West Bengal Act XXVII of 1964
THE WEST BENGAL GRAMDAN ACT, 1064.
[Passed by the West Bengal Legislature.] [Assent of the President was first published in the Calcutta Gazette. Extra- ordinary. of the 4th January, 1965.]
[4th January, 1965.]
'An Act to provide for the establishment of gramdan villages and for matters ancillary thereto.
WHEREAS it is expedient to provide for the establishment of gramdan villages in pursuance of the Bhudan Yagna movement as initiated by Acharya Vinoba Bhave and matters ancillary thereto;
It is hereby enacted in the Fifteenth Year of the
Republic of India, by the Legislature of West Bengal, as follows:—
CHAPTER I.
Preliminary.
1. (1) This Act may be called the West Bengal Gramdan Short Ad, 1964.
title, extent
(2) It extends to the whole of West Bengal. and comment**
meat.
(3) It shall come into force at once.
2. (1) In this Act, unless the context otherwise Definition' requires,—
(a) "adult" means a person who has completed twenty- one years of age;
(b) "allottee" means a person to whom land has been allotted for cultivation by a Gram Parishad under section 17;
(o) "bargadar" means a person who under the system generally known as adhi, barga or bhag cultivates the land of another person on condition of delivering a share of the produce of ouch land to that person;
(d) "common land" in a village means waste land owned by the State Government and includes land used or reserved for use for the common purposes of the village;
"donor" means a person who has donated land by way of graandan under section 4 or section 7;
(f) "family" means a set of persons of near relation- ship ,to one another living together in commen- sality and includes the dependants of such persons living with them;
(e)
1
2 The West Bengal Gramdan. dot, 1964. (Chapter 1.--iPreliminary.) [West Ben. Act
(g) "gramdan" means a donation of land situated in a village which is made voluntarily for the purposes of this Act;
ih) "gramdan village" means a village or a part of a village declared to - be a gramdan village under section 5;
(i) "Gram Panohavat" means a Gram Panchayat constituted under the West Bengal Panchayat West Ben. Act, 1957; Aot I of 1957.
(j) "Gram Parishad" means a Gram Parishad estab- lished under section 8;
(k) "head of family" means the senior male member of a family who manages its affairs;
(Z) "land" does not include homestead land;
(m) "landless persons" includes a person owning land not exceeding such limit as may be determined by the Gram Pariahad of the gramdan village coneerned;
(n) "owner" means—
(i) in relation to land held by a tenant with perma- nent or alienable interest in the land, the tenant; .
(ii) in relation to land held under a grant, lease or assignment from the State Government, the holder ; and
(iii) in relation to any other land, the person to whom the land belongs;
(o) "prescribed" means prescribed by rules made under this Act ;
(p) "prescribed authority" means an authority appointed by the State Government, by noti- fication in the Offkcial Gazette, for all or any of the purposes of this Act ;
(q) "regulations" means regulations made by a Gram Parishad under this Act;
(r) "village" means an area defined, surveyed and recorded as a distinct and separate village in the revenue records of the district in which it is situate.
(2) The expression signifying 'residing' in a village or a part of a village means residing ordinarily in such village or such part, and the expression 'resident' shall be construed accordingly.
2
The West Bengal Gramdan. Aet, 1964. 3 XXVII of 11104.1
(Chapter 1.—Prelimnary.—Seetion 3.—Chapter 11.—The Gramdan Village.—Seetion 4.)
3. The provisions of this Act shall have effect notwith- standing anything to the contrary in any other law for the time beim in force.
CHAPTER II.
The Gramdan Village.
4. (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 con- ferring 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.
3
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, 'ha1hi'
-void and inoperative. If I I ii tp 1' r ( I inuriA in its..}.eet .i.:. Iii it ill'Clarti- linOor ,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."11 7. 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 conspi- caw( 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 notilioa- i 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 declara- tions 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 Govern- ment may also, in the like manner, cancel such notification whereupon all the rights of the Gram Parishad over such common lands shall cease.
7. (1) Any owner of land, not being a minor, holding land in a gramdan village for which a Gram Parishad has been established may, by declaration made to the prescribed authority in the prescribed manner, donate all his lands in the gramdan village, and upon the declaration being confirmed in the manner referred to in sub-section (2), the right, title and interest of the donor in respect of the lands donated shall be deemed to have been duly transferred to and shall vest in the Gram Parishad.
(2) The provisions of sub-sections (2), (3), (4), (6) and
(6) of section 4 shall apply to a declaration uncler this section, as they apply to a declaration under sub-section (1) of section 4:
Provided 'that no declaration shall be confirmed by the prescribed authority without the approval of the gram Parishad.
Donation
of land
in a
gram ie»
village.
CHAPTER III.
The Grain Parishad.
8. (1) The State Government shall, by notification in Establiith• the Official Gazette, establish, with effect from the date men, sad specified in the notification under sub-section (1) of section 5, LtirurPc'olt a Gram Parishad for the gramdan village.
Gran Periekad.
5
8 The West Bengal (Iramdan Act, 1964. Mast But. Act
(Chapter M.—The Gram Parishad.--Sections 9-13.)
(2) The Gram Parishad shall be a body corporate having perpetual succession and a common seal with power to enter into contracts and, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and shall by its name sue and be sued. Clonsposi. 8. Every adult residing in the gramdan village shall mon
m
of a be a member of the Gram Parishad: Gra
Parishad. Provided that a retson shall be disqualified for beinbg a member of the Gram Parishad, if he—
(i) is not a citizen of India, or
(ii) has been adjudged by a competent Court to be of unsound mind.
10. (1) On the establishment of a Gram Parishad the prescribed authority shall cause to be prepared a register in the prescribed form of all members of .the Gram Parishad.
(2) The register prepared under subseetion. (1) shall be revised and brought up to date at such intervals and in such manner as may be prescribed.
11. (1) A Gram Parishad shall elect in the prescribed manner a President from among its members.
(2) The President shall perform such functions, exercise such powers and discharge such duties as may be provided by regulations.
(3) The term of office of the President shall be three years.
(4) A Gram Parishad may in such circumstances and in such manner as may be prescribed remove the President fi om office.
Commit. 12. (1) A Gram Parishad may constitute—
Grantf (a) standing committees for performing such functions Parishad.
of the Gram Parishad as may be provided by regulations;
(b) ad hoc committees for inquiring into or reporting and advising on any matter which the Gram Parishad may refer to them.
(2) A Gram Parishad may dissolve or recongtitute committees referred to in sub-section (1) in such cir- cumstances and in such manner as may be provided by regulations.
and
Ileeretery 13. A Gram Parishad may appoint— other
oftleers of (a) a Secretary who shall exercise such powers and dis- Grass
charge such duties as may be provided by Perished. regulations or as may be delegated to him by the President;
(b) such other officers and servants as may be necessary for the due performance of the functions of the Gram Parishad.
Register of
members.
President.
of Gram
Parishad.
6
The West Bengal Graindalt Act, 1964. 7 XXVII of 1964.1
(Chapter Ill.—The Gram Parishad.—Sections 14-18.)
14. Notwithstanding anything contained elsewhere in this Act, a person shall be disqualified for—
(a) being elected President of the Gram Parishad, or
(b) being appointed member of any standing committee or ad hoc committee constituted by the Gram Parishad, or
(a) being appointed Secretary of the Gram Parishad, if such person has been convicted by a Court of an offence which is declared by the State Government to be an offence involving moral turpitude, unless the State Government has, on sufficient cause being shown, removed the disquali- fication by an order made in this behalf.
15. Subject to the provisions of the rules, if any, made in this behalf, the business of a Gram Parishad, and its committees shall be conducted in such manner as may be provided by regulations.
16. (1) A Gram. Parishad shall constitute a land pool with not less than five per cent. of the total area of lands vested in it for the benefit of the landless persons residing in the gramdan village.
(2) A portion of land donated by each donor shall be treated as his contribution to the land pool.
(3) The Gram Parishad shall determine the extent of contribution of land by a donor to the land pool and in doing so shall have regard to the total area of the land. donated by him.
Disqualifi.
ration for
being eleo-
ted Presi-
dent or
appointed
member of
committee
or Secreta-
ry-
Condnot of
business.
Lead pool.
17. (1) A Gram Parishad shall allot for cultivation to each donor all the lands donated by him excluding the portion of the land contributed to the land pool.
(2) A Gram Parishad may allot from the land pool land for cultivation to such landless persons residing in the gramdan village as it thinks fit.
(.3) An allottee under sub-section (I) or sub-section (2) shall be liable to pay such rent and other charges to the Gram Parishad as may be fixed by it.
18. An allotment of land in the gramdan village by the ciongitiess Gram Parishad shall be subject to the following conditions, of namely allotment of land
w) the allottee shall cultivate the land personally or
.
through a bargadar who must be a resident of the gramdan village:
Provided that if the land has been under cultivation by a hargadar, who is not a resident of the gramdan village, from before the commence- ment of this Act, it may continue to be culti- vated by such bargadar:
Allotaseat
of lead.
7
The West Bengal Gramdan Actt, 1964. [West Ben. Act
(Chapter In.—The Gram Parishad.—Sections 19-20.) Provided further that if at the time of the allotment the land has been under cultivation by a bargadar, whether he is a resident of the grandam village or not, his cultivation shall not be terminated by the allottee except on the grounds and in th.e manner mentioned in section 17 of the West Bengal Land Reforms West Ben. Act, 1956; Act x of
1958.
Explanation.—An allottee shall not be deemed to have cultivated the land personally unless he or any member of his family puts in labour on the land in any process, of cultivation;
(b) the interest of the allottee in the land allotted shall be heritable in the same manner as other immov- able property, but no transfer by the allottee of such interest shall be valid unless made to a member of the Gram Perished, and with the consent of the Gram Perished;
(c) the allottee may surrender the land to the Gram Perished for consideration on such terms and conditions as may be agreed upon by them. Power to
eviot
glottal).
Annual
oontrilm-
don to
shad.
19. If any allotee of land contravenes the provisions of clause (a) of section 18, or fails without sufficient cause to cultivate the land for two consecutive years, the Gram Perished may make an application to the presCribed authority for cancelling the allotment, and the prescribed authority may, after such inquiry as it deems fit, cancel the allotment and restore possession of the land to the Gram Perished after ejecting the allottee or any other person in possession therefrom.
20. (1) Subject to the provisions of sub-section (2)—
(a) every allottee shall contribute annually to the Gram Perished one-fortieth part of the produce of the land allotted to him, if such land is cultivated by him personally, or one-thirtieth part of his share of such produce, if such land is cultivated through a bargadar;
(b) if an allottee who resides in the vandal& village owns any land outside such village, he shall, in addition to the contribution referred to in clause (a), contribute annually to the Gram Perished one-fiftieth part of the produce of such land, if such land is cultivated by him personally, or one-fortieth part of his share of such produce, if such land is cultivated through a barge ler;
8
The West Bengal Gramdan Act, 1964.
9
XXVU of 15114.] (Chapter 111.—The Gram Parishad.--,Section 21.) if a member of the Gram Parishad, who has made the declaration referred to in clause (o) of sub- section (1) of section 5, cultivates as a bargadar any land in the gramdan village or outside it, he shall contribute annually to the Gram Parishad one-thirtieth part of his share of the produce of such land; and
if a member of the Gram Parishad, who has made the declaration referred to in clause (c) of sub- section (1) of section 5, is not required to make any contribution under clause (a), clause (b) or clause (c), he shall contribute annually to the Gram Parishad one-thirtieth part of his total net annual income in such monthly or quarterly instalments as may be convenient to him,
(2) The Gram Parishad may, if it thinks fit to do so after considering the circumstances of any person liable to make a contribution under sub-section (1), reduce the rate or quantum of the contribu- tion to be made by him to the Gram Parishad.
21. (1) The Gram Parishad shall have power to manage the lands vested in it and to do all other things incidental thereto in the interest and for the benefit of the members of the Gram Parishad.
(2) In particular aid without prejudice to the •generality of the foregoing power, the Gram Parishad may—
(a) arrange for the proper cultivation of the lands;
(b) set apart lands for the common purposes of the village;
(c) grant loans to the allottees of lands for purposes of cultivation;
take measures for the improvement of lauds and reclamation of waste lands including measures for the improvement of methods of cultivation;
(e) consolidate lands in the gramdan village by exchange of lands or otherwise;
(f) undertake any agricultural or non-agricultural enterprise in the interest of the residents of the gramdan village;
apportion the produce of or income from the lands between the allottees and the Gram Parishad; and
(h) perform such other functions as may he authorised by the State Government by notification in the Official Gazette.
(0)
(d) (d)
(9)
Powers and
funotions of the Grant Parishad.
Power of Gram
Porithod to
recover dues. Gram Adalat. 10 The West Bengal Gramdan Act, 1964. [West BM Ad
(Chapter 11 I.—The Gram Parishad.--Section 22.—Chapter
IV. The Gram Adalat.—Seotions 23, 24.—Chapter V.—The Gram Nidhi.—Sections 25, 26.)
22. Any sum due to a Gram Parishad shall be recover- able upon requisition by the Gram Parishad as an arrear of land revenue.
CHAPTER IV.
The Gram Adalat.
23. (1) The State Government may establish a Gram Adalat for a gramdan village consisting of such number of members of the Gram Parishad and in such manner as may be prescribed.
(2) The Gram Adalat shall have power to try and dispose of—
any dispute of a civil nature between residents of the gramdan village which the parties have, by a written agreement, referred to the Gram Adalat for decision;
(b) any dispute regarding allotment of land by the Gram Parishad or the apportionment of produce of land between the Gram Parishad and an allottee.
(3) No other Court shall have jurisdiction to try any suit in respect of a dispute referred to in clause (a) or clause
(b) of sub-section (2).
(4) The procedure to be followed iy the Gram Adalat and the fees to be levied by it shall be prescribed by rules made under this Act.
Revision. 24. The District Judge having jurisdiction over a gramdan village may of his own motion, or on the application of any party, call for the record of a case decided by the Gram Adalat of the gramdan village, and if it appears to him that a failure of justice has occurred, he may make such order in the case as he thinks fit.
CHAPTER V.
Gram
Applies. Sion of Gros
Nidhi. The Gram Nidhi.
25. Every Gram Parishad shall have a fund to begcalled the Gram Nidhi and all moneys received by the Gram Parishad on any account whatsoever shall be credited to, and all expenditure incurred by the Gram Parishad shall be paid out of, such fund.
28. Subject to the provisions of this Act, the Gram Nidhi shall be applied by the Gram Parishad for purposes of this Act including the maintenance of destitute children and poor and disabled persons residing in the gramdan village.
tag)
10
The West Bengal Gramdan Act, 1964. 11 XXVil of 1994.1
(Chapter V.—The Gram Nidhi.—Sections 27-29.—Chapter V I.—Miscellaneous—Sections 30, 31.)
27. A Gram Parishad may received grants, donations. bequests, gifts or loans from the Central or the State Govern- ment or any local authority or any person for all or any of the purposes of this Act.
28. Subject to such rules as may be made in this behalf, the Gram. Parishad shall have power to borrow money on the security of the Gram Nidhi or any property other than land belonging to it for any of the purposes for which the Gram Nidhi may be applied.
Power to
receive
grants.
eta.
Power to
borrow.
29. The accounts of the Gram Nidhi shall be kept and Accounts audited in such manner as may be prescribed. and audit.
CHAPTER VI.
Miscellaneous.
30. (1) The State Government may, by notification in Power of the Official Gazette, remit—
State Gov. ernment to
(a) the stamp duty with which, under the law for the remit cer- time being in force, any declaration of donation rinses:I:3i under section 4 or section 7 is chargeable;
(b) the stamp duty (other than stamp duties falling within entry 91 or entry 96 in List I in the Seventh Schedule to the Constitution) in respect of any instrument executed by, or on behalf of, a Gram. Parishad in cases where, but for such remission, the Gram Parishad would be liable to pay the stamp duty chargeable under any law for the time being in force in respect of such instru- ment; and
any fee payable by a Gram Parishad or any owner who donates land under section 4 or section 7 under any law for the time being in force for the registration of documents.
(2) The State Government may by general or special order in the. case of any Gram Parishad remit any other duty, tax or fee payable by such Gram Parishad under any law for the time being in force which the State Government is competent to remit.
(e)
West Ben. Aot I
of 1957.
31. (1) The State Government may, at the request of a Gram Parishad and after consultation with the Gram Panchayat having jurisdiction over the gramdan village of the Gram Parishad concerned, declare, by notification in the Official Gazette, that the Gram Parishad shall exercise all the powers and perform all the duties and functions of the Gram Panchayat under the West Bengal Panchayat Act, 1957, or exercise such of the powers and perform such of the duties and functions of the Gram Panchayat as may he specified in the notification, in relation to the gramdan village. Gram
Paridied
may be
empowered
to act
as Gram
Panchayat
for the
vandals
village.
11
12 The West Bengal Gramdan Act, 1964. Mut Bo. Aet
(Chapter VI .—Mtiscellaneous.--Section 32.)
(2) Upon the issue of a notification under sub-section (1) the following consequences shall ensue:—
(a) if all the powers and duties and functions of the Gram Panchayat are to be exercised and performed by the Gram Parishad—
(i) the Gram Panchayat which functioned immediately before the notification shall, in relation to the gramdan village, cease to function therein; (zi) the Grain Parishad shall exercise all the powers and perform all the duties and functions of the Gram Panchayat in relation to the gramdan village;
(iii) the provisions of the West Bengal Panchayat Act, 1957, shall, subject to such restrictions and modifications as the State Government may specify in the notification, apply to the Gram Parishad as if it were a Gram Panchayat constituted under the said Act for the gramdan village;
(b1 in any other case—
(i) the Grain Panchayat shall cease to exercise the powers and perform the duties and functions specified in the notification in relation to the gramdan village;
(ii) the powers, duties and functions so specified shall be exercised and performed by the Gram Parishad in relation to the gramdan village;
(iii) the provisions of the West Bengal Panchayat Act, 1957, shall, subject to restrictions and modifi- cations specified in the notification, apply to the Gram Parishad as if it were a Gram Panchayat constituted under the said Act for the gramdan village for the specified purposes.
43) Any notification issued under sub-section (1) may contain such supplemental, incidental and consequential provisions as the State Government may deem necessary. West Ban.
Aa6 I
of 1957.
Super-
session
of Gram
Parishad.
32. (1) If, in the opinion of the State Government, a Gram Parishad—
(a) is not competent to perform, or persistently makes default in performing, the duties imposed upon it by this Act, or
(b) has exceeded or abused the powers conferred upon it by this Act, or
(c) is not functioning in a manner consistent with the provisions of this Act or the rules framed thereunder,
12
The West Bengal Gra,mdan Adt, 1964. 13 XXVII Of 111041.)
(Chapter V1.—Afliscellaneous.—Section 33.) the State Government may, after giving the Gram Parishad an opportunity of being heard, supersede it, by notification in the Official Gazette, for such period, not exceeding one year at a time, as the State Government may think fit.
(2) Upon supersession of a Gram Parishad under sub- section (1)—
(a) the President and members of all committees constituted by the Gram, Parishad shall vacate their office;
( b) r..11 the powers and duties of the Grain Parishad be exercised and performed by such person
or persons as the State Government may from time to time appoint in this behalf ;
(r) all properties vest3d in the Gram Parishad and the Gram Nidhi shall,. during the period of super- session, be vested in the State Government;
(d) the Gram Adalat established for the gramdan village shall cease to function and all pending suits and cases- shall stand transferred to courts of competent jurisdiction.
(3) The State Government may, if it considers necessary
so to do, extend or modify the period of supersession specified in the notification:
Provided that the period of supersession shall not be extended by more than one year at a time.
(4) On the expiration of the period of supersession as originally specified or extended, the Gram Parishad shall resume its functions and elect its President and constitute its committees, and the State Government shall establish the Gram Adalat in the manner provided in this Act.
(5) The income derived from the gramdan village during the period of supersession shall be used in defraying the costs of management and liquidating the liabilities of the Gram Parishad and the balance, if any, shall be credited to the Gram Nidhi.
33. (1) The State Government may, after previous publication, make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power such rules may provide for all or any of the following matters, namely : —
(a) the form of declarations under this Act and the documents to be filed along with them;
(b) the authorities before which declarations and objections under this Act shall be filed; Power to
make
roles.
13
14 The West Bengal Gramdan Act, 1964. - [West Ben. Act
(Chapter VI.—Miscetlaneotss—Seettion 34.)
(c) the manner of inquiries and the hearing and dis- posal of objections under this Aot;
(d) the manner of preferring appeals, the authorities to whom they may be preferred and the procedure for hearing and disposal of such appeals;
(e) the revision of the register of members; (/) the issue, service and execution of summons, notices and other processes of a Gram Parishad and Gram Adalat;
(g) ithe procedure to be followed by a Gram Adalat for hearing of cases and for execution of decisions and orders;
(h) the fees to be levied by Gram Ada /at;
(j) the manner in which and conditions under which a Gram Parishad may borrow money;
(j) the maintenance and auditing of the accounts of the Gram Nifihi; and
(k) any other matter required to be prescribed or pro- vided or made by rules.
34. (1) The Gram Parishad may, with the previous approval of the State Government, make regulations, not inconsistent with this Act or the rules made thereunder, for discharging its functions under this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for the following matters, namely :—
(a) the meetings of the Grain Parishad, the conduct of business thereat and the procedure for the dis- posal of its business;
(b) the election of the President;
(c) the powers and duties of the President and' the Secretary;
(d) the circumstances and the manner in which the President may be removed from office;
(e) the constitution of standing and ad hoc committees, their powers and duties and terms of office, the conduct of business by committees, and the cir- ournstances and the manner in which a committee may be dissolved or reconstituted;
(f) the 'appointment, remuneration and conditions of service of the Secretary and other officers and servants of the Gram Parishad;
14
rks West Beysgai Gramdan AO, 1904. lli XXYII si 1111114.1
(Chapter P1 .—Misoellasteous.)
(g) the principles to be followed in determining eontri- bution of land by a donor to the land pool; (Is) the principles to be followed in the allotment of land and the levy of rent, fees or other charges for such allotment;
(s) any other matter for which provision is neeessary for the purpose of enabling the Gram Poriehmel to perform its functions under this A.t. W 110111%.1141,1..4441 .1 lit
15