The Assam Gramdan (Amendment) Act, 1962

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Short title, 
extent and 
tomm ence" 
uient,
ASSA M AC T No .X XVII OF  1962 
TH E ASSAM  GRAM DA N (AM END MENT) AC T, 1962 
(As passed by the Assembly)
ec ei ve d th e ass en t o f th e P re si den t on  t he 25 th Sep te m be r 1962
[Published in the Assam  Gaz ette , Ex traord ina ry, dated  th e 28th 
September 1962
An
Act
to  am end  the  Assam Gramd an a  cl , 1961
Prearob’e. Whereas it is expe dien t to amend  the  Assam A ss am  Act I
Gr am dan Act, 1961, here inaf ter called the prin cipal o f 
Act in the  ma nner her einafte r app earing ;
It  is hereby enacted  in t he Th irteenth  Year of the  
Republic of I nd ia as follo ws: —
1.(1) This  Act may be called the Assam G ram dan  
(Am endm ent) Act, 1962.
(2) It  shall have the like extent as the principal 
Act.
 
94
(3) It  shall come into force at  once.
Am endm ent 2. In  section 2 of t he prin cipal Act, in clause («), 
ot section 2 f o r  t he  w o r ds “ Panch aya t Ad ala t”  whe reve r they  
°Aet ISSa™  occur, the  words “ Panchayati Ad ala t” shall be substi-
1962. tuted.
Amendment 3, j n  s e ction 4 of th e principal A ct,—
of SCC Assam (1) Clause (a) of sub-section (2) shall be deleted
Ac t I of and cla u s e s (^) a l Jd ( c) shall be re-n umber-
19 62 . ed as clauses (a) and (i) respectively ;
(2) For  sub-section (7), the following shall be 
sub stit ute d, na m el y:—
“ (7) No perso n who has  filed a dec laration 
under sub-section (1), shall ther eaf ter be 
com petent to tran sfer or create any en­
cum brance on any land, in respect of 
which the  dec lara tion  has been  filed, 
unless and until an orde r under sub­
section (4) refusing to confirm th e decla­
rati on, or an ord er under sub-se ction (3) 
of sectio n 5, decla ring the  village in 
which the land is situate d as not quali­
fied to b e a Gram dan Village is made. 
Any transfer mad e or encumb ranc e 
created in contrav ention of this provision 
shall be void and inoperativ e” .
Amendment 4. In  section 5 of the prin cipal Act, for sub-se ction 
of '^Assart (3) tbe  following shall be substituted, na me ly:—
Act I of
1962.
“ (3) Where the conditions men tioned in sub­
sectio n (1) are  not satisfied within a 
reas onable time, the  prescribe d aut hority  
may dec lare in the  manne r prescribed 
th at  th e village is n ot qualified  to be a 
Gr am dan Village and ther eup on every 
declaration  under section 4 shall, no t­
withstand ing th at it  h ad been  confirmed 
under sub-se ction (4) of section 4, cease 
to have effect.”
Substitution  5. For  section 7 of the prin cipal Act, the following
of section 7  sha ll be substitu ted,  namely :— ■  of  Assam 
Act X  of 
196 2.
“ Effect of  7. (1) Notwithst anding a nything to the  con trary 
declaration con tain ed i n any other law for the  time b eing  in force 
Visa ge a n b ut subject to section 36 of this Act, with  effect from

95
the  date from which a village is declared to be a 
Gr am dan Village by notification under sub-section (1) 
of  section 5—
(a) all rights, title an d interests o f persons whose 
dec laration s have been  confirmed under  
section 4 in or over the  lands covered by 
such declarations shall cease and  shall 
stan d transferred to and  vest in the Gram 
Sab ha established for th at  Gram dan 
Villa ge ;
( b ~ ) the Gram  S abha shall be responsible for the 
pay men t of land  revenue or ren t an d othe r 
cesses and  rate s in respect of the  lands 
vesting in the  Gram  Sab ha falling due  on 
or after the  d ate  o f such vesting as well as 
such la nd  revenue  or rent and  oth er cess es 
an d rate s due on the  date of such vesting 
and shall also be responsible for all encum ­
brances whats oever in respect of the  land s 
vesting in the Gram  Sab ha as on the  date 
of such ve sti ng :
Pro vide d, however, th at for the  pay ment of  any 
ian d reve nue or ren t an d oth er cesses, rates or 
encu mbrance s due on the  date of such vesting of 
the  la nd for which the  Gra m Sabha is responsible, 
it shall be com petent for the Gra m Sabha to 
recover the am ount from the owne r concerned who 
donated  the land by way of Gram dan as if the  
said am ou nt is due to the Gram  Sabha.
Al lotm en t of  (2) The Sta te Gov ernm ent may, from time to 
?°n <I to th e t i m e ’ notification in the Official Gazette, transfer 
G r a m  t o  Gram  Sabha for manag eme nt, such comm on 
Sa bh a. land s in the reve nue village as may be specified in 
the  notificatio n on such terms and  cond ition s a3  
may be notified ; and the Sta te Gov ernm ent 
may, in the  like ma nn er,  cancel any such notifica­
tion whe reup on all the righ ts of  the Gram  Sabha
over  such land s shall cease.”
Am endm ent 6. In  section 8 of the  p rinc ipal Act, in sub-se ction 
of  section 8 (i) ; the  com ma afte r the  word “force”  shall be 
j of S S^9 62 ° deleted and the  words “bu t subject to section 36 
of this Act” followed by a com ma shall be inse rted
between the  words “ force”  and  “th e” .
Am end ment ?. In  sections 18, 19, 20 and 22 of the prin cipa l 
of  margi nal Aet, in the  m arg inal note aft er the words “ Gram
n :i tV ° Sabh a”  wherever thev occur, the  word “ Ad alat” sections 18, . • ’
19, 20 an d sh al l be inse rte d.
22 o f Assa m 
Ac t I of
1962.

96
Amen dm en t 8. In section 35 of the  principal A ct, — ■  
ofS£ A ss am  s u 6-section (2), after clause (h) the  following
Act I of shall be inserted as clause (i), name ly: —
1962.
“ (i) the princip les to be followed in recoverin g any 
paym ents due to t he Gra m Sabha on accoun t of any 
land  revenue, ren t, cesses, rates or encu mbrance s due 
on the  date of vesting on any land, from the owne r 
concerned who donat ed the  lan d by way of 
Gr am dan;”  ;
(2) the  existing clauses (i) an d (j) shall be re­
num ber ed as clauses ( j ) and (k) respectively.
Ins ert ion  of g. After section 35 of  the prin cipal Act, the fol-
"T f lowing new section shall be added as section 36,u u n  a i L  e r , ■ '
sec tion  35 of namely
Assam  Ac t I
o fl 962.
“ Supersession 36. (j ) jf, j n  t p,e opinion of the Sta te Govern- 
sk ha.  a m  m e n t ’  a  G r a m  Sab ha—
(a) is n ot com petent to perform, or persistently 
makes defa ult in perf orming the duties 
assigned to it by this Act ; or
(b) exceeds or abuses the  powers assigned to it 
under this Act ; or
(c) is not functioning in a manner consistent 
with the provisions of this Act or the rules 
frame d the reu nder ;
Th e Sta te Governm ent may , by 'notific atio n in the 
Official Gazette, stating  the  reasons for its ord er, de c­
lare  th at  G ram  Sab ha to be inco mpetent, or in default 
or to have exceeded or abused its powers or to have 
ro t been func tioning in a ma nn er consistent with the 
provisions of this Act or the rules fram ed thereu nde r, 
as the case may  be, an d supersede it for such period 
not exceeding one yea r at  a ti m e:
Provide d th at  before any  such notificatio n is 
issued, the Gra m Sabha concerned shall be given a  
reasonable opp ortunity of showing cause why the 
proposed dec lara tion  should  no t be made.
(2) On  the supersession of a Gram  Sab ha und er 
sub-section (1)—
(a) the Pres iden t and Members of all com mit­
tees constituted by the Gra m Sab ha shall 
from the  d ate  specified in the  notification 
vac ate the ir office ;

97
(6) all the powers and  duties of the  Gra m 
Sabha, shall durin g the period of superses­
sion b e exercised and  performe d by such 
person or persons as the State Governmen t 
may  from time  to time app oin t in this 
behalf ;
(c)  all prop ertie s vested in the Gram  Sab ha 
and  any bal anc e of the Gra m Nidhi, shall 
be vested in and  such of its liabilities as 
may have  been incurre d in the discharge 
of its legitimate functions or which . have 
been incurre d in the  course of duties 
performed in the genuine inte rest  of the 
Gram  Sabha concerned, shall be transfer­
red to the  Deputy Commissioner of the 
district or to the  Subdivisiona l Officer of 
the  subdivision, as the case may be who 
shall make such arrangemen ts, as may be 
deem ed necessary until the exp irat ion of 
the period of supersession ; and
{d } the Gram  Sab ha Ada lat established for the 
Gra md an Village conce rned, shall cease 
to function and  all the pend ing cases and 
suits shall stand transferred to the  Courts 
of com petent jurisdic tion , which shall 
proce ed with the cases and suits f iom  such 
stage at  which the proce edings were 
pending  before the Gram Sab ha Adalat on 
the date cf  transfer, as if the  cases a nd 
suits were duly instituted in such Courts of 
comp ete rt jurisdictio n.
(3) On  the expiration of the period of supersession 
specified in rfhe  notification, the Sta te Governm ent 
ma y, if in its opinion it is so necessary, extend the 
period of supersession for such furt her term, as it may 
consider necessary, bu t not exceeding one yea r at a 
time , and  on the  expirati on of the period of  super- 
session eith er a«  originally specified or exte nded, the 
Gra m Sab ha shall resum e its functions and  elect its 
President and constitute the Committe es, and  the 
State Governm ent shall establish the Gram  Sabha- 
Adala t, in the ma nner provided in this A ct :
Provid ed th at the State Governmen t may  at  any 
time  before the  expiration of the perio d of super- 
session, withdraw any notification issued unde r 
sub-section (1;.
(4) Th e incom e derived from the Gram dan  
Village during  the period of supersession, shall fir st, 
be utilised towards the  cost of manag ement during 
the period of supersession and liqu idation of liabilities 
of the Gra m Sabh a and the balanc e shall be credited
to the Gram  Nidhi” .

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