The Odisha Bhoodan and Gramdan Act, 1970

 
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The Orissa Bhoodan and Gramdan Act, 1970 
 
Act 2 of 1971 
 
 
 
 
 
 
 
 
Keyword(s): 
Bhoodan Yagna, Community Purpose, Gramdan, Grama Parishad, Gramdan 
Village, Land, Land-holder, Landless Person, Resident, Samiti 
 
 
ORISSA ACT 2 OF 1971 
THE ORISSA BHOODAN AND GRAMDAN ACT, 1970 
I. Short title, extent and commencement 
2. Definitions 
3. Constitution and incorporation of the Samiti 
4. Composition of the Samiti 
5, Term of Office 
6. Resignation of Chairman, YiccChairman and other mcmbers 
7. Removal of Chairrn~n, Vice-chairman or other Membcrs 
S. Filling of casual vacancies 
9. Dissolution and rc-onstitu~ion of the Samiti 
10. Acts of the Samiti, etc., not to bc invalidated by infirmity 
11. Local Committees 
12. Donation of land 
13. Declarations filed und~r section 12 
14. Grant of land by the Samiti 
15. Fund and propcrty of the Samiti 
16. Declaration oF n village as Gr,mdarl village and constitution OF Gram parishad 
17. Power of grantee of land to donate land to Grm Parishad 
13. Power of Grzma Parisha1 to transfer and nlienatc land 
19. Managcinent of tbe 13uds vested in Grama Parishad 
20. Acts of Grnma Parishnd o: i tq com.ntitce not to be inval~datcd by inf rmity, ctc 
2 I. Allotment of land by Graina Parishnd 
22. Disputs regarding allotment of lad 
23. Eviction of allottce 
24. Funds of Grama Parishad 
25. Attachment and sale of land vesting in Grama Parishad 
26. Supersession of a Grama Parishad 
26. A. Cancellalion of grant or allotment 
26. B. Eviction of un.~uthorised occupants 
27. Appeal 
28. Revision 
29. Filling of suit 
30. Grantee or alIottee of land not be a tenant 
31. Exemption of Stamp duty and registration fee, etr. 
32. Act to override other Iaws 
33. Power to make regulations 
34. Power to make rules 
35, . . Repeal and saving 
- [THE ORISSA BHOODAN AND GRAMDAN 
ACT, 19701 
[Received the assent of 11ze Presiderzt 012 131e 18th 
ilfarclz 197 1, fist pttb!ished ilr on ex~ctorditlnry 
issue of cite Orissa Gdzette, dated !lie 
12th April 19711 
AN ACT TO FACILITATE THE DONATION OF LAND 
FOR BHOODAN YAGNA AND GRAMDAN, THE 
DISPOSAL OF suctr LANDS AND MATTERS 
CONNECTED THEREWITH 
BE it enacted by i he Legislature of the State of 
Orissa in the Twenty-first year of the Republic of 
Tndia as fol101vs:- 
CHAPTER I 
1. (I) This Act may be called the Orissa Bhoodan Sho~ title 
and Gramdan Act, 1970. extent and 
commence 
mcnr. 
(2) It extends to the whole of the State of Orissa. 
(3) It shall come into force on such date as the 
Sf ate Government may, by 2notifica t ion, appoint in 
that behalf. 
2. In this Act, unless the context otherwise ,,,iliom 
requires,- 
(a) 'Bhoodan Yagna' means the movement 
initialed by Shri Acharya Vinobha Bhave 
for the acquisition of lands by way of 
donation, for distribution to the landless 
persons, or for a community purpose; 
1, For Slptcment of Objects and Rcasons, sce Orissa Gazerle, Extra- 
ordjmry, dated Ihc 20th February. 1970 (No.276) and for SeIcct Committee 
Rcport, see ibid., dalcd thc 13rd Scptcrnhr, 1972 (No. 1232). 
2. It camc into force wirn c&cl lrom the 25th De[nbcr 1972, vide 
Notification No. 75251-R., dated the 14th Dccembcr 1972 published in the 
Orissa Gazette, Extnordinary, datcd thc 15th Dcccmber 1972 (No. 1768). 
[76-73(a) L~WI 
&2 02 0ORiss~ BHOODAN AND GRAMDAN ACT. 1970 [Or. Act 
(b) 'community purpose' means any purpose 
which is for the gensral good of the 
corn munit y ; 
(c) 'gramdan7 means a voluntary donation of 
land,in a viIlage made in pursuance of 
the provisions of this Act; 
(d) 'Grama Parishad' means a Grama Parishad 
constituted under sect ion 16; 
(e) 'Gramdan Village' means a Gramdan 
Village declared under section 16; 
[(*I) chomeless person' llleaos a person who 
does -not own any house;] 
(f) 'land' includes interest in land, the benefits 
arising out of land and things attached to 
the earth or permanently fastened to 
anything attached to the earth; 
(_a) 'land-holder' means a proprietor, sub- 
proprietor, malguza ?, thikadar, gountia, 
tenure-lzolde 1' and unci er tenure-holder and 
includes an inamdar, jagirdar, zamindar. 
illaquadar, kharposhdar, ,parganada r, 
sarbarakar, maufidar and other holders or 
owners of interest in land between the 
raiyat a~d the State; 
(h-) 'landless person' means a person who does 
not own any land or who owns Sand which 
does not exceed such limit as may be 
prescribed; 
(i) in relation to land held by a raiyat with 
permanent and heritable rights in the 
Id 3, tbe raiyat; 
in relation to land, held under a grant, 
lease or assignment from the State 
Government or a Iand-holder, the 
person who so holds; and 
(fdi) in -elation to any other ,land, the 
person to whom the land belongs; 
(j" fprescribed' means pcescribed by rules 
; made under this Act; 
* 1, lnsertd by thc Orissa Bhoodaa and Gramdan (Amcndmcnt) Act, 
1979 (Or. Act 23 of 1979),s- 2, 
' 
(Sees. 3-4) 
, . 
(k) 'residenty in relation to. the lbcal. a~ea 
A. . 
means a persoa w,ho ordinarily ~esidm ia-. 
that local. area; 
(I) 'Samitit means the Sam iti: constituted 
under section 3; 
(n2) 'village' means an area defined; sume~;d 
and recorded as a disti.nct ad-. sepm& 
viliage in the revenue records. ~g the 
district in which it is situatc. 
CONSTITUTION, POWERS AND FUNCTIONS OF Tm .-a 
3. The State Clover-nment shall, by, notiBcati0n. QF-I , 
constitute a Samiti by the name a'f the. Q~ssB:~~&~ 
Bhoodan Yagl~a Samiti which shall 'tie a. &@--ti.. 
corporate having perpetual succession and' a c,omr]n;oa, 
seal with power to enter into contracts and Co_acquiire, 
hold, administer and dispose of proper@. both 
mumable and immoveable and may, by th,said 
I 
name, sue or be sued. 
4. [(I) The Samiti shall consist of a Chairinan, a sf"$:rz$- 1 
Vice-Chairman and nine other members to be 
appointed by the. State Government. ] 
(2) The appointment of the Chairman, the Vice- 
Chaknian and ~Jze other members of the: &miti shail 
be notified in the Gazette. 
(3) The Chairman shall exercise such powes and 
perform such functions as may be prescribed. 
(4) The Vice-Chairman shall exercise such powers 
and perform sue11 functions of the Chairman as the 
Chairman may, from time to time, delegate to Em in 
writing in that behalf and he shall also exercise the 
powers and perform the functions of the Chauman 
during his absence. - I ! 
1. ~~bstiiutcd by the Oris73 Hhoodan and Gramdan (Amendment) 
Act, 1977 {Or. Act 4 of 19771, s. 2. 
(Secs. 5-8) 
Term of 
OEce. 5. Every member of the Samiti, including the 
Cbairman and Vice-Chairman shall hold office for a 
term of four years from the date of notification of his 
appointment, and shall be eligible for reappointment. 
'[Provided that t hc Statc Government, whenever 
they deem it expendient so to do may, by notification, 
extend from time to time, the aforcsaid tcm of office, 
so, however, that the total extension does not in the 
aggregate exceed onc year.] 
of Chairman, 6. (1) The Chairman, Vice-Chairman or any 
Vicc-chai~ of her member of the Sarniti may resign his office by 
maom givingpotice in writing to the State G ovcrnment. other mcm- 
bers. (2) If the resignation is accepted by the State 
Government, they shall publish a notification to that 
effect and thereupon the Chairman, Vice-Chairman or 
the member, as the case may be, shall cease to hold 
office with effect from the date of such publication. 
R-s~l.of .. ,. 7. (1) The3tate Governmeat may, by order, Chatman, viaair- ~~QIOY~ the Chairman, Vi ce-Chairman or any other 
manorothermember of the Sarniti after giving him an opportunity members. to makg any representation which he may wish to 
make, .if they are satisfied that he- 
(a)- has become of unso~r nd mind; 
(b) has applied to be aijtdicated or has been 
adjudicated an i~lsolvent; 
... .... . . . (c) has been sentenced ty a criminal court for 
.,. an offence involving moral turpitude, such 
sentence nct having been reversed; 
(6) has become physically and mentally infirm 
to act as Chairman, Vice-Chairman or 
- - Illember or has absued his position or 
powers vested in him as ChaJrr;~?!?, Vice- 
Chairman or member; or 
(e) has failed, without excuse suficint in the 
'opinion of the Snmiti, to attend three 
consecutive meetings of the Samiti and the 
Samiti has recommended his removal. 
- (2) ~ver~ order of removal under sub-sedion (I) shall, as soon as possible after it is made, be publi- 
shed,in the Gazette and shall take effect from the 
date of such publication. 
Filling oi 8. Any casual vacancy in the o%ce of thc 
casual Chairman, Vice-Chairman or any other me111 her of th vacancies. Samiti, shall, as soon as may he, after the occurrence - - - - - - - - -- -- 
I. Addd by the Orissa Bhoodan ;in.[ Gi;i:11 Inn (Amendnicol) Act. 1977 (Or. Act 4 of 1977). s- 3. 
(Sec. 9) 
of such vacancy be filled up by appointment of 
another person in the manner provided in section 4 
and the Chairman, Vice-Chairrnan or other member 
so appointed shall enter upon office forthwith but 
shall hold office only for the residue of the term of 
his predecessor : 
Provided that in the event of any vacancy in the 
office of both Chairman and Vice-Chairman the State 
Government may 2-ppoint any member of the Ssrniti 
to perfcrm the functions and exercise the powers of 
the Chairman until a person duly appointed as 
Chairman assumes office. 
9. '[(I) If the State Goverr~ment are satisfied that -  iss solution, 
and reconstr- 
(a) the Siulliti I~as failed without rsaaonable tution cf 
cause or excuse to discharge the d uries, or thcSamitis 
to perform the fur~ctions, imposed on, or 
assigned to it by or under this Act or has 
exceeded or abused its Fowers; or 
(b) circumstances have arisen in which the 
Sarniti is, or may be, unable to discharge 
the duties, or to perfor~n the functions, 
imposed on, or assigncd to it by or under 
this Act; or 
(c) it is ott~cnvise expedient or necessary to 
dissolve the Samiti, 
they may, by notification, dissolve the Samiti 
and direct reconstitution thereof either immediately 
or within such period, not exceeding six months, 
as shall bc specified in the ~~otification.] 
(2) Before directing the dissolution of the Samiti 
under sub-section (I), the State Governmefit 5:; 211 
communicate to the Samiti the grounds on which they 
propose to do so, fix a reasonable period for the 
Samiti to show cause against the proposal and con- 
sider its explanation and objections, if any. 
(3) Upon dissolution of the Samiti under sub- 
section (I), all its members including (he Chairman 
and Vice-Chairman shall be deemed to have vacated 
their offices. 
(4) During the interval, if any, between the disso- 
lution and the reconstitution of the Samiti the State 
Government may, by order, appoint any officer or 
authority to exercise the powers and discharge the 
duties of the Samiti, subject to such restrictions and Istations as may be specified in the ordcr. ...-----. -- ----.-- 
1. Suhstitukd by thc Orissn Bl~oodan and Grarndan (Anicndmcnt) Act 
1980 (Or - Act 13 of 1980). 5.2. 
(5) Where the Samiti is dissolved under this 
section, the State Government, until the date of the 
reconstitution thereof, and the reconstituted Samiti 
thereafter, shall be entitled to all the assets and be 
subject to all the liabilities of the Samiti. 
Acts of the 10. No act of the Sslmiti or of any person acting 
she, et~., as the Chairman, ViceCbairman or a member thereof 
not '0 b~ shall be deemed to be invalid only by rcason of any invalids ted 
by iniirmity. defect or irregularity in the constitution of the %Nniti 
or by reason of such act having been done during the 
period of any vacancy in the office of the Chairman, 
Vice-Chairman or any other member of the Samitj. 
L~I 11. (I) The Samiti may, for any district or part 
Comm"fzes. thereof, constitute a Local Committee consisting of a 
Chairman, Vice-chairman and three other members 
to be appointed by it from amongst the residents of 
the area concerned. 
(2) The appointments made under sub-section (1) 
shall be notified in the Gazette and the persons so 
appointed shall hold office for a period of four years 
from the date of such notifiation. 
(3) The Samiti may, with the approval of the 
State Government and subject to such restrictions and 
limitations as it may impose, authorise any Local 
Committee constituted under sub-section (I) to per- 
form or exercise in the area for which such Low1 
Committee is constituted, all Qr any of the duties, 
powers or functions vested in the Samiti. by or under 
this Act and the Samiti may, in like manner, with- 
draw such authorisation. 
(4) The provisions contained in sectiot~s 6, 7, 8, 
9 and 10 shall apply to a Lo,cal Commit,ti=e as they 
apply to the Samiti subject to the modification that 
the powers exercisable by, and the duties imposed on, 
the State Government under the said sections shall, 
in relatien to a Local Committee, be exercised and 
discharged by tl~e Samiti and that it shall not be 
necessary to make aay consultittion as is required 
under sections 8 and 9: 
Provided that the dissolution or reconstifution 
of a Local Committee shall be subject to the prior 
approval of the State Government: 
Provided f~lrthel- that where the State Govern- 
ment are satisfied tlnt the removal of the Chairman, 
Vice-Chairman or a member of a Local Conimittee 
or the dissolution of a Local Cori;n?ittee is necessary 
and that the Samiti has fziled to take act on in that 
regard, they may, after consuIting the Samiti, remove 
such Chairman, Vice-Chairman or member or dissolve 
and reconstitute such LocaI Committee and tht ,pro- 
visions of seetions 7 and 9 shall, as far as may be, 
apply therefor. 
12. (1) Any owner may, by declcla ration made in f;TGon 
.th.e prescribed manner, donate his land for Bhoodan 
'Yagna or for Gramdan: 
Provided tbat- 
(4 where a lanu is owned jointly by i,wo or 
more persons, the donation of such 
land shal1 not .be valid unless the declara- 
tion is signed by all such joint owaers; 
and 
(b) a declaration nzde by or on behalf of a 
person wlzo has not completed the age of 
21 years shall not be valid. 
42) :Every declaration made under sub-secfipn (I) 
shdll -be fikd brfore the Tahsildar within qhose juris- 
diction the land is situate: 
Provided that if the land is situate within the 
jurisdiction of mare than one Tahsildar the declara- 
tion may -be filed before the Tahsildar within whose 
jurisdiction any -portion ,of the land is situate. 
(3) Without prejudice to the generaIity of the 
,foregoing .provisions no donation .of land made in pursuance of this Act by a .member of a Scheduled 
Tribe or Scheduled Caste for the purpose of Bhoodan 
Yagna or Gramdan, shall he declared invalid or 
inope-rative or ,otherwise open to cl~allsnge, merely on 
the,ground that any other law restricts or prohiblrs 
d~nsfers by members of such Tribes or .Castes 
wlthout previous consent of any*authority specsed in 
-any such law. 
23. (:13 Every declaration filed under sub-section Dcclaratiwr 
filed undm (2) of section 12 shall, -as soon as possibIe, be publi- =tiw 
shed in such manner as may be prescribed, together 
~4th a:notice:requiring all persons interested to sub- 
& .$heir o bjecths if any, in writing ,to the Tahsildar 
within two months fiom the date of such publication. 
(2) A copy of thc dcclaration together with the 
notice referred to in sub--section (I), shall also be 
served in the prescribed manner by the Tahsildar on 
each of the persons known or believed to be 
interested in the land specified in the declaration, SO 
far as such service may be practicable. 
(3) 9 the expiry of the period of two months 
specified in sub-section (I) and after giving notice 
to the Samiti, the Local Committee concerned, the 
donor and the person, if any, who has fled objec- 
tions, the Tahsildar shall proceed to investigate as 
to the right, title and interest of the donor in respect 
of the land donated by him and consider all the 
objections filed under sub-section (I), and thereafter 
he may by an order either accept the declaration or 
reject it for any of the reasons mentioned in sub- 
section (6). 
(4) Where the Tahsildar accepts the declaration 
and if it is confxmed or deemed to have been 
confirmed by the Samiti under sub-section (6), the 
donor shall deliver possession of the land to the 
Samiti; and thereupon, the donation of the land 
shall, subject to any order in an appeal under section 
27 or revision under section 28 or any decision in a 
suit under section 29 or in a further proceeding in 
relation to such suit, be irrevocable and all the ri 
stand transferred to, and vested in, the Samiti. 
f? title and inrerest of the donor in such land s ali 
(5)Every order accepting a declaration 
under sub-section (3) which is confirmed or deemed 
to have been confirmed by the Samiti under 
sub-section (6) shall be published in the Gazette. 
(6) The Samiti may, at any time within two 
months from the date of the order passed by the 
Tahsildar under sub-section (3), by order,confirrn any 
declaration accepted by the Tahsildar, or , reject it 
for any of the following reasons, namely:- 
(i) that there are encumbrances on the land; 
(ii) that there are arrears of land revenue or 
rent due on the Iand ; 
(iii) that the donor is not the owner ,of the 
land or. is otherwise ' not cqmpetent to 
make the donation: or 
(iv) that there is any other good or sufficient 
reason : 
Provided that if no ord&r is passed by the 
Sanliti either confir mi ng or rejecting any 
declaration accepted by the Tahsildar within the said 
period of two months, it shall be deemed that the 
declaration has been confirmed by the Samiti. 
(7) Where a declaration is rejected under this 
section or in an appeal. under section 27 or revision 
under section 28 or in a suit under section 29 or in a 
further proceeding in relation to such suit, the 
donation shall stand cancelled and the donor shall 
be deemed to continue to have the same right, title 
and interest as well as the same liabilities in respect 
of such land as he ha3 immediately prior to the 
filing of the declaration. 
.1 
Grant ot 14. '[(I) The Sarniti may, aftei ' taking into by ihc 
consideration the wishes of the donor as far as samitl. 
possible, and subject to the limitations hereinafter 
provided, grant any land which has vested in it to 
a landless person who is abIe and willing to cultivate 
the land, or to the Governnlent or a local. authority. 
(I-a ) The maximum extent of land to be 
rrranted to a landlcss person shall be- - 
(a) if he doed not own any land, two acres; or 
(b) ifhe owns land measuring less than two 
acres, an area by which the land owned by 
him falls short of two acres. . 
(1-6) No land shall be granted to' the Govern- 
r~lent or to a local authority in excess of five 
acres or for a pursose othcr than community 
purpose. 
(1-c) The person, Government or local 
authority to whom any land is so granted shall 
acquire therein such rigts and remain subject 
to such liabilities, condj tions, restrictions and 
limitations as may be prescribed. 
1. ~ubstitutcd by thc OF~?-= Bhoodan and Gramdan ( Amendment) Act, 
I978 (Or. Act 15 of 1978), S. 2. 
~57-73 (a) Law] 
610 THE ORISSA BHQODAN AND GRAMDAN ACT, 1970 [Or Acf. 
(2) No permanent grant of land siiall be made 
under sub-section (I) until three months havc expired 
from the date of the order codrming the declaratinn 
by the Samiti or from the date when the Samiti shaTI 
be deemed to have confirmed the declaration or 
where an appeal is preferred under section 27 or a 
revision is filed under section 28 or a suit is instituted 
under section 29, until such appeal, revision or the 
suit or any further proceeding in relstion thereto is 
finaIly disposed of upholding such declaration. 
(3) The Samiti may take such steps for the 
temporary management of the lands vested in it as 
it thinks fit in accordance with the rules made in this 
behalf, until they are disposed of under this Act. 
Fund and 
property of 15. (I) The Samiti shall have its own Fund called 
,hCSadti. the Orissa Bhoodan Yagna Sa~niti Fund; and all 
moneys which may, from time to time, be paid to it 
by any agency or any Government or any local 
authoritjT or any person shall be credited to the fund and all payments by the Samiti shsll be made ther* 
from. 
(2) All moneys belonging to the fund shall be 
deposited in such Banks or invested in such manner 
as may, subject to the approval of the State Govern- 
ment, be decided by the Samiti, 
(3) All property, Fund and other assets vesting 
in the Samiti shall be held and applied by it subject 
to the provisions and for the purposes of this Act. 
(4) The Samiti may accept any land in exchange 
for the land donated in pursuance of Bhoodan Yagna 
or Gramdan. 
-- 
CHAPTER 111 
Declaration 
of a village 16. (I) Where, in a village or in a part of a 
as Gramdan viuage- 
v illage and 
constitution 
o c Gmma (a) the extent of lands donated for Bhoodan 
Parishad. Yagna or Gramdan, in respect of which 
declarations fiIed under section 12 have 
been confirmed or deemed to have been 
confirmed, is not less than fifty-one per 
cent of the total extent of land held under 
~fiv~te ownership by the residents of that 
v~Ilagc or part thereof; 
ib) number of persons whose declarations 
have been so confirmed is not Iess than 
seventy-five per cent of the total number 
of Persons owning Iands and residing in 
the village or part thereof; and 
(c) not less than seventy-five per cenl of the 
persons who have completed the age of 
twenty-one Years and who are residing in 
the village or part thereof have declared in 
the* prescribed form and manner their 
desrre to participate in the Grarndan 
movement, 
the State Government or any officer not below the 
rank of a Collector specially authorised by them in 
that behalf may, on ihe recommendation of the 
Samjl~, declare, by notification, the village or such 
part thereof, as the cdse may be, to be a Gramdan village with effect from the date specified in such 
notification : 
Provied that no such part of a village shall be so 
declared unless the lands donated from a compact 
block and unless the requisite extent of communal 
and reserved land is contiguous to that part. 
@,As soon as may be after the publication of 
the notification under sub-section (I), there shall be 
constituted for the Gramdan Village specified in the 
notification, a Grama Parishad and every person 
who has completed the age of twenty.one years who, 
either has donated any Iand far Bhoodan Yagna or 
Gramdan or who owns any land or house or whose 
name is included in the electoral roll of that village 
under the Orissa Grama Panchayat Act, 1964, shall 
:Fsp"ts be a member of such Parishad: 
provided that a person shall be disqualified for 
being a member of such Parishd if he is not a 
citizen of India or is of unsound mind and stands so 
declared by a competent court. 
(3) The ~Grama Parishad shall be a body car. 
porate having perpetual szlccession and a cornmoll 
seal with power, subjwt to the provisions of this Act 
612 TE~E ORISSA BHOOBAN AND GRAMDAN ACT, 1970 [Or. Act. 
and the rules made thereu rider, to accgire, hold and 
&spose of property and to contract and may, by the 
said name, sue or be sued. 
(4) The Sallliti shall cause to be prepared and 
publislxd in the prescijbcd manner a list of the 
names of members of each Grama Parishad and the 
Grama Parishad may, from time to time, amend the 
list for the purpose of bringing it up-to-datc and n 
copy of every such amcndrnet~t shaI1 be forwarded 
to the Samiti which shall cause it to tz published in 
the prescribed manner. 
(5) Every such list and the amendments therctfi 
published under sub-section (4) shall be final and 
shall not be questioned in any court of law. 
(6) With effect from the date on which the list 
of members of the Grama Parishad is first published 
all the lands in the Gramdan village which have 
vested in -the Samiti under this Act, shall stand 
transferred- to and vest in, the Grarua Parished. 
(7) Any land iu - the Gratndan village which 
vests in the Samiti by way of donation aftcr the 
aforesaid date shall also stand tra~lsferred to and vest 
in, the Grama Pirishad with effect from the date on 
which it vested in the Samiti. 
(8) There shall be a President and a Vice- 
President for each. Grama Parishad -who shall be 
elected in the priscribed manner by tfie members of' 
the Grama Parishad from among themselves. 
(9) The President and the Vice-President shall 
hold office for a period of four years from the res- 
pective date of their eIection. 
(10) The President may resign' his office by 
giving notice ,-in writing to the Grama Parishad and 
on the resignation being accepted by the Parishad 
he shall be deemed to have vacated his office. 
(11) The Vice-President may resign his ofice by 
giving notice in writing to the President and Ite shall 
be deemed to have vacated his ofice with effect from 
the date on which the notice was received by the 
President. 
(I2) The President shall exercise such powers 
and perform such functions as may be prescribed. 
i-. : 
(13) The Vice-President shall exercise such 
powers and pel-form such ions of the President 
as thc President m:iy, fro111 time to time, dclcgate to 
him in writing. 
(14) Any casual vacancy, in office of the President 
or Vice-President shall, as soon as may be after tfze 
occrztrcnce of such vacnncy, be filled u? by election 
held in accordance i; ith the provisions of su b-sectior~ 
(8) and the PresidenL or the Vice-Prcsideut so elected 
shall enter upon ofice forthwith but shall fiold oj'fice 
only for thc residue of the tcrm of his predecessor. 
17. (1) Any person who is, granted land by !he :z:c ofof 
Samiti under section 14 or is deemed under sectron land to 
35 to have been granted land may by a declaration $"Za$d 
made in the prescribed manner and filed with theParisl,=~. 
Samiti, donate such land in favour of the Grama 
Parishad established for the village in which such 
land is situate. 
(2) Where a declaration made under sub- 
secti~n (1) is confirmed by the Samiti, the donation 
of the land shall, notwithstanding any thing to the 
contrary in section 14, be irrevocable and all the 
rights, title and interest of the donor in such land 
shall stand transferred to and vest in, the Grama 
Parishad. 
18. (1) No Grama Parishad shall, without the 
previous sanction of the State Government alienate 
or trans'fer any land vested in it or any 'right or 
interest therein : 
Provided that the Grama Parishad may, with Pow of 
Grama pari- 
the previous sanction of the Col!ector exchange lands shad to 
transfcr and for the purpose of securing consolidation of holding alienate land. 
or hypothecate the lands vasted in it in favour of 
the State Government or a Co-operative Society or 
Land Development Bank or any scheduled bank 
within the meaning of the Reserve Bank of India 
oi 1934 Act, 1934 for the purpose of securing a loan. 
(2) Any transaction made in contravention of 
sub-section (1) shall be nu11 and void. 
6 1 4 THE ORISSA BHOODAN AND GRAMDAN ACT, 1970 [Or. Act 
Manngcmnt 19. The Grama Parishad may--- 
uf thc lands 
rVcs t c d i n 
Gnma parid '[(a) allot all the lands vested it to landless 
s had. or homeless persons residing in the Gram- 
dan VIllagc either for cuItivation or for 
construction of house, as the casc may be, 
on suclz tcynis ;!rid conditions as it thinks 
fit: ] 
Provided that whert: a person 112s donatcd all his 
lands under this Act the Grams Parishad shall, if 
such person is willing to cccept thc allotment, allot 
ninty-five per centum of the Iands sn donated to 
that person, so however that the total extent of the 
lands allotted s1laII in no event exceed the ceiling 
limit applicable to such person un3er the Orissa Land 
Reforms Act, 1960; Ori~a ~ct 16 
of 19SO. 
(6) set aprt lands for the general good of the 
community as may be specified in the rules; I 
(c) make advances eitber in kind or in cash to 
persons to whom lands are allotted and 
recover the advances so made ; 
Z[(c-l) make advznces in cach for the purpose of 
construction, improvement or maintenance 
of houses, to persons to whom lands are 
alloted for construction of houses and 
recover the advances so made; ) 
(d) carry out measures for the improvement 
of lands and for the improvement of the 
methods of cultivation, the reclamation 
of waste Iands and for such other purpo- 
ses as may be specified in the rules ; 
(e) consolidate lands in the Gramdan village 
by exchange of lands or otherwise ; 
(f) undertake any agricultural or non-agri- 
cultural enterprise in the interest of the 
residents of the Gralndan village ; and 
1. Substituted by thc Orim Bhoodan and Gmmdan [ Amendment ) Act, 1979 ( 05. Act 23 of 1979), S. 3 (i). 
2. Inscrtcd by (ibid) S. 3 {ii). 
(g) perform such other functions as the State 
Governn~ea t may, by notification, aut ho- 
rise. 
20. No act of a Grama Parishad or any cornmi- ;;:;: ,,- 
ttee thereof shall be deemed to be invalid by reason shad or it, 
only of any defect in the constitution of the Grama commitlcc 
Parishad or the committee, as the case may be. not to bc in- 
validated by 
idrmi~y, 
'[21. Allotment of land in a Gran.;dan village c[c. 
shall be subject to the followingconditions, namely :- Allotment OF land bv 
Gnma hi- 
(n) if the allotment is for cultivation, the shad. 
allottee shall, unless specifically exempted 
by the Grama Parishad, cultivate the Iand 
personally ; 
(h) if the allotment is for construct ion of house, 
the allottee shall construct, the house within 
a reasanaltle yeriud and shall, unless 
specifically exempted Ly the Grama Pari- 
shad, reside in the house ; 
(c) the aIIoite shall not transfer his inferest in 
the land or in thc house, but such interest 
shall he heritable. 
~x.yIancriion--For the putposcs of this section 
and section 23, land shall not be deemed to be culti- 
vated personally unless the person hiinself or ally 
member of his family puts in such minimum lahour 
on the land as may be Iaid down by the regulations 
made by the Grama Paxishad.] 
22. (1) Any persm aggrieved by an order of ~isputcs 
regarding allotment of land made by a Grama Parishad may aIlotmcnl 
make an application to the Grama Parishad withinland. 
sixty days from the date of such order for arbitra- 
tion by an Arbitration Board and on receipt of such 
application the parishad shall refer the dispute for 
arbitration. 
(2) An Arbitration Board under sub-sectio11(2) 
shaII consist of- 
(i) one member nominated by the applicant; 
1- Subslitutzd by the Orissa Dhoodan and Gramdan (Arnendmcnt) Ac~, 
1979 (Or. Act 23 of 1979), s. 4. 
61 6 THE OXZSSA QHOODAN AND GRAMDAN ACT, 1970 [Or. Act 
(Secs. 23-26) 
(ii) one member norninatcd by the Grama 
Parishad ; and 
(iii) one member nominated jointly by the 
members referred to in clauses (i) and (ii) 
but if there is no agreement in that regard 
one member to be nominated by the 
Samit j. 
(3) The decision of the Arbitration Board 
shal! be final and binding on the parties. 
Eviction of 
allottm. 23. (1) Whenever it comes to the notice of the 
Giama Parishad that any person to whom land has 
been allotted under section 19 has without sufficient 
cause failed to cultivate - such land personally for two 
consecutive agricultural years [or to costruct the 
house within two years from the date of alIotment 
and reside therein as the case may be,] it may make 
an appbcat ion to the Tahsildar having jurisdiction 
for eviction of the allottee from the land. 
(2) Upon receipt of an application under sub- 
section (1) the TahsiIdar may, after giving the person 
concerned a reasonable opportunity of being heard 
and after holding such enquiry as he deems fit, evict 
such person from the land. 
Funds of 
Grama Pari- 24. (1) Every Grama Parishad sball have a fund 
shad. into which shall be credited all sums and moneys 
received by it. 
(2) The fund shall be administered by the 
Grama P~risllad in accordance with the provisions 
of this Act and the rules and the regulations made 
thereunder. 
Allachment 
and sale oi 25. No land vested in a Grama Parishad shall 
land vesting be Ii able to attachment or sale in execution of any 
in Grma dccree order passed by a civil or revenue court in Parishad. respect of an unsecured debt. 
Su~rscssion 
or a Cirama 26. (1) If at any time, the State Government are 
Parishad. of opinion that a Grama Parishad- 
(0) is not competent to perform, or persis- tently makes default in performing, the 
duties assigned to it by or undcr this 
Act ; or 
(b) exceeds or abuses the power assigned to it 
by or under this Act ; or 
-- -. -_ 
1. Znscrrcd by the Orism Bhoodnn and Grarndan (~mcodment)G 
1979 (Or. Act 23 of 1979) S. 5. 
(c) is not functioning in a manner consistent 
with the provisions of this Act or the rules 
framed there under , 
they may, by notification, and stating the reascns 
therefor, supersede the Grama Parishad for such 
period not exceeding one year as may be specifled 
therein : 
Provided that before issuing any such notifica- 
tion, the State Government shall give an opportunity 
to the Grama Parishad to show cause why it :should 
not be superseded and shall consider the ex Ianations 
f and objections, if any, filed by the Paris ad within 
one month from the date of receipt of the show cause 
notice and shall also consult the Samiti. , 
(2) Upon publication of a notification under sub- 
section (I) superseding the Grama Parishad- 
(a) the President and Vice-President of the 
Grama Parishad and the Presidents and, 
the members of all committees constituted : 
by it shall, with effect from the date of. 
notification, vacate their ofices as such; 
(b) all the powers and duties of the Grama 
Parishad shall, during the period of super- ' 
session, be exercised and performed by such .person or persons as the State 
Government ' may, from time to time, 
appoint in this behalf ; and ,. 
I. 
.. ,. (c) a11 properties vested in the Gramn Parishad shall vest in the State Government. 
(3) On or befo~e the expiration of the pried ,' 
of supersession specified in the notification issucd 
under sub-section (I), the State Government may ex-. 
tend the period of supersession for: such further . 
period, not exceeding one year at a time, as they - 
may consider necessary, and on the expiration of the 
period of supersession either as originally specified 
or as extended, the Grama Parishad shall resume its 
functions and elect its Presidd and Vice-President 
and constitute the Committee in the manner provided 
in this Act : 
Provided that the State Governii;ent may, at any 
time before the expiration of the period of super- 
session, by notification, reduce the said period. 
l78-73 (a) brv 1 
THE ORISSA BHO~DAB AND GRAMDAN Am, 1970 log. &T 
(4) The income derived from the Grcirndan 
Village during the period of supersession, shaIl first 
be utiliwd towards the cost of management during 
the period of supersession and liquidation of liabili- 
tres of the Grama Pasishad and the balance, if any, 
sball be Credited to the fund of the Grama Parishad. 
CHAPTER 1V 
Canceilrtion 
of grant '126-8 (1) Whenever it comes to the notice of- 
or allotment 
(a) the Samiti, that any person to whom land 
nas been granted under sectiod 14; or 
(b) the Grama Parishad, that any person to 
whom land has be-en alIotted under 
clause (a) of section 19. 
was not a landless person when such grant or allot- 
m'eilt was made, the Samiti or the Grarca Parishad, 
as the case may he, may, after giving the person 
comtirned a rqasonable opportunity of being heard 
and aftet maklng such enquiry as it deem fit, make 
an order cancelling the graut or the allotment, as the 
case may be : 
Provided that no proceedings under this Sub- 
section shalt be inttiated after the expiry of a period 
of thirty years from the date of the grant or 
allotment. 
(2) Upon an order of canceilation being made 
upder sub-section (1), the rights and interest of 
all persons holdibg the land 20 which the order 
relates shall stand extinguished and the land 
shall rever to fie Saimiti or the Grama Pa-tishad, -a9 
the case may be, free from a11 encumbrances; ajhd 
it shall be the duty of the pkson in possession of the 
land to deliver po~ssession thereof to the Samiti o? 
the Grarna Parishad, as the case may be, within 
thirty days from the date of the order. 
(3) If possession is not delivered in accordance 
with the provisions of sub-section (J), the .Samiti or 
the Grama Parishad, as the case may be, may make 
-- - 
I. Ioserlcd bithe Orissa Bhoodaa and Gramdan (Amcndrnent) Act. 1978 
(Q:. :kt 22 of 197CI), s. 2. 
an application to the Tahsildar having jurisdiction 
for eviction of the person in possession of the Iand 
whereupon the Tahsidar shall evict such person in 
the manner provided in sub-section 12) of section 23 
and restore possession of the land to the S.amiti or 
the Grama Parishad, as the case may be. 
26-B (1) If any person is :found to be in unau- f;E;h"jzs: 
thorised occupation of any land, the rigkt,title and occupsnts. 
interest wherein has vcsted in the Snmiti, the Tahsil- 
dar having jurisdiction may, on an application by 
the Samiti, made in that behalf within thirty years 
from the date when such occupation comes to the 
:knowledge of the applicant, and after making such 
enquiry .as he deems necessary, pass an order 
.requiring the person in such occupation to .vacate 
the land and to deliver possession thereof to the 
applicant within such date, not being earlier than 
thirty days from the date of the order, as may be 
specified in the order : 
Provided that no such order shall be passed 
,without giving the person concerned a reasonable 
apportunity of being heard. 
Explanation-" Unauthorised occupation" means 
.tke occupation of laud otherwise than in accordance 
with the provisions af this Act. 
(2) if the person in unau thorised occupation of 
the land fails to comply with the order passed qnder 
,sub-section (I), the TahsiIdar shall evict him from the 
land and restore possession thereof to the applicant.) 
'[27. Any person aggrieved by an osder passer' Appeal 
Qr made by- 
(u) the Tahsildar under sub-section (3) of 
section 13, or under sub-section (1) of 
section 26-B; or 
(b) the Samiti or Grama Parishad, as the case 
may be, under sub-section (1)of sectio n 26-A, 
may, within4hirty days from the date of the order, 
prefer an appeal before the Subdivisional Officer 
within whose jurisdiction the Iand is situated.] 
28. The Col'ector of the district ip wbi~h the R tvisian 
land is sit-ua te may, on .a,ppliration made by any per- 
son aggrieved by an order passed in an appeal undgr 
section 27 within sixty days from the date of the 
. . +-- 
1. ~ubstitufed by thc 0rissa Bhydsp grid ~jramdan (~mcndtne~t) A,ct, 
1976.(0r. A@ 22 of 1976). s. 3. . .. 
620 . THE ORISSA BHOODAN AND GRAMDA NACT, 1970 [ Or, Act. 
Filling >I 
suit. 
Grantce or 
alIoifec of 
land not to 
bc n tenant. 
Excaption 
of stamp 
duty and 
rcgislmtion 
fec, ctc. 
AC~ to over- 
ride other 
laws. 
order, call for the ~ecord of the appeal and if it 
appears to him that there has been a failure of jus- 
tice, he may make such order as he deems fit. 
29. (1) Any person aggrieved by an order passed 
by the Tahsildar under sub-section (3) of section 13 
my, if he has not preferred an appeal under sec- 
tion 27, institute a suit after the expiry of the period 
mentioned in section 27 but before completion of -a 
period of three monihs from the date of such expiry, 
in a Civil Court having jurisdiction to have the order 
set aside. 
(2) Any person aggrieved by an . order under 
section 27 or under section 28 may,, within three 
-months from the date of the order, institute a suit 
in a Civil Court having jurisdiction to have the order 
set aside .: . . 
Provided that no such suit against anorder 
under section 27 shall lie so long as an application, 
if any, made by such person under section 28 remains 
pending. : 
30. No person to whom any land is granted by 
the Sarniti or is allotted by a Grama Parishad under 
this Act shall bc deemed to be a tenant in respect of 
,such ],and for the purpose of any law relating to 
tenancy for the time being in force. 
, 31. Every ,declaration and any ,grant or ,allot- 
, ment of :land made or deemed to have been made 
. under this Act s!iall be, and shall be deemed always 
to have: been, exempt from the payment of fee- fox 
encumbrance certificate, stamp duty, registration fee 
and fee for the attestation of power-of-attorney undcr 
sub-section (2) of section 33 of the Indian Registra- le 19:s 
, tion Act,,l908. 
32. The provisions of this Act shall have effect 
, notwithstanding any thing inconsistent t hcrewit h con- 
' tained in any other law for the time being in force. 
Poir8er lo 
make Regu- 33. (1) The Samiti may, with the previous sanc- 
lations. ti05 of the State Government make regulations not 
inconsisten! with this Act and the ruIes made there- 
under, to provide for the conduct of its business and 
: .', . all other matters for which provision is necessary 
and expedient for the purpose of enabling it to dis- 
charge its functions under this Act. 
(21 Subject to the provisions of this Act and 
the rules, if any made thereunder, a Grama Paxishqd 
may, with the previous sanction of the Samiti, make 
regulations to carry out the purposes of this Act and 
in particular for the conduct of business, election of 
ofice bearers, appointment of Commit tees, rnainte- 
name of accounts and the audit thereof, appointment 
of employees and the remuneration payable to them, 
the principles to be followed in the allotment of Iand 
and for the levy of SUMS for such allotment, the 
grounds on which the allottees may be evicted from 
the lands, the manner of eviction of the allottees and 
any other matter for which provision is necessary and 
expedient for the purposes of enabling it to discharge 
its functio~ls under this Act. 
34. (I) The State Government, may make rules potvcr make rulcs. to 
for carrying out a11 or any of the purposes of this 
Act. 
(2) In particular and without prejudice to the 
generality of the foregoing power such rules may 
provide for- 
(a) the matters to be taken into account by 
the Samit in granting lands to landIes 
person ; 
(b) the form of declaration and the manner in 
which it shall be filed and the documents 
to be filed along with the declaration ; 
(c) the manner of inquiry, and hearing and 
disposal of objections under section 13 ; 
(d) the service of notices under this Act ; 
(e) the payment of travelling and other alIow- 
ances to the Chairman, Vice-Chairma a and 
members of the Samiti and Local Commi- 
ttees ; 
(f) the procedure to be followed by the 
Samiti and Local Committees in respect 
of financia1 matters generally, , {ncluding 
the manner in which and the restrictions, 
limitations and conditions ' subject . to 
which expenditure may be incurred by the 
Samiti and the Local Committees ; 
(g) tho form in which the accgunts bf the 
Samiti and Local Committees shall be 
kept, the audit and publication qf such 
accounts and the charges, if any, .to be 
made for such audit ; 
222 Tm OR~SSA BHOODAN AND GRAMDAN ACE, 1970 [Or. A cs 
(Sec. 34-cor7rd.) 
(h) the preparation of Annual Budget and the 
reports and returns to be furnished by the 
Samiti to the State Government and by 
the LGC~ Comn-rittees lo the Samiti ; 
(i) th e appointment of a Secretary and staff 
for the Samiti and the Local Committees 
and the remuneration payable to them 
and the delegation af the powers of the 
Samiti and Local Committees to the 
resp,ective Chairman, Vice-chairman and 
Sqcre t ary ; 
(j) the summoni~~g and 1-lolding of meetings 
of the Samiti .and the Local Committees 
and the

Excerpt shown. Open the full act in Lexace.

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