# Code of Comunidades of 1961, Section 30 - Act: Code of Comunidades of 1961 (Act 2070 of 1961) - Source URL: https://indiacode.ecourtsindia.com/code-comunidades-1961/section/30/ ## Text Present to the 3 [Government], by the 31st of March of every year, a report of the management of the comunidades for the preceding year, mentioning therein the important facts of his administration and indicating the means, he thinks fit, to adopt in order to increase and improve crops. This report shall be accompanied by a statistical map of the office's work, a map showing the movement of the shares of comunidades, organized according to model No. 5, a map showing the dividends and zonns distributed by each comunidade, in each of the last nine years, a statement indicating the grants as emphyteusis (aforamentos) granted and a map showing the extraordinary expenses incurred by each comunidade in the preceding year and other information as he sees fit deemed useful. Failure to comply with would incur in payment of a fine corresponding to the salary for the number of days delay. Art. 126 - The decisions of the administrator are subject to appeals provided by law. SECTION III Office of secretary and personnel Art. 127 - Each of the private administrations of the comunidades shall have a secretarial office controlled by the respective secretary and a works foreman in charge of a technical person for works. The offices of the talukas administrators shall have a comunidades section under the control of the secretary of those administrations. The strength of the staff shall be as shown in attached map No. 2- I forming a single cadre. Sole § The provisions contained in the article 67 and its sole paragraph and sole paragraph of article 87 and 97, the later to some extent, shall be applicable to the personnel of the administrations. Art. 128 - The secretary is empowered to :- 1. Maintain order in secretariat office, distribute and regularise the service among the employees, when not defined by the administrator or by this Code. 2. Perform the office work of administration, keep books and maintain the registers, check the income and expenses statements, calculations, auctions and accounts and carry out all other duties assigned by this Code and by order of higher authorities. 3. Draft the correspondence in accordance with the decision of the administrator. 4. Mark in all the outwards correspondence with the respective sequential number after being signed by the administrator. Provide clarifications for the purposes of the pledge and attachment of. 5. Offer classifications for the purpose of attachment and seizure of shares. 6. Have under his control the office archive and keep it in order. 7. Issue summons and notifications in the suit itself when ordered by dispatch. Art. 129 - The auxiliaries shall :- 1. Assist the secretary in the exercise of his duties performing all acts as ordered by the administrator or the secretary; 2. Write and type notes, official letters and other documents as per the drafts given to them; Sole § In the private administrative offices of the comunidades, the senior most 1st class assistant shall substitute the secretary in his absence or impediment. Art. 130 - The bailiff shall serve summons and notices and deliver the correspondence. Art. 131 - The peons are responsible for the cleanliness of the office and for any other service determined by higher authorities. Art. 132 - The administration of comunidades shall have an iron safe, with three keys, where the income from derramas and of the in default comunidades in their charge, as well as the income of Pension Bank, should be deposited in accordance with this Code. § 1. The key-holders of this safe are the administrator, the secretary and the more qualified and senior most auxiliary. They are jointly and severally responsible for any embezzlement if taken place. § 2. In the same safe there shall also be deposited, but kept separately, the amount of advance fees paid by the parties in connection with the cases pertaining to the administration. The entry of such amounts should be recorded in a special cash book maintained on the same lines as that of the safe of the administration. Art. 133 - The general archive of the past books of the comunidades will be in charge of the administration. Sole § Every year, all the comunidades books, closed files and useful papers which are ten years old, shall be sent to the general archive. Art. 134 - The books shall be preserved in closed shelves, properly separated, comunidades wise or least in separate shells for each comunidade. Each book or bundle of papers shall have a label indicating the nature of the books and papers and the year to which they concern. Art. 135 - The secretary of the administration is the conservator of the general archive and as such, it shall be his responsibility to receive all the books and papers referred to in article 454, paragraph 2, by issuing the necessary receipt to the clerks of comunidades on one of the duplicates of the inventory referred to in article 137, paragraph 2, and he shall be responsible for their preservation, by fulfilling all the duties imposed by this Code to the clerks of comunidades as regards the archive of each comunidade. Art. 136 - The administrator shall order the binding of the books and have copied the texts that are party effaced, ordering the checking of the copies by two experts and they shall certify at the end of the copies, that they are true copies of the originals, authenticating them and preserving the originals along with the copies in the general archive. Art. 137 - The general expenses of the archive shall be borne out of the general administrative funds but, each comunidades shall pay for the binding expenses as well as of copies of books, honorariums of the experts and the wages of the clerks recruited by the administrator for the purpose of making copies. § 1. As and when the books, files and papers, referred to in the sole paragraph of article 133 are sent to the general archive, a record should be made in the inventory of each comunidades mentioning the note by which they were sent. § 2. In the first fortnight of April, in each year the president of the managing committee, the attorney and the clerk of the comunidades, forming a commission, should sort out the books, closed files and papers which, under the terms in sole paragraph of article 133, should be sent to the general archives and the clerk shall send them to the administrative office before the 30th of the same month, accompanied by an inventory, in duplicate, signed by all the members of the committee. § 3. The failure to comply with what is contained in preceding paragraph, the president of the committee, the clerk and the attorney of the comunidade shall be liable to pay each one a fine of 300 $, by order of the administrator. § 4. The administrator of comunidades who proves to be negligent in awarding penalties referred to in preceding paragraph shall be punished with a fine of 600 $. Art. 138 - In addition to the duplicate of the partial inventories of each comunidade, the general archives shall have its own general inventory, organized by the conservator and approved by the administrator, after checking its accuracy. Art. 139 - All the provisions of this Code regarding the archives of the administration office and those of comunidade shall be applicable to the general archives. Art. 140 - The certified copies of general archives shall be issued by the secretary of administration office, without requiring any order and the emoluments shall be normal ones. Art. 141 - The staff in charge of the works have competence to :- a) Study and draw up maps and estimates for ordinary, extraordinary and urgent works and services; b) Assist in the inspections for taking provisional or definite charge of works, in cases where it is within the powers of the administrator to do it, in accordance with this Code; c) Oversee and check the execution of all the services and works, whether ordinary, extraordinary or urgent, by his own initiative or when ordered by the administrator; d) Assist the administrator in matters within his area of expertise. Art. 142 - The assistant engineer (apontadores) shall assist the engineers in all the services for which they are responsible and shall execute the routine work of the technical sections as ordered. Art. 143 - In the talukas of Ponda, Mormugao, Bicholim, Sanguem, Canacona, Quepem & Pernem, the functions of technical person of the works shall be performed by the head of office or head of technical section of the respective municipality being entitled to draw the gratuity mentioned in the attached map No. 2-I. Sole § In the absence of the head of office or head of the technical section of the Taluka, any technical person may be entrusted with the study or elaboration of the projects. Art. 144 - The works of the comunidades may also be studied by the heads of the agricultural divisions and by the technical person of special brigades appointed by the Government. Art 145 - The filling up of the post of secretary of administrations of comunidades shall be made through a competitive practical examination among the first class auxiliaries and first class clerks of comunidades with a minimum of two years service in the respective class and a good service report. The admission to the examination shall be based on production of the document in proof of the referred service. Sole § The examination will cover the following :- Written examination of the duration of 3 hours: a) Drafting of a report or proposal over a given subject; b) Knowledge of matters dealt with in the Code of Comunidades, the Overseas Organizational Law, the Statute of State of India and the Overseas Civil Services Statute; c) Elementary mathematics and accounting of comunidades. Oral test: with the duration of 15 minutes. Questions over the matter referred to in item (b) of the written test. Art. 146 - The posts of auxiliaries of 1st class shall be filled up by a competitive examination among the 2nd class auxiliaries and 2nd class clerks of comunidades, with a minimum of three years service with good service report in the respective class and the admission to the examination shall depend on production of a document in proof of the referred service. Sole § The examination shall be based on the same program indicated for the examination of 1st class clerks of comunidades. Art. 147 - The filling up of posts of 2nd class auxiliaries shall be made through a competitive examination among the 3rd class clerks and comunidades' clerk of the 3rd class, with a minimum of three years service with good information report in the respective class. Sole § The examination shall cover the same matter established for the 2nd class comunidade clerks and a typing test. Art. 148 - The posts of 3rd class auxiliaries shall be filled up through a competitive practical examination, under the terms prescribed in article 95 for the 3rd class clerks of comunidades. Art. 149 - The competitive examinations referred to in the preceding articles shall be announced by and conducted at the Directorate of Civil Administration, in accordance with article 95, and those that follow this Code. Art. 150 - The posts of bailiffs shall be filled up through a competitive procedure conducted in the respective administration office and it shall be based on documents produced, the minimum qualification shall be the 4th standard of primary education in Portuguese. Art. 151 - The posts of foreman shall be filled up on contract basis under the terms applicable to the services contracts in the State, through a competition based on documents produced. It will be conducted by the Directorate of Civil Administration. § 1. The minimum qualification for admission to this competition is the completion of a course of the civil engineering technician or equivalent qualification. § 2. The selection panel for the competition shall comprise of two members appointed by the 52[Government], and the Director of Civil Administration shall be its chairman. Art. 152 - The posts of assistant engineer (apontadores) shall be filled up on contract basis, through a competitive examination as per the terms established for the filling up of similar posts in the Municipalities. Sole § The selection panel shall comprise of the technical officer for works and the head of the technical division of the municipality under the chairmanship of the administrator. CHAPTER IV Governor-General Art. 153 - 53[Government] is empowered to: 1. Appoint, contract, promote, transfer, retire and dismiss administrators and employees of the administration office and of the comunidade, in accordance with the law; 2. Exercise disciplinary action on the administrators and the personnel referred in the previous number, as per law, and grant them leave; 3. Appoint and dismiss the effective and substitute presidents of the managing committees, dissolve the elected part of them, and appoint suitable persons to replace them, in terms foreseen in this Code; 4. Approve urgent expenses in terms of article 65; 5. Authorise the meetings of the comunidades in the seat of the administration office and direct the administrator to attend the meetings, where they are normally held; 6. Authorize eventual or unforeseen expenses in excess of 1500$ and the extraordinary expenses approved by the respective comunidade; 7. Compel the comunidades to use the technical means necessary for the maintenance of the paddy fields of one or two crops and to cultivate the uncultivated lands suitable for cultivation; 8. After hearing the comunidades, to order the acquisition of machinery and tools that facilitate and improve agriculture, the rational use of fertilizers and experiment new crops and the creation of new artificial pastures for the feeding cattle; 9. Grant 54[emphyteusis[, authorize the exchange of the land of comunidades and order its reversion; 55[9A. Grant approval to the Comunidades to withdraw, admit or compromise any legal proceedings;]. 10. 5º[Grant long time leases] andi vichdras Che land 11. Grant extension of period for the utilization of the lands granted on emphyteusis; 12. Grant rebate - (quita) to the lease holders of the paddy fields; 13. Authorize the payment, in instalments, of the dues to the comunidades; 14. Decide the complaints and appeals against the decisions of the administrator in non- contentious matters; 15. Wind up the insolvent comunidades which are in the conditions mentioned in the article 178; 16. Exercise all the powers conferred in this Code; 17. After hearing the Government Council, to approve the budgets of income and expenditure of the administration office of comunidades and of the Pension Bank (Caixa de Aposentações). 18. And, in general, to take cognizance of all the acts of the administrator of the comunidades, in matters which are not within the cognizance of the Administrative Tribunal or by common courts. 57[19. To make rules for carrying into effect the provisions of the Code.] 58[20. To direct the Administrator of the Comunidade, without prejudice to any other remedy provided by law, to recover such amount or sum due, if any, from the Comunidade as arrear of land revenue and for this purpose the Administrator thereof may forward' to the Collector a certificate as early as possible in the prescribed form mentioning, the sum due from such Comunidade and requesting that such sum may be recovered as if it were an arrear of land revenue.] CHAPTER V Administrative Tribunal Art. 154 - The Administrative Tribunal is empowered to :- 1. Decide on appeals filed against the decisions of the administrator of the comunidades in non-contentious matter, as well as on those which pertain to the balance sheet of the annual income and expenditure of the comunidades; 2. Decide on the irregularities of the auctions of the comunidades, either noticed or informed by the administrator or alleged in complaints filed by private parties, in terms of this Code; 3. Grant permission to the comunidades to file suits in accordance with article 9, save in what is provided in the article 353, paragraph 3 of article 380 and article 388 and article 305 of the Portuguese Civil Procedure Code to withdraw, admit and compromise, as well as authorize the respective expenditure; 4. Decide complaints against the acts of the comunidades on the matters regarding derramas, easements, distribution of waters, usufruct of fallow lands or groves and of common pasture, save when it is related to the cases of verification and assessment of compensation; 5. Confirm the judgment of uncollected debts and annulment of dues to the comunidades and pronounce judgment on the questions of prescription; 6. To examine the annual accounts of the Pensioners' Bank (Caixa de Aposentações). CHAPTER VI Pensioners' Bank Art. 155 - The employees and agents of the comunidades and of the administrative office are entitled to a retirement pension paid through the Pensioners' Bank, on the same terms as admissible to the public servants. Art. 156 - The Pensioners' Bank (Caixa de Aposentações) shall have its head office in Panjim City of Goa and branches in the administrations offices of the comunidades of Salsete and Bardez and in the talukas where there exist comunidades. Sole § When the Pensioners' Bank does not have sufficient funds for the payment of pensions, the difference shall be made good by all the comunidades by way of advances in proportion to their income. These advances constitute a debt against the Pensioners' Bank which shall pay to the respective comunidades soon after it is in condition to repay. Art. 157 - All the employees mentioned in article 155, shall have to enrol themselves as members of the Pensioners' Bank and pay the pension contribution as fixed in the article 439 and its paragraphs of Overseas Civil Service Statute (Estatuto do Funcionalismo Ultramarino). Art. 158 - The enrolment of the members mentioned in the preceding article shall be made within thirty days from the date of appointment, by the secretary of the administration office of the comunidades of Goa, in a special book. This shall be made independent of any authorization. Art. 159 - The funds of the Pensioner's Bank shall be deposited in the safe of the respective administrative office, but shall be kept separately. Art. 160 - The incomes of the Pensioners' Bank comprise of :- 1. The monthly contribution of the members; 2. The proceeds of the fees collected by the administrative offices; 3. Any legacies (legados) in favour of the said Pensioners' Bank; 4. Any amount which prescribes in favor of the said Pensioners' Bank; 5. Interests on loans given; 6. 25 per cent of the proceeds of zonns and the dividends of the shares prescribed. The 59 [Government], however, soon after he satisfies that the fund of Pensioners'Bank had reached a level of 4.800.000$, he shall direct reversion to the respective comunidades, of the amount of 50 per cent of the said percentage stated above; 7. Any other eventual revenue. § 1. Whenever the Pensioners' Bank has funds available, it may grant loans to the private persons and to the comunidades, in the former case with guarantee by way of shares of the comunidades and of the gold and silver or mortgage of rustic and urban properties, without prejudice to the amount necessary for the payment of pensions. § 2. The loans to the comunidades shall bear the interest of 2 per cent interest, when they are meant for works of agricultural development and improving of its properties or acquisition of machinery and agricultural tools. In other cases, as well as for private persons, the interest shall not be less than 3 per cent, for loans less than 8.000$ and 2.5 per cent for the loans of higher amount. § 3. The loans of a sum not higher than 8000$, repayable within the period of one year, can be made by a private declaration and renewed for equal periods, if the borrower pays the interest due, punctually. § 4. The loans of amount higher than 8000$ shall be made by public deed, with prior authorization of the Governor-General. § 5. The Government shall regulate what is contained in the preceding paragraph. Art. 161 - The expense of the Pensioners' Bank comprises of :- 1. The pensions of the retired employees; 2. Other expenses inherent to the functioning of the Bank. Art. 162 - The writing of books and accounts of the Pensioners' Bank and its branches shall be under the charge of the secretary of the respective administrative office. Art. 163 - There shall be five books for maintenance of accounts of the Pensioners' Bank: the , for the enrolment of the members, one of for entering the annual budgets, one for the cash movement in the safe, one of , for the current accounts of all the employees and agents, in active service and retired, and one of < Sundry Declarations and Reports Book > for maintaining the record of the seizure or remission and any others. § 1. The branch of the Pensioners' Bank shall have a Cash Book, to register the movement in the safe in their charge and one the Current Accounts Book of the retired employees who may have to be paid by the branch. § 2. All the books referred to in this article and the preceding paragraph shall be signed by the administrator of comunidades of Goa and the respective terms of opening and closing should also be signed by him. Art. 164 - The ordinary budget shall be prepared annually, during the month of October, by the secretary of the administrative office, where the Pensioners' Bank is located and shall be approved, on the recommendation of the administrator, by the Governor-General, after consulting the Government Council. Art. 165 - The Current Accounts Book, which is yearly, shall be prepared by 15th October of every year and in it shall be entered the credits and debits of all the creditors and debtors of the Pensioners' Bank as per the model No. 29 attached to this Code. Art. 166 - All the movement in the safe shall be entered in the Cash Book, the deposits of the money on the left hand page and the payments in the right hand page, the latter being signed by the individuals receiving the money and the opening and closing notes of the safe signed by key holders as per model No. 26 attached to this Code. Art. 167 - The Pensioners' Bank shall send to its branches a list of the retired employees to be paid by the respective branches. Art. 168 - In the case when there is a deficit in the ordinary budget, such a shortfall shall be shared by all the comunidades, in order to enable the Pensioners' Bank to fulfil its responsibilities and the secretary of the administrative office shall forward to its branches, with the administrator's signature, the notes indicating the contributions that the respective comunidades are required to advance and the branches in their turn, after collecting these contributions from the comunidades of the respective taluka, shall forward them to the Pensioners' Bank after deducting the charges due on the same. Art. 169 - If, after sharing the shortfall referred to in the preceding article, there are new charges resulting from retirement of new staff members or any new expenses, there shall be a new adjustment in the distribution or a supplementary financial contribution 60[derrama] shall be asked and which shall be paid immediately by the same comunidades. Art. 170 - The branches shall send to the Pensioners' Bank by the 5th of each month, by postal order, the amount collected by them in the preceding month, that is to say, the excess of the income over the expenditure. Sole § The same branches shall send on the same date, a statement of monthly movement of the respective income and expenditure, in order to enable the head office of the Pensioners' Bank to organize its current accounts. Art. 171 - For the purposes of No. 6 of Article 154, the accounts of the Pensioners' Bank shall be processed and sent by the respective secretary, to the Administrative Tribunal along with those of the general safe. --- Published by eCourtsIndia together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957.