section 5
Declaration of voluntary transfer of lands by way of Gramdan.
The Maharashtra Gramdan Act, 1964General196447 sections8 chapters
Chapter II GRAMDAN VILLAGE
Statutory text
- (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) 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) 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) 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) 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) 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) 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) 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).]
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