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Chapter IIComunidades

1Those who are entitled to receive zonn, either per head or per lineage - (per capita or per stirpes) - and their male descendants by male lineage, legitimate, legitimized, acknowledged as legitimate and adopted, whatever may be their number;
2Those who possess Comunidades shares certificates annotated and registered in their own name;
3Those 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
4To request the president of the managing committee to convene a meeting of the Comunidades by a petition duly supported, mentioning clearly the reasons for it and signed by more than five components, or by three in the comunidades where the number of members is less than fifty. The petition may be made on ordinary paper;
5To call for, by a letter addressed to the president, an extraordinary meeting the managing committee, by indicating the matter to be discussed. In case the president does not convene the meeting, they can appeal also by a letter addressed to the administrator, who shall decide as deems proper;
6To consult, orally or in writing, the managing committee, in session, about any matters that they feel to be of the interest of the comunidades, and to submit proposals, which shall be recorded in the minutes of the meeting;
7To examine the income and expenditure sheets, the calculations for the auctions and its conditions, the final accounts, the record books and the account books of the Comunidades and the extraordinary budget heads, at periods and the forms stipulated in this Code;
8To appeal against the resolutions of the Comunidades and of the managing committee and the orders or decisions of the administrator and of the authorities and higher courts and, in general, to submit complaints on the matters which are of the interest of the Comunidades;
9To report the defalcation of funds of the 'comunidade', the encroachment of its lands and other unlawful acts, as well as any misconduct or error of the employees and agents of the comunidades
10Authorize the payment to the contractors of the ordinary services after taking delivery referred to in the preceding clause, and the payment shall not be made before fifteen days from the date of taking over
11Perform all the necessary steps required for the administrative and financial management of the comunidade

Chapter IIIAdministration of the comunidades

12Attend, whenever he finds it convenient, the meetings of the Comunidades and those of the managing committees;
13Propose the appointment and dismissal of the president of the managing committee, the dissolution of the elected part of the same, in terms set forth in this Code, and the appointment of persons who should function as members of the committee, in cases provided for in the § 2 of articles 41 and 51 and § 1 of article 69;
14Take oath of office of the staff members under him, as well as of members of the managing committee and other agents of the Comunidades. He may however delegate these functions to the president of the committee, who had already taken the oath of office;
15Authorize the payment of percentages referred to in article 108 of this Code;
16Propose to the Government the meetings of the Comunidades to be held at seat of the taluka or in the building of the administration office and order the meetings of the board in these places;
17Authorize the extraordinary meetings of the Comunidades and of the committee, when they are not convened by their president;
18Exercise disciplinary power in terms of law and impose the penalties established in No. 1 to 3 of article 354 of the Overseas Civil Services Statutes (E.F.U.);
19Decide the applications for registration or listing;
20Take steps to fill temporarily the post of clerk;
21Take notice and decide all the applications, complaints and appeals instituted against the acts that are not within the competence of higher authorities and offer his say on all the cases which have to be sent for a decision of the Governor General or the Administrative Tribunal;
22Proceed in accordance with article 371 and the following, regarding encroachment on the lands of the Comunidades;
23Authorize the Comunidades to file suits under the terms of the article 9 as well as authorize the necessary expenses;
24Authorize every year, occasional or unforeseen expenses, which are not for any other purpose unconnected to the Comunidades, up to 1.500 $ and the advance of amounts essential for covering the ordinary and extraordinary expenses, duly authorized, when they are not foreseen in the respective assignment or contract as well as the expenses necessary to defend the suits filed against the Comunidades;
25Withhold or order the retention of proceeds of zonns dividends or any other credits that the debtors may have in the Comunidades until the latter have paid their dues and accessory amounts, when these dues have not been guaranteed for;
26Arrange for the coercive collection, in accordance with the terms of Title V, of the Comunidades dues, acting as judge in the respective proceedings;
27Distribute the cases for recovery of debts, referred to in the preceding number, among the enforcement clerks, equally and by lots, in three classes, according to the value referred to in § 1 of article 627;
28Decide by 31st of October of the following year, the yearly accounts of the persons responsible to the Comunidades, forwarding by the 15th November, the respective statement to the Administrative Tribunal. Failure to comply with would incur payment of fine corresponding to 5% of the ordinary fees collected;
29Forward to the treasury department of the taluka, every month, a note of the remissions made in the preceding month and a form for the payment of stamp duty on transfer of shares and for the respective tax corresponding to the normal emoluments recovered in the preceding month;
30Take delivery of the extraordinary services and works valued in excess of 3000 $ and of the ordinary works in case of appeal or complaint against the taking of the delivery by the managing committee;
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126averbarl as per the said Portuguese Dictionary of Jayme de Seguier means
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31Present to the Governor General, by the 31st of March of every year, a report of the management of the Comunidades for the preceding year, mentioning therein the important facts of his administration and indicating the means, he thinks fit, to adopt in order to increase and improve crops. This report shall be accompanied by a statistical map of the office's work, a map showing the movement of the shares of Comunidades, organized according to model No. 5, a map showing the dividends and zonns distributed by each Comunidades, in each of the last nine years, a statement indicating the grants as emphyteusis (aforamentos) granted and a map showing the extraordinary expenses incurred by each Comunidades in the preceding year and other information as he sees fit deemed useful. Failure to comply with would incur in payment of a fine corresponding to the salary for the number of days delay

Chapter VIAforamentos or emphyteusis · Chapter VI

Aforamentos or emphyteusis

04Section 04

Chapter VI

3rdTolloy and coconut grove of the shoemakers
4thOnarbata
5thCapoty and coconut grove of the blacksmith

Chapter XRebate on the rent of the fields

1stIf it is found that the plots of the applicant can be cultivated, the rebate (quita) shall not be granted; and, in the other case, after the diligences dealt with in the paragraph 6 of preceding article, the file shall be forwarded, with the remarks of the administrator, for the final decision
2ndOn verifying that the cause of shortage of waters was not casual, but due to action of a person other than the applicant, he may use against the former all the remedies available within the power of the comunidade

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CC 138Chapter III · Administration of the comunidades

Section 138 ·

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See article 812 w.r.t. 813 of Portuguese Civil Procedure Code.

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