Goa Blog

Shri. Shantaram Naik M.P. has given a notice of a Private Member’s bill in the Rajya Sabha Secretariat, this week, for making special provisions in the constitution for the protection of land in the State of Goa and, has assured to submit a memorandum,for the grant of special status to Goa, to the new government , since the same does not require a constitutional amendment.

Explaining the legal position through a statement issued today, Mr Naik said that there is a misconception in Goa that an amendment to article 371 of the constitution is required to grant special status for the state. In fact, Mr Naik said that BJP has been harping on the same since last few months when they raised the issue for the first time, recently.

Mr Naik said that Special Category status is given by the Central Government under an executive order , and that, thereafter, Planning Commission allocates funds as per the special formula determined for special category states.

There are eleven States i.e Assam, Manipur,Meghalaya,Mizoram,Arunachal Pradesh, Nagaland, Tripura, Sikkim,Jammu and Kasmir, Himachal Pradesh and Uttarakhand who are enjoying the status, at present, Mr Naik said.

Special categories are created as exception to the general formula of allocation of funds to the states, and that, once a state is declared as a special category state, it gets financial assistance on the basis of a special formula viz 90% grants 10% loan, besides other facilities.

Mr Naik said that for getting the status of a Special Category, a case has to be made out which is admittedly, not very easy. However, Mr Naik said that a collective effort has to be made in this regard.

As regards his constitutional amendment bill Mr. Naik said that it seeks to provide to amend article 371-I of the constitution ,to empower Legislative Assembly of Goa to regulate the ownership and transfer of land in public interest and in the interest, and on grounds of ,duration of residential requirement in the State, social and economic needs of the State, environment and public interest , as may be specified by the law.

Mr. Naik said that land mafias, particularly from foreign countries are on a buying spree of huge tracks of land in Goa. Some such buyers are capable of buying a whole village in a small state like Goa.

Mr. Naik says that right available to the citizens and non-citizens should not be so unfettered so as to change economic scenario of a small state. Anti-social elements, some of whom , control such transactions are proving disastrous for a state like Goa.

Goa Legislative Assembly has recently passed an amendment to the Registration Act 1908, adding Section 22-A to empower the state governments to notify that any document or any class of document specified in such notifications to be opposed to public policy which registrars can refuse to register.

However, Mr. Naik said that the amendment bill is pending for the assent of President of India. There is also a view that a bill of this type may not stand the scrutiny of code and hence, a “backup” of constitutional provision is required to sustain any law to regulate.

Mr Naik said that his proposed amendment bill provides for empowering the Goa Assembly to regulate influx of migrants considering available resources specially, land, water, power etc and considering the sanitation and environmental aspects.

Explaing about another provision in his proposed amendment, bill Mr. Naik said, while it is the fundamental right of every citizen under Article 19 of the constitution to move freely throughout the territory of India and reside and settle in any part of the country, it is also the fundamental right of others to live a decent life with basic amenities provided by the state.

As regards yet another provision in the bill, Mr Naik states, states further that initially when two tier Panchayats namely Zilla Panchayats and Village Panchayats were established in Goa under Goa Panchayat Raj Act 1994 enacted as per provisions of 73rd Constitutional Amendment, there was a view expressed that Goa should have Taluka Panchayats and Village Panchayats rather than District Panchayats and Village Panchayats.

However, option of not establishing District Panchayats is not available under the constitution. Mr. Naik said, therefore, in his proposed amendment bill, he has provided to empower Goa Legislature to opt for any of the two panchayats tiers.

Mr. Naik however clarified that it does not mean that he is in favour of abolishing District Panchayats and added that it is only an enabling provision in case the government after consultation with representatives of local bodies decides to establish the two lower level tier panchayats giving a go bye to the first tier.

NP