Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

State of Goa - Section

Section 3 in Code of Comunidades of 1961

3. Those who have a share in the net income of the Comunidades, whichever may be the nature and denomination of such participations, provided they obtain their registration in their favour in the respective books of the Comunidades, by way of an application addressed to the administrator, supported by the document of transmission.

Article 21.The right to zonn, of the members to which the clause No. 1 of the preceding article refers, is personal, inalienable and imprescriptible and it shall only commence from the date of the primary enrolment, save in case when the registration is effected through an appeal, in which case, the right shall be effective from the retrospective date of refusal by the clerk of Comunidades.§ 1. For receiving the proceeds of zonn, it is necessary, besides the primary enrolment, the annual enrolment of members by birth - zonnkars.§ 2. The right to the proceeds of zonn, stands suspended or lost in the case mentioned in clause (b) of article 379 and stands extinguished on the death of the zonnkar but only after the expiry of the year for which he has been registered.§ 3. The proceeds of zonns, the allowances or periodical pensions, prior to the last ten years, stand prescribed in favour of the Comunidades, from the 1st March immediately following the period fixed for its payment.Article 22.The rights laid down in the clause No. 2 of article 20 shall commence from the date of the primary enrolment of the respective shares, and those laid down in No. 3 of the same article from the primary enrolment of the respective participants.§ 1. For receiving the dividends of the shares and in order to exercise the rights of the member, it is necessary that registration must be in the administration office and the primary enrolment in the respective Comunidades.§ 2. The provisional registration of shares certificates does not confer upon the shareholder the membership right, but only the right of alienation of shares certificates, in the status in which he possesses them; however, the provisional primary enrolment, confers the rights referred to in the preceding paragraph, and these rights are liable for extinction.§ 3. The provision of the first part of paragraph 2 and in the paragraph 3 of the preceding article shall be applicable to the dividends from the shares and to the shares of the participants.§ 4. When there is impossibility or difficulty for the appearance of the absentee members to collect the proceeds of zonns, dividends of shares certificates, share of participants, allowances and pensions, the Governor-General may authorize the payment to be effected in favour of the one who produces a declaration issued by the concerned party, with the signature duly recognized by the clerk of the Comunidades, and with the undertaking to refund, in case of any complaint being received.§ 5. In cases of constitution of [fideicomissum] [See 1866 of the Civil Code.] or reservation of [usufruct] [See 2197 of the Civil Code.], the registration (averbamento) shall be made in the name fideicomissionare or of the owner and the registration in the name of fiduciary or of usufructuary.Article 23.It is not lawful to make transfer of proceeds of zonn to be accrued in future.Article 24.The shares certificates of the comunidades are transmissible and alienable in terms prescribed in this Code.[Article 25.] [Article 25 has been amended by Goa Act No. 3 of 1998 dated 17/01/1998. (See Appendix).]The proceeds of zonns, and interests of any nature of a deceased member and the dividends of the shares registered and inscribed in the name of the deceased member of an inheritance can be received by the head of family, upon production of an order issued by the administrator, based on the certified copy of a pending inventory.§ 1. When the proceeds of zonn, amount of interests, or dividends do not exceed [Rupees 500/-] [Substituted for the words '3,000 escudos' by Goa Act 3 of 1998, dated 17-1-1998.], the interested parties in the inheritance can receive the same, by producing a certificate, issued by the clerk of the Comunidades, to the effect that he had issued notices of claim, within a time limit of 30 days, at the door of a temple of any religion existing in the village, at the door of meeting hall of the comunidades and at that of the respective office of the administrator and published in the Official Gazette, being one of the copy presented to the managing committee, when in meeting, and passed without objection from any of the members, in the respective meeting.Where the amount to be received does not exceed [Rupees 50/-] [Substituted for the words '3,00 escudos' by Goa Act 3 of 1998, dated 17-1-1998.], the publication in the Official Gazette is dispensed with.[Explanation. - In the Code of Comunidades, wherever any amount is indicated in escudos, the same shall be calculated at the rate of six escudos per rupee.] [Inserted by Goa Act 3 of 1998, dated 17-1-1998.]§ 2. The authorization granted by the administrator, for the purposes of provision in this article, shall be valid for the subsequent years and shall subsist until the inheritance, in the inventory proceedings, has been finally partitioned.§ 3. If the objections are disputed or when there is litigation pending about the legitimacy of heirs, the proceeds, the interests and the dividends shall be retained on deposit in the safe of the Comunidades and the objection shall be attached to the file of proceedings. In this case, the prescription provided in paragraph 3 of articles 21and 22 of this Code shall not be applicable.§ 4. The provision of this article and its paragraphs shall be applicable to the pensions dealt with in the article 202.Article 26.The following are the powers of the members of the Comunidades: