The Maharashtra Gramdan Act, 1964
Chapter VI POWERS AND FUNCTIONS OF GRAM MANDAL
General196447 sections8 chapters
Chapter VI POWERS AND FUNCTIONS OF GRAM MANDAL
28. Powers and functions of Gram Mandal.
Statutory text
- (1) The Gram Mandal shall manage the lands which are vested in it, including such lands as may come under its management, and undertake 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 Mandal may-
- (a) take steps to inculcate and develop in the village community the spirit of collective responsibility, mutual aid and promote or undertake or participate in co-operative activities ;
- (b) take steps to promote many sided and integrated development of the village community ;
- (c) arrange for the maintenance of destitute children and old and infirm persons ;
- (d) prepare and implement schemes for the improvement of agriculture in the village, and the best utilization of lands in the village ;
- (e) set apart land for community purposes ;
- (f) prepare and implement schemes for the general development of the village, including the promotion of small scale industries therein and the proper utilization of local resources and man power ;
- (g) distribute such lands as are available for the purpose to landless persons ;
- (h) prepare and implement, subject to the approval of the State Government, schemes for regional self-sufficiency in articles of food, clothing and other necessities of life, and to that end, secure the co-operation and assistance of the State Government, and other institutions or agencies operating in the village or in its neighborhood ;
- (i) promote consolidation of holdings ;
- (j) grant loans to any member of the Gram Mandal, whether a lessee of its land or not, for any purpose, whether agricultural or not ;
- (k) take measures for the improvement of lands and reclamation of waste lands and the introduction of improved methods of cultivation ;
- (l) promote the industrial development of the village ;
- (m) facilitate the elimination of unemployment in the village ;
- (n) raise voluntary contributions from the village for community purposes ;
- (o) maintain the accounts of the Gram Nidhi ;
- (p) prepare and maintain village records including register giving details of land holding in the possession of persons under the Gram Mandal ;
- (q) raise a village peace force or Shanti Dal for the maintenance of the tranquility of the village by peaceful means ;
- (r) prepare and implement schemes for housing, education and medical relief for the village community under its charge ;
- (s) encourage conciliation in respect of private debts of its members ;
- (t) perform such other functions and duties and exercise such other powers as may from time to time be prescribed.
Chapter VI POWERS AND FUNCTIONS OF GRAM MANDAL
29. Power of Gram Mandal to accept donations of land after establishment of Gramdan Village.
Statutory text
- (1) Any owner of land (not being a minor), 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 5, 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 Collector without the approval of the Gram Mandal.
- (2) With effect from the date on which the declaration referred to in sub-section (1) is confirmed, all the rights, title and interest of any person whose declaration is so confirmed in or over the lands covered by such declaration, shall, save as otherwise provided by this Act, cease, and shall stand transferred to, and vest in, the Gram Mandal established 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 5.
- (3) Any person (not being a minor) residing in a Gramdan village who has not made a donation by way of Gramdan under section 5 or sub-section (1) of this section, may join the Gramdan community in the same manner and subject to the same conditions as are provided in sub-section (3) of section 5, and thereupon, the provisions of this Act shall, as far as may be, apply, as if such declaration were made under sub-section (3) of section 5.
Chapter VI POWERS AND FUNCTIONS OF GRAM MANDAL
30. Power of Mandal to cancel lease, etc.
Statutory text
- (1) Where any lessee from the Gram Mandal,-
- (a) transfers his interest in the land in contravention of the provision of clause (b) of sub-section (1) of section 27, or
- (b) fails to pay any dues in respect of the land leased to him, or
- (c) fails to cultivate the land for two consecutive years, the Gram Mandal may make an application to the Collector, for cancelling the lease, and if he is in possession thereof, for the eviction of the lessee therefrom ; and thereupon, the Collector may, after making such inquiry as he deems fit and after giving the lessee an opportunity to be heard, cancel the lease, or as the case may be, pass an order of eviction, and in the latter case, restore possession of the land to the Gram Mandal after ejecting the lessee or any other person found in possession of the land : Provided that, the right of any person who is in lawful possession of such land shall not be affected thereby.
- (2) Any order restoring possession of the land under this section shall be executed by the Mamlatdar or Tahsildar within whose jurisdiction the land is situate in the manner provided in section 21 of the Mamlatdars' Courts Act, 1906 (Bom. II of 1906), as if it were the decision of the Mamlatdar under that Act.
- (3) Notwithstanding anything contained in sub-section (1), the Collector may instead of cancelling the lease or ordering his eviction on any of the grounds falling under clause (b) or clause (c) of that sub-section, by order direct the Gram Mandal to assume management of the land in such manner, and for such period as he may specify; and make such further order as he may think fit for enabling the Gram Mandal to assume management of the land.
- (4) In any case where the management of any land is assumed under sub-section (3), the Gram Mandal shall, in such manner and at such intervals as may be prescribed, pay to the lessee the surplus income, if any, derived from the land during the period of management after deducting all amounts due to the Gram Mandal from the lessee on account of land revenue, rent, cesses, rates, taxes and other dues and on account of incumbrances, if any.
- (5) Any person aggrieved by any order of the Collector under this section may file an appeal to the Commissioner within forty-five days of the order. The Commissioner may, after giving the parties an opportunity of being heard, pass such order on appeal as he thinks just and proper. Subject to the decision of the Commissioner, every order of the Collector made under this section shall be final.
Chapter VI POWERS AND FUNCTIONS OF GRAM MANDAL
31. Power to borrow.
Statutory text
- (1) Subject to rules made in this behalf, a Gram Mandal 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 Mandal may, for any of such purposes, also obtain a loan from any Government on such terms and conditions as that Government may determine.
Chapter VI POWERS AND FUNCTIONS OF GRAM MANDAL
32. Gram Mandal to recover dues as arrears of land revenue.
Statutory text
Any arrear of land revenue, cesses, rates or taxes or any other sum due to the Gram Mandal by way of contribution or otherwise, shall, on a certificate issued to the Collector by the Gram Mandal, be recovered by the Collector as an arrear of land revenue and paid to the Gram Mandal.
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