GRAMDAN VILLAGE

Effect of declaration as Gramdan village.

§8

Summary

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- (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 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.

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- (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 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.

← Previous Section Next Section →

Explore this Chapter