(1) If any owner of land, not being a minor, desires to donate by way of graradan all his lands in a village, he may file a declaration in the prescribed form before the prescribed authority.
(2) A declaration under sub-section (1) shall not be valid unless it is made
(a) in the case of land subject to mortgage, by the mortgagor and the mortgagee jointly ; and
(b) in the case of land held under a grant, lease or assignment from the State Government not conferring permanent or alienable interest, with the previous approval of the State Government.
(3) Every declaration under sub-section (1) shall be published in such manner as may be prescribed together with a notice in the prescribed form requiring all persons interested in the land, in respect of which the declaration has been made, to submit their objections, if any, in writing to the prescribed authority within forty-five days of the publication of the declaration.
(4) On the expiry of the period specified in sub-section
(3), the prescribed authority may, after considering the objections, if any, and after making such further enquiries as it may think fit, by order, either confirm the declaration or refuse to confirm it.
(5) Any person aggrieved by an order of the prescribed authority under sub-section (4) may file an appeal from such order to the appellate authority prescribed in this behalf within sixty days from the date of the order, and subject to the decision of the appeal the order of the prescribed authority shall be final.
(6') A declaration which the prescribed authority has, by order, refused to confirm under sub-section (4) shall be of no force or effect.
(7) Where any land has been donated by way of gramdan before the commencement of this Act, any person may file a statement in the prescribed form before the prescribed authority giving particulars in respect of such land, and thereupon, the provisions of sub-sections (3), (4), (5) and (6) shalt, so far as may be, apply to such statement.
(8) No owner of land who has filed a declaration in respect of his land under sub-section (1) shall be competent to transfer, or create any encumbrance on, the land unless A.st to overrlde other laws.
Donation of land by way of gramdan.
E'ioct, of.
(1,-ylo.rat t ufndan village.
4 The Wcst Ben gni G-ramdan Act 1964.
[West Ben. Ac ph r if ,-- 7' he Indan Vilta9e.---Sections 6) tinder 31.1.1)-:.:(C601.1 refusing to vonii t'i-Ittalion, or an order under sub-section (:1) the village in which the land is noi qualified to be a g ram(' an village, has been ol:1 d I.,wJtiHoer k earlier. Any transfer /made or ellen Ill hrn lice created in contravention of this sub.seetion, 'ha1 hi' -void and inoperative.
If I I ii tp 1' r ( I inuriA in its..}.eet .i.:. Iii it ill'ClartilinOor ,c, 'Llt.,n 4 have , eenfirrited 11 i uall 1 ,1 r t ilk- fotiti art!a.pc - - of LItit',, In ..tt..lt Village or sueb part owittql by the re-,idelit.,.., therr-of nu to her o; itirtm.,, whomy thei a Ut t it..to. 'under :,t ,,•1 inn 1 ha \ e !teen confirmed is i1 ,1- 'than . a , ,tv, it otf htn. kd. 1...,....idi t o iiiiit v."117. i it'(t....!tl:
,eventiv-iive ..,i•r t'utt. , of. 11“, to I t....it i.t t ,..-.) not .14':f- ( littai:y- f. au, inalLt ...)1: per ,..,..!..n.
in k-... rf ‘,. ILA ,,H`lt village .-,tielt part ha Ve -1.!;( . ..1 Mi h. r.'o'IIhP(l It OM nll (I outliner to p;Irricipitte in a. enfolnunity based it grant (tan ;
1 autl,erily tIIt\. atter taiikinp: UP inquiry III te, lit it ht, ..t.....1.1hed, l.,,. not , oil III the , dei-Itti., itcli vil.ktgo of stit•h p-ort, in he a t , t t.! ,•1 roil: the I.e o••t•i lied in. stitdi 1'yin:we ;W:tii dv:•1:17.e11 10 tit) 10-s the nitmher I here: ii ii one huntived Iii 01.0.
411a ti1 !tip aii,qk under f*:11b-;-isri Mt( f'1') Shall he d t s,". plaee itt the village and .111 conspicaw( Ha, it) the oiliecs III the Collecior ill the tiktrict and • .! In] i-iontt; I ;Ili it' I 01 1ht, 1,V) thin w 1-rich the vffi: .1%inlet. Nod the sol),..;tanco t.if evt'ry suth notilioai ion ,11:01 1 t owniioned LI; are not :way he presc.ribt,d, the
111111.r:1 2, may &clan) in the manner prescribed iii.' aarl a the. viLlage. a,; the eas- may no; qualf iii he i gramdan vii1ae. anti thereupon d.- 'Jnrii.i4t1) 1 111(le r F...c,tion 4 shall, notwithstanding that f'IMfirlited under roth-sectiott (4) of that; eeetion„ to have orfert.
6. With efieei -Fr(lm tLi, dale front P hich q- a part o f n v ilLge det.larod to be a gronittav village by wrtifieHiorL unlder suh-s4.1ction (.1) e.f Sectiorl b- 11,{11)..t•f The West Bengal Gramdan Act, 1964. 6 Xxvii of 19114.]
(Chapter ,11.—The Gramdan Village.—Section 7.—Charter
111.—The Grain Parishad.—Section 8.)
(a) all, rights, title and interests of persons whose declarations have been confirmed under section 4 in respect of the lands covered by such declarations shall stand transferred to and vest in the Gram Parishad established for the gramdan village;
(b) the Gra4n, Parishad shall be liable to pay the land revenue or rent and other ceases and rates in respect of the lands vesting in the Gram Parishad falling due on, before or after the date of such vesting and shall, also be liable for any mortgage subsisting in respect of such lands on the date of such vesting:
Provided, however, that the Gram Parishad shall be entitled to recover, in such instalments as it may fix, all amounts paid by it on account of any mortgage existing on such lands from the persons who donated such lands.
(2) The State Government may from time to time, by notification in the Official Gazette, transfer to the Gram Parishad for management, such common lands in the village as may be specified in the notification on such terms and conditions as may be specified therein. The State Government may also, in the like manner, cancel such notification whereupon all the rights of the Gram Parishad over such common lands shall cease.