Chapter II GRAMDAN VILLAGE

1. (1) Where, in a village-
   • (a) the extent of lands in respect of which the declarations filed under section 5 have been confirmed, is not less than sixty per cent. of the total extent of lands owned by persons residing in that village ;
   • (b) the number of persons whose declarations have been so confirmed is not less than seventy-five per cent. of the total number of persons owning land and residing in the village ;
   • (c) the number of persons in respect of whom declarations made under sub-sections (1) and (3) of section 5 have been confirmed is not less than seventy-five per cent. of the persons (excluding minors) residing in that village ; and
   • (d) not less than fifty-one per cent. of persons attending the meeting held under section 6 have expressed their willingness to constitute the village a Gramdan village by joining the Gramdan community, the Collector may, after making such inquiry and in such manner as may be prescribed, by notification in the Official Gazette, declare that village to be a Gramdan village with effect from the date specified in such notification.
2. (2) A copy of every notification under sub-section (1) shall be displayed in a prominent place in the village, and another copy affixed on a conspicuous part in the office of the Collector within whose jurisdiction the village is situated, and the substance of every such notification shall also be published in the prescribed manner.
3. (3) Where the conditions mentioned in sub-section (1) are not satisfied within a period not exceeding six months commencing on the prescribed date, the Collector may by order declare in the manner prescribed that the village is not qualified to be a Gramdan village, and thereupon every declaration under section 5 shall, notwithstanding that it had been confirmed, cease to have effect.

1. (1) Any owner of land, not being a minor, may file a declaration in the prescribed form before the Collector that he donates, that is to say, voluntarily and without consideration agrees to transfer to the Mandal all his land in the village specified in the declaration by way of Gramdan. The declaration shall specify the lands which he would like to hold as Gramdan Kisan, and which may be distributed to landless persons under this Act : Provided that, where any such owner has transferred any of his lands in the village by way of Bhoodan, this sub-section shall have effect as if the lands so transferred were included in the total extent of his lands : Provided further that, in specifying the lands to be held by him as Gramdan Kisan, an owner shall specify such lands as are subject to any encumbrances.
2. (2) Every declaration filed under sub-section (1) shall also contain an undertaking that the owner shall-
   • (i) join the Gramdan community of that village, and
   • (ii) make a periodic contribution to the Gram Mandal, in accordance with the provisions of clause (d) of sub-section (1) of section 27, for community purposes.
3. (3) Any person residing in a village (not being a minor), who does not own any land therein may file a declaration undertaking to join the Gramdan community of that village, and may agree to pay a periodic contribution equal to one-fortieth of his net annual income to the Mandal, for community purposes. Such declaration may be made either individually or collectively.
4. (4) The Collector shall, as soon as may be, after the receipt of the declaration under sub-section (1) publish the same in the prescribed manner together with a notice requiring all persons interested in the land to submit their objections, if any, in writing to him within forty-five days of such publication.
5. (5) On the expiry of the period specified in sub-section (4), the Collector may, after considering the objections if any, received and after making such enquiries as he deems fit, by order, either confirm the declaration or refuse to confirm it.
6. (6) Any person aggrieved by any order of the Collector made under sub-section (5) may file an appeal to the Commissioner within forty-five days of the date of the order, and subject to the decision of the Commissioner, such order shall be final.
7. (7) No order refusing to confirm a declaration shall be made under this section unless the person making the declaration is given a reasonable opportunity to show cause against such refusal to confirm the declaration.
8. (8) A declaration, which the Collector has, by order, refused to confirm under sub-section (5) shall, unless such declaration is confirmed in appeal under sub-section (6), be of no effect. [1(9) for the purposes of an inquiry under this section, the Collector shall have the power to summon and enforce the attendance of any person and of examining him on oath or affirmation or by affidavit or to compel the production of any document of other material object by the same means and in the same manner as is provided in the case of a Civil Court under the Code of Civil Procedure, 1908 (V of 1908).]

1. (1) As soon as the Collector is satisfied, that having regard to the population of the village, a sufficient number of declarations has been received under section 5, he may call a meeting-
   • (a) of the Gram Sabha of the village constituted under the Panchayats Act, where a village has a panchayat, or
   • (b) of all persons (not being minors) residing in the village, where there is no panchayat, and also of persons who have donated lands in the village, but are residing outside the village, for ascertaining whether the persons attending the meeting are willing to constitute the village a Gramdan village by joining the Gramdan community.
2. (2) The Collector shall fix the date, time and place of the meeting, and a copy of the notice containing this information shall be displayed in a prominent place in the village, and another copy affixed on a conspicuous part in the office of the Collector within whose jurisdiction the village is situated; and the substance of every such notice shall also be published in such other manner as is in the opinion of the Collector best calculated to bring the matter to the notice of persons concerned.
3. (3) The meeting shall be presided over by the Collector who shall have the right to speak and otherwise take part in the proceedings of the meeting, but shall not be entitled to vote. The procedure to be followed at the meeting shall be such as may be prescribed, and the quorum shall be fifty-one per cent. of the total number of persons entitled to attend the meeting under sub-section (1).

1. (1) No person shall transfer any land in respect of which a declaration has been filed, until on order under section 5 refusing to confirm the declaration has become final or an order under section 4 declaring the village in which the land is situate as not qualified to be a Gramdan village is made, or an order under section 8 rescinding the donation by way of Gramdan is made.
2. (2) Any transfer of land made in contravention of the provisions of sub-section (1) shall be void and inoperative.

Notwithstanding anything to the contrary contained in any other law for the time being in force, with effect from the date on which a village is declared to be a Gramdan village and on the Gram Mandal being constituted therefor-

1. (a) all the right, title and interest of persons whose declarations have been confirmed under section 5, in or over the lands covered by such declarations, shall, save as otherwise provided in this Act, cease and shall stand transferred to, and vest in, the Gram Mandal established for that Gramdan village, but subject to any rights, encumbrances or equities lawfully subsisting in favour of any other persons ;
2. (b) the Gram Mandal shall be entitled to receive the contributions referred to in section 5;
3. (c) the Gram Mandal shall be liable for-
   • (i) the payment of land revenue, rent, cesses, rates and taxes in respect of lands vested in the Gram Mandal which would have been payable by the donors, but for the donation, irrespective of whether the liability arose before or after the date of the vesting ; and
   • (ii) the discharge of all encumbrances created in respect of any land vested in the Gram Mandal, prior to the date of filing of the declaration in respect thereof under section 5 : Provided that, for the payment of any land revenue, rent, cesses, rates or taxes, due on, or the discharge of any encumbrance created before the date of such vesting of the land, for which the Gram Mandal is so liable, it shall be competent for the Gram Mandal to recover the amount either before or after such payment or discharge, from the owner who donated the land by way of Gramdan as if it were an amount due to the Gram Mandal : Provided further that, where in any case it appears to the Gram Mandal that the encumbrances and other liabilities in respect of land donated by way of Gramdan are excessive, or for any other reason, it is of opinion that it is not desirable to undertake the discharge of such liabilities, the Gram Mandal may, after giving the person to whom the land would belong but for the Gramdan, an opportunity of being heard, rescind by order the donation by way of Gramdan, and thereupon all rights, title and interest in or over those lands shall revert to such person and all liabilities of the Gram Mandal in respect of those lands, except the liabilities, if any, that arose during the period the property remained vested in the Gram Mandal, shall cease, and the declaration filed under section 5 in respect of the Gramdan aforesaid shall not continue in force ;
4. (d) the land revenue, cesses, rates and taxes due in respect of the lands situated in a Gramdan village and in respect of which a donation by way of Gramdan has not been made under section 5 or section 29 shall be payable to the Gram Mandal 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.