Assam Gramdan Rules, 1962

{
    "id": 13601,
    "slug": "assam-gramdan-rules-1962",
    "title": "Assam Gramdan Rules, 1962",
    "short_title": "Assam Gramdan Rules, 1962",
    "act_number": "",
    "act_year": 1962,
    "act_type": "STATE",
    "location": "Assam",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "Assam Gramdan Rules, 1962",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title and commencement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(a) \"Act\" means the Assam Gramdan Act, 1961 (Assam Act 1 of 1962);\n(b) \"Deputy Commissioner\" means the Deputy Commissioner of the District and in the case of a sub-division includes the Sub-divisional Officers;\n(c) \"Form\" means a form appended to these rules ;\n(d) \"Section\" means a section of the Act;\n(e) \"Sub-Deputy Collector\" means the Sub-Deputy Collector in charge of Circle within which the land donated is situated ;\n(f) All words and expressions used in these rules and not defined herein but defined in the Act shall respectively have the same meaning as assigned to them in the Act.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "4",
            "title": "3. Form of declaration under Section 4.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Documents to be filed with the declaration under Section 4.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Publication of declaration.",
            "chapter": null,
            "content": "(a) office of the Deputy Commissioner ;\n(b) office of the mouzadar or Tahsildar, as the case may be, Anchalik Panchayat and the Gaon Panchayat within whose jurisdiction the land covered by the declaration is situated.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Procedure for enquiry and disposal of objections.",
            "chapter": null,
            "content": "(i) whether the person making the declaration has a prima facie s right, title or interest in the land specified in the declaration ;\n(ii) whether such person is legally competent to make the declaration ;\n(iii) whether the particulars contained in the declaration are correct; and\n(iv) whether the land is in arrear in respect of land revenue, local rate and other dues.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Appeal.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Procedure for declaration of donation of gramdan before the commencement of the Act.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Form and manner of declaration of gramdan village in the matter of enquiry in this respect.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Declaration of a village as gramdan village.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Separation of gramdan village from revenue village.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Manner of donation of land in gramdan village.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. Register of Members of Gram Sabha.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. Establishment of Gram Sabha Adalat.",
            "chapter": null,
            "content": "\"I........having been appointed a member of the Gram Sabha Adalat of..........gramdan village, swear in the name of God/solemnly affirm, that I will duly and faithfully and to the best of my ability, knowledge and judgement, perform the duties of my office without fear or favour, affection or ill-will.\"",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "15",
            "title": "15. Resignation of the Chairman or member of a Gram Sabha Adalat.",
            "chapter": null,
            "content": "(b) (i) If in the opinion of the State Government a member of a Gram Sabha Adalat has been guilty of misconduct in the discharge of his duties or of any disgraceful conduct or neglects or refuses to perform, or has become incapable of performing any of the duties as a member of the Gram Sabha Adalat, the State Government may remove such member after giving him an opportunity of being heard and after such enquiry as is deemed necessary.\n(ii) If any enquiry is held under Clause (i), the State Government may suspend such member from being on the Gram Sabha Adalat for such period as they think fit.\n(iii) On removal of a member from Gram Sabha Adalat under Clause (i) his office shall become vacant and shall be disqualified for being elected as a member of Adalat for a period of three years from the date of his removal or for such lesser period as the State Government may allow for any particulars case.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "16",
            "title": "16. Procedure to be followed by a Gram Sabha Adalat.",
            "chapter": null,
            "content": "(1) Lodging of complaints. -A case before a Gram Sabha Adalat may be instituted by a complaint made orally or in writing to the Chairman or in his absence to any member of a Gram Sabha Adalat authorised by him on payment of a fee as prescribed in Rule 17. If the complaint is made orally, the Chairman or the member so authorised shall record the same and the name and address of the complainant and of the accused person or persons and shall direct the complainant to appear before it on a day fixed.\n(2) Dismissal of frivolous, vexatious or false cases. -If on consideration of the complaint, or an examination of the complainant, a Gram Sabha Adalat is of opinion that the allegations are frivolous or vexatious or false, it shall dismiss the case by an order in writing.\n(3) Dismissal of a case for default. -If a complainant without showing sufficient cause fails to appear before a Gram Sabha Adalat on the day fixed, or if its opinion he shows negligence in prosecution of his case, it may dismiss the case for default and discharge the accused person(s) by an order in writing.\n(4) Appearance of accused. -(i) If the complaint be not dismissed, a Gram Sabha Adalat shall, by summoning or otherwise, require an accused to appear and answer the petition.\n(ii) If the accused fails to appear or cannot be found, a Gram Sabha Adalat shall request the nearest Magistrate who may issue a warrant for the arrest of the accused and when arrested may forward him for trial to it or release him on bail to appear before it.\n(iii) Gram Sabha Adalat shall release an accused brought before it under sub-Rule (4) (ii) on his executing a bond for a sum not exceeding one hundred rupees to appear before it whenever called for the pending case.\n(iv) A Gram Sabha Adalat may not compel a woman to appear in person against her will as witness, but she may be examined on commission.\n(5) Trial and finding of the Gram Sabha Adalat. -(i) The Gram Sabha Adalat after hearing both the parties and their witnesses, if any, shall give its findings in writing.\n(ii) The Gram Sabha Adalat is not required to follow the provisions of the Code of Criminal Procedure (Act 5 of 1898) or the Indian Evidence Act, 1872 but the deposition of the parties or of their witnesses, if any, shall be recorded and filed with the case records.\n(iii) If the Chairman of the Gram Sabha Adalat is not sitting, the presiding member shall be chosen by lot.\n(iv) No decision in any case shall be arrived at by a Gram Sabha Adalat if at least 3 of its members are not present at all sittings.\n(v) If the members of a Gram Sabha Adalat are not unanimous, the majority decision shall prevail. In the event of equality of votes, the record shall be forwarded to the District Magistrate or Sub-divisional Magistrate, as the case may be, or decision.\n(6) Compensation to the complainant. -The Gram Sabha Adalat may award any compensation to the complainant out of the fine imposed on the accused.\n(7) Compensation to the accused. -If any Gram Sabha Adalat, after enquiry, is satisfied that a criminal case brought before it, is false or frivolous or vexations, such Adalat may order the complainant to pay to the accused such compensation not exceeding rupees twenty-five as it deems fit.\n(b) In respect of institution, trial and disposal of civil cases, the procedure to be followed by a Gram Sabha Adalal shall be as follows :\n(1) Every civil suit shall be filed before the Gram Sabha Adalat in the form of a plaint and accompanied by an agreement signed by the plaintiff and the defendants agreeing to refer the dispute to the Adalat for decision.\n(2) On the plaint having been duly filed, the Gram Sabha Adalat shall serve a notice on the defendant to file written statement, on the receipt of which issues shall be framed in the presence of both the parlies. The parties shall thereafter be required to file documents and adduce evidence in support of their respective claims which shall be recorded by the Adalat. Thereafter the Adalat shall pronounce judgement in the open Court after giving the parties a reasonable opportunity of being heard.\n(3) The Gram Sabha Adalat shall ascertain the merits of every suit or proceeding by every lawful means in its power and thereafter shall, by written order, pass such decree as may deem just, equitable and according to good conscience, stating in the decree the amount payable as fees and costs and the person by whom such amounts are payable.\n(4) The Gram Sabha Adalat may direct in writing in the decree that the payment of a sum of money or the deliver of any moveable property may be made by instalments.\n(5) Issue, service and execution of summons and other processes and notices. -(i) Every summons, notice or any other process issued by a Gram Sabha Adalat under the Act shall be in writing in duplicate signed and sealed by the Chairman of the Adalat;\n(ii) such process shall be served by an employee of the Gram Sabha Adalat on the person if practicable personally by delivering or tendering him one of the duplicates of the process;\n(iii) every person on whom process is so served be required by the serving officer to sign a receipt on the back of the other duplicate;\n(iv) when the person against whom the process has been issued cannot, by the exercise of due diligence, be found, it may be served by leaving one of the duplicates with some adult male member of his family ;\n(v) if the service in any of the ways above cannot be effected by exercise of due diligence, the serving officer shall affix one of the duplicates of the process to some conspicuous part of the house or homestead in which the persons concerned ordinarily resides and thereafter the process shall be deemed to have been duly served.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "17",
            "title": "17. Fees to be levied by a Gram Sabha Adalat.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "18",
            "title": "18. Procedure for execution of sentences of a Gram Sabha Adalat.",
            "chapter": null,
            "content": "(b) If after the expiry of the said fifteen days, the amount remains unpaid, the Gram Sabha Adalat shall proceed to recover it under the provisions of Section 386 of the Code of Criminal Procedure (Act 5 of 1898) and may, if it finds any difficulty in its recovery, certify the fact to the District Magistrate or the Sub-divisional Magistrate within whose jurisdiction the Adalat lies, and such Magistrate shall recover it as if the sentence of fine or the award of compensation had been passed by him, and remit the amount to the Adalat.\n(b) If on the application of the decree-holder or the judgement-debtor, the Gram Sabha Adalat which passed the decree or the order finds after enquiry that the decree has been satisfied wholly or partly the Adalat shall enter the fact in the register maintained for the purpose.\n(c) If the decree is not satisfied within the specified time, the decree-holder may apply to the Gram Sabha Adalat which passed the decree in a written application in a tabular form, as provided under Order 21, Rule 11 of the Code of Civil Procedure (Act 5 of 1908), as far as may be applicable. Thereafter the Adalat shall proceed to execute the decree in the accordance with the provisions laid down in Order 21 of the said Code so far as may be applicable.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "19",
            "title": "19. Disputes regarding allotment of land.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "20",
            "title": "20. Manner of borrowing moneys and their limits.",
            "chapter": null,
            "content": "Form I\nForm I\n[ See Rule 3]\nDeclaration Under Section 4 of the Assam Gramdan Act, 1961 (Assam Act 1 of 1962)\nDeclaration Under Section 4 of the Assam Gramdan Act, 1961 (Assam Act 1 of 1962)\n(1) that I/we have understood the provisions of the Assam Gramdan Act, 1961 (Assam Act 1 of 1962);\n(2) that I/we..................am/are not minor(s),\n(3) that I/we.........am/are owner(s) of the land particulars of which are given below, being patta holder (s) in respect of the aforesaid land ;\n(4) that the aforesaid land-\n(a) is not owned by two or more persons as co- owners/that the land is owned jointly by.............are jointly making this declaration ;\n(b) is not subject to mortgage or any encumbrances whatsoever/subject to mortgage and this declaration is made jointly be the mortgagor.............(name and address) and the mortgagee...........(name and address);\n(c) is not hypothecated as security for any Government loans or any other Government dues directly or indirectly ;\n(d) is not/is held under a grant, lease or assignment from the State Government without permanent rights and the previous approval of the State Government is attached herewith ;\n(e) is not in arrears in respect of land revenue, local rates other dues to the Government ;\n(5) that the original copy of the patta and revenue receipt for the current years in respect of the land are attached thereto.\n(6) that I/we hereby voluntarily donate by way of gramdan, all my/our lands in village..................specified below :\nParticulars of the land(s)\nParticulars of the land(s)",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "1",
            "title": "1. Circle......",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "2",
            "title": "2. Mouza.......",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "3",
            "title": "3. Village......",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "4",
            "title": "4. Patta No...",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "5",
            "title": "5. Area.........",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "6",
            "title": "6. Dag Nos......",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "7",
            "title": "7. Revenue/Rent........",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "8",
            "title": "8. Name, parentage, address and residence of the patta/estate holder....",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "9",
            "title": "9. Name, parentage of tenant, if any........",
            "chapter": null,
            "content": "(7) that I/we do not own any other lands in this village.\nSignature(s)\nVerification\nVerification\n(Signature(s)\nForm II\nForm II\n[ See Rule 5]\nNotice Under Section 4 (3) of the Assam Gramdan Act, 1961 (Assam Act 1 of 1962)\nNotice Under Section 4 (3) of the Assam Gramdan Act, 1961 (Assam Act 1 of 1962)\nSerial No.\nName(s) of person(s)\nParticulars of lands\nSub-Deputy Collector\nNote. - In filing in the last date for filing objections sufficient margins should be given so that the people will get at least 30 days' clear notice from the last date of publication of the notice in the places specified in Rule 5.\nNote.\nForm III\nForm III\n[ See Rule 9]\nDeclaration Under Section 5 (1) (C) of the Assam Gramdan Act, 1961 (Assam Act 1 of 1962)\nDeclaration Under Section 5 (1) (C) of the Assam Gramdan Act, 1961 (Assam Act 1 of 1962)\n(1) that I/we have understood the provisions of the Assam Gramdan Act, 1961 (Assam Act, 1 of 1962);\n(2) that I/we am/are adult(s).\n(3) that I/we............am/are resident(s) in the aforesaid village ;\n(4) that I/we desire to participate in the Gramdan Community.\nSignature(s)\nVerification\nVerification\nSignature(s)\nForm IV\nForm IV\n[ See Rule 12]\nDecration Under Section 8 Of The Assam Gramdan Act, 1961 (Assam Act 1 of 1962)\nDecration Under Section 8 Of The Assam Gramdan Act, 1961 (Assam Act 1 of 1962)\n(1) that I/we have understood the provisions of the Assam Gramdan Act, 1961 (Assam Act 1 of 1962);\n(2) that I/we...............am/are not minor(s);\n(3) that I/we am/are owner(s) of the land particulars of which are given below, patta-holder(s) in respect of the aforesaid land ;\n(4) that the aforesaid land-\n(a) is not owned by two or more persons as co-owners/that the land is owned jointly by.................who are jointly making this declaration ;\n(b) is not subject to mortgage or any other encumbrances whatsoever/is subject to mortgage and this declaration is made jointly by the mortgagor.................(name and address) and the mortgagee............(name and address) ;\n(c) is not hypothecated as security for any Government loan or any other Government dues directly or indirectly ;\n(d) is not/is held under a grant, lease or assignment from the State Government without permanent rights/and the previous approval of the State Government is attached herewith ;\n(e) is not in arrears in respect of land revenue, local rates or other dues to the Government.\n(5) that the original copy of the Patta and revenue receipt for the current year in respect of the land are attached thereto.\n(6) that I/we hereby voluntarily donate by way of gramdan, the lands specified below :\nParticulars of the land(s)\nParticulars of the land(s)",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "1",
            "title": "1. Circle.........",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        },
        {
            "number": "2",
            "title": "2. Mouza..........",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "3",
            "title": "3. Village  ......",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 31
        },
        {
            "number": "4",
            "title": "4. Patta No...........",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 32
        },
        {
            "number": "5",
            "title": "5. Area...........",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 33
        },
        {
            "number": "6",
            "title": "6. Dag Nos........",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 34
        },
        {
            "number": "7",
            "title": "7. Revenue/Rent.........",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 35
        },
        {
            "number": "8",
            "title": "8. Name, parentage, address the residence of the patta/estate-holder.......",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 36
        },
        {
            "number": "9",
            "title": "9. Name, parentage of tenant, if any...........",
            "chapter": null,
            "content": "Signature(s)\nVerification\nVerification\nSignature(s)\nForm V\nForm V\n[ See Rule 10]\nDeclaration Under Section 5 (3) of the Assam Gramdan Act, 1961 (Assam Act 1 of 1962)\nDeclaration Under Section 5 (3) of the Assam Gramdan Act, 1961 (Assam Act 1 of 1962)\nSignature\nDeputy Commissioner",
            "footnote": "",
            "is_definition": false,
            "sort_order": 37
        }
    ],
    "metadata": {
        "Act ID": "Last Updated 12th February, 2020 [ass283]",
        "Act Number": "",
        "Enactment Date": "",
        "Act Year": "1962",
        "Short Title": "Assam Gramdan Rules, 1962",
        "Type": "STATE",
        "Location": "Assam"
    },
    "updated_at": "2026-09-29 21:55:18"
}