17 CHAPTER 2 ORIGIN AND HISTORICAL DEVELOPMENT OF COMUNIDADE SYSTEM 2.0 Introduction The subject of this study is a very ancient institution at present called as the “Comunidade” System. But this ancient system over the centuries has witnessed the change in its nomenclature. According to Dr. Efrem D’Sa “Communidade is a Portuguese appellation for “Gaunkary”, an indigenous ancient association of a community of villages. This system only exists in Goa. The Comunidades are independent and economically self-reliant institutions. It is a source of self-identity of the indigenous natives of Goa. The Comunidades are administered and governed by their own private laws based on usage and customs which evolved over thousand of years (Code of Comunidade). These private lands of the Comunidade belong to its native constituent members. 1 According to Adv. Andre Pereira “The word ‘COMUNIDADE’ is a Portuguese appellation for GAUNKARY. A Gaunkary means an indigenous ancient association as a community of villagers and represented by men from the first settlers or inhabitants of Goa inter alia with inherited common contractual responsibility in a given locality. Rules were made to carry out common duties/obligations in order to promote their own welfare and that constituted its society. The unspent and unreserved revenue earned during the year in the course of providing social welfare measures is shared or distributed proportionately among Componentes of the Gaunkary on a year to year basis as per provisions of the Code.” 2 According to this scholar “A Gaunkary means an indigenous ancient association as a community of villagers and represented by men
Transcript
17
CHAPTER 2
ORIGIN AND HISTORICAL DEVELOPMENT
OF COMUNIDADE SYSTEM
2.0 Introduction
The subject of this study is a very ancient institution at present called as
the “Comunidade” System. But this ancient system over the centuries has
witnessed the change in its nomenclature. According to Dr. Efrem D’Sa
“Communidade is a Portuguese appellation for “Gaunkary”, an
indigenous ancient association of a community of villages. This system
only exists in Goa. The Comunidades are independent and economically
self-reliant institutions. It is a source of self-identity of the indigenous
natives of Goa. The Comunidades are administered and governed by
their own private laws based on usage and customs which evolved over
thousand of years (Code of Comunidade). These private lands of the
Comunidade belong to its native constituent members.1
According to Adv. Andre Pereira “The word ‘COMUNIDADE’ is a
Portuguese appellation for GAUNKARY. A Gaunkary means an
indigenous ancient association as a community of villagers and
represented by men from the first settlers or inhabitants of Goa inter alia
with inherited common contractual responsibility in a given locality.
Rules were made to carry out common duties/obligations in order to
promote their own welfare and that constituted its society. The unspent
and unreserved revenue earned during the year in the course of providing
social welfare measures is shared or distributed proportionately among
Componentes of the Gaunkary on a year to year basis as per provisions of
the Code.” 2 According to this scholar “A Gaunkary means an indigenous
ancient association as a community of villagers and represented by men
18
from the first settlers or inhabitants of Goa inter alia with inherited
common contractual responsibility in a given locality.3 For Mr Servo
Fernandes “Comunidades is a age old institution which exists from times
immemorial. The original name of this institution is called Gaunkary and
its members or components are called Gaunkars. They are owners of the
land. There exists a Comunidade or Gaunkary in each village/town in
Goa. During the Portuguese regime the name of this institution was
changed as Comunidades. The Portuguese Government formulated the
written law as Code of Comunidades, and thus the name of Comunidades
came into existence and hence many wrongly think that this is a
Portuguese Institution. The Portuguese have only changed its name after
framing the unwritten law that ruled the Comunidades/Gaunkary into a
written law the Code of Comunidades. It is an Agrarian Institution.” 4
According to Mr. Luis Antonio de Souza “The assets of the Comunidade
of which its land is its primary component is unalienable by nature by its
very character of existence. The Comunidade is an indigenous institution
which has existed over the millenia”. 5
According to Mr. Hector Fernandes “Comunidade is a Protuguese word
to local Gaunkary or Gaumponn system which in English would mean
Commune/Community. It was charged with the governance of the village
owned by it having under its care the welfare and socio-economic
development of the village. The comunidade governance stands
compiled or codified into a code which is a fine specimen of codification
of ancient laws of customs and usage of the local people. The
comunidade is the oldest living institution which merits to be given the
status of Heritage of India.” 6
19
Mr. Policarpo D’Souza states that “Comunidades is an institution of
agricultural society. Originally it was known as ‘Gaunkari’, but the
Portuguese named it as Comunidades when they codified its provisions.
The developed land is granted for cultivation for a period of 3 years by
way of auction. Only one person cannot be benefit but by way of
rotation, different members are given an opportunity to cultivate land and
earn their livelihood. Wherever agriculture is not possible then that land
is granted for housing and other such economic purposes.” 7 Hence the
system now called as the Comunidade and which was earlier known as
Gauncari is primarily an agrarian system of rural governance and
management.
2.1 Origin of Gaunkarias/Comunidades
Palaentology, Archeology, Anthropology and other scientific disciplines
have shown that human hordes have been moving across the vast tracts of
the Afro-Euro-Asian landmass for thousands of years and had gradually
settled down in different parts of the world and wherever they settled,
they established institutions similar to Goa’s Gaunkari or Comunidade
System, by occupying lands under the regime of joint ownership. The
rise of these communitarian institutions in the tribal era of human
development was part of human evolution and movement towards
civilization. Thus Collectivistic or Communal Ownership of land
institutions were seen in the ancient times from the Easternmost
boundaries of China to the borders of Europe till the Atlantic Ocean, and
probably in the North African regions. These commune systems were
essential for human survival and development and hence rose out of
human need and necessity. Thus the pre-Confucian Chinese Tsing tiem,
the Mongolian Bratskiyes, the Slavic and European Zadrugas, the
Russian Mirs, the Greek city-states all emerged due to the associative and
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collective necessity for survival and advancement. India also had similar
tribal commune systems for the same purpose. All these institutions had
many common characteristics and mostly consisted of agriculturists
associations for agricultural purposes. The main basis for these systems
of cooperative endeavours were the families and clans or tribes, generally
claiming descend from a common ancestors. They would strongly vounch
for common ownership and common unity were generally under the
command of one or more leaders. Common ownership of land and
resources signified their communion. These societies being mostly
patriarchal formed enduring associations in which the male descendants
acquired the membership of the Communes by birth. These Communes
which arose and subsisted during the agricultural phase of human
development performed legislative, executive and judicial powers for the
whole community. Thus these ancient communes almost invariably had
socio-political and socio-economic basis.
According to the anthropologists and palaentologists these Commune
institutions had their own characteristics, giving them unique identity.
They also generated their own philosophical, political and economic
concepts and institutions. Throughout the Indian sub-continent, including
in the period of flourishing of the Indus Valley civilization, there were
village associations geared to agricultural development for the survival
and prosperity of the villagers. These Indian commune systems persisited
during the ancient times but through the medieval and later during the
colonial period they declined and mostly disappeared except in the
remote tribal areas. It is only in Goa this commune system has been
witnessed not only at a wide regional area but also well into the modern
period and till date. Goa, isolated from the rest of India due to the
Portuguese dominion was able to carry on and maintain the continuity of
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the Commune System thus becoming a unique showcase of the ancient
ingenuity of the people in forming and living in a communal social setup
with common ownership as its great hallmark.
A scholar has traced the history of this system in Goa back to the
legendary past of the region called as Goa. Dr Olivinho Gomes states
“Legend has it that Parshurama shot an arrow from the Sahyadri range
and ordered the sea to retreat to the point where the arrow had landed.
The land mass thus created is Gomantak later known as Goa, which,
when the first settlers arrived was s strip of 105 kilometres in length by
60 kilometres in width; on the East the wall of the Sahyadri Ghats; on the
West the deep ocean; numerous rivers crossing it transversally; on their
banks, big deposits of silt brought about through centuries of erosion;
huge marshy lands awaiting human hands to turn them fertile;
overlooking the silvery water the hills with exhuberant greenery; vast
deposits of forest produce, rich orchards; game and fish in abundance; the
fountain waters chirping through the rocks; the climate humid and
equable; the rains in a mathematically regular rhythm as though an
intelligent power had ordained them so as to caressingly follow the
gestation of paddy crops that would come to be the main cultivation.” 8
Hence according to the legends prevailing in Goa, the large tracts of land
of Goa which are known for its greenery, sea and sand have a stamp of
human intervention of the ordinary people through their hard work. From
times immemorial human beings had been depending upon one another
for their survival and would come together and through collective and
cooperative effort maintain and manage land and resources in the places
where they settled. It is in a similar context that in the ancient Goa the
system of Gauncari came into existence for the survival of the local
settlers and inhabitants. This system now called as Comunidade was not
22
just a cooperative of farming societies in the Goan villages,but a system
of governance and management of land and resourses. This Comunidade
System was a socio-economic entity with a separate legal personality,
social sanction and political authority. The heads of the families and
clans of the early settlers were known as “Gauncars” and they having
settled on the fertile areas of Goa and its lowlying river banks had
appropriated the lands collectively and divided the produce and income
among themselves.
The association of the early settlers or “Gauncars” formed into a
collectivity known as “Gauncari” performed the functions of agricultural
development and also exercised municipal, civil and judicial powers.
These ancient associations of the villagers in Goa provided for the
expense of religious services, looked after public assistance and education
and settled all types of disputes and punished offences committed within
the village. They were a socio-political and economic basis for managing
the village thus raising the Goan villages to the status of Village
Republics.
According to scholars “These early “Gauncarias” have undergone many
changes. First their nomenclature was changed from ‘Gauncarias” to
“Comunidades” and then their very basis underwent change. Today they
have come to occupy the status of mere agricultural cooperatives mainly
as a result of the various enactments passed during the Portuguese
administration and after the liberation of Goa”.9
One of the important questions posed has been “How did the
“Comunidade” system originate in Goa?” This question has been
unsolved and many authors who have written about the nature and
working of “Comunidades” in Goa have relied more on anthropological
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data, archeological data and imagination to paint a picture of the early
beginnings of this ancient institution.
It has been written that “Most of the writers have considered that the
origin of “Comunidade” in Goa is not known. In one of the earliest
documents on “Comunidades” the “Foral de Usos e Costumers dos
Gaocares e Lavradores das Ilhas de Goa”, published on 16th September
1526, its author writes: “one cannot know the beginning of this
(Comunidades). However, in the Report of the Goa Land Reforms
Commission published in 1964, a reference has been made regarding the
origin of Comunidade in Goa. It is stated in the report that there is no
agreement among writers about the origin of the Comunidade in Goa. The
report, however, does not mention the views about which there is no
agreement among writers. The report narrates the story of the origin of
Comunidades in Goa thus: “It appears that some centuries ago, long
before Goa came successively under the domination of the Hindu rulers
of Kadamba dynasty, the Muslim rulers-Malik Hussein and his son
Sabain Dl-khan and lastly the Portuguese, a large number of families
from across the western Ghats, abandoning there original homesteads on
account of wars, epidemics or famines, came over and settled in Goa.
They formed themselves into cooperative association governed by heads
of families who were known at that time as “Gauncars”. The Gauncars
reclaimed and brought under cultivation marshy and other lands lying
waste in villages with the assistance of their dependents and the servants
whom they had brought with them. They appropriated the lands
collectively and divided the produce amongst themselves”. The above
text of the report gives one the impression that the early settlers or
“Gauncars” who migrated to Goa from across the Western Ghats,
founded the institution of Comunidade almost instinctively. If not, how
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did the early settlers get the idea of Comunidade system? Many writers
have agreed upon the fact that the institution of Comunidade in Goa is
living embodiment of the village community system that existed in India
in the past. Even the authors of the report have acknowledged the fact
that as described by Maine in his “Village Communities in the East and
West” community system similar to the comunidade system of Goa,
existed in one form or another in various parts of India. Nevertheless, it
seems that many writers, including the authors of the report, have failed
to establish a link with village communities prevailing in India in the past
and the Comunidades in Goa.”10
“Sir Henry Maine in his monumental work ‘Village Communities in the
East and West’ has made it quite clear that the Indian village community
was “a group of families united by the assumption of common kinship
and of a company of persons exercising joint ownership over land”.
Maine has further explained in his book that the Indian village
community was not merely a group of families exercising a joint
ownership over land, but it was also a group where the eldest male
members of the families jointly formed a council of elders or panchayat
and decided about almost al the affairs of the village on the basis of the
age old usages handed down to them from the past. Maine’s account of
the Indian village community very closely resembles to the system of
Gauncari or Comunidade that prevailed in Goa many centuries ago. Dr.
A.E. Punit, Professor of Sociology at the Karnatak University at Dharwar,
in his article “Gauncarias of Goa” published by ‘Kurukshetra’ has
indicated that the early Gauncarias of Goa in no way differed from the
early ‘Urars’ (village elders) of Karnataka or the council of elders
prevailing in order parts of India. Historians like Jayaswal, Shelvankar,
Chattopadhyaya and Kosambi have pointed the common ownership of
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land originated out of certain primitive tribal characteristics. Prof.
Chattopadhyaya has stated, “this characteristic of primitive pre-class
society, namely the common ownership of land, continued to persist as a
living feature of the Indian village communities.” It is, therefore, very
clear from the above instance of Indian village community that the
community system almost identical to that of the early Comunidades of
Goa existed in India in the past. The system originated in India out of a
blending between the Aryan and certain primitive tribal traditions. The
people who migrated to Goa from across the Western Ghats definitely
belonged to the above Indian village community system and when they
migrated to Goa they brought with them their traditional village
community system and established it in Goa. We cannot just think that
the origin of Comunidade in Goa is lost in the mist of past. The
institution originated in India in its long historical process and was
brought to Goa by its early settlers as their traditional institution. But
what is unique to-day regarding the traditional village communities in
India and the Comunidades in Goa is the total disappearance of the
institution in India and its survival, though in a weak manner, only in
Goa. Since the Comunidade is the only surviving representative of one of
the ancient Indian institutions it not only merits a detailed study but also
its preservation as an useful and important heritage of our ancestors. 11
History has it that a large number of people from across the Western
Ghats abandoning their original homes on account of wars or famines
came and settled in Goa. According to Olivinho Gomes “These first
settlers of Goa were reported to have crossed the Western Ghats or the
Sahyadri mountains that surround the lands on its eastern and northern
borders. They were the Mhars who were then not called by that name but
referred to originally as ‘Marang Horo’ which meant that of “the big
26
House” in the Goa of old. The Mhars were served as part of the devkarem
“Religious ceremony” meal among Brahmins in various places of Goa.
Like at Marcela, in the Devaki-Krishna temple, at Madkai in the
Navadurga temple and in some other Hindu temples in Goa. The honour
of performing the divzam lamp ceremony is accorded as an entitlement to
the Mhars. 12
He further avers that “The second settlement in Goa appears to be that of
the Kols another Protoaustraloid tribe. There are land sites in Goa named
after the Kols e.g. Kolmorodd in Navelim village, in Salcete taluka. The
power of decision making vested in the head of the village. Thus the
headmen of the twelve villages gathered together in a formal meeting for
collective decision making in a place that was designated “bara-zann”
which implies “twelve persons” in Konkani. 13
Olivinho Gomes suggests that “The third arrivals were the Mundas. They
apparently travelled from Orissa after crossing the Godavari and Krishna
Rivers through the Deccan plateau and after turning into Karnataka came
over into Goa from the south and the north.” He further adds that “The
Mundas were apparently called mundd (the Konkani mundd - an
munddkar as one who is given an allowance, ‘Munddak rav’ means to
work in the shelter of landed property).14
The scholars have opined that
“The Dravidians came later in Goa from their the Indus Valley
civilization area of North West India and moved over to Goa.” 15
Mr Olivinho Gomes further states that “It is also reported that much later
the Indo-Aryans comprising the Kshatriyas or Chaddhis and the
Brahmins or the Saraswat castes came along with their Vaishya-Vanni
and Sudra partners, who were also dislodged from their homes on the
banks of river Saraswati, and they all moved over as a composite
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community from that settlement and wandered over various parts of the
Western India through Rajasthan and Gujarat and finally into Goa, where
they met with the protoaaustraloid native inhabitants of the Konkan,
nmamely the Kols and the Mundas and related tribal stock, whose
descendants today are the Gaudas, Kunnbis and Vellips who are now
demanding tribal status.” 16
Thus scholars assert that “These immigrants made Goa their home and
hence are an integral part of India known for its communitarian existence
in the past. They formed themselves into co-operative associations
governed by heads of families who were known as Gauncars. It was these
Gauncars who reclaimed and brought under cultivation marshy and other
lands which were lying waste in villages with the assistance of their
servants whom they had brought with them. They cultivated the land
collectively and divided the produce among themselves. Wherever the
settlers settled they successively established the Gaunkari system,
occupying lands under joint ownership. This is how the small republics of
Goa came into being. Evidently they sprang up from the normal evolution
of man on its onward journey from the savage state to that of civilization.
The Gaunkari owned agricultural lands, coconut orchard, areca groves,
pastoral lands, religious lands, common use lands such as crematorium,
mand (common ground). The cultivable lands were cultivated by leasing
or auctioning out. The revenue earned from the auction was used for the
maintenance of the khazan infrastructure. The Gaunkari paid a fixed tax
to the rulers in return for security. The amount of tax that was required to
be paid to the rulers varied across different dynasties. The Maurya kings
considered khazan lands as tax free lands on account of the physical
efforts required for reclaiming these lands, the Kadamba dynasty
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collected one sixth of the produce as tax and the Bijapur dynasty
collected one third of the produce as tax.”
“From 1008 to 1300 A.D. i.e. during the rule of the Kadamba Dynasty the
structure and the functioning of the Gaunkari underwent significant
changes. These rulers were interested in bringing village economy under
their control and land revenue was a source to carry out administration.
Kulkarnis (accountants or secretaries) assumed importance in village
communities in Goa at this time. Kadambas gave importance to learning,
which enabled learned people to take up positions of Kulkarni. Later,
from 1472 A.D Goa came under the rule of Muslim rulers. Land revenue
was increased to one third and was payable in cash during Adil Shahi
rule. This affected the power structure in rural economy. Nevertheless,
villagers unitedly resisted Muslim encroachments in village communities
and refused to admit Muslims in the village communities. However, in
the event of default of land revenue, land would be confiscated and given
to followers of Islam. Attempts of Adil Shahi rulers to alter agrarian
relations caused a lot of tensions among the villagers. Even prior to the
arrival of the Portuguese, these self-sustaining institutions were forced to
contribute to the military expenses of the raving wars between various
rulers. This financial burden forced the Gaunkari’s to seek loans from
new settlers or well off Gaunkars in return of non-transferable shares
which entitled them only to a division of income of the Gaunkari without
any right to participate in the administration of the institution . Thus a
new category of Shareholders (or accionites) became a part of the
Gaunkari system.”
“The Gauncari system in the Pre-Portuguese times had a clear setup. The
Gaunkar was a freeholder of the Gaum or the village. Gaunkary therefore
meant an indigenous ancient association as a community of villages
29
represented by men (Gaunkars) from the first settlers or inhabitants of
Goa with at least one member from each Vangod or Clan. Vangods are
member families who have a vote in the Gaunkari and these Vangods are
as many as the first founders of that individual village. The Gaunkars
were entitled to all the rights and privileges accorded to them by the
institution from birthright through the male line of their ascendants. The
Gaunkars jointly held, administered and enjoyed the village lands. There
were clearly defined rules and regulations, which governed the structure
and functioning of this system. Rules were made to be obeyed and to
carry out common duties in order to promote their own welfare and that
constituted its society or Gaunponn. These unwritten rules and
regulations were orally transmitted to the succeeding generations. As
stated before, there were clearly assigned tasks, for example, the
Zonncars (persons who rendered their services to the communities), the
Kulkarni, (clerks/ accountants of the communities), the Kamat
(supervisor), the Kulachars (servants of the communities and as
remuneration for their services, they received a share in the profits of the
associations), the Paini (watchman to guard the bunds), the Vantels
(servants of the communities) These components have been reported and
confirmed by researchers Gomes Pereira (1981) and Pandit, (2003).” 17
According to Rui Gomes Pereira, a well known scholar who has
researched much on the Comunidade system of Goa “A sanad of King
Jayakeshi V of the Kadamba dynasty, incidentally makes it clear that
there existed on the Konkan coast, Gaunkari, comprising sectarians of
Brahma. This documents filed in the records of the Secretariat of the
Government is dated the 20th April, 1054 A.D. Hence, the documents and
inscriptions hitherto discovered give no clues that may render it possible
30
to locate the period of time of the foundation of Goan Gauncari
communities.”
“The discovery of various statues of the deities, spread throughout Goa
indicate that already during very remote times, Goa had been inhabited.
The oldest image upto now found and classified is of Mukhalinga of
Sarmallfal which dates back to the first century of the Christian era. The
Surya Narayana and Uma-Shiva of kudnem, the Gajan Lakshimi of
Kerim and the Braham of Parshem belong to the seventh century . The
image of Buddha, discovered at Mudhir of Colvale of Bardez, dates back,
according to some archaeologists, to the second century A.D. Some ruins
of Buddhist establishments of the Hinayana sect belonging to pre-
Christian era are noticed at Lamgaum of Bicholim, near Priol of Ponda
and at Rivona of Quepem taluka. The light stone implements found in
the creek of Zuari, the arrowhead, awls, and scrappers of quartz of the
same age found near Dabolim, the tools of later age consisting of blades,
and scrappers made of silicious materials found at Mopa and Kudnem,
the polished stone axes of Neolithic period found at Ella area, take back
the date of occupation of Goa very much earlier than the Christian Era.”
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2.2 Developments during Portuguese Rule
The Age of Colonialism actually began with the finding of sea rout to
India by the Portuguese. It illustrious adventurers Vasco-da-Gama and
Alphonso Albuquerque came to harbor ambitions to gain political control
over lands on the Western coast of India and finally came to establish
their main base in Goa. The lands they first conquered were those of
Ilhas, Bardez and Salsete and came to be termed as “Velhas Conquistas”
or “Old Conquests”. Later they conquered many more areas which were
called as “Novas Conquistas” or “New Conquests”. What the Portuguese
31
immediately witnessed on having conquered the territories of Goa was
that the people inhabiting the area were very well organized into
agricultural commune systems. These village communities were a
normal feature of the Goan society and these communities existed almost
throughout the length and breadth of the region termed as the Gomantak.
Scholar Rui Gomes Pereira has extensively studied the developments as
regards the Comunidades during the Portuguese era and it is worth
reproducing his very interesting findings in this regard since they show
how the Commune system fared and survived during the Portuguese era
in Goa. Talking about the Communes in the Tiswadi or Ilhas area or
taluka he says “The island of Tiswadi and the ones adjacent include
thirty-seven communities, without taking into account those that were
extinct during the first period of the Portuguese domination. After the
Foral (enactment) of Afonso Mexia, the first official list is the one
annexed to the Regulamento das Communidades of 1882, which
enumerates the following:
Azossim Bambolim Banguenim Betim
Calapur Caraim Carambolim Chimbel
Chorao Corlim Cugira Curca
Durgavaddi Ella Gandaulim Gancim
Goa Velha Coalim-Moula Goltim Jua
Malar Mandur Mercurim Morombim (O Grade)
Morombim (O Pequeno) Murda Naroa Navelim
Neural (O Grande) Neural (O Pequeno) Passo de Ambarim Orera
Renovaddi Siridaum Salacer Talaulim
Teleigaum
The said Foral enumerates forty communities. It covers besides the
aforesaid, the communities of Agacaim, Panelim and Siraz. The village
of Naroa is referred to by the name of Divar and that of Morombim (o
Pequeno) by that of Murcudim. Prior to the promulgation of the said
Regulamento of 1882, the Communities of Agacaim, Panelim, Siraz,
Banguenim, Chimbel, Gandaulim, Goalim-Moula and Siridaum were
32
already extinct. This last one was declared comissa in 1772 and those of
Agacaim and Banguenim were granted on emphyteusis at a public
auction on 7th
August, 1692. A few years later they were seized by the
Government for non-payment of arrears of the foro. The community of
Orera was fused with that of Corlim, and that of Salacer appears to have
never existed as it formed an integral part of Telaulim of Santana Village.
The village of Batim, according to the Tombo Geral had been given on
emphyteusis by letter of 21st March, 1584, to Kaji Abraham in
subrogation of rent that was granted t him by His Majesty D. Sebastiao,
by Order of 18th
February, 1576, to be collected from the Panjim wharf
(Passo de Panjim) by way of remuneration for the services rendered by
him in accompanying to Portugal the Ambassador of Adil Shah (Idalcao)
with the obligation of passing on to the public treasury the excess of rent
over the remuneration agreed upon. It is not known as to when its
possession came back to gaunkars. The village of Durgavaddi, referred to
in the Foral of Afonso Mexia with the name of Dugary or Dregarim,
came into possession of the College of Our Lady of Populo of the
Congregation of St. Augustine, following the extinction of the
community for want of gaunkars. That possession lasted for over a
century until the time it was claimed by Camara Geral of Ilhas in 1808.
The corporation of the “Passo de Ambarim” (Ambarim wharf) was an
institution of three Passos of fishermen that existed at Naroa, Santetem
and Ambarim. Its members had the duties of providing seamen to His
Majesty’s Navy and performing service therein. In return they had the
right to fish in the rivers within its jurisdiction. They used to pay the
national treasury the Foro of twenty five tangas brancas. In the second
half of the XIX century, the community of Chorao seized its properties.
However, in the year 1861, the Government restored to the members their
properties with the old obligation of rendering service to the Portuguese
33
Navy which had been suspended. The fishing right at Ambarim,
Pomburpa, Orando and Britona in four rows of stakes (Estacadas) was
restored, with the obligation to pay foro and render the service of cutting
and removing aquatic plants that grew on the bed of the river (The
Estacadas are stumps of areca trees fixed in the river beds to which
funnel-shaped fishing nets are tied, covering the interspacings between
the same stumps).” 19
Thereafter talking of the Bardez region of Goa, scholar Rui Gomes
Pereira says that “The communities belonging to this Taluka
enumerated in the Regulamento of 1882 are thirty-nine in number
and are as follows:
Aldona Anjuna Arpora Assagaum
Assonora Bastora Calangute Camorlim
Canca Candolim Colvale Corlim
Cunchelim Guirim Mapuca Marna
Marra Moira Nachinola Nadora
NaGoa Nerul Olaulim Oxel
Paliem Parra Pilerne Pirna
Pomburpa Punola Revora Saligaum
Sangolda Siolim Sirsaim Serula
Tivim Ucassaim Verla
All these communities survive, and that of Aldona due to
misunderstanding and conflicts between the Brahmin and Sudra
members, was split into two. One was called Frateral and the other Boa
Esperanca. It was in 1924, that the partitioning of the properties of the
original community into two was made and in 1925 the statue of the
Sudra Community was approved.
In 1609, the villages of Revora, Nadora, and Pirna were given away on
grant under the pretextthat they were deserted by their gaunkars. That
grant was subsequently extended in 1622. Between the years 1831 and
1834, the sale of those villages was announced by the Juszo dos Feitos de
34
Coroa e Fazenda in execution proceedings filed on account of the arrears
of foro. The viceroy suspended that Order, because it was against the law
and subsequently the gaunkars regained possession of their rights in the
communities.” 20
Gomes Pereira then goes on to state that “The Salsete Taluka, according
to the list referred to in the Regulamento of 1882, comprises fifty-three
communities as follows:
Adsulim Aquem Arossim Benaulim
Betalbatim Calata Camorlim Canca
Cansaulim Carmona Cavelossim Cavorim
Chandor Chicalim Chicolna Chinchinim
Coelim Cortalim Curtorim Colva
Dabolim Davorlim Deussua Dicarpale
Donculim Dramapur Gandaulim Gonsua
Guirdolim Issorcim Loutulim Macasana
Majorda Margaum Mormugaum NaGoa
Orlim Pale Quelossim Racaim
Raia Sancoale Sarzora Seraulim
Sernabatim Sirlim Telaulim Utorda
Vaddem Vanelim Varca Velsaum
Verna
At the time of drawing up of this list, the communities of Sancoale and
Dabolim, had been declared comissas but were later restored. The
community of Racaim was already absorbed by that of Loutulim, which
paid the foro due by the former to the national exchequer.
Besides the communities listed above there existed those of Ambelim,
Assolna, Cola, Cuncolim, Navelim, Velim and Veroda which had been
declared as extinct. According to the Tombo Geral a village named
Cola, which cannot be identified from the particulars furnished therein,
had been given on grant for three generations by the letter of the Viceroy
D. Antonio de Noronha, of 1573, on condition that the grantee during the
first generation married a certain orphan. This was done because as the
letter states, the Gaunkars had rebelled and refused to pay the foro.
35
Under the same pretext, in 1583, the villages of Ambelim, Assolna,
Velim, Cuncolim and Veroda were confiscated and in 1585 they were
granted on emphyteusis. The first three were subsequently re-establishe
din 1931 (14) and the last two continued to form the County of Cuncolim
(Condado de Cuncolim). From the hands of the first grantee Joao da
Silva they passed on to the family of Count D. Francisco Mascarenhas.
The shares of the community of Velim were all acquired by that of
Carambolim of Ilhas. Hence, it was ordered that the members of this last
community also be held as members of the former, so long as the latter
retained those share in its title.
Further, there existed, in this area three non-agricultural associations
which were also called communities, that of Chandaris, Mirabaris and
Bois, which were later extinct. The first one had the sole right for toddy-
tapping. The second one was an association of fishermen divided into
thirty two vangods, with the monopoly for fishing, while the third one
comprised twelve vangods and had the exclusive right of selling fish. All
of them used to pay some tax (foro) to the national exchequer.” 21
Rui Gomes Pereira then takes up the Communes of the Novas Conquistas
(New Conquests) region of Goa which came under the Portugues control
much later then the Old Conquest. As regards the Bicholim taluka Gomes
Pereira state “In this Taluka there were in 1882 twenty three
communities, which still continue and are as follows:-
Advalpale Amona Arvalem Bordem
Cassabe Cotombi Cudnem Dumachem
Gangem Latambarcem Mencurem Mulgaum
Naroa Navelim Pale Pilgaum
Pissurlem Sarvona Sirgaum Surla
Usgaum Vainguinim Velguem
36
The villages of Caulinguem, Carapur, Mahem, Salem and Virdi do not
have communities. All of them find themselves incorporate in the
concessions made by the ancient local Rajas to Desais and other
mercenaries, subsequently confirmed by the Portuguese Government.
The village of Aturli had its community to whom some lands were given
on emphyteusis by the Government or at least it was thus stated in the
minutes signed before the Junta de Fazenda on 3rd
August, 1909. A
Sanad issued by the old Ruler Bounsle gave to Jiuba Desai of that Village
some rights in those lands, incompatible with those of that community.
This Sanad was registered in the said community and finally crossed out
by a Order of 3rd
April, 1865 of the Governor General. 22
Thereafter speaking of the Canacona region of Goa Rui Gomes Pereira
states that “There were in 1882 in this area, seven communities which
still continue and are as follows: Canacona, Cola, Gaumdongrem, Polem,
Loliem, Nagorcem-Pololem and Poinguinim. The Village of Cola
belonged formerly to the jurisdiction of Cabo da Rama. By the
subsequent administrative division, the villages of Angediva, Agonda,
Cotigaum, Molorem and Siroli were included in this Taluka. None of
these have communities. 23
Then Gomes Pereira focused on the Pernem taluka of Goa and has
reported that “According to the said list annexed to the Regulamento of
1882, all the twenty six villages of this Taluka and their communities.
They are enumerated below. Presently they survive only in the thirteen
villages marked*.
37
Agarvaddo* Alorna* Amberem Arambol*
Chopdem Cansarvorem Casnem Cassabe*
Chandel Corgaum Dargalim* Ibrampur*
Kerim Mandrem* Morgim* Ozorim
Mopa Palem* Parshem* Tuem*
Porosocondem Torshem Uguem* Virnora*
Tamboshem
The Village of Cansarvorem, Corgaum, Tuem and half of the village of
Morgim and Ozorim are included in the grants made to Desais by the old
local kings and maintained by the Portuguese Government. The
community of Corgaum must have been important in bygone days, as
besides for other reasons, it provided members for the Camara Agraria of
that Taluka. In 1809, the Desais and Gaunkars of this village by means of
deeds drawn up before the Coronel Ajudante Geral, distributed among
themselves the properties of those communities and undertook the
responsibility of personally paying the foro to the Government. The
affected communities were not dissolved despite distribution of
properties. Thus, when the list annexed to the Regulamento of 1882 was
drawn up, communities which were virtually extinct were included
therein. Even the communities marked* find themselves deformed with
that seizure. They were also embezzled. Their assets are found reduced
to the bare minimum to cover the insignificant expenses that they have to
bear. Their gaunkars do not make their primary inscription. This had
been going on for a long time. No dividends are distributed as there are
none. Only four communities of that area own paddy fields. They meet
their expenses with the foro they earn. Communities are spoken of as
institutions that have long ago disappeared even where they continue to
exist. They are like corpses that nobody cares for.
Only the compromissos (Rules and Regulations) of the ancient Devalayas
preserve the memory of their institution. Their mahajans are descendants
38
of the old gaunkars, divided into as many vangods as originally
constituted their community. Only through these compromissos can it be
known as to whom those communities belonged, their surnames and their
social class. Another element that helps their re-constitution is the system
of enjoyment of some properties that belonged to those communities,
now privately owned. In many villages they are still enjoyed in the same
manner as was done originally or prior to their partitioning.” 24
On the Ponda region Communes Rui Gomes Pereira states that “All the
twenty eight communities that existed in 1882, exist upto this date 25
and
they are as follows:
Adcolna Betora Bandora Boma
Borim Betki Candola Candeapar
Coddar Conshem Cuncoliem Cundaim
Curti Marcaim Nirancal Orgaum
Panchvaddi Priol Querim Queula
Siroda Velinga Verem Volvoi
Tivrem Talaulim Vaddi Vagurbem
About the Quepem area of Goa Gomes Pereira studied and found that
“This Taluka contains forty nine villages which formerly belonged to the
Balli and Chandravaddi Provinces and Cacora of the Zambaulim District.
In 1882, all of them had their communities, but presently their number is
found reduced to twenty one of which are marked* in the list below.
There existed five Torofs and sixteen communities in that area, which are
26
Molcornem Torof
Molcopona Molcornem Nagovem Udorna
Zanoddem
39
Aralli Torof
Aralli Quitol* Naqueri* Vagurdem
Dabem
Balli Torof
Balli* Bendurdem Adnem* Coroddem
Fatorpa Morpila Bondol
Barcem Torof
1Barcem Paddi Nilvon Toloi Cordem
Morpila Quedem*
Maina Sucolna Torof
Cavorem* Pirla* Cazur Codarla
Corla Dantordem Gocoldem Maina
Mangali Quisconda Sucolna
Communities
Ambaulim* Amona Assolda* Avedem*
Chaifi* Chik-Shelvona* Cottombi* Curchorem*
Cusmane* Quepem* Shelvona* Sirvoi*
Voddar* Sheldem* Cacora*
Turning to the Sanguem taluka Rui Gomes Pereira states that “This
Taluka is constituted as aforesaid of the old Provinces of Embarbarcem
and Astagrahar. The province of Embarbarcem was found divided into
nine Torofs namely:
Atabarcem Torof
Atabarcem Bandol Cormonem Columbossem
Moissal Rubdem Santon Sanvordem
40
Bamborbarcem Torof
Bamborbarcem Biliem
Callem Torof
Callem Costi Dudal Maulinguem
Sissordem
Codli Torof
Camarconda Codli Coproi
Colem Torof
Caranzol Colem Molem Sonaulim
Sancorda Torof
Aglota Sancorda Sangodo Sigaum
Salauli Torof
Cotarli Salauli Shelpem
Surla Torof
Boma Dongorli Muguli Oxel
Surla
Tudou Torof
Paliem Portem Tudou Uguem
The province of Astagrahar Gomes informs us is constituted of one Torof
and fourteen communities, namely:
Balli Torof
Balli Dongor Naiquini Sigonem
41
Communities
Billiem Colomba* Cumbari Cunanga
Curdi* Curpem Netrauli* Nundem*
Rivona* Salguinem Veliena Verlem
Vissundrem Zaki*
According to Rui Gomes Pereira “In 1899, the Portuguese Government
took possession of the assets of the Communities of Embarbarcem with
the obligation to pay every year a certain sum of money which would be
distributed among its members in the same way as the surplus was earlier
divided among them. The communities from Astagrahar marked*
maintained their independence. The others formed themselves into one
community which is known as community of Astagrahar.” 27
Rui gomes Pereira in analyzing the data of the Portuguese period about
the Satari area of Goa states that “This Taluka had the largest number of
villages – eighty eight in all and probably, all of them had their
communities. Prior to or in 1882, there remained only two, that of
Ganjem and Pissurlem which are included in the Bicholim Taluka. The
most important communities of the Sanquelim or Satari Taluka were
those of Caranzol, Campordem, Golaulim, Mahus, Melaulim, Morlem,
Onda and Poriem. All of them were members of the Camara Geral of
that Taluka. The Sar Desais Ranes seized that province and established
such a regime that forced the dissolution of Camara Geral and of the
communities, to the great detriment of its inhabitants. In order to remedy
this situation and prompted by hatred and a spirit of vengeance against
those Ranes, the Portuguese Government revived those communities or
rather, ordered their re-establishment. As the Ranes indulged in
disturbing the Province and had to be punished, the Government in 1853
ordered that the communities be reconstituted with the inscription of
42
Gaunkars and Desais of the respective villages, independently of any
prior ascertainment about they being descendants from the original
gaunkars or not. At the same time it was decreed that the lands owned
by Ranes and Dubashis under the title of Mocasso, imams and other such
titles, be reverted to the national exchequer.”
“A few years later, the Ranes surrendered themselves to the Portuguese
and swore vassalage and to this, the Portuguese Government promised
them protection and rights of citizenship. A decision to restore their old
rights was also taken, although the agreement made no reference to it. In
1856, the Portuguese Government revoked its Order in regard to the
reversion of all the old concessions under the title of mocasso and others
as a token of friendship. The above Legislative enactment did not revoke
or suspend the Order for the reconstitution of the communities. However,
these communities were never again re-established.” 28
During the Portuguese period the Comunidade System was gradually
brought under the control of the colonial masters, the Portuguese, first of
all for the purpose of revenue collection and secondly for the purpose of
socio-political control of the life of the Goan populace which was largely
emcompassed in the Comunidade system.
To get a better idea of the nature of the changes carried out to the
comunidade system by the Portuguese one needs to go back to the very
beginnings of the Portuguese rule in Goa in 1510. After the triumphant
entry of Afonso de Albuquerque in Goa in the year 1510, the Portuguese
witnessed a region which was well organized and well governed by the
ordinary village folks. To the amazement of the Portuguese a unique and
ancient system of Gancari was in place in the Goa region which carried
out the agro-economical activity in Goa bringing about the self-
sufficiency and prosperity to the inhabitants.
43
The Portuguese when having tried to alter the local Gaunkari setup faced
serious resistance from the local inhabitants and were compelled to sign
an agreement with the inhabitants to permit them to continue their
Gauncari lifestyle in the Gauncari system of life and governance.
Alphonso Mexia’s treaty with the local inhabitants on one hand paved the
way for the continuance of the Gauncari system which was now termed
as Comunidade system and on the other hand it opened the floodgates of
governmental and political interference in the functioning and
management of the Comunidade system which intereference continues till
this day.
The signing of the Foral or Charter in 1526 paved the way for
Codification of the comunidade system. This charter gave the uses and
customs of the Gauncars and farmers in the Islands of Goa a certain
amount of legal and state sanction and acceptance. This “Foral de usos e
costumes dos gauncares e lavradores das Ilhas de Goa” was the first
Portuguese legislative document which allowed Governmental interfere
in the comunidades. This diploma, apart from establishing the rights and
privileges of the members and benefactors of the comunidades also
settled questions and norms of the administrative, juridical and financial
nature.
The subsequent period of proselytizing and Christianization in Goa by
ther Portuguese had a drastic impact on the functioning of the
Comunidades in Goa. Originally the members of the Gauncari were all
Hindus and the social stratification was caste based. But with the
conversions to Christainity there arose a further classification of the Goan
society during the Portuguese rule of Hindus and Christians. This had a
direct bearing on the Comunidade system. The converts to Christianity
remained and settled in Goa but many of those did not want to convert
44
began to migrate out of Goa to conserve their religion of Hinduism. The
consequence of this was that atleast in the new conquest regions of Goa,
namely Bardez, Ilhas and Salcette the Comunidades soon became
controlled by the converted gauncars and this also facilitated further
interference in the system by the Portuguese masters.
Various legislative and executive actions were initiated by the
Portuguese between 1526 and 1880, seeking to codify the working and
management of the comunidades with a singular purpose of facilitating
the payment of a tax to the Government, known as Foro. This lead to the
registration, measurement and demarcation of the cultivated fields so as
to fix the rent or ‘foro’ for the Portuguese Government and later also
‘derama’ which was payment for administration of the Comunidades by
the three Comunidade Councils established by the Portuguese in Bardez,
Ilhas and Salcette for administration and control of the Comunidades.
The decree of 1880 was followed by the Rule of 1882, which changed the
various alienable claims such as tangas, melagas, arequeiras and so on
into shares of only one type, having a nominal fixed value. The
Portuguese thereafter in 1904, decided to enact a new code to meet the
changing needs of the changing times and this Code attempted to remove
the distinction between different members of the comunidade such as the
Kulkarnis and the Khunttkars and bring about an equality of outside
shareholders with the Gauncars. This Code was then again revised in
1933, provided for a system of allotment of fields by public auction on
the basis of the rent fixed for the last three years. Thus the system of sort
of tenancy was introduced by the Portuguese thus defeating the original
purpose of the comunidades. The new code leads to the exploitative
system of sub-tenancy, encouraging the intervention of an intermediate
party and this caused a lot of problems in the Comunidade system.
45
Realising the difficulties created by the Code of 1933 it was decided by
the Portuguese Government to make further changes and so in 1938 the
then Governor, General Jose Cabral, promulgated a Diploma No.1035 of
23rd
December 1938, according to which the direct cultivation by the
tenant, of the paddy fields of the Comunidades was again allowed and
leasing out of fields to sub-tenants was prohibited. This ensured that the
Portuguese will be able to collect taxes without much difficulties.
But even after the changes of 1938 problems persisted for the Portuguese
to collect the tax and so another attempt at reform was made by the order
No.3645 dated the 26th February, 1942 which decided a fresh assessment
of the yields of those fields which were not auctiond. A yet another
Legislative Diploma No.1244, dated the 30th June, 1948 made further
assessment of the yields of the paddy fields of the Comunidades for the
purpose of better tax.
Another new Legislative Diploma No.1294 dated the 30th
July, 1949 was
promulgated to further determine matters about leases and yields to
further facilitate the taxation on the Comunidades and its tenants.
Another Legislative Diploma No.1578, was published on the 24th
February, 1955 which was further reinforced by Diploma No.1835, of
25th September 1955.
The problems of the components and Portuguese could not be all clearly
resolved by the various Portuguese Legislative Diplomas and hence a ned
was felt that there be a comprehensive Code of the comunidades with all
the provisions placed in one single legislation and hence a new Diploma
was compiled including all the legislative laws relating to the
Comunidades. This new law or code for the Comunidades came into
existence on 15th
April, 1961. This new code which came just months
before Goa’s liberation from the Portuguese re-established the system of
46
leasing out the paddy fields through public auctions and was aimed at
correcting the assessment of the production of each Comunidade, which
had often fluctuated. The new code also prescribed the system of limiting
the number of plots to be leased, as per the farmer’s family members. The
new Code also prohibited any exploitation by way of sub-tenancy or
partnership on the Comunidade lands.
The picture that emerges during this period of Portuguese rule is that
comunidades, which are a agricultural association made up of a certain
number of members (original settlers and others admitted later on)
cultivated the paddy fields and sustained not just their economic life but
also provided the socio-political basis for the governance both at the local
and the regiuonal level.
These agricultural associations, known as comunidades were primarily
involved in producing agricultural and related output from which life and
taxes became possible for the people as well as the government. The
system that prevailed in Goa was somewhat akin to the one dreamt by
Mahatma Gandhi himself. Gandhi had desired to establish under his
concept of Gram Rajya and Sarvodaya similar associations, which would
ensure not just local self-sufficiency but a Gramrajya of Village
Republics in which the rule of the State would not be essential. Goa
seemed to have a Village based governance in the hands of the local
villagers during the Portuguese period.
However though the research and findings from the historical records by
scholars like Rui Gomes Pereira, Olivinho Gomes and many others have
clearly established that the Comunidade system in Goa was a prominent
feature of Goan life during the Portuguese rule as it was during the pre-
Portuguese period, there were also State interventions and control by the
Portuguese. Thus the fact that clearly emerges is that during this period
47
the Comunidade system came to be codified and also reformed to suit the
purposes and interests of the Portuguese rulers.
During this period the noteworthy developments of the communidade
system on account of the intervention of Portuguese laws and codes were:
� Formal legitimacy to the indigenous institutions
� Religion became the main source of social unrest.
� Taxes to church and responsibilities towards civic functions
reduced financial stability of the Communidades
� Transfer of shares was allowed, allowing new entrants including
non-residents and thus disturbed the social cohesion
� Absentee gaunkars, who resided at distant places from the
villages, even outside Goa, contributed little to the management
of the land resources.
� Clearly assigned functions with paid functionaries and clear
jurisdictions continued.
� State interference in the administration of communidade began
during the colonial period.
� Strict monitoring and implementation of rules was enforced.
� Positive and negative incentives were aimed at encouraging
agriculture and discouraging land use and cover change
� Emergency measures to repair dykes and sluice gates did not
require sanction from the state.
� It was an independent system and the state did not interfere with
it.
� Gaunkars were residents of village and intimately connected
with the land management.
48
� The communal way of functioning rewarded the members and
perhaps in Goa, that was the only option available for the shift
from hunting and food gathering to agriculture.
� Individual share could not be transferred.
� Religion served as a binding factor.
� Religious places were used as meeting grounds.
� Resource management (agriculture and water) was the main
responsibility.
� Gaunkar excluded new entrants from gaining control over
resources.
� Clear assignment of tasks to some functionaries, who were
remunerated.
� Land was owned and managed jointly but income and /or
produce was shared individually.
2.3 Comunidades in Post Liberation Era
The departure of the Portuguese from Goa did not spell the end of the
Comunidades. This ancient institution now again entered into the
mainstream of the country on liberation. The 223 or so comunidades thus
continued to function even under the Indian dispensation. Though for the
purpose of records all the 223 comunidades are subsisting it is aid that
just about 60 Comunidades are actually alive and throbbing. Most of the
small comunidades have become almost extinct since they do not possess
any more land or they do not have any more Gauncars. Thus far no
detailed information available either with the Government of Goa, or the
Administrators of comunidades or with the individual Comunidades the
extent of land lost or taken away or encroached or acquired and also the
49
actual number of the Gauncars and theiur whereabout. The situation is
thus quite bleak as regards the Comunidades in the post liberation period.
This ancient system of Village Communes of Goa at the end of the
Portuguese rule had a Code in which many of their practices came to be
codified into clear provisions. Thus suddently Communidades, though
now legalized and their actions codified, had a tool by which they could
function and survive into posterity. Pertinently the Comunidades in Goa
experienced a brief period of freedom of functioning under Portuguese
rule for eight months i.e. from 15.04.1961 until Liberation of Goa on
19.12.1961 in the same year. But this freedom of the comunidades was
short lived as the coming of the Indian system of Governance to Goa
brought the British model of governance as well as property ownership
concepts and taxation laws.
Logically the new administration of Goa under the Central Government
control introduced or atleast sought to introduce the system of governance
and taxation followed in the rest of India and which was essentially
inherited from the British. The central hallmark of the British system of
taxation and revenue collection followed in India is based on the concept
of Revenue Villages and Revenue Talukas. The tax collection of these
areas were the responsibilities of the officers under the Collectorate
system made up of the Collectors, Deputy Collectors,
Mamlatdars/Tehsildars and such other officers. All this came to be
introduced into Goa but these systems were alien to the Goan scenario
characterized by the taxation based on the Comunidade system and Code
of Comunidades.
Thus two parallel systems came to be functioning at the same time – one
based on the Portuguese-Indegenous practices of Goa as followed before
liberation of Goa and the other based on British-Indian model followed
50
throughout the country outside of Goa. The new British-Indian model
followed throughout the country was not only considered to be better by
the new rulers but also as progressive and modern and the existing
Portuguese-Indegenous model of Goa was thought to be regressive and
out of date and not in keeping with the times. But this situation of the
parallel systems of taxation and Revenue generation could not be
sustained and so the gradual efforts to reinforce and even superimpose the
new British-Indian model followed from 1962 onwards. Thus much new
legislation, amendments to the Code of Communidades and other
legislative and executive actions followed subsequently which had a
telling effect on the Comunidade system of Goa.
The notable developments in legislative terms after liberation of Goa
which had direct and indirect bearing on the Comunidade system are the
Tenancy Act of 1964, Mundkar Act of 1967 and the many Amendments
to the Code of Comunidades as well as the Circulars and Orders of the
government of Goa. This aspect is taken up in detail in the separate
chapter subsequently.
51
References:
1. Dr. Efrem D’Sa ,Treasurer, All Goa Components of Comunidades, Goa, 2010
2. Adv. Andre Pereira , President, All Goa Components of Comunidades, 2010.
3. A . Pereiera., The Gauncari of Goa Volume I p. 13
