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II

   
SOVEREIGN FUNCTIONS OF COMUNIDADES


The Gaunkary/Comunidade is an institution of the Gaunkars by the Gaunkars for the Gaunkars spread throughout the State covering all the citizens of the respective village. Thus, Code of Comunidades is a law of Gaunkars by Gaunkars and for Gaunkars, for self-determination and for development of common and joint social welfare interests in the respective locality. The Gaunkary have their own Legislature, Executive and Judiciary, as per the provisions of the Code. See Foral of Afonso Mexia dated 16.9.1526, Government Order in the Official Gazette dated 15.5.1958, vis-�-vis the Preamble of the Code of Comunidades of 1904 and 1933 and Ancient Hindu Jurisprudence on village communities/associations.

The Gaunkary is vested with its own sovereign functions in their own capacity within their own jurisdiction. The Gaunkaries have their own eminent domain with respect to imposition of penalties, forfeitures, fines, confiscation, raids, imprisonment, arrests (the old form of punishment was banishment from the village), trials, taking evidence and passing of judgements and orders. The State is also under contractual obligation in terms of Article 5 of the Code to carry out penal actions on behalf of Comunidades. 

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