Assam Gramdan Act, 1961
No: 1 Dated: Jan, 13 1962
THE ASSAM GRAMDAN AC T, 1961
ASSAM AC T No .I OF 1962
An Act to provide for the establishment of gramdan village and for matters connected therewith
Preamble. - Whereas it is expedient to provide for the establishment of gramadan villages in pursuance of the Bhoodan Yojna Movement initiated by Acharya Vinoba Bhave and for matters connected therewith, in the manner hereinafter appearing ;
It is hereby enacted in the Twelfth Year of the Republic of India as follows :
Preliminary
1. Short title, extent and commencement. - (1) This Act may be called the Assam Gramdan Act, 1961.
(2) It extends to the whole of the State of Assam, except the Autonomous Districts under the Sixth Schedule to the Constitution of India.
(3) It shall come into force on such date as the State Government may, by notification in the official Gazette, appoint.
2. Definitions. - In this Act, unless the context otherwise requires-
(a) 'adult' means a person who has completed 21st years of age ;
(b) 'common land' in a village means Government waste land and includes land used for reserves, for use for the common purposes of the village ;
(c) 'Government' means the Government of Assam ;
(d) 'Gramdan' means a donation of land situated in a village which is made voluntarily for the purposes of this Act ;
(e) 'Gramdan village' means a village declared to be a gramdan village under Section 5 ;
(f) 'Gram Sablia' means Gram Sabha established under Section 9 ;
(g) 'Owner' means-
(i) in relation to land held by a tenant with permanent rights, the tenant;
(ii) in relation to land held under a grant, lease or assignment from Government, the holder ; and
(iii) in relation to any other land, the person to whom the land belongs;
(h) 'Panchayat' for the purpose of this Act means the Gaon Panchayat, or the Anchalik Panchayat, as the case may be, established under the Assam Panchayat Act, 1959 ;
(i) 'person interested' in relation to any land, means any person claiming any right, title or interest in the land and includes a person having a right of easement affecting such land ;
(j) 'prescribed' except where the words "prescribed by Regulations" are used, means prescribed by rules made under this Act;
(k) 'Regulation' means a regulation made by a Gram Sabha under Section 34;
(l) 'Resident,' a person shall be deemed to be 'resident' in a village if he is ordinarily resident in such village, and 'reside' shall be construed accordingly;
(m) 'village' means a revenue village registered, such in the revenue records and includes-
(i) a part of a revenue village whether a hamlet, tola, para or otherwise; and
(ii) a compact area owned by 20 or more families which the Government may, by notification in the official Gazette, declare to be a village for the purpose of this Act;
(n) 'Panchayati Adalat' means a Panchayati Adalat established under Section 86 of the Assam Panchayat Act, 1959.
3. Act to have overriding effect. - The provisions of this Act shall have effect notwithstanding anything to the contrary contained in any other law for the time being in force.
The Gramdan Village
4. Donation of land by way of gramdan. - (1) Any owner of land, not being a minor, may donate by way of gramdan all his lands in a village by filing a declaration in the prescribed form before the prescribed authority.
(2) A declaration under sub-Section (1) shall not be valid unless it is made-
(a) in the case of land subject to a mortgage by the mortgagor and the mortgagee jointly ;
(b) in the case of land held under a grant, lease or assignment from the Government without permanent rights, by the person holding it, with the previous approval of the Government.
(3) Every declaration under sub-Section (1), shall be published in such a manner as may be prescribed, together with a notice requiring all persons interested in the land to submit their objections, if any, in writing to the prescribed authority within thirty days of the publication of the declaration.
(4) On the expiry of the period specified in sub-Section (3), the prescribed authority may, after considering the objections received, if any, and after making such further enquiries as may be prescribed, by order, either confirm the declaration or refuse to confirm it.
(5) Any person aggrieved by an order of the prescribed authority under sub-Section (4), may file an appeal to the authority prescribed in this behalf within forty-five days of the date of order and subject to the decision on such appeal, the order of the prescribed authority shall be final.
(6) A declaration which the prescribed authority has by, order, refused to confirm under sub-Section (4) shall be of no effect.
(7) No person who has filed a declaration under sub-Section (1), shall thereafter be competent to transfer or create any encumbrance on any land, in respect of which the declaration has been filed, unless and until an order under sub-Section (4) refusing to confirm the declaration, or an order under sub-Section (3) of Section 5, declaring the village in which the land is situated as not qualified to be a gramdan village is made. Any transfer made or encumbrance created in contravention of this provision shall be void and inoperative.