GOVERNMENT OF MAHARASHTRA
LAW AND JUDICIARY DEPARTMENT

MAHARASHTRA  ACT  NO.  XXIII  OF  1965.

THE  MAHARASHTRA  GRAMDAN  ACT,  1964.

(As  modified  upto  the  7th  December,  2012)

*

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1965 : Mah. XXIII]

 (i)

THE MAHARASHTRA GRAMDAN ACT,  1964

PREAMBLE.
SECTIONS.

-------------

CONTENTS

CHAPTER  I.
PRELIMINARY.

Short  title,  extent  and  commencement.

1.
2. Definitions.
3. Act  to  have  overriding  effect.

CHAPTER  II.
GRAMDAN VILLAGE.

4. Declaration  of  village  as Gramdan  Village.
5. Declaration  of  voluntary  transfer  of  lands  by  way  of Gramdan.
6. Collector to hold meeting of Gram Sabha constituted under Panchayats Act to
ascertain  if  majority  of  person  residing  in  village  or  donating  land  are  willing
to  join Gramdan  community.
Prohibition  against  transfer  of  lands.
7.
8. Effect  of  declaration  as Gramdan  village.

CHAPTER  III.
CONSTITUTION OF GRAMDAN MANDAL.

9. Gram  Mandal.

10. Register of member.
11. Election and terms of office of President and Vice-President of Gram Mandal.
12. Resignation  of  President  and  Vice-President.
13. Removal  of  President  and  Vice-President.
14. Vacancy  in  office  of  President  or  Vice-President.
15. Committees.
16. Executive  Committee.
17. Appointment  of  functional  and  other  committees.
18. Term  of  office  of  members  of  Executive  Committee,  resignations,  etc.
19.
20. Conduct  of  business  of Gram  Mandal  and  Committees.
21. Officers  and  employees  of Gram  Mandal.

Powers  and  duties  of  Executive  Committee.

CHAPTER  IV.
ESTABLISHMENT OF MAHARASHTRA GRAMDAN BOARD AND GRAM SAMITIS.

22. Maharashtra Gramdan  Board  and  its  functions.
23. Establishment  of Gram  Samitis.

H  165-1

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Maharashtra  Gramdan  Act,  1964

[1965 : Mah. XXIII

SECTIONS

CONTENTS—Contd.

CHAPTER  V.
CONSTITUTION OF LAND-POOL AND DISTRIBUTION OF LAND.

Power  of Mandal to  grant  leases.

24. Land-Pool.
25.
26. Distribution  of  land  on  lease.
27. Condition  of  lease.

CHAPTER  VI.
POWERS AND FUNCTIONS OF GRAM MANDAL.

28.
29.

Powers  and  functions  of Gram  Mandal.
Power  of Gram  Mandal to  accept  donations  of  land  after  establishment  of
Gramdan Village.
Power  of Mandal to  cancel  lease,  etc.
Power to borrow.

30.
31.
32. Gram  Mandal to  recover  dues  as  arrears  of  land  revenue.

CHAPTER  VII.
GRAM NIDHI.

33. Gram  Nidhi.
34. Application  of Gram  Nidhi.
35. Accounts  and  audit.

35A. Liability  of  members  for  loss,  waste,  mis-application.

CHAPTER  VIII.
MISCELLANEOUS.

36. Restriction on sale of lands held by Gram Mandal, Gramdan Kisan or landless

person.

Power  to  exempt  from  stamp  duty,  etc.

37. Registration  of Gram  Mandal as  co-operative  society.
38.
39. Gram  Mandal to  be  empowered  to  function  as panchayat.
President  of Gram  Mandal, etc.,  to  be  public  servants.
40.
Power  to  delegate.
41.
42.
Supersession  of  a Gram  Mandal.
43. Rules.
44. Regulations.
45. Laying  of  orders  and  rules  before  Legislature.
46. Amendment  of  Mah.  V  of  1962.

—————

 MAHARASHTRA ACT No. XXIII of  1965.1

[THE MAHARASHTRA GRAMDAN ACT, 1964]

[Received  the  assent  of  the  President  on  the  10th  March  1965;  assent  was  First
published  in  the  Maharashtra  Government  Gazette,  Part  IV,  Extraordinary,  on  the
22nd  March  1965]

Amended  by  Mah.  16  of  1984  (1-9-1984)*

Amended  by  Mah.  21  of  1985  (1-9-1986)**

An Act to provide for the establishment of Gramdan villages in pursuance of the
Gramdan movement initiated by Acharya Vinoba Bhave, for the constitution of
Gram Mandals therefor and for matters connected therewith.

WHEREAS  it  is  expedient  to  provide  for  the  establishment  of Gramdan villages
in  pursuance  of  the Gramdan movement  initiated  by  Acharya  Vinoba  Bhave,  for  the
constitution of Gram Mandals therefor and for matters connected therewith; It is hereby
enacted  in  the  Fifteenth  Year  of  the  Republic  of  India  as  follows  :—

Short  title,
extent  and
commencement.

Definitions.

CHAPTER  I.
PRELIMINARY.

1. (1) This  Act  may  be  called  the  Maharashtra Gramdan Act,  1964.

(2) It  extends  to  the  whole  of  the  State  of  Maharashtra.

(3) It shall come into force on such date2 as the State Government may, by notification

in  the Official  Gazette, appoint.

2. In  this  Act,  unless  the  context  requires  otherwise—

(a) “Gramdan” means a voluntary donation of land in a village for the purposes of

this  Act,  and  in  accordance  with  the  provisions  thereof  ;

(b) “Gramdan  Kisan” means  a  person  who  holds  land  on  lease  as  such  under  this

Act  and  includes  his  heirs  and  successors-in-interest  ;

1 This  Statement  of  Objects  and  Reasons, see  Maharashtra  Government  Gazette, 1964,  Part  V,
Extra,  pages  259-60  ;  for  Report  of  the  Joint  Committee, see  ibid., Part  V,  Pages  379-409.

* 1st  September,  1984 vide Government  Notification,  Revenue  and  Forests  Department,  No.  GDN.
1082/3771/G-1,  dated  the  28th  August,  1984,  published  in Maharashtra  Government  Gazette,
Part  IV-B  (Ordi.),  Sr.  No.  515,  dated  the  20th  September,  1984,  1159.

**1st  March,  1986 vide Government  Notification,  Revenue  and  Forests  Department,  No.  GDN.
1077/2151/CR-12/Part  II  published  in Maharashtra  Government  Gazette, Part  IV-B  (Extra.),
dated  the  27th  February,  1986,  82.

2 15th  August,  1966, vide G.  N.,R.  &  F.  D.,  No.  BDY-1066/183991-8,  dated  the  13th  August,

1966,  Published  in  MGG.,  Part  IV-B,  P.  1502.

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Maharashtra  Gramdan  Act,  1964

[1965 : Mah. XXIII

(c)  “Gramdan village” means  a  village  declared  to  be  a Gramdan village  under

section  4  ;

(d) “Gram Mandal” or  “Mandal” means  the Gram  Mandal constituted  under

section  9  ;

(e)  “member” means  a  member  of  the Gram  Mandal  ;

(f) “owner” means—

(i) in relation to unalienated land, the occupant, tenure holder, or as the case may

be,  a  person  who  has  permanent  and  heritable  rights  of  possession  of  land,  and

(ii) in  relation  to  alienated  land,  the  superior  holder,

and  includes  a  person  holding  land  under  a  grant,  lease  or  assignment  (without
permanent rights) from the Government; and the expression “to own” with its gram-
matical  variations  shall  be  construed  accordingly  ;

(g) “panchayat” means Panchayat established  under  the  Panchayats  Act  ;

(h) “Panchayats  Act” means  the  *Bombay  Village  Panchayats  Act,  1958  ;

(i) “person  interested” in  relation  to  any  land means  any  person  claiming  right,  title
or interest in the land and includes a person having a right of easement over such land ;

Bom.
III  of
1959.

(j) “prescribed” means prescribed  by  rules  ;

1[(k) “President”  and  “Vice-President” means  the  President  and  the  Vice-President,

respectively,  of  a Gram  Mandal ;]

(l) “regulation” means a  regulation  made  by  the Gram  Mandal  ;

(m) “village” means  a  revenue  village,  or  a  village  within  the  meaning  of  the
Panchayats  Act  and  includes  any  local  area  which  the  State  Government  may  declare
to  be  a  village  for  the  purposes  of  this  Act.

(2) Words and  expressions used in  this Act but not  defined shall have  the meanings
respectively  assigned  to  them  in  the  law  relating  to  land  revenue  for  the  time  being  in
force  in  any  part  of  the  State,  as  the  context  may  require.

3. The  provisions  of  this  Act  shall  have  effect  notwithstanding  anything  to  the

contrary  contained  in  any  other  law  for  the  time  being  in  force.

CHAPTER  II.
GRAMDAN VILLAGE.

4.

(1) Where,  in  a  village—

(a)  the  extent  of  lands  in  respect  of  which  the  declarations  filed  under  section  5
have been confirmed, is not less than sixty per cent. of the total extent of lands owned
by  persons  residing  in  that  village  ;

(b) 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  land  and  residing
in  the  village  ;

1 This  clause  was  substituted  by  Mah.  16  of  1984,  s  2.
*  The  Short  title  of  this  Act  was  amended  as  “the  Maharashtra  Village  Panchayats  Act”  by  Mah.

24  of  2012,  w.e.f.  1-5-1960.

Act  to  have
overriding
effect.

Declaration
of  village  as
Gramdan
village.

1965 : Mah. XXIII]

Maharashtra  Gramdan  Act,  1964

3

(c) the number of persons in respect of whom declarations made under sub-sections
(1) and (3) of  section  5  have  been  confirmed  is  not  less  than  seventy-five  per  cent.  of
the  persons  (excluding  minors)  residing  in  that  village  ;  and

(d) not  less  than  fifty-one  per  cent.  of  persons  attending  the  meeting  held  under
section  6  have  expressed  their  willingness  to  constitute  the  village  a Gramdan village
by  joining  the Gramdan community,

the  Collector  may,  after  making  such  inquiry  and  in  such  manner  as  may  be  pre-
scribed,  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  Collector  within  whose  jurisdiction  the  village  is  situated,  and  the  sub-
stance  of  every  such  notification  shall  also  be  published  in  the  prescribed  manner.

(3) Where  the  conditions  mentioned  in  sub-section (1) are  not  satisfied  within  a
period not exceeding six months commencing on the prescribed date, the Collector may
by  order  declare  in  the  manner  prescribed  that  the  village  is  not  qualified  to  be  a
Gramdan village,  and  thereupon  every  declaration  under  section  5  shall,  notwithstand-
ing  that  it  had  been  confirmed,  cease  to  have  effect.

5.  (1) Any owner of land, not being a minor, may file a declaration in the prescribed
form  before  the  Collector  that  he  donates,  that  is  to  say,  voluntarily  and  without
consideration agrees to transfer to the Mandal all his land in the village specified in the
declaration by way of Gramdan. The declaration shall specify the lands which he would
like to hold as Gramdan Kisan, and which may be distributed to landless persons under
this  Act  :

Declaration
of  voluntary
transfer  of
lands  by
way  of
Gramdan.

Provided  that,  where  any  such  owner  has  transferred  any  of  his  lands  in  the  village
by way of Bhoodan, this sub-section shall have effect as if the lands so transferred were
included  in  the  total  extent  of  his  lands  :

Provided  further  that,  in  specifying  the  lands  to  be  held  by  him  as Gramdan  Kisan,

an  owner  shall  specify  such  lands  as  are  subject  to  any  encumbrances.

(2)    Every  declaration  filed  under  sub-section (1) shall  also  contain  an  undertaking

that  the  owner  shall—

(i) join  the Gramdan community  of  that  village,  and

(ii) make  a  periodic  contribution  to  the Gram  Mandal, in  accordance  with  the
provisions  of  clause (d) of  sub-section (1) of  section  27,  for  community  purposes.

(3)  Any  person  residing  in  a  village  (not  being  a  minor),  who  does  not  own  any
land  therein  may  file  a  declaration  undertaking  to  join  the Gramdan community  of
that  village,  and  may  agree  to  pay  a  periodic  contribution  equal  to  one-fortieth  of
his net annual income to the Mandal, for community purposes. Such declaration may
be  made  either  individually  or  collectively.

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Maharashtra  Gramdan  Act,  1964

[1965 : Mah. XXIII

(4) The Collector shall, as soon as may be, after the receipt of the declaration under
sub-section (1) publish the same in the prescribed manner together with a notice requiring
all  persons  interested  in  the  land  to  submit  their  objections,  if  any,  in  writing  to  him
within  forty-five  days  of  such  publication.

(5) On the expiry of the period specified in sub-section (4), the Collector may, after
considering the objections if any, received and after making such enquiries as he deems
fit,  by  order,  either  confirm  the  declaration  or  refuse  to  confirm  it.

(6) Any  person  aggrieved  by  any  order  of  the  Collector  made  under  sub-section (5)
may file an appeal to the Commissioner within forty-five days of the date of the order,
and  subject  to  the  decision  of  the  Commissioner,  such  order  shall  be  final.

(7) No order refusing to confirm a declaration shall be made under this section unless
the  person  making  the  declaration  is  given  a  reasonable  opportunity  to  show  cause
against  such  refusal  to  confirm  the  declaration.

(8) A  declaration,  which  the  Collector  has,  by  order,  refused  to  confirm  under  sub-
section (5) shall,  unless  such  declaration  is  confirmed  in  appeal  under  sub-section (6),
be  of  no  effect.

6. (1) As  soon  as  the  Collector  is  satisfied,  that  having  regard  to  the  population  of
the  village,  a  sufficient  number  of  declarations  has  been  received  under  section  5,  he
may  call  a  meeting—

(a) of the Gram Sabha of the village constituted under the Panchayats Act, where

a  village  has  a panchayat, or

(b) of  all  persons  (not  being  minors)  residing  in  the  village,  where  there  is  no

panchayat,

and also  of persons  who have donated  lands in  the village, but  are residing  outside the
village,

for  ascertaining  whether  the  persons  attending  the  meeting  are  willing  to  constitute  the
village  a Gramdan village  by  joinging  the Gramdan community.

(2) The Collector shall fix the date, time and place of the meeting, and a copy of the
notice containing this information shall be displayed in a prominent place in the village,
and  another  copy  affixed  on  a  conspicuous  part  in  the  office  of  the  Collector  within
whose  jurisdiction  the  village  is  situated;  and  the  substance  of  every  such  notice  shall
also  be  published  in  such  other  manner  as  is  in  the  opinion  of  the  Collector  best
calculated  to  bring  the  matter  to  the  notice  of  persons  concerned.

(3) The meeting  shall be  presided over  by the  Collector who  shall have  the right  to
speak and otherwise take part in the proceedings of the meeting, but shall not be entitled
to vote. The procedure to be followed at the meeting shall be such as may be prescribed,
and  the  quorum  shall  be  fifty-one  per  cent.  of  the  total  number  of  persons  entitled  to
attend  the  meeting  under  sub-section (1).

Collector  to
hold  meeting
of Gram
Sabha
constituted
under
Panchayats
Act  to
ascertain  if
majority  of
persons
residing  in
village  or
donating
land  or
willing  to
join
Gramdan
community.

1965 : Mah. XXIII]

Maharashtra  Gramdan  Act,  1964

5

7.

(1) No  person  shall  transfer  any  land  in  respect  of  which  a  declaration  has  been
filed, until on order under section 5 refusing to confirm the declaration has become final
or  an  order  under  section  4  declaring  the  village  in  which  the  land  is  situate  as  not
qualified  to  be  a Gramdan village  is  made,  or  an  order  under  section  8  rescinding  the
donation  by  way  of Gramdan is  made.

Prohibition
against
transfer  of
lands.

(2) Any  transfer  of  land  made  in  contravention  of  the  provisions  of  sub-section (1)

shall  be  void  and  inoperative.

8. Notwithstanding  anything  to  the  contrary  contained  in  any  other  law  for  the  time
being in force, with effect from the date on which a village is declared to be a Gramdan
village  and  on  the Gram  Mandal being  constituted  therefor—

Effect  of
declaration
as Gramdan
village.

(a) all the right, title and interest of persons whose declarations have been confirmed
under  section  5,  in  or  over  the  lands  covered  by  such  declarations,  shall,  save  as
otherwise  provided  in  this  Act,  cease  and  shall  stand  transferred  to,  and  vest  in,  the
Gram  Mandal established  for  that Gramdan village,  but  subject  to  any  rights,
encumbrances  or  equities  lawfully  subsisting  in  favour  of  any  other  persons  ;

(b) the Gram  Mandal shall  be  entitled  to  receive  the  contributions  referred  to  in

section  5  ;

(c) the Gram  Mandal shall  be  liable  for—

(i) the payment of land revenue, rent, cesses, rates and taxes in respect of lands
vested  in  the Gram  Mandal which  would  have  been  payable  by  the  donors,  but
for the donation, irrespective of whether the liability arose before or after the date
of  the  vesting  ;  and

(ii) the  discharge  of  all  encumbrances  created  in  respect  of  any  land  vested  in
the Gram  Mandal, prior  to  the  date  of  filing  of  the  declaration  in  respect  thereof
under  section  5  :

Provided that, for the payment of any land revenue, rent, cesses, rates or taxes, due
on,  or  the  discharge  of  any  encumbrance  created  before  the  date  of  such  vesting  of
the land, for which the Gram Mandal is so liable, it shall be competent for the Gram
Mandal to recover the amount either before or after such payment or discharge, from
the owner who donated the land by way of Gramdan as if it were an amount due to
the Gram  Mandal :

Provided  further  that,  where  in  any  case  it  appears  to  the Gram  Mandal that  the
encumbrances and other liabilities in respect of land donated by way of Gramdan are
excessive, or for any other reason, it is of opinion that it is not desirable to undertake
the  discharge  of  such  liabilities,  the Gram  Mandal may,  after  giving  the  person  to
whom  the  land  would  belong  but  for  the Gramdan, an  opportunity  of  being  heard,
rescind by order the donation by way of Gramdan, and thereupon all rights, title and
interest  in  or  over  those  lands  shall  revert  to  such  person  and  all  liabilities  of  the
Gram Mandal in respect of those lands, except the liabilities, if any, that arose during

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Maharashtra  Gramdan  Act,  1964

[1965 : Mah. XXIII

the  period  the  property  remained  vested  in  the Gram  Mandal, shall  cease,  and  the
declaration  filed  under  section  5  in  respect  of  the Gramdan aforesaid  shall  not
continue  in  force  ;

(d) the  land  revenue,  cesses,  rates  and  taxes  due  in  respect  of  the  lands  situated
in  a Gramdan village  and  in  respect  of  which  a  donation  by  way  of Gramdan has
not  been  made  under  section  5  or  section  29  shall  be  payable  to  the Gram  Mandal
by  the  person  liable  for  the  same  :

Provided  that,  all  amounts  so  realized  shall,  after  deduction  of  such  collection
charges as may be prescribed, be remitted to the State Government within such time
and  in  such  manner  as  may  be  prescribed.

___________

CHAPTER  III.
CONSTITUTION OF GRAM MANDAL.

Gram
Mandal.

9. (1) On  the  declaration  of  a  village  to  be Gramdan village  under  section  4  all
persons  whose  names  are  included  in  the  register  referred  to  in  section  10  shall  be
deemed  to  constitute  a Gram  Mandal for  the Gramdan village  from  the  date  specified
in  the  declaration  aforesaid;  and  the Gram  Mandal shall  have  all  such  powers  and
discharge  all  such  functions  as  are  vested  in,  or  conferred  on,  it  by  or  under  this  Act,
or otherwise.

(2) Every Gram  Mandal so  established  shall  be  a  body  corporate  by  the  name  of
“Gram  Mandal of  ........” having  perpetual  succession  and  a  common  seal,  with  power
to  enter  into  contracts;  and  subject  to  the  provisions  of  this  Act,  to  acquire,  hold,
administer  or  dispose  of  property,  both  movable  and  immovable,  whether  within  or
without  the  limits  of  the Gramdan village  over  which  it  has  authority,  and  may  in  its
corporate  name  sue  and  be  sued.

Register  of
Members.

10. (1) The electoral roll of the Maharashtra Legislative Assembly prepared under the
provisions  of  the  Representation  of  the  People  Act,  1950  for  such  part  of  the  constitu-
ency  of  the  Assembly  as  is  included  in  the Gramdan village  shall  be  the  register  of
members of the Gram Mandal for such Gramdan village. The register shall also include
names  of  persons  who  have  donated  their  lands  by  way  of Gramdan  but  who  are  not
residing  in  the  village.

43  of
1950.

(2) An  officer  designated  by  the  Collector  in  this  behalf  shall  maintain  the  register
of members for Gramdan village, and it shall be brought up-to-date at such intervals as
may  be  prescribed.

(3) Every person whose name is in the register of members shall, unless disqualified
under  any  law  for  the  time  being  in  force,  be  qualified  to  vote  at  a  meeting  of  the
Mandal.

(4) Subject to any disqualification incurred by a person, the register of members shall
be  conclusive evidence  for determining  under this  section  whether any  person is  quali-
fied  or  is  not  qualified  to  vote  at  any  meeting  of  the Mandal.

1965 : Mah. XXIII]

Maharashtra  Gramdan  Act,  1964

7

1[11.

(1) Every Gram  Mandal shall  be  presided  over  by  a  President,  who  shall  be
elected  by the Mandal, from  amongst  its members.  The Mandal shall  also  elect  one  of
its  members  to  be  its  Vice-President  :

Provided that, no person shall be elected as President or Vice-President, if he has not
filed  a  declaration  of  voluntary  transfer  of  any  land  by  way  of Gramdan under  sub-
section (1) of  section  5  of  this  Act  or  if  he  is  disqualified  for  being  chosen  as,  or  for
continuing  as,  a  member  of  a Panchayat under  the  Panchayats  Act.

(2) The Gram  Mandal shall  make  regulations  for  the  conduct  of  election  of  the
President and the Vice-President, including provision for deposit, if any, to be made by
candidates, and for their return or forfeiture, for appeal against the decision of a returning
officer  accepting  or  rejecting  the  nomination  paper,  for  setting  disputes  arising  as  to
validity of election of the President and the Vice-President, and finality of such decision
in  such  cases.

(3) Save as otherwise provided in this Act, the President and the Vice-President shall
hold office for a term of four years commencing on the date of their election; but shall,
subject  to  the  provisions  of  section  13,  be  eligible  for  re-election.

(4) The President shall exercise such powers and discharge such duties and functions
as are conferred or imposed on him by this Act and as may be provided by regulations
made  in  this  behalf.  In  the  absence  of  the  President,  the  powers  and  duties  of  the
President shall, save as may be otherwise provided by regulations made by the Mandal,
be  exercised  and  performed  by  the  Vice-President.

(5) The President shall, notwithstanding the expiration of his term, continue to carry
on  such  of  the  administrative  duties  of  his  office  as  may  be  specified  by  regulations
made  in  this  behalf,  until  his  successor  enters  upon  his  office.

12.

(1) The  President  may resign  his  office  by  writing  under his  hand  addressed  to

the  Collector.

(2) The Vice-President may resign his office by writing under his hand addressed to

the  President  and  if  the  office  of  the  President  is  vacant,  to  the  Collector.

(3) The resignations of the President and the Vice-President shall take effect from such

dates,  as  may  be  provided  by  regulations  made  in  this  behalf.

Election  and
term  of
office  of
President  and
Vice-
President  of
Gram
Mandal.

Resignation
of  President
and  Vice-
President.

13. (1) The President or the Vice-President may be removed from office by passing
a no-confidence motion at a special meeting (of which notice of not less than seven days
is displayed in a prominent place in the office of the Gram Mandal, before the meeting)
in  accordance  with  the  regulations  made  in  this  behalf  :

Removal  of
President  and
Vice-
President.

Provided that no President or Vice-President shall be removed from office unless such
motion is carried by a majority of not less than two-thirds of the total number of members
present  and  voting  at  the  meeting,  and  the  President  or  the  Vice-President,  as  the  case
may  be,  has  been  given  a  reasonable  opportunity  to  furnish  an  explanation.

1  Section  11,  12,  13  and  14  were  substituted  by  Mah.  16  of  1984,  s.  3.

H  165-2

8

Maharashtra  Gramdan  Act,  1964

[1965 : Mah. XXIII

(2) If  the  President,  and  in  his  absence  the  Vice-President,  fails  to  call  the  Special
meeting, within ten days of a requisition therefor, any member may request the Collector
to  call  the  meeting,  and  the  Collector  shall,  notwithstanding  anything  contained  in  this
Act or in any regulations made thereunder, within ten days of the receipt of such request,
call  the  special  meeting  of  the Mandal for  the  consideration  of  the  no-confidence
motion.  The  Collector  shall  preside  at  such  meeting;  but  he  shall  neither  speak  on  the
merits  of  the  motion  nor  shall  be  entitled  to  vote.

(3) A  President  or  a  Vice-President  removed  from  office  as  aforesaid  shall  not  be

eligible  for  re-election  during  the  remainder  of  the  term  of  his  office.

Vacancy  in
the  office  of
President  or
Vice-
President.

14.  (1) In the event of a vacancy in the office of the President, or the Vice-President,
by  reason  of  death, resignation,  removal  or  otherwise,  the  vacancy shall,  subject  to  the
provisions  of  sections  11  and  13,  be  filled  as  conveniently  as  may  be  by  election  of  a
new President or a new Vice-President, as the case may be, who shall hold office so long
only as the President or the Vice-President in whose place he is elected would have held
that  office,  if  the  vacancy  had  not  occurred.

(2) When the office of the President becomes vacant, the Vice-President shall, pending
the  election  of  the  President,  exercise  all  the  powers  and  perform  all  the  duties  and
functions  of  the  President.

(3) If both the offices of the President and the Vice-President are vacant, such officer
of  the Mandal as  the  Collector  may  appoint  in  this  behalf  shall,  pending  the  election
of the President or the Vice-President, exercise all the powers and perform all the duties
and  functions  of  the  President,  but  he  shall  not  have  the  right  to  vote  at  any  meetings
of  the Mandal or  of  any  Committee  thereof].

Committees.

15. Every Gram Mandal shall appoint in the manner hereinafter provided an Executive

Committee  and  may  also  appoint  such  other  Committees  as  it  thinks  fit.

Executive
Committee.

16. (1) The Gram  Mandal shall  establish  an  Executive  Committee  consisting  of—

(a) the  President,  and

(b) such number of members (not being less than two and not more than fourteen)
as  may  be  determined  by  the Gram  Mandal and  elected  by  it  from  amongst  its
members  in  the  manner  provided  by  regulations  in  that  behalf  :

Provided  that  no  person  shall  be  elected  a  member  if  he  is  disqualified  for  being

chosen  as  or  for  continuing  as  a  member  of  a panchayat under  the  Panchayats  Act.

(2) The  President  shall  be  the ex-officio Chairman  of  the  Executive  Committee.

17.  (1) A Gram Mandal may, subject to regulations made in this behalf, appoint the

following  functional  committees,  namely  :—

(a) Agriculture  Committee,

(b) Education  Committee,  and

(c) Health  Committee.

Appointment
of  functional
and  other
committees.

1965 : Mah. XXIII]

Maharashtra  Gramdan  Act,  1964

9

Each  such  committee  shall  consist  of  such  number  of  members,  and  shall  exercise
such  powers  and  discharge  such  duties,  as  the Gram  Mandal may  determine  in  this
behalf.

(2) A Gram Mandal may, subject to regulations made in this behalf, from time to time
appoint any committee consisting of such number of members and other persons and for
such  period  as  the Mandal may  decide,  and  refer  to  such  committee  for  inquiry  and
report such matters relating to the purposes of this Act as the Mandal may think fit; and
direct  that  the  committee  shall  submit  its  report  to  the  Executive  Committee.

18.

(1) The term of office of members of an Executive Committee shall be such as

may  be  provided  by  regulations  made  in  that  behalf.

(2) Any member of an Executive Committee may resign his office by writing under

his  hand  addressed  to  the  Chairman;  and  his  office  shall  thereupon  become  vacant.

(3) In  the  event  of  a  vacancy  in  the  office  of  any  member  by  reason  of  death,
resignation  or  otherwise,  the  vacancy  shall  be  filled  in  as  conveniently  as  may  be  by
election of a new member who shall hold office so long as the member in whose place
he  is  elected  would  have  held  it  if  the  vacancy  had  not  occurred.

(4) During any vacancy in an Executive Committee, the continuing members may act

as  if  no  vacancy  had  occurred.

19. An Executive  Committee shall exercise such  powers, discharge such  duties and

perform  such  functions  as  may  be  provided  by  regulations  made  in  this  behalf  :

Provided  that,  it  shall  be  lawful  for  an  Executive  Committee  to  delegate  any  of  its
powers,  duties  and  functions  to  the  Chairman  in  accordance  with  regulations  made  in
that  behalf.

Term  of
office  of
members  of
Executive
Committee,
resignation,
etc.

Powers  and
duties  of
Executive
Committee.

20.  The business of a Gram Mandal and of its committees shall be conducted in such
manner as may be prescribed by regulations, and such regulations may specify the cases
in  which  the  decisions  of  the Gram  Mandal or  of  its  committees  shall  be  on  the  basis
of unanimity or near unanimity, that is, a majority of not less than seventy-five per cent
of  the  members  present  and  voting  at  the  meeting.

Conduct  of
business  of
Gram
Mandal and
Committees.

21.   (1) A Gram  Mandal may  appoint—

(a) a Secretary who shall exercise such powers and discharge such duties as may

be  prescribed  by  regulations  or  as  may  be  delegated  to  him  by  the  President;

(b) such  other  officers  and  employees  as  may  be  necessary  for  the  efficient

performance  of  its  functions.

(2) The  Secretary  and  other  officers  and  employees  shall  be  paid  such  salaries  and
allowances  and  shall  be  subject  to  such  terms  and  conditions  as  may  be  prescribed  by
regulations  made  in  that  behalf.

(3) A Gram  Mandal may,  in  such  circumstances  and  in  such  manner  as  may  be
prescribed by regulation, remove the Secretary or other officer or employee from service.

Officers  and
employees  of
Gram
Mandal.

10

Maharashtra  Gramdan  Act,  1964

[1965 : Mah. XXIII

CHAPTER IV.
ESTABLISHMENT OF MAHARASHTRA Gramdan Board and Gram Samitis.

Maharashtra
Gramdan
Baord  and
its  functions.

22. (1) For  the  purposes  hereinafter  specified,  the  State  Government  shall  by
notification  in  the Official  Gazette establish  a  Board  to  be  called  the  Maharashtra
Gramdan Board.

(2) The Gramdan Board  shall  consist  of  a  Chairman  and  such  number  of  other
members (including the Secretary) being not less than five and not more than nine. The
Chairman  and  members  shall  be  appointed  by  the  State  Government.

(3) The Chairman and members of the Board shall hold office for a term of four years
from  the  date  of  their  appointment  which  shall  be  notified  in  the Official  Gazette; and
they  shall  be  eligible  for  re-appointment.

(4) The Chairman or any member of the Board may resign his office by writing under
his  hand  addressed  to  the  State  Government,  but  the  office  shall  not  become  vacant
unless  the  resignation  is  accepted.

(5) In the event of a vacancy occurring on the Board, the Chairman or Secretary shall
forthwith  communicate  the  occurrence  to  the  State  Government  and  the  vacancy  shall
be filled as soon as conveniently may be,  but the person appointed shall hold office so
long  only  as  the  member  in  whose  place  he  was  appointed  would  have  held  it  if  the
vacancy  had  not  occurred.

(6) The  time,  place  of  sitting,  conduct  of  business  and  procedure  to  be  followed  at

a  meeting  shall  be  such  as  the Gramdan Board  may  by  regulations  determine.

(7) It  shall  be  the  duty  of  the Gramdan Board—

(a) to train workers for the purposes of implementing the aims and objects of this

Act  and  assign  them  to Gramdan villages  ;

(b) to  study  and  evaluate  general  experience  in  the  development  of Gramdan

villages  ;

(c) to expedite legal and other formalities in connection with the Gramdan village.

23.

(1) For  every Gramdan village, 1[there  may  be  a Gram  Samiti.]

(2) The Gram  Samiti shall  consist  of—

(a) one  representative  of  each  family  residing  in  the Gramdan villages;  and

(b) one representative of each family of non-resident donors of land in the Gramdan

village.

(3) The Gram  Samiti shall  be  presided  over  by  a  Chairman  who  shall  be  elected  in

the  manner  provided by  regulations  made  in  that  behalf.

(4) The  term  of  office  of  members  of  the Gram  Samiti and  the  Chairman,  their
resignation,  vacancies  in  their  office  to  be  filled,  the  conduct  of  business  of  a Gram
Samiti and  all  matters  incidental  thereto  shall  be  determined  or  regulated  according  to
regulations  made  in  that  behalf.

1  These  words  were  substituted  for  the  words  “there  shall  be  a  Gram  Samiti”  by  Mah.  21  of  1985,

s.  2.

Establishment
of Gram
Samitis.

1965 : Mah. XXIII]

Maharashtra  Gramdan  Act,  1964

11

(5) The Gram Samiti may perform such functions being of an advisory nature as may

be  provided  for  by  regulations  made  by  the Mandal in  this  behalf.

Explanation.—For  the  purposes  of  this  section,  ‘family’  includes  a  Hindu  undivided
family, and in the case of other persons, a group or unit the members of which by custom
or  usage,  are  joint  in  estate  or  possession  or  residence.

_________

CHAPTER V.
CONSTITUTION OF LAND-POOL AND DISTRIBUTION OF LAND.

24. (1) All lands vesting in a Gram Mandal by way of Gramdan or otherwise for the

Land-pool.

purpose  of  this  Act  shall  constitute  the  land-pool.

Power  of
Mandal
grant  leases.

to

Distribution
of  land  on
lease.

(2) The Mandal shall, having regard to the declarations made under section 5, either
set  apart  not  less  than  five  per  cent  of  the  area  of  lands  out  of  the  land-pool  as  the
Mandal may determine for  the benefit of landless  persons, and the remaining  lands for
return  to  their  former  owners,  as  hereinafter  provided  or  the Mandal may  alternatively
purchase a compact block of land of an area not less than five per cent of all the donated
lands  at  the  cost  of  the  donors,  and  each  donor  shall  pay  towards  the  purchase  price  a
sum  for  an  area  equal  to  five  per  cent  of  land  donated  by  him.

25. Notwithstanding anything to the contrary contained in any law for the time being
in  force,  but  subject  to  the  provisions  of  this  Act,  A Gram  Mandal shall  have  power
to lease out lands vesting in it and the lessees shall not have, and shall not be entitled
to  claim,  any  rights  in  relation  to  such  lands  except  as  are  provided  for,  by  or  under
this  Act.

26.

(1) The Mandal shall  in  accordance  with  regulations  made  in  that  behalf—

(a) out  of  lands  set  apart  or  purchased  for  the  benefit  of  landless  persons  under
section  24  lease any  land  to  any landless  person  or  group  of landless  persons 1[who
have  filed  declarations  undertaking  to  join  the Gramdan community  under  sub-
section (3) of section 5] (preferably to a co-operative farming society of such landless
persons  registered  or  deemed  to  be  registered  under  the  Maharashtra  Co-operative
Societies  Act,  1960)  for  personal  cultivation,

(b) lease  the  remaining  lands  to  their  former  owners.

(2) any  person  aggrieved  by  any  proposed  lease  under  this  section  may  make  an
application to the Gram Mandal to that effect ; and the Mandal shall, on receipt of such
application, refer the matter for arbitration to an Arbitration Board constituted under sub-
section (3).

(3) The Arbitration Board shall consist of three persons one to be nominated by each
party,  and  the  third  to  be  appointed  jointly  by  the  Applicant  and  the Mandal; and  if
there  is  disagreement  as  regards  the  appointment  of  the  third  arbitrator,  then,  he  shall
be  appointed  by  the  Collector.

(4) The  Arbitration  Board  shall  regulate  its  own  procedure.

(5) The  decision  of  the  Arbitration  Board  shall  be  final  and  binding  on  the  parties.

1  This  portion  was  inserted  by  Mah.  16  of  1984,  s.  4.

Mah.
XXIV
o f
1961.

12

Maharashtra  Gramdan  Act,  1964

[1965 : Mah. XXIII

Conditions
of  lease.

27.

(1) A  person  who  is  given  land  on  lease  under  section  26  shall  hold  it  on  the

following  terms  and  conditions,  namely  :—

(a) the  leasehold  rights  shall,  on  the  death  of  the  lessee,  pass  to  his  heir,

(b) the  lease  shall  not  transfer  his  interest  in  the  land,  except—

(i) to a person who has joined the Gramdan community in respect of the village
in  which  the  land  is  situated  on  the  terms  and  conditions  agreed  upon  between
them  ;

(ii) to  the Gram  Mandal  ; or

(iii) to a co-operative society or any institution approved by the State Government
in this behalf or to Government, for securing payment of any money borrowed from
any  such  society,  institution  or  Government  :

Provided that, a landless person shall not transfer his interest as aforesaid without

the  previous  approval  of  the Gram  Mandal  ;

(c) the lessee shall pay to the Mandal an amount equal to the land revenue, rent,
cesses, rates and other taxes payable, if any, in respect of the land, before such date
or  dates  as  may  be  prescribed  ;

(d) the  lessee  shall  annually  contribute  one-fortieth  of  his  net  annual  agricultural

income  or  such  other  lesser  share  as  the Mandal may  determine  in  this  behalf  ;

(e) the lessee shall not allow the land to remain uncultivated for a period exceeding

two  years  ;

(f) subject to the provisions of section 30, the Mandal shall not disturb possession

of  the  land  held  by  a  lessee  or  his  heir,  except  with  his  consent  ;

(g) in  the  case  of  land  subject  to  any  lease  subsisting  immediately  before  it  was
donated,  the Gramdan  Kisan shall  have  the  right  to  recover  possession  thereof  in
accordance with the provisions of any law for the time being in force relating to land
tenures  as  if  he  continued  to  be  the  lessor  thereof,  and  pending  termination  of  the
lease, he shall also have the right to recover the rent payable by the lessee in respect
of  such  land  ;

(h) in  the  case  of  land  subject  to  a  mortgage  with  possession  immediately  before
it was donated,  the Gramdan Kisan shall have  the right  to obtain  possession thereof
after  the  redemption  of  the  mortgage  by  the Gram  Mandal if  he  pays  to  the Gram
Mandal the  amount  paid  for  the  purpose  of  redeeming  the  mortgage  together  with
all  expenses  connected  therewith  ;

(i) such  other  terms  and  conditions,  as  the Mandal may,  regard  being  had  to  the
circumstances  prevailing  in  relation  to  any Gram  Mandal, determine  by  an  order
made  in  that  behalf.

(2) Nothing  contained  in  sub-section (1) shall  be  deemed  to  confer—

(a)  on  a Gramdan  Kisan any  right  which  he  did  not  possess,

(b) on  a  landless  person  any  right  which  the Mandal did  not  possess,

immediately  before  the Gramdan  Kisan donated  his  land,  or  as  the  case  may  be,

the Mandal leased  it  to  the  landless  person.

1965 : Mah. XXIII]

Maharashtra  Gramdan  Act,  1964

13

CHAPTER VI.
POWERS AND FUNCTIONS OF GRAM MANDAL.

28.

(1) The Gram  Mandal shall  manage  the  lands  which  are  vested  in  it,  including
such lands as may come under its management, and undertake activities for the welfare
of  the  village  community  and  the  members  thereof,  and  do  all  other  things  incidental
thereto.

Powers  and
functions  of
Gram
Mandal.

(2) In particular, and without prejudice to the generality of the foregoing power, the

Gram  Mandal may—

(a) take  steps  to  inculcate  and  develop  in  the  village  community  the  spirit  of
collective  responsibility,  mutual  aid  and  promote  or  undertake  or  participate  in
co-operative  activities  ;

(b) take  steps  to  promote  many  sided  and  integrated  development  of  the  village

community  ;

(c) arrange for  the maintenance of destitute  children and old and  infirm persons ;

(d) prepare  and  implement  schemes  for  the  improvement  of  agriculture  in  the

village,  and  the  best  utilisation  of  lands  in  the  village  ;

(e) set  apart  land  for  community  purposes  ;

(f) prepare  and  implement  schemes  for  the  general  development  of  the  village,
including  the  promotion  of  small  scale  industries  therein  and  the  proper  utilisation
of  local  resources  and  man  power  ;

(g) distribute  such  lands  as  are  available  for  the  purpose  to  landless  persons  ;

(h) prepare  and  implement,  subject  to  the  approval  of  the  State  Government,
schemes for regional self-sufficiency in articles of food, clothing and other necessities
of life, and to that end, secure the co-operation and assistance of the State Government,
and  other  institutions  or  agencies  operating  in  the  village  or  in  its  neighbourhood ;

(i) promote  consolidation  of  holdings  ;

(j) grant  loans  to  any  member  of  the Gram  Mandal, whether  a  lessee  of  its  land

or  not,  for  any  purpose,  whether  agricultural  or  not  ;

(k) take measures for the improvement of lands and reclamation of waste lands and

the  introduction  of  improved  methods  of  cultivation  ;

(l) promote  the  industrial  development  of  the  village  ;

(m) facilititate  the  elimination  of  unemployment  in  the  village  ;

(n) raise  voluntary  contributions  from  the  village  for  community  purposes  ;

(o) maintain  the  accounts  of  the Gram  Nidhi  ;

(p) prepare  and  maintain  village  records  including  register  giving  details  of  land

holding  in  the  possession  of  persons  under  the Gram  Mandal  ;

14

Maharashtra  Gramdan  Act,  1964

[1965 : Mah. XXIII

(q) raise  a  village  peace  force  or Shanti  Dal for  the  maintaince  of  the  tranquility

of  the  village  by  peaceful  means  ;

(r) prepare  and  implement  schemes  for  housing,  education  and  medical  relief  for

the  village  community  under  its  charge  ;

(s) encourage  conciliation  in  respect  of  private  debts  of  its  members  ;

(t) perform such other functions and duties and exercise such other powers as may

from  time  to  time  be  prescribed.

Mandal

Power  of
Gram
to
accept
donations  of
land  after
establishment
of Gramdan
village.

29.  (1) Any owner of land (not being a minor), holding land in a Gramdan village,
may donate all his lands by way of Gramdan in the same manner and subject to the same
conditions as are provided for in the case of a donation under section 5, and thereupon,
subject to the provisions of sub-section (2), the provisions of this Act shall, as far as may
be,  apply  as  if  such  donation  were  made  under  that  section  :

Provided  that,  no  declaration  made  under  this  section  shall  be  confirmed  by  the

Collector  without  the  approval  of  the Gram  Mandal.

(2) With effect from the  date on which the declaration referred  to in sub-section (1)
is  confirmed,  all  the  rights,  title  and  interest  of  any  person  whose  declaration  is  so
confirmed  in  or  over  the  lands  covered  by  such  declaration,  shall,  save  as  otherwise
provided by this Act, cease, and shall stand transferred to, and vest in, the Gram Mandal
established  for  that Gramdan village  ;  and  thereupon,  the  provisions  of  this  Act  shall,
as  far  as  may  be,  apply,  as  if  such  declaration  were  confirmed  under  section  5.

(3) Any person (not being a minor) residing in a Gramdan village who has not made
a  donation  by way  of Gramdan under  section  5  or  sub-section (1) of  this  section,  may
join  the Gramdan community  in  the  same  manner  and  subject  to  the  same  conditions
as are provided in sub-section (3) of section 5, and thereupon, the provisions of this Act
shall, as far as may be, apply, as if such declaration were made under sub-section (3) of
section  5.

Power  of
Mandal
to
cancel  lease,
etc.

30.

(1) Where  any  lessee  from  the Gram  Mandal,—

(a) transfers his interest in the land in contravention of the provision of clause (b)

of  sub-section (1) of  section  27,  or

(b) fails  to  pay  any  dues  in  respect  of  the  land  leased  to  him,  or

(c) fails  to  cultivate  the  land  for  two  consecutive  years,

the Gram Mandal may make an application to the Collector, for cancelling the lease,
and if he is in possession thereof, for the eviction of the lessee therefrom ; and thereupon,
the Collector may, after making such inquiry as he deems fit and after giving the lessee
an  opportunity  to  be  heard,  cancel  the  lease,  or  as  the  case  may  be,  pass  an  order  of
eviction, and in the latter case, restore possession of the land to the Gram Mandal after
ejecting  the  lessee  or  any  other  person  found  in  possession  of  the  land  :

Provided that, the right of any person who is in lawful possession of such land shall

not  be  affected  thereby.

Bom.
II  of
1906.

1965 : Mah. XXIII]

Maharashtra  Gramdan  Act,  1964

15

(2) Any  order  restoring  possession  of  the  land  under  this  section  shall  be  executed
by the Mamlatdar or Tahsildar within whose jurisdiction the land is situate in the manner
provided  in  section  21  of  the  Mamlatdars’  Courts  Act,  1906,  as  if  it  were  the  decision
of  the  Mamlatdar  under  that  Act.

(3) Notwithstanding anything contained in sub-section (1), the Collector may instead
of  cancelling  the  lease  or  ordering  his  eviction  on  any  of  the  grounds  falling  under
clause (b) or clause (c) of that sub-section, by order direct the Gram Mandal to assume
management  of  the  land  in  such  manner,  and  for  such  period  as  he  may  specify;  and
make  such  further  order  as  he  may  think  fit  for  enabling  the Gram  Mandal to  assume
management  of  the  land.

(4) In any case where the management of any land is assumed under sub-section (3),
the Gram Mandal shall, in such manner and at such intervals as may be prescribed, pay
to  the  lessee  the  surplus  income,  if  any,  derived  from  the  land  during  the  period  of
management  after  deducting  all  amounts  due  to  the Gram  Mandal from  the  lessee  on
account  of  land  revenue,  rent,  cesses,  rates,  taxes  and  other  dues  and  on  account  of
incumbrances,  if  any.

(5) Any  person  aggrieved  by  any  order  of  the  Collector  under  this  section  may  file
an  appeal  to  the  Commissioner  within  forty-five  days  of  the  order.  The  Commissioner
may,  after  giving  the  parties  an  opportunity  of  being  heard,  pass  such  order  on  appeal
as  he  thinks  just  and  proper.  Subject  to  the  decision  of  the  Commissioner,  every  order
of  the  Collector  made  under  this  section  shall  be  final.

31.   (1) Subject  to  rules  made  in  this  behalf,  a Gram  Mandal may  raise  money  for
carrying out  the purposes for  which it is  established on  the security of  the Gram  Nidhi
or  any  property  vested  in,  or  belonging  to  it.

Power  to
borrow.

(2) A Gram  Mandal may,  for  any  of  such  purposes,  also  obtain  a  loan  from  any

Government  on  such  terms  and  conditions  as  that  Government  may  determine.

32.   Any  arrear  of  land  revenue,  cesses,  rates  or  taxes  or  any  other  sum  due  to  the
Gram  Mandal by  way  of  contribution  or  otherwise,  shall,  on  a  certificate  issued  to  the
Collector  by  the Gram  Mandal, be  recovered  by  the  Collector  as  an  arrear  of  land
revenue  and  paid  to  the Gram  Mandal.

_________

CHAPTER VII.
GRAM NIDHI.

33. (1) There shall be in each Gramdan village a fund, which shall be called the Gram
Nidhi. It  shall  be  kept  separate  and  distinct  from  the  village  fund  constituted  under  the
Panchayats  Act.

(2) The  following  shall  be  paid  into,  and  form  part  of,  the Gram  Nidhi,  namely  :—

(a) all  sums  and  moneys  received  by  the Gram  Mandal including  the  profits  of
any cultivation or any enterprise undertaken by it; and the rent, fee or other charges,
charged  or  imposed  on  persons  to  whom  lands  are  leased  under  this  Act  ;

(b) all  sums  received  by  way  of  loans  from  any  Government  ;

(c) all sums received by way of grants, donations, gifts, bequests or contributions.

H  165-3

to

Gram
Mandal
recover  dues
as  arrears  of
land
revenue.

Gram  Nidhi.

16

Maharashtra  Gramdan  Act,  1964

[1965 : Mah. XXIII

Application
of Gram
Nidhi.

34.   Subject  to  the  provisions  of  this  Act,  the Gram  Nidhi shall  be  applied  by  the
Gram Mandal only for the purposes of this Act. The Gram Nidhi shall be kept in such
custody  as  may  be  prescribed.

Accounts
and  audit.

1[35.  (1) The manner in which payment from the Gram Nidhi shall be made, and the
accounts  shall  be  kept,  shall  be  regulated  in  accordance  with  regulations  made  in  that
behalf.

(2) The  audit  of  the  accounts  of  a Gram  Mandal shall  be  carried  out  by  such
authority  and  in  such  manner  as  may  be  prescribed  and  a  copy  of  the  audit  note  shall
be  forwarded  to  the  Collector,  the  Tahsildar  and  the Gram  Mandal within  two  months
of  the  completion  of  the  audit.

(3) On receipt of the audit note referred to in sub-section (2), the Gram Mandal shall
either remedy any defects or irregularities which may have been pointed out in the audit
note and  send to the Tahsildar  within three months an  intimation of its having  done so
or shall, within the said period, supply to the Tahsildar any further explanation in regard
to  such  defects  or  irregularities  as  it  may  wish  to  give.

(4) On receipt of such intimation or explanation, the Tahsildar may, in respect of all

or  any  of  the  matters  discussed  in  the  audit  note,—

(a) accept the intimation or explanation given by the Gram Mandal and recommend

to  the  Collector  to  drop  the  objection  ;

(b) suggest  that  the  matter  be  re-investigated  at  the  next  audit  or  at  any  earlier

date ;  or

(c) hold  that  the  defects  or  irregularities  pointed  out  in  the  audit  note  or  any  of

them,  have  not  been  removed  or  remedied.

(5) The Tahsildar shall send a report of his decision to the Collector within one month
of the date of receipt by him of the intimation or explanation referred to in sub-section
(3), or  in  the  event  of  the Gram  Mandal failing  to  give  such  intimation  or  explanation
on  the  expiry  of  the  period  of  three  months  referred  to  in  the  said  sub-section (3) and
shall  forward  a  copy  of  such  report  to  the  auditor  and Gram  Mandal. If  the  Tahsildar
holds that any defects or irregularities have not been removed or remedied, the Tahsildar
shall  state  in  the  report  whether  in  his  opinion  the  defects  or  irregularities  can  be
regularised  and  if  so,  by  what  method  and  if  they  do  not  admit  of  being  regularised,
whether  they  can  be  condoned,  and  if  so,  by  what  authority.  The  Tahsildar  shall  also
state  whether  the  amounts  to  which  the  defects  or  irregularities  relate  should  in  his
opinion  be  surcharged  or  charged  as  hereinafter  provided.

(6) The Collector may, after considering the report of the Tahsildar and after making
such further inquiry as he considers necessary, disallow any item which appears to him
contrary to  law and surcharge  the same on  the person  (including a member,  making or
authorising  the  making  of  the  illegal  payment,  and  may  charge  against  any  person
(including a  member) responsible  therefor the  amount of  any deficiency  or loss  caused
by  the  gross  negligence  or  misconduct  of  that  person  or  member  or  any  sum  received
which ought to have been, but is not, brought into account, by that person or member ;
and  may  after  taking  his  explanation,  direct  by  order  in  writing  that  such  person  or

1  These  sections  were  substituted  by  Mah.  21  of  1985,    s.  3.

1965 : Mah. XXIII]

Maharashtra  Gramdan  Act,  1964

17

member, shall pay to the Gram Mandal the amount so surcharged or charged and where
the  Collector  considers  it  necessary,  also  an  interest  on  the  amount  so  surcharged  or
charged at such rate as may  be determined by him. If such amount or interest directed
to be paid by the Collector under his order is not paid by the person or member aforesaid
within  one  month  from  the  date  of  receipt  of  such  order  by  him,  the  Collector  shall
recover  it  as  an  arrear  of  land  revenue  and  credit  it  to  the Gram  Nidhi.

(7) Any person or member aggrieved by any order or surcharge or charge or interest
thereon made by the Collector under this section may, within one month from the receipt
by him of the decision of the Collector, apply to the District Court to modify or set aside
such order, and that Court after taking such evidence as it thinks necessary, may confirm,
modify or remit such surcharge or charge or interest thereon and make such order as to
costs  as  it  thinks  proper  in  the  circumstances.

35A.   (1) Every  member  of  a Gram  Mandal shall  be  personally  liable  for  the  loss,
waste or mis-application of any money or other property of the Gram Mandal to which
he has been a party or which has been caused or facilitated by his misconduct or gross
neglect  of  his  duty  as  a  member.

Liability  of
member  for
loss,  waste
o r
misapplication.

(2) If after giving the member concerned a reasonable opportunity for showing cause
to  the  contrary,  the  Collector  is  satisfied  that  the  loss,  waste  or  mis-application  of  any
money or other property of the Gram Mandal is a direct consequence of misconduct or
gross neglect on his part, the Collector shall by order in writing direct such member to
pay  the Gram  Mandal before  a  fixed  date,  the  amount  required  to  reimburse  for  such
loss,  waste  or  mis-application.  If  the  amount  is  not  so  paid,  the  Collector  shall  recover
it  as  an  arrear  of  land  revenue  and  credit  it  to  the Gram  Nidhi.

(3) Any  person aggrieved  by the  decision of  the Collector  may apply  to the  District
Court  as  provided  in  sub-section (7) of  section  35,  within  the  like  time  for  redress  of
his  grievance,  and  that  Court  may  pass  any  order  thereon  which  it  can  pass  under  that
section.]

_________

CHAPTER VII.
MISCELLANEOUS.

36.  Where the interest of a Gramdan Kisan or a landless person in any land donated
to the Gram Mandal or where  the interest  of the Gram  Mandal in  any land,  is sold  on
account  of  any  default  in  the  payment of  any  amounts  due  from  the Gramdan  Kisan,
landless person or Gram Mandal, as the case may be, such interest shall not be sold to
any  person  other  than  the Gram  Mandal or  a  person  who  has  joined  the Gramdan
community  of  the  village  in  which  the  land  is  situate.

37. Any Gram  Mandal may  register  itself  as  a  co-operative  society  under  the

Maharashtra  Co-operative  Societies  Act,  1960.

Mah.
XXIV
o f
1961.

Restriction
on  sale  of
lands  held
by Gram
Mandal,
Gramdan
Kisan or
landless
person.

Registration
of Gram
Mandal as
co-operative
society.

18

Maharashtra  Gramdan  Act,  1964

[1965 : Mah. XXIII

Power  to
exempt  from
stamp  duty,
etc.

38.   The  State  Government  may,  by  notification  in  the Official  Gazette,  remit—

(a) the  stamp  duty  with  which,  under  any  law  relating  to  stamp  duty  for  the  time
being  in  force,  any  declaration  made  under  this  Act  or  any  instrument  executed  by  or
on  behalf  of  a Gram  Mandal is  chargeable  ;

(b) any fee payable, by any person in respect of any instrument transferring his land
by  way  of Gramdan, or  by  or  on  behalf  of  a Gram  Mandal under  any  law  relating  to
the  registration  of  documents  for  the  time  being  in  force.

Gram Mandal
to  be
empowered
to  function
as panchayat.

39.

(1) The  State  Government  shall,  on  the  establishment  of  a Gram  Mandal for  a
Gramdan village  in  which  a panchayat is  functioning,  by  notification  in  the Official
Gazette, declare  that  the Gram  Mandal shall  exercise  all  the  powers  and  discharge  all
the  duties  and  functions  of  the panchayat in  relation  to  the Gramdan village.

(2) Upon  the  issue  of  a  notification  under  sub-section (1)—

(a) the panchayat which functioned immediately before the date of the notification

shall,  in  relation  to  the Gramdan village,  cease  to  function  therein  ;

(b) all  the  powers,  duties  and  functions  attaching  to  the panchayat under  the
Panchayats  Act,  or  under  any  law  for  the  time  being  in  force  in  the  State,  shall,  in
relation  to  the Gramdan village,  attach  to  the Gram  Mandal, and  accordingly,  the
Gram  Mandal shall  exercise  the  powers  and  discharge  the  duties  and  functions
aforesaid; and the officers and servants of the panchayat shall, subject to the provisions
of the Panchayats Act, become the officers and servants of, or as the case may be, work
under  the Gram  Mandal  ;

(c) the  person  elected  by  the panchayat for  the  purpose  of  constituting  a Nyaya
Panchayat under section 64 of the Panchayats Act shall be deemed to be the person
elected  by  the Gram  Mandal out  of  its  members  for  the  constitution  of  that Nyaya
Panchayat until the Gram Mandal elects any other person as provided by section 64
of  that  Act  ;

(d) the  provisions  of  the  Panchayats  Act  shall,  subject  to  such  restrictions  and
modifications  as  the  State  Government  may  specify  in  the  notification,  apply  to  the
Gram  Mandal as  if  it  were panchayat constituted  under  that  Act  for  the Gramdan
village  ;

(e) the Gram  Mandal shall  be  entitled  to  all  the  assets  and  be  subject  to  all  the
liabilities  of  the panchayat including  all  rights  and  liabilities  under  any  contract
made  by  it  as  on  the  date  of  the  notification  ;

(f) where  immediately  before  the  date  of  the  notification  aforesaid,  a panchayat
was  a  party  to  any  legal  proceeding  in  any  Court  or  tribunal  in  the  State,  the Gram
Mandal shall  stand  substituted  for  that panchayat as  a  party  to  that  proceeding,  or
added  as  a  party  thereto,  as  the  case  may  be,  and  the  proceedings  continued
accordingly.

(3) Any  notification  issued  under  sub-section (1) may  contain  such  supplemental,
incidental  and  consequential  provisions  as  the  State  Government  may  deem  necessary,
and  in  particular,  may  direct—

(i) that any tax, fee or other sum due to the panchayat shall be payable to the Gram

Mandal  ;

1965 : Mah. XXIII]

Maharashtra  Gramdan  Act,  1964

19

(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  of  by
the Gram  Mandal.

40.   The  President 1[and  the  Vice-President]  of  the Gram  Mandal and  the  members
of  the Executive  Committee constituted  under  this Act  and  the officers  and servants  of
the Gram Mandal shall  be deemed  to be  public servants  within the  meaning of  section
21  of  the  Indian  Penal  Code.

XLV
o f
1860.

President
1[and  the
Vice-
President]  of
Gram
Mandal,  etc.
to  be  public
servants.

41. Subject to the general or special orders of the State Government, the Commissioner
or Collector may delegate to an officer not below the rank of a Mamlatdar or Tahsildar
powers  exercisable  by  the  Commissioner  or,  as  the  case  may  be,  the  Collector  under
this  Act.

Power  to
delegate.

Supersession
of  a Gram
Mandal.

42.

(1) If,  in  the  opinion  of  the  State  Government,  a Gram  Mandal—

(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,  declare  that Gram  Mandal to  be  incompetent  or  in  default  or  to  have
exceeded  or  abused  its  powers  or  to  have  not  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 time as may be specified in the
notification  :

Provided that, before any such notification issued, the Gram Mandal 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  Mandal under  sub-section (1),—

(a) the President 2[and the Vice-President] and members of all committees constituted
by  the Gram  Mandal shall  from  the  date  specified  in  the  notification  vacate  their
office  ;

(b) all the powers and duties of the Gram Mandal or any committee thereof, shall,
during  the  period  of  supersession,  be  exercised  and  performed  by  such  person  or
persons  as  the  State  Government  may  from  time  to  time  appoint  in  this  behalf  ;

1  These  words  were  inserted  by  Mah.  16  of  1984,  s.  5.
2 These  words  were  inserted  by  Mah.  16  of  1984,  s.  6(a).

20

Maharashtra  Gramdan  Act,  1964

[1965 : Mah. XXIII

(c) all properties vested in the Gram Mandal 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
normal duties performed by the Gram Mandal concerned, shall be transferred to, the
State Government which shall make such arrangements, as may be deemed necessary,
until  the  expiration  of  the  period  of  supersession.

(3) Before  the  expiration  of  the  period  of  supersession  specified  in  the  notification,
the  State  Government  may,  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  supersession  either  as  originally
specified or extended, the Gram Mandal shall resume its functions and elect its President
1[and  the  Vice-President]  and  constitute  the  committees  :

Provided  that,  the  State  Government  may  at  any  time  before  the  expiration  of  the

period  of  supersession,  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  Mandal and  the  balance  shall  be  credited  to
the Gram  Nidhi.

Rules.

43. (1) The State Government may, by notification in the Official Gazette, make rules

to  carry  out  the  purposes  of  this  Act.

(2) In particulars and without prejudice to the generality of the foregoing power, such

rules  may  provide  for—

(a) enquiry to be made and the manner in which it shall be made under sub-section
(1), the manner of publishing substance of notification under sub-section (2), prescribing
the  date  for  the  purpose  of  computing  the  period  of  six  months  and  the  manner  of
declaring  a  village  as  not  qualified  to  be  a Gramdan village  under  sub-section (3)
of  section  4  ;

(b) the  form  of  declaration  to  be  filed  under  sub-section (1), the  manner  of
publishing  the  declaration,  under  sub-section (4), the  inquiries  to  be  made  by  the
Collector  under  sub-section (5) of  section  5  ;

(c) the  collection  charges  to  be  deducted  and  the  time  within  which  and  the
manner  in  which  they  shall  be  remitted  to  the  State  Government  under  section  8  ;

(d) the intervals at which the register of members shall be brought upto date under

sub-section (2) of  section  10  ;

(e) date or dates before which the land revenue or rent of any cesses, taxes or other

taxes  shall  be  paid  under  clause (c) of  sub-section (1) of  section  27  ;

(f) other functions, duties and powers to be performed and exercised under clause

(f) of  sub-section (2) of  section  28  ;

(g) the  manner  in  which  and  the  intervals  at  which  surplus  income  may  be  paid

to  a  lessee  under  sub-section (4) of  section  30  ;

1  These  words  were  inserted  by  Mah.  16  of  1984, s.  6(b).

1965 : Mah. XXIII]

Maharashtra  Gramdan  Act,  1964

21

(h)  rules  subject  to  which  money  may  be  raised  under  section  31  ;

(i) the  custody  in  which Gram  Nidhi shall  be  kept  under  section  34  ;

1[(i-1) the authority by whom, and the manner in which, the audit of the accounts

shall  be  carried  out  under  sub-section (2) of  section  35  ;]

(3) The  rules  made  under  this  section  shall  be  subject  to  the  condition  of  previous

publication.

44. (1) The Gram Mandal may, with the previous sanction of the State Government,
make regulations,  not inconsistent  with this  Act or  rules made  thereunder generally  for
carrying  out  the  purposes  of  this  Act.

Regulations.

(2) In particular, and without prejudice to the generality of the foregoing power, the

Gram  Mandal may  make  regulations  to  provide  for—

(a) the conduct of election for the President 2[and the Vice-President] from amongst
the members of the Mandal under sub-section (2) (including matters specified in that
sub-section), the powers to be exercised and duties to be discharged by the President
under  sub-section 3[(4)],  and  the  administrative  duties  to  be  carried  on  under  sub-
section 4[(5)],  of  section  11  ;

5[(b) the dates from which the resignation of the President and the Vice-President

shall  take  effect  under  section  12  ;]

(c) the  removal  of  the  President 6[and  the  Vice-President]  under  section  13  ;

(d) the manner of electing members of an Executive Committee under section 16 ;

(e) regulation  subject  to  which  a  committee  may  be  appointed  under  section  17 ;

(f) the  term  of  office  of  members  of  an  Executive  Committee  under  section  18  ;

(g) the  powers  to  be  exercised,  duties  to  be  discharged  and  functions  to  be
performed  by  an  Executive  Committee,  and  the  powers,  duties  and  functions  to  be
delegated  to  the  Chairman  under  section  19  ;

(h) the  conduct  of  business  of  the Gram  Mandal and  of  committee  under

section  20  ;

(i) the powers to be conferred on, and duties to be discharged by a Secretary, and
salaries and allowances and terms and conditions of service of the Secretary and other
officers and employees, and the circumstances and manner in which, a Secretary and
other  officers  and  employees  of  a Mandal may  be  removed  from  office,  under
section  21  ;

1 This  clause  was  inserted  by  Mah.  21  of  1985,    s.  4.
2 These  words  were  substituted  by  Mah.  16  of  1984,  s.  7(a)(i).
3 These  brackets  and  figure  were  substituted  for  the  bracket  and  figure  “(3)”,  ibid., s.  7(a)(ii).
4 These  brackets  and  figure  were  substituted  for  the  bracket  and  figure  “(4)”,  ibid., s.  7(a)(iii).
ibid., s.  7(b).
5 This  clause  was  substituted,
6 These  words  were  inserted,  ibid., s.  7(c).

Laying  of
orders  and
rules  before
Legislature.

Amendment
of  Mah.  V
of  1962.

22

Maharashtra  Gramdan  Act,  1964

[1965 : Mah. XXIII

(j) regulating  leasing  of  land  under  section  26  ;

1[(k) the manner of making payment from Gram Nidhi, and the keeping of account

of Gram  Mandal under  sub-section (1) of  section  35;]

2[(l) any  other  matter  for  which  regulations  are  to  be  or  may  be  made.]

45. Every  order  made  under  section  39  and  every  rule  made  under  section  43  shall
be  laid,  as soon  as  may  be  after  it is  made,  before  each  House  of the  State  Legislature
while  it  is  in  session  for  a  total  period  of  thirty  days  which  may  be  comprised  in  one
session  or  in  two  successive  sessions,  and  if,  before  the  expiry  of  the  session  in  which
it  is  so  laid  or  the  session  immediately  following,  both  Houses  agree  in  making
modification in the order or rule or both Houses agree that the order or rule should not
be  made,  the  order  or  rule  shall  from  the  date  of  publication  of  a  notification  in  the
Official  Gazette of  such  decision  have  effect  only  in  such  modified  form,  or  be  of  no
effect,  as  the  case  may  be;  so  however  that  any  such  modification  or  annulment  shall
be  without  prejudice  to  the  validity  of  anything  previously  done  or  omitted  to  be  done
under  that  order  or  rule.

46.

In  the  Maharashtra  Zilla  Parishads  and  Panchayat  Samitis  Act,  1961,—

(1) in  section  57,—

(a) in sub-section (1), in clause (f), for the words “Sarpanchas elected by members
of Panchayats” the words and figures “Sarpanchas and Chairman, elected by members
of panchayats and of Executive Committee constituted under the Maharashtra Gramdan
Act,  1964,  respectively,”  shall  be  substituted  ;

(b) in  sub-section (2),—

(i) after the words “members of panchayats” at both the places where they occur

the  words  “and  of  Executive  Committee”  ;

(ii) after  the  words  “the Sarpanchas” the  words  “and  Chairman”  ;

(iii) after the words “those panchayats” the words “and Executive Committee”,

and

(iv) after  the  words  “one Sarpanch” the  words  “or  Chairman”,

shall  be  inserted ;

(2)   in  section  58,  in  sub-section (2), after  the  word  “Sarpanchas” the  words  “or

Chairman  of  Executive  Committees”  shall  be  inserted  ;

(3) in section 59, in the proviso, in clause (c), after the word “Sarpanch” at both the
places  where  it  occurs  the  words  “or  Chairman  of  the  Executive  Committee”  shall  be
inserted.

1  This  clause  was  added  by  Mah.  16  of  1984,  s. 7(d).
2 This  clause  was  substituted  by  Mah.  21  of  1985,  s.  5.

H  165-3,360  Bks.-11.2013

PRINTED  AT  THE  GOVERNMNET  PRESS,  KOLHAPUR

Mah.
V  of
1962.

Mah.
XXIII
o f
1965.

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