Goa Cabinet Approves New Law to Protect Mundkars from Property Transfer Evictions
The Goa state cabinet made a significant decision on Monday. They approved amendments to the Goa Mundkars (Protection from Eviction) Act of 1975. This move aims to stop bhatkars from transferring dwelling houses to anyone other than the mundkar living there.
Key Provisions of the New Law
The new legislation introduces clear restrictions. A bhatkar can only transfer property to a third party with the prior consent of the mundkar. This provision will become law once introduced and passed in the ongoing assembly session.
The bill states a crucial point. If a bhatkar sells, exchanges, mortgages, leases, or transfers his property in any manner, the mundkar's right to the dwelling house remains completely unaffected. The transfer cannot impact the mundkar's residence.
Chief Minister Pramod Sawant announced this decision publicly. He spoke during his Mhaje Ghar live interaction program. The government wants to prevent bhatkars from transferring properties containing mundkar dwellings until all mundkar rights are fully settled under the 1975 Act.
Background of the Goa Mundkar Act
The original Goa Mundkar Act came into force in 1975. It had several important objectives:
- Provide better protection against eviction for mundkars
- Give mundkars the right to purchase their dwelling houses and land at reasonable prices
- Abolish the system of free services by mundkars, converting them into paid services
The Act's statement of objects clearly reiterates the legislature's intent. It aims to safeguard residential security for mundkars and help them acquire ownership rights over their dwelling units.
Problems That Led to the Amendment
The cabinet identified serious issues with the current system. Bhatkars frequently transferred their properties, leading to constant ownership changes. This created substantial hardships for mundkars.
Mundkars faced several specific problems:
- They had to repeatedly amend pending proceedings to substitute new bhatkars
- Many remained unaware of property transfers
- They often didn't know the identity, address, or legal heirs of new purchasers
The cabinet explained the consequences clearly. Mundkars experienced delays and complications in adjudicating their rights due to multiple owners. They faced uncertainty because land is scarce and market dynamics encourage repeated transfers. They endured inconvenience, prolonged litigation, and increased costs from recurring ownership changes during pending matters.
Government's Solution
The government desires to ensure mundkar rights are settled before any transfer occurs. They propose substituting the existing section with a new provision. This will impose a statutory restriction on property transfers by bhatkars.
The bill strengthens protection for mundkars regarding their dwelling houses. It clarifies that bhatkars may transfer property except the dwelling house itself. Such transfers cannot affect the rights, protection, or privileges conferred upon mundkars under the Act.
This legislative change represents a significant step toward protecting vulnerable tenants in Goa's property landscape.
