The Gujarat Panchayats (Gramdan Provisions) Act, 1966

Short title and extent.—

1. (1) This Act may be called the Gujarat Panchayats (Gramdan Provisions) Act, 1966.
2. (2) It extends to the whole of the State of Gujarat.

Definitions.— In this Act, unless the context otherwise requires,—

1. (1) "Gramdan" means a donation of land or an interest therein for the welfare of the people of a village in the State of Gujarat, made in accordance with the provisions of any law for the time being in force relating to Bhoodan or Gramdan;
2. (2) "Gramdan Gram" means a village or part thereof which is declared to be a Gramdan village under the relevant law relating to Bhoodan or Gramdan;
3. (3) "Gramdan Kisan" means a person who is a landless agricultural worker or an agriculturist and who is a resident of a Gramdan Gram and who has been allotted land in such village for personal cultivation according to the rules made in that behalf under the relevant law relating to Bhoodan or Gramdan;
4. (4) "Gramdan Movement" means the movement initiated by Acharya Vinoba Bhave for the Bhoodan Yajna and Gramdan;
5. (5) "Owner", in relation to any land, means a person in whose name the land is registered in the record of rights and includes an occupant.

Constitution of Gramdan Gram.—

1. (1) Where, in respect of any village, the State Government is satisfied that—
   • (a) the Gramdan movement has been initiated in that village;
   • (b) the conditions specified in sub-section
2. (2) have been fulfilled in respect of the village; and
   • (c) a Gram Sabha as defined in the Gujarat Gramdan Act, 1965 (Guj. 32 of 1965) has been constituted for the village, the State Government may, by notification in the Official Gazette, declare the village to be a Gramdan Gram.
3. (2) The conditions referred to in clause
   • (b) of sub-section
4. (1) are that—
   • (a) not less than seventy-five per cent of the persons owning lands in the village, or not less than fifty-one per cent of the total number of persons residing in the village, have donated their lands, or, as the case may be, have agreed to donate their lands, in accordance with the provisions of the Gujarat Gramdan Act, 1965 (Guj. 32 of 1965); and
   • (b) the extent of the land so donated or agreed to be donated is not less than fifty-one per cent of the total extent of the lands in the village.

Effect of constitution of Gramdan Gram upon Panchayat.—

1. (1) Notwithstanding anything contained in the Gujarat Panchayats Act, 1961 (Guj. VI of 1962), as from the date on which a village is declared to be a Gramdan Gram under section 3, the Gram Panchayat constituted for that village under the said Act shall stand dissolved: Provided that the members of the Gram Panchayat, including the Sarpanch and Upa-Sarpanch, holding office immediately before the date of such dissolution, shall cease to hold office as such.
2. (2) On and from the date of such dissolution, the powers, functions and duties of the Gram Panchayat shall vest in, and be exercised, performed and discharged by, the Gram Sabha constituted for the Gramdan Gram.
3. (3) The assets and liabilities of the Gram Panchayat shall vest in the Gram Sabha.

Constitution of Gramdan Gram Sabha

1. (1) As soon as may be after a village is declared to be a Gramdan village under section 4, there shall be constituted for that village a Gramdan Gram Sabha.
2. (2) The Gramdan Gram Sabha shall consist of—
   • (a) all the adults who are ordinarily resident in the Gramdan village and who have registered their names in the register kept for the purpose by the Gramdan Gram Sabha; and
   • (b) such other persons as may be prescribed.
3. (3) The Gramdan Gram Sabha shall be a body corporate by the name of "The Gramdan Gram Sabha of _________" and shall have perpetual succession and a common seal and shall have power to acquire, hold, administer and transfer property, both movable and immovable, and to enter into contracts and shall by the said name sue or be sued.

Functions of Gramdan Gram Sabha

1. (1) Subject to any rules that may be made by the State Government in this behalf, the Gramdan Gram Sabha shall have the following functions, namely:—
   • (a) to manage, maintain and develop the lands vested in it;
   • (b) to plan for the development of the Gramdan village;
   • (c) to assist in the distribution of the lands in the Gramdan village for cultivation;
   • (d) to settle disputes between the residents of the Gramdan village;
   • (e) to supervise the cultivation of lands in the Gramdan village;
   • (f) to help in the execution of development schemes;
   • (g) to perform such other functions as may be prescribed: Provided that in the performance of its functions the Gramdan Gram Sabha shall have due regard to the principles of Gramdan movement.
2. (2) The Gramdan Gram Sabha may delegate any of its functions to a committee constituted by it from amongst its members.

Amendment of Gujarat Act 6 of 1962. In the Gujarat Panchayats Act, 1961 (Guj. VI of 1962), in section 2, after clause (19), the following clause shall be inserted, namely:— (19A) “Gramdan village” means a village or part thereof declared as a Gramdan village under the provisions of any law relating to the Gramdan movement for the time being in force in the State;

Power to make rules.

1. (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
2. (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 manner of holding a meeting of the Gram Sabha under section 3;
   • (b) the manner of giving notice of the meeting under sub-section
3. (2) of section 3;
   • (c) the procedure for conducting the business of the Gram Sabha under section 4;
   • (d) the manner of preparation of the register of Gramdan Kisans and the particulars to be entered therein under sub-section
4. (1) of section 5;
   • (e) the form in which and the time within which the register is to be prepared under sub-section
5. (2) of section 5;
   • (f) any other matter which has to be or may be prescribed.
6. (3) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as possible after they are made and shall be subject to such modifications as the State Legislature may make during the session in which they are so laid or the session immediately following.
7. (4) Any modification so made by the State Legislature shall be published in the Official Gazette and shall thereupon take effect.