Goemkarponn desk
PANAJI: The State government on Friday hurriedly passed the Goa Bhumiputra Adhikarini Bill 2021 (Bill No 14 of 2021), saying it is the Bill to benefit locals.
According to the Bill, a Bhumiputra can be anybody who has been residing in Goa for the last 30 years.
However, this Bill seems to be more to please the migrant vote bank ahead of elections rather than the actual “bhumiputra’s”
Thousands and thousands of illegal dwellings exist in every constituency, and every politician wants to please them ahead of the 2022 Assembly polls.
Be it Moti Dongor, Khandepar in Margao, Indira Nagar in Chimbel, Zuarinagar in Sancoale and Dabolim, Baina, Camrabhat in Taleigao, Porvorim slums, Mapusa slums, Curchorem, Quepem, Baina, Vasco – name every constituency and there is one such slum where the migrants have now made their homes for more than 30 years.
Does Chief Minister Dr Pramod Sawant, and the Government want to legalise all these dwellings? According to the new law, most of these slums would be eligible for regularisation.
The Bill empowers the Bhumiputra Adhikarini (the committee) to declare a “Bhumiputra” to be the dwelling unit owner-occupied by him upon payment of an amount equivalent to the value of land calculated at the market rate and such other amounts as specified in section 6 to the Government. The land can be Government or private.
If the land is private, the amount received above would be transferred to the private party.
Bhumiputra shall not be evicted from the dwelling unit occupied by him and the dwelling unit shall not be demolished during the pendency of any proceedings under this Act, save by the direction of the competent court of law, the Bill says.
The opposition played defensive rather than offensive…
Many may have thought that the Opposition walkout was due to how the Government hurriedly passed the Bills.
However, there seems to be much more than what met the naked eye.
The Opposition MLAs to have the migrant vote banks, and they did not want to be in bad books opposing the Bill ahead of elections. Hence, instead of being in the House and making noise and running to the well when this Bill was being passed, they decided not to be a part of the House when this Bill was being passed.
Remaining in the House and not opposing it would mean they were party to Bill and would be criticised by civil society and local Goan, and opposing it would mean losing migrant Vote Bank. So the best way is defense and not offence. Even after the Assembly, not a single Opposition leader, who are social media savvy, have made any comments on the Bill.
What is teh Bhumiputra Adhikarini BIll?…
“Bhumiputra” means a person who is residing in the State of Goa at least for a period of thirty years before the date of making application under section 5; and in occupation of a dwelling unit and includes his or her spouse, son, daughter in law and unmarried daughter;
“Bhumiputra Adhikarini” means a committee constituted under section 3 of this Act.
“Dwelling Unit” means a permanent structure having plinth area not exceeding 250 Square Meters which has been constructed or in existence before the first day of April 2019 and assessed for the house tax by the local authority and has water and electricity connection;
Constitution of “Bhumiputra Adhikarini”. – The Government may by notification in the official Gazette, constitute a committee consisting of Deputy Collector as its Chairperson and other members namely Official from Town and Country Planning Department, Forest Department, Environment Department and Mamlatdar of Respective Taluka to be called “Bhumiputra Adhikarini” to exercise the power conferred on and to perform the functions assigned to it under this Act. C
Protection of rights of Bhumiputra. –
(1) Notwithstanding anything contained in any other state law, decree, order, custom, usage, contract or any instrument having force of law, the Bhumiputra Adhikarini may by an order declare a Bhumiputra to be the owner of the dwelling unit occupied by him upon payment of an amount equivalent to the value of land calculated at the market rate and such other amounts as specified in section 6 to the Government.
(2) Where the land is not owned by the Government the amount received under subsection (1) shall be transferred to the owner of such land; Provided that, if any question arises as to whom such amount is payable, the same shall be deposited in a Government treasury and paid to such persons as may be decided by the competent court of law.
(3) Bhumiputra shall not be evicted from the dwelling unit occupied by him and the dwelling unit shall not be demolished during the pendency of any proceedings under this Act, save by the direction of the competent court of law.
Form of Application etc. – Within a period of six months from the date of commencement of this Act, Bhumiputra may apply to the Bhumiputra Adhikarini in such manner and in such form as prescribed along with such documents as prescribed to prove that the dwelling unit has been constructed or in existence prior to the 1st day of April, 2019.
Functions of Bhumiputra Adhikarini. –
(1) After receipt of application under section 5, the Bhumiputra Adhikarini shall publish a public notice in such form and inviting interested persons to submit in such manner as prescribed, objections, to the proposal contained in such public notice within a period of thirty days; Provided that such notice shall also be issued to the owner of land where such land is not owned by the Government.
(2) The objections if any received in respect of the proposal contained in public notice shall be decided by the Bhumiputra Adhikarini.
(3) The Bhumiputra Adhikarini shall consider only such objections which pertains to the ownership or time of the construction of dwelling unit or occupation of such dwelling unit by the Bhumiputra.
(4) after consideration of objections, if any, the Bhumiputra Adhikarini shall pass an order, as deemed fit by it deciding the value of the land under sub- section (1) of section 4 and the charges/fees to be paid by the applicant under various law including conversion charges, infrastructure tax, except penalty and convey his decision to the applicant, along with the challan for making payment as aforesaid.
(5) After receipt of the amount specified in sub-section 4, the Bhumiputra Adhikarini shall issue an Ownership Sanad to the applicant in such form as prescribed.
(6) Mamlatdar having the jurisdiction shall make an entry in the Record of rights, based on the Ownership Sanad granted by Bhumiputra Adhikarini under sub-section (5) without any further notice or any proceedings.
(7) Appeal.– Any person aggrieved by the decision of the Bhumiputra Adhikarini may prefer an appeal before the Administrative Tribunal within a period of 30 days from the date of such decision and the order passed by the Administrative Tribunal shall be final and binding.
(8) Power to make rules. – The Government may, by notification in the Official Gazette make rules for carrying out the provision of this Act.
(9) Power to remove the difficulties. – If any difficulty arise in giving effect to the provision if this Act, the Government may, by order published in the Official Gazette, not inconsistent with the provision of this Act, as may appear to it to be necessary or expedient, for the purpose of removing the difficulties; Provide that no such order shall be made after the expiry of the period of two year from the date of commencement of this Act.
(10) Protection of action taken in good faith. – No suit, prosecution or any other legal proceedings shall lie against the Government or any officer or employee of the Government or any person authorised by the Government or Bhumiputra Adhikarini or its members for anything which is done, or intended to be done, in a good faith under this Act.
11. Overriding effect. – The provision of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other state law for the time being in force. 12. Bar of Jurisdiction. – No Court shall have jurisdiction to entertain, decide or deal with any question which is to be decided by the Bhumiputra Adhikarini and Administrative Tribunal under this Act.
