State Act

379

Section 379

Code of Comunidades of 1961

Act no. 2070 of 19611961In forceGoa (State Act)

Art. 379 – If from the evidence produced, as per preceding articles, the existence of the encroachment of land stands proved, the administrator shall order the issue of a copy of the respective report and other extracts of the file of proceedings, which shall be handed over to the attorney of the comunidade in order to request permission of the Administrative Tribunal for filing of the competent suit in the Court, and shall impose, by order on the file of proceedings, on the encroacher, the following penalties: a) Banning for a period of five years, from holding any post of the comunidades of the respective taluka and from bidding and standing as a guarantee in the ordinary and extraordinary auctions in the same comunidades, either directly or through an intermediary; b) Forfeit in favour of the comunidade, for an equal period of time, the proceeds of zonns, dividends on shares, annuities, votonas116or any other pension to which he be entitled in the respective comunidade; c) Fine to the tune of 600$ to 3.000$ when the person denounced is not member of the comunidade. The fine shall not be greater than the double of the value of the land encroached. §1. The penalties laid down in this article shall be enforced only after the suit is decided in favour of the comunidades by a judicial decision which has become res judicata. §2. If it is verified that the denouncement was found to be without any ground, the administrator shall order the proceedings filed.