State Act

64

Section 64

Code of Comunidades of 1961

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

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. 30 To make deposits in such manner as the Government may prescribe.] 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.