Section 20

Section 20 of Code of Comunidades of 1961. The Goa Legislative Diploma No. 2070 dated 15-4-1961 (Amendment) Act, 2025, (Goa Act 4 of 2025) [27/02/2025] published in the Official Gazette Series I No.

The Goa Legislative Diploma No. 2070 dated 15-4-1961 (Amendment) Act, 2025, (Goa Act 4 of 2025) [27/02/2025] published in the Official Gazette Series I No. 49[Extraordinary No.01] dated 06-03-2025 and come into force at once. DECLARATION It is hereby declared for all legal purposes that in the publication of the statutory enactment No. 2070 dated 15/04/1951 by which the Code of Comunidade was enacted in the supplement of Official Gazette No.15, Series I of the same date, there are some inaccuracies which are hereby rectified.

1) In Article 533, para 3 where it is read -in a manner which may be establishedl, it has to be read as -in a manner which is already establishedl;

2) In Article 660, where it is read -1294, 13061, it is to be read as -1294, 1301 and 13061; and 3) Where it is read -of 30th July, 1949, of 22nd September, 19491, it is to be read as -dated 30th July, 1949, dated 18th August, 1949, dated 22nd September, 1949.

4) In the map No. 1 of Comunidade of Taluka of Goa where it is read -Passo de Ambarim Talaulim de Santanal, it is to be read as -Passo de Ambarim Renovadim Talaulim de Santanall;

5) In the recapulation of map No.1 where it is read -Taluka Goa .31l, it is to be read -Taluka Goa 321.

6) Directorate of Services of Administration of Goa dated 17th August, 1961- Directorate of Services of Ad-hoc, Sripada Ananta Sinai Narcornim, Official Gazette No.33, Series I dated 17/08/1961. Note: In the body of the translated text, corrections of the mistakes pointed out in the above declaration have been embodied at the appropriate place as they will be integral part of the Code and effective from the date of the promulgation of the Code on 15/04/1961. Title I - Constitution of -comunidades Chapter I - General Provisions - Art. 1-19 Chapter II - - Comunidadesl Section I - Members of the -comunidadesl - Art. 20-29 Section II - Powers of the -comunidadesl - Art. 30-32 Section III - Meetings of the -comunidadesl - Art. 33-38 Section IV - Managing committee - Art. 39-72 Section V - Attorneys - Art. 73-83 Section VI - Clerks of the comunidades - Art. 84-98 Section VII - Treasurer - Art. 99-101 Section VIII - Safe and the key-holders - Art. 102-115 Chapter III - Administration of the comunidades Section I - General provisions - Art. 116 & 117 Section II - Administrators - Art. 118-126 Section III - Office of secretary and its personnel - Art. 127-152 Chapter IV - Governor-General - Art. 153 Chapter V - Administrative Tribunal - Art. 154 Chapter VI - Pensioners' Bank - Art. 155 -172 Chapter VII - - Comunidadesl in default - Art. 173-181 Title II - Operations of the -comunidades and their procedure Chapter I - Qualification of the members Section I - Of primary enrolment of the_zonnkars' - Art. 182-192 Section II - Annual enrolment of_zonnkar'- Art. 193-198 Section III - Inscription of shareholders - Art. 199-201 Section IV - Inscription of pensioners and participants - Art. 202-207 Chapter II - Registers Section I - Register No. 1 (Tombo 1) - Art. 208-221 Section II - Register No. 2 (Tombo 2) - Art. 222-229 Section III - Division of property and proportionate division of_Foro'- Art. 230-237 Section IV - Redemption of_foro' - Art. 238-242 Chapter III - Ordinary auctions Section I - Estimates or evaluation of items of revenue and items of expenditure in general - Art. 243-256 Section II - Licitation - Art. 257-272 Section III - Security - Art. 273-287 Section IV - Transfer of contract - Art. 288 Section VII - Lease of paddy fields - Art. 291-307 Chapter IV - Development of agricultural and extraordinary expenses - Art. 308-316 Chapter V - Long term leases - Art. 317-323 Chapter VI - Aforamentos or Emphyteusis Section I - Grant - Art. 324-339 Section II - Objections against applications for the grants - Art. 340 Section III - Reversion of lands granted on emphyteusis - Art. 341-346 Chapter VII - Sale of pledges and of produce of properties - Art. 347-348 Chapter VIII - Permission for filing of suit - Art. 349-353 Chapter IX - Redemption of charges and contributions due to the-comunidadesl - Art. 354-355 Chapter X - Rebate on rent of the fields- Art. 356-367 Chapter XI - Introduction of waters in the fields - Art. 368-370 ChapterXII - Encroachment of lands and remedies for their recovery Section I - Encroachment discovered with or without complaint - Art. 371-384 Section II - Encroachment discovered while making the survey- Art. 385-389 Chapter XIII - Procedure in general - Art. 390-396 Chapter XIV - Appeals or complaints in general - Art. 397-399 Title III - Shares of -comunidadesl Chapter I - Issue of shares certificate - Art. 400-409 Chapter II - Transfer of shares - Art. 410-420 Chapter III - Creation of charges - Art. 421-428 Chapter IV - Common provisions dealing with the transfer of shares and creation of charges - Art. 429-435 Chapter V - Reconstruction of share certificates - Art. 436 & 437 ChapterVI - Prescription of shares in favour of -comunidadesl - Art. 438 &439 Title IV - Book-keeping and accounts Chapter I - Book-keeping and accounting of the administration of comunidades - Art. 440-444 Chapter II - Book-keeping and accounting of the comunidades Section I - General Provisions - Art. 445-461 Section II - Minute-book - Art. 462 Section III - Cash-Book - Art. 463-469 Section IV - Income and expenditure book - Art. 470-479 Section V - Books of current account - Art. 480-515 Section VI - Book of transfer of credits - Art. 516-525 Section VII - Book of charges - Art. 526-531 Section VIII - Contract book - Art. 532-537 Section IX - Sundry declarations and reports book - Art. 538-540 Section X - Book of record of orders from higher authorities- Art. 541 & 542 Section XI - Book of record of encroachments - Art. 543 Section XII - Book of the registration of claims in the matter of survey- Art. 544 Section XIII - Book of primary enrolment of zonnkars' - Art. 545 Section XIV - Book of primary enrolment of the shareholders- Art. 546 &547 Section XV - Book of primary enrolment of the pensioners and participants - Art. 548 Section XVI - Register (Tombo 1) - Art. 549 & 550 Section XVII - Register (Tombo 2 ) - Art. 551 & 552 Section XVIII - Book for the general inventory - Art. 553 Section XIX - Book of outgoing correspondence - Art. 554 Title V - Coercive recovery of the debts. Chapter I - General provisions - Art. 555-557 Section V - Books of current account - Art. 480-515 Section VI - Book of transfer of credits - Art. 516-525 Section XVIII - Book for the general inventory - Art. 553 Section XIX - Book of outgoing correspondence - Art. 554 Title V - Coercive recovery of the debts. Chapter I - General provisions - Art. 555-557 Chapter II - Current accounts Section I - Debtors subject to coercive recovery - Art. 558 Section II - Issuance of the certified copies of the current accounts- Art. 559-567 Section III - The effects of issuance of certified copies of the current accounts - Art. 568 Section IV - Opposition of the judgement debtor - Art. 569 - 573 Section V - Production of the evidence and arguments - Art. 574-577 Section VI - The judgement and appeal - Art. 578-583 Section VII - Adjucation by way of embargo - Art. 584 - 589 Chapter III - Attachments - Art. 590-597 Chapter IV - Third party objections - Art. 598 Chapter V - Auctions and awards - Art. 599 - 605 Chapter VI - Creditor's claims - Art. 606-611 Chapter VII - Payment - Art. 612- 624 Chapter VIII - Forgery of documents - Art. 625 & 626 Chapter IX - Costs - Art. 627 - 631 Chapter X - Unrecoverable debts - Art. 632 - 640 Title VI - General and transitory provisions - Art. 641 - 660 Maps, Models and Tables Appendix & concluding note Abreviature: Escudos - $ Amendments carried out in the Code of Comunidades of 1961 post liberation The Code of Comunidade has been amended from time to time .As against each provision of the translated text, note has been made below indicating the amendment to the old article. IndiaCode GENERAL - GOVERNMENT Legislative Enactment No. 2070 I - From a very long time the need was being felt for a publication of new Code of Comunidades. The 1933 Code had undergone profound changes, as a result of the successive and frequent alterations introduced in it. It is true that many of those alterations have been made by amending the articles of the Code it is none the less true that many others have resulted from the framing of rules which renewed, modified or added the provisions of the Code, without making any reference to those articles. This has created chaos in the enforcement of different concepts which govern the comunidades of Goa, spreading varied legislative enactments, based many a times in divergent views. Indeed, the many legislative enactments that have altered the provisions of the Code have adhered to the basic principles, compound in provisions settled in it, for in many cases, the solutions adopted amounted to the application of new and different principles, if not actually contradictory, to those that had guided the framing of the Code of 1933. This situation has given rise, alongside the repealed provisions of the Code, to difficulties in harmonizing many other provisions contained in new enactments. In this way the advantages of having one Code of comunidades have lost to a great extent. Under these circumstances though the time has come for a total revision of the Code, it is felt not advisable to proceed with such a revision, by introducing new changes in the Code that would mean to worsen further to the existing confusion. Instead it was found that it was better to condense the work of revision in a new single publication. But the publication of the new Code of comunidades, besides the purpose referred to, has another aim, namely to move closer to what public awareness demands: constant improvement in the Comunidades institutions. For this purpose it was taken into consideration the experience of many years and the lessons which the said experience, could offer and it was also considered the progress made in doctrine, legislation and jurisprudence with regard to legal concepts similar to those prevailing in the comunidades. It is true that the perfect functioning of these comunidades and of the services, which orient and supervise them does not depend only on the relevant legal structure but also on the ethical standing of the men on whom the comunidades can count. However, there is a lot that the administrative organization can achieve. It is hoped that the changes included here may contribute to this and that the comunidades can justify the reasons of its long and relevant existence. II - Changes in the legislation may or may not have a serious influence on the people, but always leads to a period of uncertainty until the interpretation of the new legislation is well settled. The law should be at the service of the interests of the collectively, among which it is of fundamental importance the peace or tranquillity of existence backed by the norms by which it is governed. These laws should not therefore be modified, except after considering all the circumstances and possibilities and when it may be considered that a greater harm could be done to the society by the injustice or other deficiencies in the law in force, than will result from the upset to the security of relations caused by replacement of the law. If this principle is good in regards to any law, it will all the more be so in the case of a Code, in view of the greater amplitude and stability of its provisions; it attains the highest accuracy as in the case of the Code of Comunidades. The law should not limit itself to satisfy the complaints formulated in practice or to give effect to the state of legal awareness of the collectively, unless it assumes also the role to guide the life of society and to further society's progress. In fact, a general review of the comunidades laws and its compilation in a new Code, did not appear to be free of danger, when the order of the Government-General of 15th May, 1958 (Boletim Oficial, No. 20, 2nd Series, of 15th May, 1958) was published. The revision had to be as far as possible, cautious, by avoiding all the changes which were unnecessary. No where else, such changes would have been so harmful, as in the laws governing our comunidades, in which the extraordinary richness and complexity of relations, the multiplicity of aspects worthy of reconsideration and the difficulties of reconciling the different interests are all of the highest degree. The Code, now published, has not kept distant from such procedure, nor sought to be original, for the sake of originality. It was only altered, in what appears essential, by attempting to do so by furthering positive law without upsetting the life in a reasonable combination of forces - progress which demands full justice and more perfect organization of institutions and a tradition that demand stability and security of norms. III - Without touching the formed charges made, which were numerous and covered almost all the articles of the old Code, we shall give, briefly, a short indication of the modifications of major impact introduced in the new Code. The foro which the comunidades were paying to the National Exchequer have been abolished. By doing so, the historical truth was restored, which was stressed by Cunha Rivara - by acknowledging that the property of the comunidades belong to them, as of their full ownership and that the foro do not correspond to their bifurcation in dominium utile and dominium directum the latter being of the State and the former of the comunidades. The lease of the paddy fields - a matter which was covered by various and scattered legislation - was given special attention in order to have a perfect reconciliations of interests of the tenants and the comunidades and change of the system of sanctions for non-compliance of the terms of agreement by those leaseholders by making it softer to the indispensable extent, the anomaly of imprisonment for failure to pay the rents has also been made softer, but without compromising with the safeguards of the income of comunidades. The improvement of agriculture was one of the concern which was present in mind, while passing the new statute. To this effect steps were taken, which, it is hoped, will produce beneficial result to the agricultural economy of Goa, through the plans of work of permanent character to be prepared annually giving priority to irrigation works in the fields and of reinforcement of embankments and sluice gates. The rebate on the rent of fields of comunidades has been regulated so that the malpractice could be prevented, as far as possible, which was as harmful to the comunidades as it is to all those who take share in their profits, which often constitute the main source of income for their livelihood. If on one hand the grounds for applying for rebate have been restricted, on the other hand, legal provisions have been introduced whereby the grounds invoked are to be proved with greater strictness. The dissolution of property of comunidade has been prohibited on grounds which do not require any explanations. When the Code provides for the reconstitution of the extinct comunidades and the formation of new ones, it would be illogical to allow the dissolution of the comunidades already existing. de The creation of association of tenants shall depend on the proposal of the comunidades or an act of the Government, if the same is found necessary, and the elimination of the posts of the collectors of rents and watchmen was the result of ineffectiveness of functions, as revealed by experience. Finally, regarding some rights and other privileges that the employees of the comunidades were enjoying, these rights have been restricted and new obligations were imposed and great strictness has been applied regarding incompatibility and prohibition to which they are subject. IV - In this way, the reasons in brief are given as to why modifications of some of the main provisions in force have been introduced in this Code. It would be impossible to enumerate and justify in this preamble all of them. The idea behind it, was to contribute for the improvement and amelioration of working of the comunidades and it was inspired by the desire to attend to the most pressing needs. Everything, however, would not come up to the expectation without the dedicated co-operation of many people. It is sincerely hoped that such a co-operation will be forthcoming at all times and lead to valuable and enduring benefits. In the exercise of the powers granted by article 151 of the Constitution, in accordance with the vote of the Legislative Council, the Governor-General of the State of India hereby determines the following: CODE OF COMUNIDADES Title I Constitution of Comunidades Chapter I General Provisions Art. 1-The 1[comunidades] or 2[gauncarias'] (association of gaucares) existing in the District of Goa shall be governed by the provisions of the present 3[Code], and in particular, by the specific statutes governing each of them and in matters where the code is silent, the general law shall apply. § 1. A group of two or more comunidades under one single administrator or the group of several villages forming one single Comunidade is called 4[Torofo] - (group of comunidades) and the provisions by which the comunidades are governed shall be applicable to them. 2. By statute it implies any written instrument or regulation by which a Comunidade § had been governed, and in absence of these, by the practice invariably observed at least for 50 years prior to 1904. d'érabl § 3. The statute of the comunidades of Goa, Salsete, Bardez, Mormugao are, as mentioned in map 8 which forms an integral part of this code and that of to the other comunidades, shall be formulated within a period of six months from the date of publication of this code by the respective administrative boards and submitted for the approval of the Government which also, after the approval, shall form integral part of the same Map. Art. 2 - The comunidade and the group of comunidades - Torofos, existing at present, are indicated in map No. 1. Art. 3 - Each comunidade comprises of:

a) members by birth -5[joneiros] zonnkars ;

b) shareholders;

c) members by birth and shareholders and d) participants. § 1. The shares of the annual income belonging to comunidade members by birth (zonnkars) is called the zonn (profit), and that of the shareholders is called the dividend. § 2. In case of dissolution - of the comunidades by means of distribution of its properties or of its values among members by birth (zonnkars) or shareholders, the holders of these properties substitute in all respect such members by birth (zonnkars) or shareholders subject to all the burden lying over the respective comunidades. Art. 4 - Only the comunidade members by birth - (zonnkars) and shareholders are entitled to the profits or losses of the comunidades and only they have the rights and duties that are guaranteed and imposed by this Code to the members of the comunidade. Sole § For the purpose of this article, the orphan sons of the members by birth (zonnkars) and their widows and unmarried daughters, who are entitled to receive the proceeds of zonn, annuity for service or life-long pension as per the statues of the comunidade, shall be considered as members by birth (zonnkars). Art. 5 - The comunidades shall be under the administrative tutelage of the State, in terms established in this Code, and its immovable properties may be granted on emphyteusis and alienated in the manner provided in this Code. Sole § With effect from the year 1962 the comunidades shall cease to pay the (foro) to the National Treasury. Art. 6 - The canons (foros) payable on emphyteusis, by the comunidades and any other instalments or periodical pensions that they may receive from the emphyteutas, owners, servants or individuals are redeemable, in terms of the general law that regulates the redemption of pension (foro), in all the respects not provided in this Code. Sole § The amount received from the redemption shall be utilized for the purposes prescribed in articles 8, 14 and 64 , No. 4 and for the agricultural development. Art. 7 - The comunidade do not enjoy, in regards to the immovable properties, granted on emphyteusis, the right conferred to the grantors, under article 1662 of the Civil Code and its paragraphs, and the said immovable properties may be alienated and divided, however the comunidades shall have the right to increase the pension (foro) at the time of its division, in terms prescribed in this Code. Art. 8 - The comunidades may request, in terms of law, acquisition of land for public purpose that may be required for irrigation and protection purposes. Art. 9 - The comunidades are not entitled to file any civil suits without permission of the Administrative Tribunal, save in cases where civil suit is merely of preventive relief or of executive nature or the delay in its filing may result in extinction of the right or any guarantee, in which case the sanction of the administrator be enough. Art. 10- The communidades will be represented in Civil Courts or any other tribunal, Government office, by its regular attorney on duty, or substitute with full powers or by special attorney. 1. The minutes of the meeting of the election or the order of appointment of the § regular attorney, effective or substitute, shall have the effect as that of a power of attorney, but in the event of choice of the special attorney, the power of attorney shall be recorded in the minutes of meeting, in the respective book, specifying the respective power. 2. The lawyer shall be chosen by the regular or special attorney. § 3. For the purposes of supervision, the attorney shall communicate to the administrator the choice made. However the administrator may change it by a speaking order and in consultation with the managing committee, when it is found to be against the interests of the respective comunidade, save in case of an appeal or claim against the decision of the comunidade or of the managing committee or of the administrator. Art. 11 - The comunidades shall be served with summon in the person of the respective administrator or one who substitutes him. Art. 12 - For the debts of the comunidades, the attachment may be made on its credits, on the net income, as mentioned in the balance sheet of income or expenditure and on any other profits, but never on immovable properties. 1. The attachment shall always be carried out through the treasurer of the comunidade, § in presence of the respective clerk, who is liable to inform, within 24 hours, the administrator for necessary action; the clerk-in-charge, dealing with the case, shall mention in the declaration of the attachment, the amount under execution proceedings and the accessories. § 2. As long as the attachment subsists, no extraordinary expenditure shall be voted or approved, except in cases provided in the article 64, No. 3, or when the debt under execution proceedings is guaranteed by the balance in the safe. Art. 13 - The proceeds of income (zonn), of the members of the comunidades and the rights to the future profits can be seized or attached for the debts of the same member to the respective comunidades or to their subrogatories. § 1. Barring this case, only the portion of the amount that has matured, from the same proceeds to which the member may be entitled to, at the time of attachment, may be seized. § 2. The clerk of the comunidade, in view of the authentic copy of the declaration of attachment, which shall be given to him by the clerk who carries out the seizure or attachment, shall inform the administrator and shall make the necessary annotations and entries in the competent books and shall not effect payment of proceeds from the properties seized or attached. Art. 14 - As soon as there is sufficient fund in the safe, the comunidades can redeem the charges in favour of individual or collective persons, by paying the amount of twenty annual instalments, save the religious charges, which cannot be redeemed. Art. 15 - The comunidades that have liabilities to clear or charges which may desire to redeem, in terms of preceding article, shall be bound to set apart, an amount not less than one tenth of its net incomes, in their annual income and expenditure sheet for payment of loans or remission charges. It shall be duty of the administrator to carefully verify the compliance of this disposition, failing which he shall be liable to civil and disciplinary proceedings. § 1. Amount less than required for the purpose mentioned in this article can be kept separately, when the obligations does not exceed one-tenth of the net income. 2. For the purpose of this article it is necessary that the debts are supported by a legal § and valid document. Art. 16 - All the services that are rendered hereditarily by certain families and paid by usufruct of some specific properties, stand abolished. Art. 17 - The properties, at present enjoyed by way of usufruct, referred to in preceding article, shall continue to belong to its possessors and the services rendered by them shall be valued and the same shall be converted, as per the assessment, in a pension (foro) in favour of the comunidade, which pension shall be remain as a charge on the said land. Sole § The valuation shall be done in accordance with the respective terms of the Code of Civil Procedure (Codigo de Processo Civil) in presence of the administrator. The latter's decision is subject to appeal to the Administrative Tribunal. Art. 18 - The comunidades can create medical posts, in consultation with the Directorate of Health Services, and the selection procedure to fill up those posts shall be conducted in the Directorate of Civil Administration, in terms of general law in force. § 1. The medical posts, referred to in the present article, shall be filled on contract basis, in accordance with the articles 45 to 47 of the Overseas Civil Services Statutes - (Estatuto do Funcionalismo Ultramarino). However the same shall depend on the favorable vote of the concerned comunidades, in respect of the concession of privileges that imply financial burden to them. § 2. The provision in the preceding paragraph shall be applicable to the medical posts existing as on the date of publication of this Code. Art. 19 - All the fines laid down in this Code and those that may be fixed in the clauses of contracts or of the auction, shall be recovered in terms of title V, when they are not paid voluntarily, and the same shall be reverted in favour of the Pensioners Bank - (Caixa de Aposentações). Sole § No fine shall be imposed nor any necessary charge made, without the prior hearing of the interested party, who shall be notified, about the same, within the period of five days of the respective decision. The defaulter being free to pay the same voluntarily within same period, from the date of the notification or he may file an appeal to the higher instance, within the time limit prescribed by law. CHAPTER II Comunidades SECTION I Members of the Comunidades Art. 20 - Following are the members of the comunidades in terms of article 3.

(1) Those who are entitled to receive zonn, either per head or per lineage - (per capita or per stirpes) - and their male descendents by male lineage, legitimate, legitimized, acknowledged as legitimate and adopted, whatever may be their number;

(2) Those who possess comunidade shares certificates annotated and registered in their own name;

(3) Those who have a share in the net income of the comunidade, whichever may be the nature and denomination of such participations, provided they obtain their registration in their favor in the respective books of the comunidade, by way of an application addressed to the administrator, supported by the document of transmission. Art. 21 - The right to zonn, of the members to which the clause No.1 of the preceding article refers, is personal, inalienable and imprescriptible and it shall only commence from the date of the primary enrolment, save in case when the registration is effected through an appeal, in which case, the right shall be effective from the retrospective date of refusal by the clerk of comunidade. § 1. For receiving the proceeds of zonn, it is necessary, besides the primary enrolment, the annual enrolment of members by birth - zonnkars. § 2. The right to the proceeds of zonn, stands suspended or lost in the case mentioned in clause (b) of article 379 and stands extinguished on the death of the zonnkar but only after the expiry of the year for which he has been registered. § 3. The proceeds of zonns, the allowances or periodical pensions, prior to the last ten years, stand prescribed in favour of the comunidade, from the 1st March immediately following the period fixed for its payment. Art. 22 - The rights laid down in the clause No. 2 of article 20 shall commence from the date of the primary enrolment of the respective shares, and those laid down in No. 3 of the same article from the primary enrolment of the respective participants. § 1. For receiving the dividends of the shares and in order to exercise the rights of the member, it is necessary that registration must be in the administration office and the primary enrolment in the respective comunidade. § 2. The provisional registration of shares certificates does not confer upon the shareholder the membership right, but only the right of alienation of shares certificates, in the status in which he possesses them; however, the provisional primary enrolment, confers the rights referred to in the preceding paragraph, and these rights are liable for extinction. § 3. The provision of the first part of paragraph 2 and in the paragraph 3 of the preceding article shall be applicable to the dividends from the shares and to the shares of the participants. § 4. When there is impossibility or difficulty for the appearance of the absentee members to collect the proceeds of zonns, dividends of shares certificates, share of participants, allowances and pensions, the [Governor-General Government] may authorize the payment to be effected in favour of the one who produces a declaration issued by the concerned party, with the signature duly recognized by the clerk of the comunidade, and with the undertaking to refund, in case of any complaint being received. § 5. In cases of constitution of fideicomissum or reservation of usufruct7, the registration (averbamento) shall be made in the name fideicomissionare or of the owner and the registration in the name of fiduciary or of usufructuary. Art. 23 - It is not lawful to make transfer of proceeds of zonn to be accrued in future. Art. 24 - The shares certificates of the comunidades are transmissible and alienable in terms prescribed in this Code. Art. 25 - The proceeds of zonns, and interests of any nature of a deceased member and the dividends of the shares registered and inscribed in the name of the deceased member of an inheritance can be received by the head of family, upon production of an order issued by the administrator, based on the certified copy of a pending inventory. § 1. When the proceeds of zonn, amount of interests, or dividends do not exceed 7[Rs.500/-], the interested parties in the inheritance can receive the same, by producing a certificate, issued by the clerk of the comunidade, to the effect that he had issued notices of claim, within a time limit of 30 days, at the door of a temple of any religion existing in the village, at the door of meeting hall of the comunidades and at that of the respective office of the administrator and published in the Official Gazette, being one of the copy presented to the managing committee, when in meeting, and passed without objection from any of the members, in the respective meeting. Where the amount to be received does not exceed 8[Rs.50], the publication in the Official Gazette is dispensed with. 9[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 purposes of provision in this article, shall be valid for the subsequent years and shall subsist until the inheritance, in the inventory proceedings, has been finally partitioned. § 3. If the objections are disputed or when there is litigation pending about the legitimacy of heirs, the proceeds, the interests and the dividends shall be retained on deposit in the safe of the comunidade and the objection shall be attached to the file of proceedings. In this case, the prescription provided in paragraph 3 of articles 21and 22 of this Code shall not be applicable. 4. The provision of this article and its paragraphs shall be applicable to the pensions § dealt with in the article 202. Art. 26 - The following are the powers of the members of the comunidade:

(1) To intervene, discuss and vote in the meetings of the comunidade, and record any protests in the minutes of the meeting;

(2) To be elected or appointed for the posts of the comunidade;

(3) To make up for the deficit;

(4) To request the president of the managing committee to convene a meeting of the comunidade by a petition duly supported, mentioning clearly the reasons for it and signed by more than five components, or by three in the comunidades where the number of members is less than fifty. The petition may be made on ordinary paper;

(5) To call for, by a letter addressed to the president, an extraordinary meeting the managing committee, by indicating the matter to be discussed. In case the president does not convene the meeting, they can appeal also by a letter addressed to the administrator, who shall decide as deems proper;

(6) To consult, orally or in writing, the managing committee, in session, about any matters that they feel to be of the interest of the comunidades, and to submit proposals, which shall be recorded in the minutes of the meeting;

(7) To examine the income and expenditure sheets, the calculations for the auctions and its conditions, the final accounts, the record books and the account books of the comunidade and the extraordinary budget heads, at periods and the forms stipulated in this Code;

(8) To appeal against the resolutions of the comunidade and of the managing committee and the orders or decisions of the administrator and of the authorities and higher courts and, in general, to submit complaints on the matters which are of the interest of the comunidade;

(9) To report the defalcation of funds of the _comunidade', the encroachment of its lands and other unlawful acts, as well as any misconduct or error of the employees and agents of the comunidades. 10 [Art. 27 The powers referred to in clauses 1 and 4 to 9 of the preceding article may be exercised through the attorney, legally constituted. However, for the purpose of paragraph 1of article 48 specific powers are required to be given. § 1.It is also permissible for each specific case to use, by way of declaration in writing, in a paper of any quality and format, with the signature attested by the notary or by the clerk of the respective comunidade, for the acts referred to in the body of this article. § 2. When a member does not know to sign, his declaration shall be made by the notary, drawn in the presence of two witnesses] Art. 28 The following persons are not permitted to participate in the deliberations of the comunidade:

(1) The non-emancipated minors and the interdicts, 11[however may be allowed through their legal guardians;} (2) The debtors to the comunidade or the subrogatories13 of the latter, held as such, on whom notice for payment of debt on current account has been served;

(3) Those who may have filed suits or have disputes with the comunidade, in the matter relating or connected with the same suits or disputes;

(4) Those who have been barred from voting by a judgment that has become definite in cases provided for in this Code;

(5) Those who are directly interested in the subject matter of the deliberation, or when any of their ascendant or descendant, spouse or relative, in the transversal line up to the 2nd grade, is interested in it.

(6) The foreigners. § 1. 121. For the purposes of No. 1, the clerk of the comunidade shall make a note on the margin - of the respective registration or inscription, mentioning the name of the legal representative of the minor or incapable person. This note may be made on verbal request of the interested party on presentation of a document proving the said representation, which may be cancelled based on the respective document submitted. And in either cases, the documents which have been presented shall be filed.] § 2. The provision of the No. 6 is not applicable in case of the descendents of the Portuguese subjects. Art. 29 - The following cannot be either voted for or appointed for the posts in the comunidade:

(1) The shareholders, whose income in the comunidade, when the same is composed also of members by birth (zonnkars), is not, at least, equivalent to the minimum quota belonging to any of the zonnkars and, in the comunidades, exclusively comprised of shareholders, when the number of shares is greater than 500, those who do not possess, at least, five shares;

(2) The non-emancipated minors and the interdicted;

(3) Those who are indicted on the final judgment that has become definitive and those who have been sentenced for the crimes referred to in paragraph 4 of article 12, of Overseas Civil Services Statute (Estatuto do Funcionalismo Ultramarino);

(4) The debtors to the comunidade or to subrogees, of the later, held as such, against whom a suit or execution is pending or even against whom a note of payment of debt in current account has been served;

(5) The employees of the cadre of the civil administration, the members and employees of the Administrative Tribunal and the subordinate officials to the administrator;

(6) The relatives of the administrator up to the 3rd degree;

(7) The members of comunidade of either sex who may not know to read or write -16- ---- and count in Portuguese;

(8) The foreigners. § 1. The condition referred to in No.7 may be waived in the talukas of Ponda, Bicholim, Quepem, Pernem, Sanguem and Canacona, where voting or appointment shall be made of persons who have knowledge of Marathi, excepting, in regard to the post of president of managing committee, whose incumbent should have at least passed 4th standard of primary education in Portuguese language. § 2. The relaxation referred to in paragraph 2 of preceding article is applicable to the clause 8 of this article. SECTION II Powers of the comunidades Art. 30 - The comunidade shall:

(1) Elect every three years the ordinary attorneys and its substitute, in the form provided in this Code;

(2) Appoint a special attorneys, when necessary, or have their services dispensed with according to circumstances and the interests of the comunidade;

(3) Opine on the statement of income and expenditure, the estimates for the ordinary and extraordinary auctions and their conditions, and on the finalisation of the accounts and the extraordinary budgets;

(4) To deliberate on: a. The works and the extraordinary expenses to be incurred; b. The loans to be borrowed; c. Creation or abolition of medical posts, extension of the period of its duration and maintenance of the same, as well as the creation or abolition of any services or charges of permanent nature; d. Introduction of the non-saline and saline water in the khasanas -_ casanas; e. Acquisition of lands; f. Emphyteusis, sale or exchange of land; g. Institution, admissions, withdrawal and compromise of civil suit;1}[ Institution of civil suit or other legal proceedings;] 14[(gg) admissions, withdrawal or compromise of any civil suit or other legal proceedings;] 15[(ggg) granting no objection certificate for access to any plot of land or license to use any land belonging to the Comunidade for any commercial event.]. h. Extension of time granted for utilization of land granted on emphyteusis; i. About the grant of rebate (quita) to the leaseholders; j. And in general, about all the extraordinary acts not provided for in the statement of income and expenditure or in the provisions of this code, as well as relating to any matters about which the opinion is called for.

(5) To appoint and dismiss peons or criers, determining their rights and obligations. Art. 31 - The deliberations referred to in Nos. 1 and 2 of the preceding article are executable immediately; Sole § The deliberations referred to in clauses (a) to (f) and (h) to (j) [gg]to (j) of No. 4 of preceding article shall be devoid of any enforce ability without the approval of the 16[Government]., without prejudice to the consultation with the Directorate of Health Services regarding creation of medical posts. 17[Article 31-A .- (1) Notwithstanding anything contained in this Code, the Goa Town and Country Planning Act, 1974 (Goa Act 21 of 1975), the Goa (Regulation of Land Development and Building Construction) Act, 2008 (Goa Act 6 of 2008), the Goa Land Development and Building Construction Regulations, 2010, the Goa Municipalities Act, 1968 (Goa Act 7 of 1969), the Goa Panchayat Raj Act, 1994 (Goa Act 14 of 1994), the City of Panaji Corporation Act, 2002 (Goa Act 1 of 2003) or any other relevant law for the time being in force, any land belonging to the Comunidade if granted for certain purpose either by way of sale or lease or emphyteusis or leave and license, shall not be used for any other purpose except for the purpose for which the land was so granted.

(2) If any such land granted by the Comunidade for certain purpose/use is put to any use other than for which it was granted, such land shall be reverted back to the concerned Comunidade in the manner hereinafter specified.

(3) The Administrator of Comunidade after ascertaining the position thereof issue a show cause notice, to the grantee/allottee and/or any other person found to be in possession of such land. The Administrator of Comunidade shall after considering the reply filed by the grantee/ allottee and such person to the show cause notice and after hearing oral arguments, if any, pass an order of reversion of such land in favour of the Comunidade with approval of the Government.

(4) The Administrator of Comunidade, during the pendency of the proceedings before it shall pass an order restraining the change of use of such land for any purpose other than the purpose for which the land was so granted. On passing such order by the Administrator of Comunidade, no authority including Town and Country Planning Department, Planning and Development Authority, Municipal Council, Village Panchayat or City of Panaji Corporation shall issue any permission/clearance/approval/No Objection Certificate for such land.]. Art. 32 - The creation of expenditure of permanent nature or of any extraordinary expenditure for the purposes, other than relating to the comunidade, may only be voted by two-thirds of the share capital. 1. When the comunidade, duly convened, for two successive times, does not meet so § as to meet the requirement of two-thirds of its share capital, the expenditure can be voted for the third time, as per ordinary procedure prescribed in this Code, and with consent of the twenty majors shareholders of the comunidade, when such members exist. § 2. The members of the comunidades, who contribute for the construction, reconstruction or repair of the cemeteries shall pay, not more than two-thirds of the ordinary burial charges. SECTION III Meetings of the comunidades Art. 33 - The comunidade shall have four ordinary meetings per year, and extraordinary meetings, as and when necessary. § 1. The ordinary meetings shall be held in the first fortnights of March, April, May and December; each of them shall be preceded by an announcement by beat of drums, through different wards of the village, and by notices affixed on the doors of the meetings hall and of the temples of any religion existing in the village. § 2. The extraordinary meetings shall be convened by order of the president of the managing committee, with beat of drums and announcements in the same form as per the preceding paragraph, by making known in these notices, express and clearly the matter or matters to be dealt with. 3. Whenever the subject referred to is the one of clauses of No. 4 of article 30 and § article 77, the notice of meeting shall be published in the Official Gazette and, at least, in one newspaper, if any, existing in the respective taluka, no less than fifteen days in advance, in addition to the announcement by way of beating of drums and public notices, as prescribed in the preceding paragraph, though the subject ought to have been to be discussed and voted in an ordinary meeting. § 4. All the meetings of the comunidade shall be held in the respective villages, in the building designated for this purpose, the same however may be held in the headquarters of the administration office or in any other place, when the Governor-General, for special reasons, so determine. § 5. In the extraordinary meetings, only the subject or matters that may have been expressly announced, may be dealt with. § 6. The deliberations taken in contravention of the preceding paragraphs are null and void. Art. 34 - The comunidade may deliberate when 25 of its members, with the right to vote, are present personally 8[or by their proxy] in the comunidades having more than 100 members; 15, in which there are more than 50 and less than 100; 9, those having more than 25 and less than 50; and 5 having less than 25. 1. However, the comunidade may be considered as constituted and may deliberate § with the number of members less than indicated in this article, when the members present are more than one-third of its share capital. § 2. Save in the cases referred to in paragraph 1 of article 32, the president of the managing committee shall not consider the comunidade as duly constituted, if there may not be represented in it, at least two-thirds of its share capital, in cases provided in this Code. In this case of irregular meeting, those present shall be responsible for the loss and damage that the comunidade may suffer and the deliberation or deliberations taken shall be null and void. Art. 35 - The deliberations of the comunidade are to be taken by absolute majority of the votes by the members present, personally 19[or by their proxy, or even by the declaration of vote.} . Sole § In cases where the voting is done by representation of the share capital, the deliberations shall be taken by absolute majority of such representation. Art. 36 - In cases foreseen in clauses (a), (b), (c), (g), (i) and in the first part of clause (j) of clause 4 of article 30 and, in general in all the matters that may relate to extraordinary incomes and expenditures and to the sale or exchange of the land of the comunidade, the voting on the respective deliberations shall be done by the system of the representation of share capital. Art. 37 - The sessions of the comunidade are public and are chaired by the president of the managing committee or his substitute and, in the impediment of both, by the eldest member, the minutes being drawn by the respective clerk. § 1. When more than one comunidade or of its respective managing committee meet, in a joint session, to deal with the matters of common interests, the president of managing committee, designated by the administrator, shall preside, and in this case, the clerk of the same comunidade shall act as the clerk who shall write the minutes in the book in his charge and immediately forward one copy of it to the clerks of other comunidades taking part in the meeting, to be written in the respective minutes book. 2. In order to have a combined meeting held or to take deliberation, it is necessary that § there must be present, as many members as would have been required for each of the individual comunidade to hold separately a meeting. And in this case, the disposition of previous articles, relating to the convocation of the meeting and voting, is to be made applicable. Art. 38 - When the comunidade duly convened does not meet, or when no majority could be achieved on any subject submitted to its deliberation, the respective powers for its approval, shall be passed to the managing committee, with the exception to the event referred to in the article 32, in which there is no room for any relaxations. SECTION IV Managing Committee Art. 39 - The affairs of each comunidade shall be managed by an managing committee [chosen every three years elected every three years] in the manner prescribed in this Code 20[prescribed in this Code and rules framed thereunder]. Art. 40 - The managing committee is comprised of three members: president and two members, one of whom shall be the attorney and the other the treasurer. 21 [Art. 41 .- The board shall be elected by the Comunidade from amongst the able components, including share holders, preferably those residing in the village. When the Comunidade is not constituted for election of any of the members of the board, the same shall be appointed by the Government from amongst the able components, including share holders, preferably those residing in the village.] 22 [Art. 41-A- In case,- (a) any component has filed or files a legal proceeding to claim any right in land of, or ownership of which is claimed by, the Comunidade; or (b) a Comunidade has filed a legal proceeding against any component for encroachment done, or illegal construction carried out, by him on the land of Comunidade or for right of title to land claimed by the Comunidade and such component has been declared by an order of any legal forum to have encroached upon land of a Comunidade or carried out any illegal construction on Comunidade land,- (i) a component referred at (a) above shall not be eligible to contest election to any post in the managing committee of such Comunidade and in case he is holding any post in the managing committee, he shall cease to be member and from the date of filing of such legal proceeding he shall be deemed to have vacated his office.

(ii) a component referred at (b) above shall be permanently barred from contesting election to, or holding, any post in the managing committee of any Comunidade. If such component is holding any post in the managing committee, from the date of such order he shall, cease to be a member and, deemed to have vacated his office. Any stay order or interim relief in pending appeal or revision or writ petition, in respect of the issue of ownership of land or encroachment or illegal construction, as the case may be, as referred above that may be obtained by the component, shall not entitle him to contest the election to the managing committee of any Comunidade.]. Art 42- For the purpose of constituting the managing committee, two lists shall be prepared every three years, by 31st August, by the clerk and the attorney of the comunidade, based on the accounts of the last three years and of the registers of members by birth - (zonnkars) and shareholders, in accordance with the terms of this Code. 23[One of the two lists shall be of all the qualified members and the other of twenty major shareholders who are qualified members. A list of all the able components.] § 1. 24[Each of the list The list] shall contain: a. The serial number; b. Name of the member; C. His status as shareholder or members by birth - (zonnkar); d. Residence; e. Age, when available; f. Family relationship, if any, up to the 3rd degree which exists among different members; g. Number of shares held, in case of shareholder or the social interest that each member by birth - zonnkar has in relation to the share; h. Educational qualifications of the member. § 2. When, for the preparation of the list of twenty major shareholders, there are two or more members with the same social interest and all of them cannot be included in the same list, then the member who is senior in age shall be included, till the number make up the total of twenty. § 3. The documents submitted by the parties for the purposes of clause (h) shall be returned to them, once the list referred to in the preceding paragraph has been approved. Art. 43 - After the lists have been publicly displayed for a period of eight days, from the 2nd September and the copies of the same affixed on the door of the committee meeting's hall and any of the temples of any religion, existing in the village, an appeal may be filed to the administrator, on a plain paper, within the same period. Art. 44 - The administrator shall give his decision, within the fixed period of five days, without fail, and the said decision shall be made public in the entry book of the administration office, against which an appeal may be filed, also on plain paper, to the Administrative Tribunal, within the period of eight days. This appeal shall also be decided within eight days. 1. The appeal is exempted from the payment of cost and stamp fees. 2. Once the decision is given, the secretary of the Administrative Tribunal shall immediately send a copy of the judgement to the respective administrator of comunidade, for compliance. Art. 45 - The clerk of the comunidade, after making the rectification, as required by the higher authorities, shall affix again, in the presence of two witnesses, the rectified lists, by the 15th November, after being countersigned by the president of the committee, who shall verify, under his responsibility, if the said decision has been duly complied with. Sole § Two copies of the finalized list of members shall be forwarded by the clerk to the administration office by the 20th November. Art. 46 - The clerk who fails to affix the lists or to forward them to the administrative office, within the prescribed time limit, shall be penalized by the administrator with the fine of 120 $ to 300 $. Art. 47 - The elections of the members of the managing committee shall be held 25[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 purposes of the provisions of this article, the comunidade 26[ *** ] shall be convened by the administrator, by notices published in the Official Gazette and public notices affixed on the door of the hall of the committee meeting and of the temples of any religion existing in the village, in not less than twenty days in advance. § 2. The fixation of the days of elections, referred to in the present article and the preceding paragraph shall be set by a single notice for all the comunidades of the taluka. § 3. The possibility of holding elections on the same day for two neighbouring comunidades should be avoided. Art. 48 - The election committee 2 [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]. one1n. ame forAll the elections shall be held by open ballot and each list should have the effective member and another one for his substitute. The voting shall be conducted by the listing of the electors present personally. 2. The election proceedings shall be presided over and conducted by the officer to be appointed by the District Collector, for the purpose; 3. 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 recording the announcement of the results. The minutes shall be countersigned by the Officer appointed by the District Collector. Art. 49 - In the case of any irregularity in the election, any member of the comunidade, with voting right, may appeal to the Administrative Tribunal, within five days and the proceedings of the appeal shall be drawn up on plain paper. Sole § The Administrative Tribunal shall decide the appeal, within eight days and, if the election is annulled, the comunidade members, shall be convened again, following the formalities prescribed in the article 47, in order to hold a fresh election in accordance with the decision of the Tribunal.

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 Government, taken on or after 30-11-2000 shall be deemed to have been taken in accordance with the above proviso. Art. 50 - 31Person who has served as a member of the managing committee after or one term may contest election for immediate next term of three years. An outgoing member of the managing committee of the comunidade shall be eligible for re-election. Art. 51 - In the comunidades where it is not possible to select three qualified members, the managing committee shall be appointed by the Governor-General, based on the proposal of the administrator and in the manner he considers most convenient. Art. 52 - The managing committee shall assume office within the first three days of the month of March of the first year of their management and the president shall inform the Administrator about the installation and in case, when there had been any misappropriation of funds in the accounts, whether the same has been repaid. Sole § The members of the managing committee, appointed or elected, shall continue until they are legally substituted. Art. 53 - The managing committee may deliberate, when in addition to the president or his substitute, one of its members, with right to vote, is present. In event of a tie the president shall have the casting vote. § 1. In case of a simultaneous impediment of the president and his substitute, the oldest effective member shall preside. § 2. The relatives up to the 3rd degree under civil law, are barred from acting as committee members. Art. 54 - The clerk of comunidade is an ex officio member of the managing committee, but he can give only advisory opinion which can be recorded in the minutes of the proceedings. Art. 55 - The managing committee shall hold twelve ordinary meetings in a year, - the first shall be in the first three days of March and the others on the first Sundays of the months of April to February. § 1. The first meeting of the year is meant for dealing expeditiously with the affairs of the month and for the scrutiny of the accounts of the management of the previous year, giving its opinion on the same, checking the balance in the safe and handing it over to the new committee. 2. When so requested by the respective committee, in special cases, or when the clerk § of the comunidade is common to more than one comunidade, the administrator may designate any other day for the ordinary meetings. In this case the clerk of the comunidades shall publish this change in the Official Gazette or in any other periodical of the taluka, if any, and by way of notices affixed, at least ten days in advance, in places indicated in article 43. § 3. The meetings shall be open to public, and held in the building meant for that purpose, unless the committee may have to conduct any inspection in the properties of the comunidades and shall start at 9.30 hours, except when other time may have been fixed by the administrator, for reasons mentioned in the preceding paragraph. In that case the comunidades clerk shall make public the time fixed, by means of notices published in any newspaper of the taluka and affixed in places indicated in article 43, with an anticipation of ten days. Art. 56 - The president of the committee corresponds officially with authorities and government departments of the taluka. Art. 57- In the comunidades, where the revenue obtained from the average of last three trienniums is 2º[inferior to Rupees 5000/-, 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 being not more than thirty paid meetings per year, unless in cases of triennial auctions, when the allowances may be increased to the total of forty-two meetings. § 1. The president of the committee or whoever substitutes him, and the attorney and his substitute shall also be entitled to the allowance due to them when they take part in the meetings of the comunidade. There shall be not more than ten paid meetings a year. They shall not be entitled to this allowance when the meetings of the comunidade and of the committee are held on the same day. 2. When the number of comunidade meetings or of the managing committee, exceeds the fixed number, the value of the allowance corresponding to this total number shall be divided by the number of meetings held. § 3. The allowance shall not be paid, just because the non-holding of meetings of the comunidades and of the committee have been recorded in the respective reports of the meetings of the comunidade. § 4. In the cases, due to the fault of the clerk of comunidades, the minutes of the meeting has not been written, the committee members shall be entitled to the remuneration which shall be paid by the clerk, by order of the administrator. Art. 58 - The president and the members of the committee shall be entitled to the travel allowance, regulated in accordance with the provisions laid down in the annexed table, this right being restricted to the number of meetings fixed in the body of the preceding article. § 1. The travel allowance for the president and the attorney shall not be paid in double when the meetings of the committee and of the comunidades take place on the same day and in the same village. § 2. The travel allowance shall be paid from the usual residence of the managing committee. Art. 59 - When the meetings are held on the application of the parties, the allowances and transportation of the members of the committee shall be borne by them. Sole § The requesting party shall deposit, in advance, the required sum in the hands of the clerk of the comunidade who shall issue a receipt to the interested party. Art. 60 - No remuneration or travel allowance shall be paid by the comunidade without order from the administrator. Art. 61 - In comunidade where there is a deficit, neither remuneration nor travel allowance shall be paid. Art. 62 - The member of the committee who, for a just cause, is unable to attend a meeting, should intimate the clerk of this fact so that his substitute could be summoned by giving him directly the required notice. Art. 63 - The members of the committee who are unable to attend, on valid reason, the meeting or for any act where their presence is mandatory, should intimate the clerk so that their substitute should be summoned or given the required notice, shall pay each time, the fine of 60$, which shall be imposed by the administrator, after the hearing of the absentee, to whom the clerk shall mandatory furnish information of such absences, failing which the clerk shall be liable to the same penalty. Art. 64 - The managing committee shall have the powers to: 1. Lease out property and hold any auction of the properties of the comunidade; 2. Certify the fitness from the bidders of the lands, services and works, as well as all other sureties of others, its committee members being answerable severally in case of insolvency; 3. Take steps in cases of breach of the bunds of casanas33, flooding of fields, loss of stored water due to the breach of bunds and of the dike of ponds, risk of collapse of the comunidades building and other similar cases, arrange immediately for urgent repairs and those which are, at that particular time, indispensable, conducting an inspection and assessment of losses suffered, with the help of an expert, if possible. Carry out auction, immediately thereafter, preceded by cries in the village, by giving in writing to the crier the required information and keeping immediately the administrator informed of the facts and measures taken by the managing committee. In the absence of bidders, the managing committee shall execute the work by direct administration (on daily wages basis or job contract) provided that in no case the expenditure exceeds the amount of the estimate, in which case it will be the responsibility of the administration of the comunidades to proceed with inspection within the period of five days of completion of work for the purposes of their taking over. 4. Invest, with the sanction of the administrator, the capital of the comunidade, not reserved for dividends. a. In the purchase of shares of the very same comunidade, however the same purchase is prohibited in comunidades which do not have members by birth - zonnkars. b. In the loan bearing interest not less than 4% on pawning shares of the comunidades, however when the borrower is the member of the comunidade the interest shall be 3%; c. 30fTo make deposit in the Overseas National Bank, (Banco Nacional Ultramarino), in the Bank known as "Caixa Economica de Goa" or in any other banking institution, recognized by the Government, when the interest recovered by the latter is equal to the one fixed by said the Bank "Caixa Economica de Goa"} To make deposits in such manner as the Government may prescribe.] de 5. Lend at the rate of 4 per cent interest, when there is money available in the safe, against pledge of gold and silver or shares of the comunidades, to the tenants of the paddy fields of the comunidade, an amount not exceeding the rent and other contributions of the tenanted field and never for the period beyond six months; 6. Lend in the same way an amount not exceeding 6000$ when there is money available, to any other comunidade of the respective taluka, duly sanctioned by the respective administrator, at the same rate of interest and for a period not more than one year. Higher amount and for the period more than one year, can also be lent, but with the approval of the Governor-General. The loans shall be given by recording the same in the book of sundry declarations and reports and the acquiring comunidades shall be represented by competent attorney with special powers, to that effect conferred by the board with the observance of all legal formalities; 7. Take over the works of the embankments, its paving, closure of breaches and other similar works which form part of the ordinary plan of the comunidades, informing the administrator of the results, within forty-eight hours and affixing copies of the same on the door of the meeting place. The bidders, however can request the intervention of an expert of their choice, but in this case there will be three experts, being the other two appointed, one by the attorney of the comunidade and the other by the administrator. The expenditure shall be borne by the respective bidder; 8. Take over all the urgent and extraordinary works value of which does not exceed 1500$, in the manner indicated in the preceding number, except for the provisions in the second part of clause No. 3; 9. Deliberate on :

a) Formation of the core group of agricultural labourers, by granting lands and other advantages, and on financial aid to the of People's House (Casas do Povo);

b) Setting up reserve funds and using these and other capital in the works to improve and encourage agriculture, acquisition of improved machines and latest tools, institution and improvement of agriculture related industries connected with agriculture, in the creation of agricultural and livestock insurance schemes, establishment of welfare institutions and social help to its comunidade members and to the agricultural population of the respective village. The deliberations of the managing committee, in the matters referred to in the items of this clause, shall be implemented only after they are approved by members representing at least, one-third of the share capital, and sanctioned by the Governor-General, after consulting the Government Council; 10. Authorize the payment to the contractors of the ordinary services after taking delivery referred to in the preceding clause, and the payment shall not be made before fifteen days from the date of taking over. In case of complaint against the execution of these services, the administrator shall immediately order the suspension of the payment and shall directly and obligatorily inspect the work. The expenses of this inspection shall be borne by the complainant, when it is proved that the complaint was baseless, to which the respective administration office shall obtain an adequate declaration of responsibility from the complainant; 11. Perform all the necessary steps required for the administrative and financial management of the comunidade. Art. 65 - The expenses incurred or already paid, to meet the cases foreseen in clause 3 of preceding article, require the approval of the Governor-General, 31[ *** ] when such an expenditure exceeds the amount of 3000$ for each work and the sanction of the administrator, when it is of lesser amount. § 1. For this purpose, the clerk shall send the statement of expenditure incurred, duly countersigned by the president of the committee, with the opinion of the twenty major shareholders of the comunidade, if necessary, to the administrator, who shall send the same, with his own remarks to the Directorate of Civil Administration, or else shall approve himself the same, if it is within his competence, in terms of the body of the article. § 2. When the amount of the expenses exceed 3000$, or when the administrator thinks it necessary, he shall proceed to inspect the works, along with the technical expert of the comunidade, before the report is prepared or sanction is accorded or whilst the works are in progress. § 3. The Governor-General shall make the committee responsible, after giving prior hearing to it, for any excess committed in the exercise of its powers provided for it in clause 3 of the preceding article. Art. 66 - The committee shall express its opinion in all the deliberations that the comunidade adopts on the matters of its competence. Art. 67 - The members of the committee and its substitutes are expressly prohibited to bid or to stand surety in auctions, directly or through dummy party. Sole § By dummy party means: the spouse of the interdict person, the individual who may be presumed hair, the nearest relative with whom he may live in common domestic economy and any third person who, in collusion with the interdict member, bids or subsequently transfer to him the thing auctioned. Art. 68 - The members of the committee who violate the provisions of the preceding article shall be liable to pay a fine from 300 $ to 3000 $, which shall be imposed by the administrator, following an enquiry and cannot be reappointed to the post or be re-elected during the period of three to nine years, as set also by the administrator, depending on the seriousness of the case. Art. 69 - The members of the managing committee, appointed or elected, cannot decline the post, except if they have obtained the exemption from the Governor-General and are liable for payment of a fine of 300$, imposed by the administrator, in case they fail to obtain the said exemption and cannot be appointed or re-elected during the period of nine years. § 1. When any of the elected members do not take charge of the office, with or without obtaining the respective exemption, the Governor-General shall appoint one who will substitute him till the end of the triennium. § 2. The following shall be grounds for the grant of exemption :- 1. Age more than 67 years; 2. Suffering from diseases that prevents him from discharging the respective functions; 3. Residing beyond 5 kms. from the head office of the comunidades; 4. Holding a public office; 5. Any other ground that the Governor-General deems fit; Art. 70 - When the committee fails to meet for two consecutive times, on the days fixed for the meetings, it is the duty of the administrator by his order, to adopt the resolution that would have been taken and may propose the dissolution of the elected part of the same committee, in case he deems fit. § 1. The elected part of the committee may only be dissolved by the Governor-General after conducting an inquiry in which it is proved that its performance was against the interests of the comunidades. In this inquiry the defendants must be given a hearing. § 2. In the cases of dissolution, referred to in this article and preceding paragraph the Governor-General shall appoint, till the end of the triennium, persons who shall substitute the members affected by the dissolution. § 3. The members of the managing committee affected by the dissolution shall not be re-elected before completing nine years from the dissolution and shall pay the fine of 300$. Art. 71 - The president has the right to appeal to the administrator against the deliberations of the managing committee which are enforceable without sanction of the higher authority and the administrator may order the immediate suspension of execution of the deliberations and take steps that think fit, to avoid any loss to the comunidade, by deciding the matter of the appeal within forty-eight hours. Art. 72 - The president is specially empowered to: 1. Conduct the works of the meetings of the managing committee and of the comunidade; 2. Maintain order in the meetings hall, ordering the expulsion of any persons who disturb the same; 3. Bring to the notice of the administrator of any irregularities which he notices in the comunidades services; 4. Order the seizure of produce taken away by the leaseholders of the fields without prior payment of the rent; 5. Request the assistance of the authorities and the public force whenever necessary for protection of the rights of the comunidade and maintenance of order in the comunidades and committee meetings; 6. Exercise other rights and fulfill all the obligations imposed on him by this Code; 7. Submit to the administrator, every year, till 31St January, a report of all important facts occurred during the preceding year; 8. Inspect the services of the office of the clerk of the comunidade and the compliance by the said clerk of his duties and obligations informing immediately the administrator of any irregularities observed; § 1. For failure to comply with the provisions prescribed in clauses 7 and 8, the president shall be liable to pay a fine of 300$ to 600$, imposed by the respective administrator. § 2. Against the acts exercised by the president of the managing committee an appeal lies to the administrator and against decision of the latter appeals, as provided in this Code, may be filed depending on the nature of the matter. SECTION V Attorneys Art. 73 - In each comunidade there shall be one attorney effective and one substitute attorney, elected for a three years term , in accordance with article 41, or appointed by the Governor-General, as laid down in paragraph 2 of the same article. Art. 74 - The attorney, who has been found to be harmful to the interests of the comunidade, shall be suspended by the administrator and dismissed by the Governor-General, upon the report or proposal of the administrator and hearing of the interested party. Art. 75 - The attorney of the comunidade shall be its representative and its controller who shall have the following powers :- 1. Look after and defend the interests of the comunidade; 2. Represent the comunidade before any courts and offices or public authorities; 3. Bring to the notice of the authorities or the comunidade the irregularities on the part of employees and agents and the encroachment of land. He may even challenge the encroachment in terms of articles 486 and 2354 of the Civil Code; 4. Attend the comunidades meetings and take part in its deliberations and in the works of enrolment and registration of the zonnkars, in the closing of the enrolment of shareholders, in the auctions and charges, in the preparation of the statement of income and expenditure and the list of qualified members and of the estimate, in final accounts of comunidades and in all inspections made by the managing committee or by the administrator of the fields, services and extraordinary works; 5. Supervise the ordinary and extraordinary services and extraordinary works; 6. Submit, within fifteen days, at the administration office or in the registrars offices Conservatorias the conditions of auctions, security and other required documents to effect the registration of the pledge of shares or to register the mortgage, under penalty of being responsible on subsidiary basis, if he fails to do the same; 7. Appeal against all the deliberations and orders which are against the interests of the comunidade and in those cases where the appeal is compulsory; 8. Take all the steps required for a good administrative and financial management of the comunidade. Art. 76 - The clerk shall issue to the attorney, as many copies of the minutes of his election, as asked by him, authenticated with his signature and the embossed seal of the comunidade. Sole § The clerk who refuses to issue to the attorney, within three days, the copies referred to in this article, when its number does not exceed nine, shall be disciplinarily punished. Art. 77 - The comunidade may, at any time, by holding a meeting following the formalities prescribed in this Code, dismiss the elected attorney effective or substitute, when his action is proved to prejudice the interests of the comunidade and elect another one in his place. Art. 78 - The attorney is bound to comply with the provisions of article 379, within fifteen days, from the date of notice, which shall be accompanied by the handing over of the papers or documents which shall serve as basis for the suit and such notice and handing over, should be made by the secretary of the administration office. § 1. Within ten days from the filing of the suit, the attorney shall place before the administrator the certificate of having filed the same, failing which he is liable to pay a fine of 180$, imposed by the same administrator. 2. The administrator who fails to impose the penalty referred to in the last part of § preceding paragraph shall incur the penalty of suspension for fifteen days. Art. 79 - The special attorney authorized to take part in a suit representing the comunidade, shall follow the same till the end, even after expiry of the term for which he was appointed, unless the comunidade expressly withdraws the powers conferred. Sole § If the suit is filed by the regular attorney, the lawyer appointed by him shall follow the suit, even if the attorney ceases to exercise his functions and until such advocate is legally substituted. Art. 80 - If, after filing the suit, the attorney allows it to remain pending for more than three months, the administrator of the comunidades, after first hearing the said attorney and granting a period of three days for his defence, shall, by an order, impose the fine of 150 $ to 900 $, besides barring him from holding any post in the comunidade for a period of three to nine years with all civil consequences. Art. 81 - The attorney is bound to appeal against all the final judgements and orders which put an end to the suit, when they are not favourable to the comunidade. Art. 82 - The attorney who recovers the active debts of the comunidade, through administrative or judicial means, after effecting the attachment, shall be entitled to 3 percent of the capital collected, paid by the debtors, and when the collection is done prior to the attachment, but after ten days have passed since the summons for execution were served, he will have right to 1 per cent, also paid by the debtors. Art. 83 - The attorney can officially enter in correspondence with the administrator, president of the managing committee and the clerk of the comunidades in all matters of the interest of the comunidade. the coondence Clerks of the comunidades Art. 84 - Each comunidade or group of comunidades shall have one clerk -escrivão - of 1st 2nd and 3rd class, as per the Map - 2-II annexed. § 1. The offices of the 1st class clerks of the comunidades of Carambolim, Chorão-Caraim- Passo de Ambarim, Calapur-Cujira, Jua, Serula, Margão and Curtorim shall have one assistant clerk with the category of 3rd class clerk. § 2. The Governor-General shall create posts of assistant clerks in the clerks office of the comunidade where the need of services so justify. Art. 85 - The clerk (escrivão) shall furnish a security, before the administrator of 12.000$, 6.000$ and 3.000$, according to whether they are of 1st, 2nd or 3rd class comunidades, respectively, of immovable properties situated in this State, shares of the comunidades, pledge or cash, and based only on this document proving the said pledge, the Directorate of Civil Administration Services shall issue the necessary orders for taking charge of the office. Sole § In the case of transfer of the former from one comunidade to another, the security furnished in the former comunidade shall be considered as valid and subsist for the second, on a declaration to that effect, without prejudice to the liabilities which the clerk might have incurred at the same, reinforcement of the security being required, if necessary. Art. 86 - The clerks, who fail to recover the accounts of the debtors of the comunidades and the final accounts of the year, within the time limits prescribed in this Code, shall be liable to pay a fine equivalent to one-third of their annual pay, which shall be imposed by the administrator, besides being jointly responsible with the debtors for the amounts outstanding, without prejudice to the disciplinary action. Art. 87 -32[The clerks are subject to the general disciplinary rules for the public servants, enjoying rights and duties of the same, without prejudice to the provisions of this Code. Sole § The clerks are forbidden to intervene, as expert witnesses, in comunidades proceedings, save in cases in which such intervention is required by this Code or derived from the nature of duties they perform. Art. 88 - The clerks of comunidades - shall, in particular, be bound to :- a. Keep the book and accounts; b. Keep custody and maintain the archives, which they can do at their own residence, with permission of the administrator when the comunidade does not have its own building, for that purpose; 33[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. Effect the service of summons and notices in the area of the respective comunidade; d. Provide information which the administrator may require, within the period of five days and the necessary clarifications that may have been requested by any member; e. Submit accounts, presenting himself for this purpose in the administration office, in terms provided in this Code, being civilly responsible for the same; f. Effect the service to the attorney to initiate the filing of suits and execution proceedings, by handing over, at the time of service of notice, the necessary documents; g. Effect the service, within three days, to the attorney of the comunidade, of the notifications, orders and instructions that may have been received from the higher authorities, issuing copies thereof, when demanded; h. Perform all other duties that is bound to fulfill as per the provisions of this Code or others which may be imposed. § 1. The duties referred to in clause (a) may be carried out by the assistants, selected by the clerk and under his own sole responsibility; § 2. The clerk's assistant shall assist him in the work of maintaining the records, accounts and maintenance of archives, as well as in serving notices, when entrusted by the same clerk. 34[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.] Art. 89 - The clerk of the comunidades and their substitutes shall have their residence obligatory at the seat of the comunidade they serve and shall follow the working hours of the government offices, in which they shall be supervised by the presidents of the managing committee and administrators of the comunidades. § 1. In the comunidades, which are grouped together, the clerk shall follow the working hours in all the comunidades which form the group, on the day or days that may be established by the Director of Civil Administration Services, on the basis of recommendation from the administrator and published in the Official Gazette. § 2. The weekly rest day for the clerk of the comunidades and their substitutes shall be determined, in accordance with the needs of service, by order of the Governor-General. Art. 90 - The clerks shall correspond officially with the members of the committee and with the administrator. Art. 91 - The clerks shall have full faith and credit in the acts performed within their powers, but the certificates issued by them shall be deemed authenticated when they carry the embossed seal of the comunidade. Art. 92 - In the comunidades, without clerk's assistants, the clerks shall be substituted, during their absence or impediment, by a reliable person of their responsibility, proposed by them and appointed by the administrator. S Sole § A substitute appointed, in this manner, shall jointly be responsible with the clerk and, in cases of substitution due to sick leave, bereavement leave or sickness proven by a medical certificate, in accordance with the law, the substitute shall be entitled to a remuneration corresponding to two-third or half of the salary of the clerk substituted, paid by the comunidade, depending on whether the substitute is an unrelated person or a clerk of any other comunidade. Art. 93 - In comunidades where there are clerk's assistants, these assistants shall substitute the clerk during his absence and impediment. The assistant will be entitled to a remuneration corresponding to one third of the salary of the substituted clerk, which shall be the latter's liability, in the cases not provided for in the sole paragraph of the preceding article. Sole § The provisions of the preceding article and its sole paragraph shall be applicable to the absence and impediment of clerk's assistants. Art. 94 - The clerks of comunidade belong to a general cadre and shall be appointed, promoted and transferred by the Governor-General, under the terms prescribed in the present Code. Sole § The appointment of the clerks of comunidades in the talukas of Quepem and Pernem and their respective salary shall continue to be regulated by their private legislation. Art. 95 - The filling up of vacant posts of 3rd class clerks shall be done by a competitive practical examinations, held every two years, or earlier, if justified by the needs of the service, at the Directorate of Civil Administration Services, and the minimum qualification required should be the -2º Cicloll of Lyceum. §1. The examinations which will have the duration of three consecutive hours will cover the following program: a. Drafting of a note, report or resolution on a given subject; b. Knowledge of the Code of Comunidades and about the duties and rights, discipline and workings of services, the Overseas Civil Service Statute; c. Arithmetic and book keeping of the comunidades; d. Typing. §2. The board of examiners shall comprise of two members appointed by the Governor- General, from amongst the heads of offices of the Directorate of Civil Administration Services and the administrators of the comunidades of Goa, Bardez and Salsete, chaired by the Director of Services and one of the heads of section of the 2nd Division being designated as secretary. Art. 96 - The posts of clerks of 2nd and 1st class shall be filled by competitive promotion procedure and practical test among the clerks of 3rd and 2nd class and auxiliaries of 3rd and 2nd class, respectively, having the minimum of three years' service in their class with good reports. §1. The competitive procedure referred to in this article shall be held every two years, or earlier, if the exigencies of service so require, at the Directorate of Civil Administration Services and that consist of: Written test of the duration of 3 hours: rafting of a now, Official letter GO a. Drafting of a note, official letter, report or resolution on a given matter subject; b. Knowledge of the Code of comunidades, and with reference to duties and rights, discipline and functioning of services, of the Overseas Civil Services Statutes; c. Arithmetic and book keeping of the comunidades; Oral test of the duration of 15 minutes: Oral examination on the matters of the clauses (b) and (c). § 2. The provisions of paragraph 2 of previous article shall be applicable to these examinations. Art. 97 - The clerks of the comunidades can be transferred to the offices of other comunidades of the same category, when they so apply, within the period fixed for this purpose in the notice published in the Official Gazette by the Directorate of Civil Administration Services and the following shall be the preferential factors for the graduation: 1. Greater length of service in the place they occupy, without penalty recorded in the respective personal file; 2. Greater length of service in the comunidades. Sole § Clerks, with more than six years in the same position, shall obligatorily be transferred and shall not return to the same position until a further equal period had passed. Art. 98 - When any post of clerk (escrivão) is vacant and until the Government makes arrangements to fill the same, the administrator shall make temporary arrangement for the performance of the respective functions in terms of general law. If however the clerk of another comunidade performs the duties, in addition to his own duties, he shall be paid 50 percent of the pay of the post accumulated, besides his own pay. SECTION VII Treasurer Art. 99 - In each comunidade, the member of the managing committee, who is not the attorney, shall serve as treasurer. Art. 100 - The treasurer shall have the followings powers to :- 1. Collect and deposit- in the safe, in accordance with article 105 all the income of the comunidade as well as the sum of all charges levied as per the provisions of this Code and in terms of the estimates prepared by of the comunidades or the orders of a higher authority; 2. Pay to the administration of comunidades, every month and in the first three days of the month, the respective shares in the ordinary and extraordinary 35[ derrama], to the National Treasury, at the appropriate time, property tax and other taxes due; and to zonnkars, shareholders, consignees and other creditors of the comunidade, each year or at the proper seasons of the year, as per the provisions of this code or in the respective contracts, or on the orders of a higher authority, the profits, dividends, interest, salaries or other payments; 3. Pay, by postal order, whenever possible, and in the proper season of the year, the proceeds, dividends, pensions, consignments or any credits due to religious and charitable institutions, deducting the cost of the postal order from the respective amount; 4. Present to the administrator, to be countersigned by him and to the respective clerk, in order to be recorded in the comunidades book, the bills of the payments made to the National Treasury, within three days of the due dates, mentioned in the preceding number failing which he shall be punished, for the first offence, with a fine ranging from 300$ to 600$, and for the second time with suspension from duties. Such penalties shall be imposed by the administrator, after giving due hearing to the person concerned. Art. 101 - The treasurer, who withdraws cash from the safe of the comunidades and does not put it to the intended use, within the legal time, shall be subject to imprisonment and shall be punished for the crime foreseen in article 313 of the Penal Code. SECTION VIII Safe and the key-holders Art. 102 - In each comunidade there shall be an iron safe with three keys, wherein all the revenue amount, valuables and titles belonging to the comunidades shall be kept. Sole § The safe shall be kept in the comunidades building or in any other place, offering the necessary conditions of security; in special cases and with express authorization of the Governor-General, it may be kept in the building of the administration office or other building situated in the seat of the taluka. Art. 103 - The key-holders of the safe are the president of the committee, the treasurer and the clerk of comunidade, who are all jointly responsible for any misappropriation. Art. 104 - Each of the key-holders has one key of the safe which shall not be opened without the presence of all. Art. 105 - It is the duty of the key-holders to place in the safe all the income of the comunidades and make payments authorized by law or by order of the higher authorities, and when any of these acts are not performed due to the fault of any of them, on the days designated for this purpose, the person responsible will be liable to pay a fine of 60 $ for each occasion, by order of administrator who can increase it up to five times the said amount, according to the seriousness and consequences of the omission. § 1. The key-holders, who make payments, not authorized by law or by order of higher authorities, shall be jointly and severally responsible before the comunidade for the amount of such payments. § 2. When any of the key-holder has any doubt about the legality of any payment to be made, he shall suspend the payment and inform the administrator about the doubt, who shall clarify the matter within three days. Art. 106 - For the purpose of collection of income and payment of expenses, in addition to the days mentioned in article 489, the key-holders shall be present on all the last Sundays of each of the months and on all the Sundays of the months of March to May and September to December, or on all the Sundays, covered by the period designated for the collection of the respective assessment, from 9.30 to 12.30 hrs., in the comunidades hall when the safes are in the respective village, and from 9.30 to 12.30 hours of the following day in the places where the safes are installed in the building of the administration office or other building situated in the seat of the taluka. Art. 107 - In the event of an extraordinary opening of the safe, the president and the treasurer shall be entitled to the allowances, designated in the table No. 3, when such openings are made at the request of the party. Art. 108 - Besides the allowance that the president and the treasurer, receive for attending the meetings of the committee, they are entitled to an annual allowance, authorized by the administrator, corresponding to 2% of the income collected in order to deposit in the safe, out of which one-third shall be to the president and two-thirds for the treasurer, total of which shall not exceed 3000$. Sole § In the comunidades with deficit, no payment of percentages referred in this article shall be effected. Art. 109 - In the safes of the comunidades having 3rd, 2nd and 1st class clerks, amounts exceeding 3.000$, 4.000$ and 6.000$ respectively, should not be kept. Art. 110 - Sums, exceeding the limit fixed in the preceding article, shall be deposited by the treasurer in the Bank, known as Caixa Economica de Goa 3º[Cooperative Bank or where such Bank is not in operation, in the Post Office Savings Bank as the case may be], in the name of the respective comunidade, in keeping with the following rules: 1. The sum to be deposited shall be handed over to the treasurer, based on items entered in the Cash Book; 2. Cash shall not be given to the treasurer for the second deposit, unless the provisional receipt of the first deposit is presented and entered in the safe; 3. The treasurer must hand over the provisional receipt in office of the clerk of the comunidades, within three days from taking the cash and if he fails to do so, the current account shall immediately be sent by the respective clerk to the administrator for the legal purposes; 4. The withdrawal of deposits shall be effected by a repayment voucher signed by all the key-holders and countersigned by the administrator. Art. 111 - The administration office of the comunidades shall notify to the management of the said bank - 3 [Caixa Economica de Goa Cooperative Bank or where such Bank is not in operation, in the Post Office Savings Bank as the case may be], of the names of the key- holders of the safe of each of the comunidades, with their specimen signatures, duly authenticated by the secretaries of the administration offices, in order to be compared at the time of reimbursements. Such intimation should be renewed as and when there are changes of the key-holders. Art. 112 - Every three months and, possibly during the months of January, April, July, and October, the comunidades shall send their Pass Books to the head office of the said Bank 38[Caixa Economica de Goa Cooperative Bank or where such Bank is not in operation, in the Post Office Savings Bank as the case may be] to be checked. Art. 113 - The orders for reimbursements, even in the case of endorsements, shall be sent free of charge and exempted of stamp duty. Art. 114 - During the ordinary period set for the payment of prevents of zonn and dividends, the key-holders shall calculate the amount necessary to effect these payments, based on the average paid in the same period over last three years, and make that amount available in the safe by withdrawing in advance from the Bank 39[Caixa Economica de Goa Cooperative Bank or where such Bank is not in operation, in the Post Office Savings Bank as the case may be], but never in anticipation of more than eight days. Art. 115 - In the balance sheets referred to in the article 466, the balances in cash and deposit in the said Bank 40[Caixa Economica de Goa Cooperative Bank or where such Bank is not in operation, in the Post Office Savings Bank as the case may be]shall be distinguished, in separate items. Sole § One copy of the balance sheets of the movement of the receipt and expenditure of each comunidade shall obligatorily, be affixed by the clerk on the door of the meeting hall. CHAPTER III Administration of the comunidades SECTION I General provisions 41 [Article 116. - (1) In the State of Goa, there shall be three Zones of Comunidade, 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 tile North Zone, and the Comunidades of Salcete, Mormugao; Quepem, Sanguem anq Canacona- Talukas shall be under the South Zone.] Art. 117 - The administration offices of the comunidades are considered for all purposes as public offices]42 SECTION II Administrators Art. 118 - In each of the 43[Administration of Comunidades of Central Zone, Panaji; South Zone, Margao; and North Zone, Mapusa], the respective administrator shall be appointed by the 44[Government]., 45[on deputation from amongst the Junior grade officers of Goa Civil Service] and 46[ *** ] Sole § The administrators of comunidades may be transferred for convenience of service. Art. 119 - The independent administrators of the comunidades are administrative magistrates and shall take an oath of office before the 47[Government] .. Art. 120 - The independent administrators of comunidades shall obligatorily be resident in the seat of the respective taluka, and cannot absent themselves from there without being authorized by the 48[Government]. Art. 121 - The independent administrators of the comunidades shall be substituted, in their absence and impediments, by the secretary of the respective administration and in the event of his absence and impediment by the taluka administrator. Art. 122 - The provisions of article 67 and its sole paragraph are applicable to the administrators of comunidades and their legal substitutes, in service. Art. 123 - The administrator shall correspond officially with the functionaries, authorities and public offices and shall issue orders to his subordinates. Art. 124 - Application for recusal may be moved before the administrator on ground of bias in manner provided in the civil procedural law. Art. 125 - The administrator of comunidades has powers to :- 1. Enforce and get the enforcement done of the provisions of this Code, the contracts entered with the comunidades and all the resolutions and decisions of the higher authorities; 2. Maintain order and discipline in service of the offices of the comunidades under his supervision; 49 [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.] 3. Enforce the collection of supplementary derrama when there are extraordinary expenses, duly authorized; 4. Inform the comunidades and the parties concerned, by 15th December, of the share of derrama which they are required to pay, and at appropriate time, the share in an extraordinary derrama. The recovery of the respective instalments, either by voluntarily payment or by coercive matter, shall be done by the provisions in this Code; 5. Write the opening and closing declarations and initial the books referred to in articles 440 and 445 or in respect of the comunidades books or to authorize the secretary or the administrative assistants of the administration office, to do this work; 6. Preside over the visits, inspections and auctions as well as handing over and giving possession of land; 7. Inspect the books and accounts of the comunidades, check whether the comunidade clerks are following their duties and obligations mainly those relating to working hours and residence at the seat, and take action, in accordance with this Code, against those violating those obligations; 8. Approve the annual income and expenditure sheets of the comunidades and the calculations and terms of ordinary auctions; 9. To inspect the archives and check the balance of the safe, when he finds it convenient or when requested, denouncing the deviation of books or cash from the safe; 10. Exercise the powers of the managing committee in the cases and under such terms set out in article 70; 11. Attend, whenever he finds it convenient, the meetings of the comunidades and those of the managing committees; 12. Propose the appointment and dismissal of the president of the managing committee, the dissolution of the elected part of the same, in terms set forth in this Code, and the appointment of persons who should function as members of the committee, in cases provided for in the § 2 of articles 41 and 51 and § 1 of article 69; 13. Take oath of office of the staff members under him, as well as of members of the managing committee and other agents of the comunidades. He may however delegate these functions to the president of the committee, who had already taken the oath of office; 14. Authorize the payment of percentages referred to in article 108 of this Code; 15. Propose to the Government the meetings of the comunidades to be held at seat of the taluka or in the building of the administration office and order the meetings of the board in these places; 16. Authorize the extraordinary meetings of the comunidades and of the committee, when they are not convened by their president; 17. Exercise disciplinary power in terms of law and impose the penalties established in No. 1 to 3 of article. 354 of the Overseas Civil Services Statutes (E.F.U.); 18. Decide the applications for registration or listing; 19. Take steps to fill temporarily the post of clerk;

Section 20, Code of Comunidades of 1961 (Act 2070 of 1961).