The Assam Gramdan (Amendment) Act, 1962
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ASSAM ACT No .XXVII OF 1962

TH E ASSAM GRAMDAN (AMEND MENT) ACT, 1962

(As passed by the Assembly)

**ec eive d th e ass en t o f th e Pre siden t on the 25th Sep tem be r 1962**

[Published in the _Assam Gazette, Extraordinary, dated the 28th_

September 1962

_An_

_Act_

_to amend the Assam Gramdan a cl, 1961_

Prearob’e. Whereas it is expedient to amend the Assam Assam Act I

Gram dan Act, 1961, hereinafter called the principal [o f]
Act in the manner hereinafter appearing ;

It is hereby enacted in the Thirteenth Year of the

Republic of India as follows: —

Short title, 1.(1) This Act may be called the Assam Gramdan
extent and (Amendm ent) Act, 1962.

tommence" (2) It shall have the like extent as the principal

uient,

Act.


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(3) It shall come into force at once.

Amendment 2. In section 2 of the principal Act, in clause («),

ot section 2 fo r t h e w o r [ds “Panchayat Adalat” wherever they ]

°Aet I[SSa]™ occur, the words “Panchayati Adalat” shall be substi-

1962. tuted.

Amendment 3, j n s e ction 4 of th e principal Act,—

of [SCC] Assam (1) Clause (a) of sub-section (2) shall be deleted

Ac t I of and cla [u s e s] (^) [a lJ] d ([c]) shall be re-number-

1962. ed as clauses (a) and (i) respectively ;

(2) For sub-section (7), the following shall be

substituted, na mely:—

“ (7) No person who has filed a declaration

under sub-section (1), shall thereafter be
competent to transfer or create any en­
cumbrance on any land, in respect of
which the declaration has been filed,
unless and until an order under sub­
section (4) refusing to confirm the decla­
ration, or an order under sub-section (3)
of section 5, declaring the village in
which the land is situated as not quali­
fied to be a Gramdan Village is made.
Any transfer made or encumbrance

created in contravention of this provision
shall be void and inoperative”.

Amendment 4. In section 5 of the principal Act, for sub-section

of '^Assart (3) tbe following shall be substituted, name ly:—

Act I of

1962.

“ (3) Where the conditions mentioned in sub­

section (1) are not satisfied within a

reasonable time, the prescribed authority
may declare in the manner prescribed
that th e village is not qualified to be a
Gramdan Village and thereupon every
declaration under section 4 shall, not­
withstanding that it had been confirmed
under sub-section (4) of section 4, cease
to have effect.”

Substitution **5.** For section 7 of the principal Act, the following

of section of Assam 7 s h a ll be substituted, namely :—■

Act X of

1962.

“ Effect of 7. (1) Notwithstanding anything to the contrary

declaration contained in any other law for the time being in force

Visage [a n] but subject to section 36 of this Act, with effect from


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the date from which a village is declared to be a

Gramdan Village by notification under sub-section (1)
of section 5—

(a) all rights, title and interests of persons whose

declarations have been confirmed under

section 4 in or over the lands covered by

such declarations shall cease and shall
stand transferred to and vest in the Gram
Sabha established for that Gramdan

Village ;

_(b~) the Gram Sabha shall be responsible for the_

payment of land revenue or rent and other
cesses and rates in respect of the lands
vesting in the Gram Sabha falling due on
or after the date of such vesting as well as
such la nd revenue or rent and other cesses
and rates due on the date of such vesting

and shall also be responsible for all encum ­

brances whatsoever in respect of the lands
vesting in the Gram Sabha as on the date
of such vesting:

Provided, however, that for the payment of any

iand revenue or ren t and other cesses, rates or

encumbrances due on the date of such vesting of

the land for which the Gram Sabha is responsible,
it shall be competent for the Gram Sabha to

recover the amount from the owner concerned who
donated the land by way of Gramdan as if the
said amount is due to the Gram Sabha.

Allotment of (2) The State Government may, from time to

?°n<I to th e [t i m] e ’ notification in the Official Gazette, transfer

G r a m [t o] Gram Sabha for management, such common

Sabha. lands in the revenue village as may be specified in

the notification on such terms and conditions a3

may be notified ; and the State Government

may, in the like manner, cancel any such notifica­
tion whereupon all the rights of the Gram Sabha

over such lands shall cease.”

Am endment 6. In section 8 of the principal Act, in sub-section

of section 8 (i) ; the comma after the word “force” shall be

j o f [SS]^962 ° deleted and the words “but subject to section 36

of this Act” followed by a com ma shall be inserted

between the words “ force” and “the” .

Am endment ?. In sections 18, 19, 20 and 22 of the principal

of marginal Aet, in the marginal note after the words “Gram

n:itV ° Sabha” wherever thev occur, the word “Ad alat”
sections 18, .        - ’

19, 20 an d sh all be inserte d.
22 o f Assam

Act I of

1962.


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of[S£] Assam s u 6-section (2), after clause (h) the following

Act I of shall be inserted as clause (i), namely:—

1962.

“ (i) the principles to be followed in recovering any

payments due to the Gram Sabha on account of any
land revenue, rent, cesses, rates or encumbrances due

on the date of vesting on any land, from the owner

concerned who donated the land by way of

Gram dan;” ;

(2) the existing clauses (i) and (j) shall be re­

num bered as clauses ( j ) and (k) respectively.

Ins ertion of g. After section 35 of the principal Act, the fol-

**u u n "T f a i Le** r lowing new section shall , be added as section 36,■'

section 35 of namely
Assam Act I
ofl962.

“ Supersession 36. (j) jf, j n t p,e opinion of the State Govern-

sk ha. a m m e n t ’ a G r a m Sabha—

(a) is not competent to perform, or persistently

makes default in performing the duties
assigned to it by this Act ; or

(b) exceeds or abuses the powers assigned to it

under this Act ; or

(c) is not functioning in a manner consistent

with the provisions of this Act or the rules
framed thereunder ;

The State Government may, by 'notification in the

Official Gazette, stating the reasons for its order, dec­
lare that Gram Sabha to be incompetent, or in default
or to have exceeded or abused its powers or to have
ro t been functioning in a manner consistent with the
provisions of this Act or the rules framed thereunder,
as the case may be, and supersede it for such period
not exceeding one year at a tim e:

Provided that before any such notification is

issued, the Gram Sabha concerned shall be given a
reasonable opportunity of showing cause why the
proposed declaration should not be made.

(2) On the supersession of a Gram Sabha under

sub-section (1)—

_(a) the President and Members of all commit­_

tees constituted by the Gram Sabha shall
from the d ate specified in the notification
vacate their office ;


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(6) all the powers and duties of the Gram

Sabha, shall during the period of superses­
sion be exercised and performed by such
person or persons as the State Government
may from time to time appoint in this
behalf;

(c) all properties vested in the Gram Sabha

and any balance of the Gram Nidhi, shall
be vested in and such of its liabilities as
may have been incurred in the discharge
of its legitimate functions or which . have
been incurred in the course of duties
performed in the genuine interest of the
Gram Sabha concerned, shall be transfer­
red to the Deputy Commissioner of the
district or to the Subdivisional Officer of
the subdivision, as the case may be who
shall make such arrangements, as may be
deemed necessary until the expiration of

the period of supersession ; and

_{d} the Gram Sabha Adalat established for the_

Gramdan Village concerned, shall cease
to function and all the pending cases and
suits shall stand transferred to the Courts
of com petent jurisdiction, which shall

proceed with the cases and suits fiom such
stage at which the proceedings were

pending before the Gram Sabha Adalat on
the date cf transfer, as if the cases and
suits were duly instituted in such Courts of
competert jurisdiction.

(3) On the expiration of the period of supersession

specified in rfhe notification, the State Government
ma y, if in its opinion it is so necessary, extend the
period of supersession for such further term, as it may
consider necessary, but not exceeding one year at a
time, and on the expiration of the period of super-
session either a« originally specified or extended, the

Gram Sabha shall resume its functions and elect its
President and constitute the Committees, and the

State Government shall establish the Gram Sabha-
Adalat, in the manner provided in this Act :

Provided that the State Government may at any

time before the expiration of the period of super-
session, withdraw any notification issued under

sub-section (1;.

(4) The income derived from the Gramdan

Village during the period of supersession, shall first,
be utilised towards the cost of management during
the period of supersession and liquidation of liabilities
of the Gram Sabha and the balance shall be credited

to the Gram Nidhi”.


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