IX

                
RELATION BETWEEN                COMUNIDADES AND THE                             STATE

The Ex-Portuguese Government was under bilateral Treaty with the Gaunkars till they left Goa, to provide Administrative Tutelage and give timely compliance to the provisions of the Code. On change of Government (read in terms of Articles 294 and 295 of the Constitution of India) after liberation, the State continues under the same constitutional obligation to comply with the duty towards Gaunkars and to provide the same tutelage and respect the Law. The State, after liberation of Goa, has failed to provide administrative tutelage to Comunidades and has committed a breach of the contractual obligation to its own benefit, by fraud, after liberation of Goa. The Gaunkars are subject to pay Derrama (tithes) to the State for the Tutelage provided. This Derrama is coming down from ages when Gaunkars were paying tithes to the then kings or rulers for protection of their interests. This contribution had been accepted by the ex-Portuguese rulers in the form of Derrama to render protection to Gaunkars to give timely and effective compliance to the provisions of the Code as was the case under the then Kings/Rulers. The State (includes all organs of the State in terms of Article 12 of the Constitution of India) and its agents, are under fiduciary duty at all times, to the Gaunkars. The Indian Administration which was extended over Goa after liberation, have till date adopted the British-inherited concept meant for slaves or subjects hostile to the law of the indigenous people and/or to the provisions of the Code of Comunidades of 1961. See Regimento dated 19.07.1847, mentioning the bilateral Treaty between Gaunkars and the Portuguese, uncommon to then British Governance on Indian territory.

The State does not contribute or give financial assistance to Comunidades even to pay the salaries and remuneration of the administration staff although appointed by the State and neither is the State bound to do so. The appointment of the Administrators and other staff by the Head of State or by the Government is on account of a contractual obligation with the State and Gaunkars at the beginning of Portuguese rule in Goa. The Administrator and other staff of the administration are lawfully bound to give timely assistance and compliance to the provisions of the Code. The simple reason being that the State would recruit only competent and impartial officers to the service of Comunidades, being a trust body. It is for this reason neither the State nor the Government bears the remuneration or salaries or cost of the persons employed in the administration of Comunidades. The Comunidade is the principle employer through a competent authority i.e. the State organization. The present day appointments are not as per the provisions of the Code. The State authorities are bound to conduct tests or a competitive examination for all staff of the Comunidades including the Administrators. But presently nothing of this nature is done due to the interference of politicians in the functioning of Comunidades and the abdication of the powers by the Governor/Head of State. The Governor of Goa/Head of State is granted powers under the Code to give assent to the General Body and/or Extra-Ordinary General Body Decisions and Resolutions so as to give legal sanctity to enforce such Decisions/Resolutions before any Authority. The present State Governor does not perform these functions and has left the Comunidades to the mercy of corrupt politicians. The Governor is a Persona Designata and cannot abdicate this authority in favour of any other person. See Regimento dated 19.07.1847 and Regulamento No.139 dated 04.07.1919 providing to hold Tests and indicating the minimum and maximum age for selection and appointment of Administrators.
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