On Friday 30th July, the Goa Assembly passed the Bhumiputra Adhikarini Bill, 2021. It is as follows;
Anyone living in the state for 30 years or more is a ‘Bhumiputra (son of the soil)’ and gives such a person the right to own his or her ‘small dwelling unit’ if ownership was undetermined so far.
The Goa Bhumiputra Adhikari Bill 2021 was passed by voice vote in the 40-member House.
The Chief Minister told the House, “This Bill provides protection to the Bhumiputras so that they are not evicted from the residential units occupied by them and the units are not demolished pending any proceedings under this Act.”
The decision-making committee:
The Bill provides for the constitution of the Bhumiputra Adhikarini — a committee consisting of the Deputy Collector as its Chairperson, and officials from the departments of Town and Country Planning, Forest and Environment, and Mamlatdars of respective talukas as its members.
The Bhumiputra may apply to the committee if his house has been built before the cut-off date. The committee will invite objections within 30 days, including from the landowner which could also be a local body, and then take a decision of granting ownership to the Bhumiputra.
“The law provides for a mechanism to give ownership right to the self-occupied dweller of a small housing unit to enable him to live with dignity and self-respect and exercise his right to life.” Once recognized as a Bhumiputra, an individual can stake claim to ownership of their house of not more than 250 sq m, built before April 1, 2019.
Upon Bhumiputra being recognized by the committee:
The claimant or Bhumiputra, once recognized, does not get the house for free. The Bill states the Bhumiputra Adhikarini may, by an order, “declare a Bhumiputra to be the owner of the dwelling unit occupied by him upon payment of an amount equivalent to the value of land calculated at the market rate”.
An appeal against the Bhumiputra Adhikarini’s decision can be filed before the Administrative Tribunal within 30 days. The four-page bill states: “No suit, prosecution or any other legal proceedings shall lie against the Government or any officer or employee of the Government or any person authorized by the Government or Bhumiputra Adhikarini or its members for anything which is done, or intended to be done, in a good faith under this Act.”
It states that no court shall have jurisdiction “to entertain, decide or deal with any question which is to be decided by the Bhumiputra Adhikarini and Administrative Tribunal under this Act”.
The objective of the Law:
The objective, Chief Minister Pramod Sawant said, was to enable the ‘Mool Goenkar (original Goan)’ to live with dignity.
Chief Minister Promod Sawant:
The CM said, “In the last so many years there have been cases of homes built by a person or his parents but the land is not in his name. There is always a sword dangling over their head that someone will file a case against them (over ownership).
The land is of different kinds like ancestral property, communidade property, panchayat land. Everyone had wished for the house that they lived in, their generations lived in, to be theirs.
” He said there were several such cases in rural areas including Sattari, Sanguem, and Pernem. “My brothers and sisters have been waiting for this. They built 250-300 sq m homes, built by their parents, but the land could never be theirs.”