LexThe West Bengal Gramdan Act, 1964
West Bengal · state statute
Open in Lexace · Ask the AI about this actWest Bengal Act XXVII of 1964
THE WEST BENGAL GRAMDAN ACT, 1064.
[Passed by the West Bengal Legislature.]
[Assent of the President was first published in the Calcutta Gazette. Extra-
ordinary. of the 4th January, 1965.]
[4th January, 1965.]
'An Act to provide for the establishment of gramdan
villages and for matters ancillary thereto.
WHEREAS it is expedient to provide for the establishment
of gramdan villages in pursuance of the Bhudan Yagna
movement as initiated by Acharya Vinoba Bhave and matters
ancillary thereto;
It is hereby enacted in the Fifteenth Year of the
Republic of India, by the Legislature of West Bengal, as
follows:—
CHAPTER I.
Preliminary.
1. (1) This Act may be called the West Bengal Gramdan Short
Ad, 1964. title,
extent
(2) It extends to the whole of West Bengal. and
comment**
meat.
(3) It shall come into force at once.
2. (1) In this Act, unless the context otherwise Definition'
requires,—
(a) "adult" means a person who has completed twenty-
one years of age;
(b) "allottee" means a person to whom land has been
allotted for cultivation by a Gram Parishad under
section 17;
(o) "bargadar" means a person who under the system
generally known as adhi, barga or bhag
cultivates the land of another person on
condition of delivering a share of the produce of
ouch land to that person;
(d) "common land" in a village means waste land owned
by the State Government and includes land used
or reserved for use for the common purposes of
the village;
"donor" means a person who has donated land by
way of graandan under section 4 or section 7;
(f) "family" means a set of persons of near relation-
ship ,to one another living together in commen-
sality and includes the dependants of such persons
living with them;
(e)
2 The West Bengal Gramdan. dot, 1964.
(Chapter 1.--iPreliminary.)
[West Ben. Act
(g) "gramdan" means a donation of land situated in a
village which is made voluntarily for the
purposes of this Act;
ih) "gramdan village" means a village or a part of a
village declared to -be a gramdan village under
section 5;
(i) "Gram Panohavat" means a Gram Panchayat
constituted under the West Bengal Panchayat West Ben.
Act, 1957; Aot I of 1957.
(j) "Gram Parishad" means a Gram Parishad estab-
lished under section 8;
(k) "head of family" means the senior male member of
a family who manages its affairs;
(Z) "land" does not include homestead land;
(m) "landless persons" includes a person owning land
not exceeding such limit as may be determined
by the Gram Pariahad of the gramdan village
coneerned;
(n) "owner" means—
(i) in relation to land held by a tenant with perma-
nent or alienable interest in the land, the
tenant; .
(ii) in relation to land held under a grant, lease or
assignment from the State Government, the holder ; and
(iii) in relation to any other land, the person to whom
the land belongs;
(o) "prescribed" means prescribed by rules made under
this Act ;
(p) "prescribed authority" means an authority
appointed by the State Government, by noti-
fication in the Offkcial Gazette, for all or any of
the purposes of this Act ;
(q) "regulations" means regulations made by a Gram
Parishad under this Act;
(r) "village" means an area defined, surveyed and
recorded as a distinct and separate village in the
revenue records of the district in which it is
situate.
(2) The expression signifying 'residing' in a village or
a part of a village means residing ordinarily in such
village or such part, and the expression 'resident' shall be
construed accordingly.
The West Bengal Gramdan. Aet, 1964. 3
XXVII of 11104.1
(Chapter 1.—Prelimnary.—Seetion 3.—Chapter 11.—The
Gramdan Village.—Seetion 4.)
3. The provisions of this Act shall have effect notwith-
standing anything to the contrary in any other law for the
time beim in force.
CHAPTER II.
The Gramdan Village.
4. (1) If any owner of land, not being a minor, desires
to donate by way of graradan all his lands in a village, he
may file a declaration in the prescribed form before the
prescribed authority.
(2) A declaration under sub-section (1) shall not be valid
unless it is made
(a) in the case of land subject to mortgage, by the
mortgagor and the mortgagee jointly ; and
(b) in the case of land held under a grant, lease or
assignment from the State Government not con-
ferring permanent or alienable interest, with the
previous approval of the State Government.
(3) Every declaration under sub-section (1) shall be
published in such manner as may be prescribed together
with a notice in the prescribed form requiring all persons
interested in the land, in respect of which the declaration has
been made, to submit their objections, if any, in writing to
the prescribed authority within forty-five days of
the publication of the declaration.
(4) On the expiry of the period specified in sub-section
(3), the prescribed authority may, after considering the
objections, if any, and after making such further enquiries
as it may think fit, by order, either confirm the declaration
or refuse to confirm it.
(5) Any person aggrieved by an order of the prescribed
authority under sub-section (4) may file an appeal from such
order to the appellate authority prescribed in this behalf
within sixty days from the date of the order,
and subject to the decision of the appeal the order
of the prescribed authority shall be final.
(6') A declaration which the prescribed authority has, by
order, refused to confirm under sub-section (4) shall be of
no force or effect.
(7) Where any land has been donated by way of gramdan
before the commencement of this Act, any person may file
a statement in the prescribed form before the prescribed
authority giving particulars in respect of such land, and
thereupon, the provisions of sub-sections (3), (4), (5) and (6)
shalt, so far as may be, apply to such statement.
(8) No owner of land who has filed a declaration in
respect of his land under sub-section (1) shall be competent
to transfer, or create any encumbrance on, the land unless
A.st to overrlde other laws.
Donation of land by way of gramdan.
E'ioct , of .
(1,-ylo.rat
t ufndan
village.
4 The Wcst Ben gni G-ramdan Act 1964.
[West Ben. Ac
ph r if ,-- 7' he Indan Vilta9e.---Sections 6)
tinder 31.1.1)-:.:(C601.1 refusing to
vonii t'i-Ittalion, or an order under sub-section
(:1) the village in which the land is
noi qualified to be a g ram(' an village, has
been ol:1 d I.,wJtiHoer k earlier. Any transfer /made or
ellen Ill hrn lice created in contravention of this sub.seetion,
'ha1 hi' -void and inoperative.
If I Iii tp 1' r (
I inuriA in its..}.eet .i.:. Iii it ill'Clarti-
linOor ,c ,'Llt.,n 4 have , eenfirrited 11
i uall 1,1
r t ilk- fotiti art!a.pc - -
of LItit',, In ..tt..lt Village or sueb part owittql by the
re-,idelit.,.. , therr-of
nu to her o; itirtm.,, who my
thei a Ut t it..to. 'under
:,t,,•1 inn 1 ha \ e !teen confirmed is i1 ,1- 'than
. a , ,tv, it otf htn. kd. 1...,....idi t o iiiiit v."11 7.iit'( t....!tl:
,eventiv-iive ..,i•r t'utt. , of. 11“, to
I t....it i.t t
,..-.) not .14':f- ( littai:y- f. au , inalLt ...)1: per ,..,..!..n.
in k-... rf ‘,. ILA ,,H`lt village .-,tielt part ha Ve
-1.!;( ...1 Mi h. r.'o'IIhP(l It OM nll (I outliner to
p;Irricipitte in a. enfolnunity based it grant (tan ;
1 autl,erily tIIt\. atter taiikinp: UP inquiry III
te,
lit it ht, ..t.....1.1hed, l.,,. not ,oil III the
, dei-Itti., itcli vil.ktgo of stit•h p-ort, in he a
t, t t.! ,•1 roil: the I.e o••t•i lied in. stitdi
1'yin:we ;W:tii dv:•1:17.e11 10
tit) 10-s the nitmher
I here: ii ii one huntived Iii 01.0.
411a ti1 !tip aii,qk under f*:11b-;-isri Mt( f ' 1') Shall he
d t s,". plaee itt the village and .111 conspi-
caw( Ha, it) the oiliecs III the Collecior ill the tiktrict and
• .! In] i-iontt; I ;Ili it' I 01 1ht, 1,V) thin w 1 -rich th e
vffi: .1%inl et. Nod the sol) ,..;tanco t.if evt'ry suth notilioa-
i ion ,11:01 1 t
owniioned LI; are not
:way he presc.ribt,d, the
111111.r:12, may &clan) in the manner prescribed
iii.' aarl a the. viLlage. a ,; the eas- may
no; qualf iii he i gramdan vii1ae. anti thereupon
d. - 'Jnrii.i4t1) 1111(le r F...c, tion 4 shall, notwithstanding that
f'IMfirlited under roth-sectiott (4) of that; eeetion„
to have orfert.
6. With efieei -Fr(lm tLi, dale front P hich
q- a p ar t o f n v ilL g e det.larod to be a gronittav village by
w rtifieHi orL u nld e r suh-s4.1ction (.1) e.f Sectiorl b-
11,{11)..t•f
The West Bengal Gramdan Act, 1964. 6
Xxvii of 19114.]
(Chapter ,11.—The Gramdan Village.—Section 7.—Charter
111.—The Grain Parishad.—Section 8.)
(a) all, rights, title and interests of persons whose
declarations have been confirmed under section 4
in respect of the lands covered by such declara-
tions shall stand transferred to and vest in the
Gram Parishad established for the gramdan
village;
(b) the Gra4n, Parishad shall be liable to pay the land
revenue or rent and other ceases and rates in
respect of the lands vesting in the Gram Parishad
falling due on, before or after the date of such
vesting and shall, also be liable for any mortgage
subsisting in respect of such lands on the date of
such vesting:
Provided, however, that the Gram Parishad shall be
entitled to recover, in such instalments as it may
fix, all amounts paid by it on account of any
mortgage existing on such lands from the persons
who donated such lands.
(2) The State Government may from time to time, by
notification in the Official Gazette, transfer to the Gram
Parishad for management, such common lands in the village
as may be specified in the notification on such terms and
conditions as may be specified therein. The State Govern-
ment may also, in the like manner, cancel such notification
whereupon all the rights of the Gram Parishad over such
common lands shall cease.
7. (1) Any owner of land, not being a minor, holding
land in a gramdan village for which a Gram Parishad has
been established may, by declaration made to the prescribed
authority in the prescribed manner, donate all his
lands in the gramdan village, and upon the declaration
being confirmed in the manner referred to in sub-section (2),
the right, title and interest of the donor in respect of the
lands donated shall be deemed to have been duly transferred
to and shall vest in the Gram Parishad.
(2) The provisions of sub-sections (2), (3), (4), (6) and
(6) of section 4 shall apply to a declaration uncler this
section, as they apply to a declaration under sub-section (1)
of section 4:
Provided 'that no declaration shall be confirmed by the
prescribed authority without the approval of the gram
Parishad.
Donation of land in a gram ie» village.
CHAPTER III.
The Grain Parishad.
8. (1) The State Government shall, by notification in Establiith•
the Official Gazette, establish, with effect from the date men , sad
specified in the notification under sub-section (1) of section 5, LtirurPc'olt
a Gram Parishad for the gramdan village. Gran Periekad.
8 The West Bengal (Iramdan Act, 1964.
Mast But. Act
(Chapter M.—The Gram Parishad.--Sections 9-13.)
(2) The Gram Parishad shall be a body corporate having
perpetual succession and a common seal with power to enter
into contracts and, subject to the provisions of this Act, to
acquire, hold and dispose of property, both movable and
immovable, and shall by its name sue and be sued.
Clonsposi. 8. Every adult residing in the gramdan village shall mon mof a be a member of the Gram Parishad: Gra Parishad. Provided that a retson shall be disqualified for beinbg a member of the Gram Parishad, if he—
(i) is not a citizen of India, or
(ii) has been adjudged by a competent Court to be of
unsound mind.
10. (1) On the establishment of a Gram Parishad the prescribed authority shall cause to be prepared a register in
the prescribed form of all members of .the Gram Parishad.
(2) The register prepared under subseetion. (1) shall be revised and brought up to date at such intervals and in such
manner as may be prescribed.
11. (1) A Gram Parishad shall elect in the prescribed manner a President from among its members.
(2) The President shall perform such functions, exercise
such powers and discharge such duties as may be provided
by regulations.
(3) The term of office of the President shall be three years.
(4) A Gram Parishad may in such circumstances and in
such manner as may be prescribed remove the President fi om
office.
Commit. 12. (1) A Gram Parishad may constitute— Gran tf (a) standing committees for performing such functions
Parishad.
of the Gram Parishad as may be provided by
regulations;
(b) ad hoc committees for inquiring into or reporting
and advising on any matter which the Gram
Parishad may refer to them.
(2) A Gram Parishad may dissolve or recongtitute
committees referred to in sub-section (1) in such cir-
cumstances and in such manner as may be provided by
regulations.
andIleeretery 13. A Gram Parishad may appoint— other oftleers of (a) a Secretary who shall exercise such powers and dis-
Grass charge such duties as may be provided by Perished. regulations or as may be delegated to him by the
President;
(b) such other officers and servants as may be necessary for the due performance of the functions of the
Gram Parishad.
Register of members.
President. of Gram Parishad.
The West Bengal Graindalt Act, 1964. 7
XXVII of 1964.1
(Chapter Ill.—The Gram Parishad.—Sections 14-18.)
14. Notwithstanding anything contained elsewhere in
this Act, a person shall be disqualified for—
(a) being elected President of the Gram Parishad, or
(b) being appointed member of any standing committee or ad hoc committee constituted by the Gram
Parishad, or
(a) being appointed Secretary of the Gram Parishad,
if such person has been convicted by a Court of an offence
which is declared by the State Government to be an offence
involving moral turpitude, unless the State Government
has, on sufficient cause being shown, removed the disquali-
fication by an order made in this behalf.
15. Subject to the provisions of the rules, if any, made
in this behalf, the business of a Gram Parishad, and its
committees shall be conducted in such manner as may be
provided by regulations.
16. (1) A Gram. Parishad shall constitute a land pool
with not less than five per cent. of the total area of lands
vested in it for the benefit of the landless persons residing in
the gramdan village.
(2) A portion of land donated by each donor shall be
treated as his contribution to the land pool.
(3) The Gram Parishad shall determine the extent of
contribution of land by a donor to the land pool and in doing
so shall have regard to the total area of the land. donated by
him.
Disqualifi. ration for
being eleo-
ted Presi-dent or appointed member of
committee or Secreta-
ry-
Condnot of
business.
Lead pool.
17. (1) A Gram Parishad shall allot for cultivation
to each donor all the lands donated by him excluding the
portion of the land contributed to the land pool.
(2) A Gram Parishad may allot from the land pool land
for cultivation to such landless persons residing in the
gramdan village as it thinks fit.
(.3) An allottee under sub-section (I) or sub-section (2)
shall be liable to pay such rent and other charges to the Gram
Parishad as may be fixed by it.
18. An allotment of land in the gramdan village by the ciongitiess
Gram Parishad shall be subject to the following conditions, of
namely allotment of land w) the allottee shall cultivate the land personally or .
through a bargadar who must be a resident of the
gramdan village:
Provided that if the land has been under cultivation
by a hargadar, who is not a resident of the
gramdan village, from before the commence-
ment of this Act, it may continue to be culti-
vated by such bargadar:
Allotaseat of lead.
The West Bengal Gramdan Actt, 1964.
[West Ben. Act
(Chapter In.—The Gram Parishad.—Sections 19-20.)
Provided further that if at the time of the allotment
the land has been under cultivation by a
bargadar, whether he is a resident of the
grandam village or not, his cultivation shall
not be terminated by the allottee except on the
grounds and in th.e manner mentioned in
section 17 of the West Bengal Land Reforms West Ben.
Act, 1956; Act x of 1958.
Explanation.—An allottee shall not be deemed to have
cultivated the land personally unless he or any
member of his family puts in labour on the land
in any process, of cultivation;
(b) the interest of the allottee in the land allotted shall
be heritable in the same manner as other immov-
able property, but no transfer by the allottee of
such interest shall be valid unless made to a
member of the Gram Perished, and with the
consent of the Gram Perished;
(c) the allottee may surrender the land to the Gram
Perished for consideration on such terms and
conditions as may be agreed upon by them.
Power to
eviot
glottal).
Annual
oontrilm-
don to
shad.
19. If any allotee of land contravenes the provisions of
clause (a) of section 18, or fails without sufficient
cause to cultivate the land for two consecutive years,
the Gram Perished may make an application to the
presCribed authority for cancelling the allotment, and the
prescribed authority may, after such inquiry as it deems fit,
cancel the allotment and restore possession of the land to the
Gram Perished after ejecting the allottee or any other person
in possession therefrom.
20. (1) Subject to the provisions of sub-section (2)—
(a) every allottee shall contribute annually to the
Gram Perished one-fortieth part of the produce
of the land allotted to him, if such land is
cultivated by him personally, or one-thirtieth
part of his share of such produce, if such land
is cultivated through a bargadar;
(b) if an allottee who resides in the vandal& village
owns any land outside such village, he shall,
in addition to the contribution referred to in
clause (a), contribute annually to the Gram
Perished one-fiftieth part of the produce of such
land, if such land is cultivated by him personally,
or one-fortieth part of his share of such produce,
if such land is cultivated through a barge ler;
The West Bengal Gramdan Act, 1964. 9
XXVU of 15114.]
(Ch a pt er 111.—The Gram Parishad.--,Section 21.)
if a member of the Gram Parishad, who has made
the declaration referred to in clause (o) of sub-
section (1) of section 5, cultivates as a bargadar
any land in the gramdan village or outside it, he
shall contribute annually to the Gram Parishad
one-thirtieth part of his share of the produce of
such land; and
if a member of the Gram Parishad, who has made the declaration referred to in clause (c) of sub-
section (1) of section 5, is not required to make
any contribution under clause (a), clause (b) or
clause (c), he shall contribute annually to the
Gram Parishad one-thirtieth part of his total
net annual income in such monthly or quarterly
instalments as may be convenient to him,
(2) The Gram Parishad may, if it thinks fit to do so after considering the circumstances of any person
liable to make a contribution under sub-section
(1), reduce the rate or quantum of the contribu-
tion to be made by him to the Gram Parishad.
21. (1) The Gram Parishad shall have power to manage
the lands vested in it and to do all other things incidental
thereto in the interest and for the benefit of the members of
the Gram Parishad.
(2) In particular aid without prejudice to the •generality
of the foregoing power, the Gram Parishad may—
(a) arrange for the proper cultivation of the lands;
(b) set apart lands for the common purposes of the village;
(c) grant loans to the allottees of lands for purposes of
cultivation;
take measures for the improvement of lauds and
reclamation of waste lands including measures for
the improvement of methods of cultivation;
(e) consolidate lands in the gramdan village by exchange
of lands or otherwise;
(f) undertake any agricultural or non-agricultural
enterprise in the interest of the residents of the
gramdan village;
apportion the produce of or income from the lands
between the allottees and the Gram Parishad;
and
(h) perform such other functions as may he authorised
by the State Government by notification in the Official Gazette.
(0)
(d)
(d)
(9)
Powers
and
funotions of the Grant
Parishad.
Power of
Gram
Porithod
to
recover
dues.
Gram
Adalat.
10 The West Bengal Gramdan Act, 1964.
[West BM Ad
(Chapter 11 I.—The Gram Parishad.--Section 22.—Chapter
IV. The Gram Adalat.—Seotions 23, 24.—Chapter
V.—The Gram Nidhi.—Sections 25, 26.)
22. Any sum due to a Gram Parishad shall be recover-able upon requisition by the Gram Parishad as an arrear of land revenue.
CHAPTER IV.
The Gram Adalat.
23. (1) The State Government may establish a Gram
Adalat for a gramdan village consisting of such number of members of the Gram Parishad and in such manner as may be prescribed.
(2) The Gram Adalat shall have power to try and dispose of—
any dispute of a civil nature between residents of the
gramdan village which the parties have, by a written agreement, referred to the Gram Adalat
for decision;
(b) any dispute regarding allotment of land by the Gram
Parishad or the apportionment of produce of land between the Gram Parishad and an allottee.
(3) No other Court shall have jurisdiction to try any
suit in respect of a dispute referred to in clause (a) or clause (b) of sub-section (2).
(4) The procedure to be followed iy the Gram Adalat
and the fees to be levied by it shall be prescribed by rules made under this Act.
Revision. 24. The District Judge having jurisdiction over a
gramdan village may of his own motion, or on the application
of any party, call for the record of a case decided by the Gram
Adalat of the gramdan village, and if it appears to him that
a failure of justice has occurred, he may make such order in the case as he thinks fit.
CHAPTER V.
Gram
Applies.
Sion of
Gros
Nidhi.
The Gram Nidhi.
25. Every Gram Parishad shall have a fund to be gcalled the Gram Nidhi and all moneys received by the Gram
Parishad on any account whatsoever shall be credited to, and
all expenditure incurred by the Gram Parishad shall be paid out of, such fund.
28. Subject to the provisions of this Act, the Gram
Nidhi shall be applied by the Gram Parishad for purposes
of this Act including the maintenance of destitute children
and poor and disabled persons residing in the gramdan
village.
tag)
The West Bengal Gramdan Act, 1964. 11
XXVil of 1994.1
(Chapter V.—The Gram Nidhi.—Sections 27-29.—Chapter
V I.—Miscellaneous—Sections 30, 31.)
27. A Gram Parishad may received grants, donations.
bequests, gifts or loans from the Central or the State Govern-
ment or any local authority or any person for all or any of
the purposes of this Act.
28. Subject to such rules as may be made in this behalf,
the Gram. Parishad shall have power to borrow money on the
security of the Gram Nidhi or any property other than land
belonging to it for any of the purposes for which the Gram
Nidhi may be applied.
Power to receive grants. eta.
Power to
borrow.
29. The accounts of the Gram Nidhi shall be kept and Accounts
audited in such manner as may be prescribed. and audit.
CHAPTER VI.
Miscellaneous.
30. (1) The State Government may, by notification in Power of
the Official Gazette, remit— State Gov.
ernment to
(a) the stamp duty with which, under the law for the remit cer-
time being in force, any declaration of donation rin ses:I: 3i:
under section 4 or section 7 is chargeable;
(b) the stamp duty (other than stamp duties falling
within entry 91 or entry 96 in List I in the
Seventh Schedule to the Constitution) in respect
of any instrument executed by, or on behalf of,
a Gram. Parishad in cases where, but for such
remission, the Gram Parishad would be liable to
pay the stamp duty chargeable under any law for
the time being in force in respect of such instru-
ment; and
any fee payable by a Gram Parishad or any owner
who donates land under section 4 or section 7
under any law for the time being in force for the
registration of documents.
(2) The State Government may by general or special
order in the. case of any Gram Parishad remit any other
duty, tax or fee payable by such Gram Parishad under any
law for the time being in force which the State Government
is competent to remit.
(e)
West Ben. Aot I of 1957.
31. (1) The State Government may, at the request of a
Gram Parishad and after consultation with the Gram
Panchayat having jurisdiction over the gramdan village of
the Gram Parishad concerned, declare, by notification in the
Official Gazette, that the Gram Parishad shall exercise all the
powers and perform all the duties and functions of the Gram
Panchayat under the West Bengal Panchayat Act, 1957, or
exercise such of the powers and perform such of the duties
and functions of the Gram Panchayat as may he specified in
the notification, in relation to the gramdan village.
Gram Paridied may be empowered to act
as Gram Panchayat for the vandals village.
12 The West Bengal Gramdan Act, 1964.
Mut Bo. Aet
(Chapter VI .—Mtiscellaneous.--Section 32.)
(2) Upon the issue of a notification under sub-section (1)
the following consequences shall ensue:—
(a) if all the powers and duties and functions of the
Gram Panchayat are to be exercised and performed
by the Gram Parishad—
(i) the Gram Panchayat which functioned immediately
before the notification shall, in relation to the
gramdan village, cease to function therein;
(zi) the Grain Parishad shall exercise all the powers
and perform all the duties and functions of the
Gram Panchayat in relation to the gramdan
village;
(iii) the provisions of the West Bengal Panchayat Act,
1957, shall, subject to such restrictions and
modifications as the State Government may
specify in the notification, apply to the Gram
Parishad as if it were a Gram Panchayat
constituted under the said Act for the gramdan
village;
(b1 in any other case—
(i) the Grain Panchayat shall cease to exercise the
powers and perform the duties and functions
specified in the notification in relation to the
gramdan village;
(ii) the powers, duties and functions so specified shall be
exercised and performed by the Gram Parishad
in relation to the gramdan village;
(iii) the provisions of the West Bengal Panchayat Act,
1957, shall, subject to restrictions and modifi-
cations specified in the notification, apply to
the Gram Parishad as if it were a Gram
Panchayat constituted under the said Act for
the gramdan village for the specified purposes.
43) Any notification issued under sub-section (1) may
contain such supplemental, incidental and consequential
provisions as the State Government may deem necessary.
West Ban.
Aa6 I
of 1957.
Super-session of Gram
Parishad.
32. (1) If, in the opinion of the State Government, a
Gram Parishad—
(a) is not competent to perform, or persistently makes
default in performing, the duties imposed upon
it by this Act, or
(b) has exceeded or abused the powers conferred upon
it by this Act, or
(c) is not functioning in a manner consistent with the
provisions of this Act or the rules framed
thereunder,
The West Bengal Gra,mdan Adt, 1964. 13
XXVII Of 111041.)
(Chapter V1.—Afliscellaneous.—Section 33.)
the State Government may, after giving the Gram Parishad
an opportunity of being heard, supersede it, by notification
in the Official Gazette, for such period, not exceeding one year at a time, as the State Government may think fit.
(2) Upon supersession of a Gram Parishad under sub-section (1)—
(a) the President and members of all committees
constituted by the Gram, Parishad shall vacate
their office;
( b) r..11 the powers and duties of the Grain Parishad
be exercised and performed by such person
or persons as the State Government may from
time to time appoint in this behalf ;
(r) all properties vest3d in the Gram Parishad and the
Gram Nidhi shall,. during the period of super-session, be vested in the State Government;
(d) the Gram Adalat established for the gramdan
village shall cease to function and all pending
suits and cases- shall stand transferred to courts of competent jurisdiction.
(3) The State Government may, if it considers necessary
so to do, extend or modify the period of supersession specified
in the notification:
Provided that the period of supersession shall not be
extended by more than one year at a time.
(4) On the expiration of the period of supersession as
originally specified or extended, the Gram Parishad shall resume its functions and elect its President and constitute
its committees, and the State Government shall establish
the Gram Adalat in the manner provided in this Act.
(5) The income derived from the gramdan village during
the period of supersession shall be used in defraying the
costs of management and liquidating the liabilities of the
Gram Parishad and the balance, if any, shall be credited to
the Gram Nidhi.
33. (1) The State Government may, after previous
publication, make rules to carry out the purposes of this
Act.
(2) In particular and without prejudice to the generality
of the foregoing power such rules may provide for all or any
of the following matters, namely : —
(a) the form of declarations under this Act and the
documents to be filed along with them;
(b) the authorities before which declarations and
objections under this Act shall be filed;
Power to
make
roles.
14 The West Bengal Gramdan Act, 1964. -
[West Ben. Act
(Chapter VI.—Miscetlaneotss—Seettion 34.)
(c) the manner of inquiries and the hearing and dis-
posal of objections under this Aot;
(d) the manner of preferring appeals, the authorities to
whom they may be preferred and the procedure
for hearing and disposal of such appeals;
(e) the revision of the register of members;
(/) the issue, service and execution of summons , notices and other processes of a Gram Parishad and Gram Adalat;
(g) ithe procedure to be followed by a Gram Adalat for hearing of cases and for execution of decisions and
orders;
(h) the fees to be levied by Gram Ada /at;
(j) the manner in which and conditions under which a
Gram Parishad may borrow money;
(j) the maintenance and auditing of the accounts of the
Gram Nifihi; and
(k) any other matter required to be prescribed or pro-
vided or made by rules.
34. (1) The Gram Parishad may, with the previous
approval of the State Government, make regulations, not
inconsistent with this Act or the rules made thereunder, for
discharging its functions under this Act.
(2) In particular and without prejudice to the generality
of the foregoing power, such regulations may provide for the
following matters, namely :—
(a) the meetings of the Grain Parishad, the conduct of
business thereat and the procedure for the dis-
posal of its business;
(b) the election of the President;
(c) the powers and duties of the President and' the
Secretary;
(d) the circumstances and the manner in which the
President may be removed from office;
(e) the constitution of standing and ad hoc committees,
their powers and duties and terms of office, the
conduct of business by committees, and the cir-
ournstances and the manner in which a committee
may be dissolved or reconstituted;
(f) the 'appointment, remuneration and conditions of
service of the Secretary and other officers and
servants of the Gram Parishad;
rks West Beysgai Gramdan AO, 1904. lli
XXYII si 1111114.1
(Chapter P1 .—Misoellasteous.)
(g) the principles to be followed in determining eontri-
bution of land by a donor to the land pool;
(Is) the principles to be followed in the allotment of
land and the levy of rent, fees or other charges
for such allotment;
(s) any other matter for which provision is neeessary
for the purpose of enabling the Gram Poriehmel
to perform its functions under this A.t.
W 110111%.1141,1..4441 .1 lit