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Assam Gramdan Act, 1961
Assam Gramdan Act, 1961
Sections
1. Short title, extent and commencement.
Section 12. Definitions.
Section 23. Act to have overriding effect.
Section 34. Donation of land by way of gramdan.
Section 44A. Persons who may join gramdan community without donating land.
Section 4A5. Declaration of a village, gramdan village.
Section 56. Registration of part of village as a separate revenue village.
Section 67. Effect of declaration as gramdan village.
Section 78. Donation of land in gramdan villages.
Section 89. Establishment and constitution of the Gram Sabha.
Section 910. Register of Members.
Section 1011. President of the Gram Sabha.
Section 1112. Committees.
Section 1213. Officers and servants of Gram Sabha.
Section 1314. Removal of officers and servants.
Section 1415. Conduct of business of Gram Sabha.
Section 1516. Powers and functions of the Gram Sabha.
Section 1617. Certain persons who have a right to allotment of land.
Section 1718. Establishment of Gram Sabha Adalat.
Section 1819. Certain cases not to be tried by a Gram Sabha Adalat.
Section 1920. Transfer of cases by the Gram Sabha Adalat.
Section 2021. Revision.
Section 2122. Procedure before Gram Sabha Adalat.
Section 2223. Allotment of land and conditions thereof.
Section 2324. Disputes regarding allotment of land.
Section 2425. Eviction of allottee.
Section 2526. Power of the Gram Sabha to recover dues.
Section 2627. Act of Gram Sabha not to be invalidated.
Section 2727A. Bhoodan Board to function as Gramdan Board.
Section 27A28. Gram Nidhi.
Section 2829. Application of Gram Nidhi.
Section 2930. Borrowing powers of Gram Sabha.
Section 3031. Accounts and audit.
Section 3132. Power to exempt from stamp duty etc.
Section 3233. Application of Panchayat law to the Gram Sabha.
Section 3334. Power to make rules.
Section 3435. Power to make regulations.
Section 3536. Supersession of Gram Sabha.
Section 36
assam-gramdan-act-1961-1961.json
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38 Sections
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Assam
{
"id": 13600,
"slug": "assam-gramdan-act-1961-1961",
"title": "Assam Gramdan Act, 1961",
"short_title": "Assam Gramdan Act, 1961",
"act_number": "Assam Act 1 of 1962",
"act_year": 1961,
"act_type": "STATE",
"location": "Assam",
"law_status": "unknown",
"enactment_date": null,
"description": "Assam Gramdan Act, 1961",
"preamble": "",
"section_label": "Section",
"sections": [
{
"number": "1",
"title": "1. Short title, extent and commencement.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 0
},
{
"number": "2",
"title": "2. Definitions.",
"chapter": null,
"content": "(a) 'adult' means a person who has completed 21st years of age ;\n(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 ;\n(c) 'Government' means the Government of Assam ;\n(d) 'Gramdan' means a donation of land situated in a village which is made voluntarily for the purposes of this Act ;\n(e) 'Gramdan village' means a village declared to be a gramdan village under Section 5 ;\n(f) 'Gram Sablia' means Gram Sabha established under Section 9 ;\n(g) 'Owner' means-\n(i) in relation to land held by a tenant with permanent rights, the tenant;\n(ii) in relation to land held under a grant, lease or assignment from Government, the holder ; and\n(iii) in relation to any other land, the person to whom the land belongs;\n(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 ;\n(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 ;\n(j) 'prescribed' except where the words \"prescribed by Regulations\" are used, means prescribed by rules made under this Act;\n(k) 'Regulation' means a regulation made by a Gram Sabha under Section 34;\n(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;\n(m) 'village' means a revenue village registered, such in the revenue records and includes-\n(i) a part of a revenue village whether a hamlet, tola, para or otherwise; and\n(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(n) 'Panchayati Adalat' means a Panchayati Adalat established under Section 86 of the Assam Panchayat Act, 1959.",
"footnote": "",
"is_definition": true,
"sort_order": 1
},
{
"number": "3",
"title": "3. Act to have overriding effect.",
"chapter": null,
"content": "The Gramdan Village",
"footnote": "",
"is_definition": false,
"sort_order": 2
},
{
"number": "4",
"title": "4. Donation of land by way of gramdan.",
"chapter": null,
"content": "(a) in the case of land subject to a mortgage by the mortgagor and the mortgagee jointly ;\n(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.",
"footnote": "",
"is_definition": false,
"sort_order": 3
},
{
"number": "4A",
"title": "4A. Persons who may join gramdan community without donating land.",
"chapter": null,
"content": "(i) to join the gramdan community of that village ; and\n(ii) to make a periodical contribution of one-fortieth of his net annual income or such other share as the Gram Sabha for that village may fix, to be computed in such manner and to be paid within such time as may be prescribed, for community purposes.",
"footnote": "",
"is_definition": false,
"sort_order": 4
},
{
"number": "5",
"title": "5. Declaration of a village, gramdan village.",
"chapter": null,
"content": "(a) the extent of lands in respect of which declarations filed under Section 4 have been confirmed is not less than fifty one per cent of the total extent of lands under the private ownership of the residents in that village;\n(b) the number of persons whose declarations have been so confirmed is not less than seventy-five per cent of the total number of persons owning lands and residing in the village ; and\n(c) not less than seventy-five per cent of the adults residing in the village have declared in the prescribed form and manner their desire to participate in the gramdan community ;",
"footnote": "",
"is_definition": false,
"sort_order": 5
},
{
"number": "6",
"title": "6. Registration of part of village as a separate revenue village.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 6
},
{
"number": "7",
"title": "7. Effect of declaration as gramdan village.",
"chapter": null,
"content": "(a) all rights, title and interests of persons whose declarations have been confirmed under Section 4 in or over the lands covered by such declarations shall cease and shall stand transferred to and vest in the Gram sabha established for that gramdan village ;\n(b) the Gram Sabha shall be responsible for the payment of land revenue or rent and other cesses and rates in respect of the lands vesting in the Gram Sabha falling due on or after the date of such vesting as well as such land revenue or rent and any other cesses and rates due on the date of such vesting and shall also be responsible for all encumbrances whatsoever in respect of the lands vesting in the Gram Sabha as on the date of such vesting :",
"footnote": "",
"is_definition": false,
"sort_order": 7
},
{
"number": "8",
"title": "8. Donation of land in gramdan villages.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 8
},
{
"number": "9",
"title": "9. Establishment and constitution of the Gram Sabha.",
"chapter": null,
"content": "(a) is not a citizen of India, or\n(b) is of unsound mind and stands so declared by a competent court.",
"footnote": "",
"is_definition": false,
"sort_order": 9
},
{
"number": "10",
"title": "10. Register of Members.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 10
},
{
"number": "11",
"title": "11. President of the Gram Sabha.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 11
},
{
"number": "12",
"title": "12. Committees.",
"chapter": null,
"content": "(a) standing committees for exercising such of the powers and discharging such of the duties and functions of the Gram Sabha as may be prescribed by regulations ;\n(b) ad-hoc committees for enquiring into or reporting and advising on any matter which the Gram Sabha may refer to them.",
"footnote": "",
"is_definition": false,
"sort_order": 12
},
{
"number": "13",
"title": "13. Officers and servants of Gram Sabha.",
"chapter": null,
"content": "(a) A Secretary who shall exercise such powers and perform such duties as may be prescribed by regulations or as may be delegated to him by the President ;\n(b) such other officers and servants as may be necessary for the efficient performance of its functions.",
"footnote": "",
"is_definition": false,
"sort_order": 13
},
{
"number": "14",
"title": "14. Removal of officers and servants.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 14
},
{
"number": "15",
"title": "15. Conduct of business of Gram Sabha.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 15
},
{
"number": "16",
"title": "16. Powers and functions of the Gram Sabha.",
"chapter": null,
"content": "(a) take steps in inculcate and develop in the village community the spirit of collective responsibility, mutual aid, and to promote the undertaking and participation in co-operative activities ;\n(b) take steps to promote multi-sided and integrated development of the village community;\n(c) arrange for the maintenance of destitute children and old and infirm persons;\n(d) prepare and implement schemes for the improvement of agriculture in the village and the best utilization of lands in the village ;\n(e) set apart land for community purposes ;\n(f) prepare and implement schemes for the general development of the village including promotion of small scale industries therein and the proper utilization of local resources and man-power ;\n(g) allot such lands as are available for the purpose to land less persons;\n(h) prepare and implement schemes for regional self- sufficiency in articles of food, clothing and other necessities of life and to that end secure the co-operation and the assistance of the Government and other institutions or agencies ;\n(i) promote consolidation of holdings ;\n(j) grant loan to any member of the Gram Sabha, whether an allottee of land or not, for any purpose whether agricultural or not;\n(k) take measures for improvement of lands and reclamation of waste lands and introduce improved methods of cultivation ;\n(l) promote the industrial development of the village;\n(m) facilitate the elimination on unemployment in the village ;\n(n) raise voluntary contributions from the village for community purposes;\n(o) maintain the accounts of the Gram Nidhi ;\n(p) prepare and maintain village records including register giving details of land holdings in the possession of persons under the Gram Sabha ;\n(q) raise a Village Peace Force or Shanti Dal for the maintenance of peace in the village by peaceful means ; and\n(r) perform such other functions and duties and exercise such other powers as may, from time to time, be prescribed.",
"footnote": "",
"is_definition": false,
"sort_order": 16
},
{
"number": "17",
"title": "17. Certain persons who have a right to allotment of land.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 17
},
{
"number": "18",
"title": "18. Establishment of Gram Sabha Adalat.",
"chapter": null,
"content": "(a) any dispute of a civil nature between residents of the Gramdan village which the parties have by a written agreement, referred to the Gram Sabha Adalat for decision ;\n(b) any criminal case other than a case involving an offence which is not compoundable, or which is compoundable only with the permission of the court, under the provisions of the Code of Criminal Procedure, 1898.[Now Code of Criminal Procedure, 1973 (2 of 1974).",
"footnote": "",
"is_definition": false,
"sort_order": 18
},
{
"number": "19",
"title": "19. Certain cases not to be tried by a Gram Sabha Adalat.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 19
},
{
"number": "20",
"title": "20. Transfer of cases by the Gram Sabha Adalat.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 20
},
{
"number": "21",
"title": "21. Revision.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 21
},
{
"number": "22",
"title": "22. Procedure before Gram Sabha Adalat.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 22
},
{
"number": "23",
"title": "23. Allotment of land and conditions thereof.",
"chapter": null,
"content": "(a) the allottee shall be liable to pay annually to the Cram Sabha an amount equal to the land revenue, rent, cesses, rates and other taxes payable in respect of the land allotted to him before such dates or date as may by prescribed ;\n(b) the allottee shall contribute annually to the Gram Sabha one-fortieth of this net agricultural income or such other share, quantity or proportion of his income as the Gram Sabha may determine ;\n(c) the allottee shall not allow the land allotted to him to remain uncultivated for a period exceeding two years ;\n(d) the allotment made to a person shall be heritable ;\n(e) the allottee may transfer his allotment for consideration either to the Gram Sabha or to any person joining the gramdan community of the village, or to the State Government or a co-operative society, to secure the payment of a loan contracted by him :\n(f) the allottee must cultivate the land allotted to him personally if the land allotted to him is not included in the land donated by him, if any ;\n(g) except as otherwise provided in this Act, the allottee shall not be disturbed from the possession of such land by the Gram Sabha without his consent.",
"footnote": "",
"is_definition": false,
"sort_order": 23
},
{
"number": "24",
"title": "24. Disputes regarding allotment of land.",
"chapter": null,
"content": "(i) one member nominated by the applicant,\n(ii) one member nominated by the Gram Sabha, and\n(iii) one member nominated jointly by the members referred to in Clauses (i) and (ii) or if they do not agree, by the prescribed authority.",
"footnote": "",
"is_definition": false,
"sort_order": 24
},
{
"number": "25",
"title": "25. Eviction of allottee.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 25
},
{
"number": "26",
"title": "26. Power of the Gram Sabha to recover dues.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 26
},
{
"number": "27",
"title": "27. Act of Gram Sabha not to be invalidated.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 27
},
{
"number": "27A",
"title": "27A. Bhoodan Board to function as Gramdan Board.",
"chapter": null,
"content": "(i) to issue such directions and guidance to the Gram Sabhas in exercising powers and discharging functions under this Act,\n(ii) to do such other acts as may be necessary and expedient for the purpose and furtherance of the subjects of this Act.\nThe Gram Nidhi",
"footnote": "",
"is_definition": false,
"sort_order": 28
},
{
"number": "28",
"title": "28. Gram Nidhi.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 29
},
{
"number": "29",
"title": "29. Application of Gram Nidhi.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 30
},
{
"number": "30",
"title": "30. Borrowing powers of Gram Sabha.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 31
},
{
"number": "31",
"title": "31. Accounts and audit.",
"chapter": null,
"content": "Miscellaneous",
"footnote": "",
"is_definition": false,
"sort_order": 32
},
{
"number": "32",
"title": "32. Power to exempt from stamp duty etc.",
"chapter": null,
"content": "(a) the stamp duty with which, under any law for the time being in force, any declaration of donation under Section 4 or Section 8 or any instrument executed by or on behalf of a Gram Sabha is chargeable ;\n(b) any fee payable by a Gram Sabha or any owner who donates land under Section 4 or Section 8, under the law of registration for the time being in force.",
"footnote": "",
"is_definition": false,
"sort_order": 33
},
{
"number": "33",
"title": "33. Application of Panchayat law to the Gram Sabha.",
"chapter": null,
"content": "(a) if all the powers and duties and functions of the Gaon Panchayat are to be exercised and discharged by the Gram Sabha-\n(i) the Gaon Panchayat which functioned immediately before the date of notification shall in relation to the revenue village, cease to function therein;\n(ii) all the powers, duties and functions attaching to the Gram Panchayat under the Assam Panchayat Act, 1959, shall in relation to the revenue village, attach to the Gram Sabha and accordingly, the Gram Sabha shall exercise the powers and discharge the duties and functions aforesaid ;\n(iii) the provisions of the Assam Panchayat Act, 1959, shall subject to such restrictions and modifications as the Government may specify in the notification, apply to the Gram Sabha as if it were a Panchayat constituted under the law for that revenue village ;\n(iv) the Gram Sabha shall be entitled to all assets and be subject to all liabilities of the Panchayat as on the date of the notification in so far as such assets and liabilities are relatable to the revenue village :\n(b) in any other case-\n(i) the Panchayat shall cease to exercise the powers and perform the duties and functions specified in the notification in relation to the area within the jurisdiction of the Gram Sabha ;\n(ii) the powers, duties and functions so specified which attached to the Panchayat shall in relation to the area aforesaid attach to the Gram Sabha and accordingly, the Gram Sabha shall exercise these powers and discharge these duties and functions ;\n(iii) the provisions of the Assam Panchayat Act, 1959 shall, subject to the restrictions and modifications specified in the notification, apply to the Gram Sabha as if it were a Panchayat constituted under the Assam Panchayat Act of 1959 for these purposes ;\n(iv) the Gram Sabha shall be entitled to such of the assets and be subject to such of the liabilities of the Panchayat as on the date of notification as may be specified in that notification.\n(i) that any tax, fee or other sum due to the Panchayat all be payable to the Gram Sabha ;\n(ii) that appeals, petitions or other applications with reference to any such tax, fee or sum which are pending on the date of such notification shall be disposed of by the Gram Sabha.",
"footnote": "",
"is_definition": false,
"sort_order": 34
},
{
"number": "34",
"title": "34. Power to make rules.",
"chapter": null,
"content": "(a) the form of declarations under this Act and the documents to be filed along with them ;\n(b) the authorities before which declarations and objections under this Act may be filed ;\n(c) the nature, scope and manner of enquiries and the hearing and disposal of objections, under this Act;\n(d) the manner of preferring appeals under this Act, the authorities to whom they may be preferred and the procedure for hearing and disposal of such appeals ;\n(e) the manner in which, the intervals at which the register of members may be revised and brought up-to-date ;\n(f) the procedure to be followed by a Gram Sabha Adalat in the institution, trial and disposal of civil and criminal cases ;\n(g) the issue, service and execution of summons and other processes and notices of a Gram Sabha and Gram Sabha Adalat;\n(h) the procedure for the execution of decrees, orders and sentences of a Gram Sabha Adalat ;\n(i) the fees to be levied by a Gram Sabha Adalat for institution of cases, for the issue of processes and for obtaining copies of documents and other matters;\n(j) the manner of borrowing moneys by a Gram Sabha and borrowing limits ; and\n(k) any other matter that is to be or may be prescribed.",
"footnote": "",
"is_definition": false,
"sort_order": 35
},
{
"number": "35",
"title": "35. Power to make regulations.",
"chapter": null,
"content": "(a) the meetings of the Gram Sabha, the conduct business thereat and the procedure for disposal of the business ;\n(b) the election of President;\n(c) the powers and duties of the President and Secretary ;\n(d) the circumstances and the manner in which the President may be removed from office;\n(e) the constitution of standing and ad-hoc committees, their powers and duties, the term of office of members and the conduct of their business and the circumstances and the manner in which a committee may be dissolved or reconstituted ;\n(f) the appointment, remuneration and conditions of service of the Secretary and other officers and servants of the Gram Sabha and the circumstances in which they may be removed from service and the manner of such removal ;\n(g) the maintenance of the accounts of the Gram Sabha ;\n(h) the principles to be followed in the allotment of land and the levy of rent, fees or other charges for such allotment ;\n(i) the principles to be followed in recovering any payments due to the Gram Sabha on account of any land revenue, rent, cesses, rates or encumbrances due on the date of vesting on any land, from the owner concerned who donated the land by way of Gramdan ;\n(j) the manner in which lands, if any, set apart for cultivation by the Gram Sabha itself shall be cultivated ; and\n(k) any other matter for which provision is necessary for the purposes of enabling the Gram Sabha in discharge its duties and functions under this Act.",
"footnote": "",
"is_definition": false,
"sort_order": 36
},
{
"number": "36",
"title": "36. Supersession of Gram Sabha.",
"chapter": null,
"content": "(a) is not competent to perform, or persistently makes default in performing the duties assigned to it by this Act; or\n(b) exceeds or abuses the powers assigned to it under this Act; or\n(c) is not functioning in a manner consistent with the provisions of this Act or the rules framed thereunder ;\n(a) The President and Members of all comittees constituted by the Gram Sabha shall, from the date specified in the notification, vacate their office;\n(b) all the powers and duties of the Gram Sabha, shall during the period of supersession be exercised and performed by such person or persons as the State Government may from time to time appoint in this behalf ;\n(c) all properties vested in the Gram Sabha and any balance of the Gram Nidhi, shall be vested in and such of its liabilities as may have been incurred in the discharge of its legitimate functions or which have been incurred in the course of duties performed in the genuine interest of the Gram Sabha concerned, shall be transferred to the Deputy Commissioner of the district or to the Sub-divisional Officer of the sub-division, as the case may be, who shall make such arrangements, as may be deemed necessary until the expiration of the period of supersession ; and\n(d) the Gram Sabha Adalat established for the gramdan village concerned, shall cease to function and all the pending cases and suits shall stand transferred to the Courts of competent jurisdiction, which shall proceed with the cases and suits from such stage at which the proceedings were pending before the Gram Sabha Adalat on the date of transfer, as if the cases and suits were duly instituted in such Courts of competent jurisdiction.\nApplication in Mizoram",
"footnote": "",
"is_definition": false,
"sort_order": 37
}
],
"metadata": {
"Act ID": "Last Updated 12th February, 2020 [ass282]",
"Act Number": "Assam Act 1 of 1962",
"Enactment Date": "",
"Act Year": "1961",
"Short Title": "Assam Gramdan Act, 1961",
"Type": "STATE",
"Location": "Assam"
},
"updated_at": "2026-09-29 21:55:18"
}