This below is an extract of leaflet distributed during last Panjim Assembly Elections by Independent Candidate Sadanand Vaigankar of Goa
Kull and Munkar Sangarsh Samiti.
You may be aware that Manohar Pant on 27th
September 2014 in the name of amendment to the Agricultural Tenancy Act created
new law for the protection of landlords, and all the tenants and mundkars have
been pushed into misery.
By amending section 4 (a) of Agricultural Tenancy Act
government has granted ownership rights to landlords. Via section 46 (b)
Tenants are told to approach Civil Court to claim their ownership rights. Via
section 60 (c) Tenants are told that in case they intend to approach the Court
then they must do it within 3 years. After that tenants will have no right to
knock the doors of the Court.
This amendment is opposite of Tenancy laws of 1964, 1965 and
1975. Section 4 (a) of The Agricultural Tenancy (Amendment) Act, 2014, Close
4A Contract farming – (1)
Notwithstanding anything contained in any other provisions of this Act, any
person may by an agreement entered into in writing with the landlord or an
owner of the land, and duly registered with the Sub-Registrar of the Taluka
within whose jurisdiction such land is situated, cultivable, or undertake and carry
out any agricultural operations upon, such land.
By this provision landlords can take all the land and strip
tenants of all the rights. Most of the landlords are Bamons and almost all the
tenants are mulnivasis. The intention of this law is to handover land control
to Bamons, thereby ushering intensified rule of Bamon Raj i.e Manusmriti.
In opposition to this law Tenancy Act, 1964, section 7 and
as per the government circular dated 20th December 1995 under no
circumstances landlords can get these lands back. Even land abandoned by
tenants cannot be reverted back to landlord. Who should get these land is also
well set by section 18 J of the above cited government circular.
Circular
“ A question has
arisen as to whether a tenant who is the deemed owner of land under the Goa,
Daman and Diu Agricultural Tenancy Act, 1964 (Act 7 of 1964), can revert the
land back to the original landlord.
The matter has
been examined and it is hereby advised that
under no circumstances can a tenant under the Act, 1964 revert the land back to
the landlord but the land shall be disposed off in the manner provided in
sub-section (2) of section 18 J of the said Act, 1964.”
A Cardozo, Under Secretary (Revenue) to the Government of
Goa.
Panaji, 20th December 1994
Parrikar’s new law is in complete opposition to the existing
law. Section 4 (a) is meant to cheat, loot and against the interest of the
tenants. Within this one section Parrikar has destroyed 1964 and 1975 Tenancy
law. Through the new pro-landlord law section 46 (b) Parrikar has fixed that
tenancy cases will be filed in session court alone. But as per section 58 of
Goa, Daman and Diu Agricultural Tenancy Act, 1964 no Court has jurisdiction to
settle, decide or deal with any question which is by or under this Act.
“Section 58. of
Goa, Daman and Diu Agricultural Tenancy Act, 1964 – (2) save as provided under
this Act, no Court shall have jurisdiction to settle, decide or deal with any
question which is by or under this Act required to be settled, decided or dealt
with by the Mamlatdar, Tribunal, Collector or Government and no order passed by
these authorities under this Act shall be questioned in any Civil or Criminal
Court.”
Under Section 46 (b) no tenant will get Justice in Session
Court. This is because 95% of tenants does not posses their receipts, their
names are not entered in Form I & XIV, someone else’s name is entered in
Form I & XIV as tenant. It is next to impossible to get witnesses in the
Session court. Court will not be able to go and inspect the paddy fields and
investigate, for it has no powers to do so. And most importantly tenant has to
search and get Opponent landlord. From where the landlord of he two-three
generation past will be found by the current generation of tenant to be
presented in the Court as Opponent? If Landlord is not presented as Opponent
then Court will not accept the case for hearings.In this circumstances no
tenant will get Justice. After expiry of three years landlord will personally
take over the land.
Under section 60 (c) Manohar Pant (Pant is a title used
exclusively in Bamon kingdom of Peshwayee in Pune that was destroyed by Mahar regiment of British empire in bloody war
of 01/01/1818) speaks of providing speedy justice to tenants.
25 years ago BJP set up its shop in Goa. It was then BJP’s
first elections. From that day we fought thousands of agitations, so many
marches (yatras) went criss-cross Goa. In 2000 BJP government was formed in Goa
under Parrikar’s leadership. Yet for
past 25 years Parrikar has not launched a single agitation to get Justice for
Tenants, never thought about their rights.
For past 25 years we have not worked for any political party
except BJP. We have not voted for any political party except BJP. In this
context we cannot question Congress. We are questioning Parrikar. Fro past 50
years tenants in Goa have been denied Justice. Of these Parrikar is responsible
for 25 years. If he wanted then through agitation, could have pressurized any
government in power and helped tenants to attain Justice. He was the leader of
the opposition for past so many years. So, then why he never raised the issue
of tenants to government in power?
In March 2012 BJP government was established why he thought
of amending tenancy law after two and half years, after Lok Sabha Elections
concluded? He was thinking that public will not understand the conspiracy
behind this two-and-half years of silence. He knew if he had to bring amendment
then it would have negatively affected both the Lok Sabha Seats in Goa.
The Second question, Parrikar used to make public statement
repeatedly that people should ‘frame BJP’s Assembly and Lok Sabha Elections and
hang on wall’. But in these manifestoes nowhere has he mentioned that he is
going to invent Tenancy law and usher in Landlordism that is Bamanism. This he
concealed intentionally from Goa’s Bhahujan Samaj.
Mostly Tenancy lands are under control of Bhahujan Samaj and
Parrikar has betrayed them. This they have not realized till date as Parrikar
has driven them to misery. Eyes of Bhahujan Samaj are blindfolded with numerous
government schemes. They will not stay blind for long. The day the eyes of
bhahujan Samaj will open Parrikar will realize the power of Bhahujan Samaj.
They have not yet understood that the so many welfare schemes that Parrikar has
implemented has dished out money that are siphoned off from the pockets of
bhahujan samaj itself are returned as schemes.
At Central government level after BJP came to power with
absolute majority Narendra Modi has smashed he backbone of farmers. In order to
create misery Modi repealed two important legal safeguards on 1st
January 2014. Prior to this farmer was legally safe and secure. In one legal
provision it was maintained that if government want to acquire farm land of
double crop variety then it was mandatory for the government to take permission
of 80% of farmers. After that as a compensation government had to pay 4 times
of the contemporary market rate; it was mandatory that while giving this
compensation also pay 100% interest for a year.
The second legal provision that was repealed was farmers’
right to challenge land acquisition in the Court of Law. Now both these
safeguards are done away with and state can acquire any land at any price and
farmers will have no right to challenge in the court of law.
Now if any farmer securely engaged in his farming business
and his land is confiscated, what should this farmer do at this moment?
No comments:
Post a Comment