LexThe Maharashtra Gramdan Act, 1964
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1965 : Mah. XXIII] 1
THE MAHARASHTRA GRAMDAN ACT, 1964
[Text as on 2nd November 2023]
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CONTENTS
PREAMBLE.
SECTIONS.
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
3. Act to have over-riding effect.
CHAPTER II
GRAMDAN VILLAGE
4. Declaration of village as Gramdan Village.
5. Declaration of voluntary transfer of lands by way of Gramdan.
6. Collector to hold meeting of Gram Sabha constituted under Panchayats Act to ascertain if
majority of person residing in village or donating land are willing to join Gramdan
community.
7. Prohibition against transfer of lands.
8. Effect of declaration as Gramdan village.
CHAPTER III
CONSTITUTION OF GRAM MANDAL
9. Gram Mandal.
10. Register of member.
11. Election and terms of office of President and Vice-President of Gram Mandal.
12. Resignation of President and Vice-President.
13. Removal of President and Vice-President.
14. Vacancy in office of President or Vice-President.
15. Committees.
16. Executive Committee.
17. Appointment of functional and other committees.
18. Term of office of members of Executive Committee, resignations, etc.
19. Powers and duties of Executive Committee.
20. Conduct of business of Gram Mandal and Committees.
21. Officers and employees of Gram Mandal.
CHAPTER IV
ESTABLISHMENT OF MAHARASHTRA GRAMDAN BOARD AND GRAM SAMITIS
22. Maharashtra Gramdan Board and its functions.
2 The Maharashtra Gramdan Act, 1964 [1965 : Mah. XXIII
23. Establishment of Gram Samitis.
CHAPTER V
CONSTITUTION OF LAND-POOL AND DISTRIBUTION OF LAND
24. Land-Pool.
25. Power of Mandal to grant leases.
26. Distribution of land on lease.
27. Condition of lease.
CHAPTER VI
POWERS AND FUNCTIONS OF GRAM MANDAL
28. Powers and functions of Gram Mandal.
29. Power of Gram Mandal to accept donations of land after establishment of Gramdan Village.
30. Power of Mandal to cancel lease, etc.
31. Power to borrow.
32. Gram Mandal to recover dues as arrears of land revenue.
CHAPTER VII
GRAM NIDHI
33. Gram Nidhi.
34. Application of Gram Nidhi.
35. Accounts and audit.
35A. Liability of members for loss, waste, mis-application.
CHAPTER VIII
MISCELLANEOUS
36. Restriction on sale of lands held by Gram Mandal, Gramdan Kisan or landless person.
37. Registration of Gram Mandal as co-operative society.
38. Power to exempt from stamp duty, etc.
39. Gram Mandal to be empowered to function as panchayat.
40. President of Gram Mandal, etc. to be public servants.
41. Power to delegate.
42. Supersession of a Gram Mandal.
43. Rules.
44. Regulations.
45. Laying of orders and rules before Legislature.
46. Amendment of Mah. V of 1962.
1965 : Mah. XXIII] The Maharashtra Gramdan Act, 1964 3
LIST OF AMENDMENT ACTS
1. Amended by Mah. 51 of 1974 (21-9-1974)
2. Amended by Mah. 16 of 1984 (1-9-1984)
3. Amended by Mah. 21 of 1985 (1-3-1986)
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
4 The Maharashtra Gramdan Act, 1964 [1965 : Mah. XXIII
1965 : Mah. XXIII] The Maharashtra Gramdan Act, 1964 5
MAHARASHTRA ACT No. XXIII of 19651
[THE MAHARASHTRA GRAMDAN ACT, 1964.]
[This Act received the assent of the President on 10th March 1965; the assent was
first published in the Maharashtra Government Gazette, Part IV-B-1,
on 22nd March 1965.]
An Act to provide for the establishment of Gramdan villages in pursuance of the
Gramdan movement initiated by Acharya Vinoba Bhave, for the constitution of
Gram Mandals therefor and for matters connected therewith.
WHEREAS, it is expedient to provide for the establishment of Gramdan villages in pursuance of
the Gramdan movement initiated by Acharya Vinoba Bhave , for the constitution of Gram Mandals
therefor and for matters connected therewith; It is hereby enacted in the Fifteenth Year of the Republic
of India as follows :—
CHAPTER I
PRELIMINARY
1. Short title , extent and commencement. — (1) This Act may be called the Maharashtra
Gramdan Act, 1964.
(2) It extends to the whole of the State of Maharashtra.
(3) It sha ll come into force on such date 2 as the State Government may, by notification in the
Official Gazette, appoint.
2. Definitions.— (1) In this Act, unless the context requires otherwise,—
(a) “Gramdan” means a voluntary donation of land in a village for the purposes of this Act,
and in accordance with the provisions thereof ;
(b) “Gramdan Kisan” means a person who holds land on lease as such under this Act and
includes his heirs and successors-in-interest ;
(c) “Gramdan village” means a village declared to be a Gramdan village under section 4 ;
(d) “Gram Mandal” or “Mandal” means the Gram Mandal constituted under section 9 ;
(e) “member” means a member of the Gram Mandal ;
(f) “owner” means,—
(i) in relation to unalienated land, the occupant, tenure holder, or as the case may be, a
person who has permanent and heritable rights of possession of land, and
(ii) in relation to alie nated land, the superior holder ; and includes a person h olding
land under a grant lease or assignment (without permanent rights) from the Government;
and the expression “to own” with its grammatical variations shall be construed accordingly ;
(g) “panchayat” means Panchayat established under the Panchayats Act ;
(h) “Panchayats Act” means the Bombay Village Panchayats Act, 1958 (Bom.III of 1959);
(i) “person interested” in relation to any land means any person claiming right, title or
interest in the land and includes a person having a right of easement over such land ;
(j) “prescribed” means prescribed by rules ;
3[(k) “President” and “Vice -President” means the President and the Vice -President,
respectively, of a Gram Mandal ;]
(l) “regulation” means a regulation made by the Gram Mandal ;
1 For Statement of Objects and Reasons, see Maharashtra Government Gazette, 1964, Part V, Extra., pages 259-60 ; for
Report of the Joint Committee, see ibid., Part V, Pages 379-409.
2 15th August, 1966, vide G. N.,R. & F. D., No. BDY-1066/183991-B, dated the 13th August, 1966.
3 Clause (k) was substituted by Mah. 16 of 1984, s 2.
6 The Maharashtra Gramdan Act, 1964 [1965 : Mah. XXIII
(m) “village” means a revenue village, or a village within the meaning of the Panchayats Act
and includes any local area which the State Government may declare to be a village for the
purposes of this Act.
(2) Words and expressions used in this Act but not def ined shall have the meanings respectively
assigned to them in the law relating to land revenue for the time being in force in any part of the State,
as the context may require.
3. Act to have over-riding effect.— The provisions of this Act shall have effect notwithstanding
anything to the contrary contained in any other law for the time being in force.
CHAPTER II
GRAMDAN VILLAGE
4. Declaration of village as Gramdan village.— (1) Where, in a village—
(a) the extent of lands in respect of which the declarations filed under section 5 have been
confirmed, is not less than sixty per cent. of the total extent of lands owned by persons residing in
that village ;
(b) the number of persons whose declarations have be en so confirmed is not less than
seventy-five per cent. of the total number of persons owning land and residing in the village ;
(c) the number of persons in respect of whom declarations made under sub -sections (1) and
(3) of section 5 have been confirmed is not less than seventy -five per cent. of the persons
(excluding minors) residing in that village ; and
(d) not less than fifty -one per cent. of persons attending the meeting held under section 6
have expressed their willingness to constitute the village a Gramdan village by joining the
Gramdan community,
the Collector 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 Gramdan village 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 Collector within whose
jurisdiction the village is situated, and the substance of every such notification shall also be published
in the prescribed manner.
(3) Where the conditions mentioned in sub-section ( 1) are not satisfied within a period not
exceeding six months commencing on the prescribed date, the Collector may by order declare in the
manner prescribed that the village is not qualified to be a Gramdan village , and thereupon every
declaration under section 5 shall, notwithstanding that it had been confirmed, cease to have effect.
5. Declaration of voluntary transfer of lands by way of Gramdan.— (1) Any owner of land,
not being a minor, may file a declaration in the prescribed form befor e the Collector that he donates,
that is to say, voluntarily and without consideration agrees to transfer to the Mandal all his land in the
village specified in the declaration by way of Gramdan. The declaration shall specify the lands which
he would like to hold as Gramdan Kisan, and which may be distributed to landless persons under this
Act :
Provided that, where any such owner has transferred any of his lands in the village by way of
Bhoodan, this sub -section shall have effect as if the lands so transf erred were included in the total
extent of his lands :
Provided further that, in specifying the lands to be held by him as Gramdan Kisan, an owner shall
specify such lands as are subject to any encumbrances.
(2) Every declaration filed under sub -section (1) shall also contain an undertaking that the
owner shall—
(i) join the Gramdan community of that village, and
1965 : Mah. XXIII] The Maharashtra Gramdan Act, 1964 7
(ii) make a periodic contribution to the Gram Mandal, in accordance with the provisions of
clause (d) of sub-section (1) of section 27, for community purposes.
(3) Any person residing in a village (not being a minor), who does not own any land therein may
file a declaration undertaking to join the Gramdan community of that village, and may agree to pay a
periodic contribution equal to one -fortieth of his net annual income to the Mandal, for community
purposes. Such declaration may be made either individually or collectively.
(4) The Collector shall, as soo n as may be, after the receipt of the declaration under sub -section
(1) publish the same in the prescribed manner together with a notice requiring all persons interested in
the land to submit their objections, if any, in writing to him within forty-five days of such publication.
(5) On the expiry of the period specified in sub -section (4), the Collector may, after considering
the objections if any, received and after making such enquiries as he deems fit, by order, either confirm
the declaration or refuse to confirm it.
(6) Any person aggrieved by any order of the Collector made under sub -section (5) may file an
appeal to the Commissioner within forty -five days of the date of the order, and subject to the decision
of the Commissioner, such order shall be final.
(7) No order refusing to confirm a declaration shall be made under this section unless the person
making the declaration is given a reasonable opportunity to show cause against such refusal to confirm
the declaration.
(8) A declaration, which the C ollector has, by order, refused to confirm under sub -section ( 5)
shall, unless such declaration is confirmed in appeal under sub-section (6), be of no effect.
[1(9) for the purposes of an inqui ry under this section, the Collector shall have the power to
summon and enforce the attendance of any person and of examining him on oath or affirmation or by
affidavit or to compel the production of any document of other material object by the same means and
in the same manner as is provided in the case of a Civil Court under the Code of Civil Procedure, 1908
(V of 1908).]
6. Collector to hold meeting of Gram sabha constituted under Panchayats Act to ascertain if
majority of persons residing in village or donating land are willing to join Gramdan
community.— (1) As soon as the Collector is satisfied, that having regard to the population of the
village, a sufficient number of declarations has been received under section 5, he may call a meeting—
(a) of the Gram Sabha of the village constituted under the Panchayats Act, where a village
has a panchayat, or
(b) of all persons (not being minors) residing in the village, where there is no panchayat,
and also of persons who have donated lands in the village, but are residing outside the
village,
for ascertaining wheth er the persons attending the meeting are willing to constitute the
village a Gramdan village by joining the Gramdan community.
(2) The Collector shall fix the date, time and place of the meeting, and a copy of the notice
containing this information shall be displayed in a prominent place in the village, and another copy
affixed on a conspicuous part in the office of the Collector within whose jurisdiction the village is
situated; and the substance of every such notice shall also be published in such other manner as is in
the opinion of the Collector best calculated to bring the matter to the notice of persons concerned.
(3) The meeting shall be presided over by the Collector who shall have the right to speak and
otherwise take part in the proceedings of the meeting, but shall not be entitled to vote. The procedure to
be followed at the meeting shall be such as may be prescribed, and the quorum shall be fifty -one per
cent. of the total number of persons entitled to attend the meeting under sub-section (1).
1 Sub-section (9) was added by Mah. 51 of 1974, s. 2.
8 The Maharashtra Gramdan Act, 1964 [1965 : Mah. XXIII
7. Prohibition against transfer of lands. — (1) No person shall transfer any land in respect of
which a declaration has been filed, until on order under section 5 refusing to confirm the declaration
has become final or an order under section 4 declaring the village in which the land is situate as not
qualified to be a Gramdan village is made, or an order under section 8 rescinding the donation by way
of Gramdan is made.
(2) Any transfer of land made in contravention of the provisions of sub -section (1) shall be void
and inoperative.
8. Effect o f declaration as Gramdan village.— Notwithstanding anything to the contrary
contained in any other law for the time being in force, with effect from the date on which a village is
declared to be a Gramdan village and on the Gram Mandal being constituted therefor—
(a) all the right, title and interest of persons whose declarations have been confirmed under
section 5, in or over the lands covered by such declarations, shall, save as otherwise provided in
this Act, cease and shall stand transferred to, and ves t in, the Gram Mandal established for that
Gramdan village, but subject to any rights, encumbrances or equities lawfully subsisting in
favour of any other persons ;
(b) the Gram Mandal shall be entitled to receive the contributions referred to in section 5;
(c) the Gram Mandal shall be liable for—
(i) the payment of land revenue, rent, cesses, rates and taxes in respect of lands vested
in the Gram Mandal which would have been payable by the donors, but for the donation,
irrespective of whether the liability arose before or after the date of the vesting ; and
(ii) the discharge of all encumbrances created in respect of any land vested in the
Gram Mandal , prior to the date of filing of the declaration in respect thereof under
section 5 :
Provided that, for the payment of any land revenue, rent, cesses, rates or taxes, due on,
or the discharge of any encumbrance created before the date of such vesting of the land, for
which the Gram Mandal is so liable, it shall be competent for the Gram Mandal to recover
the amount either before or after such payment or discharge, from the owner who donated
the land by way of Gramdan as if it were an amount due to the Gram Mandal :
Provided further that, where in any case it appears to the Gram Mandal that the
encumbrances and other liabilities in respect of land donated by way of Gramdan are
excessive, or for any other reason, it is of opinion that it is not desirable to undertake the
discharge of such liabilities, the Gram Mandal may, after giving the per son to whom the
land would belong but for the Gramdan, an opportunity of being heard, rescind by order the
donation by way of Gramdan, and thereupon all rights, title and interest in or over those
lands shall revert to such person and all liabilities of th e Gram Mandal in respect of those
lands, except the liabilities, if any, that arose during the period the property remained vested
in the Gram Mandal, shall cease, and the declaration filed under section 5 in respect of the
Gramdan aforesaid shall not continue in force ;
(d) the land revenue, cesses, rates and taxes due in respect of the lands situated in a
Gramdan village and in respect of which a donation by way of Gramdan has not been made
under section 5 or section 29 shall be payable to the Gram Manda l by the person liable for
the same :
Provided that, all amounts so realized shall, after deduction of such collection charges as
may be prescribed, be remitted to the State Government within such time and in su ch manner as
may be prescribed.
CHAPTER III
CONSTITUTION OF GRAM MANDAL
9. Gram Mandal.— (1) On the declaration of a village to be Gramdan village under section 4 all
persons whose names are included in the register referred to in section 10 shall be deemed to constitute
a Gram Mandal for the Gramdan village from the date specified in the declaration aforesaid; and the
Gram Mandal shall have all such powers and discharge all such functions as are vested in, or conferred
on, it by or under this Act, or otherwise.
1965 : Mah. XXIII] The Maharashtra Gramdan Act, 1964 9
(2) Every Gram Mandal so established shall be a body corporate by the name of “ Gram Mandal
of . . . . . . . . ” having perpetual succession and a common seal, with power to enter into contracts;
and subject to the provisions of this Act, to acquire, hold, administer or dispose of property, both
movable and immovable, whether within or without the limits of the Gramdan village over which it
has authority, and may in its corporate name sue and be sued.
10. Register of Members. — (1) The electoral roll of the Maharashtra Legislative Assembly
prepared under the provisions of the Representation of the People Act, 195 0 (43 of 1950) for such part
of the constitu ency of the Assembly as is included in the Gramdan village shall be the register of
members of the Gram Mandal for such Gramdan village. The register shall also include names of
persons who have donated their lands by way of Gramdan but who are not residing in the village.
(2) An officer designated by the Collector in this behalf shall maintain the register of members for
Gramdan village, and it shall be brought up-to-date at such intervals as may be prescribed.
(3) Every person whose name is in the register of members shall, unless disqualified under any
law for the time being in force, be qualified to vote at a meeting of the Mandal.
(4) Subject to any disqualification incurred by a person, the register of membe rs shall be
conclusive evidence for determining under this sect ion whether any person is quali fied or is not
qualified to vote at any meeting of the Mandal
1[11. Election and term of office of President and Vice -President of Gram Mandal.— (1)
Every Gram Mandal shall be presided over by a President, who shall be elected by the Mandal, from
amongst its members. The Mandal shall also elect one of its members to be its Vice-President :
Provided that, no person shall be elected as President or Vice -President, if he has not filed a
declaration of voluntary transfer of any land by way of Gramdan under sub-section (1) of section 5 of
this Act or if he is disqualified for being chosen as, or for continuing as, a member of a Panchayat
under the Panchayats Act.
(2) The Gram Mandal shall make regulations for the conduct of election of the President and the
Vice-President, including provision for deposit, if any, to be made by candidates, and for their return or
forfeiture, for appeal against the decision of a return ing officer accepting or rejecting the nomination
paper, for setting disputes arising as to validity of election of the President and the Vice -President, and
finality of such decision in such cases.
(3) Save as otherwise provided in this Act, the Presiden t and the Vice-President shall hold office
for a term of four years commencing on the date of their election; but shall, subject to the provisions of
section 13, be eligible for re-election.
(4) The President shall exercise such powers and discharge such duties and functions as are
conferred or imposed on him by this Act and as may be provided by regulations made in this behalf. In
the absence of the President, the powers and duties of the President shall, save as may be otherwise
provided by regulations made by the Mandal, be exercised and performed by the Vice-President.
(5) The President shall, notwithstanding the expiration of his term, continue to carry on such of
the administrative duties of his office as may be specified by regulations made in this behalf, until his
successor enters upon his office.
12. Resignation of President and Vice-President.— (1) The President may resign his office by
writing under his hand addressed to the Collector.
(2) The Vice-President may resign his office by writing under his hand addressed to the President
and if the office of the President is vacant, to the Collector.
(3) The resignations of the President and the Vice -President shall take effect from such dates, as
may be provided by regulations made in this behalf.
1 Section 11 to 14 were substituted for the original, by Mah. 16 of 1984, s. 3.
10 The Maharashtra Gramdan Act, 1964 [1965 : Mah. XXIII
13. Removal of President and Vice -President.— (1) The President or the Vice -President may
be removed from office by passing a no-confidence motion at a special meeting (of which notice of not
less than seven days is displayed in a prominent place in the office of the Gram Mandal, before the
meeting) in accordance with the regulations made in this behalf :
Provided that no President or Vice -President shall be removed from office unless such motion is
carried by a majority of not less than two -thirds of the total number of members present and voting at
the meeting, and the President or the Vice -President, as the case may be, has been given a reasonable
opportunity to furnish an explanation.
(2) If the President, and in his absence the Vice-President, fails to call the Special meeting, within
ten days of a requisition therefor, any member may request the Collector to call the meeting, and the
Collector shall, notwithstanding anything contained i n this Act or in any regulations made thereunder,
within ten days of the receipt of such request, call the special meeting of the Mandal for the
consideration of the no -confidence motion. The Collector shall preside at such meeting; but he shall
neither speak on the merits of the motion nor shall be entitled to vote.
(3) A President or a Vice -President removed from office as aforesaid shall not be eligible for re -
election during the remainder of the term of his office.
14. Vacancy in the office of President or Vice-President.— (1) In the event of a vacancy in the
office of the President, or the Vice-President, by reason of death, resignation, removal or otherwise, the
vacancy shall, subject to the provisions of sections 11 and 13, be filled as convenientl y as may be by
election of a new President or a new Vice -President, as the case may be, who shall hold office so long
only as the President or the Vice -President in whose place he is elected would have held that office, if
the vacancy had not occurred.
(2) When the office of the President becomes vacant, the Vice -President shall, pending the
election of the President, exercise all the powers and perform all the duties and functions of the
President.
(3) If both the offices of the President and the Vice -President are vacant, such officer of the
Mandal as the Collector may appoint in this behalf shall, pending the election of the President or the
Vice-President, exercise all the powers and perform all the duties and functions of the President, but he
shall not have the right to vote at any meetings of the Mandal or of any Committee thereof].
15. Committees.— Every Gram Mandal shall appoint in the manner hereinafter provided an
Executive Committee and may also appoint such other Committees as it thinks fit.
16. Executive Committee. — (1) The Gram Mandal shall establish an Executive Committee
consisting of,—
(a) the President, and
(b) such number of members (not being less than two and not more than fourteen) as may be
determined by the Gram Mandal and elec ted by it from amongst its members in the manner
provided by regulations in that behalf :
Provided that, no person shall be elected a member if he is disqualified for being chosen as
or for continuing as a member of a panchayat under the Panchayats Act.
(2) The President shall be the ex-officio Chairman of the Executive Committee.
17. Appointment of functional and other committees .— (1) A Gram Mandal may, subject to
regulations made in this behalf, appoint the following functional committees, namely :—
(a) Agriculture Committee,
(b) Education Committee, and
(c) Health Committee.
Each such committee shall consist of such number of members, and shall exercise such powers ,
and discharge such duties, as the Gram Mandal may determine in this behalf.
1965 : Mah. XXIII] The Maharashtra Gramdan Act, 1964 11
(2) A Gram Mandal may, subject to regulations made in this behalf, from time to time appoint
any committee consisting of such number of members and other persons and for such period as the
Mandal may decide, and refer to such committee for inquiry and repo rt such matters relating to the
purposes of this Act as the Mandal may think fit; and direct that the committee shall submit its report
to the Executive Committee.
18. Term of office of members of Executive Committee, resignation s, etc.— (1) The term of
office of members of an Executive Committee shall be such as may be provided by regulations made in
that behalf.
(2) Any member of an Executive Committee may resign his office by writing under his hand
addressed to the Chairman; and his office shall thereupon become vacant.
(3) In the event of a vacancy in the office of any member by reason of death, resignation or
otherwise, the vacancy shall be fil ed in as conveniently as may be by election of a new member who
shall hold office so long as the member in whose place he is elected would have held it if the vacancy
had not occurred.
(4) During any vacancy in an Executive Committee, the continuing members may act as if no
vacancy had occurred.
19. Powers and duties of Executive Committe e.— An Executive Com mittee shall exercise
such powers, discharge such duties and perform such functions as may be provided by regulations
made in this behalf :
Provided that, it shall be law-ful for an Executive Committee to delegate any of its powers, duties
and functions to the Chairman in accordance with regulations made in that behalf.
20. Conduct of business of Gram Mandal and Committees.— The business of a Gram Mandal
and of its committees shall be conducted in such manner as may be prescribed by regulations, and such
regulations may specify the cases in which the decisions of the Gram Mandal or of its committees shall
be on the basis of unanimity or near unanimity, that is, a majority of not less than seventy-five per cent
of the members present and voting at the meeting.
21. Officers and employees of Gram Mandal.— (1) A Gram Mandal may appoint,—
(a) a Secretary who shall exercise such powers and discharge such duties as may be
prescribed by regulations or as may be delegated to him by the President;
(b) such other officers and employees as may be necessary for the efficient performance of
its functions.
(2) The Secretary and other officers and employees shall be paid such salaries and allowances and
shall be subject to such terms and conditions as may be, prescribed by regulations made in that behalf.
(3) A Gram Mandal may, in such circumstances and in such manner as may be prescribed by
regulation, remove the Secretary or other officer or employee from service.
CHAPTER IV
ESTABLISHMENT OF MAHARASHTRA Gramdan Board AND Gram Samitis
22. Maharashtra Gramdan Board and its functions.— (1) For the purposes hereinafter
specified, the State Government shall by notification in the Official Gazette, establish a Board to be
called the Maharashtra Gramdan Board.
(2) The Gramdan Board shall consist of a Chairman and such number of other members
(including the Secretary) being not less than five and not more than nine. The Chairman and members
shall be appointed by the State Government.
(3) The Chairman and members of the Board s hall hold office for a term of four years from the
date of their appointment which shall be notified in the Official Gazette, and they shall be eligible for
re-appointment.
(4) The Chairman or any member of the Board may resign his office by writing under his hand
addressed to the State Government, but the office shall not become vacant unless the resignation is
accepted.
12 The Maharashtra Gramdan Act, 1964 [1965 : Mah. XXIII
(5) In the event of a vacancy occurring on the Board the Chairman or Secretary shall forthwith
communicate the occurrence to the State Government and the vacancy shall be filled as soon as
conveniently may be, but the person appointed shall hold office so long only as the member in whose
place he was appointed would have held it if the vacancy had not occurred.
(6) The time, place of sitting, conduct of business and procedure to be followed at a meeting shall
be such as the Gramdan Board may by regulations determine.
(7) It shall be the duty of the Gramdan Board,—
(a) to train workers for the purposes of implementing the aims and objects of this Act and
assign them to Gramdan villages ;
(b) to study and evaluate general experience in the development of Gramdan villages ;
(c) to expedite legal and other formalities in connection with the Gramdan village.
23. Establishment of Gram Samitis.— (1) For every Gramdan village, 1[there may be a
Gram Samiti].
(2) The Gram Samiti shall consist of—
(a) one representative of each family residing in the Gramdan villages; and
(b) one representative of each family of non-resident donors of land in the Gramdan village.
(3) The Gram Samiti shall be presided over by a Chairman who shall be elected in the manner
provided by regulations made in that behalf.
(4) The term of office of members of the Gram Samiti and the Chairman, their resignation,
vacancies in their office to be filled, the conduct of business of a Gram Samiti and all matters
incidental thereto shall be determined or regulated according to regulations made in that behalf.
(5) The Gram Samiti may perform such functions being of an advisory nature as may be provided
for by regulations made by the Mandal in this behalf.
Explanation.— For the purposes of this section „family‟ includes a Hindu undivided family, and
in the case of other persons, a group or unit the members of which by custom or usage, or joint in estate
or possession or residence.
CHAPTER V
CONSTITUTION OF LAND-POOL AND DISTRIBUTION OF LAND
24. Land-pool.— (1) All lands vesting in a Gram Mandal by way of Gramdan or otherwise for
the purpose of this Act shall constitute the land-pool.
(2) The Mandal shall, having regard to the declarations made under section 5, either set apart not
less than five per cent of the area of lands out of the land -pool as the Mandal may determine for the
benefit of landless persons, and the remaining lands for return to their former owners, as hereinafter
provided or the Mandal may alternatively purchase a compact block of l and of an area not less than
five per cent of all the donated lands at the cost of the donors, and each donor shall pay towards the
purchase price a sum for an area equal to five per cent of land donated by him.
25. Power of Mandal to grant leases.— Notwithstanding anything to the contrary contained in
any law for the time being in force, but subject to the provisions of this Act, A Gram Mandal shall
have power to lease out lands vesting in it and the lessees shall not have, and shall not be entitled to
claim, any rights in relation to such lands except as are provided for, by or under this Act.
26. Distribution of land on lease. — (1) The Mandal shall in accordance with regulations made
in that behalf—
1 These words were substituted for the words “there shall be a Gram Samiti” by Mah. 21 of 1985, s. 2.
1965 : Mah. XXIII] The Maharashtra Gramdan Act, 1964 13
(a) out of lands set apart or purchased for the benefit of landless persons under section 24
lease any land to any landless person or group of landless persons 1[who have filed declarations
undertaking to join the Gramdan community under sub-section (3) of section 5] (preferably to a
co-operative farming society of such landless persons registered or deemed to be registered under
the Maharashtra Co-operative Societies Act, 1960) (Mah. XXIV of 1961) for personal cultivation,
(b) lease the remaining lands to their former owners.
(2) any person aggrieved by any proposed lease under this section may make an application to the
Gram Mandal to that effect ; and the Mandal shall, on receipt of such application, refer the matter for
arbitration to an Arbitration Board constituted under sub-section (3).
(3) The Arbitration Board shall consist of three persons one to be nominated by each party, and
the third to be appointed jointly by the Applicant and the Mandal; and if there is disagreement as
regards the appointment of the third arbitrator, then, he shall be appointed by the Collector.
(4) The Arbitration Board shall regulate its own procedure.
(5) The decision of the Arbitration Board shall be final and binding on the parties.
27. Condition of lease. — (1) A person who is given land on lease under section 26 shall hold it
on the following terms and conditions, namely :—
(a) the lease hold rights shall, on the death of the lessee, pass to his heir,
(b) the lessee shall not transfer his interest in the land, except—
(i) to a person who has joined the Gramdan community in respect of the village in
which the land is situated on the terms and conditions agreed upon between them ;
(ii) to the Gram Mandal ; or
(iii) to a co -operative society or any institution approved by the State Government in
this behalf or to Government, for securing payment of any money borrowed from any such
society, institution or Government :
Provided that, a landless person shall not transfer his interest as aforesaid without the
previous approval of the Gram Mandal ;
(c) the lessee shall pay to the Mandal an amount equal to the land revenue, rent, cesses, rates
and other taxes payable, if any, in respect of the land, before such date or dates as may be
prescribed ;
(d) the lessee shall annually contribute one -fortieth of his net annual agricultural income or
such other lesser share as the Mandal may determine in this behalf ;
(e) the lessee shall not allow the land to remain uncultivated for a period exceeding two
years ;
(f) subject to the provisions of section 30, the Mandal shall not disturb possession of the
land held by a lessee or his heir, except with his consent ;
(g) in the case of land subject to any lease subsisting immediately before it was donated, the
Gramdan Kisan shall have the right to recover possession thereof in accordance with the
provisions of any law for the time being in force relating to land tenures as if he continued to be
the lessor thereof, and pending termination of the lease, he shall also hav e the right to recover the
rent payable by the lessee in respect of such land ;
(h) in the case of land subject to a mortgage with possession immediately before it was
donated, the Gramdan Kisan shall have the right to obtain possession thereof after the redemption
of the mortgage by the Gram Mandal if he pays to the Gram Mandal the amount paid for the
purpose of redeeming the mortgage together with all expenses connected therewith ;
1 These words were inserted by Mah. 16 of 1984, s. 4.
14 The Maharashtra Gramdan Act, 1964 [1965 : Mah. XXIII
(i) such other terms and conditions, as the Mandal may, regard being had to the
circumstances prevailing in relation to any Gram Mandal, determine by an order made in that
behalf.
(2) Nothing contained in sub-section (1) shall be deemed to confer—
(a) on a Gramdan Kisan any right which he did not possess,
(b) on a landless person any right which the Mandal did not possess,
immediately before the Gramdan Kisan donated his land, or as the case may be, the Mandal
leased it to the landless person.
CHAPTER VI
POWERS AND FUNCTIONS OF GRAM MANDAL
28. Powers and functions of Gram Mandal.— (1) The Gram Mandal shall manage the lands
which are vested in it, including such lands as may come under its management, and undertake
activities for the welfare of the village community and the members thereof, and do all other things
incidental thereto.
(2) In particular, and without prejudice to the generality of the foregoing power, the Gram
Mandal may—
(a) take steps to inculcate and develop in the village community the spirit of collective
responsibility, mutual aid and promote or undertake or participate in co-operative activities ;
(b) take steps to promote many sided and integrated development of the village community ;
(c) arrange for the maintenance of destitute children and old and infirm persons ;
(d) prepare and implement schemes for the improvement of agriculture in the village, and
the best utilisation of lands in the village ;
(e) set apart land for community purposes ;
(f) prepare and implement schemes for the general development of the village, including the
promotion of small scale industries therein and the proper utilisation of local resources and man
power ;
(g) distribute such lands as are available for the purpose to landless persons ;
(h) prepare and implement, subject to the approval of the State Government, schemes for
regional self-sufficiency in articles of food, clothing and other necessities of life, and to that end,
secure the co-operation and assistance of the State Government, and other institutions or agencies
operating in the village or in its neighbourhood ;
(i) promote consolidation of holdings ;
(j) grant loans to any member of the Gram Mandal, whether a le ssee of its land or not, for
any purpose, whether agricultural or not ;
(k) take measures for the improvement of lands and reclamation of waste lands and the
introduction of improved methods of cultivation ;
(l) promote the industrial development of the village ;
(m) facilitate the elimination of unemployment in the village ;
(n) raise voluntary contributions from the village for community purposes ;
(o) maintain the accounts of the Gram Nidhi ;
(p) prepare and maintain village records including register giving details of land holding in
the possession of persons under the Gram Mandal ;
(q) raise a village peace force or Shanti Dal for the mainte nance of the tranquillity of the
village by peaceful means ;
1965 : Mah. XXIII] The Maharashtra Gramdan Act, 1964 15
(r) prepare and implement schemes for housing, education and medical relief for the village
community under its charge ;
(s) encourage conciliation in respect of private debts of its members ;
(t) perform such other functions and duties and exercise such other powers as may from
time to time be prescribed.
29. Power of Gram Mandal to accept donations of land after establishment of Gramdan
village.— (1) Any owner of land (not being a minor), holding land in a Gramdan village, may donate
all his lands by way of Gramdan in the same manner and subject to the same conditions as are
provided for in the case of a donation under section 5, and thereupon, subject to the provisions of sub -
section ( 2), the provisions of this Act shall, as far as may be, apply as if such donation were made
under that section :
Provided that, no declaration made under this section shall be confirmed by the Collector without
the approval of the Gram Mandal.
(2) With effect from the date on which the declaration referred to in sub -section (1) is confirmed,
all the rights, title and interest of any person whose de claration is so confirmed in or over the lands
covered by such declaration, shall, save as otherwise provided by this Act, cease, and shall stand
transferred to, and vest in, the Gram Mandal established for that Gramdan village ; and thereupon, the
provisions of this Act shall, as far as may be, apply, as if such declaration were confirmed under
section 5.
(3) Any person (not being a minor) residing in a Gramdan village who has not made a donation
by way of Gramdan under section 5 or sub -section ( 1) of thi s section, may join the Gramdan
community in the same manner and subject to the same conditions as are provided in sub-section (3) of
section 5, and thereupon, the provisions of this Act shall, as far as may be, apply, as if such declaration
were made under sub-section (3) of section 5.
30. Power of Mandal to cancel lease, etc.— (1) Where any lessee from the Gram Mandal,—
(a) transfers his interest in the land in contravention of the provision of clause ( b) of
sub-section (1) of section 27, or
(b) fails to pay any dues in respect of the land leased to him, or
(c) fails to cultivate the land for two consecutive years,
the Gram Mandal may make an application to the Collector, for cancelling the lease, and if he is
in possession thereof, for the evic tion of the lessee therefrom ; and thereupon, the Collector may, after
making such inquiry as he deems fit and after giving the lessee an opportunity to be heard, cancel the
lease, or as the case may be, pass an order of eviction, and in the latter case, r estore possession of the
land to the Gram Mandal after ejecting the lessee or any other person found in possession of the land :
Provided that, the right of any person who is in lawful possession of such land shall not be
affected thereby.
(2) Any order r estoring possession of the land under this section shall be executed by the
Mamlatdar or Tahsildar within whose jurisdiction the land is situate in the manner provided in section
21 of the Mamlatdars‟ Courts Act, 1906 (Bom. II of 1906), as if it were the d ecision of the Mamlatdar
under that Act.
(3) Notwithstanding anything contained in sub -section ( 1), the Collector may instead of
cancelling the lease or ordering his eviction on any of the grounds falling under clause ( b) or clause (c)
of that sub -section, by order direct the Gram Mandal to assume management of the land in such
manner, and for such period as he may specify; and make such further order as he may think fit for
enabling the Gram Mandal to assume management of the land.
(4) In any case where the management of any land is assumed under sub -section (3), the Gram
Mandal shall, in such manner and at such intervals as may be prescribed, pay to the lessee the surplus
income, if any, derived from the land during the period of management after deducting all amounts due
16 The Maharashtra Gramdan Act, 1964 [1965 : Mah. XXIII
to the Gram Mandal from the lesseeExcerpt shown. Open the full act in Lexace.