ASSAM AC T No .I OF 1962 THE ASSAM GRAMDAN AC T, 1961 (As passed by the Assembly) R ec ei ve d th e ass en t o f th e P re si den t on th e 1s t Ja nu ar y, 1962 [Pub lished in the Assam Gazette, Ext raordinary, da ted the 13th Ja nu ar y 1962] CO NT EN TS Pre lim in ary Sections 1 Sho rt title, extent and com men ceia ent, 2 Definitions.
3 Act to have over- riding effect.
The G ra m da n V ill ag e 4 Donat ion of land by way of Gr amdan.
5 Dec lara tion of a village as Gramdan Village.
6 Regis trat ion o f par t of village as a s eparate revenue vill age, 7 Effects^of dec latation as Gram dan Village .
8 Donat ion o f land in Gram dan Village, T he G ra m Sa bh a 9 Establi shm ent and constitutio n of the Gram Sabha.
10 Reg iste r of membe rs.
11 Pres iden t of the Gra m Sabha, 12 Committe es.
13 Officers and servants of Gra m Sa bh a.
14 Rem ova l of Officers and servan ts.
15 Condu ct of business o f Gra m Sabha .
16 Dut ies and funct ions.
17 Ce rta in persons who have a righ t to allo tme nt to lan d.
18 Power o f the Gram S abha to decid e civil an d criminal ca«es.
2 Sections 19 Certa in cases not to be trie d by a Gra m Sabha.
20 Transfe r of cases b y the G ram Sab ha.
21 Revision.
22 Procedu re before Gram Sab ha 23 Allotment of la nd by Gra m Sabha .
24 Dispute s regard ing a llo tment of land.
25 Evic tion o f Allottee .
26 Power of the Gram S abha to recover dues.
27 Act of Gram S abh a not to be invalid ate d.
Jt The Gram Nidhi K V28 Gram N idh i.
29 App lica tion of G ram Nid hi. » 30 Borrowing powers of Gram Sabha.
31 Accounts and Audit.
Miscellaneous 32 Power to exemp t from Sta mp duty, etc.
33 App lica tion of Panc hay at Law to the Gram Sabin: .
34 Power to make rules.
35 Pow er to m ake regulatio ns.
TH E ASSAM GRAMDAN AC T, 19oi An Act to prov ide fo r the establish ment o f Gramdan Vi'.lages and fo r mat ters connected therewith \ Preamble Whereas it is expedie nt to prov ide tor the est ab lishm ent of Gra mdan Villages in pursuanc e of tin Bhoodan Ya jna Movem ent in itiate d by Acharya ».
Vinoba Bhave and for mat ters connected therewi th, in the ma nner her einafte r appearing ;
It is hereby enac ted in th e Twe lfth Year of the Repub lic of Ind ia as follows — PRELIMINARY Short title, l. (l ) This Act may be called the Assam Gra mdan commeDcel A c t » 1 9 6 L ment. (2) It extends to the whole o f the Sta te of Assam except the Autonomous Dis tric ts under the Sixth Schedule to the Con stitu tion of Ind ia.
(3) It shall come into force on such date as the Sta te Governme nt ma y, by notification in the Official Gazette , app oin t.
3 Definitions, 2. In this Act , unless the context otherwise require s—
(a) “a du lt” means a person who has completed 21 years o f age ;
(b) “ com mon lan d” in a village means Government waste land and includes lan d used for reserves for use for the common purposes of the village ;
(c) “ Governm ent ” means the Governm ent of Assam ;
(d) “Gram dan” means a donation of land situated in a village which is made voluntari ly for t he purposes of this A c t;
(«) “ Gramdan Vil lage ” means a village decla red to be a Gram dan Village under Section 5 ;
( / ) “ Gram Sabha” means a Gram Sab ha estab lished under Section 9 ;
(g) “own er” means—
(t) in relatio n to land held by a tena nt with permanen t rights , the t enan t ;
(li) in rela tion to land held under a grant, lease or assignment from Governm ent, the holde r ;
and
(iii) in relatio n to any oth er land, the person to whom the land belongs ;
(A) “ Panch aya t” for the purposes of this Act Assam Act means the Gaon Pan cha yat , or the A ncha lik Pa nc ha - XXIV o f ya t, as t he case may be, estab lished under the Assam Pa nchaya t Ac t, 1959 ;
(i) “Person intere sted” in rela tion to any lan d, means any person claim ing any rig ht , title or inte rest in the land and includes a person hav ing a right of easement affecting such lan d ;
( j ) “ Prescr ibed” , except where the words “ prescribed by Reg ula tion s” are used, means pres crib ed by rules mad e under this Act j (A) “Regulat ion ” means a regu latio n made by a Gr am Sab ha under section 34 ;
(/) “R esiden t” a person shall be deemed to be “resid ent” in a village, if he is ordinari ly' res ide nt in such village, and “ reside” shall be con stru ed accordingly^;
4
(m) “V illage” means a revenue village regis tered as such in the revenue records, and in cludes—
(t) a pa rt of a revenue village whe ther called a ha m'ct , tola , para or otherwise ; and . («) a com pac t area owned by 20 or more families which the Gov ernment may, by notification in the Official Gazette , dec lare to be a village for the purposes of this Act ;
(n) “ Panch aya t Ad ala t” means a Par icha yat A ssam Act Ada lat estab lished under Section 86 of the Assam XXIV of Pan chayat Act, 1959. ’959. < -»,■ A c t t o .^“v e 3. Tn e provisions of this Act shall have effect a °effect. notwithstanding any thin g to the con trary con tained in any other law for the time being in force TH E GRA MDAN VIL LAGE Donation of 4 5- (•) Any owner of land, not being a minor, may land by way don ate by way of g ram dan all his lands in a village by of Gram dan. filing a dec lara tion in the presc ribed form before the prescribed author ity,
(2) A dec lara tion under sub-section (1) shall not be vab d unless it is made—
(a) In the case of land owned by two or more prrsons as co-owners, by all such persons jointly ;
(b) in the case of land subject to a mortgage by the mo rtga gor and the mortgagee jointly ;
(c) in the case of la nd held under a gran t, lease or assignment from the Governm ent withou t perma nen t rights , by the person holding it, with the pre vious app roval of the Governm ent.
(3) Every dec lara tion under sub-sec tion (1) shall be publ ished in such a ma nner as may be presc ribed , together with a notice requir ing a ll persons interested in the land to submit the ir object ions, i*' any, in writ ing to the presc ribed au tho rity with in thir ty-day s of the pub lica tion of the dec lara tion .
(4) On the expiry of the period specified in sub jection (3), the prescribed authority may , afte r consi dering the objections received if any, and afte r making such fur the r enquir ies as m ay be prescribed, by order, either confirm the declarat ion or refuse to confirm it.
(5) Ai.y person aggrieved by an ord er of the p res cribed au tho rity under sub-section (4), may file an appeal to the autho rity p rescribed in this behal f with in forty-five days of the da te of the order and subje ct to the decision on such appeal, the ord er of the prescribed autho rity shall be final.
5 oC5
(6) A declarat ion which the prescribed authority has, by order, refused to confi m under sub-section
(4) shall be of no effect.
(7) Where any land has been donated by way of gramdan before the commencement of this Act , any person may file a statement to that effect before the prescribed authority, and thereupon, the provisions o f sub-sections (3), (4), (5) and <6) shall, so lar as may be, apply to such statement.
Declaration 5. (1) Where, in a villa ge,— a v illage ĥe extent of lands in respect of which Vin” ,ean declarations filed under Section 4 have been confirmed is not less than fifty-one per cent of the total extent of lands under private ownership in that village ;
(6) 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 lands and residing in the village ; an 1
(c) not less than seventy-five per cent of the adults residing in the village have declared in the prescribed form and manner their desire to partic ipate in the Gramdan Community ;
the prescribed authority 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) 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 Deputy Commissioner of the District, or of the Subdivisional Officer of the Subdivi sion, as the ease may be, and the substance of every such notification shall also be published in the pres cribed manner.
(3) Where the conditions mentioned in sub jection (1) are not satisfied, the prescribed authority, may declare that the village is not a Gramdan Village and thereupon every declaration under section 4 shall, notwithstanding that it had been confirmed under sub-section (4) of section 4, cease to have effect.
Registration 6- (1) A here a part of a revenue village has been of part of vil-declared to be Gram dan Vil lag e under this Ac t, the lage as a se- Qr a m Sabha of the Gramdan Vil lage may file an Pa r a t?.. re v e 'app licat ion before the D eputy Commissioner of the nue vn ge. Q r Subdivisional Officer of the Subdivi sion, as the case may be, for separating the part from the rest of the revenue v illage and for registering the part as separate revenue village.
(2) On receipt of an application under sub section (1) the Deputy Commissioner or the Subdivi sional Officer, as the case may be, may subject to such rules as may be prescribed, register the part as a separate revenue village:
6 Provide d th at no pa rt of a revenue village shall he registered as a separate reve nue village unless the population of such pa rt is not less than 100.
(3) Where a pa rt of a revenue village has been regis tered as a separa te revenue village under sub section (2), the Dep uty Commissioner or the Sub divisional Officer, as the case may be, shall also cause the common l and s in the orig inal village to be div ided by metes and bounds and app ort ioned betw een the two revenue villages.
Effects o f de- 7- Notwi thst and ing anyth ing to the con trary conclarat ion as tained in any other law for the time being in force, Gramdan with effect from the date from which a village is Vill age . dec lared to be a Gramdan Village by notif icat ion under sub-section (1) of Section 5— (а) All rig hts, title and inte rest of persons whose declara tions have been confirm ed under Sect ion 4 in or over the lands covered by such declarat ions shall cease and shall stand transferred to and vest in the Gram Sab ha established for that Gram dan V illage;
(б) All such comm on lands in the revenue village as may be specified by the Governme nt by notification in the Official Gaz ette shall vest in the Gram Sabha;
(c) The Gram Sabha shall be responsible for the pay ment of land reve nue and oth er cesses and rates in respect of all the lands vesting in the Gram Sabha falling due on or afte r the date of such vesting .
Donation of 8. (1) Any owner of land, not being a minor, land in hold ing land in a Gramdan Village for which a Gra m Gramdan ga bh a has been established may, by dec lara tion made to the prescribed au tho rity in the prescribed manne r, don ate all or any of his lands in the Gram dan Village, and upon the dec lara tion being confirmed in the ma n ner referred to in sub-section (2) notwithstanding any thing to the c ontra ry con tained in any oth er law for the t ime being in force, the don atio n shall be irrevoca ble and all the rights , title and interest of the donor in the land dona ted shall be deem ed to have been duly tran sfer red to and shall vest in the Gram Sab ha.
(2 ) T h e provisions of sub-sections (2), (3), (4),
(5) an d (6) of Section 4 shall app ly to a dec lara tion un de r this section as they app ly to a dec lara tion u nder sub-section (1) o f Section 4:
Provided th at no declara tion shall be confirmed by the prescribed autho rity without the approval cf the Gram S abh a 7 Th e G ra m Sa bha Estab lish- 9* (1) Th e Governme nt shall, by notif icatio n in men t an d the Official Gazet te, estab lish wi th effect from the constitution date specified in the notif icat ion under sub- Lui,e ra m section (1> of Section 5, a Gram Sab ha for the Gram- ’ dan Village .
(2 ) The Gram S abha shall consist of all adu lts who are e ithe r residents of the Gra mdan Village or own lands th erein:
Provided that a person shall be disquali fied for being a mem ber of a Gram Sabha, if he—
(a) is not a citizen of Ind ia , or
(b) is of unsound min d and stands so declared by a com petent court .
(3) The Gra m Sabha shal l be a body corporate having per pet ual succession and a comm on seal wi th power to enter into con trac ts and subject to provisions of this Act to acq uire , hold, adm inis ter or dispose of p roperty , both moveable and immoveable and shall by the said name sue and be sued.
Re gis ter of G n t b e e s t a b b s b mcnt of a Gram Sab ha, the me mb ers prescribed authority shall cause to be pre pared a regis ter in the prescribed form of all members of the Gram Sabha and the reg iste r so pre par ed shall be revised and bro ug ht up-to -date a t such inte rval s and in such ma nner as may be prescr ibed .
Pres iden t of • W A Gra m Sabha shall elect from the G ra m amo ng its members a Pres ident who shall exercise such Sabha , powers and discharge such duties as may be pres crib ed by the regu latio ns.
(2) Th e term of office of the President shal l be three years.
Committees. 1 2 - 0 ) A G r a m S a b h a m a Y co ns ti tu te —
(a) standing com mit tees for exercis ing such of the powers and disc harging such of the duties and func tions of the Gram Sabha as inay be prescribed by regu la tio ns ;
(b~) ad-hoc comm ittees for enq uir ing into or rep or t ing and advising on any ma tte r which the Gram Sab ha may refer to them.
(2) The Committees refe rred to in sub-section (1) shall be constituted in the ma nner prescr ibed by regulations and may be dissolved or reco nsti tuted in such circumstances a nd in such ma nner as may be prescribed by regula tions.
8 Officers and 13. A Gram Sablia ruay appo int— Servants of Gram Sabha. & secreta ry who shall exercise such powers and perfo rm such duti es as may be prescribed by reg ula tions or as m ay be delegated to him by the President ;
(6) such oth er officers and servants as may be necessary for the efficient performance of its func tions.
Removal of 14 . A Gram Sab ha may , in such circ ums tanc es officers and a n c j jn ^u c h ma nner as m ay be prescribed by regulaservants. ti o n g r e move the Pres iden t from office or the Sec reta ry or other officer o r servant from service.
Condu ct of business of Gram Sabha,
15. Sub ject to the provis ions of the rules if any , mad e in this beha lf, the business of a Gram Sabha and of its committ ees shall be conducted in such manner as may be prescribed by regulations ; and such regu lations may specify the cases in which the decisions of the Gra m Sabha shall be on the basis of unan im ity or a majority.
Duties aud 16. (1) It shall be the du ty of every Gra m Sabha functions. t o m a n a ge the l ands vested in it and to do all other things necessary and inc ide nta l the reto in the interests and for the benefit of the members of the Gra m Sab ha.
(2 ) In partic ula r and witho ut prejudice to the provisions con tained in sub-section (1), the Gra m Sab ha may— («) arrang e for t he cul tiva tion of lands vested in it either by its elf or by allo ttin g them to the resi dents of the Gra mdan Village , either individually or joint ly, on such terms and cond ition s including the levy o f any rent , fee or other charges as it may deem lit t «■ S'
(6) app ort ion the produce or income of such lands amon g the allottees and the Gram Sab ha ;
(c) set ap ar t lands for com munity pu rposes ;
(d) gran t loans for purposes of c ul tiv at ion^ persons to whom lands are allo tted ;
(e) carry ou t imp rovement to lands ;
( / ) ca rryo ut measures for the improvement ol the meth ods of cul tiva tion sn d the r ecla mation or waste lands ;
9 (g ) consolida te the land s in the Gram dan village by exch ange of land or otherw ise.
(A) und erta ke any agricultura l or non-agricul - tu ra l enterprise in the inte rest of the residents of the Gr am dan village ; and
(f) perfo rm such other funct ions as may be author ised by the Governme nt by noti ficat ion in the Official Gazet te.
Certai n pe r. 17. Every person who has don ated land unde r sons who s e c ti o n 4 and also every landless person who has * V̂ua f r, gh t t declared his desire to partic ipa te in the Gr am dan corntoland.m en mu nit y under clause (c) of sub-section (1) of sect ion 5 shall , subject to the regulatio ns made in this beh alf, be ent itle d to allo tment o f land for personal cu ltiv ation.
Power of the 18- The State Go ver nment may estab lish a Gram Gram Sa bha Sabha Adala t for a Gram dan village consis ting of to dec ide s u c h num ber of members of the Gra in Sab ha an d in minatn dasei" s u c h manne r as may be presc ribed and such Gram ’ Sabh a Ada lat shall have power to try and dispose of ;—
(a) any d ispute of a civil na tur e between resi dents of the G ram dan village which the parties have t by a written agre eme nt, referred to the Gram Sab ha Ad ala t for decision ;
(b) any crim ina l case other th an a case invo l ving an offence which is not com poundable, or which is com pou nda ble only with the permission of the court , under the provisions of the Code of Crim inal Procedure, 1898.
Act V of
1898.
(2) In any case of conviction , a Gram Sab ha Ad ala t may impose a sentence of fine not exceeding Rs. 250; b ut shall not impose a sentence of imprison ment substan tially or in default of paym ent of fine.
(3) No mem ber of a Gra m Sabha Adala t shall take pa rt in the trial or disposal of any civil or crim i nal case in or to which he is a pa rty o r is interested.
Ce rta in cases 19 . (1) No Gra m Sabha Adala t shall proceed with no t to be any civ il case in which the matt er direc tly and substan- Gram Sabha l n ŝ s u e is pending for decision in a Pan cha yat i 'A da la t or any other Court o f com petent juri sdictio n in a previously ins titute d suit between the same part ies or betw een the par ties u nder whom they or any of them claim o r has been heard and. finally decided in a suit betw een the same part ies or between the part ies und er whom they or any o f them c laim.
10
(2) No Gram Sab ha Adala t shall proceed with the tria l of criminal case aga inst any person where a crim inal case is pend ing aga inst him in any Pan cha yat i Ad ala t or any other Court in respect of the same offence or on the same facts of any oth er offence of wh ich the accused mig ht have b een charged or convicted .
Transfer of cases by the Gram Saaha.
Revision
20. If at any time it appears to a Gra m Sabha Adala t that any case before it is one which shou ld be tri ed by a Pan cha yat i Ada lat or an ordinary cou rt or th at the offence involved in any criminal case before it is one for which it can not award ade quate p unish me nt, it shall submit the case to the Dis trict Ju dg e or the Distr ict Ma gis tra te concern ed for tran sfer to a Pan cha yat i Adala t or any other Cou rt of compe tent jur isd ict ion and shall give info rma tion the reo f to the par ties concern ed .
21. The District Ju dg e or the District Mag istra te according as it is a civil or criminal case may, eithe r on his own motion or on the app lica tion of an y party , call for the record of any case which has been decided by the Gram Sabha Ad ala t and if it app ears to him th at a failu re of jus tice has occ urred, he may make such ord er in the case as he thinks fit.
Procedure 22. Th e procedu re to be followed by a Gram Sabli6 ^ ra n> Sabha A dalat in civil and crim inal cases and in the enfo rcement of its decisions, sentences, decrees and order s, the powers of a civil or crim inal cou rt which it may exercise and the fees to be levied by it in civil an d crim inal cases, shall be prescribed by rules made under this Act.
Allotm ent 23 . Notwi ths tan ding any thin g con tained in any oi land by )a w fo r the tim e being in force, the allotm ent of land ram abh a a Gr a m c ja n Village for cult ivat ion shall be subject to the following conditio ns, viz-—
(a) the allo ttee shall, unless specifically exem p.
ted by the Gram Sab ha, cultivate the land personally ;
(i) the allo tme nt shall not confer on the allo ttee any her itab le or tran sferable intere st in the lan d allo tted 5
(c) the land allo tted shall be surrendered to th e Gram Sab ha in case of general redi stribut ion or, if so required by i t ;
(d) on the dea th of the allo ttee , the allo tment shall stand cancelled.
i i
Explanation.—For the purposes of this section and of section 25, land shall no t be deem ed to be cul tiva ted personal ly unless the person himself or any mem ber of his family puts in such min imu m labour on the lan d, as may be mad e by the regu lations .
Disp utes re - 24 . (1) A Gram Sab ha on app lication made to it by fo tra ei it *0! a n a Sor ie v e d person may refer any disp ute reg ard ing land . allotm ent of land for arbi tra tio n by an Arbit rat ion Board .
(2 ) Every Arbit rat ion Board under sub section (1; shall consist of—
(i) one mem ber nom inated by the app lica nt, («) one mem ber nominat ed by the Gra m Sab ha, and
(iii) one mem ber nom inated joi ntly by the members referred t o in clauses (t) and (n) or if they do no t agree, by the prescribed authority .
(3) The decision of t he A rbi tra tion Board shall be binding on the parties.
Eviction of 25 . A Gram Sabha may evict any allo ttee from llo ttee . t h e [a n d a u o tted to him if he fails, wi tho ut suffi cient cause , to cul tiva te the land personally du rin g a perio d of two consecutive years.
Pow er of 26. Any sum due to Gram Sa bha shall, on a certifit ae h ? r a m c a t e issued to the Collector by the Gra m Sabha, be rec over dues r e c o v e r a ^ ' e b y ^he Col lector as an arr ea r of land revenue.
Act of G ram 27. No act or proceeding of a Gram Sab ha or Sab ha no t of any Comm ittee thereof, shall be deemed to be to be invals- i n v a ]ici by reason only of a defect in its con stit u tion or of any informal ity in its proceedings.
TH E GRAM NI DHI G ri m N id h i 28 . ( lj Every Gram Sab ha shall have its own Fund to be called Gram Nidhi and may accept g rant s, donations, bequests, gifts or loans from the Cen tral or the Sta te Governmen t or any local autho rity or any person for all or any of the purposes of this Act.
(2) All sums and moneys received by the Gram Sabha, including the profits of any cult ivat ion or any ente rpri se und ertake n by it and the ren t, fee or oth er charges levied on persons to whom lands are allo tted under this Act shall be cre dite d into the Gram Nidhi, 12 Application 29. Subject to the provisions of this Act, the NidhiG f a m G ) a m Nidhi shall be app lied by the G ram Sab ha for the purposes of this Act which shall include the main tena nce of des titu te children and old and disabled persons resid ing in the Gramdan Village.
B o rrowing 30. Subject to such rules as ma y be made in powers of this behalf, the Gra m Sabha shall have power to Gram S aM>a «fio r r o w m o n ey on the security of the G ram Nidhi or any proper ty other than land belonging to it for any of the purposes for which the Gram Nidhi may be appli ed. A Account* 31. Th e Gram Sabha shall cause accounts to be and audit. ke pt ° f all moneys received and expended by it and such accounts shall be aud ited every yea r by aud itors app oin ted by the Gra m Sabha with the previous app roval of the Governm ent.
MIS CELLAN EOUS Power te 32. Th e Governm ent, by notif icatio n in the exempt Offic ial Gazette , may rem it— fiom Stamp duty, etc. t [i e s t a r r ip j u t y w j{h which , under any law for the time being in force , any dec lara tion of dona tion under section 4 o r section 8 or any inst rum ent executed by or on behalf of a Gra m Sabha is charge able ;
(Z>) any fee payable by a Gra m Sab ha or any owner who donates land under section 4 or section 8, under the law of regis tration for the time being in force.
. .. . 33. (1) The Governmen t at the reque st of a of P Paimha-n G r a m Sab ha and after consult atio n with the Gaon Pan- & yat law tc cha yat within whose ter rito ria l jur isd iction the Gram Gram Sabha funct ions may, by notifica tion in the Official "a h a - Gazett e, declare that the Gr am Sabha shall exercise all the powers an d discharge all the duties and functions of the Panch aya t or exercise such of the powers and discharge such o f the duties and functions of the Pan cha yat in rela tion to the revenue village as may be specified in the notif icatio n.
(2 ) Upo n the issue of a notification under sub section —
(a) if all the powers and duties and functions of the Gaon Panch aya t are to be exercised a nd discharged by the Gram Sabha— (») the Gao n Panchayat which funct ioned immedia tely before the da te of notification shall, in rela tion to the reve nue village, cease to funct ion therein.
13
(it) all the powers, duti es and functions attach - Assam Act ing to the Gaon Panchayat und er the Assam Pan - -^ IV o l chayat Act, 1959, shall, in relation to the reve nue village, att ach to the Gram Sab ha and acco rding ly, the Gra m Sab ha shal l exercise the powers and discharge the dutie s and functions aforesaid ;
(tit) the provisions of the Assam Panchayat Assam Act Act, 1959, shall, subject to such restr ictio ns and XXIV of modifications as the Governm ent may specify in the noti ficat ion, app ly to the Gram Sabha as if it were r a Pan cha yat constitu ted under the law for th at reve nue v illage ;
(r») the Gra m Sab ha shall be ent itle d to all the assets an d be subje ct to all liabilities of the Pa n chaya t as on the da te of the not ifica tion in so far as such assets and liabi litie s are relata ble to the revenue vi lla ge :
Provided th at the minor ha t situat ed within the area of a Gram Sabha shall continue to be man aged by the Gao n Pan cha yat wi thin whose te rr i torial jur isd ict ion such min or ha t lies, and a pr o por tion of the income the reo f shall be given to the Gram Sabha acco rding to the rat io the population of the Gram Sab ha bear s to the whole population of the G aon Panchaya t area ;
(b) in any oth er case—
(i) the Panch aya t shall cease to exercise the powers and perfo rm the duti es and funct ions specified in the notification in rela tion to the are a within the jur isd ict ion of the Gra m Sabha ;
(it) the powers, duties and funct ions so speci- -S fied wh ich attach ed to the Pan cha yat shall in rela tion to the are a aforesaid att ach to the Gram Sabha and accordingly, the Gra m Sabha shall exercise these powers and discharg e these duties and funct ions ;
(iii) the provisions of the Assam Pan cha yat Assam Act Act, 1959 sha ll, subject to the restri ctions and modi - XX IV of locations specified in the notification, app ly to the Gra m Sab ha as if it were a panchaya t constitu ted under the Assam Panch aya t Act of 1959 for these purposes ;
(w) the Gra m Sabha shall be ent itle d to such of the assets and be subjec t to such of th e liabil ities of the Pancha yat as on the date of notif icatio n as may be specified in th at notif icatio n.
14
(3) Any notification issued under sub-section (1) may contain such supplemental, incidental and con sequential provisions as the Government may deem necessary, and in particular, may direct—
(i) that any tax, fee or other sum due to the Panchayat s! all be payable to the Gram babha :
(ii) that appeals, petitions or other applications with reference to any such tax, fee or sum which are pending on the date of such notification shall be disposed o f by the Gram Sabha.
Power to 34. (i) The Governm ent may, by notification make rules. jn j|i e Officia l Gaze tte, make rules to carry out the purposes o f this Act.
(2) In particular and without prejudice to the genera lity of the foregoing power, such rules may provide for— (ay the form of declarations under this Act and the documents to be filed along with them ;
(A) the authorities before which declarations and objections under this Act may be filed ;
(c) the nature, scope and manner of enquiries, and the hearing and disposal o f objections, under this Act ;
(</) the manner of preferring appeals under this Ac t, the authorities to whom they m ay be pre ferred and the procedure for hearing and disposal of such appeals ;
(«) the manner in which and the intervals at which the register of members may be revised and brought up-to-date ;
(f ) the procedure to be followed by a Gram Sabha Adalat in the institution, trial and disposal of civil and criminal cases ;
(g) the issue, service and execution of sum mons and other processes and notices of a Gram Sabha and Gram Sabha Adalat ;
(A) the procedure for the execution of decrees, rders and sentences of a Gram Sabha Adalat ;
(») the fees to be levied by a Gram Sabha Adalat for institution of cases, for the issue of processes and for obtaining copies of documents and other matters ;
15 Po*v:r m ak e r fciofitJ.
( j ) the manner of borro wing moneys by a Gram Sab ha and borrow ing lim its ; and (A) any other ma tte r that is to be or may be presc ribed .
(3) All rules made under this Act shall be laid for not less than four teen days before the Legis lative Assembly as soon as may be afte r they are made, and shall be subje ct to such modifications as the Assembly may make during the session in which they are so la id or the session imm edia tely fo llowing,
35. (1) The Gram Sabha may , wi th the pre vious sanc tion of the Government, make regulatio ns n ot *o inconsis tent with this Act or the roles made theret g u a'und er to provide for all ma tter s for which provision is necessary for the purpose of giving effect to the provisions of this Act.
(2) In pa rti cu lar and withou t pre jud ice to the gene rali ty of the foregoing power, such regulation?
may prov ide for—
(a) the meetings of the Grain Sabha, the conduc t of business the rea t and the procedure for disposal o f its business 5 (A) the elect ion of President ;
(c) the powers and duties of the Pres ident and the Secretary ;
(d) the circumstances and the manner in which the Pres iden t may be removed from office ;
(e) the constitu tion of standing and ad-hoc committees , the ir powers and duties, the term of office of members and the conduc t of the ir business and the circumstances a nd the ma nner in which a com mit tee may be dissolved or reco nst itut ed ;
( / ) the a ppoin tment , rem unera tion and con* ditions of service of the Sec reta ry and oth er officers and servants of the Gra m Sabha and the circum stances in which they may be removed from service and the ma nner of such removal ;
(g) the maintena nce of the acco unts of the Gram Sabha ;
(A) the p rinciples to be followed in the allot ment of land and the levy of ren t, fees or other charges for such allo tment ;
(/) the ma nner in which lands, if any , set ap ar t for cult ivat ion by the Gra m Sabha itself shall be cul tiva ted ; and
(j) any oth er ma tte r for which provision is necessary for the purpose of enabling the Gram Sab ha to discharg e its duties and functions under this Act.