Wednesday, 1 October 2014

To whose benefit the Agricultural Tenancy (Amendment) Act 2014 is ?



                                                        By Adv. John Fernandes




                                    Initial object of the legislation



The Goa legislative Assembly then headed by Dayanand Bandodkar  brought out “The Daman and Diu Agricultural Tenancy Act 1964” which received the assent of the president of India on 16/12/1964 and in order to give it a special protection along with the 5th Amendment to the Agricultural Tenancy Act have been  included in the IXth Schedule of the constitution of India. The object of the Act is to give protection/ownership right  to  the marginalize section that is the tenants/cultivators   from the oppression and suppression of the feudal class which was then prevailing  in Goan society  in respect of the  land which they were/are cultivating. 


The Goa legislative assembly in a recently concluded Assembly session by way of Bill No. 20 of 2014 had  passed the Amendment to the Goa Agricultural Tenancy Act 1964. That by way of present amendment the Goa Government has introduce  three major changes to the Agricultural Tenancy Act.  One of the change which the amendment tries to introduce is to take away the authority of the Mamlatdar Court in deciding the tenancy cases,  Secondly it introduces contract farming and thirdly it puts  a time limitation to file tenancy cases. 


That from the bear reading of the recent amendment to the agricultural Tenancy Act   it shows that the amendment is introduce  without studying  the ground realities, without application of mind  and without taking all the stake holder particularly  the Tenants/have-nots   and the institution which are working for the benefit of the tenants  like the Mamlatdar, the agriculture department etc into confidence/consideration. However it appears before introducing the present  Amendment the haves that is the feudal class might have taken into consideration and it has been drafted as per their whims and fences as the amendment is likely  to benefit them rather then the illiterate and ignorant farming class/have-nots.


              Amendment Introduce without understanding ground realities  


As stated by the Government one of the object of the amendment particularly in introducing the Contract farming is to avoid fertile land from remaining fallow.  Before introducing such an  amendment has the government have undertaken any study/survey to known the ground realities  as to why people keeps the agricultural land fallow? The Answer may be in negative. As per my study most of the fertile paddy field particularly in villages are kept fallow on account of problem of stray cattle. The High Court of Goa in writ petition No.261 of 2004 ( Shri Audhut Kurtarkar v/s State of Goa)  has directed the  local bodies to solve the stray cattle problem. The Government has also provided the local bodies  with funds  and manpower but no efforts have been made by the  local bodies nor by the Goa government  to solve the problem of stray cattle as even today  herds of stay cattle’s are seen on the road and in the paddy field. In some cases the farmers cultivates but during night time the stray cattle’s destroy the paddy field  which disappoint the farmers from cultivating. Secondly in some cases the land holding are small and segregated and it is  surveyed  accordingly,  cultivation of which  find difficult and  uneconomical for the farmers which  sometime also  result in keeping the land fallow. Collapsed embankment ( Bandh )  due to which the saline water enters into the field, Sluice gate opened by the fish folk at khazan land, Release of sewage water by big residential complex into the paddy field sometime results in keeping the land fallow.  Government should  have studies these problem first before introducing any amendment as the problem have to be solved permanently. But from the intention of the Government in introducing the present amendment there is not intention of the government to solve problems but to create problems.



                                 Time limit for Applications

By way of the said amendment the government has introduce section 60C by which  three  year time limit has been put  to file tenancy cases  under section 7, 7A, 8, 8A, 10, 11, 12, 14, 18,18A, 18B, 18C, 18E, 18F, 18G, 18H, 18J and/or 18K. The inserted section reads as under  No Court of Senior Civil Judge shall entertain any application under section 7, 7A, 8, 8A, 10, 11, 12, 14, 18, 18A, 18B, 18C, 18E, 18F, 18G, 18H, 18J and/or 18K of this Act unless it is filed within a period of three year from the date of commencement of the Goa Agricultural Tenancy (Amendment) Act, 2014.” This mean no tenant will be in a position to filed tenancy cases after three  years from the date when the amendment receives the assent of the governor. Why the burden is put on the tenant to file cases and why not on the landlord if they are aggrieved.  



The factual scenario in Goa is that after  Administrative Tribunal  Judgment passed in Tenancy Revision Application  No.71/96 (Dr. Rui Tito Vaz v/s Agusta Simoes )  and 9 other connected cases  the Tribunal held that ‘The mamlatdar should first conduct inquiry under section 7 under  the Agricultural Tenancy Act and thereafter decide the proceedings under section 18C


The judgment discusses that no separate survey was conducted under the Agricultural Tenancy Act hence the survey conducted under the Land Revenue code cannot be made applicable to the tenancy act. As per the judgment it can be concluded that  mere figuring of name in survey record  one is not entitled for tenant ship, but one has to get himself/herself declare as tenant in respect of the portion he or she cultivate. Which means every tenant even whose names are  figuring in the survey records are not tenant  and they have to file tenancy cases for declaring them as tenant? That based on the said judgment most of  the 18-C cases which were sue- motto initiated by the government have been closed/discontinued.  The judgment vitiates the entire tenancy act and the 5th amendmentto the Agricultural tenancy act which are even  included in the IXth Schedule of the constitution and has given special protection. By way of 5th Amendment to the Agricultural Tenancy Act Chapter IIA has been introduce to the Agricultural Tenancy Act . Section 18A which was introduce by way of 5th Amendment to the act says that “Tenants deemed to have purchased lands on tillers day” that is from the year 1976 in which year the 5th amendment to the Agricultural tenancy act came into force. But till today most of the genuine tenants who are still tilling the land are yet to become the owner, are yet to get the benefit of the law. Why the government is not coming out with an amendment to give relief to these tenant?   Why the government is not  resolving this problem?



The further question arises after the amendment are as follows.   What about the fate of 18-C cases in which some of the tenant have paid their purchase price but Sanad have not been issued to them. What about those 18-C  cases  in which  Judgment is passed by the Mamlatdar but the purchase price is not paid,  what about those 18-C cases  in which  judgement is passed but not signed by the concerned Mamlatdar and what about those cases in which payment is made, sanad is issued but mutation is not done? The government had to answer these questions before proceeding with the amendment.



Now the question is if a tenants name is figuring in the survey record conducted under the land Revenue code, however he/she  has not filed application within the stipulated time as mentioned in the amendment? Does  he/she cease to be tenant  or cannot he or she claim the benefit of tenancy Act?  Why the government has not given any  clarification to that effect in the amendment /why it is not implementing  or making effort  to make the genuine tenant as owners as per the 5th amendment to the agricultural tenancy act.  The Goa Government particularly the revenue Minister had to answer these question and should come out with a concrete solution.



                              Change in  Jurisdiction

The new amendment proposes to change the jurisdiction of tenancy cases from the Mamlatdar court  to Civil Senior court may be with a intension to expedite the matter. But any study was done before such an amendment  as to why the matters were getting delay before the Mamlatdar, the answer may be in negative. Is there any guarantee that after the matters being transferred to the Civil Court  will they be  disposed of in a time bound manner. Certainly no as our civil court are already overloaded with Civil cases. Moreover the proposed amendment empowers the civil  Court to try and decide   tenancy cases which means the tenancy cases pending before the Mamlatdar of Dharbandora  had to be transfer before the Sanguem  court.  Even the tenancy appeal pending before the Dy-Collector of Canacona and Quepem had to be transferred to the District Court Margao. The litigation in civil court will be more costlier then that of Mamlatdar court  which again instead of doing justice to the poor farmers will do more injustice.

I agree that in some case the tenancy cases used to get delayed and there are many reasons for the same. First  most of the time the Mamlatdars  are busy with  administrative work and give less importance to tenancy or mundkar cases as a result hardly effective hearings in such cases take place. Secondly Sometime they are being transferred abruptly and the replacement take months  together. Sometime the mamlatdar are  given  two or three additional charges. Thirdly  in most of the case the  appointment of Mamlatdar is done on influence (either political or those who can pay  more) rather than merits which hampers competency of the Mamlatdar. These are some of the  factors that are  responsible in delaying the cases.  That without finding the reason  and without studying the ground realities transferring the jurisdiction from one court to another court is not a solution. It will only defeat the beneficial purpose of the legislation. 

Solve the issue once for all
Why government by way of amendment is not trying to simply the procedure under the Agricultural Tenancy Act or under the Mundkar Act as after being declared the tenant /mundkar had to file  an application for purchase, then again an application  for mutation, and except for mutation every time  the tenant/Mundkar had to serve the bhatkar  in which case lot of time and money of the have-nots get wasted.

The Governor should have a broad thought before signing the present amendment. The government should make sincere efforts to  solve and come out with such a amendment which will solve the tenancy   problems of the poor farmers once for all. Is there such a intention on the part of the present government certainly no. It appears that the government wants to create problem so as to make the poor poorer and the reach richer.
 

Thursday, 25 September 2014

Tribute to Antonio Fernandes

It’s scientifically proved now, DNA report arrived from Hyderabad. It confirmed that the portion of the body found on highway in Mapusa in early May 2014 is indeed of missing Antonio Fernandes, an employee of River Navigation Department, Government of Goa posted at Amboi-Vanxim Ferry boat hailing from Caranzalem, Panjim.


It has also been confirmed that Antonio Fernandes was tortured to death after he went missing on April 4, 2014, the time when election code of conduct was in force in Goa for Lok Sabha elections. Post mortem report also reveals that Antonio was gagged and suffocated to death. But this is not all. He was killed by dismembering. His both legs were cut, his abdomen cut was being chopped off part by part. The murder like this can be carried on only, his both hands cut. His eyes torn apart and badly injured, his jaws hammered, his head injured. He definitely must have suffered acute bleeding as his body by person or under directions of person with advance level of satanic possession.

The intention of the killing and the identity of the killer are still not confirmed by Police and no arrests are made so far.

Two days after he went missing from Vanxim Ferry his two wheeler was found abandoned in Dhargal, Pernem. Police attached to Old Goa Police station did not take dog squad to the spot of the bike for reasons best known to them. This may either be the case of gross negligence on the part of Police or may be even something worse – active collaboration in the crime by refusing to record evidence when it is readily available at the site of the abandoned bike. This act of omission on the part of Goa police does not contribute to boosting public confidence in Goa Police as far as detecting of crimes is concerned. Every such detail is a must to be looked for evidences and for the investigations and not what Goa Police attached to Old Goa Police Station did.

 On 20th September 2014 remains of the Antonio’s body was laid to rest in funeral services at Our Lady of Rosary Church, Caranzalem, near Panjim in Taleigao cemetery attached to St. Michael’s Church. This piece of writing is a tribute to Antonio Fernandes. His killers are still at bay even though over 85 people are reportedly questioned by Goa Police at Mapusa Police Station. The horrendous nature of this murder has not only shocked his wife Maria, her sisters, her father and her loving Mother who just passed away couple of days ago out  of shock, young three children of Antonio, his brother, sister, cousins, relatives, friends and also number of people across the State of Goa and Bharat Mukti Morcha.

The murder has contributed only to further strengthen the notion that Goa is a sophisticated lawless state. Criminals in Goa can not only go scot free but they will not even be booked for not only for petty crimes but also for heinous crimes like Murder. And what a way Antonio was murdered. His murder by dismembering can be compared to the death of Graham Stein and to Jesus Christ both of whom were tortured to Death. Graham Stein was along with his two young sons was burned alive in Orissa by member of Bamani outfit. While Jesus Christ was tortured and then crucified. St. Lawrence was baked to death for gathering poor of the Rome and telling the Roman Emperor that Poor constitute wealth of the Church instead of Gold, Cash, diamonds, Silver etc. Rosa Luxemburg was dismembered and killed in Russia for exposing communist obnoxious anti-intellectualism. Chatrapati Sambaji Maharaj, son of Chatrapati Shivaji Maharaj too was cut including his tongue and ears into pieces as per law of Manusmriti and his body parts spread out in various places. Chatrapati Sambahaji Maharaj as well as Chatrapati Shivaji Maharaj worked against bamon Raj and both of them were killed by Bamani conspiracy.  And Goa has a Bamon as a Chief Minister who is also Home Minister Manohar Parrikar.

The very fact that Antonio Fernandes was picked up in broad day light, and tortured to death confirms the degraded state of law and order situation in Goa. This case proved conclusively that Goa is a torture chamber where mulnivasi people can be abducted and chopped into pieces, put into deep freezer and whenever needed can be thrown on the road. And when police had the opportunity to detect criminal they do not press dog squad in service. Under whose directive did police carried on this act of omission is no known but ultimate responsibility rests with Home Minister who is reputed to follow up certain criminal cases minutely. If Antonio was a Bamon and was cut into pieces would Chief Minister keep this case on low priority or no priority? Sure not. Goa government that is Bamon Raj government understandably treats mulnivasi people of Goa as cows, goat, fowls, and pigs at slaughter house. Just the way the killer of Antonio does.

The priest at the funeral service Fr. Lawrence Fernandes remarked that Antonio’s murderers will never be detected for there is no justice in this World. But family members, relatives, friends and Bharat Mukti Morcha are very determined that the killers of Antonio be detected, arrested and put on trial in the Court of Law.

The murder of Antonio has created deep mental, emotional and social wounds. They can be healed only after the killers of Antonio are brought to books. Since police system has failed to detect and arrest the Killer, family members have placed the matter before God the Almighty for him to take things under his control. At the miraculous Holy Cross at Vanxim plus procession of Our Lady of Miraculous Medal statue from Navelim, Salcete and couple of times Latin Mass celebrations held will yield the required results; for Killer can fool around with humans and even law enforcing agencies - as the present case – but not with God who is Omnipotent who is Alpha and Omega (the Beginning and the End). The results are awaited very soon. Watch and Wait (the very act of every detail of our life is known to God). Nobody can fool. Even a leaf will not move without His command.

Funeral was largely attended, yet the family member of Antonio remarked “I was expecting a bus load of people from Vanxim to come for the funeral of Antonio Fernandes”. Antonio worked on Vanxim launch (gasoline) for couple of years. We should live as complete human beings having concern of whatever happens around us. This is called Humanity. Let us not live selfish.

The details of Antonio’s death were shown on TV channels plus the print media where many people have seen and read the same. People should have made lot of letters to Home Minister who is also our Chief Minister Manohar Parrikar questioning him on what he has done on such a brutal murder case that of Antonio. Is CM protecting the killers of Antonio Fernandes? Where are we Goans heading for? Is this called as brotherhood? Do we value human beings especially as Goans when we are so richly called as hospitality people? (here the word ‘Goans’ does not include bamons who are Eurasians and ruling over Mulnivasis through conspiracy).

People with integrity will never remain without doing the above. It is required my people of Goa. Let us remain awake for such a cause of humanity.

Now as the family members are proceedings with this matter to CBI let us all pray daily in our personal prayer, family prayer that the culprits are brought to books as per God’s plan.

Maggie Silveira
President

Bharat Mukti Morcha, Goa State

Saturday, 23 August 2014

VASCO POLICE BRUTALITY AGAINST INNOCENT PEOPLE


Naveed Sheikh's back after police torture at Vasco Police station
You all must have read in the Newspapers in Goa that four (4) persons from Vasco namely, Mr. Jafer Shaikh, Mr. Naveed Shaikh, Mr. Kasim Havaldar & Mr. Durgesh Surli have been arrested by the Vasco Police on 14th Aug. 2014 in connection to the stolen car dealing. The whole Vasco knows that these accused are neither Criminals nor Robbers, they are the law abiding citizen of Vasco. One of the innocent accused Mr. Jafer Shaikh is the dealer of second hand Four Wheelers. He never knew that the car which they are dealing was a stolen one. The actual seller said to Jafer that the car is a dummy piece of Showroom which they are getting in a cheaper rate and asked Mr. Jafer to find out a customer. Mr. Jafer told to Mr. Naveed and he told to Mr. Kasim and Mr. Kasim told to Durgesh. 


Naveed Sheikh, the recipient of police third degree treatment at Vasco Police station
They never knew the actual seller except Mr. Jafer and they were only a mediators. Days were passed and all of them forgotten about this car deal. Finally Mr. Durgesh, an SC brought a customer to purchase the said vehicle. Mr. Durgesh pressurized Mr. Kasim and he pressurized Mr. Naveed and he pressurized Mr. Jafar for a deal. Till now these four innocent accused were not known that the car was a stolen one. The deal of Car was kept on 14th Aug. 2014 in the evening by the purchaser. Finally Police arrested all these four innocent accused during night. Police without uniform attacked Mr. Naveed mercilessly with fits and blows. Mr. Naveed thought that the gang of Gundas might have attacked him and he tried to escape. When he was brought to the Police Station then he came to know that they were the Policemen. All these four innocent accused were brought to the Vasco Police Station to fall prey to the brutality of Police in Uniform and were mentally tortured and particular sections of IPC were robbery were forcibly imposed on them. Mr. Naveed was tortured with third degree in a Police Lock-up and he received severe injuries on his back. Wooden stick was sorcibly pushed inside his annus. Naveed was also hit on the bottom of his leg sole. He was further tormented by accusing him to be ISI agent. Now he cannot hear properly and got severe pain in his left ear. Bamon Raj wants to condemn mulnivasi muslims as ISI agents and as terrorists so that hate is generated and OBC, SC and ST are united to accept Bamon leadership.


One of the innocent accused Mr. Jafer has given the name and Telephone No. of the seller to the Police. But Police failed to trace him. The actual culprit is still at large and the innocent are harassed in a Police Lock-up. Day-by-day the crimes are getting increased in our Goa State because the Goa Police failed in arresting the real robbers - the kingpins - and instead are harassing a law abiding innocent citizen. Police Department is not bothered to curb the increased rate of crime but they are more concerned about their promotion and to receive a medals by the Department. One wonder why this same treatment is not allotted to Audooth Timblo whom Court has confirmed to have been using banned explosives for mining purpose on Hiralal Khodidas mine in Colamb, Sanguem? Why till date there is not even a criminal case registered? It is because he is a Bamon? Is not State of Goa functioning based on Manusmriti that protects Bamons?


On Monday 18th Aug. 2014, Bharat Mukti Morcha Vasco convener Mr. M. Saleem went to see these four innocent accused, but he was not allowed to meet them, instead harassed by Investigation Officer Mr. Nikhil Palyekar saying whether he might also involved in this crime. This is the way our Policemen torture common persons to demoralize the Society. How come a law abiding citizen could believe these policemen in Uniform when they behave as goondas? As is the reason the real culprits get scot free and common people are being targeted as a Criminals. Police Department is more responsible for increase in crime. We the citizen of Goa condemn such type of Police brutality in lock-up. The family members of these accused were kept in a dark and they too were not allowed to meet their family members in lock-up. Only innocent people are the criminals in Police eye. Police should not forget that they are not the decision maker but they are only the Public Servant.  One may not be wrong that it may be the Home Minister that has got police to behave in this particular manner.

All four innocent accused were released on bail on Tuesday, 19th Aug. 2014. Even while of their release on bail the Policemen in Uniform threatened them saying whether anywhere in Goa any kind of robbery takes place they will be brought to Police Station for torture. Now, these four accused are in a fear and panic that Police may arrest them in any time. 


We request all the citizen of Goa to stand up with the innocent people against Police Brutality. Concerned authorities are requested to take legal action against the so called Policemen to curb the barbaric acts on innocent in lock-up and make sure that such type of incident should not happen in future. And guilty police officers are punished.

What is more dangerous in this episode is that innocent people are implicated in the case, arrested  and then taken their pictures and published in market places and declared them as robbers even before the trial. further they are being additionally targeted because they are Muslim mulnivasis. If they were Muslim Bamons they would have never been implicated, arrested and defamed as robbers in Vasco market. One of the persons who carried on beating and kicking and third degree torture was a home guard who was put on duty on Thursday night. This home guard already had grudge against Naveed for refusing to salute him on taxi stand in Vasco when all other taxi drivers salutes him.


There has been systematic attempt to brand Muslims in India as terrorists and as ISI agents. In Goa too there are attempts from Bamon rulers and newspapers. Bharat Mukti Morcha had exposed this attempt by 'Goan' newpaper owned by mining company Fomentos few years ago in collaboration of the Chief Minister of Goa who is an RSS (Racial Superiority System) cadre. You may read up by clicking here.


Bharat Mukti Morcha calls for urgent Judicial investigation on the conduct of police and home guard at Vaso police station that resulted in torture of Naveed. Bharat Mukti Morcha expresses support with Naveed and his family who is currently undergoing fearful days. Minority Bamons are ruling Goa and they have turned police department as an extended arm of their agenda and self interest. Rightly so Dr.Babasaheb Ambedkar set fire to Manusmriti in Mahad in 1927, December 25 and we need to set it on fire in Goa every breath of our lives.

Tuesday, 19 August 2014

Goa Electricity department buckles under corporate and Bamon Raj pressure


 Resorts to confidential public correspondence

Goa's electricity department has taken unprecedented step of engaging with Maggie Silveira in Confidential correspondence. The matter that is subject of correspondence has been aggression and threats issued by Manoj Parab of Vanxim and a government servant. More details on this incident of July 29, 2014 is available. Do click here.  The letter from Electricity department has been reproduced here in public interest.


CONFIDENTIAL
No. 2-4-80/(116)/CEE-CNF/(N)/64
Office of the
Chief Electrical Engineer,
Electricity Department,
Government of Goa,
Vidyut Bhavan, 4th Floor,
Panaji – Goa.
Dated:  08/08/2014.

To,
Mrs. Maggie Silveira,
Vanxim, Diwar,
Ilhas – Goa
Sub: Complaint against Shri. Manoj Parab, an employee of this Department.
Ref:- Your letter dated 31st July, 2014.
Madam,
This office is in receipt of your complaint letter dated 31st July 2014 on the above subject matter and it is to inform you that the dispute seems to be of property matter and the incident occurred on 29th July 2014 i.e. Public Holiday.
In this regard, you are kindly requested to take up the said matter before the appropriate Court of Law for settlement. If any complaint has been lodged against the said Shri Manoj Parab before the Police Authority, a copy of the same may please be furnished to this office for further needful action.

Yours faithfully,
Sd/-
(S.P.Signapurker)
Dy.Director (Admn.)
Copy to:-
1)      File No.2-4-80/CEE-CNF/(N)/
2)      Guard File.