section 37A
Declaration to opt out of Gramdan Community
The Rajasthan Gram Dan Act, 1971General197155 sections
Statutory text
- (1) Any Gramdan Kisan, not being a minor, including those filing declarations under section 8 or 9 or those donating land under section 22 or 23 or those joining the Gramdan community under sub-section (3) of section 22 (hereinafter in this chapter all referred to as the eligible persons) may, on or after the expiry of a period of three years from the date of the notification under sub-section (1) of section 11, file a declaration in the prescribed form before the Collector of the District in which his Gramdan village is situate that he has decided to opt out of the Gramdan Community and request that his Gramdan village may be excluded from the purview of the provisions of this Act. (2) A declaration under sub-section (1) shall not be valid unless it is made- (a) in the case of land held by two or more persons as co-Gram-dan Kisans, by all such persons jointly; and (b) in the case of land under mortgage, by the mortgagor and the mortgagee jointly. (3) A declaration under sub-section (1) may be made either individually or jointly. (4) Where in a Gramdan village, more than 50 of eligible persons file declarations under sub-section (1), the Collector shall forward the declarations to the Sub-Divisional Officer having jurisdiction over the village for verification, inquiry and report. (5) The Sub-Divisional Officer shall, on receipt of the declarations from the Collector, convene a meeting of all eligible persons, at the Gramdan village itself, by causing individual notices to be served on each of them as have filed declarations under sub-section (1) and also by getting a public notice proclaimed by beat of drum in the village and by affixing a copy of public notice at some conspicuous part of the village about the date, venue and time of the meeting. The Sub-Divisional Officer or, where the Chainnan of the Gramdan Board, after due intimation of the inquiry to him by the said officer, intends to be associated with the process of inquiry, the SubDivisional Officer duly associated by the nominee of such Chainnan shall verily and ascertain by making such enquiry as he deems fit whether more than 50 of the eligible persons of the Gramdan village affirm having made declarations under the said sub-section. The Sub-Divisional Officer shall after inquiry, forward the copy of the minutes of the meeting together with his report and recommendations to the Collector. (6) Where on receipt of the report of the Sub-Divisional Officer, the Collector is satisfied from the report and recommendations of the Sub-Divisional Officer that more than 50 of eligible persons of a Gramdan village have decided to opt out of the Gramdan Community and have requested for being excluded from the purview of the provisions of this Act, he may after consulting the Chainnan of the Gramdan Board, by notification in the Official Gazette, make a declaration that the Gramdan village in respect of which the declarations under subsection (1) have been made, shall cease to be Gramdan village and the Gramdan Kisans of that village shall cease to be governed by the provisions of this Act. (7) The Collector shall also simultaneously send copies of the declaration to the State Government, Chainnan of the Gramdan Board, President of the concerned Gram Sabha, Sub-Divisional Officer and the Tehsildar concerned. (8) The Collector shall further send his recommendations to the State Government indicating the name of the Gram Panchayat in which the area of Gramdan village in respect of which declaration has been made by him under sub-section (6) should be included and the State Government shall act in this matter in accordance with the provisions contained in the Rajasthan Panchayat Act, 1953 (Rajasthan Act 21 of 1953).
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