Call to repeal of The Goa Agricultural Tenancy (Amendment) Act, 2014

Date: 27^th March 2015

1 To, The Governor, Government of Goa Dona Paula, Goa	2 To, The Speaker, Goa Legislative Assembly, Porvorim, Goa
3 To, The Chief Minister, Government of Goa Secretariat, Porvorim, Goa	4  To,    The Minister of Law, Government of Goa, Porvorim, Goa
5 To, The Chief Secretary, Government of Goa, Secretariat, Porvorim, Goa	6 To, The Secretary (Law) Government of Goa, Secretariat, Porvorim, Goa

Subject: Call to repeal of The Goa Agricultural Tenancy (Amendment) Act, 2014

Madam/Sir,

We write to your office to express our strong displeasure on passing of The Goa Agricultural Tenancy (Amendment) Act, 2014 by Goa Legislative Assembly and call for its immediate repeal. This legislation - published in Official Gazette, Government of Goa in Series I No. 26, Panaji, 25^th September, 2014. Passed by the Legislative Assembly of Goa on 21-08-2014 and assented to by the Governor of Goa on 23-09-2014. (Goa Act 19 of 2014) [23-9-2014] - has completed six months and it has only created sense of social discrimination and segregation in Society.

The Goa, Daman and Diu Agricultural Tenancy Act, 1964 which was passed 50 years ago had the objective in mind relating to social engineering in the Union Territory of Goa. Its main social objective though unstated was to shatter the discriminating and intimidating methods adopted to control land of the Goa’s majority people i.e Bhahujan Samaj by the minority people i.e Bhatkars – the so called landlords.

The passing of the Amendment in the Goa Legislative Assembly without discussion and debate on such a massive matter points out that Goa’s MLA’s from all the Political Parties as well Independents have ceased to represent interest of the majority of the population of Goa – the Bhahujan Samaj.

The Goa State Legislative Assembly which was headed by the then Chief Minister Manohar Parrikar came all out to destroy Goa fully by the Amendment of 1964 tenancy law that protected the tenant which was passed within few minutes on 21-08-2014 by the manipulations of then CM, Ministers and other Legislators as they all remained with their mouth shut.

We wish to point to you that the social discriminations and segregation process triggered off after passing of this law is as grave as the laws such as Native’s Land Act of 1913 that prevented Blacks, who comprised more than 80 per cent the population, from freely buying land and progressively restricted them to live in the least fertile 13 percent of South Africa.

This process has already set off in Goa as the status of most of Bhatkar’s the so called landlords in Goa and Whites in South Africa is similar in race relations to natives of the respective places leading towards race discrimination that extends into siphoning of the mulnivasi people’s land.

Section 4A is included in order to provide for contract farming through 2014 Act. There was no provision for contract farming in 1964 Act. This law subtly and covertly seeks to transform all the indigenous people as their slaves. This law of 2014 that is re-enforced hugely going to affect the people specially the mulnivasis (SC, ST, OBC and other indigenous peoples).

Whereas the powers that were given to Mamlatdar, Collector and Administrative Tribunal taken away by 2014 Amendment. A provision for Tribunal too has been quashed off. The Amendment passed at the Goa State Legislative Assembly on 21^st August 2014 the power is transferred to Court of Senior Civil Judge. The Litigation in Court of Senior Civil Judge is a costly affair for tenant.  In addition government has retained the power to give directions to the Court of Senior Civil Judge thereby compromising the independence of Judiciary.

By adopting the policy of contract farming the so-called landlord is made powerful and tenant is made powerless with nil entitlements of creation of tenancy in contract farming land. Landlord can enter into agreement of contract farming except in cases of disputed lands.

Provisions of litigations in the 2014 Amendment has ensured that tenants will lose their lands and so called landlords will have regained control over land in the matter of three years of which six months are already gone by. Within this period tenant has to file case in the Court of Senior Civil Judge.

The Purchase price after this amendment is determined by Court of Senior Civil judge instead of Mamlatdar.  Powers of Mamlatdar are taken away and bestowed on Court of Senior Civil Judge.  Civil and Criminal Courts were forbidden to interfere in the matter of this Act but the Amendment has substituted this crucial section 58. 

This Amendment is passed in the Goa State Legislative Assembly to fool people. Whereas the people are fully aware of the consequences waiting we request your kind office to push decisively to repeal the Goa Agricultural Tenancy (Amendment) Act, 2014 with immediate effect.

Thanking you and awaiting your response.

Yours Sincerely,

  Sd/-

Maggie Silveira

Convener, Bharat Mukti Morcha, Goa State Unit

 Sd/-

Sanjay Pereira

Convener, Bharat Mutkti Morcha, Cacra unit

  Sd/-

Rohidas Andrade

Convener, Bharat Mukti Morcha, Bambolim unit

 Sd/-

Soccoro Braganza

Convener, Bharat Mukti Morcha, Siridao Unit

 Sd/-

Anthony Cardozo

Convener, Bharat Mukti Morcha, Curca Unit

 Sd/-

Sitaram Pereira

Convener, Bharat Mukti Morcha, Odxel Unit

  Sd/-

Milind Palkar

Convener, Bharat Mukti Morcha, Nauxi unit

   Sd/-

Chandrakant Lotlikar

Secretary, Bharat Mukti Morcha, Siridao Unit         

  Sd/-

Deu Kankonkar

Secretary, Bharat Mukti Morcha, Nauxi Unit

  Sd/-

Jeronio D’Souza,

Secretary, Bharat Mukti Morcha, Siridao Unit

  Sd/-

Vishnu Kankonkar

Secretary, Bharat Mukti Morcha, Bambolim