LexThe Assam Gramdan (Amendment) Act, 1966
Assam · state statute
Open in Lexace · Ask the AI about this act« Th e 2nd Ju ne 1966 N o.L JL .12/66/8.—The following Act of the Assam Legislative Assembly which received the assent of the Gov ernor is hereby published for gen eral info rmation. ASSAM AC T X IX OF 1966 [R ec ei ve d th e ass en t o f th e G ov er no r on the 31 st M ay . l c 66] TH E ASSAM GRA MD AN (AME ND ME NT ) ACT, 7966 [Published in the Assam Gazette Ex traord ina ry, dated the 3rd Ju ne 1966] An Act fa rth er to am en d th e A ss am G ra m dan Act , 1961 Pre am ble . Whereas it is expe dien t furthe r to ame nd the Assam Gram dan Act, 1961, her einafte r called the j ^ ^ ci principal Act, in the manne r herein after app earing ; 0 A It is hereby enacted in the Sev enteen th Yea r of the Rep ublic of India as follows :— ext ent and I* (^) This Act m ay be cailed the Assam Gra mdan commenc e- (Amendme nt) A ct, 1966. merit. (2) It shall hav e the like extent as the principal Act. (3) It shall come into force at once. Insertion of 2. After Section 4 o f the p rincip al Ac t, the following hi^Assam A shall be inserted as Section 4A, namely :— Act I of IN S . “ Persons who may join Gra mdan Coram unity witho ut do> ea tin g lan d. 4A. (1) Any ad ult person residing in a village, who does not own any lan d in th at village, may file a dec lara tion in the pres crib ed form an d manner and before the pres crib ed author ity, und erta king ;— (i) to joi n the Gram dan Com mun ity of th at village, and (ii) to make a per iodical con trib utio n of one-fortieth of his net an nu al income or such other share as the Gr am Sabh a for that village may fix, to be computed in such ma nner and to be paid with in such time as may be prescribed, for c ommunity purposes. (2) The prescribed aut hority shall, as soon as may be, alter the receipt of th e declara tion publish the same in prescribe d ma nn er tog eth er with a notice requiring all peisons to submit the ir objection s, if any , in writin g to it wit hin thirty days of such pub lica tion . (3) Sub-sections (4), (5) and (6) of Sectio n 4 shall apply to a declara tion filed under sub-section (1) of this Section in the same manne r as they app ly to a declara tion filed under sub-section (1) of Section 4. (4) The dec lara tion under sub-section (1) of this Sectio n may be mad e by the persons referred to the rein either individually or collectively. (5) Where a dec lara tion is made under sub section (3) of Section 5 th at a village is not qualified to be a Gra mdan Village, the n notwith sta nding anyth ing contained in sub-section (3) of this Section, all dec laration made and confirmed under this Section shall cease to have effect with effect from the date on which the dec lara tion under sub-section (3) of Section 5 is ma de,” » 3 Aimnd- 3. In clause (a) of sub-section (l) of Section 5 m ;n t of Q f t j l c pr jn e ipa i Act, betw een the words “under Assam" Ac t Pr iv a t e own ersh ip” and “ in th at village” , the I of 1962, word} “o f the resid ents” shall be inse rted. Substitution 4. For Section 16 of the principal Act, the of Scctron^lfi fo j |o w j n g ^3 11 he sub stit ute d, nam ely: — Act I of 1962. “ Powers and }6, (i) Th e Gr am Sab ha shall manage the lands the ^G ram a r e vested in it incl udin g such oth er lands Sabha. a s m a y c o m e und er its manag em ent and und erta ke activities for the welfare of the village community and of the mem bers the reo f and do all other thin gs inc ide nta l ther eto. (2) In partic ula r and wi tho ut prejudic e to the generality of the foregoing pow er, the Gram Sab ha may ,— (a) take steps to inculcate and develop in the village com munity the spirit of collective • responsibility , mu tua l a id, a nd to promote the und erta king and par tici pation in co operative activities ; (b) take steps to pro mote multi-sided and integr ated development of the village com munity ; (c) arrang e for the ma inte nan ce o f des titu te children and old and infirm persons ; (d) prepare and implement schemes for the imp rove men t of agr icu lture in the village and the best utilization of lands in the villa ge ; (e) set ap ar t lan d for com mun ity purposes ; (f ) prepar e and imp lem ent schemes for the gene ral deve lopm ent of the village including promotion of small scale industries therein and the proper utilization of local resources and man-pow er ; (g) allot such lands as are available for the purpose to landless persons ; 4 (h) pre par e and impl ement schemes for regional self-sufficiency in articles of food, clothing and oth er necessities of life and to th at end secure the co-operation and the assistance of the Gov ernm ent and oth er institutions or agencies ; (i) promote conso lidation of holdings ; (j) gra nt loans to any member of the Gram Sabha, whe ther an allo ttee of land or not, for any purp ose whe ther a gricul tural or not; fk) take measures for improvement of lands and reclam atio n of waste lands and introduce improve d methods of cultivation ; (1 ) promote the ind ust rial develop men t of the village ; (m) faci litate the elim ination on unemploym ent in the village ; (n) raise voluntary contrib utio ns from the village for com mun ity purposes ; (o) ma int ain the accounts of the Gram Nid hi ; (p) pre pare and ma int ain village records in clud ing register giving deta ils of land holdings in the possession of persons und er the Gra m Sab ha ; (q) raise a village Peace Force or Sh anti Dal for the mainte nance of pea ce in the village by peaceful means ; and (r) perform such othe r functions and duties and exercise such oth er powers as may , from time to time , be prescribed.” Substitu- 5 _ po r Sectio n 23 of the p rinc ipal Act, the following don *23Seof ke substituted, namely :—• Ass am Ac t I of 1932. “A llo t- 23. (1) A G ram Sabha shall allot 95 per cent of the Ia n ? n°d ^ a n c ^ donated by a don or to him for the purposes of conditiomi cultiva tion , such land s being specified by the don or at thereof. the tim e o f donat ing his lan d. Ot he r land s vested in or coming under the manag ement of a Gra m Sab ha shall be allo tted to such oth er landless mem bers of the Gra m Sab ha as th e Gra m Sabha thinks fit : Provided th at if any dono r himself is a landless pers on, the rem aini ng 5 per cent of the land donated by him shall also be allotted to him for cultiva tion. e (2) Every allo tme nt of land made under sub section (1) shall be subject to the following cond itions, na mely;— (a) the allo ttee shall be liable to pay ann ual ly to the G ram Sabha an am ount equ al to the land reve nue, ren t, cesses, rates an d oth er taxes payable in respect of the lan d allo tted to him before such da te or dates as may be pres cribed ; (b) the allottee shall con trib ute annu all y to the Gra m Sabha one-fortieth of his net agricu ltural income or such oth er share, qu an tity or pro portion of his income as the Gr am S abh a may det erm ine ; (c) the allo ttee shall not allow the land allo tted to him to rem ain unc ultiva ted for a period ex ceed ing two yea rs ; (d) the allotment mad e to perso n shall be herita ble ; (e) the allo ttee may tran sfer his allo tme nt for con sideration either to the Gram Sabha or to any person joini ng the gramdan com munity of the village, or to the State Governm ent or a Co-opera tive Society to secure the pay men t of a loan con trac ted by him : Pro vided th at no allottee shall have any such powe r of tran sfer if the lands are not included in the land s donat ed by him , exce pt wit h the previous permission of the Gra m S abh a conc erne d ; ( f ) th e allottee mus t cult ivate the l an d allotted to him personally if the lan d allo tted to him is not incl uded in the land donated by him , if any ; (g) except as otherwise provide d in this Act, the allo ttee shall not be disturbed from the posses sion of such lan d by the Gra m Sab ha witho ut his consent. (3) Nothing con tained in this Sectio n shall be deem ed to confer on the allo ttee any r ights which the Gram Sab ha did not posse ss immed iately before making the allo tme nt.