The rajasthan gram dan act, 1971

The Rajasthan Gram Dan Act, 1971 
Act No. 12 of 1971 
 
 
[Received the assent of the President on the 3rd day of August 1971]  
LEGISLATIVE HISTORY 
 
An Act to amend and re-enact the law relating to the establishment of Gramdan Villages in pursuance 
of the Gramdan movement initiated by Acharya Vinoba Bhave, the constitution of Gram Sabha therefor 
and matters connected therewith.  
Be it enacted by the Rajasthan State Legislature in the Twenty-second year of the Republic of India as follows:- 
CHAPTER I 
Preliminary 
1. Short-title, extent and commencement.  - (1) This Act may be called the Rajasthan Gramdan Act, 1971.  
(2) It extends to the whole of the State of Rajasthan.  
(3) It shall come into force at once.  
2. Definitions.  - (1) In this Act, unless the context otherwise requires- 
(a) "adult person" means a person who has completed twenty-one years of age; 
(b) "Bhoodan" means a donation of land to the Bhoodan Board; 
(c) "Bhoodan Board" means the Rajasthan Bhoodan Yag na Board established under section 3 of the 
Rajasthan Bhoodan Yagna Act, 1954 (Rajasthan Act 16 of 1954); 
(d) "Chairman" means the Chairman of the Bhoodan Bo ard appointed under section 4 of the Rajasthan 
Bhoodan Yagna Act, 1954 (Rajasthan Act 16 of 1954) and includes any person authorised by the State 
Government to perform all or any of the functions of the Chairman under this Act: 
(e) "common land" means land used or reserved for use for the common purpose of a village or villages: 
(f) "Gramdan" means a voluntary donation of land fo r the purposes of this Act and in accordance with t he 
provisions thereof; 
(g) "Gramdan Kisan" means a person who holds land a s Gramdan Kisan under this Act and includes his 
heirs and successors-in- interest: 
(h) "Gramdan village" means a village notified as a Gramdan village under section 11; 
(i) "Gram Sabha" means a Gram Sabha constituted under section 13; 
(j) "head of family" means the adult person incharg e of a family which is a collective body of persons  living 
in one house under one head or management and includes "Karta" of a joint Hindu family; 
(k) "holder" in relation to any land means a Khated ar or Ghair Khatedar tenant and where the land is u nder 
a sub-lease or a mortgage, the tenant-in chief and sub-tenants, and mortgagor and mortgagee, jointly, 
as the case may be; 
(l) "Panchayat" means a Panchayat established under  the provisions of the Rajasthan Panchayat Act, 
1953 (Rajasthan Act 21 of 1953); 
(m) "person interested" in relation to any land mea ns any person claiming any right, title or interest  in the 
land and includes a person having a right of easement over such land; 
(n) "prescribed" except where the words "prescribed  by regulations" are used, means prescribed by rule s 
made under this Act; 
(o) "regulation" means a regulation made by a Gram Sabha under section 50; 
(p) "resident" means a person who ordinarily reside s in a village and includes a person who has got a 
residential house in that village in which he resid es occasionally owing to his being employed or 
otherwise engaged elsewhere and "seside" shall be construed accordingly; and 
(q) "village" means a village entered as such in th e revenue records, and includes any compact part of  
such village in which there is a cluster of habitat ions, whether called a hamlet, thok, patti, dhani, pura, 
fala, wada, bas, nagla or by a similar other expression. 
(2) Words and expressions used in this Act but not defined shall have the meanings respectively assigned to 
them in the Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1955) as the context may require.  
3. Repeal and Savings.  - (1) On and from the date of coming into force of this Act, the Rajasthan Gramdan 
Act, 1960 (Rajasthan Act 3 of 1960) shall stand repealed.  
(2) Notwithstanding the expiry of the Rajasthan Gramdan Ordinance, 1971 (Rajasthan Order 4 of 1971), 
anything done or deemed to have been done or any action taken or deemed to have been taken by or under 
the said Ordinance, shall be deemed to have been done or taken by or under this Act.  
(3) The provisions of sub-section (2) shall be without prejudice to the provisions of the Rajasthan General 
Clauses Act, 1955 (Rajasthan Act 8 of 1955), which shall respectively apply to the repeal and expiry of the laws 
mentioned in sub-sections (1) and (2).  
4. 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;  
Provided that nothing in this Act shall affect the operation of Chapter III-B of the Rajasthan Tenancy Act, 1955 
(Rajasthan Act 3 of 1955).  
CHAPTER II 
Gramdan Board 
5. Gramdan Board.  - For the purposes of this Act, the Bhoodan Board shall be the Rajasthan Gramdan Board, 
hereinafter referred to as the Gramdan Board.  
6. Duties of the Gramdan Board.  - (1) It shall be the duty of the Gramdan Board to promote the Gramdan 
Movement in Rajasthan and for that purpose:- 
(a) to train workers for implementing the aims and objects of this Act and assign them to Gramdan village: 
(b) to guide the Gram Sabhas in the proper discharge of their duties; 
(c) to study and evaluate general experience in the development of Gramdan villages; and 
(d) to expedite legal and other formalities in connection with Gramdan villages. 
(2) The Gramdan Board shall also perform such duties as may be assigned to it under the provisions of this 
Act.  
7. Meetings.  - The time, place of meeting, conduct of business and the procedure to be followed at a meeting 
shall be at the discretion of the Gramdan Board, and the Gramdan Board may make regulations therefor.  
CHAPTER III 
Gramdan Village 
8. Declaration of voluntary transfer of lands by way of Gramdan.  - (1) Any holder of land, not being a 
minor, may file a declaration in the prescribed form before the Chairman that he donates, that is to say, 
voluntarily and without consideration agrees to transfer to the Gram Sabhas to be constituted as hereinafter 
provided, all his lands in the village specified in the declaration by way of Gramdan:  
Provided that, where any holder has transferred any of his lands in the village by way of Bhoodan, this sub-
section shall have effect as if the lands so transferred were included in the total extent of his lands:  
Provided further that the donor may specify land of his choice, not exceeding 19/20th of his total lands so 
donated, for allotment under sub-section (1) of section 26 for his personal cultivation as a Gramdan Kisan and 
shall contribute the remaining lands, not less than ½0th of his total lands, to the land pool of the village for the 
benefit of landless persons:  
And provided also that in specifying the lands to be held by him as Gramdan Kisan, the donor 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 holder shall- 
(i) join the Gramdan Community of the Gramdan village: and 
(ii) contribute annually to the Gram Nidhi 1/40th o f the produce of the land held by him as Gramdan Ki san 
or such other portion of the produce as the Gram Sabha may fix, or the cash value thereof. 
(3) A declaration under sub-section (1) shall not be valid unless it is made:- 
(a) in the case of land held by two or more persons as co-tenant by all such persons jointly: 
(b) in the case of land held by a Ghair Khatedar te nant, with the previous permission of the Collector  of the 
district in which the land is situate; and 
(c) in the case of land under mortgage, by the mortgagor and the mortgagee jointly. 
(4) A declaration under sub-section (1) may be made either individually or jointly.  
9. Declaration by head of family not holding any land to join Gramdan Community.  - (1) Any head of 
family residing in a village who does not hold any land therein, may file a declaration in the prescribed form 
before the Chainnan undertaking to- 
(i) join the Gramdan Community of such village; and 
(ii) make a periodical contribution to the Gram Nid hi equal to 1/40th of his net income or such other portion 
as the Gram Sabha may fix. 
(2) A declaration under sub-section (1) may be made either individually or collectively.  
10. Publication and investigation of declarations.  - (1) The Chairman shall, as soon as may be after the 
receipt of the declaration under section 8 or section 9, publish the same in the prescribed manner, make 
necessary enquiry to verify it in the prescribed manner and shall either confirm or refuse to confirm it.  
(2) Any person aggrieved by an order of the Chairman made under sub-section (1), may file an appeal to such 
appellate authority as may be prescribed, within thirty days of the date of order and subject to the decision of 
the appellate authority; such order shall be final. 
(3) 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.  
(4) A declaration which the Chairman has by order refused to confirm under sub-section (1) shall, unless such 
declaration is con-finned in appeal under sub-section (2), be of no affect.  
11. Declaration of the village as Gramdan village.  - (1) Where in a village,- 
(a) the extent of lands in respect of which the dec larations filed under sub-section (1) of section 8 have 
been confirmed, is not less than fifty-one percent of the total extent of lands held by persons residi ng in 
that village, 
(b) the number of persons whose declarations have b een so confirmed is not less than seventy-five 
percent of the total number of persons holding land and residing in that village, 
(c) the number of persons in respect of whom the de clarations made under sections 8 and 9 have been 
confirmed is not less than seventy-five percent of the holders of land and heads of families who do no t 
hold land, residing in that village, 
the Chairman shall forward all the declarations with the connected papers and his opinion whether the village is 
to be declared a Gramdan village or not, to the Collector of the district in which the village is situate, and the 
Collector may after making such enquiry as he deems, fit, by notification in the prescribed manner declare that 
village to be a Gramdan village with effect from the date specified in such notification.  
(2) If the Collector refuses to declare the village to be a Gramdan village, the Chainnan may make a 
representation to the State Government for declaration of such village to be a Gramdan village, and the State 
Government may, after satisfying itself that the conditions laid down in sub-section (1) have been substantially 
fulfilled, direct the Collector to declare such village to be a Gramdan village, and in case the State Government 
is not satisfied as aforesaid, it may issue an order refusing to declare the village as Gramdan village and the 
provisions contained in sub-section (4) shall become operative only on issue of a specific order of the Collector 
or the State Government refusing to declare a village as Gramdan village.  
(3) A copy of every notification under sub-section (1) shall be displayed in a prominent place in the village and 
shall also be affixed on the notice board in the office of the Tehsildar, Sub- Divisional Officer and the Collector 
within whose jurisdiction the village is situate and the substance of every such notification shall also be 
published in the prescribed manner.  
(4) Where a village is not declared a Gramdan village, every declaration under section 8 or section 9, shall, 
notwithstanding that it had been confirmed, cease to have effect.  
12. Prohibition against transfer of lands.  - (1) No person shall transfer any land in respect of which a 
declaration has been filed, until an order refusing to confirm the declaration under section 10 has become final 
or an order under section 11 declaring the village in which the land is situate as not qualified to be a Cramdan 
village is made, whichever is earlier.  
(2) Any transfer of land made in contravention of the provisions of sub-section (1) shall be void.  
CHAPTER IV 
Constitution and working of Gram Sabha 
13. Constitution of Gram Sabha.  - (1) With effect from the date specified in the notification issued under sub-
section (1) of section 11 declaring a village to be a Gramdan Village, all persons whose names are included in 
the register referred to in section 14 shall be deemed to constitute a Gram Sabha for the Gramdan village and 
the Gram Sabha 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.  
(2) Every Gram Sabha so established shall be body corporate by the name of "Gram Sabha 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.  
14. Register of members.  - (1) The electoral roll of the Rajasthan Legislative Assembly prepared under the 
provisions of the Representation of the People Act, 1950, for such part of the constituency of the Assembly as 
is included in the Gramdan village shall be deemed to be the register of members of the Gram Sabha for such 
Gramdan village, till a register is prepared in accordance with sub-section(2). The register shall also include 
names of the persons who have donated their lands by way of Gramdan but who are not residing in the 
Gramdan village.  
(2) Within three months of the formation of the Executive Committee under section 15, the register mentioned 
in sub-section (1) shall be revised by the Executive Committee and brought up- to-date and thereafter it shall 
be revised in every subsequent year in the prescribed manner;  
Provided that if for any reason the register is not so revised, the validity or continued operation of the register 
shall not thereby be affected.  
(3) The Executive Committee, on application made to it for the correction of an existing entry in the register, 
shall, if it is satisfied after such enquiry as it thinks fit, that the entry relates to the applicant and is erroneous or 
defective in any particular, amend the entry accordingly.  
(4) Any person whose name is not included in the aforesaid register may apply to the Executive Committee for 
the inclusion of his name in the register, and the Executive Committee shall, if satisfied that the applicant is 
entitled to be registered, include his name therein.  
(5) Every person whose name is in the register of members shall be qualified to vote at a meeting of the Gram 
Sabha, provided he is not deemed to be of unsound mind by the Gram Sabha.  
(6) The register of members shall be conclusive evidence for determining under this section whether any 
person is qualified or is not qualified to vote at any meeting of the Gram Sabha.  
15. Executive Committee and President of Gram Sabha.  - (1) Every Gram Sabha shall constitute an 
Executive Committee of its own, consisting of such number of members, not being less than five as the Gram 
Sabha may determine.  
(2) The members of the Executive Committee shall be elected by the members of the Gram Sabha from 
amongst themselves in the prescribed manner.  
(3) The Executive Committee shall elect from amongst its members, a President to be known as the President 
of the Gram Sabha, who shall exercise such powers and discharge such duties as may be prescribed.  
(4) The Executive Committee shall perform such functions, discharge such duties and exercise such powers as 
may be prescribed.  
16. Other Committees.  - (1) Subject to such control and restrictions as may be prescribed by regulations, a 
Gram Sabha may constitute- 
(a) other standing committees for exercising such o f the powers and discharging such of the duties and  
functions of the Gram Sabha as may be prescribed by regulations; 
(b) ad-hoc committees for inquiring into or reporti ng and advising on any matter which the Gram Sabha 
may refer to them. 
(2) The Committees referred to in sub section (1) shall be constituted in the manner prescribed by regulations 
and may be dissolved or reconstituted for such reasons and in such manner as may be prescribed by 
regulations.  
17. Officers and servants of Gram Sabha.  - A Gram Sabha may appoint- 
(a) a Secretary who shall exercise such powers and perform such duties as may be prescribed by 
regulations or as may be delegated to him by the President; 
(b) such other officers and servants as may be necessary for the efficient performance of its functions. 
18. Removal of President, Officers and servants.  - (1) The President of a Gram Sabha shall be removable 
from office for such reasons, in such circumstances and in such manner, as may be prescribed.  
(2) The Secretary or any other officer or servant of a Gram Sabha may be removed from service by the Gram 
Sabha for such reasons, in such circumstances and in such manner, as may be prescribed by regulations. 
19. Conduct of business of Gram Sabha.  - Subject to the provisions of the rules, if any, made in this behalf, 
the business of a Gram Sabha and 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 Sabha shall be on 
the basis of unanimity or near unanimity, that is, a majority of not less than ninety per cent of the members 
present at the meeting.  
CHAPTER V 
Powers and functions of Gram Sabha. 
20. Vesting of donated funds in Gram Sabha.  - Notwithstanding anything to the contrary contained in any 
other law for the time being in force, with effect from the date on which a Gram Sabha is constituted for a 
Gramdan village- 
(a) all rights, title and interest of persons, whos e declarations have been confirmed under section 10 , in or 
over the lands covered by such declarations, shall,  save as otherwise provided in this Act, cease and 
shall stand transferred to, and vest in, the Gram S abha, but subject to any rights, encumbrances or 
equities lawfully subsisting in favour of any other persons; 
(b) the Gram Sabha shall be entitled to receive the contributions referred to in sections 8 and 9; 
(c) the Gram Sabha shall be liable for- 
(i) the payment of land revenue, rent, cesses, rule s and taxes in respect of the lands vested in the 
Gram Sabha which would have been payable by the don ors, 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 r espect of any land vested in the Gram Sabha, 
prior to the date of filing of the declaration in respect thereof under section 8; 
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 Sabha is so liable, it 
shall be competent for the Gram Sabha to recover the amount, either before or after such payment or 
discharge, from the holder who donated the land by way of Gramdan as if it were an amount due to the Gram 
Sabha:  
Provided further that, where in any case it appears to the Gram Sabha 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 Sabha may, after giving the 
person to whom the land would belong but for the Gramdan, an opportunity of being heard, rescind, by order, 
the donation way of Gramdan, and thereupon all rights, title and interest in or over those lands shall revert to 
such person and all liabilities of the Gram Sabha in respect of those lands, except the liabilities, if any, that 
arose during the period of property remained vested in the Gram Sabha, shall cease, and the declaration filed 
under section 8 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 villag e and 
in respect of which a donation by way of Gramdan has been made under section 8, or section 22 or has 
not been made, shall be payable to the Gram Sabha 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 such manner as may be prescribed.  
21. Vesting in Gram Sabha of lands vested in Bhoodan Board.  - Any land in the Gramdan village which 
vested in the Bhoodan Board by way of donation before the constitution of the Gram Sabha for such Gramdan 
village shall stand transferred to, and vest in the Gram Sabha with effect from the date of the constitution of the 
Gram Sabha. Any land in the Gramdan village which vests in the Bhoodan Board by way of donation after the 
date aforesaid shall also stand transferred to, and vest in, the Gram Sabha with effect from the date on which it 
vested in the Bhoodan Board.  
22. Donations made after the declaration of Gramdan village.  - (1) Any adult person, 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 8, 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 Chairman without the approval 
of the Gram Sabha.  
(2) With effect from the date on which the declaration referred to in sub-section (1) is confirmed, all rights, title 
and interest of any person whose declaration is so confirmed in or over lands covered by such declaration, 
shall, save as otherwise provided by this Act. cease and shall stand transferred to, and vest in, the Gram 
Sabha constituted 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 10.  
(3) Any adult person residing in a Gramdan village who has not made a donation by way of Gramdan under 
section 8 or sub-section (1) of this section, may join the Gramdan community in such manner as may be 
determined by the Gramdan Board and subject to the same conditions as are provided in sub-section (1) of 
section 9, and thereupon the provisions of this Act, as far as may be, apply as if such declaration were made 
under sub-section (1) of section 9.  
23. Power of grantee of land to donate land to Gram Sabha.  - (1) Notwithstanding anything contained in the 
Rajasthan Bhoodan Yagna Act. 1954 (Rajasthan Act 16 of 1954), any person who is or who has been granted 
land by the Bhoodan Board may, if such land is situated in a Gramdan village donate it by way of Gramdan in 
the same manner and subject to the same conditions as are provided in the case of donation under section 8, 
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 donations were made under that section.  
(2) With effect from the date on which the declaration referred to in sub-section (1) is continued, all rights, title 
and interest of such person in or over such land shall, save as otherwise provided by this Act, cease, and shall 
stand transferred to, and vest in, the Gram Sabha.  
24. Power to purchase land.  - The Gram Sabha shall have the power to purchase land for the benefit of the 
village community.  
25. Land pool.  - All lands vesting in the Gram Sabha under sections 20, 23 and purchased by it under section 
24 shall constitute a land pool.  
26. Allotment of land.  - (1) Out of the land in the land pool, the Gram Sabha shall allot 19/20th portion of the 
lands donated to the donors thereof, as specified in the declarations made under section 8, unless such-donors 
have signified their consent to accept a lesser portion of the land for their personal cultivation.  
(2) The Gram Sabha may, allot more than 19/20th portion of the lands donated with or without payment of the 
price thereof, if the Gram Sabha considers it fit so to do.  
(3) The Gram Sabha may, in accordance with the regulations made in that behalf, allot any land forming part of 
the land pool, to any landless person or group of landless persons preferably to a co-operative farming society 
of such landless persons registered or deemed to be registered under the Rajasthan Co-operative Societies 
Act, 1965 (Rajasthan Act 13 of 1965), for personal cultivation.  
[(4) x x x]  
[(4)] Any person aggrieved by any allotment under this section may make an application to the Gram Sabha to 
that effect: and the Gram Sabha shall on receipt of such application, refer the matter for decision to the 
Gramdan Board.  
[(5)] The decision of the Gramdan Board shall be final and binding on the parties.  
27. Rights of Gramdan Kisan.  - A person who has been granted land under section 26 shall hold it as 
Gramdan Kisan on the following terms and conditions, namely:- 
(a) the interest of the Gramdan Kisan in such land shall be heritable in accordance with the provision s of 
section 40 of the Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1955): 
(b) the Gramdan Kisan shall not transfer his intere st in the land, without the previous approval in wr iting of 
the Gram Sabha and except- 
(i) to a person who has joined the Gramdan Communit y in respect of the village in which the land is 
situate on the terms and conditions agreed upon between them: 
Provided that a Gramdan Kisan belonging to scheduled caste, or scheduled tribe shall not transfer his interest 
in land to any other person who joined the Gramdan Community except the one who is also a member of the 
scheduled caste or scheduled tribe;  
(ii) to the Gram Sabha; or 
(iii) to a co-operative society or any institution approved by the State Government in this behalf or to 
the Government, by way of simple mortgage for secur ing payment of any money borrowed from 
such society, institution or Government: 
(c) the Gramdan Kisan shall pay to the Gram Sabha a n amount equal to the land revenue, rent, cesses, 
rates and other taxes payable, if any, in respect o f the land, before such date or dates as may be 
prescribed by regulations; 
(d) the Gramdan Kisan shall annually contribute to the Gram Nidhi one-fortieth of his annual agricultu ral 
produce or such other share as the Gram Sabha may determine in this behalf; 
[(dd) land allotted by the Gram Sabha shall be cultivated personally by the Gramdan Kisan or by a member 
of his family.] 
(e) the Gramdan Kisan shall not allow the land to remain uncultivated for a period exceeding two years. 
(f) subject to the provisions of section 28, the Gr amdan Kisan shall be entitled to remain in possessi on of 
such land, and the Gram Sabha shall not disturb his possession, of the land, except with his consent; 
(g) in the case of land subject to any lease subsis ting 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 pend ing 
termination of the lease, he shall also have the right to recover the rent payable by the lessee in respect 
of such land; 
(h) in the case of land and subject to a mortgage w ith possession immediately before it was donated, t he 
Gramdan Kisan shall have the right to obtain posses sion thereof after the redemption of the mortgage 
by the Gram Sabha if he pays to the Gram Sabha the amount paid for the purpose of redeeming the 
mortgage together with all expenses connected therewith. 
28. Power of Gram Sabha to cancel allotment.  - (1) Where any Gramdan Kisan- 
(a) transfers his interest in the land in contravention of the provisions of clause (b) of section 27, or 
(b) fails to pay to the Gram Sabha any dues in respect of the land allotted to him, or 
[(bb) contravenes the provisions of clause (dd) of section 27, or] 
(c) fails to cultivate the land for two consecutive years, 
the Gram Sabha may, after giving the Gramdan Kisan an opportunity of being heard, take over the 
management of his land for such period and on such terms and conditions as it thinks fit, and in case the 
Gramdan Kisan does not comply with the order the Gram Sabha for handing over management to it, the Gram 
Sabha may cancel the allotment and pass an order for his eviction.  
(2) If, in compliance with the order of eviction, the Gramdan Kisan does not hand over possession of the land to 
the Gram Sabha, the Gram Sabha may send a copy of the order to the Tehsildar for execution, and the 
Tehsildar shall execute the same in the manner provided in section 185 of the Rajasthan Tenancy Act, 1955 
(Rajasthan Act 3 of 1955).  
29. Power of Gram Sabha to grant lease. - Notwithstanding any thing to the contrary' contained in any law for 
the time being in force but subject to the provisions of this Act, the Gram Sabha shall have the power to lease 
any land forming part of the land pool, if the same has not been allotted to any person as herein before 
provided, on such terms and conditions as it thinks fit, and the lessee shall not have, and shall not be entitled to 
claim any rights in relation to such land except as are provided under the terms of the lease.  
30. Vesting of Common lands in Gram Sabha.  - (1) Where the whole of a village entered as such in the 
revenue records has been declared as a Gramdan village, all common lands in such village shall, with effect 
from the date of the constitution of the Gram Sabha therefor, vest in such Gram Sabha, subject to the rights 
therein, if any, of the residents of the other neighbouring villages.  
(2) Where a part of a village entered as such in the revenue records is declared as a Gramdan village, the 
State Government may from time to time, by notification in the Official Gazette vest in the Gram Sabha such 
common lands in such villages as may be specified in the notification.  
31. Vesting of management of other unoccupied lands of the State Government in Gram Sabha.  - (1) 
Subject to any general or special order of the State Government where the whole of a village entered as such 
in the revenue records has been declared as a Gramdan village, the management of the unoccupied land of 
the State Government in the said village shall vest in the Gram Sabha and the Gram Sabha shall have the 
power to improve such land without obtaining any permission from any authority, and shall further have the 
power to get the same cultivated or otherwise utilised for agricultural purposes in any manner it thinks fit either 
by itself or by granting lease of the whole or any part thereof to any person on such terms and conditions as it 
thinks fit.  
(2) Nothing contained in sub-section (1) shall be construed as conferring any power on the Gram Sabha to 
transfer by way of sale, gift, mortgage or exchange any such land or to lease it for a longer period then 
prescribed or to utilise it without the previous permission of the Collector for non-agricultural purposes or in any 
way to cause damage to it so as to diminish permanently its value.  
(3) The Gram Sabha shall be liable to pay the rent, cesses or any other taxes to the State Government on any 
land of the State Government cultivated or utilised as aforesaid or fixed in accordance with the provisions of 
any law.  
32. Divesting Gram Sabha of management of lands vested under section 31.  - Notwithstanding anything 
contained in sub-section (1) of section 31, the State Government may at any time, if it considers necessary, 
divest the Gram Sabha of the management of the whole or any part of the lands mentioned in the said sub- 
section, by notification in the Official Gazette, and thereafter all rights of the Gram Sabha in such lands shall 
cease.  
33. Other powers and functions of Gram Sabha.  - (1) Subject to the provisions of this Act, the Gram Sabha 
shall undertake all 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 Sabha may,- 
(a) set apart lands for community purposes; 
(b) carry out improvements to land; 
(c) carry out measures for the improvement of the m ethods of cultivation and the reclamation of waste 
lands; 
(d) consolidate the lands in the Gramdan village by exchange of land or otherwise; 
(e) prepare and maintain village records, including  a register giving detail of the lands in the posse ssion of 
persons under the Gram Sabha; 
(f) undertake any agricultural or non-agricultural enterprise in the interest of the residents of the Gramdan 
village; 
(g) grant loans to the members of the Gram Sabha for any purpose, whether agricultural or otherwise; 
(h) extend such help as it considers feasible to pe rson suffering from old age, disability, or infirmi ty or to 
orphans of the village; 
(i) raise a peace force or "shanti dal" for the mai ntenance of peace in the village or in the contiguo us 
locality; 
(j) prepare and implement schemes for self sufficie ncy in food and other necessities of life in the vi llage or 
in the contiguous locality and to secure for that p urpose the co-operation and assistance of the 
Government or other agencies; 
(k) prepare and implement schemes for the overall d evelopment of the village industries, including Kha di. 
Cattle Breeding, etc. 
(l) take steps for the removal of unemployment in the village; 
(m) raise voluntary contributions from the village for community purposes; 
(n) maintain the accounts of the Gram Nidhi; 
(o) prepare and implement schemes for housing, educ ation and medical relief for the village community 
under its charge; 
(p) encourage conciliation in respect of private debts of its members; and 
(q) perform such other functions as it may be autho rised by the State Government by notification in th e 
Official Gazette to perform. 
[CHAPTER VI 
Gram Nidhi 
34. Gram Nidhi.  - (1) There shall be in each Gramdan Village a fund, which shall be called the Gram Nidhi.  
(2) The following shall be paid into, and form part, of the Gram Nidhi namely:- 
(a) all sums and moneys received by the Gram Sabha including the profits of any cultivation or any 
enterprise undertaken by it: and the rent, fee or o ther charges charged or imposed on persons to whom 
lands are leased under this Act; 
(b) all sums received by way of loans from any person, institution or Government; 
(c) all sums received by way of grants, donations, gifts, bequests or contributions. 
35. Power to borrow.  - (1) Subject to rules made in this behalf, a Gram Sabha may raise money for carrying 
out the purposes for which it is established on the security of the Gram Nidhi or any property vested in, or 
belonging to it.  
(2) A Gram Sabha may, for any of such purposes, also obtain a loan from any person, institution or 
Government.  
36. Application of Gram Nidhi.  - Subject to the provisions of this Act, Gram Nidhi shall be applied by the 
Gram Sabha only for the purposes of this Act. The Gram Nidhi shall be kept in such custody as may be 
prescribed.  
37. Accounts and audit.  - The manner in which payment from the Gram Nidhi shall be made, and the 
accounts shall be kept, audited or re-audited, shall be regulated in accordance with regulations made in this 
behalf.  
CHAPTER VI-A 
Opting out of Gramdan Community 
37A. Declaration to opt out of Gramdan Community.  - (1) Any Gramdan Kisan, not being a minor, including 
those filing declarations under section 8 or 9 or those donating land under section 22 or 23 or those joining the 
Gramdan community under sub-section (3) of section 22 (hereinafter in this chapter all referred to as the 
eligible persons) may, on or after the expiry of a period of three years from the date of the notification under 
sub-section (1) of section 11, file a declaration in the prescribed form before the Collector of the District in 
which his Gramdan village is situate that he has decided to opt out of the Gramdan Community and request 
that his Gramdan village may be excluded from the purview of the provisions of this Act.  
(2) A declaration under sub-section (1) shall not be valid unless it is made- 
(a) in the case of land held by two or more persons  as co-Gram-dan Kisans, by all such persons jointly ; 
and 
(b) in the case of land under mortgage, by the mortgagor and the mortgagee jointly. 
(3) A declaration under sub-section (1) may be made either individually or jointly.  
(4) Where in a Gramdan village, more than 50% of eligible persons file declarations under sub-section (1), the 
Collector shall forward the declarations to the Sub-Divisional Officer having jurisdiction over the village for 
verification, inquiry and report.  
(5) The Sub-Divisional Officer shall, on receipt of the declarations from the Collector, convene a meeting of all 
eligible persons, at the Gramdan village itself, by causing individual notices to be served on each of them as 
have filed declarations under sub-section (1) and also by getting a public notice proclaimed by beat of drum in 
the village and by affixing a copy of public notice at some conspicuous part of the village about the date, venue 
and time of the meeting. The Sub-Divisional Officer or, where the Chainnan of the Gramdan Board, after due 
intimation of the inquiry to him by the said officer, intends to be associated with the process of inquiry, the Sub-
Divisional Officer duly associated by the nominee of such Chainnan shall verily and ascertain by making such 
enquiry as he deems fit whether more than 50% of the eligible persons of the Gramdan village affirm having 
made declarations under the said sub-section. The Sub-Divisional Officer shall after inquiry, forward the copy of 
the minutes of the meeting together with his report and recommendations to the Collector.  
(6) Where on receipt of the report of the Sub-Divisional Officer, the Collector is satisfied from the report and 
recommendations of the Sub-Divisional Officer that more than 50% of eligible persons of a Gramdan village 
have decided to opt out of the Gramdan Community and have requested for being excluded from the purview 
of the provisions of this Act, he may after consulting the Chainnan of the Gramdan Board, by notification in the 
Official Gazette, make a declaration that the Gramdan village in respect of which the declarations under sub-
section (1) have been made, shall cease to be Gramdan village and the Gramdan Kisans of that village shall 
cease to be governed by the provisions of this Act. 
(7) The Collector shall also simultaneously send copies of the declaration to the State Government, Chainnan 
of the Gramdan Board, President of the concerned Gram Sabha, Sub-Divisional Officer and the Tehsildar 
concerned.  
(8) The Collector shall further send his recommendations to the State Government indicating the name of the 
Gram Panchayat in which the area of Gramdan village in respect of which declaration has been made by him 
under sub-section (6) should be included and the State Government shall act in this matter in accordance with 
the provisions contained in the Rajasthan Panchayat Act, 1953 (Rajasthan Act 21 of 1953).  
37B. Consequences of declaration.  - With effect from the publication of the declaration under sub-section (6) 
of section 37-A by the Collector in the Official Gazette, the following consequences shall ensue, namely:- 
(a) the Gramdan village in respect of which the declaration has been made shall cease to be such village; 
(b) the Gram Sabha of such Gramdan village, its exe cutive committee and other committees shall stand 
dissolved; 
(c) the land held by a Gramdan Kisan as a result of  allotment made to him or to his predecessor-in-tit le by 
the Gram Sabha under section 26 shall thereafter co ntinue to be held by the donors thereof or their 
legal representatives, as the case may be, and they  shall hold the land under the same rights and 
interest as they or their predecessor-in-interest h ad in it when the land had been donated by way of 
Gramdan under section 8: 
(d) if out of any land donated as contribution by a  holder of land under second proviso to section 8 a nd 
which formed part of land pool under section 25 any  portion of land was subsequently allotted by the 
Gram Sabha to any landless person or group of landl ess persons under sub-section (3) of section 26, 
the same shall continue to remain with the allottee s or their legal representatives, as the case may b e, 
and they shall be deemed to be gair-khatedar tenant s of these lands from the date the same were 
allotted to them and they will be entitled to becom e khatedar tenants in accordance with the provision s 
of any law or rules for the time being in force: 
(e) so much of such contributed land as aforesaid w hich remained with the Gram Sabha in its land pool 
and was not allotted by it under sub-section (3) of  section 26 immediately before the commencement of 
the Rajasthan Gramdan (Amendment) Act, 1984 shall v est in the State Government and the State 
Government shall utilise such land for such purpose and in such manner as may be prescribed: 
(f) the Tehsildar having jurisdiction shall cause t he relevant revenue records to be amended in the 
prescribed manner. 
37C. Assets and Liabilities.  - (1) Upon the publication of the declaration under sub-section (6) of section 37A 
by the Collector all the assets and liabilities of the Gram Sabha shall vest in the State Government and all dues 
payable or receivable by the Gram Sabha will be deemed to be payable to or receivable by the State 
Government.  
(2) All dues payable to the Gram Sabha before such declaration will be recoverable by the State Government 
as arrears of land revenue.  
(3) For purposes of ensuring that all the assets and liabilities, as well as dues payable to or receivable by the 
Gram Sabha are properly accounted for and all the assets and relevant documents are fully transferred to the 
State Government by the Gram Sabha, the Sub-Divisional Officer having jurisdiction over the village shall act 
as liquidator.  
(4) The President of Gram Sabha and members of executive committee and other committees shall forthwith 
hand over charge in the prescribed manner of his or their office including all papers, documents and properties 
pertaining to the Gram Sabha in his or their actual possession or occupation to the liquidator.  
(5) If any person fails or refuses to hand over charge of office including the papers, documents and properties 
as required under sub-section (4), the liquidator shall, by order in writing, direct the person so failing or refusing 
to hand over such charge to the liquidator or to the person authorised by him.  
(6) If the person to whom a direction has been issued under subsection (5) fails to comply with the directions, 
he shall, on conviction, be punishable with imprisonment for a term not exceeding one year or with fine not 
exceeding one thousand rupees or with both.  
(7) The liquidator may, without prejudice to any action that has been or may be taken under sub-section (5) or 
sub-section (6), for that purpose, invoke in the prescribed manner the assistance of the police or the nearest 
Magistrate having jurisdiction.  
(8) The liabilities of the defunct Gram Sabha shall first be discharged by the liquidator by the sale of land which 
had remained in the land pool of Gram Sabha and which was not allotted by it.  
(9) If all land of Gram Sabha pool has been allotted by the defunct Gram Sabha or if such land is not sufficient 
to discharge the liabilities, the pay and allowances of staff of such Gram Sabha shall be paid by charging 
ratable contribution from the Gramdan Kisan who have opted out from the Gramdan Community under the 
provisions of this Chapter.  
(10) Liabilities incurred by individual Gramdan Kisans or other individual residents of the village prior to the 
issue of declaration by the Collector under sub-section (6) of section 37A shall continue to be their liability and 
shall be charged on the land held by them.  
37D. Appeal and Revision.  - (1) Any person aggrieved by an order of the liquidator may file an appeal within 
thirty days of the communication of the order to him to the Collector of the district having jurisdiction an

Excerpt shown. Open the full act in Lexace.

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