CODIGO DAS COMUNIDADES
(THE LAW OF GAUNKARS)
CODE OF COMUNIDADES is a translation of immemorial age-old unwritten customs and usages of Gaunkars codified as a general law of Comunidades and is presently a written law in the Portuguese language. The present Code is an improvement over the earlier Code of 1933, doing away with wrong concepts which had crept into the administration of the affairs of the Gaunkars and providing for preventive measures against all possible prejudice and strongly prohibiting the demise and alienation of the land of Comunidades. Its origin lies in Vedic Indian Jurisprudence based on the principle of Hindu Code and on Shrutis, devolved since times immemorial. During Portuguese rule, the western concept of jurisprudence, considering wrongly the supremacy of the Sovereign over the land owned by the Comunidade, to a large extent has also been adopted while compiling the Code of Comunidades. Prior to colonial rule, allegations on breach or violation of any of these rules or disputes thereof, were to be resolved by the Courts established under the Gaunkary and finally by the Ruler/King as Supreme Arbitrator. Here in Goa, when the last king was succeeded by the Portuguese colonist, the powers were granted to the Head of the State i.e. to the Governor, as is in force till date. In addition, every Comunidade has its own peculiar, uncommon Private Law based on the particular nature of their locality and contractual obligations, and mentioned in terms of Article 1 and Mapa 8 of the Code of Comunidades, is to be observed. The Code of Comunidades as it stands codified, is recognized as Private Law vide DIPLOMA LEGISLATIVO No. 2070 dated 15.4.1961, by declaration of then Central Government of Portugal, expressed through the then Governor of Goa, and is enforced in the State of Goa till date by promulgation. The Diploma has also recognized the land owned and held by Comunidades to be absolute non-state private property of the respective Comunidades vesting with their respective Gaunkars in common or jointly. Thus ownership of land lies with the respective Comunidade right down to the center of the earth in terms of international law. In terms of this recognition, the State has declared abolished the Land Revenue wrongly levied by the Government against the Comunidades during Portuguese rule. See Para III of the Preamble and Article 5 of the Code. The State is bound by Article 299 of the Constitution of India to comply with this declaration.