THE GENERAL BODY AND MANAGING COMMITTEE
The decisions/deliberations or resolutions taken by the General Body by proper quorum on any item or issue, is what is meant by the say of the respective Comunidade. This can only take place by strictly following the procedure on any issue, within the scope and powers of the General Body. It is final, when not contrary to the provisions of the Code or when not set aside in appeal, and becomes binding. The Managing Committee cannot substitute the General Body and/or overrule the decision of the General Body. These decisions/deliberations, being contractual in nature, once achieved finality cannot be placed before subsequent general body meetings for re-consideration or to overrule the previous settled decisions. The say of the Attorney or of the Managing Committee is not the say of the Comunidade to bind the respective Comunidade unless supported by the minutes of the appropriate General Body Meeting, showing deliberations taken supporting the representation.
By Extra-Ordinary General Body meetings the Comunidade may decide to file suits in appropriate cases in the Courts established by the State provided approval to that decision is obtained from the Administrative Tribunal. The Attorney, in the name of the Comunidade, cannot file suits or come to any agreement or understanding or compromise without the decision of the General Body as the Attorney has no such powers. The Attorney is bound by law to intervene in any proceedings before any authority or Court on behalf of the Comunidade, to protect or defend the interest of the respective Comunidade. It is mandatory for the Attorney to prefer Appeals and or challenge all adverse Orders or Judgements against Comunidades before the Appellate or higher Authorities without the necessity of sanction or approval to that effect from the General Body or the Administrative Tribunal. The Government of Goa, without constitutional competency, suo moto, has caused so called amendment to Articles 371 and 372 of the Code since 30.10.1986, deleting the provision for Comunidades to file suits in the Civil Courts against encroachments and trespass, and substituting the Civil Courts with the politically appointed Director of Civil Administration (Collector), who in turn has delegated the powers to the Administrators of Comunidades, also a political appointee. The so called amendments have been carried out with malafide intentions by corrupt politicians and which has resulted in the cause of widespread encroachments coming up over the land of the Comunidades. The Administrators in general have been found protecting the encroachments in order to secure vote banks for corrupt politicians and have failed to remove encroachments till date. These so called amendments are a well designed and planned fraud on Gaunkars in breach of the Code by the Government of Goa. Neither the Director of Civil Administration, the Collector nor Administrator of Comunidades can exercise their powers to give any redress as that of civil courts or effectively substitute to be a Civil Court.