year in which he applied for his admission provided he has right to do so.

§ Only.— In the case foreseen in this Art. and in Art. 187, the registrar shall separate in the returns and expenses sheet of the year in which admission takes place the amount in due to be paid to the "Jonoeiro" creditor.

Article 195.— When the "Jonoeiro" expires before admission, his heirs may receive the "Jonos" pertaining to the preceding years, without prejudice of what is contained in § 3 of Art. 21, after offering proof of being heirs by a judgement obtained within one year from the date of death.

Article 196.— The orphan sons, the maid daughter of the "Jonoeiros" and the widows of the latter shall not be admitted in the year of the death of their parents or husbands, if the latter expire after having recovered the "Jono" of that year.

Article 197.— In the Comunidades where there is deficit the admission shall be made officiously by the registrar who will inform this fact to the interested parties in writing, following the rules contained in this section.

Article 198.— Until 30th June of every year, the registrar of the Comunidade shall forward to the administration the inscription as well as the admission books for visa.

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SECTION III

As regards the inscription of the shareholders

Article 199.— The inscription of the shareholder, prescribed in § 1 of Art. 22 shall be made in the respective Comunidades, for what the following rules shall be observed:

1. One who wishes to be inscribed shall present to the registrar of Comunidade a certificate issued by the Secretary of administration and signed by the administrator showing that one or more shares of the same Comunidade are registered in his favour or the share itself with a note signed by the Administrator.

2. The registrar of the Comunidade shall examine whether the transferred shares are entered in the inscription book in the name of the transferer, and only in this case the inscription of the latter shall be cancelled partly or wholly according as all or a part of the shares are transferred; then he will inscribe the name of the person who presented it as the holder of the shares mentioned in the certificate or title presented.

3. If in the inscription book of shares, the latter are not found to be registered in the name of the transferer, inscription shall be refused and a note of refusal shall be issued to the person who presented them. The party may lodge an appeal to the administrator alongwith that note.

Article 200.— The inscription of the shareholders may be done in any season, but on the last day of the month of May of every year the registrar of the Comunidade and the attorney shall close the inscription book by making the grand total of the shares inscribed and comparing this total with the one appearing in map No. 8. He will certify whether these totals tally and sign thereafter the closure of the inscription.

Article 201.— Before the 30th June, every year, the registrar of the Comunidade shall forward to the administration the inscription book of the shareholders for signature.

SECTION IV

As regards the inscription of the pensioners and of the shares

Article 202.— The inscription of the fixed annual pensions like "acas, formas, votonas, tainatas" and others that the Comunidades pay to persons alien to the Comunidades, as well as the inscription of the sharers referred to in No. 3 of Art. 2, shall be applied for to the administrator, by attaching to the application documents in proof of transfer.

Article 203.— It is not allowed to inscribe in the name of the applicant the pensions and shares (Participações) that are inscribed in the name of person other than the transferer of the person whose representative is the latter, except when by a judgement against which there cannot be any appeal for the lapse of time it is recognized to the applicant the right to them, and in this case the inscription shall be made.

Article 204.— There is no place for inscription when the person in whose name the pensions or shares (Participações) are inscribed transfers them with the reserve of the usufruct, and, if the property is transferred to one person and the usufruct to the other, the

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inscription shall be made in first place in the name of the usufructuary, with the declaration of this capacity, the inscription of the proprietor shall be made when the property is consolidated alongwith the usufruct.

Article 205.— Provisional inscription in the name of the head of family is permitted when this capacity is proved by means of a certificate of the inventory in course, and in the name of the seniormost person of a joint family, when a document in proof of its being legally constituted is produced.

Article 206.— Once the application is accepted, the desire for the inscription shall be announced in two consecutive editions of Government Gazette, in order that appeals be instituted against the same within 60 days from the date of the 2nd edition.

§ 1. At the expiry of the time-limit, the appeal or a negative certificate, as the case may be, shall be attached to the application, and the registrar of the Comunidade and the administrative board shall be consulted.

§ 2. Seeing the proof produced, the administrator shall resolve the case.

§ 3. These inscriptions shall be made in special books that the registrar of the Comunidade shall forward to the administration before the 30th June every year for signature.

Article 207.— The inscriptions referred to in this section are subject to what is contained in § only of Art. 418.

CHAPTER II

Of Registers

SECTION I

Of Register No. 1

Article 208.— Register No. I is a list of all the properties of the Comunidades which are shown in table No. 1 and description of the sources of other incomes not connected with private properties.

Article 209.— The elaboration and revision when necessary of register no. 1 is compulsory in all the Comunidades and it should be done in as short a period as possible and according to the rules below:

I st- The fields with exception of those which come under Art. 325 will be divided in plots, the area of which will be generally between 0.5 hectares to 1.00 ha. unless special conditions make it advisable to increase or decrease some of them.

2nd- Map will be made of all rustic property of the Comunidades in which different properties will be separated and where the number of plots in which each property is divided will be shown. All the plots and urban properties will be properly numbered, named, their boundaries fixed, the confining owners shown, measured and evaluated with all the necessary indications to establish their individuality and identity which will be

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given by the map and the surveyors register (Type No. 9) which should accompany it (the map) all the plots being given the number which corresponds to it, in the general numbering of the properties of the Comunidade.

3rd- The names of the plots should generally be different from the present nomenclature which should be changed or added to for better identification of the property.

4th- The fixation of the boundary shown will be done by the Comunidade who will prior to this auction, the supply of the boundary stones which, it deems will be necessary by elaborating an estimate in advance which should receive the sanction of the administrator.

5th- The boundary stones will be of hard stones and of two types the one for making the periphery of each separate property will be of 0.22m. x 0.22 m. base by 0.80 height. The others for making the plots will be of the same shape but with 0.50 height. In firm ground like hilly places the heights can be reduced and this will be mentioned in the conditions of contracts. In sandy and other loose ground the height of the boundary stones can be reduced.

6th- The survey of properties will be so made that it is easy to determine the position on site of one or more boundary stones on its periphery by reference to be fixed and permanent points. Every time it is possible these references or connections will be in relation to trigonometrical survey points or to points which fix the boundary of the village and if at the time of the survey if a village map is available, the position of the property surveyed should be marked on the map. The result of the measurement will be entered in units of the metric system. In the area of each plot the fractions of square meter should not be taken into account and whilst dividing into plots as far as possible the longest straight lines will be used.

7th- The value of the plots of regular productivity will be calculated so that the net annual income of each of the previously calculated, is 7% of the respective value and the net income will be worked out in the following way: After production of a portion of the plot is calculated from the seed it takes, according to the nature of the soil, it shall be converted into cash taking as basis the average price of previous five years, of the cereal that is cultivated. The expenses of cultivation will be fixed as 35, 40 or 50 according to the nature of the soil. Of this net revenue, when the register No. 1 is being prepared, the different labilities referred to in article 216 and its paragraphs will be deducted.

8th- The value of the plots destined for the cultivation of pulses will be made taking into consideration the number of years during which they lie fallow and of those which are deteriorated and uncultivated will be according to the area of the plots and productive capacity of the soil.

9th- The production of the coconut groves taking into consideration the number, the nature and quality of the productive trees existing in them the expenses of cultivation being 40 to 50%.

10th- The value of urban property will be calculated in such a way that the next income of each of them, arrived at from the average income of the last nine years, corresponds to 8% of the respective value.

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11th- If there has not been any income during any one or more years out of those mentioned in 10th above, the income for these years will be taken as that of the year immediately preceding.

12th- If there has been no income at all during those nine years then a just price for the property will be fixed considering its building cost, its present condition and cost of maintenance.

13th- Any income not specified herein should be taken into consideration whilst fixing the value of the property.

14th- If whilst working the value of the properties, there are fractions of 6$00 after all the calculations are done, these should be neglected if they are below 3$00 and should be increased by the amount necessary if the fraction is above 3$00.

Article 210.— To make survey of the fields of each Comunidade, survey parties composed of the following will be formed: As surveyor requisitioned by the Administrator from the Directorate of Economy, an informer, a chairman selected by the surveyor and two labourers to carry the instruments and help in the measurements.

§ 1. The survey work of each Comunidade shall not be done by more than one survey party simultaneously.

§ 2. The appointment of informers will be done by the Administrator on consulting the Managing Body of the Comunidade who will suggest at least double the number of persons required satisfying the conditions given in the paragraph below.

§ 3. The information of each party will be changed so that each property or part thereof whilst being surveyed has informers who have thorough knowledge of it, each informer being notified by the clerk of the Comunidade as and when his services are required.

§ 4. The surveyor is bound to inform the Administrator in writing in case he notices incompetence, unsuitability or lack of zeal in any of the informers who attend the survey whilst is going on. A copy of this information should be sent to the Director of Economy.

§ 5. All the survey work will be under the Director of Economy and the Administrator, it being the duty of the former or the Heads of the Competent Department of the said Directorate to supervise the technical side.

Article 211.— The personnel mentioned in the previous article will be helped by the "procurador" and the clerk of the respective Comunidade it being the duty of the later to be present every time his presence is required.

If it is necessary the managing body may appoint a commissioner to substitute the procurador to attend and supervise the survey work. This appointment will have to be sanctioned by the respective Administrator.

§ 1. The following are the duties and attributions of the procurador or the commissioner:

1. To represent the Comunidade during the survey work, looking after the interest of the Comunidade and using all the possible means at his disposal to see that they do not suffer and supervising on behalf of the Comunidade the same work.

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2. To be present when fixing the boundary stones in the places pointed out by the surveyor and to see that this fixing of stones takes the least possible time.

§ 2. It is the duty of the clerk of the Comunidade:

1. To write the minutes of any objections, agreements and encroachments as they become necessary in accordance with these bye-laws.

2. To notify or request the notification, of the adjoining owners to be present at the fixing of the boundary stones and measurement of encroachments if any and to sign the respective minutes failing which it will be done in their absence.

3. To be ready with due anticipation, fix the purpose of furnishing into the surveyor as and when required with the following information:

a) A list of all the properties belonging to the Comunidade showing their division and sub-division;

b) A list of the auction notes with respective assessment and rent collected during the previous three years terms;

c) Copy of conditions of rights and obligations of the cultivators as regards irrigation;

d) List of all crown leases, leases, private properties, etc. which in any way adjourn the properties of the Comunidades;

e) A certified copy of all liabilities;

4. To make on the direction of the surveyor all the writing work as regards the register and to extract copies of the surveyor's register.

Article 212.— Before the survey is started the same will be announced in the Government Gazette and the local newspapers, if any, so that the owners of properties adjoining to these Comunidades may be present at the time of the survey and show objections if any which will be properly noted by the clerk of the Comunidade in special book and decided, administratively, if possible.

§ 1st. This book will have the necessary number of pages which will be before hand initialled by the Administrator or his Commissioner and each page will have besides the space reserved for objection, two columns: one on the left in which to write the serial number of the objection and the other on the right to note the decision of the objection.

§ 2nd. All the objections will be noted by minutes as brief as possible which will be signed by the respective party, the clerk and the surveyor.

§ 3rd. No objection can be appreciated administratively unless the party promises to show and does show in the office of the Administrator of the Comunidade within thirty days from the date the objection is noted, all the documents which may justify his claim.

§ 4th. As soon as the above mentioned documents are shown and if within the time limit marked, the Administrator will go into the proofs for and against the objections and will decide and determine by order that changes be made in the work of the surveyor or

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determine if the proofs are conclusive that the party who brought the objection take the matter to the Courts.

§ 5th. If the Administrator finds in view of the documents shown or any other that encroachment of land has taken place, he will determine that this property or the portion of the property in question be listed in the register of encroachments so that the matter may be considered in accordance with Article 382 of 385 and the following:

§ 6th. The decision of the Administrator can be contested in the Administrative Court.

Article 213.— The survey work will be made up of field work and office work, the first being done from 1st November to 31st May and the second in the remaining five months.

§ 1st. The surveyor is the main person in charge of the work of survey and he is the one responsible for it.

§ 2nd. During the time of the field work the surveyor will have to do the following work:

1st — In consultation with the procurador or commissioner and informer with the help of the clerk of the Comunidade will fix by means of temporary pegs the places where the boundary stones are to be fixed and also those dividing the plots. The fixing of pegs should be done before any survey work is started or measurements are taken.

2nd — To survey for the preparation of maps in accordance with No. 2 of Article 209 and showing on the maps the plots in which each property is divided.

3rd — Obtain on site the date required to fill in the surveyor's register.

4th — To prepare the maps graphically and to determine the area of the plots and encroachments.

5th — To send every fifteen days to the Director of Economy and the Administrator a memo showing the area measured indicating the boundary maps made, number of plots, encroachments and their value giving the general advancement of the work and informing how the work is carried on by the staff.

§ 3rd — The time of field work is six hours and it will be done on all working days.

§ 4th — The surveyor should reside close to the site of work, it being the duty of the Administrator to sanction every month sufficient allowance for him to obtain decent quarters and to supply him with the necessary furniture for office work.

§ 5th — The Director of Economy and the Administrator will go to the site every time they deem it necessary for regular inspection of the work in progress.

Article 214.— It is the duty of the surveyor together with the president of the managing body and the "procurador" of the Comunidade to proceed in the first days of the field work in the classification of the properties coming under Art. 325 and which as such have to be excluded from being sold or leased. This classification will be sent to the Administrator who will give it all possible publicity so that the inhabitants of the place may show their objections if any against this classification.

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§ 1st — The Directorate of Economy will be heard of the objections from technical point of view and the Administrator will decide upon the same after an inspection. Any appeal against the decision should be to the Administrative Court.

§ 2nd — Objections submitted more than thirty days after the publication of the classification will not be admitted.

Article 215.— As soon as in one season of field work the survey and division of plots together with the completion of surveyors register is done as regards each plot, a new notice will be issued inviting the owners of the adjoining land and the interested parties of the Comunidade, even if they were not present during the field work to submit within fifteen days from the day of the second publication of the said notice to submit any objection that they may have as regards the way in which the surveyors register has been filled in, the division of plots & the way the maps have been prepared after which they will not be accepted. For this reason the meeting place of the Comunidade will be open to the public where duplicate of the register will be exposed while the original together with the map will be exposed in the Administration.

§ 1st — As regards these objections the same procedure indicated in Art. 212 and its paragraphs will be adopted the expenses of the inspection referred to in § 1st of Art. 214 being at the cost of the Comunidade if the objections are of general interest.

§ 2nd: During the period fixed for receiving objections the surveyor should remain in the Administration to give any information on the objections in question and also to make any alterations in the register and the maps if the objections are just.

§ 3rd: It is the duty of the administrator to issue the notices mentioned in Articles 213 and 215.

Article 216.— As soon as the classification of excluded plots is fixed and if there is no further objection to decide, the writing of the Registrar No. 1 will be undertaken and it will have the designation and number of the maps of plots or properties, the serial number and measurements among the perimeter of each one, the boundaries, the type of land, the kind of crops existing in each one, if it is natural or artificially irrigated, the value, the rent, other liabilities it has and all the details which it is possible to obtain including in those whatever improvements the different plots are susceptible to, separately or in group, stating in the later case the plots which have to be grouped for these purposes (Model No. 11).

§ 1. The liabilities to which each plot is subject to proportionally to the value of each will be mentioned in the Register No. 1 under two separate heads which will comprise of the 1st, the permanent and variable liabilities like the taxes, for the assessment and any other property sanctioned, the 2nd, the average of variable or unforeseen expenses such as changing sluice gates, bunds and others. The sum of these two items will be deducted from the amount arrived at in accordance with No. 7 of Art. 209 and the remaining will be net rent.

§ 2. The variable or unforeseen expenses will be applicable only to plots which take the advantage of the same and not the whole of the properties and the average will be arrived at considering the expenses of the previous nine years.

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§ 3. The liabilities on urban property will be the same as it is at present without any additional one.

Article 217.— The plot or plots which formed part of property rested for long period will be registered in the Register in the same way as others. The date on which the period of contract ends for each one should be however mentioned.

Article 218.— The work of elaboration of Register No. 1, referred in Articles 216 and 217 will be done during the season of office work by the surveyor who has done the corresponding survey work in the field.

Article 219.— The surveyors, the "procuradores" or commissioners, the clerks, the informers and the chairman will be paid in accordance with the table which is given.

§ 1st: The Comunidades will pay the Director of Economy and the Heads of Departments of the respective Directorate for the days in which they have been on inspection of the survey work, daily allowances as paid by Government plus conveyance.

§ 2nd: The surveyors are entitled to have conveyance paid by the Comunidade in accordance with the rule of the Directorate of Economy.

§ 3rd: The informers will be entitled for allowance only for day in which they have to appear for field work.

Article 220.— The surveyors detailed for survey work will be ordered by the Director of Economy to present themselves to the Administrators who have requisitioned them and will remain under their order for the execution of the same work, except as regards to disciplinary acts, it being the duty of the Administrator to notify that the formers of any faults they might have committed and inform about the diligence shown in the work of which they are entrusted.

§ 1st: The Director of Economy will publish every time it seems necessary, office orders giving necessary instructions for efficiently carrying out the technical part of survey.

§ 2nd: As soon as survey work of one Comunidade is completed the surveyor who was in-charge of it should submit report in which he will state in short the time it lasted, how it was executed, the number of maps made, the number of plots in which the properties of the Comunidade were divided, the total area of these properties, their number, the area and value of encroachments and other details of survey and of the general description of the properties surveyed, classified according to their nature, the situation and kinds of crops in such a way that it is possible to have an idea of holdings of each Comunidade.

§ 3rd: Copies of such reports will be sent to the Administrator and the Director of Economy.

Article 221.— In the last place the register will have a description of the sources of income of the Comunidades which are not from its properties not referring to properties of others.

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SECTION II Of Register No. 2

Article 222.— The Register No. 2 is list of properties belonging to the Comunidade in possession and figuring in the name of private individuals (Model No. 12).

Article 223.— The Register referred to in the previous article includes the properties which pay lease rents to the Comunidades and those which pay fixed contributions to the Comunidades.

Article 224.— If the elaboration of the register No. 2 is not done it will be in view of the books and other data available in the Comunidade, the interested parties being later invited by notices, to submit, within thirty days, whatever objections they deem fit.

§ 1st: The objections will be filed and decided in accordance with the Art. 309 and the following.

§ 2nd: The entries will be made according to Model No. 12 and it does not affect the rights of ownership which can be ventilated in the Judicial Court.

Article 225.— The entries regarding Register No. 2 should be made serially according to the topographic order of the properties, by a Committee composed of the President of the managing body, the procurador, the clerk and 2 members appointed by the Administrator from among the "Gaoncares".

§ Only for the members of the mentioned Committee an allowance will be fixed by the Administrator after hearing the Comunidade according to the amount and importance of the work, allowance which is subject to the Governor General's approval.

Article 226.— Any later entry of properties in the Register No. 2 will have to be applied for by an application addressed to the Administrator together with the following documents:

1st: Document which entitles the transference of rights.

2nd: Receipt showing that tax due to the Revenue Department is paid.

§ 1st: The properties which in Register No. 2 are in a name different from the one who applies for their transfer or for the person whose authority he holds, cannot be transferred. The same happens with properties, the lease tax which is in arrears for the last five years unless the defaulter pays the tax at the time of making the entry.

§ 2nd: If the property is transferred reserving the rights for collecting the rent, the transference cannot be effected and if the property and the right for collecting the rent go to two different persons then only the entry of the person who is entitled to collect the rent will be made starting this in the entry and the entry of the owner will be made only when the right to collect the rent passes to him.

§ 3rd: The entry in the name of the applicant who is in the conditions stated in § 1st, can be made when, by Court Order it is proved that the right of ownership to the properties has been acknowledged or even the possession is recognized.

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Article 227.— If the values of the properties transmitted to one person by succession does not exceed 3000$00 and if this is the only property left to that person, the transference in his name will be authorized if the interested parties prove as shown in § 1st and 2nd of Art. 25, showing the sites as proof of the value of property, the certified copy of land assessment tax and if that is not fixed a report of the president of the Administrative body and the Clerk of the Comunidade.

§ Only.— The notices however will be issued as for transference of properties and will have the sites, the name and residence of the party, the name and situation of the property, its boundaries, the name and residence of the transferring party and the document that gives the applicant the right.

Article 228.— The entry of one property in the name of more than one person is prohibited as well as the entry of many properties into the name of one person with the lease tax shown collectively.

Article 229.— The provisional entry in the name of the head of the family is permitted if this is proved by a certified copy of the Court where the inventory is in progress and in the name of the head of a Joint Family if it is true by a document that the Joint Family is legally constituted.

SECTION III Of the Differentiation of the Lease Tax

Article 230.— The division and differentiation of the lease tax of the properties entered in the Register No. 2 or those that are going to be entered in that Register in the following cases:

1st: When the property is in the name of many people and the tax payable by each person is not known;

2nd: When many properties are in the name of only one person and the tax of each property is not known;

3rd: When a part of a property in the register is transferred or when the whole property is transferred in parts.

Article 231.— The division and differentiation of the tax in cases of 1 and 2 of the preceding article will be made as follows:

1st: If from reliable documents it is not known which part belongs to each person the division will be in equal parts as if all where owners of the equal parts of the property.

2nd: If the part belonging to each person is a fixed proportion of the whole property the division of the tax will be in that proportion.

3rd: If the part of each person is known but is not a fixed proportion of the whole property, the interested parties will fix among themselves the tax to be paid by each.

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§ 1st: Only in the case of No. 3 the matter will be referred to the Managing Body and if it agrees with the division made the tax for each portion agreed upon by the owners among themselves will be taken as correct.

§ 2nd: If the interested parties do not reach an agreement as regards the division of the tax or if the managing body does not agree upon the division made among themselves by the interested parties, the later should say the proportion which the same should be applied and the Administrator will determine the tax applicable to each portion when it is possible to obtain the details about them.

Article 232.— The division and differentiation of the tax in case of No. 2 of Art. 230 will be in the proportion of the value of each property, applying to each the share that is its due according to the value.

§ Only.— The value of each property will be fixed in accordance with Art. 227.

Article 233.— The documents required for division and differentiation of the tax will be produced by the interested parties and if they do not do so and it is necessary to differentiate the tax for the purpose of putting in order the Register No. 2, they will be officially obtained by the clerk of the Comunidade and cost charged to the parties in the debit notes to be collected by executing them in terms of title V in case it is not voluntarily paid.

Article 234.— After the division of the tax in the form prescribed in the preceding articles is done, the share due on each portion of property will be increased by 5%, rounding up the fraction of a "centave" after the mathematical operations are made and the amount thus arrived at will in the future be a fixed liability of the portion of property or parties whose tax has been separated.

§ 1st: The increase of 5% is not applicable only to portion of property or properties transferred by an owner but also to the other parts or properties which continue in the name of the person who transfers when they come under No. 2 of Art. 230.

§ 2nd: After the division is made, if it is seen that the tax of a part of property or a property is less than 12$00, the lessees will compulsorily get the remission of tax by payment plus the tax of the year in which they apply for remission without any order of the Administrator, proceeding in this matter according to paragraphs of Art. 238.

Article 235.— The separation of lease tax is compulsory not only in the first division of property but also in the subsequent sub-divisions.

Article 236.— Every time a division of tax is done the clerk will remit to the Administrator within eight days a memo giving the name of the property and its owner, the tax he used to pay, the number of parts it was divided into, the share of each part with the increase of 5% and the name of the person to whom it is transferred so that it may be into account at the time of the verification of the budget.

§ Only.— The clerk who does not fulfil the prescribed in this article is liable to fine of 18$00 for each such fault.

Article 237.— After the differentiation is done the clerk will cancel the previous entry of the property in register No. 2, making a new one showing the tax it is now liable to pay.

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SECTION IV

Of Remission of Taxes

Article 238.— The remission of the leases of the Comunidades or any periodical instalments which these receive of landowners, servants and other individuals in accordance with Art. 6th, will be applied for in a petition directed to the clerk of the Comunidade requesting that the amount be calculated and received, pointing out in the petition the amount of liabilities of which remission is asked.

§ 1st: The clerk of the Comunidade will do on his own the calculations of finding out the amount within eight days on the reverse of the application, adding to the total the taxes in arrears.

§ 2nd: The capital to be paid for remission is the sum of twenty yearly instalments of taxes or other liabilities plus the payment for the year of remission if this is not done before 31st of March.

§ 3rd: The application will then be returned to the party whose duty is to pay the amount at the Treasury of the Comunidade.

§ 4th: On payment the clerk will write below the amount worked out on the application the following:

<< Paid the sum above on this date, by entry No. …....... pg ……. of the Receipt book No ………………. and noted the remission on the corresponding entry of register No. 2 No …………>>

§ 5th: The application containing the calculation and the endorsement referred to above shall remain in possession of the interested party, who shall return it to the clerk no sooner he obtains a certificate of remissions that have been effected, with the designations contained in the respective village enumeration, and wherein a reference shall be made to the payment effected.

Article 239.— The remission of taxes under 12$00 is compulsory and it should be done within twelve months of publication of these Bye-Laws as regards lease granted before and from the time of final possession as regards future leases.

§ Only.— The remission referred to in the body of this article can be applied for by any person without this giving the applicant any right.

Article 240.— The certified copy referred to §5th of Art. 238 after being countersigned by the Administrator is a document sufficient for registering and annotating in the Land Office.

§ 1st: The certified copy will be passed without any order from the Administrator but those who desire to have it urgently should supply the clerk as soon as payment is effected the necessary stamp paper, it being the duty of the clerk to declare at the end of the annotation he makes on the reverse of the application the number of stamped papers received and give the certified copy within five days of the payment.

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§ 2nd: On verification of the accounts the clerk will be made responsible towards the Comunidades or the parties to whom they will repay the amounts received either less or in excess for which to simplify the examinations they will furnish the application returned to them by the parties.

§ 3rd: In the ordinary meetings of the managing body there will be in each Comunidade, every time it is necessary an exceptance of amounts corresponding to the remissions worked out in the preceding months.

§ 4th: Any party pretending to make the payment can ask for an extraordinary session for acceptance of capitals of remission in which case he will deposit with the clerk the subsidies payable for this.

§ 5th: The clerk will remit to the respective Administration, within forty-eight hours from the date of acceptance reports of remissions effected with all the details necessary for verification of calculations with the respective certified copies.

§ 6th: The remission can be paid fully or partly by shares of the respective Comunidade, judged by its market value, fixed by the Administrator after consulting the managing body.

§ 7th: The share should have an annotation by the owners and in favour of the Comunidade pointing out clearly the remission or remissions for the payment of which they are meant and to be accompanied by an amount necessary to pay the stamp and other fees without which they will not be accepted.

§ 8th: Two or more individuals can present in common one or more shares for payment of remission of liabilities on two or more properties so far as no balance in favour of the respective owners is thereafter making the payment.

§ 9th: In the book for registering the shareholders the clerk will make the necessary transfer of the shares in favour of the Comunidade & cancel these in the name of the transferring party obtaining for this reason in advance from the Administration of Comunidades, the transfer of the share, sending for this purpose the share certificates together with the amounts received as deposit from the parties for stamps and other dues. After the annotation the share certificates will be kept in safe deposit.

Article 241.— After the remission, when this refers to lease tax or other liabilities on properties, the clerk of the Comunidade will cancel the entry of the property made in the register No. 2 and when it is only of a part of leased tax or liabilities, will make the necessary annotation against the entry of the property reducing its lease tax to the amounts not paid.

Article 242.— The application for remission in instalments will not be attended to but part remission of lease and other liabilities will be allowed the properties having still the liabilities, the remission of which has not been paid for.

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CHAPTER III

Of Ordinary Auctions

Article 243.— All ordinary auctions of property, works and other items of Comunidade are preceded by an evaluation of estimate, elaborated according to the instructions issued by the Administrative Body and according to the following rules.

Article 244.— The managing body will call for the ordinary sessions of April the watchman and persons who watch over the bunds and sluices and after hearing them will give instructions in writing to the clerk to elaborate to the estimate and the conditions for the auction.

Article 245.— The estimates should be made taking as basis the following:

1st: For the rent of coconut garden and other items of income, the average rent of the previous three years.

2nd: For the cost of works, the estimate made by the managing body which when the value and importance of the work justified may ask the services of an engineer.

3rd: For the cost of other items of expenditure, the average of the previous three years.

4th: For the income and expenditure which has not been auctioned in previous years whatever the managing body thinks fit after hearing the opinion of the persons previously mentioned and if necessary one or more experts with knowledge of the matter and selected by the managing body.

§ 1st: The opinion of the engineer, watchman and guards and expert will be noted in the minutes mentioned in the previous article and it should form a part of the instructions that the managing body should give the clerk.

§ 2nd: Any conditions in the evaluation if against the disposition of these bye-laws shall be null and void, the managing body and the administrator being together responsible for any loss that may come to the Comunidade or private properties.

Article 246.— In view of the instructions of the managing body the clerk will elaborate with the help of the "procurador" the evaluation in tabular form where coconut gardens, caju plantations, farms, plots under cultivation of pulses, salt pans, urban properties, ponds and drains for fishing and any other sources of income shall be enlisted.

§ 1st: After the items of income the same table will contain the items of expenditure such as work repairs of agricultural roads and other maintenance works.

§ 2nd: All items will be serially numbered giving reference to the previous years estimate, the special denomination and rent or cost at which it is going to be sanctioned.

§ 3rd: Following the list, the clauses of auction will be written of each type of item necessary for proper preparation and cultivation, maintenance and safety of bunds, maintenance of sluice gates, pipes, culverts, barrages, distribution of water, fishing and other works.

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Article 247.— The estimate should be ready by 25th of April and after being signed by the "procurador" and clerk will be exposed for the examination of the interested parties in the place of archives till the 1st Sunday of May, on all working days during office hours, the interested parties being at liberty to propose in writing on plain paper any alterations, giving them to the clerk of the Comunidades or in the administration of Comunidades, which in this case will send it within 24 hours to the clerk of the Comunidade. The approval of the said estimate and alteration will be decided upon in the following manner:

a) The managing body will meet on the 1st Sunday of May and the clerk shall show for its appreciation the estimate and all the proposals for revision which it may have received and which the managing body will accept or reject correcting in the former case the estimate and the conditions, according to the proposals accepted and rules which it deems fit, putting everything in writing in the minutes as well as the reasons which justify the alterations.

b) On the first Sunday after the meeting of the managing body, the Comunidade convened by a notice fixed with three days of anticipation on the door of the meeting place and temples of any religion existing in the village and by means of a call in places indicated, will meet in a continuous session and after examining the estimate and the conditions after the alterations introduced by the managing body, will approve or modify the same as it thinks fit, everything being noted in the minutes.

Article 248.— The clerks will produce the estimate in the Administration till the 25th of May with alterations made according to (a) and (b) of previous article, and the administrator will approve or alter, deciding all matters that might have arisen till the 5th June, applying the sanctions indicated in the Bye-Laws to the clerks and other agents of the Comunidade, for faults they might have committed and returning the estimate till the 1st day of the time limit to the respective clerks.

§ 1st: In case of works, and maintenance works, the Administrator should have the opinion of the engineer before final decision.

§ 2nd: Every time he thinks fit the Administrator can make it compulsory on the engineer to be present for acceptance of all works of maintenance.

Article 249.— The clerk as soon as he receives the estimate, will note in the margin the alterations ordered by the administrator, within five days without fail, showing it again to the Administrator who after verifying it will notice it and hand it over to the clerk till the 25th of June.

§ Only.— The Administrator who does not follow the time limit fixed in the main article is liable to be fined 600$00 for each fault.

Article 250.— The clerk who does not fulfil the rules and the time limit fixed for the different separations of the estimate is liable to a fine of 300$00 for first fault and double for all subsequent faults.

Article 251.— The evaluation sanctioned by the administrator is immediately effective but there can be an appeal against this decision to the Administrative Court. The appeal has no suspensive effect.

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Article 252.— The estimate and the maps of fields and properties to be auctioned will be exposed in the meeting place of the Comunidades during office hours on two previous days to the auction to be examined by the interested parties to whom the managing body and the clerk will give all the necessary information.

Article 253.— All the paddy fields belonging to private parties that take advantage of irrigation works done at the cost of Comunidade will pay the Comunidade a sum fixed by the managing body and approved by the Administrator, in the month of November each year, which should not exceed the sum received by the Government for the water of the canal of Paroda and not less than 50% of this, being is applicable to all contracts existing prior to the publication of these bye laws.

§ 1st: After the rate of water is fixed the owners of private land will sign before the managing body a declaration that they wish to take advantage of the water and that they become responsible for payment of the said water tax, declaration which will be in force until a new one is not signed.

§ 2nd: The person who auctions the irrigation work has no right for any payment in cash or kind besides the auction amount.

Article 254.— It is forbidden to remove earth from the paddy fields of Comunidades unless sanctioned by the managing body in the meeting on verbal request of the interested party and approved by the Administrator to whom a copy of the minutes should be sent by the clerk within 5 days.

§ Only.— This does not apply to extraction of earth for repairs of bunds in the fields or repairs of fallen edges of properties to the paddy fields. In these cases the interested party will tell the clerk in anticipation who will inform the "procurador" for the purpose of supervision.

Article 255.— The managing body will permit the removal of the subsoil only of the fields which have a higher level than of the adjoining ones for the following purposes: construction of houses, fabrication of pottery and repairs of edges of properties and improvement of private properties in the vicinity if there is no encroachment of adjoining land of the Comunidade.

§ Only.— The income from sale of clay for pottery should be inserted in the estimate and auctioned in public.

Article 256.— The respective lessee of a field is bound to denounce the removal of earth which has not been authorised by the managing body, in terms of the preceding articles, under pain of being held responsible for the transgression, along with the transgressor, and the managing body after verifying the fact, shall authorise the "procurador" of the "Comunidade" to bring this fact to the notice of Public Prosecutor, for the purpose of taking criminal action against the transgressor, failing which all the members of the managing body become liable to a fine of 300$00.

SECTION II Of bidding

Article 257.— All the items, it may be of income or expenditure, will be auctioned publicly and given to reliable bidders who give surety as per Section III of this Chapter.

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Article 258.— The auction or yearly or three yearly bidding in each Comunidade will start between 1st and 31st of July and should end by the 31st October.

§ Only.— The Administrator of Comunidades on recommendation of the managing body, can, if he thinks acceptable the reason given extend the time limit for the conclusion of the auctions.

Article 259.— The period of auction for items of income will be generally of three years. In special case, however, this period can go up to nine years, in the ordinary evaluation, when the Comunidade recognises the need of useful improvements being done in its properties before the elaboration of the evaluation and in these cases special conditions as regards those improvements will be formulated.

§ 1st: When the Comunidade has coconut gardens, the auction of these will be for a period of nine years, subject to special conditions in the evaluation.

§ 2nd: The auction of items of expenditure will be yearly.

Article 260.— The auctions which will start with the items of income, those of expenditure following, will last 5 hours each day, starting from 10 a.m. when they are held in the village itself and at 11 a.m. when held in the Administration of Comunidades.

Article 261.— The extraordinary auctions of dead trees and old timber of sluice gates will be held by means of notices with procedure of 8 days and calls in the villages on the preceding day. The auctions are subject to prior evaluation made by the clerk and the "procurador" and approved by the Managing Body.

Article 262.— The ordinary yearly or three yearly auction will be announced by notices fixed with 10 days anticipation, one on the door of the meeting place of the Comunidade and the other on the door of the temple of any religion in the village.

§ 1st: A notice will also be inserted in the Government Gazette or in any newspaper of the Taluka, if any.

§ 2nd: In the notice the items, the place, the day and time of auction will be specified.

Article 263.— For the purpose of auction or bidding, the meetings of the managing body shall be held continuously and uninterruptedly, without excepting holidays, till all the auctions are over.

§ 1st: The auction shall be held by following the serial order in which the various lots and items have been enlisted in the calculation. All those which are bid at auction shall be awarded successively and only those on which there has been no competition or bidding, shall be reserved for fresh auction.

§ 2nd: Each plot or item shall be announced in a loud and intelligible voice and it shall be given away, after it is declared thrice, that it is going to be done so by written order of the President of the managing body, after which no bid or price shall be accepted.

§ 3rd: Once the auction is started, it can only be suspended by order of the Governor General, and in any case, the date when it is being restarted, shall be announced with anticipation of five days.

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§ 4th: The award of each lot or item shall be confirmed by a statement signed soon after the award, in the minutes of the auction, in terms of para 1 of section 533 and model No. 13. At the end of the minutes, they shall mention the items that have been awarded by indicating the respective numbers.

§ 5th: In case of items which have not been bid at auction, and when they are enlisted one after the other, only one statement may be drawn up.

Article 264.— It is expressly forbidden to:

1st: To give away an item in common to more than one person.

2nd: To give away collectively more than one item to one individual even if he gives better advantages.

3rd: Admit bidders who offer to do certain jobs paying a portion to the Comunidade.

§ Only.— The following are unable to bid in auctions either in person or when represented by others.

1st: The debtors of the Comunidade or those who have on themselves other properties debts, or against whom there is a case in the court for debt or those against whom debit notes have been issued.

2nd: In case of works or jobs, those who by the decision of the Administrator or Director of P.W.D. or any entity appointed by the Governor General, are debarred from auctioning the executions of works not being sufficiently competent or for having used fraudulent means in execution of contracts which were given to them or those who have been more than once found at fault in works executed by them.

Article 265.— The following cannot be auctioned nor cultivated by the Comunidade on its own:

1st: The land used as access by neighbours. 2nd: Land absolutely necessary or kept for grazing. 3rd: The land kept for stocking when harvesting is done and also that which is

necessary as access for cultivation or protection of cultivation.

Article 266.— The items which are not auctioned in the first auction referred to in Art. 257 will be again announced for auction as per § 3 of Art. 263 with alteration of the price for less or more if the items are of income or expenditure, determined by the Administrator within five days, on the opinion of the managing body expressed on the 1st day of the auction. The Administrator is at liberty to arrange any other way if he thinks fit for the benefit of the Comunidade it being the duty of the clerk to give publicity to the orders.

§ Only.— In case of auction of works or maintenance jobs of bunds and other works of fields, only increases though advisable by the engineer, can be sanctioned and if even after these increases there are no bidders the works will be executed departmentally.

Article 267.— After the termination of the auctions and after the expenditure and income are totalled with indication of the item the clerk together with the "procurador"

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will close the minutes showing in full the respective amounts and will produce the book in the administration within eight days or be subject to a fine of 120$00 for the purpose of leaving countersigned by the Administrator.

§ 1st: The Administrator will countersign within thirty days from the date the books that are produced and the countersignature will be noted in the inward register of the Administration.

§ 2nd: There is no appeal against the order which approves the auction.

Article 268.— The Administrator will not approve the auction if he sees acts which makes the contract null and void approving only the part which is not affected by this.

Article 269.— The order refusing to approve the auction has to be confirmed by the Administrative Court.

§ 1st: The Administrator on his own within eighty days will notify the Administrative Court of the refusal sending it a copy of his order and all the data justifying the refusal.

§ 2nd: If there is any objection against the irregularities of the auction till the date fixed for approving the same, the Administrator will send the same to the Administrative Court in the time and manner pointed out in the previous paragraphs and will not sanction the items against which there is an objection.

§ 3rd: After the file is distributed in the Administrative Court, in the first session after it is received, it will be sent within twenty-four hours to the member-in-charge, who will present it for the first session after he receives it for judgement without sending it to other members formulating immediately the sentence.

§ 4th: The Secretary of the said Court, within forty-eight hours of the decision, will send it to the Administrator of Comunidades a copy of the sentence.

§ 5th: The Administrator who does not sent to the Administrative Court in the period fixed for this purpose the papers regarding refusal of sanction of auction will be fined 300$00 by the same court in the sentence.

Article 270.— In case the Administrative Tribunal confirms the order refusing to approve the auction, the administrator, within twenty-four hours, after receiving the copy of the collective judgement (acordao), shall fix a date for fresh auction of the lot or lots, the awards whereof have been annulled.

§ Only.— The Administrator who does not comply with what has been laid down in this article, shall be punished with a fine of 300$00 and shall be held responsible for losses and damages which he might have caused.

Article 271.— The auction once closed and approved cannot be annulled or changed for any reason whatsoever.

Article 272.— After the approval of three-yearly auction the clerk will send to the Administrator within fifteen days, a list of all plots with the amount of rent of each

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one and this will be sent to the respective treasury for calculating the stamp for contract of rent.

SECTION III

Article 273.— No item either of income or expenditure will be given away in auction without proper surety of reliability of which will be verified and accepted by the managing body before the contract is finalised.

§ Only.— The decision of the managing body rejecting the surety offered will be put in writing giving reasons in the minutes of auction.

Article 274.— Of the decision of the managing body rejecting the surety, of whatsoever nature it may be, there can be an appeal to the Administrator of Comunidades who will decide in as short period as possible according to the following rules:-

a) The appeal as an ordinary application with all the possible proofs will be directed to the Administrator and handed over to the clerk so as to reach within three days of the auction. The clerk will give a receipt for the same. The application may also be handed over in the administration in which case it will be sent to the clerk;

b) The clerk after writing the day and time of reception, will send the appeal, within forty-eight hours and without any expense to the party, to the Administrator with a copy of the part of minutes of auction referring to the item bid for by the appealing party and the surety offered by him;

c) The Administrator, after investigating he may think necessary to make, will decide the appeal giving proper reasons within forty-eight hours, of receipt of information asked for or within 10 days from receipt of the appeal.

d) The Administrator on the day he decides the appeal or on the following day will inform the clerk of the Comunidade of his decision so that he may notify the managing body who will immediately put in force, and the interested party.

Article 275.— There can be an appeal to the Administrator against the decision of the managing body accepting the surety but this appeal has no suspensive effect. The appeal can be made by an interested party or by any agent of the Comunidade within three days of the acceptance.

Article 276.— The decision of the Administrator can be appealed against in the Administrative Court but the appeal have no suspensive effect.

Article 277.— The appeal to the Administrator against refusal of surety by the managing body is without costs and on plain paper but the appeal against acceptance of surety is to be paid for by the losing party. The same applies to the appeals against the decisions of the Administrator.

Article 278.— The Administrator who does not fulfil the time limits fixed in the previous articles and the members of the managing body and the clerk of the Comunidade who do not give immediate effect to the decision of the appeal are liable to a fine each 300$00 besides those who are employees being punishable by disciplinary action.

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Article 279.— The surety can be of pledge, mortgages, deposit of cash or pawning of gold and silver ornaments or shares of Comunidades.

§ No surety by pledge will be accepted from the persons who bid for works jobs or supplies the value of which exceeds 1.800$00.

Article 280.— The persons who are themselves as pledges are always responsible for payment and in case of their insolvency the members of the managing body will together be responsible for payment to the true pledged for what remains in debt after their effects are sold.

Article 281.— When the surety consists of ornaments pawned these will at the time of auction be weighed and evaluated by goldsmith appointed by the president of the managing body and paid for by the bidder and kept in the safe of the Comunidade after being well packed in a box or bundle properly sealed with the seal of the clerk and the bidder or a person pointed out by the latter, putting everything in writing in the minutes of the auction which will be signed by the goldsmith and a person pointed out by the bidder.

Article 282.— When the surety is of shares of Comunidades which are in the name of the bidder or any other person its value will be the market rate at that time less one third and at the time of auction they will be properly identified and kept in the safe of the Comunidade.

Article 283.— When the surety for rent of property is in cash, pawning of the gold or silver ornaments or shares which will remain in the safe till the contract period is over, it is sufficient that it be equal to the rent of one year plus one-fifth.

Article 284.— In rental of rustic properties besides the surety the produce remains as further guarantee.

Article 285.— In items of expenditure, of jobs and supplies the amount of surety will be mentioned in the evaluation or in the respective file.

Article 286.— The item for which bidders were called and not given away because the surety was not acceptable, will be given to another bidder if there is any, writing the provisional minutes immediately mentioning therein all facts that occurred the name of the bidder and his surety which were refused and the price offered.

§ 1st. If no appeal is there or if the appeal is rejected, the provisional minutes will be converted into final it being the duty of the clerk to make a note of this change in the margin and in red ink this note being countersigned by the managing body.

§ 2nd. If the appeal is accepted the clerk will make in the margin of the minutes the competent endorsement and consequently the item will be given to the applicant for the price by him offered, transacting it in the column for this reserved, in red ink and cancelling the provisional contract also in red ink.

§ 3rd. When the managing body does not accept the surety for not being reliable and if there is only one bidder, the provisional minutes will immediately be written mentioning all the circumstances, converting it into final in case the appeal is accepted or cancelling it otherwise in the last case the clerk as soon as the time or cancelling it otherwise. In the

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last case the clerk as soon as the time limit is over will announce a fresh auction after observing legal formalities.

§ 4th. The endorsement of conversion of provisional adjudication into final or cancelling of it will be in red ink countersigned by the managing body in the margin.

Article 287.— If sureties are in mortgages of immovable property, the bidders will renounce to the tax of these properties if they are outside the respective judicial division.

SECTION IV

The transferring of auctioned items

Article 288.— Any persons to whom any bid either of income or of expenditure has been given after proper action can transfer it to any other person or to the person who pledged for him.

§ Ist. The transferences will have to be put in writing by the clerk of the Comunidade in minutes in the proper book with approval of the managing body and with new pledges when those who remained as pledge in the auction refuse to guarantee or when the transference is done to the surety itself.

§ 2nd. All persons could be accepted as bidders can also be accepted for transferring the items the main bidder being however responsible towards the Comunidade as regards the obligations of the contract together with the person to whom it is transferred.

§ 3rd. Transference can however be made by dividing the item during the auction or even in the minutes of adjudication.

SECTION V

Of Removal

Article 289.— Without this affecting any other penalties which might have been mentioned in the conditions of the respective contract, the lease of the properties and the contractors of jobs, works and other items can be removed by the Administrator on proposal of the managing body and after they have been notified for not fulfilling the contracts and will be responsible for payment to the Comunidade the difference that there might be for less in income or for more in expenditure in a fresh auction of the respective item which will be held by observation of the formalities prescribed by law.

SECTION VI Of the loss and overburdens

Article 290.— The following are called overburdens:

1st. The debit chargeable to the watchmen according to the clauses previously fixed for the value of the produce which has been mislaid from the property, of its rent and of the losses caused therein.

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2nd. The debit amount chargeable to the members and to the emphyteutas of the Comunidade as penalty towards the infringement of the provisions of this Code or of the clauses stipulated by the Comunidade.

3rd. The debit chargeable by superior order against all those have current account in the Comunidade.

§ Only.— The fact of no overburden being put against watchmen by the treasurer of the managing body does not accept the leases from payment of rent and other dues.

SECTION VII Of leases of paddy fields

Article 291.— The paddy fields of the Comunidades will be leased by auction for a period of six years.

§ Only.— This system will be in force from the year 1962.

Article 292.— The auction for lease of paddy fields will be held from 1st July to 30th of September of the year prior to the period for which it is meant and will take place at the meeting place of the Comunidade.

§ 1st. The sum for which it is auctioned will be in kind (paddy) for the amount of assessment in force and will be converted and repressed in cash according to the official price fixed by the Governor General after having the opinion of the Directorate of Economy, the Board of External Trade and the Administrator of Comunidade.

§ 2nd. The assessment of paddy fields can be revised periodically according to the determination of the Governor General in an order but the revision made will only come in force in the auction for the period that follows.

§ 3rd. The conditions to which the lease is subject shall be established by the managing body it being the duty of the Administrator to sanction them after hearing the opinion of Divisional Agricultural Officer or the Zonal Agricultural Officer.

§ 4th. It is the duty of the managing body and in special of the “procurador” and the clerk, lest they be responsible for loss and damages, to see that the conditions of contract of leases are followed, the same process being given but only as regards cultivation and preparation of soil to the Divisional Agricultural Officer and the Zonal Agricultural Officers.

§ 5th. At the time of the harvests, on the proposal of the managing body approved by the Administrator watchmen will be engaged in required number who will work under the "procurador" being entitled to a salary fixed for each season by the Administrator but to the maximum limit of 18$00 per day.

§ 6th. The rules which govern the work of supervision of the "procurador" and the watchmen will be given in a respective assessment.

Article 293.— The rent due by the lessees will be paid in cash it being made up of the bid at the time of auction plus the amount fixed in the assessment and referring to the subsidiary cultivators.

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Article 294.— The auction which will be announced with due notice will be held in one or more biddings.

§ 1st. For the first bidding only the cultivators who have effectively being residing in the village can compete.

§ 2nd. If in the first bidding there are plots for which there were no bids, the same will be available for the second bidding for which cultivators of any village of any Taluka can compete.

§ 3rd. If even after this there are plots not bidden there will be a third or more bidders with decrease of the assessed value according to Art. 266 for which any cultivator can bid with no consideration of the limit fixed in Art. 296 after the third bidding.

§ 4th. In the bidding no bid can be less than 6$00. § 5th. In case there are no competitors for the third and subsequent biddings, the plot

will be cultivated by private agreement for any price and for one year it having again to be auctioned the next year.

§ 6th. The cultivator who cultivated the plot in the last year and even if he has no effective residence in the village for last two years will have a right for option in the first and second biddings and soon after the plot is given away unless he has been punished as per Art. 300.

Article 295.— Only the cultivators who lease the paddy fields of the Comunidade it being prohibited to sub-lease them or, have partnership arrangements or make any contract regarding them of labour supply or of doing lest their contract be terminated and they be fixed double the amount of rent, the same fine being applicable to the sub-lessee.

§ Only.— For the purpose of what is determined in this article, cultivator means the person who cultivates the field with his own labour, that of his family or dependents or with labourers paid by him.

Article 296.— Each cultivator can take on lease one or more plots the total gross production of which does not exceed 20 candis of 160 liters each when the number of his family members does not exceed five, twenty-five candis and the number does not exceed eight and 30 candis, when the number is more than eight lest the contract be nulled and void.

§ lst. A margin of one candi can be admitted and also the case in which one has a production superior to the limit allowed.

§ 2nd. On recommendation of Administrator up to 90 days prior to the auction, the Governor General can reduce the limit fixed in the body of this article in the Comunidade where a better distribution of fields is justified.

§ 3rd. For the purpose of limit fixed in this article the production private fields of the cultivator and his deponents or even of other parties, private or collective rented by him, will be considered.

Article 297.— The adjudication is not subject to any surety, the produce guaranting the rent, unless the plots have been leased with an increase of more than thirty percent of the assessed value, in which case surety as per Section III will be demanded.

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§ Only.— When to a cultivator two or more plots have been leased, the produce of each plot and all plots together will guarantee the whole of the rent.

Article 298.— If the rent is not paid in the time limit fixed the lessee is subject to the following penalties:

a) The first ten days to a daily fine of 6$00 to maximum of 25% of the rent, which will be recovered together with the rent.

b) If the payment is made with a delay of even thirty days to a fine of 12$00 per day, to maximum limit of 50% of the rent which will be recovered in the way indicated in the previous clause.

c) After thirty days and if no payment has been made, the managing body will immediately take over the produce and will sell it by public auction, crediting the amount to the extent of the rent, fine and expenses and depositing the remaining in favour of the lessee unless surety has been given as per the final portion of the Art. 297, in which case the same will be sold and the rent fines and costs paid from it and the contract terminated.

d) If the produce has been removed and surety has not been furnished a fine to the extent of the amount of rent convertible to a term of imprisonment at the rate of 20$00 per day to a maximum of two years in case it is not voluntarily paid within ten days and termination of the contract.

e) The watchman of the field who has allowed the produce to be removed is subject to a fine mentioned in the previous clause.

Article 299.— If the cultivator does not cultivate the plot or plots, he is subject to a fine equivalent to double the rent, convertible to a prisons term if not paid within ten days at the rate of 20$00 per day plus termination of the contract.

Article 300.— If the lessee does not execute the preparatory work and other in the way determined in the conditions of the lease or if he does not cultivate the plot or plots in the way established in the conditions of assessment, he is subject to a fine of 50% of the rent besides the payment of the same.

§ Only.— The time limit fixed in this article can be extended by the Administrator after hearing the opinion of the agricultural division or Zone.

Article 301.— The lease of a paddy field of the Comunidade does not terminate with the death of lessee if the husband or wife as the case may be of the lessee is living and is not separated from her or him or if he has descendants or ascendants who have been staying with the lessee at least for a year prior to his death.

§ 1st. The right of succession to the lease given to the body of this article will follow the order below:

a) To the husband or wife if living. b) To the descendants, preference being given to the closest. c) To the ascendants also preference being given to the closest.

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§ 2nd. The succession in favour of the ascendants or descendants in case of death of the second partner of the original lessee when right has passed to him. The second transmission can only be allowed if the ascendants or descendants have been living with the marriage partner of the lessee for at least one year.

§ 3rd. The renewal of contract of lease will be approved by the Administrator of the Comunidades on application of the interested party within thirty days of the death of the lessee, this approval being however subject to the Governor General's sanction.

Article 302.— Without going against what is determined in the previous article, the plots which remain vacant after the death of the lessee or for any other reason, will be given away by public auction for the remaining period out of the six years period but if however there is justifiable urgency they may be given by private arrangement by means of call in the village with three days procedure, it being compulsory to auction them in the following year.

§ Only.— What is determined in this article is also applicable when what is said in Art. 299 occurs.

Article 303.— For the purpose of Art. 296 and its paragraph, § 3, the interested party will present to the managing body a declaration giving the number of the family members and state if the former or the latter possess paddy fields or if they cultivate of other parties, single or collective, with the respective production capacity from the assessment if the fields belong to the Comunidade or from Treasury Department in case private if the declaration given is not correct the declarer is subject to the penalties stated in the Art. 242 of the Penal Code.

Article 304.— It is permitted to give on lease or by private arrangements each plot to more than one person upto the number of four when it is an agreement to cultivate it by dividing in equal parts of the productive capacity in which case the managing body, within 30 days from the day of the auction will arrange for division and will hand over to each person his part of the plot with the necessary date for identification and all this will be put in writing in the supplement contract.

Article 305.— It is the attribution of the Administrator to apply the penalties forseen in the Articles 295, 296, 298 and 299, 300, his decision being subject to the confirmation of the Director of Civil Administration with appeal to the Administrative Court.

Article 306.— To the contracts of the lease is also applicable what is determined for the ordinary auction with exception of what is determined in this section.

Article 307.— Of the increase in income due to the public auction on the average of the last nine years, 50% will be destined as per clause (b) of the Art. 316 and the remaining will constitute the income of the Comunidade to be distributed away to "gaocars" and the shareholders according to legal formalities.

Article 308.— For the purpose of agricultural development the works engineer and the agricultural officer will meet in the office of the Administrator of Comunidade till 25th of January of each year, under the presidency of the respective Administrator and with the

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date obtained before hand through the managing body of the Comunidade or any other means, will elaborate a programme of works of permanent character to be executed in one or more years, preference being given to irrigation works, works for the consolidation of bunds and sluice gates so that as far as possible urgent works are avoided.

Every time there is need of doing any work not included in the programme, it is duty of the managing body or Administrator, on their own to request the elaboration of the respective projects and estimates.

Article 309.— The programme of works referred to in the previous article will be submitted for the approval of the Governor General through the Directorate of Economy, till 20th February and after its approval the managing body will determine that the project be made.

§ Only.— A copy of the programme, after approval, will be forwarded to the Directorate of Civil Administration by the respective Administration of Comunidades.

Article 310.— After the projects and the estimates are received the clerk will convene the Comunidade, returning the file to the Administration with copies of minutes of meeting of the Comunidades and its Administrative Body, who will point out the way for meeting the expenses and the financial state of the Comunidade.

§ 1st. The Administration will determine that specifications and conditions be made if not yet made and will announce the auction unless it relates to a work which is not in the interest of the Comunidade, to do or if the Comunidade does not sanction the necessary amount in which case the file will be sent to the Directorate of Civil Administration for the decision of the Governor General.

§ 2nd. With the provisional contracts written or the resolution taken and with his opinion on the matter, the Administrator will submit the file to the Directorate of Civil Administration for the resolution of the Governor General.

§ 3rd. The opinion of the Directorate of the Public Works Department will be had in all cases when the value of the estimate exceeds 50.000$00.

Article 311.— The works will be executed generally on contracts observing the regulations in force. They can however be executed departmentally if the second bidding which will be announced together with the 1st, there are no competitors.

Article 312.— The contracts of works will be preceded by public auction which will be announced with the minimum antecedence of 10 days in the Government Gazette, one newspaper of the capital or Taluka and the usual places and made in the Administration with the intervention of the managing body and 2 witnesses.

Article 313.— The inspection and the supervision of the work is the attribution of:

1st. The works engineer who will give his opinion in writing in the file.

2nd. To the managing body and specially to the "procurador" who will inform the Administrator of whatever irregularities noticed.

3rd. To the Administrator who during the execution will inspect the works at least once, accompanied by the engineer, the minutes of which will be written.

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§ 1st. In case of works regarding of which exceeds 300$00, and in case the necessary funds have been provided for the Administrator with the sanction of the Governor General, to be asked for in the opinion mentioned in para second of article 310, appointed as overseer with the salary not exceeding 18$00.

§ 2nd. The overseer will work under the orders of the "procurador" of the Comunidades and follow the instructions given by the engineer.

§ 3rd. For works executed departmentally only in exceptional cases recognised by the Governor the appointment of engineers or overseers will be allowed.

Article 314.— The provisional and financial acceptance of works will be preceded by an inspection in the following way:

a) In case of works of the value of 3000$00 by the Administrative body with the presence of the works engineer.

b) When the value exceeds 3000$00, by the Administrator with intervention of the works engineer and the presence of the managing body. § 1st. Every time it is thought necessary any engineer of the Public Works Department

can be requisitioned to intervene in the acceptances, this being however compulsory in works the value of which exceeds 50,000$00.

§ 2nd. The final acceptions will be valid only after it is confirmed by the Governor General.

Article 315.— The Administrator will fix in each case time limit for the clerk to do the work of his obligation in the file of works when they are not already fixed in these bye-laws.

Article 316.— To face the expenditure with the works forseen in this chapter a reserve fund will be credited with the following incomes:

a) 50% of the value of "Zone" and share dividends which become prescribed. b) 50% of increase in income referred to in Art. 307. c) 50% of capital of remission of leases. d) The amounts ordered to be kept aside by the Administrator as per Art. 476.

§ Only.— When the funds under reserve fund are insufficient, the expenses can be paid by advances from the Comunidades or by loans acquired with the sanction of the Governor General.

CHAPTER V

Of long term leases

Article 317.— The Comunidades can lease for long term the uncultivated properties or land under paddy or fruit trees cultivated by which have noticeably deteriorated, if it is financially impossible for them to improve the properties.

§ 1st. The period of lease will be from 9 to 18 years, the area of land of each lease not being not more than 20 hectares.

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§ 2nd. The lease can be with one or more persons collectively in which case they will be together and solely responsible for fulfilling the obligations of the lease subject to the penalties fixed.

Article 318.— The petition for long term leases will be directed to the Governor General and will be filled and followed in the Administration and should contain:

a) The name of the property, the nature of cultivation, for which it is destined, serial number in the assessment of the last auction.

b) In case of paddy fields, the amount of seed and the estimated production in the assessment.

c) The situation and boundaries. d) The area when available or probable area. e) The number of years for which he want it on lease and the rent he proposed to

pay. § - This file is subject to formalities applicable to the files of permanent leases.

Article 319.— The petition will be accompanied by estimate or a description showing the plan of improvements that the applicant promises to effect indicating the works he desires to do in each year and their probable cost, the period in which the improvements are to be done not being more than 5 years.

Article 320.— After this the land will be inspected with three experts, one being appointed by the applicant, the second by the "procurador" and the third by the administrator from among the agricultural graduates.

Article 321.— In the inspection, the experts will note the following:

a) If the properties can be brought under cultivation as proposed by the applicant.

b) If the plan of improvements can be approved as shown or if alterations are to be made what they are. They should also say if the rent the applicant proposes to pay is sufficient as far as the interests of the Comunidade are concerned.

Article 322.— If the Comunidade, in accordance with the opinion of the experts, approves the long term lease, the property will be auctioned.

§ 1st. The prices of auction will be the one given by the experts. In no case be less than the maximun rent obtained in the previous nine years plus fifteen percent.

§ 2nd. The lessee who fails to abide by the conditions of the contract will incur the penalty of paying a fine equal to double the amount he would have to do in executing the works he failed to execute at the proper time and if he does it again, he can be removed. The fine being applicable in any case.

§ 3rd. The lessee who fails to execute the plan of improvements within the time in which he had to do it or who abandons the property later and thus lets it deteriorate, will be removed, the property being taken over by the Comunidade with all the improvements and the lessee being in no right to them or for any indemnity.

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§ 4th. The removal mentioned in the previous paragraph will be immediately done after an inspection by the administrator with an expert, who will be the Head of the Department of Agriculture or his delegate and subject to the confirmation of the Governor General without which it will not be effected.

§ 5th. The order which determines the removal will be published in the Government Gazette and from the day of its publication the Comunidade will take over the property. This cannot be prevented by any Administration order or judicial suit by the lessee or a third party.

Article 323.— The properties which the Government requisitions from the Comunidades under Diploma No. 84 of 28th April, 1924 and No. 483 of 15th May, 1931 can be utilised for the purpose of demonstrations not only of rice cultivation but also of tobacco sugarcane, vegetable and other, short period of duration, it being possible to rent the same properties up to a maximum limit of 5 ha. for six years, renewable for similar periods.

CHAPTER VI Of Permanent Leases

SECTION I Of Their Concession

Article 324.— It is permissible to Comunidades to give on permanent lease uncultivated land and which is not being used and even that cultivated under pulses when they are applied for the cultivation of paddy, fruit trees or for building of houses.

§ Only.— Everytime leases of land adjoining to Government forests situated inside them are asked for, the contracts for the same cannot be made without previous opinion of the Department of Agriculture of the Directorate of Economy.

Article 325.— No leases can be given of: 1st. Land of common usage. 2nd. Land indispensable for cattle grazing. 3rd. Land used as access of neighbours. 4th. Land used for stocking of harvest and other works necessary for cultivation and

protection of fields. 5th. Land destined for water reservoirs for irrigation of fields or for breeding of fish. 6th. The spaces in front of temples of any religion and cemeteries and plots adjoining

the market place upto 10 metres on each side. 7th. Land in the middle of the paddy fields of Comunidade and the rivers in Kazan

land. § 1st. The properties mentioned in this article, those margined to public roads and

fields, within a radius of 50 metres exclusively reserved for lessees for construction of house and those which can be used for cultivation by the Comunidade itself will be identified, described, marked out, if this has been done in the survey, writing the respective minutes which will be registered in Register No. 1 of the Comunidade.

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§ 2nd. This identification will be done by the managing body with the help of a surveyor. When the property is cultivated, an agricultural graduate may also be requisitioned.

§ 3rd. Every time he thinks it necessary the Administrator will inspect the works deciding in loco any doubts that there may be.

§ 4th. After the marking out, what is determined in Art. 212 and those following will be done as far as this is applicable.

§ 5th. If the separation mentioned in § 1st is not made no lease can be granted nor confirmed any already granted.

§ 6th. After the cultivable property is separated, the managing body with the help of agricultural graduate, will fix the plan of cultivation and give the necessary estimates for the execution of works in one or more plot in such a way that cultivation can be done according to possibility.

§ 7th. The leases granted against the previous paragraphs will be null and void and the agents who were responsible for it will pay for the loss which might have resulted.

Article 326.— No land more than 3 ha. will be given on lease for cultivation and more than 1000.00 sq. metres for construction of houses. In the last case however a bigger area can be given if the applicant so desires but he will have to show the plan of the house.

§ 1st. Land from 3 ha. to 10 ha. can also be given in lease for cultivation if due to its rocky nature large sums have to be spent to bring it under cultivation or if they are paddy fields of one crop which it is desired to convert into fields of two crops.

§ 2nd. In each Comunidade the same person cannot be granted more than one lease for building purposes.

Article 327.— The properties adjoining to residential houses and those marginal to the roads, public ways, local ways or roads between villages and to the paddy fields cannot be leased for cultivation within a radius of 50 metres. They can however be leased as accesses to houses to a maximum width of 5 metres without an auction and with a lease proportional to the one previously fixed plus 50 per cent.

Article 328.— It is expressly prohibited to apply in the same application for more than one plot or to apply for plots for building purposes and cultivation at the same time or of more than one person applying jointly for the same or more plots.

Article 329.— The petitions for lease will be directed to the Governor General and will be presented in the respective Administration of Comunidades and they should contain:—

a) The denomination of the property. b) Situation. c) Boundaries. d) Probable area. e) The purpose for which it is meant. f) Declaration whether it is uncultivated or cultivated.

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§ 1st. The employee in charge of the work will give a receipt for his application to the interested party where the number of the inward register will be mentioned.

§ 2nd. No petition will be filled unless a deposit of probable expenses not exceeding 240$00, is made in the hands of the secretary of the Administration who will give the party receipt, having the day and time on which the deposit was made and the serial number in which it is receipted.

§ 3rd. The applications which are not in the prescribed form of this article will not be considered.

Article 330.— As soon as the file is organised with the application, the secretary of the Administration will announce the desire for lease in 2 successive numbers of the Government Gazette, describing the property with all conditions given in the previous article so that objections against it may be received within 30 days from the second publication and after this time limit, by attaching the objection received or declaring that there were no, will sent the file to the clerk of the Comunidade for the opinion of the Comunidade and the managing body, who within a period of 30 days which cannot be extended will give the same.

§ 1st. Extraordinary meetings of the Comunidade and the managing body for this purpose are permitted.

§ 2nd. The pages of the Government Gazette wherein the notices appeared will be attached to the file.

Article 331.— After the period for opinion of Comunidade and its managing body expires, the clerk, will return the file with or without the same.

§ 1st. After this the Administrator will notify the applicant and the "procurador" of the Comunidade to come for appointing their experts for the inspection, fixing the day and the hours for this purpose.

§ 2nd. The appointment of experts will be as per Civil Procedure Code. The third expert will always be appointed by the Administrator.

§ 3rd. In the minutes of the appointment of the experts the day and the time of the inspection will be specified and this should be within 20 days.

Article 332.— The inspection will be presided by the Administrator with his secretary and will be notified to be present, besides the expert, the applicant, the "procurador" and the clerk of the Comunidade.

§ 1st. The experts after swearing in, will give their opinion declaring if the land can or cannot be leased, if from the contract there can be any loss to the Comunidade, for which the opinion of the Comunidade and the managing body will be taken into consideration, what is the tax fixed and all other facts which may influence the final decision.

§ 2nd. If on inspection it is decided that the plot can be given on lease, it will be measured and marked out, by fixing temporary demarcation signs at all vertices.

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§ 3rd. If on inspection the plot is found not for being leased out, the applicant can ask the administrator within 8 days a new inspection and it will be allowed with five experts, 2 being appointed by the applicant, 2 by the "procurador" of the Comunidade and the fifth by the Administrator.

§ 4th. The same will be observed if the "procurador" not confirming with the opinion that it can be leased, requests a new inspection.

§ 5th. In first class Talukas, the tax cannot be less than 6$00 per 100 sq. metres and in the remaining at the rate of 3$00. If the plot requested on lease is cultivated the tax can never be less than the maximum rent in last nine years plus ten per cent.

§ 6th. After the inspection, minutes will be written which will be signed by all present and registered in the book of the Comunidade within 8 days.

Article 333.— If the applicant gives up his pretension, the Administrator will order the file to be sent to the archives and will return to the applicant the deposit after deducting the costs.

Article 334.— All the property asked for in lease will be auctioned publicly without going against Art. 327.

§ 1st. The auction will be announced in the Government Gazette with antecedence of at least fifteen days.

§ 2nd. On the day fixed for auction, the Administrator will determine that the calling of bids be made by the bailiff and once the bidding starts and the final bid is reached, the adjudication of the plot will be done in terms of paragraphs that follow, the minutes being written.

§ 3rd. In case the adjudication is to a person different from the applicant, the former will indemnify the latter with double the costs.

§ 4th. The bidder who offers the highest tax will deposit the amount equivalent to the tax of one year plus double the original deposit and only then the bidding can be taken as having ended.

§ 5th. After the lease is granted, the amount of double the deposit will be handed over to the original applicant and the amount of the tax will be placed in the safe of the Comunidade, being given to the party in the first year of the contract.

§ 6th. In case there are no bidders, the plot will be leased to the applicant for a tax fixed in the inspection.

40[Article 334-A.— Notwithstanding anything contained in Art. 334, but subject to Art. 327, a Comunidade may subject to such guidelines as the Government, may, from time to time, issue, grant on lease 41[not more than 10,000 sq. metres of land to educational societies for construction of playgrounds and] 42[not more than 400 sq. metres of] land for

40 Inserted Article 334-A by (Amendment) Act 1 of 1985[. 41 Inserted by (Amendment) Goa Act No. 3 of 1997 [12-3-1997]. 42 Inserted by (Amendment) Goa Act No. 10 of 1993 [4-5-1993].

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construction of houses or buildings, without auction, to any of the following categories or for purposes, 43[except that the Co-operative Housing Societies of landless person may be granted land not more than 800 sq. mts.]:— i) Public, Charitable or Religious Institutions; ii) For any scheme of providing housing to the economically weaker sections; iii) Small scale industrial purposes; iv) Government Departments or local bodies; v) Co-operative Housing Societies of landless persons; vi) Government servants or employees of the Comunidades 44[who are landless]; vii) Landless Jonoeiros; viii) 45[Landless] Freedom Fighters; ix) Such other categories or purposes as may be notified by the Government, from

time to time.

Provided that every notification issued under this clause shall be laid as soon as may be, after it is issued, before the Legislative Assembly:

46[Provided further that institutions of public utility and associations of professional bodies duly recognised by the Government may also be granted not more than 10,000 sq. metres of Comunidade land on lease for construction of houses or buildings, without auction.".

Provided further that the educational societies, institutions of public utility, social organisation and associations of professional bodies duly recognised by the Government and have been granted Comunidade land under any other provisions of law or are in actual possessions of the land, shall be deemed to have granted the same under the provisions of this Legislative Diploma, on payment of annual lease rent.]

47[Provided further that the Government may, with the prior consent of the concerned Comunidade, grant on lease, land admeasuring upto 2 lakh sq. mts., to any educational or health institution or any charitable and/or social trust or society or any similar social institution of public utility or engaged in the field of education or health, duly recognised by the Government, for the purpose of any Scheme, without auction:

Provided further that the scheme for which such grant is made on lease shall be scheme which is duly approved by the Government and for which a certificate of " No objection" has been issued by the Government.]

Provided further that the members of Cooperative Housing Societies and the persons belonging to the categories (vi), (vii) and (viii) above are residing in Goa for preceding 48[15] years:

43 Inserted the expression by (Amendment) Goa Act 3 of 1998 [17-1-1998]. 44 Inserted by (Amendment) Goa Act No. 10 of 1993 [4-5-1993]. 45 Inserted by (Amendment) Goa Act No. 10 of 1993 [4-5-1993]. 46 Inserted by (Amendment) Goa Act No. 3 of 1997 [12-3-1997]. 47 Inserted the provisos by (Amendment) Goa Act 24 of 2001 [4-4-2001]]. 48 Substituted for the figures “25” the figures “15” by (Amendment) Act No. 9 of 1985.

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Provided also that no person 49[or members of the Co-operative Housing Societies, as the case may be] whose annual income exceeds 50 [Rs. 3,50,000/-] or such amount as may be prescribed by the Government shall be eligible for grant of land on lease without auction.]

51[Explanation 1.— For the purpose of this Article, the word “landless” means that neither the person nor his or her spouse or minor child owns a plot of land or house in the State of Goa. The word “house” shall also include a flat or apartment.

Explanation 2.— For the purpose of this Article, the annual income of the person shall be construed to mean the annual income of the person and of his or her spouse or minor child].

Article 335.— After the auction, the secretary will present the file to the Administrator who with his opinion shall remit the same to the Directorate of Civil Administration.

§ 1st. Governor General in view of the file will appreciate the request.

§ 2nd. As soon as the file is returned to the Administration, it will be sent to the clerk of the respective Comunidade who will register within three days of its reception, the order of the Governor General in the competent book.

§ 3rd. If the order is in favour of granting the lease, the clerk of the Comunidade as soon as the same is registered will issue orders for payment of transference tax as per legislation in force and after the receipt of the payment is attached to the file will proceed with the assistance of the "Procurador" to give provisional charge of the plot to the lessee after confirming the corrections of the measurements and that no alteration in the provisional page has been taken place and will then write the minutes which will also be registered in the book.

§ 4th. After the clerk will make the provisional endorsement of the leased plot and this will be converted into final after final charge is given to the lessee.

§ 5th. If the provisional charge is not taken without justifiable reasons within four months of the order granting the lease, the Administrator will inform the Governor General of this, requesting him to cancel the order and the plot will revert to the Comunidade.

Article 336.— In case of clear indifference of the interested parties in promoting the different steps within the time limit fixed by the Administrator, the Governor General may order that the request be filed.

Article 337.— The lessee is bound to apply for final possession of the lease within 3 days after the expiration of the period fixed in Art. 341 or extended as per Art. 342.

49 Inserted the words by (Amendment) Goa Act 3 of 1998 [17-1-1998]. 50 Substituted the words and figures “Rs. 30,000/-, the words and figures “Rs. 80,000/-” by (Amendment) Goa Act No. 10

of 1993 [4-5-1993] thereafter figures [Rs. 80,000/-] the words and figures [Rs. 1,25,000/-] by (Amendment) Goa Act No. 3 of 1996 and further Rs. 1,25,000/-, the letters and figures [Rs. 3,50,000/-] by (Amendment) Goa Act 24 of 2001 .

51 Inserted by (Amendment) Goa Act No. 10 of 1993 [4-5-1993] published in the Official Gazette, Series I No. 10 dated 3-6-1993 and came into force at once.

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§ Only.— After the final possession is applied for, the administrator will confirm it on the day and time fixed and for this the lessee, the “procurador”, the clerk and the secretary of the Administration should be present. The minutes will then be written and these will be registered in the proper book.

Article 338.— The provisional charge of a plot cannot be taken into account as far as Judicial rights of the lessee are concerned it being as act of more tolerance and only the final charge confers on the lessee the rights recognised by the Civil Code. The lessee is however entitled after the provisional charge to fight for his rights by other conservatory means against a 3rd party.

Article 339.— For lease of land for agricultural purposes preference will be given to: 1st. A "gaonkar" or a shareholder with his residence in the village. 2nd. Any other resident of the village and preferably a cultivator. 3rd. The owners of the adjoining property, preference being given among these to the

one who has the least area. 4th. Those who have asked the plot on lease before the applicant and request was being

considered.

§ OnIy.— The parties with rights of preference will produce them at the time of auction after the bidding and before the plot is given away for which purpose the bidder will be told that the bidding is over. To the persons who have rights of preference, what is determined in 4th of Art. 334 will be applied except to those who come in the categories described in this article who will not have to pay double the costs.

SECTION II

Of Objections

Article 340.— Any objection against a request for lease can only be shown in the period of 30 days referred to in Art. 330.

§ 1st. After the objection is submitted and the Comunidades heard, the Administrator will not proceed as regards the portion of land of lease of which there is objection. As regards the remaining part on the usual procedure will be followed, if the applicant so desires.

§ 2nd. The objection will be put in writing and will be signed by the person who brings about the same and his signature will be attested by the notary and on it the Administrator will order that the lease be kept pending or will determine that the party should go to the court if the objection is as regards the right of property.

§ 3rd. If it is not possible to decide the objection without an inspection to the site, the necessary data will be collected in the inspection referred to in Art. 332, the party who objects being allowed to intervene and to produce any document to be considered.

§ 4th. If the applicant even after both the parties are advised to go to the Court insists on the granting of lease the file will run its course on the concession granted after all legal

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formalities but with the condition that the Comunidade is not responsible for his eviction and that the same will not bring any objection to the surrender of the land and that the lessee will substitute the Comunidade in the contention.

§ 5th. In case of the declaration referred to in the previous paragraph and which will be put in writing the determinations of the paragraph 8th and 9th of this article will not be followed and the person who brings about the objection can make his rights stand at any time provided the law in force is observed.

§ 6th. In the case of §4th the lessee is bound to pay to the Comunidade the respective lease tax till the time the sentence of the court which orders the revision of the plot to the person who brought about the objection or his legal representative has become effective.

§ 7th. In case the defence of the suit filed by the objecting party the lessee in case of para 4th will be considered the legitimate representative of the Comunidade.

§ 8th. The parties whose objections are to be decided in the Court will produce within thirty days of notification of the order referred to in § 2nd of this article a certified copy that the suit has been filed least their objections be considered null and void the course of the lease followed.

§ 9th. The parties are also bound to produce every three months a certified copy to show that the suit is following its course least the sale as prescribed in the previous paragraphs is applied to them.

§ 10. If the suit is firmly decided in favour of the Comunidade the request for lease will follow its course.

SECTION III

Of revision of leased properties

Article 341.— The leased properties which have not been taken advantage of within four years from the date of the provisional charge is given, will revert to the Comunidade.

§ 1st. The following are considered as being taken advantage of:

1st. The plots which are leased for paddy cultivation and the greater part of which are within the time limit brought under the cultivation;

2nd. The plots which are leased for cultivation of fruit trees and have been used within the time limit wholly or a greater part, for this purpose;

3rd. The plots leased for building purposes and where the building is not completed within four years and if it does not occupy at least one fifth of the area leased;

4th. The plots leased for building of houses and cultivation and which have been utilised for these purposes;

5th. The plots of an area superior to 3 ha. given for establishment of public utility and when these have been finished within 6 years and if the building with compound, play ground and accesses occupy at least a tenth of the leased area.

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2nd. When it is found that the plots leased for building purposes are taken advantage of but that the area occupied by the building is not as determined in the No. 3 of 31st, the Governor General may authorise that final charges of an area five times that occupied by the building be given without altering the lease tax and order that the remaining revert to the Comunidades.

3rd. What is determined in the previous paragraph is not applicable to leases in urban or those coming under the urbanistic laws without the opinion of the Municipal Body.

Article 342.— The lessee who for whatever reasons cannot take advantage of the lease within four years can before the expiration of that period ask for the expansion, giving reasons why they could not fulfill the contract in the time marked and the Governor General after hearing the managing body, the Comunidade and the respective Administrator will decide on the request as he thinks fit and extend the period for another year.

Article 343.— A Committee composed of the president of the managing body, the "procurador" and the clerk of the Comunidade will inspect every year, during the month of December, the leased plots, to see if they have been taken advantage of in accordance with the previous article and write the respective minutes in which the conditions in which they are at the time of inspection will be mentioned.

§ 1st. For this purpose the clerk will supply the Committee the necessary details in view of the registers and in case they are lacking obtain them from the Administration of Comunidades.

§ 2nd. A copy of the minutes will be sent not till the 15th of January of each year to the Administration of Comunidades.

§ 3rd. The members of the Committee who fail to do what is determined in this article are liable each one to a fine of 150$00 to 300$00 which will be levied by the Administrator and this will not prevent that disciplinary action be taken against the clerks.

§ 4th. The Administrator who fails to do what is determined in the previous paragraph, is liable to a fine of 300$00 to 600$00 and this will not prevent that disciplinary action be taken against him.

Article 344.— When on inspection referred to in Art. 343 it is verified that the lessee has not taken advantage of the plot as per Art. 341, he will be fined an amount equal to twenty times the lease tax and this fine cannot be less than 300.00.

Article 345.— After the copy referred to in § 2nd of Art. 343 is received, the Administrator will notify the lessees to state within 8 days in a petition the reasons why they did not take advantage of the plot.

§ 1st. If the lessee confesses his omission or does not reply to the notification, the Administrator will inform the Governor General of this proposing that the order of concession of lease be cancelled and the plot reverted to the Comunidade.

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§ 2nd. If the lessee does not agree to what is stated in the minutes of the inspection, the Administrator will order an inspection which will take place in accordance with Art. 332, by means of experts, the lessee making deposit of the necessary amount and if it is found that he is not right, the Administrator will proceed as in the previous paragraph.

Article 346.— The order of reversion will be published in the Government Gazette and the necessary endorsement will be made in the respective book.

§ 1st. The copy of this order is a document sufficient to cancel any entry of the lease in the head office; it being the duty of the "procurador" to ask for this removal within 10 days being otherwise liable to a fine of ten times the lease tax.

§ 2nd. From time the order is published in the Government Gazette the plot is considered as reverted to the Comunidades but it is not entitled to prevent any objection brought about administratively or a suit filed by the lessee.

CHAPTER VII

Of the sale of pawned articles and produce of photo

Article 347.— The pawned articles made up as per Art. 279 will be sold in the following manner if in proper time the amount they guarantee is not paid.

§ 1st. The clerk of the Comunidade will announce the sale by public auction inviting the interested parties to appear in the administration of Comunidades on the day and time fixed by the Administrator.

§ 2nd. The notice will indicate the type of articles pawned, the metal and value and the number of shares of Comunidades and to what Comunidades they are.

§ 3rd. On the day fixed and in the presence of the Administrator, the president of the managing body, the "procurador" and the clerk of the Comunidade, each of the objects in separate will be auctioned and given or all in one lot to the person who offers the biggest price, the minutes written by the clerk and signed by the person mentioned above and the bidder and two witnesses.

§ 4th. The pawned articles which have been bidden for cannot be handed over to the bidder without previous payment of the price and if this payment is not made within three days a fresh auction will be held to the first bidder being applicable the penalties mentioned in the Art. 204 of the Civil Procedure Code.

§ 5th. Of the product of auction, after deducting the amount for which the objects stood as guarantee, the interest and the percentages due, the remaining will be returned to the debtor.

Article 348.— For the sale of fruits and produce of the plots the mention of which is made in Art. 284, the formalities mentioned in this chapter and applicable in this case be observed.

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CHAPTER VIII About sanction for filing suits

Article 349.— When the Comunidade decides to file any suit in the court as per Art. 9, the "procurador" should apply to the Administrative Court stating the probable expenses of the suit the rights of the case in a proper form with document through the respective Administrator who will inform the matter. The Administrative Court will summarily decide after hearing the Attorney General and if it sanctions that the suit be filed it will authorise the expenditure that it thinks will be necessary.

Article 350.— The same procedure as in the previous article will be followed if the Comunidade asks for permission to desist, admit or come to an agreement in the suit.

Article 351.— The permission for suits of the administrative order will be asked for by an application of the "procurador" of the Comunidade to the Administrator.

Article 352.— The permission referred to in Art. 9 & 3rd of 154 will be accompanied by a draft copy of the minutes of the suit and that which is mentioned in the previous article will be presented to the authority who judges according to the Civil Procedure Code.

Article 353.— To the suits filed on account of debit account taken out according to the clause of these by-laws as well as those against the debtors of annual income and other debtors the formalities determined in this chapter are not applicable.

CHAPTER IX Of remission of liabilities and taxes payable by the Comunidade

Article 354.— The remission of fees of clerkship and any other liabilities will be applied for to the Governor General through the Administrator attaching to the application a copy of the minutes of the meeting of the Comunidade in which it might have decided about remission and a certified copy from which it will be shown that the financial condition of the Comunidade permits this payment.

§ Only.— The Administrator will obtain the opinion of the party to whom the liability is owned and if it be a collective body will send the application to its representative so that he may obtain the information and attaching the replies he gets will send the file to the Directorate of Civil Administration with his opinion to be submitted for the orders of the Governor General.

Article 355.— The document proving that the capital of remission has been paid or that equivalent number on shares of the Comunidade have been handed over is sufficient to take the liability as satisfied and cancel of the entry in the head office.

CHAPTER X About rebate of rent of fields

Article 356.— The lessee of the Comunidade have a right to ask for rebate of rent proportional to the use was debarred from making of the leased article due to unforeseen

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happening or happenings beyond his control and for which he was in no way responsible, without this stipulation affecting that is determined in § only of the following article.

Article 357.— For the purpose of what is determined beyond in the previous article, unforeseen happenings and happenings beyond the control of the lessee are only the flooding by sweet or salt water due to breaches in the bunds or the bad functioning of the sluice gates, drought, fire, the invasion of plots and lack of water in the irrigation reservoirs destined for irrigation of fields under rabi crop.

§ Only.— In the case of inundation and draughts, the lessee can then ask reduction of rent if the plot leased has produced less than half than what is assessed for. If it is found that the production is more than 75% of the assessment, the lessee is liable to a fine, applied by the Governor General and corresponding to 50% of the respective rent.

Article 358.— The lessees as soon as they notice any of the factors mentioned in the previous article should bring this to the notice of the Administrator and clerk in writing on plain paper. The clerk will bring it to the notice of his superiors and the agents of the Comunidade.

§ Only.— When the lessee recognises that water in the reservoirs for the irrigation of fields, will bring this fact to the notice in the way determined in this article till the end of November so that this fact may be verified and the area under cultivation reduced.

Article 359.— The Administration of Comunidades, the "procurador" and the contractors for the bunds and sluice if any will take immediate action to repair the damage or at least reduce it.

Article 360.— The Administrator, after the communication is received will order an immediate inspection of the field or the reservoir by technical expert or in the absence of this by a reliable person with the presence of the "procurador" and put in writing in minutes written by the clerk all that was noticed for a proper evaluation of the damage, its causes, the responsibility of the persons concerned and fixation of the plots effected.

Article 361.— No rebate will be given if the lessee has not informed of any unforeseen happening as specified in Art. 358 its only § 1st, Communications made within three days after the happening are supposed to be in time.

§ 2nd. The inspection will be for all the lessees affected.

Article 362.— The Administrator who within 48 hours does not order the inspection referred to in Art. 360 giving reasons for delay and if it is not possible to determine the cause of the happening and fix the responsibility, will be responsible towards the Comunidade for the loss that may be caused to it and these will be recovered by judicial procedure.

Article 363.— The Administrator, members of the managing body and the lessees who have not taken precautions or who have not done anything to prevent the increase of damage will be responsible towards the Comunidade for the loss that it may suffer and which will be recovered judicially.

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§ Only.— Any "gauncar" or shareholder is a legitimate person to demand the indemnity in favour of the Comunidade.

Article 364.— The application for rebate in rent addressed to the Governor General will be received in the respective Administration giving therein the name or names of the plots, their situation, probable loss expected, the cause, the responsibility of cultivating the plot and all the reasons for the request and the proof that the lessee fulfilled the technical conditions for proper cultivation.

§ 1st. The rebate for each plot will be applied by the respective lessee. When the plots are adjoining or not more than 500 meters away in the case of rebate of rent of rabi crop irrigated by the same reservoir the rebate may be asked in the same application by the lessees concerned.

§ 2nd. After the application is filed the Administrator will notify the party and the "procurador" of the Comunidade to appear in the Administration for appointing one or three experts.

§ 3rd. The appointment of experts will be made according to the general practice, the third expert being appointed by the Administrator, if the interested parties agree on only one expert, the same will be appointed by the Administrator.

§ 4th. On the appointment of the experts and at the same moment the Administrator will fix the inspection and will notify the experts, the parties concerned and the "procurador" of the Comunidade to be present on the site of the respective plots on the day and time fixed.

§ 5th. In the inspection the loss to produce will be verified, its causes and quantity, the impossibility of cultivation and everything that may contribute for the study of the problem. All this will be put in writing.

§ 6th. The parties may put their questions and the Administrator may order any investigation indispensable for proper study of the case.

§ 7th. If any lessee, the "procurador" of the Comunidade or its managing body do not agree with the result of the inspection, the measurement of the produce should be done it being the duty of the Administrator to do all that is necessary for the proper conduction of this measurement. When on measurement it is found lack of honesty on the part of experts of the inspection the Administrator will notify of this fact the Judicial Court. Within forty-eight hours and if they are Government employees he will also inform the director or head of the respective department.

§ 8th. After the inspection and other formalities are finished the Administrator will send the file for hearing of the Comunidade and the managing body and will send the file with his information to the Directorate of Civil Administration for the decision of the Governor General.

§ 9th. The Governor General from what it is found in the file will decide if the applicants deserve or not rebate in rent and in the former case will determine the rebate in each case.

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Article 365.— When rebate is asked bound on shortage of water necessary for cultivation and irrigation of rabi crops in the inspection it should be verified if it is true and the cause and also if the plots for which rebate is asked can be sowed and irrigated upto the harvesting with the existing quantity of water.

1st. If it is found that the plots of the applicant can be cultivated no rebate will be allowed, and on the other hand, after the formalities mentioned in § 6th of the preceding article, the file will be submitted with the opinion of the Administrator, for final decision.

2nd. If it is found that the shortage of water was not casual but due to the work of somebody other than the applicant the latter can use against the former all the means given to the Comunidade.

Article 366.— For granting rebate for plots which have suffered 100% loss the verification will be done by the managing body with the assistance of an agricultural graduate it being the duty of the interested parties to deposit in advance the amount for conveyance of the expert in the respective administration, what is applicable of Art. 364 being followed later.

Article 367.— The application for rebate should be presented till 15th of February when it refers to rabi and upto 15th August for khariff and upto 15th September in cases of draught and within five days in case of fire or attack by pest.

The inspection for verification of the alleged fact should be before harvesting.

CHAPTER XI

Of admission of water in the field

Article 368.— In no paddy fields of the Comunidades salt or sweet water can be admitted without the authorization of the Governor General.

§ 1st. This authorization will be applied for by the "procurador" of the Comunidade through the respective Administration attaching to the request the following documents.

a) Minutes of the meeting of the Comunidade or the managing body when the fact mentioned in Art. 38 happens deciding on the admission of water and indicating the period during which the water will continue in the fields.

b) Opinion of two doctors one of whom should be the health officer or the assistant health officer of the locality declaring that the admission of water will not have an adverse effect on the health of neighbouring population and also on the water of the walls in case of salt water being admitted.

c) Declaration of the owners of the adjoining properties that they agree with this request.

§ 2nd. The application, after the Administrator gives his opinion on it, will be submitted by the Directorate of Civil Administration for the decision of the Governor

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General after the Directorate of Economy (Agricultural Department) and the Naval Services have pronounced on it.

Article 369.— The permission if given will be subject to the following conditions:

§ 1st. The water that its to be admitted cannot be more than 0.75 metres higher than the level of the field in the middle of the field.

§ 2nd. The water cannot be retained for more than twenty-four hours for a height more than 0.50 metres in the middle of the inundated area. The admission of water can however be repeated if necessary after a minimum interval of twenty-four hours.

Article 370.— The contravention of what is determined in the previous articles is punishable by a prison on term of 6 months to two years and the corresponding fine and the village "Regedor" as soon as he is aware of it will immediately see that water is let out, writing immediately the minutes and making summary enquiries and will send the respective file to the court and will also inform of the fact to the Administration of the Comunidades and the Administration of the taluka.

§ Only.— The expenses made with the letting out of the water will be considered in the indemnity fixed in the penal judgement in case the parties are condemned the Comunidade hearing them initially.

CHAPTER XII

Of the land encroached upon and manner of reverting it

SECTION I

Of encroachment found out by or without complaint 52[Article 371.— Summary eviction of a person unauthorisedly occupying land vesting

in Comunidade.— (1) If in the opinion of the Director of Civil Administration, any person is unauthorisedly occupying or wrongfully in possession of any land—

(a) vesting in the Comunidade; or

(b) to the use or occupation of which he is not entitled or has ceased to be entitled by reason of —

(i) any of the provisions of this Code, or,

(ii) the expiry of the period of lease or termination of lease for breach of any of the conditions annexed to the tenure,

it shall be lawful for the Director of Civil Administration to summarily evict such person in the manner provided in clause (2).

(2) The Director of Civil Administration shall serve a notice on such person requiring him within such time as may appear reasonable after receipt of the said notice to vacate

52 Substituted by (Amendment) Act No. 8 of 1986 [14-10-1986].

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the land and if such notice is not obeyed, the Director of Civil Administration may remove him from such land.

(3) A person unauthorisedly occupying or wrongfully in possession of land after he has ceased to be entitled to continue the use, occupation or possession by virtue of any of the reasons specified in clause (1), shall also be liable at the discretion of the Director of Civil Administration to pay a penalty not exceeding two times the assessment or rent for the land for the period of such unauthorised use or occupation.

(4) The proceeds on account of the penalty imposed on the encroacher envisaged in clause (3) shall be credited to the coffer of the Comunidades.]

53[Article 372.— Forfeiture and removal of property left out after summary eviction.— (1) After summary eviction of any person under Art. 371, any building or other construction erected on the land or any crop raised on the land shall, if not removed by such person after such written notice as the Director of Civil Administration may deem reasonable, be liable to forfeiture or to summary removal.

(2) Forfeiture under this Article shall be adjudged by the Director of Civil Administration and any property so forfeited shall be disposed off as the Director of Civil Administration may direct, and the cost of the removal of any property under this Article shall be recoverable as an arrear of land revenue.

(3) For the purpose of this Article and Art. 371, the Director of Civil Administration means the Collector of Goa, as defined in the Goa, Daman and Diu Land Revenue Code, 1968 (9 of 1969).

(4) The Director of Civil Administration may by order, delegate any of the powers and duties conferred on him under Articles 371 and 372 of the Code to any Administrator of Comunidades or officer subordinate to him, subject to such condition, if any, as may be specified in the order.".]

54[Article 372-A. — Regularisation of unauthorized occupation, wrongful possession, etc. — (1) Notwithstanding anything contained, elsewhere in this Code, or any other law for the time being in force, or in any instrument, judgement, decree or order of any court or law, any person who is in unauthorized occupation of, or in wrongful possession of, or who has encroached upon, in or over, any land:—

(a) vested in comunidade, or

(b) to the use or occupation of which he is not entitled or has ceased to be entitled, by reason of:

(i) any of the provisions of this Code, or (ii) the expiry of the period of lease or termination of lease for breach of any of

the conditions annexed to the tenure: and has constructed, on or before 15-6-2000, a house, for residential purpose on such land, shall, on an application made by him to the Collector of the concerned district,

53 Substituted by (Amendment) Act No. 8 of 1986 [14-10-1986]. 54 Inserted the Article by (Amendment) Goa Act 46 of 2001 [29-6-2001],.

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within a period of 55[250 days] from the date on which the Art. 372-A, came into effect, in the specified form, accompanied by specified documents, and on payment of specified fees, be entitled for the regularisation of such unauthorized occupation or wrongful possession or encroachment, including of the said residential house, subject however to sub-clause (3) of Art. 372-A.

(2) From the date on which Art. 372-A came into effect till the expiry of the period of 56[250 days] prescribed under sub-clause (1) above, or till the pendency and disposal of the application, if any, made under sub-clause (1) above, as the case may be:

(a) no proceedings shall be initiated and no order shall be passed, under this Code, against a person who is eligible to apply for and whose case falls, under sub-clause (1) above, and

(b) all proceedings already initiated and any order already passed under this Code, against a person who is eligible to apply for and whose case falls under sub-clause (1) above, shall remain stayed during such period as prescribed above:

Provided that the period of stay of any proceedings initiated or of any order passed under this Code or the period during which no proceedings can be initiated or no order can be passed under this Code as stated above, shall not extend beyond a period of one year from the date on which Article 372-A came into effect, notwithstanding the fact that the said application made under sub-clause (1) above is not disposed off within the said period of 57[one year and six months.]

(3) The form of application, fees payable, the procedure to be followed in processing/deciding the application under sub-clause (1) above, the documents required to be furnished alongwith an application under sub-clause (1) above, the area to be regularized, the fine to be imposed upon, for regularization, if any, etc., shall be such as may be specified in the rules under the Code.]

Article 373. — The following are bound to denounce the encroachments:

§ 1st. The "procurador" of the Comunidade;

§ 2nd. The lessees of the fields who will denounce any encroachment not only as regards the field area but also the bunds, drains and other in property inside the fields on adjoining it which is not leased to another person.

1st. The "procurador" who does not denounce the encroachment as soon as he has knowledge of it will be dismissed from his functions losing in favour of the Comunidade all the allowances the encroachment is noticed.

2nd. The lessee who fail to denounce an encroachment as soon as they notice it will be fined half the value of the property encroached upon.

55 Substituted the figures and word, “90 days” the figures and word “250 days” by (Amendment) Goa Act 5 of 2002

[25-1-2002]. 56 Substituted by (Amendment) Goa Act 5 of 2002 [25-1-2002]. 57 Substituted for the words “one year”, the words “one year and six months” by (Amendment) Goa Act 5 of 2002

[25-1-2002].

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Article 374.— The complaint will be addressed to the Administrator and will have: a) The name, the residence and the conditions (whether married, unmarried or

widow) of the complainant as well as of the persons complained against. b) The denominator of the property encroached upon, its boundaries, probable area,

time when encroachment was made and value of the land encroached upon. c) The leased plot to which it belongs and the name of the lessees. d) Other data that it is possible to find regarding the encroachment.

Article 375.— The complaint can also be made before the managing body, if being handed over to the respective clerk who will call a meeting of the managing body within 24 hours without any authorization of the Administrator and with properly founded opinion of the same admitting or otherwise and encroachment, will send the complaint to the Administrator.

§ Only.— The members of the managing body who fail to attend the meeting of the managing body without justifiable reason are liable to three times the fine mentioned in the Art. No. 63.

Article 376.— As soon as the complaint is organised into a file, the Administrator will ask for the opinion of the managing body on it answer the proceeding article if the complaint has not been made before it and will order that the party against whom a complaint has been received to declare within 10 days by a written statement in the file whether he confesses or not having committed the encroachment and in the former case to produce the facts in his defence.

§ 1st. The party against whom the complaint has been received can be given a time limit of 20 days in case he applies for it, as necessary for obtaining documents for his defence.

§ 2nd. If the party does not confess that he has committed an encroachment the procedure fixed in the following article will be adopted.

Article 377.— After 10 days period is over the Administrator will fix the day and will order the notification of the complainant and the party against whom a complaint has been received for the appointment of experts for the purpose of inspecting the place on which there is a complaint.

One of the experts will be appointed by the complainant the other by the party against whom there is a complaint and the third by the Administrator.

§ 1st. The experts cannot be selected amongst the "gaocares" or shareholders of the Comunidade concerned.

§ 2nd. In the proceeding for appointment of the experts the Administrator will fix the day for inspection ordering that besides the experts, the members of the managing body and the lessee of the property which there is an encroachment.

§ 3rd. For the inspection the presence of the complainant and the party against whom the complaints is made is not necessary even though they might have appointed their experts.

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§ 4th. The complainant and the party against whom there is a complaint and the "procurador" can ask any question they might think necessary for proper study of the case.

§ 5th. Proceeding of the result of the inspection will be written by the secretary and the encroachment will be evaluated, measured and pegged out, all this being noted in the proceedings.

§ 6th. The members of the managing body and the lessees of the property on which there is an encroachment will be heard whilst the proceedings are being written and their opinion will be put in writing.

Article 378.— After the inspection the parties can produce all the legal proofs they wish to.

Article 379.— If from the proofs obtained as per the preceding article it is concluded that there is an encroachment, copies of the proceeding and other relevant matter will be sent to the "procurador" so that he may ask for the permission of the Administrative Court for filing the suit in the court and will impose on the party against whom the complaint was lodged the following penalties:

a) Prohibition to exercise any function of the Comunidades of the taluka and to bid remain as surety in auctions of whatever nature of the same Comunidade, either directly or through another person for a period of five years.

b) Loss in favour of the Comunidade for a similar period of "jono" share, dividend or other dues to which he might have any right in the respective Comunidade.

c) Fine of 600$00 to 300$00 when the party against whom there is a complaint is not a "gaoncar" or shareholder of the Comunidade the fine being never more than double the value of the encroachment.

§ 1st. The penalties mentioned in this article will be applied only after the suit is decided in favour of the Comunidade and if the sentence is not contested.

§ 2nd. If it is found that the complaint is groundless the file will be sent to the archives by order of Administrator.

Article 380.— The denounced party can at any stage of the administrative proceedings sign a declaration to give back the land or pay its value when the same does not exceed 1800$00, this not being permitted if the encroachment has been made after the survey of the land of the Comunidade or if he has already committed another encroachment before.

§ 1st. If the denounced party admits the encroachments and declares his willingness to return the land, the Administrator accompanied by the "procurador" and "escrivao" will take over the same land, the respective proceeding being written and these will be incorporated in the file.

§ 2nd. The declaration in which the denounced party becomes responsible for the payment of the value of the land will not be legally effective unless there is a sanction of the Administrative Court on a previous opinion of the Administrator after hearing the

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managing body and the Comunidade who should state if it is preferable to receive back the land or its value.

§ 3rd. If the Administrative Court does not approve of the declaration mentioned in the previous paragraph a suit will be filed against the party committing the encroachment independently of the sanction mentioned in Art. 349 and those following:

§ 4th. In case of restitution of the land or payment of its value the denounced party is not subject to the penalties mentioned in Art. 379 but will only pay the costs and stamps of the file.

§ 5th. If the encroachment is prior to the survey and if its cost does not exceed 900$00, the Administrative Court can determine the respective Comunidade that the land be ceded to the denounced party for the price fixed in the inspection.

Article 381.— Within 30 days after the sentence of the Court in favour of the Comunidade become final, the "procurador" of the Comunidade will produce in the administration or otherwise be subject to a fine of 60$00, a certified copy of the judicial decision so that the Administrator may apply, after hearing the parties, the penalties established not only in Art. 379 but also in the Art. 373, 1st and 2nd, with the exception of the penalty of dismissal of the "procurador" which will be applied as soon as by inspection referred to in Art. 377 the existence of an encroachment.

Article 382.— The Administrator as soon as he has knowledge of an encroachment, will proceed on his own and in accordance with the preceding articles, in this case the Comunidade being considered as the denouncing party.

Article 383.— The files of denouncements be they made by any person sanctioned in the Art. 372 and 373 or be they started on his own by the Administrator, will be on plain paper but foolscap size and the cost and stamp duty will be considered in the end and paid for the denounce or the denounced party.

§ 1st. The denouncing party cannot be condemned for payment of costs and stamp duty when the existence of encroachment is recognised by the managing body in its information referred to in Articles 375 and 376, the Comunidade being considered as denouncer in this case, unless the complaint is decidely groundless in which case the costs will be paid solely and jointly by the denouncer and the members of the managing body who admitted there was an encroachment.

§ 2nd. The expenses with the conveyance of the Administrator, of the secretary of the administration and of the expert appointed by the Administrator will however be advanced by the Comunidade.

§ 3rd. The stamp duty and costs of the files referred to in article regarding the denounced party will be demanded as per § 1st of Art. 379.

Article 384.— Half the allowance and the fines referred to in the § 1st and 2nd of Art. 373, will be given to the denouncing party who has followed the suit upto the end, the other half being credited to the Pension Fund to which will also be credited the amounts from the penalties established in Art. 379.

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SECTION II Of encroachment noticed at the time of survey

Article 385.— The survey staff referred to in Art. 210 and 211, will measure, fix the boundary stones and evaluate together with the properties of the Comunidades, any land they think might have been encroached upon, having in mind the measurements of its fields if any and any permanent Government leases, leases granted by the Comunidade itself and private adjoining property.

§ 1st. The certified copies of these measurements obtained in advance from the competent authorities will be put at the disposal of the survey staff at the beginning of the respective work attaching to them any other documents which can help to clear the cases even if they are not asked by the survey staff.

§ 2nd. Before the measurements are taken, the supposed encroaching parties will be notified to be present at the place on the day and at the time fixed to be present for the measurement and evaluation of the respective land, lest the work be done in their absence.

§ 3rd. It is the duty of the managing body to order these notifications which will be done by the clerk of the Comunidade or the "regedor" of the place where the parties reside according to Civil Procedure Code.

§ 4th. When the encroaching party does not agree with the value fixed or with the area worked out, he can apply to the Administrator to verify the same area again to evaluate by means of experts one of whom will be appointed by the applicant the other by the Comunidade and the third by the Administrator.

§ 5th. No concession of land will be done as mentioned in previous paragraph unless the applicant signs in the presence of the managing body a declaration in which he agrees to pay for the encroachment in any form fixed in Art. 387 after the rectification applied for is done.

Article 386.— There will be in each Comunidade a special book for keeping a record of the encroachments which have not been legalised and which will be entered as per model No. 14 and will contain the measurements, the boundaries and the evaluation of the land encroached upon, the name of the encroaching party and all the details necessary not only for identifying them but also for their recovery or remissions.

§ 1st. The evaluation will be the value of the plot at the time the encroachment was made and it will be paid as per Art. 387 and its paragraphs.

§ 2nd. When a suit has already been filed against the encroaching party this will be mentioned as well as the name of the "procurador" looking after the case and the date of filing the suit.

Article 387.— As soon as the register of encroachment is ready for which preference will be given over the general register, the managing body will order the notification as per § 3rd of Art. 385 of all the parties who have committed encroachment and who have not signed the declaration admitting the same during the survey in presence of the

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surveyor within thirty days declare before the same managing body in writing that they are willing to pay in full or in annual instalments not exceeding nine, the cost of land encroached upon by them failing which a suit will be filed against them.

§ 1st. The price to pay will be the value of the plot fixed according to § 1st of article 386 plus twenty-five per cent of this value.

§ 2nd. If paid in instalments an interest of 4% is chargeable.

§ 3rd. The time limit that the managing body can fix for the payment of the full price or the first instalment will not be more than thirty days.

§ 4th. The time limit for payment in instalments can be extended in special cases after hearing the Comunidade.

Article 388.— If the encroaching party does not sign the declaration in the time limit fixed in the preceding article, the managing body will extract a certified copy of the encroachment not paid for by him will send same to the Administrator, accompanied by all documents on which its finding was based and any other which may be useful for its recovery, so that necessary expenses may be authorised for filing the suit against the party.

Article 389.— When any land owner admits voluntarily having committed an encroachment and if this is not possible to prove by any document, only two thirds of value will be accepted from him if this admission is made during the survey or within fifteen days of its conclusion unless the suit has only been filed against the party.

CHAPTER XIII

Of the general procedure in dealing with any file

Article 390.— Unless where a special procedure is indicated in these by-laws all the petitions and requests dealt with the Administrator of Comunidades and to be resolved by him will undergo the following procedure:—

§ 1st. The application after the order of the Administrator will be formed into a file by the secretary with the documents which accompanied it, the corresponding number of the year being indicated on the cover as well the names of the applicants and Comunidades to which it relates.

§ 2nd. The Administrator will order that a notification to the opposing party if any be issued, so that it may allege its defence within ten days. If an attorney is appointed the same may be allowed to see the file. The attorney should be from same Taluka or judicial division.

§ 3rd. The notification will be as per the Civil Procedure Code.

§ 4th. When the managing body has to be heard or the Comunidade, the secretary will write an order on the file and remit it to the clerk of the Comunidade to whom he will hand it personally if he is in the Administration or will send it by registered post, the party being responsible for payment of postal charges.

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§ 5th. The clerk after writing a declaration of having received the file and of having it presented to the managing body will hand it over to the President and get receipt for the same.

§ 6th. The president after examining the papers presented to him on the moment and if he finds that the clerk's information is necessary will order that the same be given in the file within ten days and give after this all copies of the minutes of the Comunidade and its managing body and other loose documents or extracts from the books in his charge relating to the matter in question.

§ 7th. After the file is returned with information of the clerk or without it, if this is not necessary the President will immediately fix the day for the meeting of the managing body ordering that the necessary notice be issued.

§ 8th. In a session of the managing body or the Comunidade, the President stating the matter and hearing about it the "procurador" of the Comunidade and putting the matter to vote, will order the clerk to write the reply in the respective book as per voting that has taken place the copy of which will be attached to the file.

§ 9th. Every time the Comunidade is not one of the parties its "procurador" should be notified to appoint its attorney or to arrange its defence in case there is no need of an attorney.

§ 10th. With the reply of the Comunidade or of its managing body after writing the declaration that the file is being returned the same will be sent to the Administration and its secretary after writing a declaration of having received it will present it to the Administrator who will pronounce his decision on it within ten days, signing it in full and publishing it on the inward register.

§ 11th. When verbigeration or other sets are found necessary the Administrator after ordering the same and after hearing all the parties on their result within ten days will pronounce on the file his decision.

§ 12th. The parties will not be entitled to see the file if they do not give the power of attorney to a lawyer with residence in the Taluka or judicial division.

Article 391.— If the decision is the attribution of the Governor General the same procedure will be followed but the Administrator will give his opinion on the file and will send it to the Directorate of Civil Administration the parties being notified that the file is sent if a power of attorney to a lawyer is attached.

Article 392.— The petitions which do not demand that the Comunidade or its managing body be heard on them or even any other person or entity, will not be organised into a file and decision or information will be given in the margin or at the end.

Article 393.— All the files which have received final decision will be filed in the archive and the secretary can pass certified copies of what is required from the file without the order from the Administrator.

Article 394.— The whole file will be on plan paper in accordance with common laws the losing party being obliged to pay in the end the costs and the stamp duty which will

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be collected by the secretary of the Administration as collected from the parties according to the present bye-laws.

§ 1st. All the stages of the file including petition till they are submitted to the Governor General will be without deposits when one of the parties is a Comunidade, the cost and stamp duty being paid in the end by the losing party if this not the Comunidade which is bound to pay only the costs and stamp duty when condemned in the Court.

§ 2nd. At the request of the “procurador” of the Comunidade or his own the Administrator can demand that the opposing party when not reliable, give a surety for the payment of costs and stamp duty, the amount of surety being determined by the Administrator after hearing the secretary. The surety can be of any person in terms of the Civil Procedure Code.

Article 395.— The Administrator and the Governor General can order that files connected among themselves be attached to each other and suspension of one till the others are decided.

§ 1st. All the files which are pending and are of the same nature and among the same parties, one of them being the Comunidade will be attached so that deposits can be received and they be judged jointly.

§ 2nd. The competent higher authorities can ask for the necessary details for proper appreciation of the cases submitted for their resolution.

Article 396.— Unless the cases are of urgent nature of legal determination to the contrary, the following procedure will be adopted with the files, the defaulters being liable to a fine of 60$00 to 300$00.

§ 1st. The Administrator should issue orders which are not of ordinary routine or submit information in files which may have to be sent to higher authorities, within ten days.

§ Only. The orders of routine nature should be given immediately.

§ 2nd. The secretaries of the Administration and the clerks are bound to submit the files and do other routine work within forty eight hours.

§ 3rd. The engineers will submit the study of any work of which they may be entrusted within the time limit fixed by the Administrator after finding out the work of which they are in charge and the value of the estimate demanded.

§ 4th. The employees of the Administration and the clerk will give the information requested within five days.

§ 5th. The Comunidades and their managing bodies should give their opinion on the file within the time fixed by the Administrators, it being the duty of the clerk to return the file with a copy of the minutes within three days of the meeting.

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CHAPTER XIV Of appeals and of complaints in general

Article 397.— The appeals against the decision of the Comunidade or their managing bodies which are within the powers of the Administrator to judge, for which a special procedure has not been fixed in these bye-laws, will be submitted within ten days from the date on which they become known if the appealing party has taken part in the decision in if of it he is notified and in other cases within fifteen days of the decision.

§ 1st. The appeal will be made by an application giving reasons and submitted personally or through an attorney appointed by the clerk of the Comunidade or the secretary of the Administration who will give a receipt for it showing the date on which it was received.

§ 2nd. To complaints, what is determined in the previous paragraph is applicable. § 3rd. If the appeal is submitted to the clerk he will attach to the same copy of the

decision contested and the respective documents specially those mentioned in the appeal extracting copy of the same if it is not possible to obtain the originals and within three days will submit it to the President who will convene the Comunidade within three days according to Art. 33 and its paragraphs or the managing body depending against whose decision the appeal is.

§ 4th. If the appeal is submitted to the secretary, he will attach to the same copy of the minutes if they are with him and other relevant documents and with the order of the Administrator will send it within three days to the clerk of the Comunidade to fulfill the prescribed in the previous paragraphs.

§ 5th. All the petitions of appeal are formed into files. § 6th. After the appeal is sent to the Administrator with the answer referred to in the

final part of paragraph third, the other proofs will be obtained if so desired or if the Administrator thinks it fit.

§ 7th. The files will run their course, the lawyer having the right to see them only allegations, for a period of ten days, if the power of attorney is attached.

§ 8th. The “procurador” will attach power of attorney to a lawyer as soon as he is aware of an appeal against the Comunidade and if he has not done so unless the file is sent to the Administration, he will be notified to do so, unless there is no need of a lawyer in which case any decision will be sent to the “procurador”.

§ 9th. In everything else what is prescribed in the previous chapter will be followed.

Article 398.— When the appeal to the Governor General or the Administrative Court, what is determined in the bye laws for Government servant will be observed.

Article 399.— The costs of the file will be calculated by the secretary of the Administration.

§ Only.— In case of paragraph § 1st of Art. 394, the costs of the file will be calculated before sending to higher authorities and the appealing party which is not the Comunidade will deposit the same and the stamp duty. If it is not done so the appeal will not be considered.

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TITLE III As regards the shares of the Comunidades

CHAPTER I As regards the issue of shares

Article 400.— The No. of shares of the Comunidades and the method of dividing the social income and determining the annual dividend of the same shares are contained in table No. 8.

§ 1. This table is a copy of the catalogues existing in the various Administrations, wherein the shares and the names of the share-holders are registered, besides showing the movement of the same.

§ 2. Each one of these catalogues shall have two alphabetical, indexes one of them pertaining to the names of the share-holders or of the persons whom the shares are transferred, and the other pertaining to the names of the persons in whose favour any onus is registered.

§ 3. In further the catalogues used for substituting the existing ones shall be made according to model No. 15.

Article 401.— The face value of each share is of 120 escudos, and the real value is equal to the sum of the 20 last annual dividends.

§ Only.— The patent of the share is contained in model No. 16. It will bear handwritten the serial No. of the share, its value, the name of the shareholder and the name of the Comunidade, the date of issue, and it will be signed by the Administrator, by the President of the board and by the registrar of the Comunidade.

Article 402.— Each patent may represent one or more shares but not exceeding 10.

Article 403.— The total No. of shares issued by each Comunidade should be divisible by 100.

Article 404.— The patents representing more than one share may be unfolded on request and at the cost of the parties concerned. The new share issued in lieu thereof should contain the same number as those unfolded, followed by alphabetical letters to indicate the new numbering and the order among the shares, at the back of each such share mention should be made of the onus falling on the unfolded share which, thereafter, should be destroyed.

Article 405.— The shares in which the original patent was unfolded may again be united in a single patent, on the request at the cost of the party concerned. To this new patent the original No. shall be given, it being applicable to what is contained in the preceding Art. as regards onus and destruction.

Article 406.— It is also permissible to unite shares in number inferior than 10 until that No. is made up, but in this case the renewal shall be made at the cost of the party concerned and the united share shall bear the No. of the old individual shares.

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Article 407.— No tax is levied for the unfoldment or union of shares.

Article 408.— The issue of new shares, by division of the old ones, shall be mentioned in the catalogue against the divided share and the new shares shall bear the number.

Article 409.— The conversion of any alienable interest, when it is not yet done, shall be made in accordance with Art. 451 and the following few of the regulations approved by provincial Order No. 591, dated 30th October, 1886, it being understood that the 20 and 25 instalments fixed up in No. 2 and 3 of the said Art. 451 are of the 20 and 25 years preceding the publication of this Code, and that the divisor 10 indicated in No. 5 of the same Art. should be considered as 20.

CHAPTER II

As regards the transfer of shares

Article 410.— The shares are transferable and the form of transfer if the “pretence” (belong to) written at the back of the respective share.

Article 411.— The transfer of each share shall not be made for more than one person, except when it is the case of a husband and wife.

Article 412.— In case of transfer "inter vivos" (among the alive ones) the “belong to” when made in the Administration, shall be signed before the Administrator by the transferor whose name is written on the share or on the “belong to” put in latter on, followed by a reference to this transfer. When the “belong to” is not made in the Administration, the signature of the transferor shall be recognized by the notary public.

§ 1. The reference shall be made according to model No. 18.

§ 2. If the transferor does not know or cannot sign, the “belongs to” may be put in the presence of the Administrator or notary public, being signed by a person at the request of the transferor and by two witnesses present thereto, but in the latter case the notary public shall certify in the attestation of signatures the personal presence of the transferor.

§ 3. The “belongs to” may also be signed by the attorney with an attorney powers for alienating movable property which shall be filled in the Administration, except when it is registered in the respective book of the notary public.

§ 4. In the registration of the transfer made in accordance with this Art. the Administrator shall declare the manner in which the signature of “belongs to” was made and attested, the name of the notary public and the circumstances of being reserved the usufruct, case the “belongs to” refers to such reserve.

Article 413.— In the transfer inter vivos by means of “belongs to”, the kind of contract of the document of transfer may be stated, and, in the absence of such a statement, it shall be considered as being operated by sale.

Article 414.— If the transfer is operated “causa mortis” (as a consequence of death) or by a deed “inter vivos” (among the alive ones), in a authentic or authenticated document,

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or by sale effected in judicial inventory, judicial or Administrative suits for recovery of dues, or in the pawn shops legally authorized to do so, or finally as a consequence of a judgement by a Court of law, the “belongs to” shall be put by the Administrator and signed by him, with reference to the registration of the transfer previously made (model No. 18).

Article 415.— The registration of the voluntary transfer inter vivos by means of “belongs to” put on the share and attested in accordance with Art. 412 and its paragraphs, shall be made in presence of the same “belongs to” with a declaration signed by the transfer, or by any other person at the latter's request, and attested by the notary public, in accordance with § 2 of the said Art., mentioning the number of the shares and the documents of transfer, the name of the issuing Comunidade and the name and residence of the person to whom they are transferred.

§ 1. This declaration is dispensed with when the transferor signs the note of presentation, entered in the entry book, personally or by any other person at the request of the former, in presence of two witnesses when the former does not know to sign.

§ 2. In case of death of one who signed the "belongs to" the declaration referred to in this Article shall be made the person whom the shares have been transferred to, stating therein the names and the residence of the heirs and representatives of the transferor, who shall be summoned to claim within by days. The parties should be advised to proceed by ordinary means in case of claims.

Article 416.— The registration of transfer operated by virtue of a contract contained in an authentic or authenticated document, shall be made in view of a copy of the deed or of the authenticated document, itself, the latter one being filed in the Administration.

Article 417.— If the transfer is operated by virtue of a judgement of a Court of law against which there is no appeal, or by auction sale, adjudication or commission, in judicial inventory, in suit for recovery of dues or in pawn shops, the registration shall be made in view of the latter of auction, or of a certificate containing the fact of transfer, the number of the share, the name of the issuing Comunidade and of the shareholder to whom share belonged and mentioning that the same is free from any previous onus.

§ Only.— If the court for the recovery of dues is the Administration itself, the registration shall be made in view of the document of auction and of the order that declared the shares free from onus to the buyer.

Article 418.— If the transfer is operated causa mortis, the registration shall be made in view of sufficient documents to prove that the property of shares has been transferred to the person who applies for registration in his favour.

§ Only.— If the value of shares transferred as a consequence of legitimate succession does not exceed 1.500 escudos, the interested parties may obtain the effective registration and “belongs to” in their favour, by justifying their rights in accordance with the §1 and 2 of Art. 25.

Article 419.— The registration of transfer shall be made according to model No. 19.

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Article 420.— The transfer of shares inter vivos is exempted from payment of tax levied upon the sucessions and donations, but the “belongs to” put on the shares on account of transfer inter vivos or “causa mortis”, is subject to the tax (sale) that the law in force imposes on the “belongs to”.

CHAPTER III

“As regards the onus”

Article 421.— The shares of the Comunidades may be given in guarantee for payment or security, in pawn or in usufruct and in “consignação do rendimento” only by those in whose name their full property stands.

§ 1. The registration of “onus” referred to in this Art. shall not be made by a reference thereto in the share itself, excepting the case of reservation of usufruct, but shall be made by a special document or contract according to common law.

§ 2. It is also permitted the mention of the judicial suit for the claim of shares of Comunidades, in order that the judgement uttered be implemented against the subsequent acquirer.

Article 422.— When the contract or document wherein the pawn, usufruct or “consignação” are stipulated is presented in the Administration alongwith the respective shares, mention of its production shall be made in terms of Art. 433 registration of “onus” shall be made according to model No. 19 and the corresponding quotation shall be made in the shares according to model No. 20.

Article 423.— It is permitted to any shareholder to have provisional registration of "onus" in the shares issued or registered in his favour.

§ 1. This registration shall be made on application of the shareholder, whose signature shall be attested in terms of Art. 412 and its § 2. The application shall contain the kind of “onus” to be inscribed, its conditions, and the name and residence of the person in whose favour it is to be made.

§ 2. When the shareholder or his attorney produces the application and the respective shares, mention of this fact shall be made in terms of Art. 433, and the respective registration shall cease if, within 30 days it is not converted into effective by the person in whose favour the “onus” is made.

§ 3. The effects of conversion of provisional registration into effective one shall be valid from the date of provisional registration, for the purpose of preference or other legal effects.

§ 4. The shareholder who has obtained the provisional registration may apply in terms of § 2, for its cancellation, by proving through a declaration signed by the person in whose favour the “onus” was made and with the signature attested by the notary public, that the act or contract for whose guarantee the provisional registration was made, did not take place.

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Article 424.— The seizure of shares shall be made in the Administration after verifying from the catalogue and from the registration book if the respective shares are registered in the name of the person mentioned, and the “onus” that fall on the same. The result of this verification shall be recorded in the respective deed (auto) which will also be signed by the secretary of the administration or his substitute.

§ 1. In order to start seizure in the suits instituted in the Administration itself, there is no need of writ.

§ 2. The seizure is not permitted when the shares are issued or registered in the names other than those mentioned in the writ.

§ 3. The registrar who undertake the seizure shall immediately keep in the Administration a copy of the respective deed, signing the note of presentation, in order that the respective registration be made in view of the same copy.

§ 4. When the seizure is made in pursuance to suits filed in the Administration itself, the registration shall be made in view of the original deed (auto).

§ 5. The registrar or the respective bailiff who undertakes the seizure shall notify afterwards the holder of the shares seized to surrender them in the Administration within 8 days, failing which he is liable to prosecution for disobedience. After surrender the respective mention should be made and keep them in deposit in the Administration.

§ 6. When, after the notification referred to in the preceding §, the shareholder comes to declare that the respective shares are given in pawn to any public treasury or to private individuals, the Administrator shall in the first instance request the competent entities to send him the respective shares within 8 days and then he will order the notification of the creditor to surrender the same shares within equal time limit, in order that the necessary mention of seizure be made. The shares will remain in deposit in the Administration.

§ 7. If, after the seizure or confiscation, the shares are presented in the Administration for any registration, they shall be retained and the necessary mention of seizure shall immediately be made (model No. 20).

§ 8. Once the mention of seizure or confiscation is made the Administrator shall order the registrar of the respective Comunidade to retain its dividends in the coffer in the name of the person who determined the seizure, when this is the case.

§ 9. When the seizure or confiscation is cancelled by virtue of a judgement or on account of the extinction of the recovery suit in the Administration itself, the dividend gained and accumulated in the coffer shall be open to the holder of the confiscated shares, if nothing is mentioned as regards them in the order of judgement.

§ 10. If the holder does not surrender the shares in pursuance to the notification prescribed in paragraphs 5 and 6, and does not justify its loss or existence in the hands of other persons, the Administrator shall prepare a deed and forward it to the Public Prosecutor in order that he be punished for disobedience. He shall consider them destroyed and issue new ones in the way devised in No. 2 of Art. 436.

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Article 425.— The terms of §§ 5, 6 and 10 shall be followed (of the preceding Art.) when by order or judgement of a Court of law, it is determined that the shares be handed over to a person other than the holder and latter refuses to surrender them even after being notified.

Article 426.— In the recovery and other suits in which the sale of shares is ordered, the persons in whose favour a “onus” is inscribed shall be summoned for the proceedings of the recovery suit or sale and offer their preferences in terms of general law.

§ 1. The cancellation of seizure or confiscation or any other “onus” be falling on the sold out shares shall be made in view of the judgement that declares them free from that onus, and as regards the dividends gained and accumulated in the coffer the final part of § 9 of Art. 424 shall be followed.

§ 2. In the recovery suits filed in the administration itself, the cancellation shall be made in view of the respective suit.

Article 427.— The reversion of shares to the original state prior to the imposition of any onus, shall be made by means of the cancellation of the respective onus (model No. 19 and 20).

§ Only.— For the presentation of documents for cancellation and the following proceedings it shall be observed the same rules as are prescribed for the registrations (averbamentos).

Article 428.— The inscription of the cancellation of the onus on shares shall be entered in the inscription book of shareholders of each Comunidade, in the way prescribed in § only of Article 546.

CHAPTER IV

Common rules regarding the transfer of shares and registration of onus

Article 429.— The transfer of shares by the “belongs to” or any onus imposed on them shall have no effect, with the third parties or Comunidades either, so long its registration is not made in the Administration.

§ 1. In the transfer of shares, in the “consignação” and usufruct of its dividend the right to draw the latter starts on the day of the respective inscription in the Comunidade, except when something to the contrary is stipulated.

§ 2. Any agreement taken place in this regard shall not be mentioned in the “belong to” and the document in which it was made shall be presented in the Administration along with the share wherein the “belongs to” was put for the purpose of being considered at the time of registration.

Article 430.— The registration, whatever its nature, shall be entered in the catalogue of shares referred to in No. 9 Art. 440, and then in the respective index the No. of the shares, the person in whose name is registered or in whose favour the onus is imposed.

Article 431.— For the purpose of registration of transfers and of the onus imposed on the shares, there shall be in the Administration 2 registry books one of them for the registration of transfers and the other for inscription and cancellation of onus.

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Article 432.— For purpose of any kind of registration there shall be presented in the Administration the respective shares along with the documents wherein the security, pawn, usufruct or “consignação” are stipulated or these by means of which the transfer can be proved.

§ Only.— When one who presents the documents is not the interested party, one more declaration signed by the latter and attested by the notary public shall be required.

Article 433.— When the shares and the documents are produced, mention of this fact shah be made in the gate book, with the signature of the person who presents them of the transferor, in case of § 1 of Art. 415, or any other person on request and two witnesses when the former do not know to sign.

§ 1. In order of these entries the registrations shall be made and preferences regulated, if registration is not refused.

§ 2. A single registration shall be made when the presentation refers to the shares of different Comunidades.

§ 3. When, on account of the insufficiency of documents or defect in “belongs to” the registration is refused, the Administrator shall issue to the presenter the notes of refusal, in order that the latter lodge an appeal to the Administrative Tribunal.

§ 4. If the appeal is decided favourably, the registration made as a consequence thereto shall be deemed to have been done on the original date of presentation.

§ 5. The registration, once refused for the insufficiency of documents or for the irregularities of “belongs to”, shall not be made in view of the same document or “belongs to”, except when be presenter clarifies the doubts or obtain favourable decision of the appeal.

Article 434.— When the registration of transfer or onus is made the Administrator shall order to put in the respective shares the “belongs to” and the respective annotations, and sign them with his full name, according to model No. 17 and 19.

Article 435.— The declaration of the transferor and the documents once the basis of which the registration was made, shall be filed in the Administration, when they are not taken up from the file of Government Offices.

CHAPTER V

As regards the renewal of shares

Article 436.— Only in the following cases the shares may be renewed.

1) In case of destruction, loss or disappearance proved to the Administrator, preceded by an announcement in Government Gazette and in a newspaper of the locality inviting within 60 days any interested party to take notice of the renewal, except when the remains of the destroyed shares are shown to the Administrator and therefrom the identity is verified. In the latter case none other proof is required.

2) In the cases foreseen in § 10 of Art. 424.

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3) When at the back of the share there is no sufficient space to write new “belongs to” and the respective annotation.

§ 1. In any of the cases, the new share shall bear the No. of the old one with the addition of a alphabetical letter and a mention of renewal. At the back there should be copied the annotations of the onus still in force. The old share should be destroyed by the Administrator.

§ 2. Whenever a new share is issued without destroying the old one, for want of its surrender or for having been proved its loss, the Administrator shall announce this fact in Government Gazette, mentioning therein the number of the share and the name of the holder in whose name it was issued or to whom it was transferred lately.

§ 3. The renewal as well as the division of share is exempted from the payment of tax (selo).

Article 437.— The renewal and the division of the share may be applied for by those who are interested in it, by paying the respective expenses.

CHAPTER VI

As regards the loss of shares in favour of Comunidades

Article 438.— The shares of the Comunidades are lost in favour of the respective Comunidades when the dividends are not demanded during 30 years consecutively.

§ Only.— After the expiry of this time-limit, the Administrator, complying with the formalities contained in § 1 of Art. 25, shall order their registration in favour of the Comunidade, when there is no claim, or when the claimer, having been advised to take up ordinary proceedings, does not file the competent suit within 30 days, after notifying the Comunidade, in order to legalize his position as owner.

Article 439.— The right to sue for obtaining the cancellation of the registration of transfer of shares of Comunidades expires after 15 years from the date of registration, if the person inscribed had received the dividends and was in fair dealings, or after 30 years independently or fair dealings or otherwise.

Title IV As regards book-keeping and accounts

CHAPTER I As regards book-keeping and accounts of the Administration of

Comunidades.

Article 440.— In each administration of Comunidades there shall be for the general office work the following books supplied by the general coffer:

1) Appointment register. 2) Muster-roll.

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3) Gate Book. 4) Book for the registration of orders from higher authorities to be permanently

executed. 5) Book for the registration of outward correspondence with the Directorate of Civil

Administration and of the recommendations forwarded along with the application and suits submitted for the decision of the Governor General and Administrative Tribunal.

6) Book for the registration of correspondence with the various authorities. 7) Book for the registration of correspondence and instructions addressed to the

Comunidades. 8) Book for the registration of securities furnished. 9) Catalogue of shares, one per Comunidade. 10) Book for the registration of transfer of shares. 11) Book for inscription and cancellation of onus of shares. 12) Book for distribution and registration of recovery suits. 13) Book for the returns, expenses and titles of the general coffer of the Comunidades. 14) Book of income derived from ordinary emoluments. 15) Cash-book. 16) Current-accounts book of the Comunidades. 17) Inventory. 18) Book for the registration and accounts of the deposits made. 19) Book for the registration of case-papers pertaining to long-term leases and others. 20) Book for the registration of emoluments and gratifications paid off the suits. 21) Book for confidential correspondence.

§ 1. All these books shall be made of foolscap paper and shall be signed at the opening and closure by the Administrator, who will also put his initials on all the pages, asking any employee of the Administration to number them.

At the end of the book shall be mentioned the total No. of pages.

§ 2. The books No. 1, 3, 9, 10, 11 and 12 shall be kept as per the model No. 21, 18, 19 and 23 respectively, and the books No. 18 to 20 according to the models indicated by the Directorate of Civil Administration.

§ 3. The keeping of books No. 2, 14 and 16 and the accounts of the general coffer shall be regulated by the rules prescribed for the book-keeping and accounts of the Comunidades.

Article 441.— The gate-book shall be divided into two parts: One for the entry of applications and official papers entered, and the other for the notes of presentation of shares and documents for registrations.

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Article 442.— In each of page of books No. 2, 4, 5, 6 and 7 there shall be reserved sufficient margin on both the sides, in order to mention at the right margin the brief summary of the memorandum note or documents registered, and at the left one any previous or further references to the subject.

Article 443.— The annual budget of the general coffer, referred to in No. 2, 3 of Art. 125, shall be prepared by the secretary of the Administration and the Administrator shall comment what he deems fit at the end of it.

§ 1. A copy of the previous budget shall be attached to the new one alongwith the order of its sanction.

§ 2. In the first page of the budget and immediately below the title a summary of the income and expenses and of the balance or deficit shall be shown.

Article 444.— Extracts of the books and copies of papers and suits filed in the Administration shall be issued by the secretary of the administration, independently of the order of the Administrator, on payment of ordinary emoluments.

§ 1. The extracts of the suits for recovery of dues and that of certificate issued to the debtor after the final judgement for the purpose of payment, shall be equally issued without the order of the Administrator, but by the clerk in charge of the suit proceedings.

§ 2. The extracts of the recovery suits filed in the Administration shall also be issued in terms of this Art.

§ 3. The issuing authority shall keep the duplicate of all the copies issued and they will be filed cronologically.

CHAPTER II As regards the book-keeping and accounts of the Comunidades

SECTION I General Rules

Article 445.— The Comunidades shall have for their use the following books:- 1) The gate-book. 2) The minutes-book. 3) The cash-book. 4) The return and expenses book. 5) Current-accounts book. 6) Grants-book. 7) Contracts-book. 8) Charges-book. 9) Miscellaneous book. 10) Higher orders book. 11) Book for the registration of usurpations.

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12) Books for the registration of claims. 13) Books for the registration of the “jonoeiros”. 14) Book for the inscription of the shareholders. 15) “Pensioners” and sharers inscription book. 16) Record Office book No. 1. 17) Record Office book No. 2. 18) Inventory book. 19) Outward correspondence book.

§ Only.— All the books shall have continued writing except the current accounts book which shall be yearly.

Article 446.— The book shall be made of foolscap paper of the model approved by higher authorities, and shall be signed at the opening and closure by the Administrator who will also put his initials on all their pages, ordering the registrar of the Comunidade to number them.

At the end of book shall be mentioned the total number of pages.

§ Only.— The writing should be simple and clear, without interlineation or erasures that are not referred to at the end of the Deed, Act or Document in which they are made.

Article 447.— All written works must indicate the page, book or documents with whom they are related.

Article 448.— All the Acts, Deeds or Documents shall be written in the respective books clearly in order to afford easy reading.

Article 449.— The amounts shall be written in numbers as well as in full in the respective places.

Article 450.— From one item or subject to other item or subject there shall be left free as much space as it is indispensable.

Article 451.— No Deed shall be signed without first being read to those who will have to sign it and without correcting the mistakes committed.

Article 452.— All the books must be ready and duly initiated at least one month before finishing those that are in use.

Article 453.— The finished books which are not necessary for the ordinary yearly writing shall be duly kept, bearing each the respective label indicating the nature and the year to which they refer and then they shall be entered in the inventory.

Article 454.— All the budget, case-papers and other papers of the Comunidade shall also be kept in the same way, assembled in bundles, yearwise and subjectwise, bearing each bundle a label indicating the papers contained.

§ 1. The documents required to be sent in originals to the authorities by their order, shall be substituted in the respective bundles by copies officiously drawn and authenticated by the registrar who drew them.

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§ 2. The finished books and the papers over which more than ten years have elapsed shall be kept in the record-room of the administration, in accordance with § only of Art. 133.

Article 455.— Descriptive or short certificates of the current books and papers, as well as those from the books lying in the record-room of the Comunidade, shall be issued by the Registrar independently of any order, except the case contained in § 1 of Art. 493 of the Overseas Services Statute (E.F.U.).

§ 1. The short certificates shall be issued by copying literally the documents wherefrom they are copied down.

§ 2. When the registered deed contains various subjects which are not inter related and a copy is demanded of one more subject, the certificate shall contain the literal copy of the beginning of the deed, of the subject asked for, of the closing and of the signature, indicating with reticence the disconnected subject which has not been copied down.

§ 3. The descriptive certificates, when taken from record-office No. 2 shall contain, besides the inscription, all the onus registered over the property in reference.

Article 456.— All the certificates shall be issued by the registrar within 5 days, failing which he is liable to pay a fine of 30 escudos.

§ Only. If the time-limit of 5 days is found to be insufficient to issue the certificates, the Administrator may extend it at the justified request of the registrar.

Article 457.— Each record-room shall have an inventory of all the books, documents and other papers, mentioning the state in which they are found.

§ 1. With this inventory at hand the Administrator shall check, whenever he deems fit, the records of the Comunidades, and verify the state of preservation and order of the books, documents and other papers, and mention the result in the miscellaneous book.

§ 2. The Administrator and the secretary of the Administration shall have no claim for emoluments for this inspection, but only the conveyance allowance.

Article 458.— No book or papers shall be allowed to leave the record-room of the Comunidade, except for taking them to the Administration or by the order of the Administrator or in the cases foreseen in this Code.

§ Only.— In the criminal suits or any other, the inspection of the books of the Comunidades may take place in the respective record-room, with the previous participation of the date and hour to the Administrator, or in the Administration of the Comunidades where all the necessary books shall be requisitioned.

Article 459.— The special maintenance of each book shall made according to the rules and models prescribed in the following sections.

Article 460.— It is not permitted to take any decision or practise an act of the interest of the Comunidade without registering it in the competent book.

§ 1. The registrar who register such (deeds) in ordinary paper or in an improper book shall be punished with the suspension from the post and of the pay for 30 days.

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§ 2. When, for whatsoever reason, an act cannot be registered in the competent book and there is urgency in practising it, the Administrator, after verifying the existence of such circumstance, may authorise the registration in other book indicated by him, it shall be copied in the proper book as soon as possible.

Article 461.— The books of the Comunidades are of public trust (fé pública) and its records shall be considered public for the purpose of § 2 of Article 2423 of the Civil Code.

SECTION II

As regards the minute-book

Article 462.— The minute-book shall contain the minutes of the board and Comunidade.

§ 1. This book shall contain in each page two columns, one in the right margin and the other in the left one. The former shall be used for the previous or following with which the present one is related: the latter shall be used for the present one.

§ 2. In the minute it shall be mentioned the opinion that draw the majority and the votes and claims of the minority.

§ 3. The minutes shall be drafted by the President of the meeting, the single vote of the members and the consultative vote of the registrar shall be drafted by themselves.

SECTION III

As regards the Cash-Book

Article 463.— All the returns and expenses of the Comunidades shall be collected in and paid from the coffer, and all the entries and issues of the money shall be entered in the cash-book.

Article 464.— The cash-book shall be written according to model No. 24, by writing to the left the amounts entered and to the right the amounts issued, the latter being signed by those receive them. The closure shall be signed by all the key-keepers.

§ Only.— In the closure referred to in this Art. shall be mentioned the total amounts entered and issued.

Article 465.— In each page it shall be opened 2 columns, at the right and one at the left, the latter one for the current accounts where to it shall be added a credit or debit and the sum of the entries and issues, and the first of the former for entering in figures the amounts received and paid during the present management and the second one for those of the previous management.

Article 466.— At the end of every three months the registrar, after finding the sums of the amounts entered and issued, shall calculate the balance in a separate piece of paper and compare it with the balance in the cash-book and, alongwith the other key-keepers

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shall check the balance in the coffer and issue a certificate signed by all the key-keepers as regards the balance found in the coffer which will be sent to the Administration during the first 8 days of the following month, failing which he shall pay a fine of 60 escudos.

§ 1. Similar fine shall be imposed by the Administrator to the key-keeper who causes delay in sending it, by not being present at the checking of money in the coffer and does not justify the absence within 5 days.

§ 2. The sums forwarded for finding the balance shall refer to the page of the cash-book, and shall also indicate the serial number of the amounts entered and issued.

§ 3. Besides the three-monthly balance foreseen in this Art., monthly balance-sheets may be asked for by the higher authorities and prepared in accordance with the instructions issued by the Directorate of Civil Administration.

58[4. The final audit of the accounts of Comunidades having an annual income exceeding Rs. 15,000/-, shall be done by a Chartered Accountant, every year.]

Article 467.— At the end of the office final balance shall be shown in the cash-book and compare it with the actual balance, and thereto the arrears and advances if any, and then a list of the creditors to whom belong the said amounts shall be made, as per model No. 24, the list as well as the balance sheet being signed by the key-keepers and the out-going attorney.

Article 468.— After the preparation of this list and during the first few days of March, a deed shall be made regarding the handing over of the money found in the coffer, to the new key-keepers, with the intervention of the board and then there shall start new book-keeping, transferring thereto under item No. 1 the amount assessed in the prescribed form.

Article 469.— When by means of balance-sheets foreseen in this section, or by means of those supplied by the Administrator extraordinarily it is verified that there does not exist in the coffer the balance indicated in the case-book current accounts shall be issued and sent to the Administration, according to § 1 of Art. 562, without the prejudice of criminal and disciplinary proceedings.

SECTION IV

As regards the returns and expenses book

Article 470.— The returns and expenses book shall be used for the preparation of yearly returns and expenses sheet, and for assessing the net income or deficit of the Comunidade.

§ Only.— This book shall be kept according to model No. 25. Article 471.— The returns include:

58 Inserted the paragraph by (Amendment) Goa Act 3 of 1998 [17-1-1998]

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1. The indivisible balance of the preceding year which has been transferred to the new committee.

2. Any amounts that were set apart in the preceding sheets and were not actually spent. 3. Any amounts that entered in the coffer during previous years management and

belong to the current year's income. Under the caption “invariable”. 4. The ground rents of the long leases of Comunidades. 5. Any certain but inalterable contributions that the interested parties must pay to the

Comunidades. Under the caption “variable”. 6. The rent of the rural properties of the Comunidades. 7. The rent of the urban properties (houses). 8. The income from fish, grass, honey, wax and other agreements of the Comunidades. 9. The variable contributions that certain parties owe to the Comunidades. 10. The interest on the rent capital. 11. The interest for delay on the arrears, paid by the debtors. 12. And finally, any other occasional returns.

Article 472.— The expenses shall include:

Under the caption “invariable”. 1. The ground-rent that the Comunidade pays to Fazenda until the expiry of such

payment in terms of § only of Article 5. 2. The ground-rents that the Comunidade pays to private individuals. 3. Any amounts that the Comunidade must pay alongwith the competent authorization. 4. The pay of the registrar. 5. The pay of the servant or carrier and other employees.

Under the caption “variable”. 6. The cost of the Government Gazette of the following year. 7. The contribution to the general coffer. 8. The land tax and other taxes payable to the Fazenda. 9. The expenses on dams and other ordinary works. 10. The probable cost of the books, stationery and announcements. 11. The interest on loans acquired by the Comunidade. 12. The extraordinary expenses legally sanctioned. 13. Any other expenses duly authorised.

Article 473.— All the items of returns shall refer to the respective sources and indicate the page and the number of the book, and those of the expenses shall indicate the source or authorization from higher authorities failing which the Administrator shall anull them.

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Article 474.— By adding the returns and expenses, the net income or deficit of the Comunidade shall be found. The respective sheet after being signed by the attorney, cashier and registrar of the Comunidade, shall be forwarded to the board who will discuss it in their ordinary meeting of the month of April and omit their opinion.

Article 475.— Submitted afterwards to votation by the Comunidade and other interested parties, the registrar shall forward it to the Administration before the 16th April, alongwith a copy of the minutes of the meeting of the board and Comunidade, claims and subsidiary books and documents providing the legality of the items of returns and expenses.

§ Only.— The sheet shall also be accompanied by the papers relating to pending works or authorized ones.

Article 476.— The Administrator, as soon as he receives the sheets, shall order the personnel of the Administration to examine them, under his responsibility, and approve or alter them. He shall specify in his order the amount that should be separated and go to reserve fund upto the maximum limit of ten percent of the returns and towards the payment of the debts and occasional expenses. He shall also establish the rules to be followed in the fixation of the dividends and return the sheets before the 15th June.

Article 477.— After receiving the books, the registrar shall convene the attorney and the cashier and, by implementing the order issued in the sheets, establish the amount that should be paid as “Jono” and to the shareholders, or the deficit that should be recovered from the components, everything according to model No. 25.

Article 478.— After the implementation of what is contained in the last part of the preceding Art., distribution shall take place according to the private law of the respective Comunidade amongst the “Jonoeiros” and the shareholders, declaring the amount to be paid to each “Jonoeiro” and to each share. This declaration should be signed by the registrar, attorney and cashier.

§ 1. For the purpose of this Art. and the distribution therein contained there shall be considered only those “Jonoeiros” who were inscribed before the closure referred to in Art. 200.

§ 2. In the Comunidades whose estates have been disentailed, the net income or deficit shall be distributed, according to the conditions in which the Comunidade stands, towards the lands in proportions established in the Record Office No. 1, in order to be paid to the respective proprietor or recovered from him the share fallen due.

Article 479.— When the distribution is over the registrar shall forward to the Administration, before the 10th August, alongwith the list and the book referred to in § only of Art. 484, a map containing the returns, expenses net income or deficit and passive debt, everything compared with the respective elements of the preceding year, according to model No. 26, and attach thereto a certificate regarding the amounts separated for the purpose of works and payment of debts and the amount referred to in Art. 476, the amount due to each “Jonoeiro” and to each share and the active debts.

§ Only.— This map should be accompanied by the current accounts of the Fazenda, when the latter possesses shares in the Comunidade.

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SECTION V As regards the current accounts books

Article 480.— The current accounts book shall be divided into two parts; the first one destined to the yearly admission of the jonoeiros and to those who must contribute to the deficit and the second one to the current accounts of all the competent, employees and other parties concerned.

Article 481.— The current accounts shall be numbered in order of the admission of the components and the number of the shares and after their conclusion, new accounts shall be opened of those who have credits or debts to the Comunidades, including the Pensioners’ Bank.

§ 1. The bidders of the extraordinary works and the registrar shall have, in this capacity, accounts different from those they might be having as components or as bidders of any contract of the Comunidade.

§ 2. The Comunidade also shall have its page in this book in order to write thereon the dividends of its own shares and the items of indivisible balance, the amounts separated for the ordinary expenses not alloted by auction, for the extraordinary expenses and for the payments of debts for works, services or extraordinary supplied and reserve fund, as well as any advance given in the previous year.

Article 482.— In the right margin of the left page of the current accounts book which is used for the entry of the credit of the component, there columns shall be opened; the first one for the entry in figures of the credit items, the second one for carrying the sum of the same credit and the 3rd one for observations and registrations.

§ Only.— In each credit item there shall be indicated the number of the items of the book wherefrom it has been taken.

Article 483.— In the right margin of the right page, that is used for the entry of the debit of the component, three columns, shall be opened: the first one for the entry in figure of all the debit items, the second one for carrying forward the sum of debit that becomes automatically paid up by the respective credit and the third one for observations and registrations.

§ Only.— In each debit item there shall be mentioned the number of the item of the book wherefrom it has been taken.

Article 484.— The current accounts book shall be kept according to model No. 27.

§ Only.— The Registrars of the Comunidades shall finish the current accounts book keeping before 31st July, by crediting or debiting therein the amounts to which the components or others had right or owed to the Comunidades, and making a list of the debits of the same, originated by the lease rents of the lands or by the invariable or variable charges, in case of disentail of the properties of the Comunidade, forward it to the Administration before the 10th August alongwith the current accounts book.

Article 485.— The cashier shall collect from the Administration these lists with the Administrator’s visa before the 20th August, and shall undertake the recovery by using the means afforded in this Code.

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Article 486.— The current accounts book of the components and other debtors shall be closed from the 11th November until the end of the same month, and taking into consideration its result the registrar shall issued a confirmed list of the debts of the same before the 8th December.

Article 487.— The list referred to in the preceding Art. shall be presented in the Administration before the 10th December, alongwith the current accounts book and with the Administrator’s visa received by the cashier on the 11th and 12th of the same month.

§ Only.— The time-limits prescribed in this Art. and in the preceding one may be extended by the Administrator, according to the special circumstances of the Comunidade, but shall never be extended beyond the 31st January.

Article 488.— When the accounts are over and the list is submitted to the Administration the registrar of the Comunidade shall issue current accounts against the debtors, in terms of Art. 559.

Article 489.— The Administrators shall give by means of a notice published in the Government Gazette and affixed at the gate of the meeting house of the Comunidade a time-limit of 3 to 10 days for the payment of the “jonos” dividends and credits which were not paid on the days fixed up in Art. 106, preferably between the 15th January and the end of February.

§ 1. The notice shall mention the "jono" or the dividend is due to each “jonoeiro” and each share.

§ 2. Alongwith the notice it shall be affixed at the gate of the meeting house a comparative map of the returns and expenses of the respective Comunidade (model No. 26).

§ 3. The amounts not paid up on the marked days may be paid without any special order or any of the days reserved for the opening of the coffer, and the key-keepers shall have right to emoluments only when the payment is made during extraordinary opening.

Article 490.— The payments made directly to the coffer by the debtors mentioned in the confirmed list shall be accepted after the necessary entries in the current accountants book of the debtor in the column reserved for the observations and against the balance in debt.

§ Only.— The registrar shall always pass a receipt to the party concerned regarding these as well as any other payments.

Article 491.— The payments made to the “jonoeiros” shareholders and other creditors shall be taken from the coffer of the Comunidade and shall be entered in the current accounts of the creditor, in view of the balance in credit.

Article 492.— When the current accounts are closed, the registrar shall show the balance of credit and the debit in the same accounts, according to model No. 27.

Article 493.— The balance of credit consists of comparing the amounts which are actually credited in the current accounts with those that should have credited.

Article 494.— The amounts that should have been credited are as follows:

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1. The amount established in the returns and expenses sheet referred to in the last part of Art. 477.

2. The sum of the expenses of the same sheet.

3. The amount separated for the extraordinary works.

4. The indivisible remnant reserved for the following year.

5. The amount of tithes.

6. The amount paid by the interested parties in the coffer until the closure of current accounts, and relating to last year’s management.

7. Any amounts that are entered in the current accounts and taken from credits in arrears or from advances of the last year.

§ Only.— The sum of these items is the first entry of the balance.

Article 495.— The credited amounts shall be the same as are mentioned in the sum of the second column of the left page of current accounts and shall constitute the second entry of the balance.

Article 496.— When the sum of the amounts indicated in the preceding Art. is higher than the amounts indicated in Art. 494, the registrar shall be held responsible to the Comunidade for the difference, who, by his turn, may recover it from the one whom gave in excess; in the case of the amounts referred to in the preceding Art. being inferior, the difference shall be found in the coffer and therewith shall be paid those who were credited less.

Article 497.— The balance of the debit of the current account consists in comparing the amounts that are actually debited in the current accounts with those that should have been debited.

Article 498.— The amounts that should have been debited are as follows:

1. The total income of the Comunidade as contained in the returns sheet, with the deduction of the balance and other amounts of the credit side of the previous years.

2. The amounts of tithes.

3. The amount taken up from the coffer by last year’s management, until the closure of accounts.

4. Any amounts belonging to advances in arrear that were included in current accounts.

Article 499.— Those that are debited are the following ones: 1. The sum of the 2nd column of the right page of the current accounts. 2. The sum of the confirmed list. 3. The amounts taken up from the coffer by the cashier whose payment to the parties

concerned has not taken place and is not, therefore, included in the current accounts.

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Article 500.— When the sum of the amounts referred to in the preceding Art. is inferior than the one referred to Art. 498, the registrar shall be held responsible for the Comunidade for the difference which he may recover from the person whom he debited less, when the amounts referred to in the preceding Art. are higher, the differences shall be found in the coffer, thereby being paid those who were debited more.

Article 501.— These two balances of credit and debit shall be examined and verified by the attorney within the time-limit fixed up for the closure of accounts, and sign them after adding the necessary observations.

Article 502.— The current accounts shall be exhibited to the components and other interested parties from the 13th to the 20th December, it being the duty of the registrar to issue copies of current accounts of the same whenever asked for, duly signed in revenue paper supplied by the party concerned or on ordinary paper.

Article 503.— In the current accounts book, in the last place, there shall be opened the current accounts of the cashier, entering therein in tithes, cronologically and on the respective dates, all the amounts that he received from the coffer, the amounts in debts that he has to recover and contained in the confirmed list and the amounts that he has recovered. It will be credited to him the amounts of payments already made by him, successively and cronologically, in case the respective receipts are registered, the amounts that he kept in the coffer and those that have been paid by the debtors mentioned in the confirmed list after the closure of the current accounts.

§ Only.— The deposits shall be made in the “Caixa Economics de Goa” by the cashier, within 3 days the respective amounts being handed over to him after the respective entry in the cash book. This amount shall not exceed the one settled for each time by the Administration of the Comunidades.

Article 504.— This account shall be closed before the 25th February and on this date it shall be checked by the attorney and signed by him with the necessary observations. The difference therefrom resulting against the cashier shall be paid before the end of the same month. If not paid by that time it will carry interest at the rate of 6% with effect from the following 1st March.

Article 505.— The Registrar shall issue, in case of the preceding Art. and No. 4 of Art. 100, the current accounts against the cashier, in terms of Art. 562 and the following few, and forward it to the Administration in the form prescribed in Art. 564.

Article 506.— The current accounts issued against the cashier and against the other debtors of the Comunidade shall be entered in the respective book, in view of the balance in debt in the column for observations.

Article 507.— When the accounts of the cashier are closed, all the accounts shall be presented to the board and to the Comunidade in their ordinary meeting of March for hearing their opinion. They shall be either approved as they are or suggestions for rectification shall be made.

§ Only.— Between the 26th February and 15th March the same accounts shall be exhibited in the house of meetings, for being examined by the interested parties.

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Article 508.— When the opinion referred to in the preceding Art. is obtained the registrar shall participate it to the Administrator before the 20th March and certify that all the rules pertaining to the yearly accounts system have been observed.

Article 509.— The Administrator, as soon as he receives these participations, shall indicate the day, by means of a notice published in the Gazette, for the examination of the accounts of the registrars, key-keepers and cashiers of the Comunidades.

Article 510.— By virtue of this notice, the registrar shall notify the key-keepers to present themselves in the Administration on the fixed date and shall forward to the latter, with the anticipation of 8 days, the documents of notification and the books and papers necessary for the examination of the accounts.

§ 1. These books are those indicated in Nos. 3, 4, 5, 6, 7 and 10 of Art. 445, and the one of current accounts of the previous years, and the papers are the receipts of the payment made during the current year to Fazenda, to the general coffer and to other authorities, and the copies of the minutes of the approval of accounts.

§ 2. The Administrator may order for the sending of these books and papers in greater anticipation, in order to examine them and keep the work ready for the judgement of accounts.

Article 511.— The registrar who remains absent without justified reason on the date marked in the notice, shall be fined with 120 escudos, and in the absence of those who did not present themselves, the accounts shall be judged.

Article 512.— The accounts of the registrar shall be judged in view of the balances determined in Art. 482 and the following few, those of the President in view of the balance of the cash-book, with the help of all the accounts books and papers preferred to in § 1 of Art. 510.

§ 1. Besides the responsibility resulting from the balances of credit and debit, the registrar shall also be held responsible for what he pays more or unduly to the “Jonoeiros”, share-holders and other creditors, without the prejudice of the solidarity of other key-keepers referred to in § 1 of Art. 105. This shall be verified at the time of the judgement of accounts, showing the balance in the following way:

a) The balance of credit in arrears shall have as its first item the sum of the same credit, assessed in the second part of the general balance of the preceding year, and the second item shall contain the amounts that are taken from this credit and transferred to the sheet, the payments made during the period of management and the remnant shown in the general balance; if the sum of the second item is superior to the first one, the excess shall demonstrate the responsibility of the registrar; if, however it is inferior, it will indicate that certain creditor has not been enlisted, or that his credit was retrenched, this fact being rectified in the credit list.

b) The balance of current credit shall have as its first item the sum of the credit mentioned in the current accounts, and second item shall consist of the part compensated in the same accounts, of the amounts paid to the interested parties after the closures of accounts and of what is transferred to the next management. If the sum of the second item is higher than that of the first, the excess shall indicate the

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responsibility of the registrar, if however, it is inferior, it will indicate that certain creditor was not enlisted or that his credit was retrenched, this fact being rectified in the credit list.

§ 2. If, from these two balances any responsibility results to the registrar, the same balance shall be referred to in the judgement of accounts, and the current accounts to be issued against the registrar shall be, in this case, a copy of the same.

Article 513.— The result of the judgement of accounts shall be registered in the accounts book by order of the Administrator after entering in anticipation in the same book the necessary "autos de liquidações".

§ Only.— In case of appeal against the judgement, the copies of the balances, and of the accounts of the cashier, alongwith those of the “autos de liquidações” and of the judgement, shall form the respective suit.

Article 514.— The registrar who does not keep ready the accounts according to the rules and within the time limit, shall loose one third of his pay and may be dismissed by the Governor General after affording him the necessary hearing, in case any damage comes to the Comunidade as a result of the irregularity committed. This damage may be recovered by means of tithes on him and on the guarantor.

§ Only.— The Administrator shall appoint a person for the conclusion of accounts and fix up the corresponding remuneration according to the volume of work. This remuneration shall be paid by the Comunidade.

Article 515.— The Administrator, when he finds punishable irregularities in the accounts, shall immediately participate the fact to the Governor General, in order to assess the criminal and disciplinary responsibility of the registrar.

SECTION VI

As regards the grants book

Article 516.— Grant is the transfer of disposable credit from one current accounts to the other.

Article 517.— The creditor who wishes to transfer his disposable credit to other current account shall sign personally or through his attorney, an agreement declaring that the transfers all his net credit or a definite part thereof to one who has current accounts in the Comunidade.

Article 518.— The terms of grants shall be drafted according to model No. 28.

Article 519.— When the term is signed, the registrar shall write in figure at the right margin the amount granted, and entering it in credit and debit in the respective current accounts, shall write at the left margin of the terms the numbers of the same current accounts. This will indicate that the transfer asked for has been effected.

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Article 520.— The grant may also be effected by means of an authorization signed by the creditor of the Comunidade in revenue paper, with the signature attested by the Notary Public, when the same is not known to the registrar. The latter shall add to the grants book an item as shown in model No. 29.

§ Only.— When this item is signed by the registrar, he will indicate the amount in the margin and shall make transfers in terms indicated in preceding Art.

Article 521.— The terms and items of the grants shall carry an early serial number, reference being made thereto in the credits and debits of the corresponding current accounts.

Article 522.— The authorization for items of grant shall carry special number.

Article 523.— The grants may be effected from the 1st August to the 10th November. They shall not be accepted before or after this time-limit.

Article 524.— The registrar and the clerks, shall not be allowed to grants credits that they may have in the capacity of components of the Comunidade, without the consent of the same, so also the cashier shall not be allowed to grant or receive the credit on his personal shares without first settling the accounts of the time of his tenure of office.

Article 525.— On the 11th November the registrar and attorney shall close the book, declaring in full at the time of closure the sum of amounts granted.

SECTION VII As regards the book of charges

Article 526.— All the charges shall be made in the book of charges and signed by one who makes them.

Article 527.— Once the charge and its estimate is made in legal manner, the latter when necessary, the registrar shall write down at the margin of the respective registry the amount of charge or its estimate and, giving it in debit or credit to the respective debtor or creditor, shall write down at the left margin the numbers of the currents, what will mean that the transfer has been effected.

Article 528.— The charges on the product or rents of “Vangana” shall only be made before the 30th April and those on the product of “sorodio” before the 10th November.

§ Only.— It is applicable to the charges of “sorodio” what is contained in § only Art. of 487.

Article 529.— The terms of charges shall have a numerical order to which reference shall be made in the credit and debit of current accounts.

Article 530.— On the 11th November, the registrar and attorney of the Comunidade shall close the book of charges, declaring in full and also in figure at the margin the sum of the amounts charged, and sign the same closure.

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Article 531.— The charges made until the 10th November shall be transferred to current accounts of the con-creditor and debtors, and those made afterwards shall also be carried forward to the current accounts of the following year, alongwith those made until the 10th November of the current year.

SECTION VIII As regards the contracts book

Article 532.— The contracts book shall be used for the registration of the contracts of lease and sale of lands of works services and agreements and any other that the board may enter into.

Article 533.— The contracts shall mention the date, month and year, the object of the contract, the price of rent, the name and the residence of the bidder and of the guarantor and the conditions of the contract, when the latter are not previously stipulated and mentioned in the respective budget or estimate, and they shall be signed by the bidder and his guarantor and by the members of the board who were present.

§ 1. In the ordinary auctions, however, the registrar shall open every day a deed of the bid and therein shall be incorporated the terms of the biddings that were adjudicated, with the signature of the respective bidder and his guarantor.

The same deed shall be closed at the end of the day and signed by the members of the board according to model No. 13.

§ 2. When the bidders of his guarantors do not know or cannot sign, other persons may sign at their request, but in this case two witnesses shall intervene and sign.

§ 3. For each land lease the Comunidade shall pay to the Fazenda, in the prescribed manner, the respective tax by way of stamps, in accordance with the law in force at the time of lease when however, the auction takes place under the presidentship of the Administrator, the bidding tax also shall be paid.

§ 4. The lease tax and a part of the bidding tax shall be borne by the respective renters alongwith the rent.

Article 534.— The contracts book shall be divided into two parts the first one for the terms of auction of returns and the second one for the expenses.

Article 535.— The pages of the contracts book shall have a column at the left margin, in order to write therein the number of current accounts to which is carried the result of the auction, and the second one at the right margin in order to write therein, in figures, the amount of bid.

Article 536.— The terms of auction of returns and expenses shall carry a special serial number, according to their nature.

Article 537.— The contracts book shall also be used for the registration of any other contracts with the Comunidade or board made through a public deed or special deed.

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SECTION IX

As regards the book for various terms and deeds

Article 538.— The book for various terms and deeds shall be used for registering therein any terms or deeds not including in the preceding book, such as those of reinforcement of guarantee, transfer and others, and the deeds of inspections made by the board, with or without the experts appointed by the latter, and by the other employees of the Comunidade, in order to help .the cases of break of hedges and other similiar cases.

Article 539.— In all the terms and deeds it shall be mentioned the date, month and year in which they are made, the names and the residence of those who intervened, the subject and all the clarifications collected. It shall be signed by the registrar and others who intervened.

Article 540.— The terms shall be numbered in yearly order, and the title shall refer to the subject of the term.

SECTION X As regards the registers of orders from higher authorities

Article 541.— This register shall be divided into two parts, the first one being used for the registration of all the orders of permanent execution from higher authorities, received by the registrar.

§ Only.— In the first part there shall also be registered the receipts of the payments made to the Fazenda, to the general coffer and others, as well as any other receipts.

Article 542.— In the second part of the same book there shall be registered the official papers regarding the inspections to the lands applied for in long lease, the registration being made only at the left page, and the right one shall be used for the registration of handing over of the same long leases, which shall be done exactly at the right page of the registration of the respective deed of inspection.

SECTION XI As regards the book for the registration of usurpations

Article 543.— This book shall be used for the registration of non-legalized usurpations and kept according to model No. 14, and shall contain the measurements, limits and estimate of the usurped lands, name and residence of the usurper and all the other necessary clarifications, not only for the purpose of identification of the lands, but also for their recovery.

SECTION XII

As regards the book for the registration of claims

Article 544.— This book shall be used for the registration of claims lodged against the fixation of limits (tombação) of the fields of the Comunidade.

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§ Only.— In every page of this book there shall be, besides the space reserved for the text of the claims, two columns: one, to the right, for the registration of the final decision of the Administrator, and the other, to the left, for the serial No. of each claim (model No. 10).

SECTION XIII

As regards the book for the inscription of “jonoeiros”

Article 545.— The book for the inscription of “jonoeiros” shall be kept according to model No. 6.

SECTION XIV

As regards the book for the inscription of the shareholders

Article 546.— The book for the inscription of the shareholders shall be kept according to model No.30.

In this book there shall also be noted down the inscription and the cancellation of any onus befalling on the shares, when the interested party presents for this purpose to the Registrar of the Comunidade, a certificate of the respective registration made in the Administration, or the shares with such annotations.

Article 547.— To book referred to in the preceding Art. shall be closed on the 31st May of every year, in accordance with Art. 200.

SECTION XV

As regards the book for the inscription of the pensioners and sharers.

Article 548.— The book for the inscription of the pensioners and sharers shall be kept according to the model recommended by the Directorate of Civil Administration.

SECTION XVI The “tombo 1” book

Article 549.— The “tombo 1” book shall be used for the inscription of the rural urban and barren lands of the Comunidade, their measurements and land-marks, for the description of the sources of income of the Comunidade other than from private lands, and for the registration of the deeds of identification, description, and demarcation of the marginal lands of the roads and the paddy fields, exclusively reserved for the constructions, and of the lands capable of being brought under the plough at the cost of the Comunidade. It shall be kept according to model No. 11.

§ Only.— This book shall be accompanied by the plans of the other lands as soon as their topographic study is made.

Article 550.— The usurped lands when recovered by the Comunidade shall soon be inscribed in this book.

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SECTION XVII As regards the “tombo 2” book

Article 551.— The “tombo 2” book shall be used for the description of the tributary lands of the Comunidade or those subject to any definite contribution, it shall be kept according to model No. 12.

Article 552.— Any further change in the description contained in “tombo 2” shall be made in view of orders of the Administrator, in the form prescribed in Art. 222 and the following few.

SECTION XVIII As regards the book for the inventory

Article 553.— The book for the inventory shall be kept in accordance with the Art. 446 and the following few.

SECTION XIX As regards the book for the registration of outward correspondence.

Article 554.— The book for the registration of outward correspondence shall be used for copying therein all the correspondence issued by the Comunidade and shall have no special model.

Title V As regards the coercive recovery of the active debts.

CHAPTER I General rules

Article 555.— To the coercive recovery of the active debts of the Comunidade it is applicable the procedure laid down in the Code of Fiscal suits for the recovery of debts, with the exception of the rules contained in this “Title”.

Article 556.— Only the current accounts issued according to the rules contained in the following chapter, shall be held as a valid document for the purpose of instituting such suit.

Article 557.— In case of expiry of the main debtor in the course of the proceedings his heirs shall be notified and against them the proceedings shall follow independently of their being considered heirs by a court judgement (habilitacao).

CHAPTER II Of the current accounts

SECTION I As regards the debtors subject to coercive recovery

Article 558.— The following persons are subject to what is contained in the preceding chapter:

1. The debtors of the Comunidades, whatever the origin of the debts.

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2. The guarantors and the other persons responsible solidarily and subsidiarily for the debtors mentioned in the preceding number.

3. The debtors of fines imposed in terms of the present Code and of the court fees and taxes due in any proceedings.

§ 1. The following are exceptions:

1. The debtors of the amounts lent by the Comunidade over mortgages. The respective interest may be demanded for in terms of the preceding chapter, when the guarantee by means of mortgage is thought to be undesirable.

2. The liabilities guaranteed by mortgage, when such a guarantee is found to be desirable.

3. The debtors of the Comunidade declared by a court judgement.

§ 2. The suits for recovery of debts, made exception in the preceding § shall be instituted in terms of general law.

§ 3. In the case foreseen in No. 2 § 1, the suit for recovery of debts on the basis mortgage, shall be accompanied by the document of mortgage and of the order that assessed the total amount of debt. The suit may be contested by means of “embargos de executado” when based, besides the Art. 813 of the Civil Procedure Code, on the illegitimacy of the parties, on the illegality of the items included in the current accounts and on the falsehood of the latter.

SECTION II

As regards the issue of current accounts

Article 559.— The current accounts shall be issued officiously by the Registrar against the debtors:

1. When he is the key-keeper of the coffer, immediately after the verification of deviation of money following the balance, when the amount embezzle and its interest are not registered “in continenti” in terms of Art. 469.

2. Being cashier, before the 15th March of the following year.

3. Being debtors of interest and capital obtained in loan on pawn, within 15 days from the due date.

4. Being debtors of ground-rents, rents, charges and any other amounts mentioned in the current accounts referred to in Art. 488, before the 30th December of the respective year, except when the time-limit for the publication or the confirmed list of debtors is extended by the Administrator. In this case the current accounts shall be issued within 10 days following the expiry of the time-limit.

5. Being debtors, declared as such by an administrative judgement, within 10 days following the confirmation of the judgement.

6. Against the rest of the debtors, in a date fixed up by the Administrator.

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§ 1. The registrars who do not honour their responsibility, as assessed in the judgement of accounts, within 10 days from the confirmation of the judgement shall be suspended from duties and pay by the Administrator. The latter shall provide for their substitution immediately and shall order the substitute to issue current accounts within 3 days.

§ 2. The same method shall be adopted regarding the debts of the registrar when they derive from the fine imposed in accordance with the rules laid down in this Code.

§ 3. The suspension shall be lifted as soon as the debt and the interest, tax and court fees and the percentage are paid. The registrar shall be dismissed when the suspension lasts more than two years.

§ 4. If the key-keepers of the coffer pay cash their arrears at the time of taking the balance, but without the interest due in terms of § 1 of Art. 562, current accounts shall be issued on account of this interest within the time limit stipulated in No. 3 of this Art.

§ 5. The same method shall be adopted against the cashier if they pay their arrears without interest due in terms of Art. 504.

Article 560.— The Comunidades do not lose their right to institute recovery suits foreseen in this “Title” against the debtors, when the respective registrar does not issue current accounts in terms of the preceding Articles. In the latter case the Administrator shall order its issue, under his responsibility, as soon as the irregularity committed by the registrar comes to his notice, and shall confirm the penalty applied to the latter.

Article 561.— The registrar who does not issue the current accounts in terms of Art. 559, shall be solidarily responsible for the debts resulting from the same accounts and against him recovery suit may be instituted, separately or jointly with the respective debtors.

Article 562.— The current accounts, excepting the special cases fixed up in this Code, shall contain:

a) A copy of the current account of the debtor, with reference to the year. b) The name and the residence of the debtor and guarantors, with reference to the

responsibility of each of them. c) The amount of arrears or debt and the indication of the percentage and time of the

interest. d) The declaration whether the responsibility of the debtor was judged or not by

means of Administrative proceedings in terms of this Code. e) The name of the attorney of the crediting Comunidade. f) The amount that, after the closure of accounts, was entered in the coffer in

payment of the arrears assessed.

§ 1. If the current accounts are issued against the key-keepers of the coffer, it will consist of a copy of the balance showing how much there should have been found in the coffer, with a certificate of how much it was actually found, with reference to the date of the previous balance; the negative difference between what should have existed and what

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was actually found will be considered as arrears, the interest of which at the rate of 6% shall be due from the date of previous balance.

§ 2. If the current accounts are issued against the registrars and the debt derives from the concessions made in surplus or from the charges to loss made in the current accounts, it will consist of a copy of the balances of credit or debit referred to in Art. 493 and 497, following by a certificate of the respective part of the judgement of accounts.

§ 3. If the responsibility of the registrar derives from payment to the interested parties of amounts in excess of the balances in credit, the current accounts shall consist of a copy of the part of judgement of accounts that contains the respective balances, in terms of § s of Art. 512.

§ 4. If the responsibility of the registrar derives from accounts mistake, the current accounts shall consist of certificates of the respective judgement of accounts credit and debit, of the arrears resulting therefrom and of the part of the respective judgement of accounts.

§ 5. If the debt derives from fine, courts fees and other taxes, it shall be observed before the Administrator what is contained in Art. 92 of the Civil Procedure Code.

Article 563.— The current accounts shall be written in two columns in the same half page, one of them containing the credit and the other the debit, the balance being written in full.

§ 1. If the debtor or any of the guarantors or any person holding joint responsibility expires, the registrar shall declare so in the current accounts.

§ 2. The current accounts founded in documents not registered in the books of the Comunidades, shall always be accompanied by the same documents, in original or copies.

§ 3. When the Comunidade is the creditor, the current accounts shall be signed by the attorney in order to take notice of its issue and defend the rights of the respective Comunidade in the respective proceedings.

§ 4. In case the attorney refuses to sign the currents, the registrar shall notify and certify this fact in the current accounts.

§ 5. This notification may be made in the current accounts book and at the end of the registration of the confirmed list or in a list of the current accounts issued. This notification shall be filed in the Comunidade, and the certificate of notification issued in the current accounts shall refer to that book or to the list filed.

Article 564.— After the issue of current accounts against the debtors of the Comunidade and the notification of the attorney, in accordance with the preceding rules, the registrar who issues them shall present them in the Administration or send them within 3 days from the issue. The secretary of the Administration shall pass him a receipt for the same.

§ Only.— For the infringement of what is contained in this Art., the registrar shall be subject to what is contained in Art. 561.

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Art. 565.— After the receipt of the current accounts, the secretary shall order its entry in the gate-book, within 3 days, and thereafter he shall present them to the Administrator who shall distribute them and order the entry of the note of distribution in the book referred to in No. 12 of Art. 440, when the debtor of the current account does not go to Fazenda, to any administrative body or collective body.

§ Only.— Of the handing over of current accounts to the clerks in charge of recovery suits, the latter shall pass the respective receipt.

Article 566.— If the debtor of the current accounts is any of the entities referred to in the last part of the preceding Art. the following shall be observed:

§ 1. The current accounts against the Fazenda shall be forwarded to the Director of Fazenda with the recommendation of the Administrator. The former shall arrange for the payment of the balance in debt.

§ 2. The current accounts against any administrative body or collective body shall be forwarded to the respective representative, with the requisition for the payment of the respective balance in debt.

§ 3. The entity that receives the requisition shall issue orders within 10 days for the payment of the debt during the following 10 days, when the same debt is not contested.

§ 4. When contested, he will return the current accounts to the respective Administrator, attaching therewith a copy of the decision, of the documents on which the contestation is based and his information when he deems it fit.

§ 5. The Administrator, after receiving the current accounts alongwith the documents referred to in the preceding §, shall submit the case for the decision of the Governor General, alongwith his information.

§ 6. When the decision of the Governor General ordering any payment is communicated to the body in debt through its representative and the latter does not effect it within 10 days, this fact shall be brought to the notice of the Governor General in order to enable him to take the necessary steps.

Article 567.— The clerks in charge of recovery suits to whom current accounts have been distributed, will forward them after observing the necessary legal formalities to the Administrator in order that the latter orders for the notification of the debtors, guarantors and other persons holding joint responsibility, to the effect of, within 10 days, paying the debt or indicating the properties for confiscation, failing which the proceedings shall follow its terms.

§ 2. For the purpose of notification a writ shall be issued, when necessary, and the current accounts shall be copied therein.

SECTION III As regards the effects of the current accounts

Article 568.— The current accounts effects to the respective Comunidade the following rights:

§ 1. To have right to interest at the rate of 6% with effect from the date of notification, in case no interest is stipulated, or, in case of interest being stipulated, if they where inferior or superior to 6%.

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§ 2. To have right against the debtor, in terms of Art. 628, to 3% of the debt in favour of the court where the proceedings follow.

§ 3. To permit the imprisonment of the debtor in case on the Art. 418 of the Civil Procedure Code.

SECTION IV As regards the contestation of the current accounts

Article 569.— The accused may contest the current accounts within 10 days from the date of notification.

§ 1. When the contestation is presented, the registrar shall receive it and attach it to the suit and pass a receipt to the presenter with the declaration that it has been attached to the suit which will follow its terms.

§ 2. If the registrar refuses to accept the contestation or to pass the receipt in accordance with the proceeding the contesting party shall lodge a claim with the Administrator who, after hearing the registrar, shall resolve as he deems fit. In case the claim is attended to, the registrar may be suspended for 15 days.

Article 570.— The contestation may only be founded on: § 1. Accounts mistake. § 2. Non tallying of the accounts in the book with the current accounts issued. § 3. The payment. § 4. The compensation.

Article 571.— The contestation shall be rejected in limine in the following cases:

1. When it is not presented within 10 days from the date of notification, and it is not founded on any of the grounds contained in the preceding Art.

2. When it is not signed by the contesting party or his lawyer with the necessary attorney power.

3. When it does not specify in separate paragraphs the points contested.

4. When, it being reduced a balance in debit against the contesting party, it is not accompanied by a certificate of having effected a deposit corresponding to this balance and interest, if due, in the Administration or in the coffer of the respective Comunidade.

5. When it is not accompanied by the documents mentioned in the contestation, except when such documents are filed in the records of the Administration or of the respective Comunidade and this fact is mentioned in the contestation.

6. When it is based on accounts mistake and the latter is verified in a special suit or in accordance with Art. 512 and 513, except when there is discrepancy between the respective judgement and the current accounts.

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§ 1. If, after the acceptance of the contestation from the key-keepers or from the cashier, the latters accounts are judged in accordance with Art. 512 and 513, a certificate of the judgement shall be attached to the suit. This certificate shall stand for the judgement over the contestation of current accounts, in order to put an end to the respective suit or continue the proceedings for the recovery of the debt estimated in the judgement.

§ 2. When the contestation is not in condition of being accepted and following its terms, it will continue to be attached to the suit in order to be appreciated by a higher court, in case an appeal is instituted against the decision whereby it was not accepted.

Article 572.— The contestation suspends the proceedings that should have followed after the confiscation.

§ Only.— The confiscation, however, shall not take place in the following cases:

§ 1. When the debt derives from an obligation guaranteed by the pawn of shares of the Comunidade or of golden or silver objects or by mortgage.

§ 2. When the contesting party offers security, in accordance with the Civil Procedure Code, within 10 days from the date of notification of the order of the Administrator, including the probable court-fees, interest and other taxes.

Article 573.— After the receipt of the contestation, the attorney of the Comunidade may reply to it within 10 days commencing from the expiry of the time-limit given for the contestation. In case of more than one accused, this period will be counted from the date of the notification of the last accused.

§ 1. The reply to the contestation shall be given and signed by the attorney of the Comunidade and the lawyer, or only by the latter when he has the attorney power.

§ 2. The registrar who issued the current accounts may be heard over the matter alleged in the contestation.

SECTION V As regards the evidence and allegations

Article 574.— The evidence shall be produced within 10 days from the expiry of time-limit granted for the reply of the attorney of the Comunidade.

Article 575.— The evidence shall be documental.

§ 1. The payment shall only be proved by a certificate or receipt referring to the cash-book, issued by the registrar, which proves the entry in the coffer of the respective Comunidade of the amount whose payment is sought to be proved.

§ 2. The attorney or the registrar may bring forward the falsehood of the presented document, and in this case the respective papers shall be forwarded to the court for the decision of this incident.

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§ 3. The credit of the cashier shall not be compensated by the debtor with the credit that the latter may have right to receive from the Comunidade.

Article 576.— Within the time-limit granted for the production of evidence the Administrator shall order officiously or at the request of the parties concerned if he deems it necessary, the checking of the current accounts and the verification of the books and documents that clarify the origin of the items entered under the credit and debit of the accounts, and after this, he shall order that the result should be put in the form of a deed.

§ 1. For the purpose of this he shall notify the debtor, the creditor and the registrar who issued the current accounts. The latter shall be accompanied by the necessary books and documents.

§ 2. The exam and the checking shall be made by the Administrator or by the employees of the Administration appointed for the purpose by the Administrator, except when the parties have applied that it should be made by experts.

§ 3. The parties that wise that the exam should be made by experts shall pay the respective fees within 24 hours, failing which the exam shall be made without the intervention of experts.

Article 577.— The parties may object in writing within 5 days from the expiry of the time-limit granted for the production of evidence, except when it is not possible to conclude the exam within the same time-limit, in which case it will be counted from the day of expiry.

§ Only.— They may examine the case papers in the Administration only.

SECTION VI

As regards the judgement and appeal

Article 578.— The Administrator shall pronounce, within 10 days from the expiry of time-limit granted for the allegations, his judgement and its basis, accepting or dismissing, wholly or partly, the contestation, and in the latter case he shall annul the accounts or order for their reformation.

§ Only.— The decision shall be communicated to the parties, when they are not considered as refractory.

Article 579.— The court-fees of the contestation until its decision shall be paid by the defeated party, in proportion to defeat.

§ Only.— For the payment of the court-fees and other revenues to be paid by the crediting Comunidade as `per the judgement, the registrar who issued the current accounts shall be held responsible, in case the reformation of the latter was due to his fault or negligence, paying also in this case a fine in favour if the contesting party, equivalent to double the court-fees and other revenues.

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Article 580.— If the decision orders for the reformation of the accounts, this reformation shall be made by a deed which shall be registered in the book of the respective Comunidade, after the confirmation of the judgement pronounced upon the contestation.

Article 581.— The judgement against the Comunidade whereby the contestation was held to be valid shall not be confirmed before its appreciation by the Administrative Tribunal, whereto the papers shall be compulsorily forwarded, and the non-refractory party shall be notified regarding the same sending.

Article 582.— Appeal may be lodged to the Administrative Tribunal against every order and decree of the Administrator in the incident of the contestation against the current accounts.

§ Only.— The appeals against the intermediary orders shall be appreciated alongwith the final decision.

Article 583.— The appeal against the final decision taken upon the contestation, if it is dismissed, shall have staying effect and be appreciated alongwith the main case.

SECTION VII As regards the embargos

Article 584.— Besides the contestation of the current accounts before the Administrator, the accused may also avail of embargos.

Article 585.— When the contestation if based on No. 3 and 4 of Art. 570, the accused shall not be allowed to oppose to it by means of embargos based on the same points.

Article 586.— The embargos suspend the recovery suit in all the acts to be followed to the confiscation.

§ Only.— The confiscation shall not, however, take place in the case of No. 1 and 2 of the only § of Art. 572.

Article 587.— The embargos shall be presented to the registrar who will pass the necessary receipt to the presenter and attach them to the recovery suit or to the copy paid by him who lays the embargo, when the latter has also contested the current accounts, and after the payment of court-fees, they shall be forwarded to the Administrator who shall order their sending to the court of law within 3 days, with previous communication to the one how lays the embargos.

Article 588.— If the registrar refuses to accept the embargos or to pass the receipt with the declaration that they have been attached to the respective suit, the person who lays the embargos shall proceed in terms of § 2 of Art. 569.

Article 589.— In the ultimate proceedings of the embargos it shall be observed the corresponding rules of the Civil Procedure Code, it being applicable to the production of evidence what is contained in Art. 575 and 576 and the respective §s, in as much as is not contrary to the general law.

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§ 1. When the debt derives from the ground-rent, the embargos laid for illegality shall not be considered valid when laid by one who is inscribed in the Comunidades at one’s request as a land-lord, usufructuary or head of the family as regards the property where from the ground-rent is derived.

§ 2. If the debt derives from the rents of lands of the Comunidades and annexed contributions, the embargos laid for illegality shall not be considered valid when laid by one who has taken in lease the lands or has stood surety for the rent where from the debt derives, when the respective auction has been sanctioned by the Administrator.

CHAPTER III As regards confiscations

Article 590.— After the expiry of the period of ten days without the payment of debt, the registrar shall undertake the confiscation.

Article 591.— The confiscation shall start with the estate given specially in guarantee for the obligation where from the debt derived and proceed to the shares of the Comunidade, to the amounts whereto the debtor has right in judicial proceedings as well as Administrative and fiscal ones, to the movable and self-moving properties, to the active debts of the debtors, to rents, ground-rents, interest, quit-rent or any other rents, to the produce of the immovable property and to the latter, and as much of the estate shall be confiscated as it is found to be sufficient for the payment of the debt, interest, revenue, court-fees and percentages.

§ Only.— When the debt derives from the ground-rents, the rent or the produce of the land where from the ground-rent is derived shall be first confiscated.

Article 592.— The confiscation of the shares of Comunidade shall be made in accordance with Art. 424 and its §s.

Article 593.— What is contained in Art. 854 of the Civil Procedure Code shall also be applicable to the trustee found to be irregular in the presentation of the respective accounts.

Article 594.— If the confiscation befalls on landed property and the debtor is a married person, the other consort shall immediately be summoned.

Article 595.— When the confiscation befalls on immovable property, the registration shall be applied for to the land registrar (Conservador do Registo Predial) by the attorney of the respective Comunidade.

In the same application, a certificate of the onus falling on the confiscated property shall also be asked for.

§ 1. In the talukas where there is no land registrar’s office, the application for the registration of confiscation and for the certificate of onus shall be made through the respective Administrator.

§ 2. To the respective case papers it shall be attached the note of registration, the certificate referred to in this Art., the certificate of having issued the summons to the

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consort of the debtor and of the taxable income of the confiscated lands. Thereafter the case papers shall be forwarded to the Administrator who shall order their sending to the competent court.

Article 596.— When there is more than one confiscation on the same lands, the deposit shall be made in the hands of the first trustee, and, in case it is done in the hands of any other person, the former may ask for the change.

Article 597.— The accounts of the trustee shall be submitted to the court where the recovery suit is filed, in accordance with the rules laid down in the Civil Procedure Code, except when the confiscation befalls on the landed property. In this case the accounts shall be submitted to the ordinary court.

CHAPTER IV As regards the embargos laid by the third parties

Article 598.— In the embargos laid by the third parties the following shall be specially observed:

a) The respective judge shall reject in limine the embargos laid by the third parties which, dealing with the shares of Comunidades, are not accompanied by a document proving that the confiscated shares are registered in the name of the person who laid the embargos or of the one whose representative is the latter. Also in this case the embargos shall be rejected in case the recovery suit is filed for the debt of a dead person in whose name the shares stand.

b) The embargos of the third parties shall be rejected when the debt derives from ground-rents and other taxes due to the Comunidade and concerning the confiscated lands.

CHAPTER V As regards the auction and adjudications

Article 599.— After the confiscation, or in case of a debt guaranteed by pawn, the Administrator shall appoint the day for auctioning.

Article 600.— In the recovery suits of the value inferior than 600 escudos, no public announcement shall be made.

Article 601.— The movable property shall be taken for auction for the amount referred to in the confiscation deed.

Article 602.— The auction price, whether of the movable or landed property, shall be deposited, when it is necessary to do so, in the coffers of the respective Comunidade, and it shall be observed what is contained in Art. 614 and 615 whenever applicable. The deposit shall be made in the name of the respective court, it shall be withdrawn or credited in favour of the coffer in view of the competent precatory letter.

Article 603.— When the produce of the land is to be auctioned, the auction shall be limited to the produce of one year only, and when the price obtained is found to be

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insufficient for the integral payment of the debt, interest, taxes, court-fees and percentages, or when there is no bidder, the Administrator may order the transfer of confiscation to any other properties of the debtors, or “proceder a penhora no casco” and all that is contained in Art. 595 shall be observed.

Article 604.— The bidder who is not known shall be excluded from bidding, except when he is ready to pay in cash at the time of auction its price, the auction expenses, and revenues, or when a suitable person stands surety for him subjecting himself to the imprisonment also.

Article 605.— The person who filed the recovery suit may ask the adjudication of the properties in accordance with Art. 874 and 875 of the Civil Procedure Code.

CHAPTER VI As regards the concurrence of the creditors

Article 606.— After the auction the following persons shall be summoned:

§ 1. The creditors of the debtor referred to in the certificate of onus.

§ 2. Any other uncertain or unknown creditors.

The summons shall be issued personally to the creditors mentioned in No. 1 when they reside in this territory, and as regards the persons mentioned in No. 2 by means of public notices 20 days in advance.

Article 607.— The creditors summoned in accordance with the Art. 865 of the Civil Procedure Code and if they choose to do so, the case papers shall be immediately forwarded to the competent court for final decision as regards the concurrence of the creditors.

§ 1. What is contained in this Art. shall not be applicable to the credits claimed solely on the income realized over the auction of the shares of Comunidades, founded on the registration of onus, and when there are no preferences jointly deduced over the produce of other properties.

§ 2. In the case of the proceding §, the concurrence of the creditors shall follow before the Administrator, in the terms that the Civil Procedure Code prescribes for the concurrence in recovery suits, whenever applicable and with the exception of the modifications made in this chapter.

§ 3. The claims for the credits in concurrence may not be accompanied by the certificate of registration of onus.

Article 608.— If anybody contests the credits claimed in accordance with the Art. 866 of the Civil Procedure Code, the present Code shall be observed in case of embargos of the debtor, excepting the surety that shall not be deemed necessary.

Article 609.— When the debt guaranteed by its registration on the shares is not assessed or due, the respective creditor shall claim his credit, and, once it is given the place it has right to, shall be ordered that the due amount be collected in the coffer of the

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Comunidade, so long as it is not due and assessed or so long as any interested party does not cancel the onus because the debt claimed is extinguished.

Article 610.— The graduation of the creditors for the purpose of distribution of the income realized with the sale of shares of Comunidades shall be made the chronological order of the respective registrations.

Article 611.— The judgement that takes a final decision over the concurrence of the creditors in accordance with § 2 of Art. 607 shall declare the shares free from any onus registered for the guarantee of debtors and shall order the cancellation of the respective registrations.

CHAPTER VII

As regards the payment

Article 612.— At any stage of the suit the debtor may pay the debt as well as any other person in his name, alongwith the interest, revenues, court-fees and percentages.

§ 1. The third party who pays the debt acquires the rights of creditor for the recovery of the debt from the debtor, his guarantors or other responsible persons in accordance with this Code. He may proceed further with the same suit for this purpose.

§ 2. Other co-responsible persons who are to be considered as such in view of the respective contract or a law and the guarantors acquire the same right against the main debtor for the payment they have made in terms of the preceding §, and each of them against the others in adequate proportions according to the general law.

Article 613.— As soon as the payment is offered, the registrar shall obtain immediately from the accountant the estimate of the revenues, percentages and court-fees, and shall afterwards issue a despatch-note with the signature of the Administrator for payment to Fazenda, alongwith a duplicate for the Fazenda records.

§ Only.— The despatch-note shall be presented in the Fazenda Office and the corresponding amount be paid. The receipt of the payment effected shall be handed over to the respective registrar within 24 hours.

Article 614.— Once the despatch-note and the receipt are attached to the case papers, the registrar shall issue another despatch-note signed by the Administrator, for the payment of the debt and interest, alongwith a duplicate copy for the records of the Comunidade.

§ 1. This despatch-note shall be issued with reference to the number of the case papers and shall contain specifically the origin and the amount of the debt and interest of every current accounts sued, with the indication of the date when the current accounts were assessed, and what also shall have to be paid in the coffer of the Comunidade. An observation shall be made at the end to the effect that, besides these amounts, additional interest shall have to be paid, estimated according to No. 1 of Art. 568, at the time of payment.

§ 2. As regards the conventional interest it shall be applicable what is contained in Art. 543 of the Civil Code.

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§ 3. If the despatch-note is not attached until the time appointed for the auction, the latter shall not be suspended.

§ 4. The percentages and the court-fees already estimated shall be paid in the hands of the registrar, who shall certify the payment at the end of total sum, and he shall distribute them to these whom they belong.

Article 615.— The despatch-note referred to in the preceding § shall be presented to the registrar who issued the current accounts within 3 days, and the latter, after receiving the amount and the interest calculated, shall enter them in the cash-book, and, reference thereto, shall pass a receipt in the despatch-note and hand it over to the presenter.

§ 1. The registrar who receives the amount shown in the despatch-note shall convene the key-keepers of the coffer within 24 hours, in case the total amount received is 300 escudos, or more, and after collecting this amount in the coffer, shall authenticate the items entered in the cash book with the signature of the remaining two key-keepers.

§ 2. If the amount is inferior than 300 escudos, it may be collected in the coffer, after observing the formalities contained in the preceding §, at the time of first opening.

§ 3. In the case of the preceding §s, the registrar who received the amount shall immediately participate to the Administrator the fact of the items entered in the cash book having been authenticated with the signature of the key-keepers and the respective amount collected in the coffer.

§ 4. The person who received despatch-note for payment shall return it to the registrar who issued it, within 5 days with effect from the date of the note.

Article 616.— The debtor may pay the debt and the interest in the coffer of the Comunidade, without any despatch-note, at any stage of the proceedings.

§ Only.— The registrar of the Comunidade who collected in the coffer the amount paid shall pass a receipt that shall refer to the cash book, which shall be shown to the registrar in charge of the suit, who shall attach it to the respective suit and proceed further in terms of Art. 613.

Article 617.— After receiving the despatch-note referred to in §4 of Art. 615, or § only of Art. 613 in case the entire payment of the debt and interest has been made in the coffer of the Comunidade, the registrar shall attach it to the suit, and after the payment of the court-fees and percentages when they are due, shall forward it to the Administrator in order that the latter declares the suit extinct and orders that the same be filed.

§ 1. There shall be no notification of the judgement that considers extinct the recovery suit.

§ 2. The certificate of payment, issued by the registrar in charge of the suit and signed by the Administrator, is the legal document for the cancellation of the confiscation.

Article 618.— When the despatch-notes referred to in Art. 613 and 614 are not returned to the registrar with the prescribed time-limit alongwith their receipt of payment, the recovery suit shall proceed further.

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Article 619.— When a result of confiscation and auction some amounts are collected which are not sufficient for the payment of the debt, interest, court-fees and percentages, the revenues and court-fees shall be paid first and the rest shall be collected in the coffer of the crediting Comunidade in part-payment of the dept and the recovery suit shall proceed further as regards the rest of the debt.

Article 620.— If the debtor present money at the time of auction for the payment of the debt, interest, revenues, court-fees and percentages, auction shall be suspended for the period of time necessary for effecting all the payments in the Administration. In case within that time the payment is not effected, the auction shall proceed further.

§ 1. The amount received shall be disposed off in terms of Art. 613 and 614.

§ 2. In this case and the others, when the entire payment of debt, interest, revenues, court-fees and percentages is accepted in the Administration, the despatch-note for the payment of revenues shall be handed over to the respective bailiff alongwith the amount necessary for payment in the Fazenda, and the amount necessary for the payment of debt and interest to the registrar who issued the current accounts, the latter being called for this purpose to the Administration alongwith the cash-book in order to enter therein the respective items.

Article 621.— When the debtor wishes to make part-payment, it shall be accepted and in this case a receipt for the amount received shall be passed to him and the suit shall proceed for the rest of the debt.

Article 622.— If, after the issue of current accounts and its delivery to the secretary of the Administration, but before the summons, the debtor pays the debt or a part thereof, the registrar of the Comunidade shall pass him a receipt with reference to the cash book which shall be shown by the debtor in the Administration in order that the issue of current accounts should not proceed further. He shall, however, be held responsible for the payment of revenue and court-fees estimated before the receipt by the Administration of the same receipt.

Article 623.— The Comunidades need not stand surety for the withdrawal of money from public deposits pertaining to their credits, notwithstanding the pending appeals in the recovery suits.

Article 624.— If, by virtue of payment, discharge or “consignacao em deposito” made within the ordinary time-limit, it is necessary to deposit any amount, such deposit shall be made in the coffer of the respective Comunidade.

CHAPTER VIII As regards the incident of falsehood

Article 625.— When falsehood is invoked, the Administrator shall order that they should be sent to the competent court after being attached to the recovery suit.

Article 626.— If the falsehood alleged pertains to the summons, notification or any other proceedings of the suit, the Administrator may order that the proceedings alleged to be false should be repeated alongwith the other proceedings depending on them, and that the recovery suit should proceed further in the Administration itself.

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§ Only.— In case any proceedings alleged to be false are by order repeated, the petition that invokes the falsehood shall be detached from the suit and sent to the court in order that any crime therein committed be punished.

CHAPTER IX As regards the court-fees

Article 627.— The emoluments and the salaries shall be estimated according to the attached table.

§ 1. In the recovery suit of the value inferior than 150 escudos, the emoluments and the salaries are reduced to one fourth, and the value being inferior than 300 escudos, to half.

§ 2. It is applicable to the recovery suit the rules in force and pertaining to the counting of non stamped paper.

Article 628.— In the recovery suits, when the payment is effected in any form after the period of 10 days following the summons, the percentage of 3% of the principal debt shall preferably count against the debtor, two thirds of which shall belong to the Administrator and one third to the registrar in charge of the suit.

§ 1. The distribution of the percentage shall take place in the suit itself.

§ 2. The court-fees shall be preferred to the percentages in case of insufficiency of the amount obtained.

Article 629.— All the proceedings for which no special remuneration is fixed up in the annexed table, shall be done free of charge.

§ Only.— No court-fees nor revenues shall be payable when the debt is considered non-existing.

Article 630.— The accountant shall close the accounts by writing in full the total amount, shall not count more than once the travelling allowance for the proceedings taken place on the same day and for the same suit in favour of the employees, and, in this case, when the proceedings of the same nature are practised by more than one employee, the respective travelling allowances shall be divided equally among them. This part of the rule shall not, however be applicable to the proceedings where more than one employee is required by law.

§ 1. The court-fees shall not exceed three fourths of the amount of the recovery suit, except when there is contestation and embargos.

§ 2. When the amount of the court-fees exceeds three fourths of the amount of the recovery suit, the reduction shall fall proportionately of the employees who have right to them.

§ 3. In no case shall the negative certificates be counted, and the travelling allowances shall only be counted in the confiscation in the same circumstances as are the summons.

Article 631.— It is the duty of the registrar to distribute among the employees the court-fees, obtaining from them a receipt attachable to the suit.

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§ Only.— If an employee having right to the court-fees does not reside in the taluka, the payment may be proved by means of a receipt passed at the back of the despatch-note which shall be sent by the registrar to the secretary of the Administration of the Comunidades of other talukas, mentioning specifically the names of the employees and the court-fees they have right to.

CHAPTER X As regards the judgement of unrecoverable debts

Article 632.— The debts unrecoverable for want to estate of the debtor, guarantors and other co-responsible persons, shall be judged as unrecoverable in the same suit.

Article 633.— For the judgement of unrecoverable debts the Administrator shall hear in writing the parish-priest, the patil, the registrar of the Comunidade and its Administrative board and shall collect any other information that he deems fit.

Article 634.— If the information collected tally regarding the insolvency of the debtors, guarantors and other co-responsible persons, judgement shall be uttered considering the debt unrecoverable.

Article 635.— While judging as unrecoverable any debt, the rights of the creditor shall be safeguarded permitting him to recover the debt, within 30 years, out of the estate acquired by the debtors, guarantors or other co-responsible persons.

Article 636.— The judgement of the debt as unrecoverable shall also take place when the debt mentioned in the current accounts derives from the ground-rents, rents interests or any other periodical contributions, and when 5 years have elapsed after their due date without being summoned the person responsible for its payment or without being interrupted the “prescrição” by any legal means.

Article 637.— The unrecoverable debts shall be contained in a list organized by the registrars in charge of the suits, separately for each Comunidade, therein shall be mentioned the names of the debtors, guarantors and other co-responsible persons, the nature of the debt, the year, the amount and the numbers of the respective suits.

§ 1. The information referred to in Art. 633 shall be attached to the list.

§ 2. When the information collected tally regarding the insolvency of the debtors, guarantors and other co-responsible persons, the debt shall be judged as unrecoverable by a judgement written in the list. A certificate of the judgement shall be attached to each suit.

Article 638.— The judgement of the debts as unrecoverable shall only be valid when confirmed by the Administrative Tribunal. For this purpose the suits shall be forwarded to them.

§ Only.— When the judgement is written in the list itself referred to in Art. 637, this list shall be forwarded to the Tribunal for confirmation alongwith the respective suits.

Article 639.— After the confirmation of the judgement and the annulment of the debt, the Administrator shall order the sending of a copy of the Judgement mentioning all the

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required circumstances to the registrar of the Comunidade, in order to enable him to make the necessary entries in the books so as to avoid the entry of the annulled credits in the yearly balance, excepting the case of Art. 640.

Article 640.— The judgement shall be annulled when, within 30 days from the last proceedings in the recovery suit wherein the debtor was summoned, or from the due date for the repayment of the debt in the case of absence of summons, properly of the debtor capable of being confiscated is discovered.

§ 1. In this case, once the judgement is annulled by order of the Administrator, confiscation shall take place and other proceedings shall follow as if no judgement took place.

§ 2. The registrar in charge of the suit and the registrar of the Comunidade shall inform the Administrator and undertake the annulment of the judgement, as soon as it comes to their notice that the debtors, guarantors and other co-responsible persons possess estate that can stand for the payment of the debt.

§ 3. The annulment of the judgement shall not take place in the case foreseen in Art. 636.

Title VI General and transitory rules

Article 641.— Only the remunerations foreseen in this Code and in the annexed tables shall be paid to the employees of the Comunidades and to the Administrators, without the prejudice of what is contained in Art. 644.

§ 1. The inclusion of these employees in the categories of table I annexed to Decree No. 40.709, dated 31st July, 1956, shall give them right to draw the pay scales drawn by the Government servants of equal category, including the family allowance, travelling allowance and other expenses which shall be paid to them under the same conditions as are established to the Government servants.

§ 2. The physicians and lower staff of the Comunidades shall draw the pay fixed up by the Governor General, after consulting the respective Comunidades.

Article 642.- 59 (omitted ) Article 643.- 60 (omitted ) Article 644.- 61 (omitted )

Article 645.— The personnel of the special administrative offices of the Comunidades (Administração das Comunidades) and those of the taluka Administrations (sections of Comunidades) is governed by the general discipline of the Government servants, having the same rights and duties, without the prejudice of what is contained in this Code.

59 Omitted by (Amendment) Goa Act No. 11 of 1994 [11-5-1994]. 60 Omitted by (Amendment) Goa Act No. 11 of 1994 [11-5-1994]. 61 Omitted by (Amendment) Goa Act No. 11 of 1994 [11-5-1994].

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Article 646.— The Comunidades may recommend and the Government determine in the Comunidades wherein it is deemed necessary the constitution of “bouços”(barren grounds?)

§ Only.— A Special law shall regulate the constitution functioning and objectives of the “bouços” (barren lands?)

Article 647.— The Comunidades shall not vote the disantail of their estate.

Article 648.— The Government may restore, wherever possible and convenient, the extinct Comunidades, or foster the creation of new ones, in accordance with item (c) of Art. 6 of Decree No. 35.230 dated 8th December, 1945.

Article 649.— Fishing is prohibited in the portals of the Comunidades, it being however, permitted in the streamlets after assessment and auction. The nets shall not be spread at a distance inferior than 10 meters from the portal.

Article 650.— For the fiscal purposes, the percentages referred to in Art. 307, with ref. to item (b) of Art. 316 shall be considered as expenses.

Article 651.— Five percent of the net income of every Comunidade shall be credited in favour of the local (junta de freguesia) or other body that substitutes the board. This amount shall exclusively be spent on local improvements.

Article 652.— Every five years there shall be in Goa City on 2nd Sunday of January, a meeting of the representatives of all the Comunidades in order to discuss matters of general interest pertaining to the Comunidades, to foster its progress and recommend to the Governor General measures to be taken in this connection.

§ 1. In the first forthnight of November, the Governor General shall appoint a committee of five members selected from among the members of the administrative boards of the Comunidades, in order to adopt measures for the meeting referred to in this Article.

§ 2. In the first forthnight of December the Comunidades, or the respective administrative boards in the absence of the former, shall select the delegates to represent them in that meeting and shall sanction the expenses necessary for such representation within the possibilities of the respective budgets.

§ 3. The first meeting shall be held in 1962.

Article 653.— The Art. 341 and the following few shall be applicable to the grant of lands sanctioned in accordance with the Regulations dated 30th October, 1886, Order dated 22nd December, 1898 and the Legislative Diploma No. 651, dated 30th March, 1933, when the same lands are possessed by the grantee or his heirs.

Article 654.— The Legislative Diploma No. 814 dated 6th September, 1935, and 967 dated 3rd September, 1937 are applicable to the grant of long term leases of lands for agricultural purposes in the talukas of Ponda, Bicholim, Quepem, Sanguem and Canacona, so long as the Governor General does not determine otherwise.

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Article 655.— (transitory): The gate-keepers of the Administrations of the Comunidades permanently appointed, and the existing temporary clerks (amanuenses) appointed through competitive examination, having two years of effective and good service, shall be absorbed as 3rd class clerks, without any other formalities than the publication of such appointments in Government Gazette.

Article 656.— (transitory): The existing 2nd grade clerks and special clerks, whether temporary or by substitution, and the temporary bailiffs may be appointed for the respective posts irrespective of any competitive examination, age or qualifications, provided they have at least two years service at their credit with good information.

Article 657.— (transitory): The cases wherein the ground-rents of the long terms leases granted at the time of publication of this Legislative Diploma have been fixed up by a deliberation of the Comunidade in an amount different from the one resulting from the public auction, the loser may lodge a claim against it within 90 days from the date of publication of the present Code with the Governor General.

Article 658.— The rules contained in this Code are applicable to the pending cases, without the prejudice of what has been done before the implementation of this Code.

Article 659.— Any alterations made in the future over the matter contained in this Code shall be considered as a part thereof, and inserted in proper place either by substitution of the altered Articles or by suppression of the revoked one or by addition of those deemed necessary.

Article 660.— From the date of publication of this Code all the previous legislation regarding the Comunidades is considered revoked and specially the Legislative Diploma Nos. 651, 966, 1035, 1051, 1294, 1306, 1308, 1317, 1381, 1471, 1578, 1628, 1629, 1651, 1741 and 1869, and the Orders No. 5028, 5110 and 7664.

(2) Notwithstanding such repeal, anything done or any action taken in exercise of any power conferred by or under the said Ordinance, shall be deemed to have been done or taken in the exercise of the powers conferred by or under this Act as if this Act were in force on the date on which such thing or action was done or taken.]

Goa, 15th April, 1961.

The Governor General Manuel Antonio Vassalo e Silva.

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SCHEDULES: FORMS AND TABLES REFERRED TO IN THE CODE OF COMUNIDADES

Schedule No. I (Article 2)

ON THE COMUNIDADES EXISTING IN GOA

TISWADI TALUKA

Azossim Curca Morombim-o-pequeno Bambolim Ela Murda Batim Gancim Naroa Calapur Goa Velha Navelim Caraim Goalim-Moula Neura-o-grande Carambolim Goltim Neura-o-pequeno Chimbel Jua Passo de Ambarim Chorao Malar Talaulim de Santana Corlim Mandur Taleigao Cujira Morobim-o-grande Renovadim

SALCETE TALUKA

Assolna Cavorim Gandaulim Sarzora Ambelim Chandor Gonsua Seraulim Aquem Chinchinim Guirdolim Sernabatim Benaulim Colva Loutulim Sirlim Betalbatim Curtorim Macasana Telaulim Calata Davorlim Majorda Utorda Camorlim Deussua Margao Vanelim Cana Dicarpale Nagoa Varca Carmona Donculim Orlim Verna Cavelossim Dramapur Raia Velim

BARDEZ TALUKA

Fraternal of Adolna Candolim Sircaim Olaulim Boa Esperanca of Aldona Colvale Guirim Oxel Anjuna Corlim Mapusa Paliem Arpora Cunchelim Marna Parra Assagao Pomburpa Marra Pilerne Assonora Punola Moira Pirna Bastora Revora Nachinola Serula Bastora Saligao Nadora Tivim Calangute Sangolda Nagoa Ucassaim Camorlim Siolim Nerul Verla Canca

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MORMUGAO TALUKA

Arossim Cortalim Mormugao Vadem Cansaulim Cuelim Pale Velção Chicalim Dabolim Quelossim Chicolna Issorcim Sancoale

PONDA TALUKA

Adcolna Candola Nirancal Talaulim Bandora Codar Orgao Tiurem Betora Conxem Panchavadi Vadi Betqui Concolim Priol Vagurbem Boma Cundaim Querim Velinga Borim Curti Queula Verem Candeapar Marcaim Siroda Volvoi

BICHOLIM TALUKA

Advolpale Cotombi Navelim Sirigao Amona Cudnem Pale Surla Arvalem Dumaxem Piligao Usgao Bordem Gangem Pissurlem Vainguinim Bicholim Naroa Sarvona Velguem

PERNEM TALUKA

Agarvado Dargalim Morgim Tuem Alorna Ibrampur Paliem Uguem Arambol Mandrem Pernem Virnora

QUEPEM TALUKA

Molcornem Quepem Avedem Bali Ambaulim Xelvona Chaifi Adnem Assolda Sirvoi Chic-Xelvona Fatorpa Cotombi Vodar Provincia de Bali Quedem Curchorem Xeldem Quitol Canvorrem Cusmane Cacora Naqueri Pirla

SANGUEM TALUKA

Astagrar Curdi Nunem-Zaqui (Group) Colomba Netrauli Rivona

CANACONA TALUKA

Canacona Gaundongrem Poinguinim Cola Nagorcem-Palolem Polem

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Summary

Tiswadi Taluka ……………… 31 Salcete Taluka ………………. 40 Bardez Taluka ………………. 40 Mormugao Taluka ………….. 14 Ponda Taluka ……………….. 28 Bicholim Taluka ……………. 23 Pernem Taluka ……………… 12 Quepem Taluka ……………... 24 Sanguem Taluka ……………. 7 Canacona Taluka ……………. 7

__________ TOTAL 226 __________

SCHEDULE No. 2

Cadre of the staff of the Comunidades Administrative Offices, Sections of Comunidades affairs and offices of the clerks of Comunidades.

I (Article 127)

Assistants Talukas

Adminis-trators

J

Works Technicians

L

Secre-taries

N

Class I Q

Class II R

Class III S

Draftsmen- -cum-

-Overseers U

Bailiffs

X

Peons

Z and Z

Tiswadi 1 1 1 3 4 1 1 2 2 Salcete 1 1 1 3 4 1 1 2 2 Bardez 1 1 1 3 4 1 1 2 2 Mormugao — 1 1 — — — 1 Ponda 1 1 1 1 Bicholim — — 1 1 — — 2 (b) Pernem — — — 1(a) — — 1 Quepem — — 1 — — — 1 Sanguem — — 1 — — — 1 Canacona — — 1 — — — 1(c) 3 3 3 11 18 6 3 6 14

(a) Shall be filled in case the Comunidades pass to system of “Comunidades Commissar”. (b) The expenses with the salary of one of the posts shall be borne by Comunidades and

Mahajan associations, in the proportion 7:8. (c) The respective expenditure shall be divided pro-rata among the Comunidades and Mahajan

associations, in the proportion of 2/5 and 3/5 respectively.

Special Monthly Allowances

To the Taluka Administrators, on account of the service of the Comunidades: Ponda, Mormugao and Bicholim, Escudos 600$00, 450$00 and 450$00 respectively: Sanguem, Canacona and Quepem Escudos 180$00: Pernem, Escudos 90$00.

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To the Secretaries of the Taluka Administrative Offices, on account of the service of the Comunidades: Ponda, Mormugao and Bicholim, Escudos 120$00: Sanguem, Canacona and Quepem Escudos 90$00: Pernem, Escudos 60$00.

To the clerk of Section Office of Mahajan Associations at Pernem, on account of the service of the Comunidades, so long as the post of Assistant for the same work is not filled, Escudos 120$00.

To the Municipal Works Technicians, on account of the service of the Comunidades: Ponda, Escudos 450$00; Mormugao, Escudos 300$00 and Bicholim 250$00; in the remaining Talukas with the exception of Tiswadi, Bardez and Salcete, the technical staff of the respective Municipalties or any other technician will be employed for study and working up of projects, and they will be entitled to 3 per cent. on the value of the works.

To the staff of the Comunidades Administrative Offices, on account of the service of the Pension Fund:

Tiswadi Administrator, Escudos 500$00; Secretary, Escudos 200$00; Assistant, Class I, Escudos 100$00; Bardez and Salcete, Administrator, Escudos 350$00; Secretary, Escudos 150$00; Assistant, Class I, Escudos 100$00.

II (Article 84)

Talukas Designation Cate- gory Tiswadi Bardez Salcete Ponda Mormugao Bicholim Sanguem Canacona

Total

Clerks, Class I

Q 6 8 6 — — — — — 20

Clerks, Class II

R 11 12 15 2 — — — — 40

Clerks, Class III

S 5 (a) 6 (a) 9 (a) 9 9 8 2 2 50

(a) Includes Assistant clerks of the Comunidades of Carambolim, Chorao, Calapur and Jua in Tiswadi; Serula in Bardez; Margao and Curtorim in Salcete.

CLASSIFICATION OF THE CLERICAL OFFICES OF THE COMUNIDADES AND GROUPS OF COMUNIDADES

Clerical Offices, Class I (20)

Tiswadi — Batim*-Talaulim de Santana-Goalim-Moula (group): Calapur*-Cujira (group); Carambolim: Chorao*-Caraim-Passo de Ambarim (group); Jua: and Neura-o-grande Total 6.

Bardez — Anjuna: Calangute; Corlim-Mapuca*-Cunchelim(group) Fraternal of Aldona; Guirim-Sangolda* (group); Parra*-Canca-Verla (group); Serula; and Siolim*-Marna-Oxel (group) Total 8.

Salcete — Benaulim; Curtorim; Loutulim; Margao: Raia and Verna, Total 6.

Clerical Offices, Class II (40) Tiswadi — Azossim-Mandur (group): Morombim-o-grande*-Chimbel (group): Corlim*-Ela

(group) Gancim-Neura-o-pequeno* (group): GoaVelha*-Mercurim (group): Goltim: Malar*-Naroa (group): Morombim-o-pequeno*-Renovadim (group); Murda; Navelim; and Taleigao; Total 11.

Bardez — Assagao; Assonora*-Sircaim (group); Boa Esperanca of Aldona; Bastora-Ucassim* (group); Camorlim-Colvale* (group) Moira; Nachinola: Nerul: Marra-Pilerne* (group); Olaulim-Pomburpa* (group) Saligao; and Tivim, Total 12.

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Salcete — Aquem-Talaulim* (group): Betalbatim; Carmona; Chinchinim; Chandor*-Cavorim (group); Davorlim*-Dicarpale (group) Dramapur*-Sirlim-Deusua (group); Donculim-Seraulim* (group); Macasana; Majorda; Nagoa; Sarzora; Varca; Velim and Ambelim-Assolna* (group) Total 15.

Ponda — Marcaim and Cundaim Total 2.

Clerical Offices, Class III (43) Tiswadi — Bambolim-Curca* (group): Total 1.

Bardez — Arpora*-Nagoa (group); Candolim; Paliem*-Punola (group); Nadora*-Pirna (group); and Revora, Total 5.

Salcete — Camorlim; Guirdolim; Utorda; Calata*-Gonsua (group) Cana-Vanelim* Gandaulim (group) Cavelossim*-Orlim (group); and Colva*-Sernabatim (group); Total 7.

Ponda — Siroda: Adcolna-Boma* (group); Orgao*-Tiurem (group), Bandora*-Queula (group); Betqui-Candola*-Volvoi (group); Borim*- Talaulim-Vadi (group) Velinga*-Priol-Cuncoliem- Querim (group); Verem-Vagurbem-Candeapar*-Curti (group); and Betora-Codar-Conxem-Nirancal-Panchavadi* (group) Total 9.

Mormugao — Arossim; Cortalim; Cuelim; Mormugao; Quelossim; Sancoale-Cansaulim*-Velção (group); Chicalim*-Chicolna-Dabolim-Vadem (group); and Pale*-Issorcim (group). Total 9.

Bicholim — Advalpale*-Latambarcem-Mencurem-Dumacem (group); Amona; Arvalem-Navelim* (group); Bicholim*-Bordem-Sarvona (group) Cudnem*-Pissurlem-Cotombi-Surla (group); Naroa-Vainguinim-Piligao* (group) and Mulgao*-Sirigao (group); Pale-Velguem-Gangem-Usgao* (group) Total 8.

Sanguem — Astragar-Curdi-Rivona* (group); and Netorlim*- Colemba-Jaqui-Nundem (group). Total 2.

Canacona — Canacona-Cola*-Nagorcem-Palolem (group): and Gaundongrem-Loliem-Polem*-Poinguinim (group) Total 2.

*Headquarters for the purpose of compulsory residence of the clerk.

Note: The posts of the clerks of the groups of Comunidades Batim Telaulim, Santana-Goalim-Moula and Siolim-Marna-Oxel shall be filled gradually as the vacancies for the posting of the clerks of the same Comunidades take place.

TABLE No. 3 FEES AND SALARIES

Title I Of the Administrator of the Comunidades

CHAPTER I

Article 1. The Administrator of the Comunidades is entitled to the following fees:

— For each record of inspection, survey, possession, handing over, supervision and acceptance of works, verification and drawing up of balance sheet … 18$00.

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— The travelling allowance shall be as per the following rates:

— Upto 2 Kms. from the building of the Administration Office … 11$30.

— For subsequent 8 Kms. for each Kilometer … 5$70. Further from upto 15 Kms., for each kilometer or fraction … 3$80.

Article 2. In case when during one and same day, more than one work is performed in respect of different files or at the request of different persons, on different subjects the charge of the travelling allowance shall be divided proportionally among all the works which might have been performed and it is classified that when all these works are concerning only one file, the travelling allowance shall be one only.

Article 3. In the works requested by the Comunidades or ordered officially no fees shall be collected.

Article 4. When the chairmanship of the inspection work is entrusted to the President of the Managing Committee of the Comunidade, in the cases when this is permitted by rules, he shall be entitled to one half of the fee prescribed in article I and, when he is resident of a different village, he shall be entitled to the travelling allowance corresponding to half the distance from his residence.

CHAPTER II

Of the Secretary, Assistants and Bailiffs of the Administrative Office

Article 5. The Secretaries and the Assistants of the Administration Office are entitled to the following fee:

1. For inspection and other services dealt with in article including sealing of the coffers of the Comunidades, half of the fees fixed to the Administrator.

2. For each intimation or notification …… 1$50.

3. In all the works mentioned in this article performed out of the building of the Administration Office, they shall be entitled to half of the fees fixed to the Administrator.

Paragraph — To the case as foreseen in this number the provision of the paragraph of No. 16, Art. 11 of this table shall be applicable.

Of the Bailiffs

Article 6. The Bailiffs are entitled to the following fees:

1. For each intimation or notification, half of that which is fixed for the Secretary of the Administrative Office, and the travelling allowance, when it is due shall be the kilometer at ……… 1$00.

2. To the crier in the auctions of the interest of the private parties, for each bidding ………. 1$00.

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CHAPTER III Of the General fees of the Administration Office

Article 7. Following fees belong to the Administrative Offices:

1. On account of the distribution of the recovery files, each one ………. $40.

2. On account of authentication record of the main file and of the appended files when they are therefore each one ………. 1$00.

3. On account of each order ………. 1$20.

4. On account of each usual record in the file ………. $20.

5. On account of each record of deposits of quit-rents, rents, arrears and other of this kind ………. $40.

6. On account of each record of security by the clerks and others, appointment of arbiters, experts, appeals, disistence acquittence, ratification, bond and others of this kind ………. 3$40.

7. On account of each record of enquiry, inspection, survey, interrogation, examination, settlement of accounts, auction of properties, of properties granted under emphytheusis system and of produce from properties and others of this kind, besides writing charges ………. 6$00.

Paragraph— Only one record shall be made concerning all the produce sold under one file of proceedings:

8. For issuing notice ………. 1$20.

9. For accounting the cost of one file of proceedings ………. 2$30.

10. For each descriptive certificate or of tenor, besides writing charges ………. 2$30.

11. For each certificate of the tenor and copy of the current accounts, besides writing charges ………. 1$70.

12. For each living certificates and for each person ………. $60.

13. Search of the book of notings and of the catalogue of shares, when it is not the current one ………. 1$20.

14. Search of other non-current books and files of proceeding: a) Of the last ten years ………………………. 2$30. b) More than 10 upto 20 years further ………. 2$30. c) More than 20 years, further ………………. 4$50. d) When the searched thing is not found ……. 1$20. e) When the year is indicated search fee is not due.

15. For each "guia" intended to the payment of the transfer tax and its duplicate ………. $20.

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16. Registration of the Public Office Diploma ………. 2$80.

17. For each record of energy or cancellation of the burdens on shares, besides writing charges ………. 1$20.

18. For the record of references made in more than one catologue each title …… 1$20.

19. For each noting in the title ………. $20.

20. For renewal of titles, besides their price, each title ………. 1$20.

21. For division or grouping of titles, besides their price, each title ………. 1$20.

22. Writing charges $10 for each line of 30 letters.

23. For each registration of "jonoiro":

When the gain is up to 60$00 ………... 2$30

More than 60$00 up to 150$00 ………. 3$00

Upto 300$00 ……………………….…. 4$50

More than 300$ to 600$00 ……..……. 6$00

More than 600$00 to 900$00 ……...…. 9$00

More than 900$00 to 1,200$00 …..…. 12$00

More than 1200$00 …………………. 15$00

24. For registration of each share …...…. $40

The fee of these last two items will be deducted in the current account of the respective party in the first year of the registration.

CHAPTER IV (Article 627)

In the Coercive Recoveries

Article 8. Of the Administrator:

1. For initials in letters of any kind, orders examination of notices, "guias" documents, records and writings in the proceedings where he is the chairman, in the folios where there is no signature ………. $40.

2. For signature in the letters of any kind, edicts, deprecative letters, certificate and acquittances ………. $50.

3. For Chairmanship in the work of checking of the current accounts and in the examination of the books and records existing in the record room of the administration office or in any Comunidade, for not more than 4 hours ………. 7$50.

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For each exceeding hour, besides the said four hours ………. 1$90.

4. For Chairmanship in the auction of shares, crops, produces or any other property and for each record of auction where the price of bidding does not exceed 750$00 …… 6$00.

When more than 750$00 and less than 1.500$00 ………. 12$00

When more than 1500$00 ………. 12$80

For each record of the auction comprising all the property not auctioned during each day because of the want of bidders ………. 3$80.

Paragraph— In the case of lease, the fees will be calculated taking as its basis the value of the total rent corresponding to the whole period of the lease.

5. For the record of the adjournment of auction, at the request of the interested party ………. 3$80.

6. For the decision of the contestation against the current account ………. 15$00.

7. For the decision on the coercive recovery ………. 4$50.

8. Travelling allowance, the same as laid down in No. 1 Article 1.

9. For each record of personal deposition ………. 4$50.

Article 9 — Of the accountants

1. For each item fees, salaries and costa accounted by them ………. $40.

Paragraph: I Item of fees or salaries in each one of the rates indicated in this table, in respect of the acts and records in the proceedings: item of costs is part of account or each account already paid by the parties or paid in advance by any of the officials of the Recovery Section.

Paragraph 2: However, for the said purpose, it is considered as one item:

a) All the travelling allowance of each official;

b) All the signatures of the same officials;

c) All the initials of the same official;

d) All the same duty, including stamp duty on the copies of summon and on copies which, under this code or as per this table, have been issued on ordinary paper;

e) All the stamp duties paid under cash payment;

f) Cost of the stamp duty of the ordinary paper supplied by each official:

Folio means folio (Stamped or ordinary) of the file of proceedings.

2. For accounting certificates, transcripts, copies, decision of any kind whatever, request letters, deprecative letters and any other sundry writings or documents, each page ………. $20.

3. For calculation of interest, upto one year ………. $50.

For each further year or fraction ………. $20.

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Article 10. The accountants will have to do under separate addition the calculation of what belongs to them as their own salary and when its total exceeds 6$00 they will clearly indicate the number and article of this table where the fees corresponding to different additions are found fixed and on account of this procedure, they will not be entitled to any additional salary.

Article 11. Of the clerks:

1. For each intimation ………. 3$80

2. For each notification ………. 2$30

a) In case when the intimation or notification could not take place, on account of any of the reasons as mentioned in the Civil Procedure Code, the clerk will be entitled to the same salary for his issuing the certificate of his attempt;

b) For the purpose of calculation of fees, it will be considered as only one intimation or notification those which were made on the same occasion and for the same object to the wife and husband or to the co-heirs of the original debtor, when the former and latter are residents of the same house;

c) The intimation whereof the certificates are not in keeping with the directives of the Civil Procedure Code or which do not clearly state the place, date and the approximate time of the intimation do not create right to any salary whatever.

3. On account of the copies of the summons and copies which might be given to the persons subjected to the intimations or notifications or to the depositories on the occasion of attachment and which are to be written on ordinary paper (legal type) the clerk, besides the costs as mentioned in No. 14, will have the right to writing charges.

4. For each writ, deprecate letter or “guia” of payment or deposit, up to 25 lines ……….1$00.

For each further line, they will be entitled to the writing charges.

5. On account of the copy of the attachment record for registration in the Land Registration Office, the clerk who has issued it shall receive the writing charges.

6. Of initials on any documents or writing, under rules ………. $20.

7. For each record of security or deposit of money ………. 1$90.

8. For manuscripts of the edicts and announcements, each ………. $60.

9. For each record of attachment effected in the premises of the office, besides writing charges ………. 3$80.

10. For each record of the attachment of the crops, produce and any other immovable, movable property or cattle, besides writing charges ………. 7$50.

11. For recording any work presided by the administrator, half of the fees due to this last officer and the writing charges and besides this he is also entitled to the travelling allowance when the work is performed outside the office premises.

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12. For each charter of auction, upto 25 lines ….. 3$80. For each further line, they shall have right to the writing charges.

13. On account of the cost of the ordinary paper supplied by them, each folio ...... $10.

Paragraph: The cost of the paper supplied for the copies of summons and copies shall be accounted on the basis of the declaration made in the respective certificate or records, with reference to the number of the papers which were supplied.

14. For each descriptive certificate or verbation certificate based on any file of proceedings in his possession and the respective transcript, besides the writing charges ………. 1$00.

15. Writing charges for each line of 30 letters, and the figure are to counted as letters …… $10. When typed, each line …... $10.

16. On account of the travelling allowance, in the intimations notifications, attachments and any other action performed outside the office premises, upto 2 kms. for each kilometer or fraction ………. 1$50.

Paragraph: There can be no more than one travelling allowance on the same day and also in respect of the intimation and notification when they have been ordered under the same and one order though they might have been affected on different dates.

Article 12. Of the Bailiffs in the Recovery Section:

1. On account of the intimation and notification, half of the salary and of the travelling allowance as prescribed to the clerk of the proceedings in Nos. 1, 2 and 16 of the Art. 11: and the provisions of the sub-paragraphs (a), (b) and (c) of No. 2 of the said Art. are applicable to them and also the provision of No. 14 of the same Art., in respect of the copies of the summonses and copies given to the persons subjected to the intimations or notifications.

2. For sticking edicts, comprising the certificates of sticking written in the respective copies:

For the first edict ………. 2$80.

For each further edict stuck on the same subject ………. 1$40.

3. For being present at the attachment ………. 3$80.

4. For working as Crier during any auction, each bid ………. 1$50.

5. For arrests made on writ by the Administrator, each person ………. 15$00.

6. For the auctions which have not been specified in the proceeding numbers and where the bailiffs may be present in the company of Administrator and the clerk, or in the company of the clerk alone, they will receive half that which may belong to the clerks.

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Title II

OF THE COMUNIDADES

CHAPTER I

Of the Clerk of the Comunidades

Article 13. The clerk of the Comunidades has right to the following fees:

1. For registration of any landed property in any Land Register ………. 2$30.

2. For division and individualization of the quit-rent ("fore") each part of the property ………. $80.

3. For calculation and certificate of redeeming the quit-rent ………. 1$50.

4. For noting the burden of usufruct, attachment and the burdens on the shares or their profits and cancellation of the same burdens in the respective registers and in the current accounts books ………. $60.

5. For attending inspections, surveys, collections of crops and assessment of damage and other similar works ………. 4$50.

6. For investing provisional possession as the grantees of the leases (“aforamentos”), besides writing the record on account of which he will get writing charges ………. 4$50.

7. For the record of carrying or depositing the produce of the properties and of thrashing the fields, besides the writing charges ………. 2$30.

8. For the records of transfer, surety, damage and charge of the value not more than 150$00 ………. 1$50. When exceeds, for each 150$00 ………. 3$00.

9. For record or cession of the right (“outorga”) of the value not exceeding 150$00 1$50. When it exceeds, for each 150$00 or its fraction, further. ....1$50. This fee will be deducted from the amount which was transferred or from the title of the person who ceded his right.

10. For the ordinary records of reception, forwarding and submission, each one ………. $20.

11. For the opening of the coffer out of the usual days, in the village ………. 3$00.

Paragraph: When it is out of the village or in the Administration Office, besides transport, under Art. 16 of this table ………. 6$00.

12. For intimation or notification same as fixed in favour of the Bailiff.

13. Search of books when they are not current books, same as in No. 13, Art. 7.

14. When it refers to the books earlier than the last 10 years, same as in the sub-paragraphs of No. 14, Art. 7.

15. Writing charges, each line of 30 letters ………………. $10.

16. For descriptive certificate, besides writing charges ….. 1$50.

17. For certificate of tenor, besides writing charges ……... $80.

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In Recoveries

Article 14. The clerk of the Comunidade will receive:

1. For each current account, comprising the certificate written therein, besides the writing charges ………. 1$20.

2. For attending the examination of the books and documents existing in the record-room of the Comunidade, each day ………. 4$50.

3. For each record of attachment, besides writing charges ………. 6$0.

4. For intimation, notification, copy of the records, certificate opening of the coffers in the cases of paragraph 1 Art. 615, besides the travelling allowances and writing charges when they are due, he will receive the same as fixed to him in the preceding article.

5. For acts in which he may intervene as clerk of the proceeding or as bailiff, he, shall receive the fee corresponding to the functions and acts which he might have performed.

CHAPTER II Of the experts and arbiters

Article 15. The experts and the arbiters shall receive:

1. For each survey in order to acknowledge the need of works their supervision and calculation of expenditure, besides the travelling allowance as per the provision of Art. 4 ………. 13$50.

2. For the examination of books, signatures, papers and other inspections, besides the travelling allowance counted from his residence and as per the provision of Art. 4 ………. 13$50.

Paragraph: In case of qualified person, he shall receive the same as the Administrator, expect when he is the Director of P.W.D. or his deputy or other qualified officer who shall receive the daily allowance fixed in the official table, when their attendance is expressly prescribed in this Code, besides the travelling allowance under Art. I of this Table. When it is about inspection or handing over of works, the sum of fee and travelling allowance cannot be higher than two per cent. of the value.

CHAPTER III Of the Members of the Managing Committee

Article 16. It will be allowed to each member of the Managing Committee, besides the allowance fixed in the Art. 57 of this Code, the transport at 6$00 per each meeting and for each 5 kms. or their fraction, besides the first 5 kms. and the total allowance is not to be more than 30$00

Paragraph: To the clerk transport is not allowed when the meetings are held in the village not withstanding his residence is outside the same village.

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CHAPTER IV

Of Attorney and Key-Keepers

Article 17. Following fees belong to the Attorney:

For each inpection, survey, handing over and other acts of this kind, one day … 9$00. Continuing, for each further day …. 4$00.

Article 18. It belongs to each key-keeper, on account of the opening of the coffers at the request of parties, same fee as fixed for the meetings of the managing Committee.

CHAPTER V

Of the staff of the cadastral survey

Article 19. The staff employed for cadastral survey shall have right to following remuneration.

1. To the surveyors for the field work, besides the transport both the ways, for the distance exceeding 5 kms., per day ………. 20$00.

2. To the same, for indoors work, per day ………. 14$00. 3. To the apprentice-surveyors, for the field work, per day ………. 13$00. 4. To the same, for indoors work, per day ………. 9$00. 5. To the draughts-men, per day ………. 9$00. 6. To the apprentice draughts-men, per day ………. 8$00. 7. To the measures including the days of Journey, per day, each one ………. 15$00. 8. To informers, each one, per day ………. 9$00. 9. To the Attorney of the Comunidade or his representative, per day ………. 9$00. 10. To the clerk of the Comunidade, per day ………. 7$00.

Article 20. Request of Comunidades or their Attorneys for performing any work or to obtain any document shall be acceded to by the employees of the Administration or of the Comunidades without payment of the fees on the spot and, at the end the looser party, when there is one, shall be adjudged responsible to their payment.

Article 21. For calculating the travelling allowances only the going journey shall be taken into account in all cases and, in no case, the travelling allowance shall be sanctioned from a distance superior to 15 kms.

Paragraph: In all cases when there is a right to the travelling allowance, the number of the kilometers travelled up to the site of the work is to be indicated.

Article 22. In the recovery proceedings, when the dues to be recovered are 150$00 to 300$00 half of the prescribed fees shall be allowed and, when the dues are loss than that, one fourth of fees shall be allowed.

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Article 23. The accounting and collection of the ordinary fees is of the competence of the secretary to the Administration and they are to be recorded in the Register as referred to in the Art. 440.

Article 24. In the certificates certified copies and other sundry papers and also in the payment records written in the files of proceedings or in the books, the respective official shall mention the serial number of the entry of the receipt in the Register of ordinary fees, under the penalty of 30$00 of fine for every infringement of this rule.

Article 25. At the end of each trimester it will be credited to the Pension Fund the fees which were collected and in the entry recorded in the respective Cash-Book mention, will be made of the serial number of the entries in the Register of ordinary fees, corresponding to the amount which are credited.

Article 26. On the first opening of the coffer which may follow the closing of the current accounts, the Comunidades clerk shall take from the coffer the amount of the ordinary fees referred to in Nos. 20 and 21, Art. 7 of the Table, and of the "jonos" dividends and other receipts payment of which is lapsed and, within the period of 8 days, he shall remit it to the Pension Fund or its delegation in the Taluka, alongwith a detailed list of the receipts, in duplicate. The duplicate is to be returned to him after it is countersigned by the Administrator and the Secretary. This duplicate shall be exhibited during the examination of the accounts in order to check it accuracy with the books.

Article 27. It is forbidden to include in the ordinary estimates and in the estimates of urgent and extraordinary works conditions that it will be borne by the contractors the responses arising from the inspections to be made for supervising and handing over of the same works.

Article 28. The fees of translation shall be regulated by the official rates.

Article 29. The experts of the Comunidades works who may intervene in any inspections or who may undertake journeys while in service shall be entitled only to be paid of the expenses with the transport as per the rules laid down in respect of the Government servants and the use of special transports is dependent of the authorisation by the Director of the Civil Administration except in the case of urgency and, in this case, the Administrator is empowered to grant such an authorisation and he has to communicate this fact immediately to that Officer.

Article 30. When the cars supplied by the Comunidades are available to the Administration Offices, they shall not be entitled to travelling allowances.

Article 31. The fees which are not received by the Administrators and the officials of the Administration Offices, including the recovery clerks and Comunidades clerks in view of the provision of the sub-paragraph (b) and (c), paragraph 1, Art. 153 of the Statute of Overseas Functionaries, are to be reverted in favour of the General Treasury and this income is to be shown in the annual budgets.

Paragraph: It is the duty of the Administrators to see that the provision of this article is complied with in toto, in respect of the staff of the Administration Offices as well as in respect of the clerks.

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FORM No. 4 (Article No. 125, No. 3)

Ordinary budget of receipt and expenditure of Administration of Comunidades of ………. Serial No.

Receipts Amount Serial No.

Expenditure

Balance of the management of the previous years (For each year)

Of the accounts concerning previous years (For each Current)

1 …$… 1 2 …$… 2 3 …$… 3 4 …$… 4 5 $ 5 6 …$… 6 7 …$… 7 8 Occasional …$… 8 9 …$… 9 Contribution of the Comunidades …$… 10 Total ……. …$… 10 Quota of each Comunidade …$… 11 composed in this Taluka in the said 12 contributor, under article 125, 13 Occasional No. 3 of this Code, is as follows Comunidade of Adsulim ………. ... $ ... 14 Comunidade of Aquem ……….. Comunidade of Arossim ………. ... $ ... 15 Comunidade of Benaulim ……... ... $ ... Total …….

The Secretary to the Administration of the Comunidades Sd/-

FORM No. 5

Table of the movement of the shares of the Comunidades of …….. Taluka effected from the date of their issue upto 31st December, 19…….

Movement which took place for the issue upto 31st December, 19…

Movement of the year 19… Total

Notes of Transfer Note of burden Notes of Transfer Notes of burden Notes of Transfer Notes of burden

Comuni-dades

Nu

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No. o

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Num

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Total

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………... ………... ………... ………... ………... Total ….

Administration of the Comunidades of ………….. at ……….. 19……

The Administrator of Comunidades of …………. Sd/-

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FORM No. 6 (Article 545)

Record of enrolment of "Jonoeiro"

No. 1

On this .... of May, 19 ... in this village ….. and in the premises of the Comunidade, before me and (name) ……… clerk and attorney of the said Comunidade, there appeared (name) …..…. president of ……. (personally or through his representative: father, mother, guardian, attorney) and he exhibited the certificate of the Parish Register (or Civil Register, order of the Administrator on the appeal against the refusal of the Administrative Tribunal, copy of the judical decision), issued on …………. of the current year and I ascertained its authenticity and it shows that the said (name) …………. is legitimate (legitimized, adopted) son of the “Gaonkar” (or what he is) name …....... of “vangon” in the order of precedence and that his age is ...... completed years (and he is unmarried or married), as required by the respective “institute”: and, consequently, we enrol him as “Jonoeiro” of this Comunidade in the class of “Gaonkar” (culacharim, vantelo, “joneiro” or what he is) in order to enjoy all the rights and to be subject to all the duties which, in that capacity, belong to him. The document (or the documents) which had been exhibited is filed in bundle No. …… In faith whereof, this is made and it is signed by the said (name) (or by his representative), by the attorney of the Comunidade and by me, clerk, who wrote it ………..

(Signature of the party) ……… Attorney of the Comunidade

………. Clerk of the Comunidade

N.B.: If the enrolment was effected because the claimant comes under the provision of Art. 184 or Art. 185, it will be stated whether the person is a son, widow or daughter of the deceased "jonoeiro" and also the provision of the Code and the documents on which ground the same person was enrolled.

FORM No. 7 (Article 103, paragraph 4)

Enrolment of the “Jonoeiros” of the Comunidade of ……………… in the year 19….

Roll No.

Date 1960

Name of the “Jonoeiro”

Resi-dence

Age Completed

Years

Class and “Vangor” to which he belongs

No. of the entry and folio

of the book where it is recorded

In view of which document he was

enrolled

Remarks

1 May 1 Joao Jose Borges Arpora 27 Gaonkar of 3rd Vagor

59, f. 18 Certificate of the Parish priest

2 May 7 Vitor Manuel de Sa

Chorao 18 Culacharim 63, f. 24 Appeared in person

3 May 22 Pedro de Ataide Raia 59 Gaonkar of 7th Vangor

12, f. 3 Certificate of Administrator of Comunidades

4 May 31 Miguel de Souza Azossirn 22 Jonoeiro 27, f. 9 Certificate of the Taluka Administrator or Regedor etc.

This roll is closed, after the enrolment of four “jonoeiros” who proved their existence within the period prescribed by the Comunidades Code.

1st May, 19…../…………… Attorney of the Comunidade.

Sd/- Clerk of the Comunidade

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REMARKS When the jonoeiro is entitled only to a part of the profits, this being the year of his

enrolment, this circumstance would be stated in the column of the remarks, opposite the respective name. The jonoeiro was enrolled for receiving the profits of the respective year and of any of the last ten years, this should be mentioned in the said column of remarks with the specification of the said year. The enrolment of the widow or of the unmarried daughter is made consequent upon the provision of Art. 185 of Code, this should be mentioned in that column, stating the “tença” or the “jono” she has to service.

TABLE No. 8 (Article 1, para. 3)

Of the transferable shares of the Comunidades of Tiswadi, Salcetc, Bardez, Mormugao and Ponda with the indication of the modality about apportioning the respective income of the association and of fixing the annual dividend.

TISWADI Azossim:— Multiply the number of “jonos” (personal and of the Saints) by 56(*) (2 of

culacharins and 4 of widows of gaonkars should be taken as 1), to the product the number of the shares (300) is to be added and by this sum the net income will be divided. The quotient will indicate what pertains to each share and, the multiplication of this quotient by 56 will indicate what pertains to the “jono” of the Saints. One half of the amount of this “jono” (of the Saints) will be the dividend of the “jono” of culacharins or their orphans and one fourth will be the dividend of the “jono” of the widows of the “gaunkars”. The income of the namoxins will be divided by the gaonkars “jonoeiros” and this quotient added to the “jono” of the saints (which is the product of the multiplication of 56 by that which pertains to each share) will be the dividend of one “jono” of gaonkar or of their orphans - 300.

Bambolim:— The net income will be divided by 1000 shares and the quotient will show that pertains to each share. The product of 697 shares is to be distributed among the number of the gaonkars “jonoeiros” and their widows; the product of 249 shares is to be distributed among the number of culacharins and their widows and the product of the remaining 54 shares (transferable) will be alloted to the shareholders according to the number of shares possessed by them - 1000.

Batim:— After the net income is calculated, with the exclusion of the income of namoxins and of the fields of honra e coital one forty eighth will show what pertains to each share of “tangas”. The number of the personal “jonos” of gaonkar as well as culacharins will be multiplied by 53 (*) (taking the “jonos” of 2 male orphans or of 4 female orphans or widows as one) and to the product, the number of the shares of “jono” (273) will be added and also will be added 73 shares proceeding from the fractions of the number of the “jonoeiros” of 1881 pertaining to their group, by this sum, of the net income will be divided. The quotient will show what pertains to the share of “jono” and multiplying the same quotient by 53 and adding to its product the quota of the said 73 shares of the group of the “jonoeiros” (obtained by the division of their profits by the number of the “jonoeiros” in the same proportion as that under which they might have received their “jonos”) the resulting sum will indicate what pertains to the “jona” of

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culacharins. The sum resulting from the addition of the “jono” of culacharins to the quota of the income of nomoxim and of the fields of honra ecorta will indicate what pertains to the “jono” of gaunkar. The dividend corresponding to 91 shares taken for rounding the number will be added to of the net income of the next year - 400.

Calapur:— The number of the personal “jonos” (taking those of 3 widows as one) will be multiplied by 9 (*); to the product, the number of shares (200) will be added and also will be added 355 shares proceeding from the fractions of the number of the “jonoeiros” of 1881 belonging to the group of “jonoeiros” and the net income will be divided by that sum. The quotient will indicate what pertains to each share and the sum of the product of the multiplication of the same quotient by 9 with the quota of the said 355 shares of the group of “jonoeiros” (obtained by dividing the income of the same shares by the number of “jonos”) will indicate what pertains to the “jono”, and further adding to this last amount the quotient of the division of the income of “bovades”, in accordance with the respective “vangor” or group, this will be the dividend of the “jonos” of different “vangor” - 200.

Carambolim:— Multiply the number of personal “jonos” by 131 (*) (taking 2 of the gaonkars of half “jono”, 4 of unmarried daughters or widows as one), add to the product the number of the shares (100) and also 247 shares proceeding from the fractions of the number of “jonoeiros” of 1881, belonging to this group; and divide by this sum the net income. The quotient will indicate what pertains to the share and multiplying the same quotient indient by 131 and adding to its product the quota of 246 shares of the group of “jonoeiros” (obtained by dividing the income of the same shares by the number “jonoeiros” in the same proportion as under which they receive their “Jonos”) the resulting sum will indicate what pertains to the “jono” of gaunkar or to the “jono” of his orphan — 100.

Chorao:— Calculate the net Income by separating in the account sheet 506$20 for the “tenças” (annuities) of “gaonkares” and of shareholders; and 4.881'70 for shares of “tangas brancas”. And, as 90 were expropriated by the payment of the indivisible remainder to the Government Treasury, distribute the net income to the “jonoeiros” in the same proportion as their profits. The income of nomoxins, after deduction of the proper expenses, added to 271$00 of the “tença” of the gaonkars will be distributed only to the gaonkars who will be paid this amount on account of the “tença”. As 37$90 were expropriated by the payment of 947$40) arising from the indivisible remainder the remaining amount of the “tenças” (235$30) added to 163$30 and 4.881$70 (Total 5.280$10) is to be divided by the number of the shares (1.100). The quotient will indicate what pertains to each share. The product of 34 shares taken for rounding will be carried as income in the accounts of the next year — 1.100.

Corlim:— Multiply the number of personal “jonos” by 27 (*) (taking 4 “jonos” of widows or orphan daughters as (1) and add to its product the number of shares (100) and more 27 proceeding from the fractions of the number of the “jonoeiros” of 1881, belonging to their group; Divide by this sum the net income and the quotient will indicate what pertains to each share; and multiplying the same quotient by 27 and by adding to that product the quota of the said 27 shares of the group of “jonoeiros” (obtained by dividing the profits of the same by the number of “jonoeiros”) the result will indicate what belongs to the “jono” of gaonkar or to his orphan children - 100.

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Gancim:— Multiply the number of the personal “jonos” by 357(*) (taking the “jonos” of 4 widows as one); add to the product the number of the shares (2800) and divide by this sum the net income. The quotient will indicate what pertains to each share; and by multiplying the same quotient by 357 the product will indicate what pertains to the personal “jono” - 2.800.

Goa Velha:— The net income is to be divided by the number of the shares (4300); and the quotient will indicate what pertains to each share – 300.

Goltim:— Calculate the net income by separating 1.442$70 in the accounts sheet; divide this amount by the number of the shares (300) alloting in favour of the Govt. Treasury that which corresponds to 270 shares; and the dividend of 30 shares will be carried forward to the income of the next year. Distribute the net income among the number of the “jonoeiros” - 300.

Jua: — Multiply the number of the personal “jonos” by 8(*) (considering 4 “jonos” of the widows or of the orphan daughters as one) and add to its product the number of the shares (100) and also 119 shares proceeding from the fractions of the number of the “jonoeiros” of 1881 belonging to their group; by this sum divide the net income. The quotient will indicate what pertains to each share; and by multiplying the same quotient by 8 and adding to the product the quota of the said 119 shares of the group of the “jonoeiros” (obtained after dividing their income by the number of “jonoeiros” in the same proportion as under which they receive their “jonos”), it will indicate what pertains to each personal “jono” -100.

Mandur:— Multiply the number of personal “jonos” 2 by 30(*); add to the product the number of the shares (100) and divide by this sum the net income. The quotient will indicate what belongs to the share and the multiplication of the same quotient by 30 will indicate what pertains to the personal “jono”.

Malar:— Calculate the net income and take aside in the account sheet 1.446$00; Divide this sum among the number of the shares (300) alloting to the Fazenda that which corresponds to 229 shares; and the dividend of 71 shares will be carried forward as income in the next year. The net income will be distributed by the number of the “jonoeiros” in the usual fashion - 300.

Mercurim:— The number of the personal “jonos” will be multiplied by 4(*) (taking the “jonos” of 4 widows as one) and add to the product the number of the shares (100) and also 54 shares proceeding from the fractions of the number of the “jonoeiros” of 1881 belonging to their group. But this sum divide the net income. The quotient will show what belongs to each share; and the product of the multiplication of the same quotient by 4, added to the quota of the said 54 shares of the group of the “jonoeiros” (obtained by dividing the profits of the same by the number of the “jonoeiros”) in the same proportion as under which they receive their “jonos” will indicate what pertains to each personal “jono” - 100.

Murda:— The net income will be divided by the number of the shares (3.700) and the quotient will indicate what pertains to each share 3.700.

Naroa:— Calculate the net income and take aside in the account sheet the sum of 183$40. Allot this sum to the Fazenda on account of the 38 non-transferable shares of

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invariable income. Next, multiply the number of the personal “jonos” by 19(*) taking as one share 4 of the widows or of the unmarried daughters; and add to the product the number of the transferable shares (62) and also 5 shares proceeding from the fractions of the number of the “jonoeiros” of 1881 belonging to their group. By this sum divide the net income. The quotient will indicate what pertains to each share. And multiplying the same quotient by 19 and adding to the product the quota of the said 5 shares of the group of the “jonoeiros” (obtained by dividing the profits of the same shares by the number of the “jonoeiros” in the same proportion as under which they receive their “jono”) the resulting, sum will indicate what pertains to each personal “jono” - 100.

Navelim:— Calculate the net income taking aside in the account sheet the sum of 2.106$30. Allot this sum to the fazenda on account of the 439 non-transferable shares of invariable income. Next, multiply the number of the personal “jonos” by 16(*) (taking as one share 2 of culacharins) add to the product the number of the transferable shares (61) and also 8 shares proceeding from the fractions of the numbers of the “jonoeiros” of 1881 belongs to their group. By this sum the net income will be divided. The quotient will indicate what belongs to each share; and multiplying the same quotient by 16 and adding to the product the quota of the dividends of the said 8 shares of the group of the “jonoeiros” and the net income of the namoxins (obtained by dividing their income by the number of the “jonoeiros” in the same proportions as under which they receive their “jono” the result will indicate what pertains to each “jono” of gaonkar or to each “jono” of their orphans. Half of that which belongs to the “Jono” of gaoncar (excluding the quota of the namoxins) will be the dividend of the jono of the culacharins or his orphans -500.

Neura-o-Grande:— The net income of the fields of the Comunidade excluding the properties known as “namoxins de Tomas Coelho Peres” and also those of the four enclosed associations will be divided by 19121 shares and the quotient will indicate what pertains to each share. The produce of the 4375 shares of the group of the gaonkars “jonoeiros” added to the income of namoxins and to the produce of two thirds of the clerks' office will be distributed equally among the number of the “jonoeiros” and of the orphans existing at the time of the death of the gaonkar. The produce of the shares taken for rounding will be carried forward to the income of the next year — 19300.

Enclosed associations of “adverica”, “vanvans” of Gopala Sinai, Sinani and Clerk's Office.

As for the adverica, deducting only what is necessary for the payment of half per cent. of the rent of the field (Adverica) belonging exclusively to the group of the shareholders of the same, the remainder will indicate what belongs to each share of the adverica. As for the vavans, the rent of their fields, after deducting only half per cent. is to be divided into three parts, one to be applied to the group of the shareholders of Gopala Sinai in the proportion of their shares, the second in the same manner to those of Sinani, and the third will be divided again into three parts, applying one of them to the shareholders of the Clerk's office, and the other two to the group of the “jonoeiros” of the main Comunidade.

Renovadim:— The net income is to be divided by the number of the shares (1.000) and the quotient will indicate what pertains to each share; its dividend will be allotted to the shareholders according to their number of shares without any more right to receive the paddy as it is done now, because its price was included in the value of the share - 1.000.

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Siridao:— The deficit or the surplus of this comunidade will be divided by the number of the shares (200) and the quotient will indicate what pertains to each share - 200.

Telaulim de Santana:— As there are in this comunidade two different fields, one belonging exclusively to the “jonoeiros” and other to the shareholders, the net income of each group will be calculated separately. After one third is separated from the income of the group of “jonoeiros”, the remaining two thirds are to be divided by the number of the “jonoeiros”, and the quotient will indicate what pertains to each “jono”. One third of the net income of the group of “jonoeiros” added to the rent of the field of the shareholders and to the sum of the limited quit-rents (“foros limitados”) belonging to this group constitutes the income of the group of the shareholders. From this, after deduction of the proportional allowance (“derrama”) to the Agrarian Chamber, the allowance of the receiver (“sacadoria”), the quit-rent of “melaga” and the salary of the servant (only expenses to which the shareholders are liable), the net rent will be divided by the number of the shares (1600) and the quotient will indicate what pertains to each share - 1600.

Taleigao:— After the net income is calculated, it will be divided by the personal “jonos” of the gaonkars and their widows (considering “jonos” of 2 widows as one) and by 5 “jonos” (of honour and precedence); the proceeds of these 5 “jonos” will be separated from the said income and the remainder will be divided by 4. One fourth, added to the one fourth of the expenditure effected in respect of the burials, will be deducted from the amount to be divided and the remainder, added to the said proceeds of 5 “jonos”, will be the amount to be divided for the “jonos” of the gaonkars, their widows and for 5 “jonos” and therefore, the same amount will be distributed among them in the same proportion as under which they receive their “jonos”. To the first “jono” of honour, 28$30 will be added and it will be allotted in the usual form and the produce of the other 4 (transferable) will be divided among the 100 shares of “jonos”. The dividend corresponding to 24 shares taken for its rounding will be added, in the next year, to the proceeds of the said 4 “jonos” before the distribution is effected.

Next, the number of the personal “jonos” of “culacharins” will be multiplied by 6(*) and the number of the shares of “tangas” (600) will be added to the product, by this sum, the said fourth part of the net income brought together with the forth part of the burials, will be divided and the quotient will indicate what belongs to each share and the product of the multiplication of the same quotient by 6 will indicate what pertains to the “jono” of culacharin - 700.

Association of Passo de Ambarim:— Calculate the net income by separating in the accounts sheet 566$72; divide this amount by the number of the shares and the dividend of the 90 shares will be carried forward to the next year. The net income will be divided among the “jonoeiros” - 100. (*)this number is of the shares corresponding to the “jono”.

SALCETE

Adsulim:— It has got 100 shares. The dividend of each share will be calculated by dividing the sum to be distributed or the dividend as fixed in the annual statement by the said number of shares.

Ambelim:— It has got 16.750 shares.

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Aquem:— It has got 2400 shares. The dividend of each share will be calculated by dividing the dividend fixed in the annual statement by the said number of shares.

Assolna:— It has got 20.000 shares (a).

Benaulim:— It has got 11.700 shares. It has got also members with right to personal “Jono” of three different classes, namely: gaoncars, natives and “jonoeiros”.

To all these three classes are belonging 2899 shares registered as of the group of “jonoeiros”. To the class of gaonkars, besides this, belongs the Vangorbarnim, amounting into 17$. The personal “jono” of the 3rd class (“jonoeiros”) is equivalent to 4 shares plus the quota of 246 shares, both taken from the said 2899 so that they may form their separate group. The “jono” of 1st and 2nd class (gaonkars and natives) is equivalent to the quota of the remaining shares after deducting from the said 2899 shares those which were allotted to the “jonoeiros” of the 3rd class. But, during the division between them, the gaonkar will be separated as one unit and the natives as half Unit. Further, it belongs to the gaonkars the quota of the said Vangorbarnim, by dividing it among the “vangors” and by dividing per capita the quota pertaining to each “vangors” among the respective gaonkars.

In view of this, division will be effected among all the members Shareholders, gaonkars, and natives, in the following manner:

From the sum to be distributed or from the dividend fixed in the annual account sheet, before any other thing is done, 17$ of Vangorbarnim will be kept aside and the remainder will be divided by 11.700. The quotient will indicate the dividend corresponding to each share.

When the dividend to be allotted to each share is thus calculated, the gains will be calculated of the “jonos” of the classes, “jonoeiros”, natives and gaonkars.

Multiply by 4 the number of the “jonoeiros” of the 3rd class enrolled during the year. Add to the product, 246 shares belonging only to this group and the sum will show the number of the shares, the dividend of which is to be divided among the enrolled members of this class. The quotient of this dividend, divided per capital among the enrolled “jonoeiros”, will indicate the gains of the “jono” of the class of the “jonoeiros”.

The number of the “gaonkars” enrolled during the year will be multiplied by 2, and by adding to the product the number of the natives enrolled in the same year, the divisor which will divide the dividend of the shares will be found. These shares are those which remain out of the group of the said 2899 after deducting from them those which were allotted in the preceding calculation in favour of the “jonoeiros” of the 3rd class.

The gains of the “jono” of the gaonkars will be twice than those of the natives, besides the quota of 17$ of vangorbarnim after its division among the 9 “vangors” which from the comunidade. This quota of each “vangor” will be sub-divided per capita among the enrolled gaonkars of the respective “vangor”.

Betalbatim.— It has got 5.400 shares. The dividend of each share will be calculated by dividing the dividend fixed in the annual accounts sheet for the said number of shares.

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Calata:— It has got 1,300 shares. The dividend of each share will be calculated by dividing the sum to be distributed or the dividend fixed in the annual accounts sheet by the said number of shares.

Camorlim:— It has got 700 shares and also members known as gaonkars with right to the personal “jono”. The “jono” of the gaonkars is equivalent to 9 shares, plus the quot of 152 shares belonging to the group of the “jonoeiros”.

Taking this into consideration, the first thing that will be done is to calculate the divisor in the following manner:

The number of the gaonkars, enrolled during the year, will be multiplied by 9 and 700 shares will be added to the product; this sum will indicate the divisor of the respective year. After this is done, the sum marked for distribution or the dividend fixed in the annual accounts sheet will be divided by this division. The resulting quotient will be the dividend which pertains to each share in the respective year; and the gains of the personal “jono” of the gaonkars will be the product of the same quotient multiplied by 9, added to the quota corresponding to the dividend of 152 shares of the group of the “jonoeiros”. This quota will be found by dividing the same dividend of 152 shares by the number of the enrolled gaonkars, in the respective year.

Cana:— It has got 100 shares. The dividend of each share will be calculated by dividing the amount earmarked for distribution or the annual dividend fixed in the accounts sheet by the said number of shares.

Carmona:— It has got 6300 shares. The dividend of each share will be calculated by dividing the dividend fixed in the accounts sheet by the said number of shares.

Cavelossim:— It has got 900 shares and also members known as gaonkars, with right to personal “jono” or the share of “vangor”. The share of “vangor” is composed of 11 shares assigned to the group of the “jonoeiros”.

In view of this, division will be effected of the dividend fixed in the annual accounts sheet by 900 which is the number of the shares and the dividend will indicate what pertains to each share in the respective year.

The dividend of the 11 shares of the share of “vangor” will be divided among the 10 “vangors” composing the Comunidade and the quota which pertains to each “vangor” will be sub-divided per capita among the enrolled gaonkars of the respective “vangor”. The result will be that which pertains to the “jono” of each member of this class.

Cavorim:— It has got 3500 shares. The dividend of each share is calculated by dividing by the number of the shares the general dividend fixed in the annual accounts sheet, after deduction of the net income of the following fields:

1. Quepo of the "jonos" of the gaonkars; 2. Coli; 3. Canteiro de Coli; 4. Setmeamoroda; 5. Cumbleantanco of “jonos”; 6. Camorantanco of “jonos”;

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7. Cumbleamoroda of “jonos do 10 lanco”; 8. Cumbleamoroda of “jonos do 20 lanco”; 9. Cotomoroda. of “jonos”.

This comunidade has got also members known as gaonkars with right to the personal “jono” and it belongs to them the exclusive income of the preceding fields, less 62$50.

Payable to the master (mordomo) of the feast of Our Lady of Belem and St. Anthony is to be considered as a “jonoeiro”.

The profit of each “jono” will be calculated by dividing the said net income by the number of the gaonkars enrolled in the same year, increased by one (Santo Antonio), after deducting from the said net income the said 62§50.

Chandor:— If has got 2400 shares. The dividend of each share will be calculated by dividing the general dividend fixed in the annual accounts sheet by the said number of the shares.

Chinchinim:— It has got 6.500 shares. The dividend of each share will be calculated by dividing the general dividend fixed in the annual accounts sheet by the said number of the shares.

Colva:— It has got 2600 shares. The dividend of each share will be calculated by dividing the general dividend fixed in the annual accounts sheet by the said number of the shares.

Curtorim:— It has got 22,000 shares and it has got also members known as gaonkars, “jonoeiros”, “vadicares” and “jonoeiros-escrivais”, with right to the personal “jono”.

The “jono” of the gaonkars, “jonoeiros” and “vadicares” is equivalent to all shares plus the quota of 52 shares of the general group of the “jonoeiros”.

The “jono” of the “jonoeiros-escrivaes” is equal to that of the others. However, from it, it is deducted the quota corresponding to one “jono” which is not paid to the “jonoeiros” of this class.

In view of this, the first thing to do is to calculate the annual divisor in the following manner:

Multiply the number of the gaonkars, jonoeiros, vadicares and “jonoeiros-escrivais” enrolled during the year by 11; from the product, deduct 11 and also the quotient of the division of 52 by the number of the said enrolled members and add to the remainder 22.900 shares. The sum will indicate the divisor of the respective year.

When this is done, the general dividend fixed in the annual accounts sheet will be divided by the said divisor.

The resulting quotient will be the dividend which pertains to each share in the respective year.

The gains of the “jonos” of the gaonkars, “jonoeiros” and “vadicares” will be the product of the multiplication of the same quotient by 11, added by the quota

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corresponding to the dividend of the 52 shares of the group of jonoeiros. This quota will be calculated by dividing the dividend of the 52 shares by the number of the enrolled gaonkars, jonoeiros, vadicares and jonoeiros-escrivais.

For calculating the gains pertaining to the “jonos” of the “jonoeiros-escrivaes”, gains of all the “onos”; calculated in the above form, belonging to the enrolled “jonoeiros-escrivais" less one, will be summed up and this sum will be divided among all the enrolled “jonoeiros-escrivaes” and the quotient will be the gains of the “jono” pertaining to the “jonoeiros-escrivaes”.

Davorlim:— It has got 2,900 shares. The dividend of each share will be calculated by dividing the general dividend as calculated in the annual accounts sheet by the said number of the shares.

Deussua:— It has got 600 shares. The dividend of each share will be calculated by dividing the general dividend as calculated in the annual accounts sheet by the said number of the shares.

Dicarpale:— It has got 1,800 shares. The dividend of each share will be calculated by dividing the general dividend as fixed in the annual accounts sheet by the said number of the shares.

Duncolim:— It has got 2,300 shares. The dividend of each share will be calculated by dividing the general dividend as fixed in the annual accounts sheet by the said number of the shares.

Dramapur:— It has got 3,400 shares. The dividend of each share will be calculated by dividing the general dividend as fixed in the annual accounts sheet by the said number of the shares.

Candaulim:— It has got 600 shares. The dividend of each share will be calculated by dividing the general dividend as fixed in the annual accounts sheet by the said number of the shares.

Gonsua:— It has got 300 shares. The dividend of each share will be calculated by dividing the general dividend as fixed in the annual accounts sheet by the said number of the shares.

Guirdolim:— It has got 7.700 shares. The dividend of each share will be calculated by dividing the general dividend as fixed in the annual accounts sheet by the said number of the shares.

Loutulim:—It has got 4.300 shares and also members known as gaonkars and “jonoeiros”, with right to the personal “jono” and also vantelos with right to 4 jonos only.

The “jono” of the gaonkars and ‘jonoeiros” is equivalent to 10 shares plus the quota of 238 shares of the general group of the “jonoeiros”, except in the first year when it falls due and then it is equal to one half.

The 4 jonos of the vantelos are equal to those of the gaonkars and “jonoeiros”, but is paid fully even in the first year.

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In view of this, the first thing to is do to calculated the annual division in the following manner;

The number of the enrolled gaonkars and “jonoeiros” is to be multiplied by 10, considering in this calculation as half unit those who have been enrolled to receive first time their gains; 40 shares to be applied to the 4 “jonos” of vantelos plus 4300 shares will be added to the said product and the sum will indicate the divisor of the respective year.

When this is done, the general dividend fixed in the annual accounts sheet will be divided by the said divisor.

The quotient of this divisor will be the dividend pertaining to each share in the respective year. The gains of the “jono” of the gaonkars, “Jonoeiros” and of each of the 4 “jonos” of vantelos will be equal to the product of the same quotient multiplied by 10, added by the quota corresponding to the dividend of 238 shares of the group of the “jonoeiros”. This quota will be calculated by dividing the total of the same dividend concerning 238 shares by the number of the gaonkars and “Jonoeiros”, enrolled during the year, to which the 4 vantelos who might have been enrolled will be added.

The gains to be paid to the enrolled gaonkars and “jonoeiros”, when first time they fall due, will be equal to one half of those which belong to others. This is to say that they will be equal to the product of the said quotient multiplied by 5 plus the quota corresponding to the dividend of 238. shares of the group of “jonoeiros”, which, while it is being apportioned, will be taken as half unit.

Macasana:— It has got 7700 shares. The dividend of each share will be calculated by dividing the general dividend fixed in the annual accounts sheet by the said number of shares.

Majorda:— It has got 6200. The dividend of each share will be calculated by dividing the general dividend fixed in the annual accounts sheet by the said number of shares.

Margao:— It has got 29.300 shares. The dividend of each share will be calculated by dividing the general dividend fixed in the annual accounts sheet by the said number of shares.

Nagoa:— It has got 5.600 shares and also members known as gaonkars and “Jonoeiros” with right to the personal “jono”.

The “jono” of the gaonkars and “jonoeiros” is equivalent to 10 shares plus the quota of 3 shares of the general group of the “jonoeiros”.

The gaonkars, besides the said “jono”, receive mainly the net income of the properties listed below.

In view of this, in the first place, the annual divisor shall be calculated in the following manner.

The number of the enrolled gaonkars is to be multiplied by 10, plus 5600 shares shall be added to the said product and the sum will indicate the divisor of the respective year.

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When this is done, the profits shall be divided by separating in the first place, the net income of the aforesaid properties from the amount to be distributed or that of the general dividend fixed in the annual accounts sheet, and the remaining shall be divided by the said divisor in the manner laid down above.

The quotient of this division will be the dividend pertaining to each share in the respective year.

The gains of the “jono” of the gaonkars will be the product of the said quotient and multiplied by 10, added by the quota corresponding to the dividend of 3 shares of the general group of “jonoeiros”. This quota will be calculated by dividing the total of the same dividend of 3 shares by the number of gaonkars and “jonoeiros” enrolled in the respective year.

The quota of net income of the aforesaid properties shall be added to the gains of the “jono” of gaonkars. This quota shall be fixed by dividing that income, per head, among the enrolled gaonkars.

Properties, the net income whereof is exclusively received by the gaonkars are:— 1st Azolto 2nd Gorbata of the carpenters 3rd Tolloy and coconut grove of the shoemakers 4th Onarbata 5th Capoty and coconut grove of the blacksmith.

Orlim:— It has got 3100 shares. The dividend of each share shall be calculated by dividing the general dividend fixed in the annual accounts sheet by the said number of shares.

Raia:— It has got 5400 shares and also members known as gaonkars, “gentios” grade 1, “gentios” grade II and “vantelos” with right to personal “jono”.

The “jono” of the gaonkars and of the ‘jonoeiros” of the remaining three chasses is equivalent to 28 shares plus the quota of 136 shares of the general group of “jonoeiros”.

The gaonkars are subject to annual tax, named “navim”, which consists of $10 per head and the “jonoeiros” of the other three classes to $05 per head. This tax shall constitute the income of the Comunidade and it shall be divided by the general number.

In view of this, in the first place, the annual divisor shall be calculated in the following manner:—

The number of the Gaonkars and “jonoeiros” of the other three classes enrolled in the said year, is to be multiplied by 28, plus 5400 shares shall be added to the said product and the sum will indicate the divisor of the respective year.

When this is done, the amount to be distributed or the general dividend fixed in the annual accounts sheet, shall be divided by the said divisor.

The quotient of this divisor will be the dividend pertaining to each share in the respective year and the gains of the personal “jono” of the aforesaid four classes will be the product of the said quotient multiplied by 28, added by the quota corresponding to the

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dividend of 136 shares of the general group of “jonoeiros”. This quota will be calculated by dividing the same dividend of 136 shares by the number of gaonkars and “jonoeiros” of the other three classes enrolled in the respective year.

After paying the gains, calculated in the aforesaid manner, to gaonkars and other “jonoeiros” the tax “navim” described above, shall be computed.

Sarzora:— It has got 3600 shares. The dividend of each share will be calculated by dividing the general dividend fixed in the annual accounts sheet by the said number of shares.

Seraulim:— It has got 4400 shares. The dividend of each share will be calculated by dividing the general dividend, fixed in the annual accounts sheet, by the said number of shares.

Sernabatim:— It has got 600 shares. The dividend of each share will be calculated by dividing the general dividend fixed in the annual accounts sheet by the said number of shares.

Sirlim:— It has got 1800 shares. The dividend of each will be calculated by dividing the general dividend fixed in the annual accounts sheet by the said number of shares.

Telaulim:— It has got 3400 shares. The dividend of each share will be calculated by dividing the general dividend fixed in the annual accounts sheet by the said number of shares.

Utorda:— It has got 3700 shares. The dividend of each share will be calculated by dividing the general dividend fixed in the annual accounts sheet, by the said number of shares.

Vanelim: — It has got 400 shares. The dividend of each share will be calculated by dividing the amount to be distributed i. e. the general dividend fixed in the annual accounts sheet, by the said number of shares.

Varca:—It has got 8000 shares. The dividend of each share will be calculated by dividing the general dividend fixed in the annual accounts sheet by the said number of shares.

Velim:— It has got 41,650 shares.

Verna:— It has got 9200 shares and also members known as “gaonkares”, with right to personal “jono” or “vangor parte”.

The “Vangor parte” consists in invariable amount of 135$90. Besides the member gaonkars receive on account of title of gain of “servidores”, the net income of the properties listed below and the dividends of 5 shares of the “servidores” carpenters.

So, the aforesaid amount of 135$90, of “vangor”, and the net income of the properties mentioned below shall be separated from the amount to be distributed or from the general dividend that may be fixed in the annual accounts sheet and the remaining shall be divided by 9200 shares, the quotient will be the dividend of each share.

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The amount of “vangor parte” and the income of the aforesaid properties shall be added to the dividend of the said 5 shares of “servidores carpinteiros” and the sum will be divided by 25 vagores of which at present, the Communidade is composed, the quota of each vangor shall be sub-divided “per stirpes” by gaonkars enrolled in the respective year, and the quotient will indicate the gains that as title of “vangor parte” and gain of the “servidores” belong to the gaonkars. The following are the properties, the net income whereof, is exclusively distributed among gaonkars:—

1st Coconut grove Chamarbata; 2nd Field Chamarpato; 3rd Field Namoxim of carpinteiros of 2 varieties 4th Field Namoxim of Carpinteiros of one variety situated in the lagoon.

BARDEZ

Aldona:— As regards to Comunidade “Boa Esperanca” it is regulated by the statutes approved by-Provincial Portaria No. 456 dated 5th May, 1925 and relating to the “Fraternal” Comunidade by the statutes approved by Provincial Portaria No. 559 date 9th June, 1925.

Anjuna:— The net income shall belong to the jonoeiros and share holders (Accionistas). The first ones, in case they are brahmins, shall receive “jono” after completing 12 years, and being of other classes, after 15 years. In future the distribution shall be made in the following manner:–

The figure 387, which is of old annas, shall be added to the number of jonoeiros and the total will represent the divisor of the excess amount and its quotient will be the gain of each “jono”. Then, after deducting the amount of all the gains from the excess amount, the remaining will be divided by new shares, the number whereof is 2300.

Arpora:— The net income will be divided by 400 shares.

Assagao:— Divide one half of the excess or surplus amount (Sobras) plus 568$00 of the other half by whole “jonos” and half “jonos”. The “jonoeiros’ will receive the gains after they are 12 years old. Each one of the orphans will be given half “jono”, except in case where there is more than one brother, in which case the youngest one will be entitled to the whole “jono”.

Assonora:— The distribution of the net income will be done by whole “jonos” and half “jonos”, whole “jono” to each member after 11 years; and half “jono” to each orphan, except in case where there is more than one brother because in this case the youngest brother will receive whole “jono”.

Bastora:— The excess amount is divided by whole “jonos” and half “jonos”, whole “jono” to each member after 15 years; and half “jono” to each orphan save in case where there are two or more brothers, because in this case the youngest brother will be given the whole “Jono”.

Calangute:— The net income is distributed by 2600 shares.

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Camorlim:— The excess amount is divided by 1000 shares, save, however, the right of “gaonkars”, having 12 years to distribute by “jonos”. The incomes of the properties Lailasod Cason and Matos, after deducting the amount of 106$30 in favour of the group of share holder and that of expenditure of respective bunds and sluice-gates etc.

Canca:— The distribution of the net income will be made between the “jonoeiros” and shareholders, taking by rule that the “Jono” is equivalent to 20 shares. The number of shares is 100. The age for receiving the “jono” is of 14 years.

Candolim:– Divide the excess amount or surplus by 2700 shares.

Colvale:– The net income is distributed by whole “jonos” and half “jonos”. The whole “jono” is due to each, “gaonkar” having 15 years and to each “culacharin” having 18 years. Where the orphan is the only son or the youngest among the brothers, he is entitled to whole “jono”. Half “jono” is given to each one of other orphans.

Corlim:— One of the nine properties (cuntos) situated in the village belong to the Comunidade and the other to various landlords, but they are subject to sharing the deficit of the same association.

The net income of the communal “cunto” is to be divided into 9 equal quotas, out of which one is to be distributed by “jonos” to “gaonkars” having more than 35 years and the remaining eight by 200 shares.

Cunchelim:— Distribute the excess amount by 300 shares.

Guirim:— The net income is to be divided by whole “jonos” and half “jonos”; whole “Jono” to each member after 12 years and half “Jono” to each one of their orphans except when there are two or more brothers in which case the youngest will recieve whole “jono”.

Mapusa:— Distribute the excess amount by whole and half “jono”; whole “jono” to each “gaonkar” after 14 years and to “culacharins” after 17 years; and half “jono” to each one of their orphans, and where there is more than one brother, the youngest is given whole “jono”.

Marna:— The net rent is divided by “jones” to each member after having 14 years. Before this age “jono” is also given exeptionally, to the youngest of their orphan brothers.

Marra:— Distritute the excess amount by 100 shares.

Moira:— The net income is divided by whole “jonos” and its fractions. Each member will receive it after 17 years. Whole “jono” will be given to “gaonkars”, three fourths to “calvacares” and half “jonos” to “culacharins”. Before this age the orphan is also given whole “jono” where he as the only son of the ‘gaonkar” or where he is the eldest among the brothers.

Each one of the orphans of any of the three groups receive half “jono”.

Nachinola:— The excess amounts are distributed by whole “jonos” and half jonos; half “jono” to each member “sudra”, whole “jono” to each one of other classes after attaining 15 years. The orphans also receive “jonos”. The eldest among the brothers will receive

- 177 -

the amount that would be received by his father, and others will receive half according to the quota of the respective group.

Nadora:— The net rent is divided by whole jonos and half jonos. The members receive half jono after 12 years and whole jono after 15 years. Before this, each one of the orphans receive half “jono”, except where there is more than one brother in which case the youngest is entitled to whole “jono” .

Nagoa:– The net income is to be divided by 1200 shares.

Nerul:— Distribute the excess amount by 4000 shares.

Qlaulim:— The net rent is divided by whole jonos and half jonos.

The members will receive whole “jonos” after 11 years. Where there are orphan brothers each one will receive half jono; but if he is alone, he is entitled to whole jono.

Oxel:— The work will be distributed by the “jonos” and its eighths. Each member is entitled to whole jono after completing 12 years. In case any member dies leaving behind minor sons of that age, then the youngest will also receive whole “jono”. Otherwise his widow will receive one/eight of a “jono”.

Paliem:— Divide the net income by 1600 shares.

Parra:— The excess amounts are distributed by “jonos”, half jonos and one eighth of jono. Each member will receive half jono after 12 years and whole jono after 18 years. Each orphan receives half jono, except where there are two or more brothers, on which hypothesis the youngest is entitled to whole jono. Each widow having no son will be given one eight of the jono.

Pilerne:— Divide the net income by whole “jonos”, half jonos and deducted jonos. After completing the age of 14 years, each gaonkar will receive whole “jono” and each culacharin will recieve whole “jono” after deducting 1’30 in favour of the group of gaonkars. Each orphan will be given half jono, except where there are two or brothers, because in this case the youngest will receive whole “jono”.

Pirna:— The excess amounts are distributed by “jonos”. Each one of the members will receive it after 12 years, when any of the member dies leaving behind minor sons of that age, the youngest one will be entitled to a “jono”.

Pomburpa:— The net income is divided by 5300 shares.

Punola:— The excess amounts are divided by whole “jonos” and half “jonos”. Each member is entitled to whole “jono” after completing 15 years. When any one of them dies leaving behind minor sons of that age, the eldest one will recieve whole jono and each one of the others half “jono”.

Revora:— The net income is distributed by whole jonos and half “jonos”. Each member receives half “jono” after 15 years and whole “jono” after 18 years. Each one of the orphans before attaining that age will receive half “jono”; but where there are more than one brothers, the youngest is entitled to whole “jono”.

- 178 -

Saligao:— The excess amount is distributed by whole “jonos” and others with deduction. Gaonkars will receive “jono” after 12 years and culacharins after 15. The latter ones will receive less $40 than the former one in the respective gains.

Sangolda:— Distribute the net rent by personal “jonos” and shares of new kind, in the manner as follows. Annex the figure 3½ which is one of the old “jonos” “fatensins”, to the number of “jonoeiros” the total of both is the divisor and its quotient indicates the gains allotted to each personal “jonos” after this deduct the amount of gains all the personal “jonos” from the said rent and the remaining divide by 100 new shares.

Serula.— There are shares, whole “jonos” and half jonos, as also common properties .and exclusive properties of shareholders and of “jonoeiros”. In future the distribution of the interest shall be made as follows:—

The whole net income of the field “areal” and one half of the net income of “cantors” protais (sluice gates), kitchen gardens and hills will be divided by total number of new shares, which are 5300. Similarly the excess amounts in whole of the field casana and the other of the excess amount of the aforesaid “cantors”, sluice gates, kitchen gardens and hills will be distributed by “jonoeiros” and half “jonoeiros”. The members who are brahmins having 11½ years will receive whole “jono” and the members of other classes having 15½ years will receive whole “jono”. The half “jonoeiros” will receive the respective gains after attaining 12½ years.

Sircaim:— The net income is divided by “jonos”, and each member will receive his “jono” after 12 years. When any one of them dies leaving behind minor sons of that age, only the youngest will receive jono.

Siolim:— Distribute the excess amount by 3000 shares.

Tivim:— The net income is divided by whole jonos and half “jonos”. Whole “jono” is given to each member after attaining 12 years and half “jono” to each orphan before that age, except where are more brothers in which case the youngest will receive whole “jono”.

Ucassaim:— The excess amounts are distributed by whole jono and half “jonos”. Each member will recieve whole “jono” after completing 15 years. The eldest of the orphan brothers will receive whole “jono” and each one of the other half “jono”, till they attain that age.

Verla:— The net income is to be divided by shares, whole “jonos” and half “jonos”, according to the rule as follows:– Annex the figure 5½, which is one of the old; “jonos” “fateusins” to the number of personal “jonos”; the total of both the numbers is the divisor of the said income, and its quotient indicates the gain of each “jono”. Then after deducting from the said income, the total amount of gains of the “jonoeiros” and half “jonors”, the remaining is distributed by shares of new kind, the number of which is 100. Age to receive the “jono” is of 14 years. Each one of the orphans are entitled to half “jono” except the youngest amongst the brother who will receive whole “jono”.

MORMUGAO

Arossim:— It has got 4400 shares. The dividend of each share will be found by dividing the dividend fixed in the annual accounts sheet by that number of shares.

- 179 -

Cansaulim:— It has got 1800 shares and also members named gaonkares entitled to personal “jono”.

The jono of the “gaonkares” is equivalent to 12 shares and plus the quota of 38 shares belonging to the group of “jonoeiros”.

In view of this, in the first place, calculate the annual divisior in the manner as follows—

Multiply the number of gaonkars enrolled in the year by 12 add 1800 shares to the product and the total will indicate the divisor of the respective year.

When this is done, the amount to be distributed or the dividend fixed in the annual accounts sheet will be divided by that divisor.

The quotient of this divisor will be the dividend pertaining to each share in the respective year, and the gains of the personal jono of gaonkers will be the product of the said quotient multiplied by 12, added by the quota corresponding to the dividend of 38 shares of the group of “jonoeiros”. This quota will be calculated by dividing the same dividend of 38 shares by the number of gaonkars enrolled in the respective year.

Chicalim:— It has got 200 shares and also members known as gaonkar, with right to personal “jono”.

The jono is equivalent to the quota of 15 shares of the group of “jonoeiros”.

In view of this, divide the general dividend fixed in the annual accounts sheet by that number of shares and the quotient will indicate the dividend pertaining to each share in the respective year.

The dividend of the 15 shares of the group of “jonoeiros”, will be sub-divided per head among the gaonkares enrolled in the year and the quotient will indicate the gain of the jono of the respective year.

Chicolna:— It has got 200 shares and also members known as gaonkares, with right to personal “jono”.

The “jono” of the gaonkares is equivalent to the quota of 3 shares of the group “jonoeiros”.

In view of this, divide the general dividend fixed in the annual accounts sheet by the said number of 200 shares and the quotient will indicate the dividend pertaining to each share in the respective year.

The dividend of shares of the group of jonoeiros will be sub-divided, per head, among the gaonkares enrolled in the respective year.

Cuelim:— It has got 4900 shares. The dividend of each share is calculated by dividing the general dividend fixed in the annual accounts sheet by that number of shares.

Cortalim:— It has got 3000 shares and also members known as gaonkares with right to personal “jono”.

The jono of gaonkares is equivalent to the quota of 543 shares.

- 180 -

In this group 8 “jonos” belong to the Comunidade.

In view of this, divide the general dividend, fixed in the annual accounts sheet, by the number of the said 3000 shares and the quotient will indicate the dividend pertaining to each share in the respective year.

The dividend of the 543 shares of the group of jonoeiros will be sub-divided per head among the gaonkares enrolled in the year and by the 8 jonos of the Comunidade, and the quotient of this operation will indicate the gains of the jono of the respective year.

The gains of the 8 jonos of the Comunidade shall constitute the income of the following year, for the general number.

Dabolim:— It has got 100 shares which represent the quota of its gross income.

The dividend or the loss of each share will be calculated by dividing the amount to be distributed or the general dividend or deficit fixed in the annual accounts sheet, by that number of shares.

Issorcim:— It has got 500 shares, which represent the quota of its gross income. The dividend or loss of each share will be calculated by dividing the general dividend or deficit fixed in the annual accounts sheet, by that number of shares.

Mormugao:— It has got 1100 shares and also members known as gaonkares and “jonoeiros” with right to personal jono.

The jono of the gaonkares and jonoeiros is equivalent to one share plus the quota of 8 shares belonging to the general group of jonoeiros.

In view of this, in the first place calculate the annual divisor, as follows:-

Add the number of gaonkares and jonoeiros enrolled in the year, add 1100 shares to the sum and the total will indicate the divisor of the respective year.

When this is done, divide the general dividend fixed in the annual accounts sheet by that divisor.

The quotient of this operation will be the dividend that, in the respective year pertains to each share, and the gains of the personal jono of gaonkares and jonoeiros will be the said quotient added by the corresponding quota of the dividend of 8 shares of the general group of jonoerio. This quota will be found by dividing the said dividend of 8 shares by the number of gaonkares and jonoeiros enrolled in the respective year.

Pale:— It has got 1400 shares. The dividend of each share is calculated by dividing the general dividend fixed in the annual accounts sheet by that number of shares.

Quelossim:— It has got 1200 shares, four fifths of the net income is distributed by these shares.

It also has members known as gaonkares with right to personal jono, among whom is distributed the remaining one fifth.

Besides this the same gaonkares receive exclusively the amount of 3$40 of the quit-rent (foro) annexed to the property named as "terreno alegadico" (marshy land) plus the exclusive income of the field Bandcazana or Bandacamota, on which besides the quit-rent

- 181 -

(foro) of 28#40 in favour of the Comunidade, weighs the onus in the amount of 3#40 towards the security of the field, construction and preservation of bunds, placing of doors to the sluice gates, construction of dams of water reservoir and cleaning of the rivulet, and also the net income of the aforesaid property "Bandcazana" is to be separated from the general dividend and the remaining is to be divided into 5 parts; and the total of 4 parts is sub-divided by 1200 shares, the quotient will indicate the dividend pertaining to each share in the respective year.

Add the remaining one fifth to the said 3$40 and plus the net income of the said property “Bandcazana” and the total is divided by number of gaonkares enrolled in the year, the quotient will indicate the gain of each jono.

Sancoale:— It has got 2100 shares. The dividend of each share is calculated by dividing the general dividend fixed in the annual accounts sheet by that number of shares,

Vaddem:— It has got 200 shares which represent a quota of its gross income.

It also has members known as gaonkars and jonoeiros with right to personal jono.

The jono of gaonkares and jonoeiros is equivalent to the quota of one share of the group of jonoeiros, as also the quota of one more share or title navim of gaonkares, when the latter ones or the jonoeiros are at the same time shareholders.

In view of this, divide the amount to be distributed or that of the general dividend or deficit calculated in the annual accounts sheet by the total number of 200 shares and the quotient will indicate the dividend or deficit of each share.

The dividend or deficit of each share of the group of “jonoeiros” will be sub-divided by number of gaonkares and jonoeiros enrolled in the said year and that of one share of the title navim of the gaonkares will be sub-divided by the number of gaonkares and jonoeiros enrolled and who are also the shareholders; the quotient of these operations will indicate the gain or the loss corresponding to the jono of each one in the respective year.

Velcao:— It has got 200 shares. The dividend of each share will be calculated by dividing the general dividend fixed in the annual accounts sheet by that number of shares.

PONDA

Marcaim*:— It has got 15100 shares. It shall be calculated by dividing the net income by the number of shares.

Cundaim:— It has got, 12200 shares. It shall be calculated by dividing the net income by the number of shares.

Talaulim*:— It has got 1400 shares. It shall be calculated by dividing the net income by the number of shares.

Orgao*:— It has got 600 shares. It shall be calculated by dividing the net income by number of shares.

Tivrem*:— It has got 1200 shares. It shall be calculated by dividing the net income by the number of shares. _____________________

(*) There are no jonoeiros in these Comunidades. a) It is regulated by the Legislative Diploma No. 467 dated 23-3-1931.

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FORM No. 9 (Article 209 No. 2)

Register of the Land Surveyor Page …………………. Comunidade of ………

Gross Rent Net income

Escudos Escudos

No. a

nd na

me of

the p

lan to

wh

ich th

e lot

belon

gs

No. o

f the l

ot an

d its

name

Situa

ted in

the w

ard

Situa

ted in

the K

ajan o

r fiel

d or

hill

Area

in sq

uare

metr

e Pe

rimetr

e (m)

Se

rial n

umbe

r of la

ndma

rks

Dista

nce i

n metr

es

Quali

ty of

the pl

ot Na

ture o

f cult

ivatio

n Qu

ality

and q

uanti

ty of

the

seed

Pr

oduc

tion

Litre

(a)

Cultiv

ation

Incom

e inh

e-re

nt to

the lo

t

Inpro

veme

nts o

f whic

h it is

su

scep

tible

Natur

al or

artifi

cal Ir

rigati

on

Boun

darie

s

Rema

rks

FORM No. 10 (Article 212, para 2)

(Register to record the objections on the "Tombçãdo" (registration in the village cadastro) of the field of the Comunidade of ………………..

Sr. No. of the registrations

Text of the objections Order

On ……….. of 19…. There being present land surveyor ……………. with me ……… clerk of the Comunidade and whilst carrying out the "tombacao" (registration in the village cadestre) of the lot No. …….. situated at ……. known as ……..and bounded on the north by ……… on the south by ………. on the east by ……. on the west ……. these appeared ………. residing at …….. and he stated that he is the owner of a private property named ………. which bounds upon on the west with the aforesaid lot, and declared that he opposes to the "tombacao" of the latter one, in the manner as it has been done by alleging that it has included in its boundaries one portion of his said property having the length of ……… metres and width of ……. metre. He undertakes to present in the office of the Administrator of the Comunidades of this Taluka, within a period of 30 days from this date, documents wherefore his objection can be decided administratively. And this statement after read to the above agreed persons, they found it in accordance and they sign it.

…………….. (complainant) …………… (land surveyor) ……………………. (clerk)

- 183 -


The “Tombo 1” Book No. 1 of the Comunidade of ……….

Measurement

Whether there is irrigation

Gross income Escudos

Name and No. of the plan to which the lot belongs

No. o

f the l

ot

Desig

natio

n of th

e pro

perty

an

d its

situa

tion

Boun

darie

s and

perim

eter

Sl. N

o. of

the

landm

arks

Dista

nce i

n metr

es

Desig

natio

n of th

e com

mon

landm

arks

Kind

of pl

ot

Natur

e of c

ultiva

tion

Incom

e inh

eren

t to th

e lot

Impr

ovem

ents

of wh

ich th

e lot

is su

scep

tible

Natur

al

Artifi

cial

Expe

nditu

re w

ith pr

oduc

tion

and p

rese

rvatio

n

Escu

dos

(Overleaf Schedule No. 11) Onus Total

Permanent and invariable

charges

Accidental and variable charges

Remarks as regards to properties or lots

No. o

f the

lot

Quit-r

ents

(foro

s) du

e to

Govt.

Tre

asur

y

Salar

y of th

e “es

criva

o”

(cler

k)

Cult

Perce

ntage

to th

e ca

shier

Repa

irs of

sluic

e-ga

tes

and b

unds

Extra

ordin

ary c

harg

es

of cu

lt

Perm

anen

t cha

rges

Accid

ental

char

ges

Total

Net in

come

Value

of th

e pro

pertie

s

Cost

of se

a. ma

rks

FORM No. 12 (Section 551)

- The “Tombo 2” Book -

= Enumeration of private properties that pay quit-rent (foro) to the Comunidade and of invariable taxes due to it and of movement carried out therein.=

Sl. No.

Name of the

property and its

situation

Name and residence

of the possessor

Amount of quit-rents and taxes inherent to

it Boun

darie

s

Reference to the

number of transferer

Documents that have been

presented and signature of the

one who presents them

Date of

issue

Reference to

subsequent modification

Quit-rents (foros)

and remaining

taxes

- 184 -

FORM No. 13 (Article 263 and para. 1 of Art. 533)

In the year 19 …… on ……, in the village of ……. and in the house of meetings of the Comunidade of the said village, there met the respective Administrative Board, composed of ……… president of ……… and …….. members ……… attorney and of mo …….. in order to proceed with the auction six yearly (or yearly) of the fields and other items of the said Comunidade, for, today, is the date designated for such purpose by the Administrator and advertised in …….. No …….. of ……… and soon the aforesaid fields and items were put up for auction as per order of its calculation and under the clauses mentioned therein, as follows:—

No. 1 — The field …….. bearing No. 1 of the calculation was awarded to ……. for the annual rent of ……. who offered as his surety ……….… of ……..… and both sign this.

(Lease holder)

(Surety)

No. 2— The field ………. bearing No. 2 of the calculation was awarded to ……....... of ……….. for annual rent of …….... who guaranteed the bid with deposit of …….. equivalent to instalments of one year and signs this, and the aforesaid amount was credited to the coffer of which I give public notice and I also sign this.

(Lease holder)

(Clerk )

No. 3— The fish item bearing No. 3 of calculation was put up for auction and as there was no bidders it was reserved for fresh auction.

No. 4— The item of …….. bearing No. ……... of calculation was awarded to …..… of ………… for the annual price of ……… who offered as his surety …….. (one) of ……. as both do not know to sign, signs ……….. (name) of ……….. at the request of the lease holder, and ……………….… (name) at the request of the surety, with the witnesses present ……….. (name) and …………. (name) of ……

Sd/- ………….. on behalf of the lease holder Sd/- ………….. on behalf of the surety Sd/- ………….. witness Sd/- ………….. witness

And as it was time for the closing and as the total auction and not been finished it was announced that the auction would be continued tomorow at ………….. In evidence whereof this report has been drawn up which after being read is going to be signed by the president and members of the board agreed above, with me said clerk, who wrote it ......

Sd/- ………….. (president) Sd/- ………….. (member) Sd/- ………….. (member) Sd/- ………….. (attorney) Sd/- ………….. (clerk)

- 185 -


Registration of usurpation of the Comunidade of …………….

Evaluation

Sr. N

o. De

signa

tion &

sit

uatio

n of th

e plot

wi

th na

mes o

f po

sses

sors

Boun

darie

s

Sea-

mark

Meas

urem

ent

Fixed

date

or

prob

able

date

of us

urpa

tion

Kind

of pl

ots an

d its

cultiv

ation

s

Value of plot

Value of amelioration

Rent enjoyed

Amount of taxes that figure in the names of the possessors by gratuituous title

Remarks

Prepared by us, Land Surveyor Grade II and clerk of the Comunidade ………….. Date Sd/- ………….. (land Surveyor) Sd/- ………….. (Clerk)

_____

FORM No. 15 (Article 40 Para 3)

Catalogue of shares of the Comunidade of ………… of ……… Taluka

Enum

erati

on of

Tit

les of

the s

hare

s

Shar

es co

mpris

ed

in ea

ch tit

le

Enumeration of shares in each

title

Name and residence of

the person in whose favour the shares have

been issued

Value of titles in

escudos

Reference

to the auction of transfer

References

to the annotation

of onus

Reference

to the annotation

of cancellation

Remarks

1 10 One to ten ... Joao Vaz of Aquem. 1200.00 Book fl. 4

Book 2 fl. 14

Book 4 fl. 15

2 100 Eleven to one hundred and ten....

Pedro Dias of Pale 12000.00

3 60 One hundred and eleven to one hundred and seventy

Caetano Fernandes of Orli

7200.00

4 30 One hundred and seventy one to two hundred…

Joaquim Pereira of Talaulim

3600.00

10 200 24.000.00

This Comunidade has ……… (in words) shares comprised in ……… (in words titles of the total value of …………. Office of the Administrator of the Comunidades of ……... Margao ……… 19…. The Administrator of the Comunidade of ……………

- 186 -


SALCETE TALUKA No. 67 Value 1,200.00

COMUNIDADE OF CURTORIM This title of the value of 1.200'00, belongs to Manuel da Costa …….…….. of Verna

and it comprises, of 10 shares bearing Nos. 238 to 247, of the value of 120$ each one, of the Comunidade of Curtorim, to which belong the dividend that may be distributed in each year. This title is transferable by endorsement with annotation in accordance with articles …………. and…………

Margao, ………… ……… 19…. The Administrator of the Comunidades Sd/- The President of the Board Sd/- The clerk of the Comunidade Sd/-

______

FORM No. 17 (Article No. 434)

The above transfer has been registered on this date, at fl ……….….. of the respective book No. ……………..

Margao, ……………. 19…. Administrator of the Comunidade Sd/-

The transfer registered on this date at fl... of the respective book No. …..…… belongs to ………..

Margao, ………….. 19…. (Administrator of the Comunidade)

_______

FORM No. 18 (Articles 412 to 418)

(In the hypothesis of article 412 and 413) On …….. 19….. (name) of ………… presented title No. ……… of the value of ……..

containing ………. shares of the Comunidade of ………. in order to be registered in his favour, which has been transferred to him by ………… of ……... to whom it belonged as verified. In front of “belongs to” signed by the transferor in my presence and in front of the note of presentation duly signed, I made this annotation of transfer, I entered the annotation in the said title on this date with reference to this page and I returned it to the presenter stamp of ....$ has been collected of this.

Sd/- …………….. (Administrator)

- 187 -

FORM No. 19 (Article 419 and 434)

On …………. (name) of ………… presented the title Nos. ……… each one in value of …..… $ …….. containing ……… shares of the Comunidade of …… Nos. ……. of that of ……….. each one containing …….. shares of the Comunidade of ……….. all of which in virtue of the deed, etc. (conciliation, paper, copy to the terms of mortgage or of auction etc.) serve as surety (or guarantee owes to .... of ...) at the rate of interest of ……. under clauses stipulated (in case the shares belong to the surety than shall declare (and under the surety of (name) ……….. of …………). And after verifying that the property of the said title belong to the debtor (or to his surety); I made there in an annotation of surety (or mortgage) in favour of the creditor, on this date, with reference to this page and I returned to them.

(To file or to return the documents as it should be).

Sd/- …………….. (Administrator)

_______


(In the hypothesis of section 422)

This and other ……….. titles guarantee the principal amount of ………. at the rate of interest of …….. per cent. per annum, in favour of ……. of …….. with consignment of its dividends to pay the aforesaid interest, in terms of the annotation of fl. ………. of the respective book No. ……………

Margao, ………….. 19….. (Administrator of the Comunidades)

(In the hypothesis of para 7 of Article 424)

Mortgaged by judicial mandate, “ut” annotation at fl …….…. of the respective book No. …………

Margao, ………….. 19…….

(Administrator of the Comunidades)

(In the hypothesis of Article 427)

The onus mentioned in the preceding annotation on this date at fl. …………. of the respective book No. ……… is hereby cancelled.

Margao, ………… 19….. (Administrator of the Comunidades)

- 188 -

FORM No. 21 = = (Article 440, No. 1 and para 2) = =

Appointment Register Job — Name —

Sl. No.

Status Posts held with dates of respective appointments and

remunerations

Period during which he has been away

from service

Praises and punishments

Extraordinary Commissions

Remarks

_______

FORM No. 22 (Article 440, No. 3 and para 2)

Gate Book of the Office of Administrator of the Comunidades

PART I

Register of entries of applications and official documents

Date Number of the Entry

of entry in the office

of the document

Original of the application letter of file

Subject Interlocation order or destination given to it

Final decision

Remarks

Part II Letter of presentation of documents and titles of shares for annotations

Sr. No.

Month

Dates

Presenter

Title of shares that have been presented and Comunidades that have issued them

Documents presented

Kind of

annotation

Initials of the

presenter and of

Transferor 1 1931

Jan. 3 Jose Ribeiro of

Aquem Carmona 6 shares, titles 2-7

Deed of Partition

transfer Initials

2 16 Belarmino Dias of Cana

Pale 2 shares titles 120 and 121

Public Deed dated 18-12- -1901

Onus with consignment

Initials

3 20 Joao Vaz of Pale

Aquem 1 shares titles 413

Transfer Initials

- 189 -

FORM No. 23 (Article 440, No. 12 and para 2)

(Book for distribution and registration of recovery suits)

PART I Class I

General number of

the file

Serial No. in the class

Date of distribution

Name of the clerk dealing with the file

Name and residence of the debtor

Amount of debt

Name of the Creditor

Conditions of the file

_______


Cash-Book of the Comunidade of ……………..

Respective movement to the

management

Respective movement to the

management

Refer

ence

to

the C

/C

Entry

Annual Arrears Refer

ence

to

the C

/C

Issues

Annual Arrears 1 2 3 4 5 6 7 8

No. 1 Balance existing in the cash book on 1st March 19 …. As mentioned in the balance sheet at fl.… and statement of handing over at fl.……. of this book, seventy-two escudos …… on 25th

March, 19…. after opening the coffer received.

—

—

72 $

11

To the cashier ……… to pay the local tax to the Office of the Administrator of the Comunidades, one hundred and one “escu-dos” and thirty centavos

Sd/- Cashier

101$30

No. 2 From Francisco Coutinho towards the rent of the field Belorem taken on lease by him one thousand two hundred and sixty-six escudos. And if the coffer has been closed after receiving this only payment.

Sd/- President Sd/- Cashier

Sd/- Clerk

1,266$

1,266$

8

8

No. 2 To the clerk for advance towards the subscription of Govt. Gazette of the current year, one hundred and twenty escudos ……

Sd/- Clerk And if the coffer has been closed after paying off the amount of two hundred and twenty-one “escudos” and thirty “centavos” derived from the above two items.


Sd/- Clerk (On 2nd July, 19--- after opening the coffer paid:-) To the clerk towards his salary thirty “escudos”.

Sd/- Clerk

120$00

308$00

— —

- 190 -

1 2 3 4 5 6 7 8

No. 3

From the attorney towards the deficit collected from the cashier of …., five hundred and twenty-eight “escudos” …….. And if the coffer has been closed after receiving the amount of five hundred and twenty-eight “escudos” derived from the above item


Sd/- Clerk On 15th December, 19…. After opening the coffer received:–

— 210$00

528$00

Anno

tated

And if the coffer has been closed after paying the amount of thirty “escudos” derived from the above item.


Sd/- Clerk

On 4th September, 19…… after opening the coffer paid:–

An

notat

ed

No. 4 From cashier ….. on account of his debt, two hundred and ten “escudos”… And if the coffer has been closed after receiving the amount of two hundred and ten “escudos” derived from the above item.


Sd/- Clerk On 28th or the said month and year after opening the coffer received:–

No. 4 To Paulo Costa to-wards the balance in credit of the accounts of ….. two hundred and forty “escudos” …. Paulo Costa.

$ —

240$00

And if the coffer has been closed after receiving the amount of two hundred and ten “escudos” derived form the above item.


Sd/- Clerk

12

No. 5 To the cashier to pay the local tax sixty escudos …. And if the coffer has been closed after pay-ing the amount of three hundred escudos deriv-ed from the above two items.


Sd/- Clerk

60$00 480$00

On 28th or the said month and year after opening the coffer received:-

6

No. 6 To Joao Lourenco to-wards the balance in credit of the present management four hun-dred and eighty es-cudos.

Joao Lourenco

—

9

No. 7 To the servant ...... towards the salary of the year …. eighteen “escudos”.

Sd/- Servant

18$00

—

- 191 -

1 2 3 4 5 6 7 8

7 5

No. 8 To the local board towards the balance in the credit of the present management, one hun-dred and fifty “escu-dos”. Sd/- Secretary of the Board. And if the coffer has been closed after paying the amount of six hundred and forty-eight “escudos” derived from the above three items. Sd/- President, Cashier Clerk on 16th January, 19… after opening the coffer paid. To Francisco Pereira towards the balance in credit of the present management, thirty “escudos” …..

Francisco Pereira. And if the coffer has been closed after making this only payment of the amount of thirty “escudos”.


Sd/- Clerk

150$00 30$00

— —

1476$00 600$00 989$00 240$00

“Yearly Balance Sheet”

Total amount entered in the coffer by the Management of the current year …………………………… 1476$00 Total amount entered by the management of the preceding years 600$00 2076$00 Total amount of issues from the coffer by the management of the current year ……………………………………….. 898$00 Total amount of issues by the management of the preceding years …………………………………………. 240$00 Balance in the coffer …………………………………… 846$00 2076$00 Balance in the above coffer …………………………… 846$70

- 192 -

Deficit of the cashier in the year 19…. mentioned at the of the current accounts ……………………………… 65$40 750$00 Debits of the title holders of the current year. ……… 1662$10 This amount belongs to the creditors mentioned in the following list:— Creditors of the year 19 ……. 1. No. ……………. Pedro Fernandes ……………… 120$00 2. No. ……………. Joao da Silva …………………. 30$00 3. No. ……………. Door Keeper …………………. 30$00 4. No. ……………. Clerk …………………………. 60$00 240$00 Creditors of the year 19……….. 1. No. 1 Pedro Fernandes ………………………….. 1632$00 2. No. 4 Joao Fernandes …………………………… 255$00 3. No. 9 Clerk ……………………………………… 90$00 4. No. 12 Govt. Treasury ………………………….. 183$80 5. No. 13 Office of the Administrator …………….. 18$00 6. No. 14 Comunidade …………………………….. 450$00 2628$00 2.868$80 This account has been closed, whereof derives the balance in the coffer if the amount

of eight hundred and forty six “escudos” and seventy “centavos”. House of meetings of the Comunidade. (date) Sd/- President Sd/- Cashier Sd/- Attorney Sd/- Clerk

Statement of handing over

On first March 19……, there being present the president and the other members of the administrative …….., …….., ………, …….., and the key-keeper of the coffer …. and ...., with me ………, clerk, the coffer was opened and after counting the cash existing therein it was verified that the total amount of the balance amount to 846§70. This amount along with the keys was handed over to the new key-keepers …... And …… who were present and to me said clerk. We collected the amount received in the same coffer and took possession of the keys. In evidence whereof this statement is drawn up and signed by all the persons agreed above.

Coffer of the Comunidade on ……. (date) Sd/- President Sd/- Members Sd/- Members Sd/- Members-cum-Cashier Sd/- Member-cum-attorney

Sd/- President of 19 ……. Sd/- Member-cum-Cashier of 19 …… Sd/- Clerk of 19 …….

- 193 -

FORM No. 25 (Article – 470)

Returns and expenses book of the Comunidade of …………………….. Returns and expenses sheet of the Comunidade of the year 19……

Sr. No.

Returns Amount Sr. No.

Expenses Amount

"Invariable" 1 Indivisible balance of the year 19…

which has been transferred to the current year as mentioned at fl ….. of the returns and expenses book No. …. ninety-three escudos.

93$00

1 Contribution for the cleaning of church of this village, authorized by order of the Governor General, registered at fl ….. of the register No. ……. one hundred and fifty “escudos”

150$00 2 Amount set apart for works mentioned

at fl. …….. of the said book, six thousand seven hundred and eighty nine “escudos”

6789$00

2 Salary of the clerk of the Comunidade mentioned in the table 2-II of the said code, seven hundred and twenty “escudos”

720$00

3 Remaining amount spent under item No. ……….…. for books, twenty-seven “escudos”

27$00

3 Salary of the servant of the Comuni-dade authorized by order of the Governor General, registered at fl.... of the register No. ………. Forty-eight “escudos”.

48$00

“Invariable” “Variable” 4 Quit-rents of the emphiteuses of the

Comunidade recorded in the respective village enumeration at fl ….. of the book “tombo” 2–one hundred and eighty “escudos”.

180$00

4 Subscription of the Govt. Gazette of the following year 19…. one hundred and twenty “escudos”.

120$00

“Variable” 5 Income of the field of the Comunidade

leased in terms of fl. …. of the book of agreement No. ….. four thousand eight hundred “escudos”.

480$00

5 Contribution of local tax, mentioned in the circular registered at fl. …. of the said register ……

60$00

6 Ditto of urbon properties leased in terms of fl. …. to fl. .... of the said book, three hundred “escudos”.

300$00

6 Percentage of the cashier and president authorized by order dated ….. ninety “escudos”.

90$00 7 Ditto of fish and other settlements

auctioned in terms of fl. … to fl. .... of the said book seventy five “escudos”.

75$00

7 Land tax and additional municipal tax to be paid to the Govt. Treasury (item No. 9 of the income) five hundred and ten “escudos”.

510$00 8 Interest on the principal amount of

six thousand “escudos” given on loan to ….. through deed of …. dt. ….. three hundred “escudos”.

300$00

8 Cost of constructions and repairs, auctioned in terms No. ….. of fl. ….. of the book of agreement No. …… Sixty “escudos”.

60$00

9 Land tax and additional municipal tax to be collected from the lease holders of the field of Comunidade, five hundred and ten “escudos” ….

510$00

9

Net income

11316$00

13074$00 13074$00

House of Meetings of the Comunidade at ………….., ………….. 19……

Sd/- Attorney. Sd/- Treasurer. Sd/- Clerk.

(Place for order of the Administrator)

- 194 -

SUMMARY

Net income verified at folio approved by the above order (or fixed, by the said order) ……… 11.316$00

Amount set apart by the said order for extraordinary works of the Comunidade …………….. 4,200$00

Dividend to be distributed amount the "Jonoeiros" and share-holders of the Comunidade ….. 7.159$00

Indivisible balance that is carried over to the following year of 19… ……………………….. 57$00

11.316$00

As per the institution of the Comunidade, one fourth of the net income belongs to the "jonoeiros" and the remaining three fourths to the shares. In the current year there are 4 "jonoeiros" enrolled at folio ……. of the book of c/c No. …… and the number of shares is 880, as it is soon from fl. ….. of the respective book No. …., so there falls to each "jono" 444$80 and to each share 6$00, there remaining an indivisible balance of 57$00, which is carried over to the following year.

Date:

Sd/- (Attorney) Sd/- (Cashier) Sd/- (Clerk)

_______

FORM No. 26

(Article 479)

Comparative map of the returns and expenses, net income or "deficit" and debts of the Comunidade of ……………..… Taluka year 19………

Retuns Expenses Net income Deficit Debts Sr. No.

Comunidade 19… 19… 19… 19… 19… 19… 19… 19… 19… 19…

Remarks

1. Aquern Difference

5400$ for less

5358$ 42$

4502$ For

more

4800$ 198$

798$ for less

— —

— —

— —

— —

— —

— —

2. Cavorim Difference

40104$ for

more

40200$ 96$

12054$ for

more

14994$ 2940$

28050$ for less

558$ 240$

— —

— —

— —

— —

— —

3. Verna Difference

15960$ for

more

16080$ 120$

17520$ for

more

17940$ 420$

— —

35206$ 2844$

— 1560$

for more

— 1860$ 300$

— —

— —

— —

(Date) (Signature)

N.B.:- The names of the villages shall be declared in alphabetical order.

- 195 -


Current accounts of the Comunidade of ………..…… of the year 19……….

Sr. No.

Designation

To recover

Total guaranted

income

Remarks and

annotation

Designation

To owe

Income paid in

the debit

Remarks and

annotation

Title of the "Jonoeiro" 1. Gains of personal jono 300$ Dividends of 25 shares 1500$ 1800$ at the rate of 60$ …….. 1800$ 320$ 600$

Pedro Fernandes Rent of the field Artoem No. …. Rent of urban property No. … Granted to Paulo da, Costa No. 3 under bond No. Balance in favour 210$

1130$ 1130$ 670$ 1800$ Title of the "Jonoeiro" 2. Gains of personal jono 300$ Francisco Coutinho Dividends of 20 shares at Income of the field 2100$ the rate of 60§ …. 1200$ Betorim No.... 576$ Paid under statement No. 1266$ Ditto of the urban 2766$ 2766$ property No..... 90$ Quit-rents of emphytense… 2766$ 2766$ Title of the "Jonoeiro" 3. Gains of personal jono 300$ Paulo da Costa Dividends of 5 shares at Rent of the field the rate of 60$ Carrela No. … 990$ granted to Pedro Fernan- Quit-rents of des No. … 300$ emphyteuse … 96$ under statement No. … 210$ 810$ 810$ 1086$ 810$ 240$ Balance 1086$ Title of the "Jonoeiro" 4 Gains of personal jono 300$ Joao Fernandes 75$ Dividends of 5 shares at Rent of fish …. 75$ the rate of 60$ …. 60$ 315$ Premium of auction of construction of dam of lakes No. .... 30$ Title of the share holder 5 Dividends of 5 shares Francisco Pereira at the rate of 60$ 300$ Quit-rents of 300$ 300$ emphyteuse … 30$ Paid Granted to Lourenco under No. 6 under state- state- Ment No. …. 240$ ment 270$ 20$ No. 10

- 196 -

Sr. No.

Designation

To recover

Total guaranted

income

Remarks and

annotation

Designation

To owe

Income paid in

the debit

Remarks and

annotation

Title of the share holder 6 Dividends of 4 shares at the rate of 60$.. 240$ Paid granted to Francisco under Pereira No. 5 under Balance in favour 30$ state- statement No. … 240$ Joao Lourenco 300$ ment 480$ 480$ Balance in favour 480$ No. 9 Title of the structure of the Church of 7 Contribution for the clear- Paid ing of the church No. 3 of under the expenses sheet … 150$ 150$ Balance of favour… 150$ statement No. 7 Title of the clerk of the Comunidade 8 Salary of the year 19 ... Received on 30$ Paid No. 4 of the expenses account of his under sheet 120$ salary under state- statement No. 3 ment No. 10 120$ Paid for subscrip- Subscription of the Govt. tion of the Govt. Gazette of the current Gazette by receiving year No. 6 of the expense from the coffer under Sheet …. 120$ Statement No. 2 120$ 240$ 240$ 150% 150$ Balance in favour 90$ 240$ Title of the servant of the Comunidade Paid 9 Salary of the year 19… under No. 5 of the expense

sheet…… 48$ 48$ Balance in favour… 48$ state-

ment No. 8 Title of the office of the Administrator 10 Taxes of the year 19… Paid under state- No. 7 of the expense sheet 90$ 90$ ment register at fl… of the register No. 72$ Balance in favour .. 180$ 90$ Title of the Comunidade 11 Remaining indivisible amount of the current year … 30$ Amount set apart for oonstructions. 420$ 450$ 450$ Balance in favour .. 450$ Grand Total …………. 7,524$00 Grand Total 5,273$00

House of meetings of the Comunidade of ……………. 19…..

Sd/- Clerk

- 197 -

BALANCE OF CREDIT AMOUNT OF THE CURRENT ACCOUNTS

Gains and dividends paid to the “Jonoeiros” and share holders in their current accounts

4800$

Total of the 2nd column of the left hand page of this book

11,691$

Total of the items of expenses fl ... of the book of income and expenses No…. which have been credited to the current accounts

1335$

Amount set apart in the said sheet for extraordinary works

420$

Remaining indivisible amount that is carried to the following year

30$

Amount of grants made in the current year, mentioned at fl. …. of the book No. ……

450$

Ditto of charges fl. ….. of the book No..... 2196$ Payment made to the title holders in the coffer on account of their debit under statements No. 2 and 4 of the cashbook

2460$

11,691$ 11,691$

House of meetings of the Comunidade of ………… 19…..

Sd/- Attorney Sd/- Clerk

BALANCE OF DEBIT AMOUNT OF THE CURRENT ACCOUNTS

Total income of the Comunidade mentioned at fl….. of the book No. …. with deduction of the balance credited of the preceding year

6531$

Total of the 2nd column of the right hand page of this book

8354$

Amount of grants made by “Jonoeiros” and share holders mentioned at fl. …… of the book No. …..

450$

Amount that the title holders owe towards the balance of their current accounts.

1086$

Ditto of charges fl. ….. of the book No..... 2126$ Ditto, in possession of the cashier withdrawn from the coffer under statement No. 4 of the cashbook No.

101$

Cash withdrawn from the coffer of the Comunidade for advances of various payments in the year of the management under statements Nos. 1 to 6 of the cash-book No. ….

424$

9541$ 9541$

House of meetings of the Comunidade of …………..…. 19……

Sd/- Attorney Sd/- Clerk

- 198 -


Statement of grant On ………… there appeared …….. member of this Comunidade residing in ………

(by himself or through his attorney ……….. constituted by power of attorney that has been filed in the bundle No. …….) and stated that he authorised the transfer to the title No. ………… of …………. of the credit amount of ………….. that he has in the Comunidade, by deducting it from his title No. ……

In evidence whereof he signs this with me clerk.

Sd/- Sd/- (Clerk) ________

FORM No. 29 (Section 520)

Item of grant

Granted by ……..……. Of ………….. No. ………… the amount of ………$..... to the title No. …… of …….. by authorization filed in the bundle No. …….

Date: Sd/- (Clerk) _______


Book for the inscription of the shareholders

Movement carried out on 19…… Sr. No.

Name and residence of the shareholder

on 19…..

Shares posse-ssed

Annotations

the new Modification

No. of on ……..

Serial Possessed inscription

Shares

Annotations

Year 19…… 1 Pedro Fernandes of Nagoa 25 20 2 Francisco Coutinho of Pale

in favour of …. 20 For onus of…

favour of ….. Sold 5 7 20 The preceding of

onus continues 3 Paulo de Costa of Orlim 5 The dividend has

been consigned in favour of …

9 5 ditto

4 Joao Vaz of Calangute 1 Sold 8 5 Jose Lourenco of Cana 4 Transferred 9 & 10 6 Francisco Pereira of Verna 5 Ditto 10 Total 60

Date: Sd/- Clerk 7 Jose Pereira of Anjuna 5 8 Catao Fernandes of Cuelim 1 9 Cosme Lourenco of Varca 2 10 Miguel Lourenco of Varca 7 60 Date: Sd/- Clerk

- 199 -


Statement of auction In the year nineteen hundred and ….. on ……… at about 9.00 a.m. in this city (or

town) of ………. and in the office of the Administrator of the Comunidades of …. Taluka, there met the respective Administrator ……….…. (name), the members of the administrative board of the Comunidade of ….., signed below, with me ….. (name) ……. Secretary of the office of Administrator to, as per the edicts and notices published in terms of article 180 of the Code of Comunidades, proceed with the auction of immovable properties of the said Comunidade of ……… the said Administrator, appointed ….. (name) as crier ordered to put up for sale by auction. The lots or properties recorded in the book “Tombo I” first part, of the aforesaid Comunidade, by order of the said Administrator and under clauses and encumbrances mentioned in the respective records, what he, in fact, did, as follows:—

No.1 — Lot No. ……. (shall mention the number of its inscription in the Tombo) situated it ……… named …………. bounded …….… it has an area of …..… and it measures ………………. and the leaseholder of which is subject to the following encumbrances ……… it has been awarded in sale to ……. (name) residing in ……., for the price of ……… & ………. which he undertook to pay in annual instalments of ….. &……each, by subjecting himself to punishments imposed to him by the Code of Comunidades in force, he offered as his surety ……., residing in …….. , married, who being present to this act accepted the burden and presented the document to show that he has consent from his wife for this purpose, and he guaranted the bid of the one to whom he stood as surety with …….… shares of the said Comunidade, annotated in the name of ……….. (name), with consent of the letter one, which he also proved with the document presented by the said surety. And in evidence whereof this statement is drawn up which after being read is going to be signed by the lease holder and his surety.

Sd/- ……………….. lease holder Sd/- …………….… surety No. 2 — Lot No ………. situated at ………., etc………, was put for sale by auction

and its auction was suspended, as in the same act ……… (name) resident of …….. presented a certificate issued by the clerk ………. of the district court of this judicial division, where it has been declared that the suit referred to in article 806 of the said code has been filed by the presenter.

No. 3 — Lot No. …… situated at ………. named …….. etc., was awarded, (etc). No. 4 — Lot No. ………, …….… and …….. were put up for sale by auction, and

there were no bidders. And as it was time up for the closing, the auction was concluded and it was announced

that it would continue tomorrow at 9 a. m. And this report was concluded, which after being read, is going to be signed by the Administrator, by the members of the administrative board and by me. ……………… (name) Secretary of the office of Administrator, who wrote it.

Sd/- ……………… Administrator Sd/- ……… President of the board Sd/- ……… Member-cum-cashier Sd/- ……… Member Sd/- …….. Member-cum-attorney Sd/- ……… Member Sd/- …. clerk of the Comunidade Sd/- Secretary of the office of Administrator

- 200 -

Value

90.54

0$

166.

140$

162.

000$

— —

Total

No.

of sh

ares

503

923

900

—

—

Cred

it amo

unts

No. &

Qty.

of th

e title

s

5 title

s 100

shar

es,

3 title

s of 1

shar

e

9 title

s of 1

00 sh

ares

1 t

itle of

23 sh

ares

(a)

7 tltle

s of 1

00 sh

ares

1 t

itle of

40 sh

ares

8

titles

of 20

shar

es

No tit

le No

title

To th

e lot

No. 7

5,

80 sh

ares

—

—

—

—

To th

e lot

No. 7

, 63

shar

es

To th

e lot

No

. 73

17 sh

ares

—

—

—

To th

e lot

No. 4

, 37

shar

es

To th

e lot

No. 6

8 60

0 sha

res

—

—

—

To th

e lot

No. 3

, 10

0 sha

res

To th

e lot

No

. 23

64 sh

ares

—

—

—

Gu

aran

tee of

shar

es m

ade b

y the

Sha

reho

lders

towa

rds t

he pu

rchas

e of

vario

us lo

ts or

prop

ertie

s

To th

e lot

No

. 2,

200 s

hare

s h

To

the l

ot No

. 573

9 sh

ares

—

To th

e lot

No. 2

7 57

shar

es

Value

in co

in (e

scud

os)

180,5

40$

421.2

00$

162.0

00$

10.2

60$

Total

No.

of sh

ares

10

03

2340

900

57

Inter

est o

f eac

h sha

reho

lder

No. &

qty.

of the

titles

8 title

s of 1

00 sh

ares

. 10

titles

of 20

shar

es.

3 title

s of 1

shar

e. 15

title

s of 1

00 sh

ares

28

titles

of 30

shar

es

7 title

s of 1

00 sh

ares

1 t

itle of

40 sh

ares

8 t

itles o

f 20 s

hare

s

5 title

s of 1

0 sha

res

7 title

s of 1

shar

e

FOR

M N

o. 3

2 C

omun

idad

e of

……

……

…

Shar

es is

sued

430

0. V

alue

of e

ach

shar

e in

scri

bed

in th

e "t

ombo

" 18

0$00

Name

of th

e sha

re

holde

rs

Jose

Dias

Pedr

o Ant

onio

Jorg

e

Manu

el Vi

cente

da

Cos

ta

Rosa

rio M

anue

l Tit

lepes

Co

rreira

(a)

One

of t

he ti

tles o

f 30

shar

es w

ould

hav

e to

be

redu

ced

to 2

3 by

mea

ns o

f an

anno

tatio

n.

(Sup

plem

ent t

o th

e G

over

nmen

t Gaz

ette

, Ser

ies I

No.

15

date

d 15

-4-1

961)

.

- 201 -

Revenue Department

Notification 17/25/85-RD

In exercise of the powers conferred by clause 19 of Article 153 of the Legislative Diploma No. 2070 dated 15-4-1961, the Administrator of Goa, Daman and Diu hereby makes the following rules, namely:—

1. Short title and commencement.— (1) These rules may be called the Goa, Daman and Diu Legislative Diploma No. 2070 dated 15-4-1961 Rules, 1985.

(2) It shall come into force at once.

1. Publication of Notes.— Notices of auction in respect of plots to be allotted by means of auction shall be published in the Government Gazette and also one in local daily newspaper in the local language and one daily newspaper in English.

2. Maximum area to be allotted.— In respect of any application made after the commencement of these rules, the maximum area that can be alloted to a person shall be restricted to 400 sq. mts.

3. Eligibility.— (1) The applicant to be eligible for allotment of a land should not own any residential accommodation or a build site within a radius of 8 kms. from the Comunidade from which he intends to take land on lease.

(2) An applicant to be eligible for grant of land on lease without auction shall not be a person whose annual income from all sources exceeds Rs. 60,000/-.

4. Affidavit to be sworn by certain bidders. — An affidavit shall be furnished by those bidders in auction who are not original applicants affirming that they do not own any land/house within a radius of 8 kms. from the particular Comunidade.

5. Records of Comunidades to be maintained in English.— All the records of the Comunidades shall be maintained in English to the extent possible.

6. Periodical inspection to be carried by Administrator of Comunidades.— Administrator of Comunidades shall carry out quarterly inspections for detecting as well as preventing encroachment of Comunidade lands and they shall furnish a report thereof to the Collector of the district for further necessary action.

7 Administrator of Comunidades to complete formalities within six months.— Administrator of Comunidades shall complete all the formalities in respect of grant or allotment of Comunidades land either by auction or without auction within a maximum period of six months from the date of receipt of the application.

8. Allottee to take permission for conversion of land use.— The allotee shall take permission for conservation of land use under the provision of the Goa, Daman and Diu Land Revenue Code, 1968 whenever change of land use is intended after allotment. Unauthorised change of land use will make the land liable for reversion.

9. Allottee to construct building within four years.— The allottee shall utilise the land granted by constructing the necessary building within a maximum period of four years failing which the land shall be liable for reversion.

- 202 -

10. Allotted land not to be transferred.— No transfer of allotted land or building erected thereon shall be made before the expiry of ten years. After the period of 10 years, if the said land or such buildings are to be transferred it shall be done only with the prior approval of the Administrator of Comunidades. In the event of transfer, 10% of the appreciated value of the land shall be deposited to the Comunidade.

11. Administrator of Comunidades to prepare layout, etc.— It shall be the responsibility of the Administrator of Comunidades to prepare suitable layout plans with adequate place for public amenities like roads, parks, water supply mains etc. in consultation and with the approval of competent authorities before proceeding to al-lotment of plots.

12. List of vacant plots to be displayed every year.— Every year in the month of January, list of vacant plots of each Comunidade indicating Survey number and the location and all other relevant details shall be displayed on the Notice Board of the Office of the Administrator of Comunidades as also in the Official Gazette.

13. Administrator of Comunidades to obtain conversion and sub-division of plots.— Administrators of Comunidades concerned shall obtain conversion under the provisions of the Goa, Daman and Diu Land Revenue Code, 1968 from the concerned authorities and shall get the plot sub-divided in accordance with the Law before recommending the case to the Government.

By order and in the name of the Lieutenant Governor of Goa, Daman and Diu.

P S. Nadkarni, Under Secretary (Revenue).

Panaji, 25th November, 1985.

(Published in the Official Gazette, Series I No. 35 dated 28-11-1985). ________

Revenue Department

Notification 13/92/83-RD

In exercise of the powers conferred by clause 19 of Article 153 of the Legislative Diploma No. 2070 dated 15-4-1961, the Government of Goa hereby makes the following rules so as to amend the Goa, Daman and Diu Legislative Diploma No. 2070 dated 15-4-1961 Rules,1985, namely:—

1. Short title and commencement.— (1) These rules may be called the Goa Legislative Diploma No. 2070 dated 15-4 -1961 (Amendment) Rules, 1961.

(2) They shall come into force at once. 2. Omission of rules 2, 3, and 4.— Rules 2, 3, and 4 of the Goa, Daman and Diu

Legislative Diploma No. 2070 dated 15-4-1961 Rules, 1985, shall be omitted. By order and in the name of the Governor of Goa.

B. N. Bhat, Under Secretary (Revenue) to the Government of Goa. Panaji, 12th May, 1993.

(Published in the Official Gazette, Series I No. 8 dated 20-5-1993).

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A P P E N D I X

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Government of Goa, Daman and Diu

Secretariat

order

In exercise of powers confered by clauses (2) and (3) of the Goa, Daman and Diu (Administration) Removal of Difficulties Order, 1962, 1, K. R. Damle, hereby issue the following Order:

1. The jurisdiction of the Administrator of Comunidades of Goa is extended to the Comunidades of Ponda concelho, the jurisdiction of the Administrator of Comunidades of Salcete is extended to the Comunidades of Mormugao Quepem, Canacona and Sanguem concelhos and the jurisdiction of the Administrator of Comunidades of Bardez is extended to the Comunidades of Pernem and Bicholim concelhos.

2. The staff of the Comunidades of Ponda, Mormugao, Quepem, Canacona, Sanguem, Pernem and Bicholim shall be maintained in the respective offices, who shall be with the matter of Comunidades.

3. The staff shall be subordinate to all purposes to the respective Administrators of Comunidades of Goa, Salcete and Bardez.

The Lieutenant Governor K. K. Damle

Panaji, March 24, 1965.


________

Law Department

Notification

LD/N/44/66

In exercise of the powers conferred by section 88 (1) (d) of the Indian Registration Act, 1908, as extended to the Union Territory of Goa, Daman and Diu, the Lt. Governor of Goa, Daman and Diu hereby specifies that the Administrators of the Comunidades of Goa or any other authorities acting as such, shall be deemed to be the holder of a public office for the purposes of the said section.

By order and in the name of the Lieutenant Governor of Goa, Daman and Diu.

Kant Desai, Under Secretary.

Panaji, 25th July, 1966.

(Published in the Offcial Gazette, Series I No. 18 dated 18-8-1986).

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Revenue Department

Order

RD/COM/55/71-73

In partial modification of the Government Order No. GAD/B/CMN/1/66 dated 19-7-1966 published in the Government Gazette, Series I, No. 18, dated 4-8-1966 the powers conferred to the Lt. Governor under Section 119 of the Code of the Comunidades are hereby delegated to the Director of Civil Administration.

The powers under article 30 (4) (f) and 30 (4) (j) delegated to the Director of Civil Administration under items at serial number 4 and 7 of the Government Order No. GAD/B/CMN/1/66 referred to above, are hereby cancelled.

By order and in the name of the Administrator of Goa, Daman and Diu.

P. S. Bhatnagar, Secretary (Revenue).

Panaji, 8th March, 1973.


_______

Revenue Department

Notification 17/16/93-RD(6795)

In pursuance of Clause (ix) of Article 334-A of the Legislative Diploma No. 2070 dated 15-4-1961, the Government of Goa hereby notifies the landless servicemen and Ex-servicemen of Goan origin of the State of Goa and their widows as one of the categories for the purposes of the said Article 334-A of the Legislative Diploma No. 2070 dated 15-4-1961.

Explanation:— For claiming Goan Origin of the State of Goa, a certificate should be produced from the Registrar of Births to the effect that the applicant's father/mother is of Goan Origin and born in the State of Goa.

By order and in the name of the Governor of Goa.

E. A. Cardozo, Under Secretary (Revenue) to the Government of Goa.

Panaji, 9th June, 1994.


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Notification

13/1/94-RD

In pursuance of clause (ix) of Article 334-A of the Legislative Diploma No. 2070 dated 15-4-1961, the Government of Goa hereby notifies the sportsmen of Goan Origin of the State of Goa, who have represented India in an International Tournament or have won a medal (gold, silver or bronze) at National Level and have played the sport in Goa for 10 years, as one of the categories for the purposes of the said Article 334-A of the said Legislative Diploma No. 2070 dated 15-4-1961.

Explanation (1).— For claiming Goan Origin of the State of Goa, a certificate should be produced from the Registrar of Births to the effect that the applicant's father/mother is of Goan Origin and born in the State of Goa.

Explanation (2).— For claiming that the person has played the sport in Goa for 10 years or has represented India in an International Tournament or has won a medal at National Level, as the case may be, a Certificate from the respective sports association to that effect duly endorsed by the Sports Authority of Goa, should be produced.


R. T. Khorjuvenkar, Under Secretary (Revenue).

Panaji, 9th June, 1995.

(Published in the Official Gazette, Series I No. 14 Dated 6-7-1995).

________

Notification

13-1-94-RD

In pursuance of clause (ix) of Article 334-A of the Legislative Diploma No. 2070 dated 15-4-1961, read with section 21 of the General Clauses Act, 1897 (Central Act 10 of 1897), the Government of Goa hereby amends the Notification No. 13/1/94-RD dated 9-6-1995, published in the Official Gazette, Series I, No. 14 dated 6-7-1995 (hereinafter called the 'said Notification'), as follows:—

In para 1 of the said Notification after the expression “sportsmen of Goan origin of the State of Goa”, the words “who are landless and” shall be inserted.


Smt. A. Menezes, Under Secretary (Revenue).

Panaji, 21st January, 1997.

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Notification

17/99/96-RD

In pursuance of clause (ix) of Article 334-A of the Legislative Diploma No. 2070 dated 15-4-1961, the Government of Goa hereby notifies the following category for the purposes of said Article 334-A of the said Legislative Diploma No. 2070 dated 15-4-1961:—

“The landless employees of the High Court of Judicature at Bombay, Goa Bench, Panaji, who were employees of the erst-while Court of the Judicial Commissioner, Panaji.”


Smt. A. Menezes, Under Secretary (Revenue).

Panaji, 21st January, 1997.

(Published in the Official Gazette, Series I No. 48 Dated 27-2-1997).

________

Notification

7/45/2001/LA

The Goa Legislative Diploma No. 2070 dated 15-4-1961 (Second Amendment) Act, 2001 (Goa Act 46 of 2001), which has been passed by the Legislative Assembly of Goa, on 20-6-2001 and assented to by the Governor of Goa on …., is hereby published for the general information of the public.

S. G. Marathe, Under Secretary (Drafting).

Panaji, ….. 2001.

(Published in the Official Gazette, Series I No. ….. dated …-….-2001).

Code of Comunidades

Documents

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