LexThe Assam Gramdan Act, 1961
Assam · state statute
Open in Lexace · Ask the AI about this actASSAM AC T No .I OF 1962
THE ASSAM GRAMDAN AC T, 1961
(As passed by the Assembly)
R ec ei ve d th e ass en t o f th e P re si den t on th e 1s t Ja nu ar y, 1962
[Published in the Assa m Gazette , Extraordinar y, da ted the 13th
Ja nu ar y 1962]
CO NT EN TS
Pre lim in ary
Sections
1 Sho rt title, extent and com men ceia ent,
2 Definitions.
3 Act to have over-riding effect.
The G ra m da n V ill ag e
4 Donat ion of land by way of Gr am dan.
5 Dec lara tion of a village as Gram dan Village.
6 Registrat ion of par t of village as a s eparate reve nue vill age,
7 Effects^of dec latation as Gram dan Village.
8 Donation o f land in Gr am dan Villa ge,
T he G ra m Sa bh a
9 Establi shm ent and con stitutio n of the Gram Sabha.
10 Reg iste r of m embe rs.
11 President of the Gra m Sabha,
12 Com mitte es.
13 Officers and servants of Gra m Sa bh a.
14 Rem oval of Officers and servants.
15 Condu ct of business o f Gra m Sabha .
16 Duties and functions.
17 Ce rta in person s who have a righ t to allo tme nt to lan d.
18 Power o f th e Gr am S abha to decid e civil an d criminal ca«es.
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Sec tion s
19 Certain cases not to be trie d by a Gra m Sabha.
20 Tra nsfe r of cases b y the G ram Sab ha.
21 Revision.
22 Procedu re before Gram Sab ha
23 Allotm ent of la nd by Gra m Sabha .
24 Dispute s regarding allo tm ent of land.
25 Evic tion o f Allottee.
26 Power of the Gram S abha to recover dues.
27 Act of Gram S abh a not to be inv alid ate d.
J tThe Gram Nidhi
K V28 Gram N idhi.
29 App lication of G ram Nid hi. »
30 Borrowing powers of Gram Sabha.
31 Accounts and Audit.
Miscellaneous
32 Power to exemp t from Sta mp duty, etc.
33 App lication of Panc hay at Law to the Gram Sabin:.
34 Power to make rules.
35 Pow er to m ake regulatio ns.
TH E ASSAM GRAM DAN AC T, 19oi
An
Act
to prov ide fo r the establish ment o f Gramda n Vi'.lages
and fo r matters connected therewith \
Pre am ble W hereas it is exp edie nt to provide tor the est ab
lishm ent of Gra md an Villages in pursu anc e of tin
Bho odan Ya jna Movem ent initiate d by Ach arya » .
Vinoba Bhave and for mat ters conne cted therewith,
in the ma nner her einafte r appearing ;
It is hereby enacted in th e Twe lfth Year of the
Repub lic of Ind ia as follows —
PRELIMINARY
Short title, l. (l ) This Act may be called the Assam Gra mdan
co m meD ce l A c t » 1 9 6 L
ment. (2) It extends to the whole o f the State of Assam
except the Autonomous Districts under the Sixth
Schedule to the Con stitu tion of Ind ia.
(3) It shall come into force on such date as the
Sta te Governme nt ma y, by notification in the Official
Gazette, app oint.
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Definitions, 2. In this Act, unless the context otherwise
require s—
(a) “a du lt” means a person who has completed
21 years o f age ;
(b) “ com mon lan d” in a village means
Gover nm ent waste land and includes lan d used
for reserves for use for the comm on purposes of the
village ;
(c) “ Governm ent ” means the Governm ent
of Assam ;
(d) “Gr am dan” means a donation of land situated
in a village which is made voluntarily for t he purposes
of this A c t;
(« ) “ Gram dan Village ” means a village d ecla red
to be a Gr am dan Village und er Section 5 ;
( / ) “ Gram Sabha” means a Gram Sab ha
established under Section 9 ;
(g) “own er” means—
(t) in relatio n to land held by a tena nt with
per ma nen t rights , the t enan t ;
(li) in relation to lan d held under a grant,
lease or assignment from Gov ernm ent, the holde r ;
and
(iii) in relatio n to any oth er land, the person
to whom the land belongs ;
(A ) “ Panch aya t” for the purposes of this Act Assam Act
mea ns the Gaon Pan cha yat, or the A ncha lik Pa nc ha - XXIV o f
ya t, as t he case may be, estab lished under the Assam
Pa nc ha yat Ac t, 1959 ;
(i) “Person intere sted” in relation to any
lan d, means any person claim ing any rig ht, title
or interest in the lan d and includes a person
hav ing a right of easement affecting such lan d ;
( j ) “ Prescribed” , exce pt where the word s
“ prescribed by Reg ulation s” are used, means pres
crib ed by rules mad e under this Act j
(A ) “Regulation ” means a regu latio n made by
a Gr am Sab ha under section 34 ;
(/) “R esi den t” a pers on shall be deemed to
be “resid ent” in a village, if he is ordinarily' res ide nt
in such village, and “ reside” shall be con stru ed
accordingly^;
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(m ) “V illage” means a revenue village regis
tered as such in the reve nue records, an d in
cludes —
(t) a pa rt of a reven ue village whe ther called
a ha m'ct , tola , para or otherwise ; and
. («) a com pac t area owned by 20 or more
families which the Gov ern ment may, by notification
in the Official Gazette, declare to be a village for
the purposes of this Act ;
(n) “ Panch aya t Ad ala t” means a Paricha yat A ssam Ac t
Ada lat estab lished under Section 86 of the Assam XXIV of
Pan chayat Act, 1959. ’959. < - » , ■
A c t t o .^“v e 3. Tn e provisions of this Act shall have effect a
°effe ct. notwithstanding any thin g to the con trar y con
tained in any other law for the time being in force
TH E GRA MD AN VIL LA GE
Donation of 4 5- (•) Any owner of land, not being a minor, may
land by way don ate by way of g ram dan all his lands in a village by
of Gram dan. filing a dec laration in the prescribed form before the
prescribed aut hor ity,
(2) A dec laration under sub-section (1) shall not
be vab d unless it is made—
(a) In the case of lan d owned by two or more
prrsons as co-owners, by all such persons jointly ;
(b) in the case of land subject to a mortgage by
the mo rtga gor and the mort gage e joi ntly ;
(c ) in the case of la nd held under a gran t, lease
or assignment from the Governm ent wit hou t per ma
nen t rights , by the person holding it, wit h the pre
vious app roval of the Governm ent.
(3) Every dec lara tion under sub-section (1) shall
be published in such a ma nner as may be prescribed,
tog eth er with a notice requiring all persons interested
in the lan d to submit the ir objections, i* ' any, in
writing to the prescribed autho rity within thir ty-day s
of the pub lica tion of the dec laration .
(4) On the expiry of the period specified in sub
jection (3), the prescribed aut hority may , after consi
dering the objectio ns received if any, and afte r making
such fur the r enquiries as m ay be prescribed, by ord er,
either confirm t he declaration or refuse to confirm it.
(5) Ai.y person aggrie ved by an ord er of the p res
cribed autho rity under sub-section (4), may file an
appeal to the autho rity prescribed in this behal f with in
forty-five days of the da te of the order and
subje ct to the decision on such app eal, the ord er of
the prescribed autho rity shall be final.
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oC 5
(6) A declaration which the prescribed authority
has, by order, refused to confi m under sub-section
(4) shall be of no effect.
(7) Where any land has been donated by way of
gramdan before the commencement of this Act, any
person may file a statement to that effect before the
prescribed authority, and thereupon, the provisions o f
sub-sections (3), (4), (5) and < 6 ) shall, so la r as may
be, a pply to such statement.
Declaration 5. (1) Where, in a villa ge,—
a v illage ^he extent of lands in respect of which
Vin” ,e
an declarations filed under Section 4 have been confirmed
is not les s than fifty-one per cent of the total extent
of lands under private ownership in that village ;
(6 ) 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 ; an 1
(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 Gramda n Community ;
the prescribed authority may, after making such
inquiry and in such manner as may be prescribed,
by notification in the Official Gazette, declare that
village to be a Gramd an Vill age with effect from the
date specified in such notification.
(2 ) A copy of every notification under sub-section
(1) shall be displayed in a prominent place in the
village and another copy affixed on a conspicuous
part in the office of the Deputy Commissioner of the
District, or of the Subdivisional Officer of the Subdivi
sion, as the ease may be, and the substance of every
such notification shall also be published in the pres
cribed manner.
(3 ) Where the conditions mentioned in sub
jection (1) are not satisfied, the prescribed authority,
may declare that the village is not a Gramd an Village
and thereupon every declaration under section 4 shall,
notwithstanding that it had been confirmed under
sub-section (4) of section 4, cease to have effect.
Registration 6- (1) A here a part of a revenue village has been
of part of vil-declared to be Gram dan Vil lag e under this Ac t, the
lage as a se- Q r a m Sabha of the Gramd an Village may file an
Pa r a t?. . re v e'app lication before the D eputy Commissioner of the
nue v n ge. Q r Subdivisional Officer of the Subdivi
sion, as the case may be, for separating the part from
the rest of the revenue v illage and for registering the
part as separate revenue village.
(2) On receipt of an applicatio n under sub
section (1) the Deputy Commissioner or the Subdivi
sional Officer, as the case may be, may subject to
such rules as may be prescribed, register the part as a
separate revenue village:
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Provide d th at no pa rt of a revenue village shall he
registered as a separate reve nue village unless the
population of such pa rt is not less than 100.
(3) Where a pa rt of a revenue village has been
regis tered as a separate reven ue village under sub
section (2), the Dep uty Commissioner or the Sub divi-
sion al Officer, as the case may be, shall also cause
the common l and s in the orig inal village to be divided
by metes and bou nds and app ortioned betw een
the two reve nue villages.
Effects o f de- 7- Notwithst anding anyth ing to the con trar y con-
claration as tained in any oth er law for the time being in force,
Gramdan with effect from the date from which a village is
Vill age. declared to be a Gram dan Village by notif ication
under sub-section (1) of Section 5—
(а) All rig hts, title and inte rest of persons whose
declarations have been confirm ed und er Section 4 in
or over the lands covered by such declarations shall
cease and shall stand tran sferred to and vest in the
Gram Sab ha established for that Gram dan V illage;
(б) All such comm on lands in the revenue
village as may be specified by the Governme nt by
notification in the Official Gaz ette shall vest in the
Gram Sabha;
(c) Th e Gram Sab ha shall be responsible for
the pay ment of lan d reve nue and oth er cesses and
rates in resp ect of all the lands vesting in the Gram
Sabha falling due on or after the date of such vesting.
Donation of 8. (1) Any owner of land, not being a minor,
land in hold ing land in a Gram dan Village for which a Gra m
Gramdan ga bh a has been established may, by dec lara tion made
to the prescribed autho rity in the pres cribed manne r,
don ate all or any of his lands in the Gr am dan Village,
and upon the declara tion being confirmed in the ma n
ner referred to in sub-section (2) notwithstanding any
thing to the c ontrary con tain ed in any oth er law for
the time being in force, the don atio n shall be irrevoca
ble and all the rights , title and interest of the don or in
the land donated shall be deem ed to have been duly
tran sferred to an d shall vest in the Gram Sab ha.
(2 ) T h e provisions of sub-se ctions (2), (3), (4),
(5) an d (6) of Section 4 shall app ly to a declara tion
un de r this section as they app ly to a dec lara tion u nd er
sub-section (1) o f Section 4:
Provided th at no declaration shall be confirmed
by the prescribed autho rity with out the approval cf
the Gram S abh a
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Th e G ra m Sa bh a
Estab lish- 9 * (1) Th e Governme nt shall, by notificatio n in
men t an d the Official Ga zet te, establish with effect from the
con stit ution date specified in the notif ication under sub-
Lui,e ra m section (1 > of Section 5, a Gram Sab ha for the Gram-
’ dan Village.
(2 ) The Gram S abha shall consist of all adults
who are e ithe r resid ents of the Gra mdan Villa ge or
own lands th erein:
Provided th at a person shall be disqualified for
being a mem ber of a Gr am Sabha, if he—
(a) is not a citize n of Ind ia, or
(b) is of u nsound min d and stands so declared
by a com petent court.
(3) Th e Gra m Sabha shall be a body corpor ate
having per pet ual succession and a comm on seal with
power to enter into con trac ts and subject to
provisions of this Act to acq uire , hold, adm inis ter or
dispose of p roperty , both mov eable and immo veable
and shall by the said nam e sue and be sued.
Re gis ter of G n t b e e s t a b b s b mc nt of a Gram Sab ha, the
me mb ers prescribed aut hority shall cause to be pre pared a
register in the prescribe d form of all mem bers of the
Gram Sabha and the reg iste r so pre par ed shall be
revised an d bro ug ht up-to -date at such intervals and
in such ma nner as may be prescribed .
Pres iden t of • W A Gra m Sabha shall elect from
the G ra m amo ng its members a Pres ident who shall exercise such
Sabha , powers and discharge such duties as may be pres
crib ed by the regu latio ns.
(2) Th e ter m of office of the President shall be
three years.
Committees. 1 2 - 0 ) A G r a m S a b h a m a Y co ns titu te —
(a) standing com mittees for exercising such of the
powers and disc har ging such of the duties and func
tions of the Gr am Sabh a as inay be pres cribed by
re gu latio ns ;
( b ~ ) ad -ho c comm ittees for enq uiring int o or rep ort
ing and advising on any ma tter whic h the Gram
Sab ha may refer to the m.
(2) The Committe es refe rred to in sub-section (1)
shall be constituted in the ma nner prescribed by
regulations and may be dissolved or reco nstituted in
such circu msta nces a nd in such ma nner as may be
prescribed by re gula tions.
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Officers and 13. A Gram Sablia ruay ap po int—
Servants of
Gr am Sabha. & secretary who shall exercise such powers and
perform such duties as may be prescribed by reg ula
tions or as m ay be dele gated to him by the President ;
(6) such oth er officers and servants as may be
necessary for the efficient performance of its func
tions.
Removal of 14 . A Gram Sab ha may , in such circ ums tanc es
officers and a n c j jn ^u c h ma nn er as m ay be prescribed by regula-
servants. ti o n g r e move the Pres iden t from office or the Sec reta ry
or other officer o r serv ant from service.
Condu ct of
business of
Gra m Sabha,
15. Sub ject to the provisions of the rules if any,
mad e in this beha lf, the business of a Gram Sabha
and of its committees shall be conducted in such
manner as may be prescribed by regulation s ; and
such regu lations may specify the cases in which the
decisions of the Gra m Sabha shall be on the basis of
unanim ity or a majority.
Duties aud 16. (1) It shall be the du ty of every Gra m Sabha
functions. t o m a n a ge the lands vested in it and to do all oth er
things necessary and inc ide nta l the reto in the interests
and for the benefit of the members of the Gra m
Sab ha.
(2 ) In partic ula r and witho ut prejudice to the
provisio ns con tain ed in sub-section (1), the Gra m
Sab ha may—
(«) arrang e for t he cultiva tion of lands vested
in it either by its elf or by allo ttin g them to the resi
dents of th e Gra md an Village, either individually or
jointly, on such terms and cond ition s including the
levy o f any re nt , fee or other charges as it may deem
lit t
« ■
S '
(6) app ortion the produce or income of such
lands amon g the allottees an d the Gram Sab ha ;
(c ) set ap ar t lands for com munity pu rposes ;
(d) gran t loans for purposes of c ultiv ation^
persons to whom land s are allo tted ;
(e ) carry ou t imp rovement to lands ;
( / ) ca rr yo ut measures for the improve ment
ol the meth ods of cultiva tion sn d the r ecla mation o r
waste lands ;
9
(g ) consolidate the land s in the Gram dan
villa ge by exch ange of land or otherw ise.
(A ) und erta ke any agricultura l or non-agricul-
tu ra l enter prise in the inte rest of the residents of the
Gr am dan village ; and
(f) perfo rm such oth er functions as may be
authorised by the Governme nt by notification in the
Official Gazette.
Certai n pe r. 17. Every person who has don ated lan d un de r
sons who s e c ti o n 4 and also every landless pers on who has
*^Vua
f
r, g h t
t declared his desire to partic ipa te in the Gr am dan corn-
toland.m e n mu nit y under clause (c) of sub-se ction (1) of section 5
shall, subject to the regulatio ns made in this beh alf,
be ent itle d to allotment o f land for personal cu ltiv ation.
Pow er of the 18- Th e State Go ver nm ent may establish a Gram
Gram Sa bha Sabha Adalat for a Gr am dan village consisting of
to dec ide s u c h num ber of members of the Grain Sab ha an d in
min atn da sei" s u c h manne r as may be prescribed and such Gram
’ Sabh a Ada lat shall have powe r to try and dispose
of ;—
(a) any dispute of a civil natur e between resi
dents of the G ram dan village which the p arties have t
by a writte n agre eme nt, referred to the Gram Sab ha
Ad ala t for decision ;
(b) any crim inal case oth er th an a case invo l
ving an offence which is n ot com poundable, or which
is com pou nda ble only with the permission of the
court, under the provisions of the Code of Crim inal
Procedur e, 1898.
Act V of
1898.
(2) In any case of conviction , a Gram Sab ha
Ad ala t may impose a sentence of fine not exceeding
Rs. 250; b ut shall not impose a sentence of imprison
ment substan tiall y or in default of paym ent of fine.
(3) No mem ber of a Gra m Sab ha Ad ala t shall
take pa rt in the trial or disposal of any civil or crim i
nal case in or to whi ch he is a pa rty o r is interested.
Ce rta in cases 19 . (1) No Gra m Sabha Adala t shall proc eed with
no t to be any civil case in which the matt er direc tly and substan-
Gram Sa bha l n ^ s s u e is pending for decision in a Pan cha yati
'A da lat or any oth er Court o f com petent jurisdictio n in
a previously ins titute d suit between the same parties
or betw een the parties u nder whom they or any of
the m claim o r has been heard and. finally decided in a
suit betw een the same parties or between the part ies
und er whom they or any o f them claim.
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(2) No Gram Sab ha Adala t shall proceed
wit h the tria l of crim inal case against any pers on
wher e a crim inal case is pend ing against him in any
Pan cha yat i Ad ala t or any other Cou rt in respect of
the sam e offence or on the same facts of any oth er
offence of wh ich the accused mig ht have b een charg ed
or convicted.
Transfer
o f cases by
the Gram
Saaha.
Revision
20. If at any time it app ears to a Gra m Sab ha
Adala t that any case before it is one which shou ld be
tried by a Pan cha yat i Ada lat or an ordinar y cou rt or
th at the offence involved in any criminal case before
it is one for which it can not award ade quate p unish
me nt, it shall submit the case to the District Ju dg e or
the Distr ict Ma gistrate concern ed for tran sfer to a
Pan cha yati Adala t or any oth er Cou rt of co mpe tent
jurisd iction and shall give info rma tion the reo f to the
par ties concern ed.
21. The District Ju dg e or the District Mag istra te
according as it is a civil or crim inal case may, eithe r
on his own motion or on the app lica tion of an y party,
call for the record of any case which has been decided
by the Gram Sab ha Ad ala t and if it app ears to him
th at a failu re of jus tice has occ urr ed, he may make
such ord er in the case as he thinks fit.
Procedure 22. Th e procedu re to be followed by a Gram
Sa bli6 ^ ra n> Sabha A dalat in civil and crim inal cases and in the
enfo rcem ent of its decisions, sentences, decrees and
order s, the powers of a civil or crim inal cou rt which
it may exercise and the fees to be levied by it in civil
an d crim inal cases, shall be pres cribed by rules made
under this Act.
Allotm ent 23 . Notwi ths tan din g any thin g con tain ed in any
oi land by ) a w f o r the tim e being in force, the allotm ent of land
ram abh a a G r a m c ja n Village for cult ivation shall be subject
to the following conditio ns, viz-—
(a) the allo ttee shall, unless specifically exem p.
ted by the Gram Sab ha, cultivate the land personally ;
(i) the allo tme nt shall not confer on the
allo ttee any her itab le or tran sferable intere st in the
lan d allo tted 5
(c) the lan d allotted shall be surrendered to
th e Gram Sab ha in case of general redi stri bution
or, if so req uired by i t ;
(d) on the dea th of the allo ttee , the allo tment
shall stand cancelled.
i i
Exp lan atio n.—For the purposes of this section and
of section 25, land shall not be deem ed to be cul tiva
ted personally unless the person himself or any mem ber
of his family puts in such min imu m labour on the
lan d, as m ay be mad e by the regu lations.
Disp utes re - 24. (1) A Gram Sab ha on app lication made to it by
fotra eiit * 0 ! a n a Sorie v e d person may refer any disp ute reg ard ing
land . allotm ent of land for arbitra tio n by an Arbitration
Board .
(2 ) Every Arbitration Board under sub
section (1; shall consist of—
(i) one mem ber nom inated by the app lica nt,
(«) one mem ber nominat ed by the Gra m
Sab ha, and
(iii) one mem ber nom inated joi ntly by the
members referred t o in clauses (t) and (n) or if they
do no t agree, by the prescribe d aut hority .
(3) Th e decision of t he A rbitration Board shall
be binding on the parties.
Evicti on of 2 5 . A Gram Sabha may evict any allottee from
llottee . t h e [a n d a u o tte d to him if he fails, witho ut suffi
cient cause, to cultivate the lan d personally du rin g
a perio d of two consecutive years.
Pow er of 26. Any sum due to Gram Sa bha shall, on a certifi-
t ae
h? r a m c a t e issued to the Collector by the Gra m Sabha, be
rec over due s r e c o v e r a ^ ' e b y ^he Col lect or as an arr ea r of land
revenue.
Act of G ram 27. No act or proceeding of a Gram Sab ha or
Sab ha no t of any Comm ittee thereof, shall be deemed to be
to be invals- i n v a ]ici by reason only of a defect in its con stit u
tion or of any informality in its proce edings.
TH E GR AM NI DHI
G ri m N id h i 28. (lj Every Gram Sab ha shall have its own
Fund to be called Gram Nidhi and may accept g rant s,
donations, bequests, gifts or loans from the Cen tral
or the State Gov ernmen t or any local autho rity
or any person for all or any of the purposes of
this Act.
(2) All sums and moneys received by the Gram
Sabha, including the profits of any cultivation or
any ente rprise und ertake n by it and the rent, fee or
oth er charges levied on persons to whom land s are
allo tted under this Act shall be cre dite d into the
Gram Nid hi,
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Application 29. Subje ct to the provisio ns of this Act, the
NidhiG f a m G ) a m Nidhi shall be app lied by the G ram Sab ha for
the purposes of this Act which shall include the main
tena nce of destitute children and old and disabled
persons residing in the Gram dan Village.
B o rrowing 30. Subject to such rules as ma y be made in
powers of this behalf, the Gra m Sab ha shall have power to
Gram S aM >a«fio r r o w m o n ey on the security of the G ram Nidhi or
any property oth er than lan d belonging to it for any
of the purposes for whic h the Gram Nidhi may
be applied. A
Account* 31. Th e Gram Sabha shall cause accou nts to be
and audit. ke pt ° f all moneys received and expended by it
and such accounts shall be aud ited every yea r by
aud itors app oin ted by the Gra m Sabha with the
previous app roval of the Governm ent.
MIS CELLAN EO US
Power te 32. Th e Gov ernm ent, by notificatio n in the
exempt Official Gazette, may rem it—fiom Stamp
duty, etc. t [ie s t a r r ip j u t y w j{h which, under any law
for the time being in force, any dec lara tion of do na
tion under section 4 o r section 8 or any inst rum ent
executed by or on behalf of a Gra m Sab ha is charge
able ;
( Z > ) any fee pay able by a Gra m Sab ha or any
owne r who donates land under section 4 or section 8,
under the law of regis tratio n for the time bein g in
force.
. .. . 33. (1) Th e Governmen t at the reque st of a
of P Paim ha-n G r a m Sab ha and after con sult atio n with the Gao n Pan-
& yat law tc cha yat within whose ter rito rial jurisdiction the Gram
Gram Sab ha functions may, by notification in the Official
"a h a - Gazett e, declare th at the Gr am S abha shall exercise all
the powers an d disch arge all the duties and functions
of the Panch aya t or exercise such of the powers and
discharge such o f the duties and functions of the Pa n
cha yat in relation to the revenue village as may be
specified in the notificatio n.
(2 ) Upo n the issue of a notification under sub
section —
(a) if all the powers and duties and functions of
the Gao n Panch aya t are to be exercised a nd discharged
by the Gram Sabha—
(» ) the Gao n Panchayat whic h functioned
immediately before the date of notification shall, in
rela tion to the reve nue village, cease to function
therein.
13
(it) all the powers, duties and functions attach - Assam Act
ing to the Gao n Panchayat und er the Assam Pan - -^ IV o l
chayat Act, 1959, shall, in relation to the reve nue
village, att ac h to the Gram Sab ha and acco rding ly,
the Gra m Sab ha shall exercise the powers and
discharge the d uties and functions afor esaid ;
(tit) the provisions of the Assam Panchayat Assam Act
Act, 1959, shall, subject to such restr ictio ns and XXIV of
modifications as the Governm ent may specify in the
notification, app ly to the Gram Sabha as if it were
r a Pan cha yat constitu ted und er the law for th at
reve nue village ;
(r» ) the Gra m Sab ha shall be ent itle d to all
the assets an d be subje ct to all liabilities of the Pa n
chaya t as on the date of the notifica tion in so far
as such assets and liabilities are relata ble to the
revenue villa ge :
Provided th at the minor ha t situat ed wit hin
the area of a Gram Sabha shall conti nue to be
man aged by the Gao n Pan cha yat within whose terri
torial jurisd iction such min or ha t lies, and a pr o
portion of the income thereo f shall be given to the
Gram Sabha acco rding to the ratio the population
of the Gr am Sab ha bear s to the whole population
of the G aon Pa nchayat area ;
(b) in any oth er case—
(i) the Panch aya t shall cease to exercise the
powers and perform the duties an d functions specified
in the notification in rela tion to the are a wit hin the
jurisd iction of the Gra m Sab ha ;
(it) the powers, duties and functions so speci-
-S fied wh ich attach ed to the Pan cha yat shall in rela tion
to the are a aforesaid att ach to the Gram Sabha and
accordingly, the Gra m Sabha shall exercise these
powers and discharg e these duties and functions ;
(iii) the provisions of the Assam Pan cha yat Assam Act
Act, 1959 shall, subject to the restrictions and modi- XX IV of
locations specified in the notification, app ly to the
Gra m Sab ha as if it were a panchayat constitu ted
under the Assam Panch aya t Act of 1959 for these
purposes ;
(w) the Gra m Sab ha shall be ent itle d to such
of the assets and be subjec t to such of th e liabilities of
the Pan cha yat as on the date of notificatio n as may
be specified in th at notificatio n.
14
(3) Any notification issued under sub-section (1)
may contain such supplemental, incidental and con
sequential provisions as the Government may deem
necessary, and in particula r, may direct—
(i) that any tax, fee or other sum due to the
Panchayat s! all be payable to the Gram babha :
(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 o f by the Gram Sabha.
Power to 34. (i) The Governm ent may, by notification
mak e rules. jn j| i e Official Gaze tte, make rules to carry out the
purposes o f this Act.
(2) In particular and without preju dice to the
genera lity of the foregoing power, such rules may
provide for—
(a y the form of declarations under this Act
and the documents to be filed along with them ;
(A ) the authorities before which declarations
and objections under this Act may be filed ;
(c ) the nature, scope and manner of enquiries,
and the hearing and disposal o f objections, under this
Act ;
( < / ) the manner of preferring appeals under
this Ac t, the authorities to whom they m ay be pre
ferred and the procedure for hearing and disposal of
such appeals ;
(« ) the manner in which and the intervals at
which the register of members may be revised and
brought up-to-date ;
(f ) the procedure to be followed by a Gram
Sabh a Adalat in the institution, trial and disposal of
civil and criminal cases ;
(g) the issue, service and execution of sum
mons and other proce sses and notices of a Gram
Sabha and Gram Sabha A dalat ;
(A ) the procedure for the execution of decrees,
rders and sentences of a Gram Sabha Adalat ;
(» ) 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 ;
15
Po* v:r
m ak e r
fc io fitJ.
( j ) the manner of borro wing moneys by a
Gram Sab ha and borrow ing lim its ; and
(A ) any other ma tter th at is to be or may be
prescribed.
(3) All rules made under this Act shall be laid
for not less than fourteen days before the Legislative
Assembly as soon as may be after they are made, and
shall be subje ct to such modifications as the Assembly
may make during the session in whic h they are so laid
or the session imm ediately following,
35. (1) Th e Gram Sabha may , with the pre
vious sanc tion of the Government, make regulatio ns n ot
* o inconsistent with this Act or the roles made there-
t g u a'und er to provide for all matter s for which provision
is necessary for the purpose of giving effect to the
provisions of this Act.
(2) In pa rticular and withou t prejudice to
the gene rali ty of the foregoing powe r, such regulation?
may prov ide for—
(a) the meetings of the Grain Sabha, the
con duct of business the rea t and the proc edure for
disposal o f its business 5
(A ) the election of President ;
(c ) the powers and duties of the Pres ident and
the Secr etary ;
(d) the circu mstances and the manner in
which the President may be removed from office ;
(e ) the constitu tion of standing and ad -hoc
committees, the ir powers and duties, the term of office
of members and the con duct of the ir business and the
circu msta nces a nd the ma nn er in which a com mittee
may be dissolved or reco nstitut ed ;
( / ) the a ppoin tment , rem unera tion and co n*
ditions of service of the Sec reta ry and oth er officers
and servants of the Gra m Sabha and the circum
stance s in which they ma y be removed from service
and the ma nner of such remov al ;
(g) the maintena nce of the acco unts of the
Gram Sab ha ;
(A ) the principles to be followed in the allot
ment of land and the levy of ren t, fees or other
charges for such allo tment ;
(/) the ma nner in which lands, if any , set
ap ar t for cultivation by the Gra m Sab ha itself shall
be cultiva ted ; and
(j) any oth er ma tter for which provision is
necessary for the purpose of enabling the Gram
Sab ha to discharg e its duties and functions under
this Act.