The Odisha Bhoodan and Gramdan Act, 1970

- [THE ORISSA BHOODAN AND GRAMDAN ACT, 19701 [Received the assent of 11ze Presiderzt 012 131e 18th ilfarclz 197 1, f is t pttb!ished ilr on ex~ctorditlnry issue of cite Orissa Gdzette, dated !lie 12th April 19711 AN ACT TO FACILITATE THE DONATION OF LAND FOR BHOODAN YAGNA AND GRAMDAN, THE DISPOSAL OF suctr LANDS AND MATTERS CONNECTED THEREWITH BE it enacted by i he Legislature of the State of Orissa in the Twenty-first year of the Republic of Tndia as fol101vs:- CHAPTER I 1. ( I ) This Act may be called the Orissa Bhoodan S h o ~ title and Gramdan Act, 1970. extent and commence mcnr. (2) It extends to the whole of the State of Orissa. (3) It shall come into force on such date as the Sf ate Government may, by 2notifica t ion, appoint in that behalf. 2. In this Act, unless the context otherwise ,,,iliom requires,- (a) 'Bhoodan Yagna' means the movement initialed by Shri Acharya Vinobha Bhave for the acquisition of lands by way of donation, for distribution to the landless persons, or for a community purpose; 1, For Slptcment of Objects and Rcasons, sce Orissa Gazerle, Extra- ordjmry, dated Ihc 20th February. 1970 (No.276) and for SeIcct Committee Rcport, see ibid., dalcd thc 13rd Scptcrnhr, 1972 (No. 1232). 2. It camc into force wirn c&cl lrom the 25th De[nbcr 1972, vide Notification No. 75251-R., dated the 14th Dccembcr 1972 published in the Orissa Gazette, Extnordinary, datcd thc 15th Dcccmber 1972 (No. 1768). [76-73(a) L ~ W I &2 02 0ORiss~ BHOODAN AND GRAMDAN ACT. 1970 [Or. Act (b) 'community purpose' means any purpose which is for the gensral good of the corn munit y ; (c) 'gramdan7 means a voluntary donation of land,in a viIlage made in pursuance of the provisions of this Act; (d) 'Grama Parishad' means a Grama Parishad constituted under sect ion 16; (e) 'Gramdan Village' means a Gramdan Village declared under section 16; [(*I) chomeless person' llleaos a person who does -not own any house;] (f) 'land' includes interest in land, the benefits arising out of land and things attached to the earth or permanently fastened to anything attached to the earth; (_a) 'land-holder' means a proprietor, sub- proprietor, malguza ?, thikadar, gountia, tenure-lzolde 1' and unci er tenure-holder and includes an inamdar, jagirdar, zamindar. illaquadar, kharposhdar, ,parganada r, sarbarakar, maufidar and other holders or owners of interest in land between the raiyat a ~ d the State; (h-) 'landless person' means a person who does not own any land or who owns Sand which does not exceed such limit as may be prescribed; (i) in relation to land held by a raiyat with permanent and heritable rights in the Id 3, tbe raiyat; in relation to land, held under a grant, lease or assignment from the State Government or a Iand-holder, the person who so holds; and (fdi) in -elation to any other ,land, the person to whom the land belongs; (j" fprescribed' means pcescribed by rules ; made under this Act; * 1, lnsertd by thc Orissa Bhoodaa and Gramdan (Amcndmcnt) Act, 1979 (Or. Act 23 of 1979),s- 2, ' (Sees. 3-4) , . (k) 'residenty in relation to. the lbcal. a~ea A . . means a persoa w,ho ordinarily ~esidm ia-. that local. area; ( I ) 'Samitit means the Sam iti: constituted under section 3; (n2) 'village' means an area defined; sume~;d and recorded as a disti.nct ad- . sepm& viliage in the revenue records. ~g the district in which it is situatc. CONSTITUTION, POWERS AND FUNCTIONS OF T m .-a 3. The State Clover-nment shall, by, notiBcati0n. QF-I , constitute a Samiti by the name a'f the. Q ~ s s B : ~ ~ & ~ Bhoodan Yagl~a Samiti which shall 'tie a. &@--ti.. corporate having perpetual succession and' a c,omr]n;oa, seal with power to enter into contracts and Co_acquiire, hold, administer and dispose of proper@. both mumable and immoveable and may, by th,said I name, sue or be sued. 4. [ ( I ) The Samiti shall consist of a Chairinan, a sf"$:rz$- 1 Vice-Chairman and nine other members to be appointed by the. State Government. ] (2) The appointment of the Chairman, the Vice- Chaknian and ~Jze other members of the: &miti shail be notified in the Gazette. (3) The Chairman shall exercise such powes and perform such functions as may be prescribed. (4) The Vice-Chairman shall exercise such powers and perform sue11 functions of the Chairman as the Chairman may, from time to time, delegate to Em in writing in that behalf and he shall also exercise the powers and perform the functions of the Chauman during his absence. - I ! 1. ~~bsti iutcd by the Oris73 Hhoodan and Gramdan (Amendment) Act, 1977 {Or. Act 4 of 19771, s. 2. (Secs. 5-8) Term of OEce. 5. Every member of the Samiti, including the Cbairman and Vice-Chairman shall hold office for a term of four years from the date of notification of his appointment, and shall be eligible for reappointment. '[Provided that t hc Statc Government, whenever they deem it expendient so to do may, by notification, extend from time to time, the aforcsaid t c m of office, so, however, that the total extension does not in the aggregate exceed onc year.] of Chairman, 6. (1) The Chairman, Vice-Chairman or any Vicc-chai~ of her member of the Sarniti may resign his office by m a o m givingpotice in writing to the State G ovcrnment. other mcm- bers. (2) If the resignation is accepted by the State Government, they shall publish a notification to that effect and thereupon the Chairman, Vice-Chairman or the member, as the case may be, shall cease to hold office with effect from the date of such publication. R-s~l.of .. ,. 7. (1) The3tate Governmeat may, by order, Chatman, viaair- ~ ~ Q I O Y ~ the Chairman, Vi ce-Chairman or any other manorothermember of the Sarniti after giving him an opportunity members. to makg any representation which he may wish to make, .if they are satisfied that he- (a)- has become of unso~r nd mind; (b) has applied to be aijtdicated or has been adjudicated an i~lsolvent; ... .... . . . (c) has been sentenced ty a criminal court for . , . an offence involving moral turpitude, such sentence nct having been reversed; (6) has become physically and mentally infirm to act as Chairman, Vice-Chairman or - - Illember or has absued his position or powers vested in him as ChaJrr;~?!?, Vice- Chairman or member; or (e) has failed, without excuse suficint in the 'opinion of the Snmiti, to attend three consecutive meetings of the Samiti and the Samiti has recommended his removal. - (2) ~ v e r ~ order of removal under sub-sedion ( I ) shall, as soon as possible after it is made, be publi- shed,in the Gazette and shall take effect from the date of such publication. Filling oi 8. Any casual vacancy in the o%ce of thc casual Chairman, Vice-Chairman or any other me111 her of th vacancies. Samiti, shall, as soon as may he, after the occurrence - - - - - - - - -- -- I. Addd b y the Orissa Bhoodan ; in.[ Gi;i:11 Inn (Amendnicol) Act. 1977 (Or. Act 4 of 1977). s- 3. (Sec. 9) of such vacancy be filled up by appointment of another person in the manner provided in section 4 and the Chairman, Vice-Chairrnan or other member so appointed shall enter upon office forthwith but shall hold office only for the residue of the term of his predecessor : Provided that in the event of any vacancy in the office of both Chairman and Vice-Chairman the State Government may 2-ppoint any member of t he Ssrniti to perfcrm the functions and exercise the powers of the Chairman until a person duly appointed as Chairman assumes office. 9. ' [ ( I ) If the State Goverr~ment are satisfied that - iss solution, and reconstr- (a) the Siulliti I~as failed without rsaaonable tution cf cause or excuse to discharge the d uries, or thcSamitis to perform the fur~ctions, imposed on, or assigned to it by or under this Act or has exceeded or abused its Fowers; or (b) circumstances have arisen in which the Sarniti is, or may be, unable to discharge the duties, or to perfor~n the functions, imposed on, or assigncd to it by or under this Act; or ( c ) it is ott~cnvise expedient or necessary to dissolve the Samiti, they may, by notification, dissolve the Samiti and direct reconstitution thereof either immediately or within such period, not exceeding six months, as shall bc specified in the ~~otification.] (2) Before directing the dissolution of the Samiti under sub-section (I), the State Governmefit 5:; 211 communicate to the Samiti the grounds on which they propose to do so, fix a reasonable period for the Samiti to show cause against the proposal and con- sider its explanation and objections, if any. (3) Upon dissolution of the Samiti under sub- section (I), all its members including (he Chairman and Vice-Chairman shall be deemed to have vacated their offices. (4) During the interval, if any, between the disso- lution and the reconstitution of the Samiti the State Government may, by order, appoint any officer or authority to exercise the powers and discharge the duties of the Samiti, subject to such restrictions and Istations as may be specified in the ordcr. ...-----. -- ----.-- 1. Suhstitukd by thc Orissn Bl~oodan and Grarndan (Anicndmcnt) Act 1980 (Or - Act 13 of 1980). 5 . 2 . (5) Where the Samiti is dissolved under this section, the State Government, until the date of the reconstitution thereof, and the reconstituted Samiti thereafter, shall be entitled to all the assets and be subject to all the liabilities of the Samiti. Acts of the 10. No act of the Sslmiti or of any person acting s h e , et~ . , as the Chairman, ViceCbairman or a member thereof not ' 0 b~ shall be deemed to be invalid only by rcason of any invalids ted by iniirmity. defect or irregularity in the constitution of the %Nniti or by reason of such act having been done during the period of any vacancy in the office of the Chairman, Vice-Chairman or any other member of the Samitj. L ~ I 11. ( I ) The Samiti may, for any district or part Comm"fzes. thereof, constitute a Local Committee consisting of a Chairman, Vice-chairman and three other members to be appointed by it from amongst the residents of the area concerned. (2) The appointments made under sub-section (1) shall be notified in the Gazette and the persons so appointed shall hold office for a period of four years from the date of such notifiation. (3) The Samiti may, with the approval of the State Government and subject to such restrictions and limitations as it may impose, authorise any Local Committee constituted under sub-section (I) to per- form or exercise in the area for which such Low1 Committee is constituted, all Qr any of the duties, powers or functions vested in the Samiti. by or under this Act and the Samiti may, in like manner, with- draw such authorisation. (4) The provisions contained in sectiot~s 6, 7, 8, 9 and 10 shall apply to a Lo,cal Commit,ti=e as they apply to the Samiti subject to the modification that the powers exercisable by, and the duties imposed on, the State Government under the said sections shall, in relatien to a Local Committee, be exercised and discharged by t l ~ e Samiti and that it shall not be necessary to make aay consultittion as is required under sections 8 and 9: Provided that the dissolution or reconstifution of a Local Committee shall be subject to the prior approval of the State Government: Provided f~lrthel- that where the State Govern- ment are satisfied tlnt the removal of the Chairman, Vice-Chairman or a member of a Local Conimittee or the dissolution of a Local Cori;n?ittee is necessary and that the Samiti has fziled to take act on in that regard, they may, after consuIting the Samiti, remove such Chairman, Vice-Chairman or member or dissolve and reconstitute such LocaI Committee and t h t ,pro- visions of seetions 7 and 9 shall, as far as may be, apply therefor. 12. (1) Any owner may, by declcla ration made in f;TGon .th.e prescribed manner, donate his land for Bhoodan 'Yagna or for Gramdan: Provided tbat- (4 where a lanu is owned jointly by i,wo or more persons, the donation of such land shal1 not .be valid unless the declara- tion is signed by all such joint owaers; and (b) a declaration nzde by or on behalf of a person wlzo has not completed the age of 21 years shall not be valid. 42) :Every declaration made under sub-secfipn ( I ) shdll -be fikd brfore the Tahsildar within qhose juris- diction the land is situate: Provided that if the land is situate within the jurisdiction of mare than one Tahsildar the declara- tion may -be filed before the Tahsildar within whose jurisdiction any -portion ,of the land is situate. (3) Without prejudice to the generaIity of the ,foregoing .provisions no donation .of land made in pursuance of this Act by a .member of a Scheduled Tribe or Scheduled Caste for the purpose of Bhoodan Yagna or Gramdan, shall he declared invalid or inope-rative or ,otherwise open to cl~allsnge, merely on the,ground that any other law restricts or prohiblrs d ~ n s f e r s by members of such Tribes or .Castes wlthout previous consent of any*authority specsed in -any such law. 23. (:13 Every declaration filed under sub-section Dcclaratiwr filed undm (2) of section 12 shall, -as soon as possibIe, be publi- =tiw shed in such manner as may be prescribed, together ~ 4 t h a:notice:requiring all persons interested to sub- & .$heir o bjecths if any, in writing ,to the Tahsildar within two months fiom the date of such publication. (2) A copy of thc dcclaration together with the notice referred to in sub--section ( I ) , shall also be served in the prescribed manner by the Tahsildar on each of the persons known or believed to be interested in the land specified in the declaration, SO far as such service may be practicable. (3) 9 the expiry of the period of two months specified in sub-section ( I ) and after giving notice to the Samiti, the Local Committee concerned, the donor and the person, if any, who has fled objec- tions, the Tahsildar shall proceed to investigate as to the right, title and interest of the donor in respect of the land donated by him and consider all the objections filed under sub-section (I), and thereafter he may by an order either accept the declaration or reject it for any of the reasons mentioned in sub- section (6). (4) Where the Tahsildar accepts the declaration and if it is confxmed or deemed to have been confirmed by the Samiti under sub-section (6), the donor shall deliver possession of the land to the Samiti; and thereupon, the donation of the land shall, subject to any order in an appeal under section 27 or revision under section 28 or any decision in a suit under section 29 or in a further proceeding in relation to such suit, be irrevocable and all the ri stand transferred to, and vested in, the Samiti. f? title and inrerest of the donor in such land s ali (5)Every order accepting a declaration under sub-section (3) which is confirmed or deemed to have been confirmed by the Samiti under sub-section (6) shall be published in the Gazette. (6) The Samiti may, at any time within two months from the date of the order passed by the Tahsildar under sub-section (3), by order,confirrn any declaration accepted by the Tahsildar, or , reject it for any of the following reasons, namely:- (i) that there are encumbrances on the land; (ii) that there are arrears of land revenue or rent due on the Iand ; (iii) that the donor is not the owner ,of the land or. is otherwise ' not cqmpetent to make the donation: or (iv) that there is any other good or sufficient reason : Provided that if no ord&r is passed by the Sanliti either confir mi ng or rejecting any declaration accepted by the Tahsildar within the said period of two months, it shall be deemed that the declaration has been confirmed by the Samiti. (7) Where a declaration is rejected under this section or in an appeal. under section 27 or revision under section 28 or in a suit under section 29 or in a further proceeding in relation to such suit, the donation shall stand cancelled and the donor shall be deemed to continue to have the same right, title and interest as well as the same liabilities in respect of such land as he ha3 immediately prior to the filing of the declaration. .1 Grant ot 14. ' [ ( I ) The Sarniti may, aftei ' taking into by ihc consideration the wishes of the donor as far as samitl. possible, and subject to the limitations hereinafter provided, grant any land which has vested in it to a landless person who is abIe and willing to cultivate the land, or to the Governnlent or a local. authority. (I-a ) The maximum extent of land to be rrranted to a landlcss person shall be- - (a) if he doed not own any land, two acres; or (b) ifhe owns land measuring less than two acres, an area by which the land owned by him falls short of two acres. . (1-6) No land shall be granted to ' the Govern- r~lent or to a local authority in excess of five acres or for a pursose othcr than community purpose. (1-c) The person, Government or local authority to whom any land is so granted shall acquire therein such rigts and remain subject to such liabilities, condj tions, restrictions and limitations as may be prescribed. 1. ~ubstitutcd by thc OF~?-= Bhoodan and Gramdan ( Amendment) Act, I978 (Or. Act 15 of 1978), S. 2. ~57-73 (a) Law] 610 THE ORISSA BHQODAN AND GRAMDAN ACT, 1970 [Or Acf. (2) No permanent grant of land siiall be made under sub-section ( I ) until three months havc expired from the date of the order codrming the declaratinn by the Samiti or from the date when the Samiti shaTI be deemed to have confirmed the declaration or where an appeal is preferred under section 27 or a revision is filed under section 28 or a suit is instituted under section 29, until such appeal, revision or the suit or any further proceeding in relstion thereto is finaIly disposed of upholding such declaration. (3) The Samiti may take such steps for the temporary management of the lands vested in it as it thinks fit in accordance with the rules made in this behalf, until they are disposed of under this Act. Fund and property of 15. ( I ) The Samiti shall have its own Fund called ,hCSadti. the Orissa Bhoodan Yagna Sa~niti Fund; and all moneys which may, from time to time, be paid to it by any agency or any Government or any local authoritjT or any person shall be credited to the fund and all payments by the Samiti shsll be made ther* from. (2) All moneys belonging to the fund shall be deposited in such Banks or invested in such manner as may, subject to the approval of the State Govern- ment, be decided by the Samiti, (3) All property, Fund and other assets vesting in the Samiti shall be held and applied by it subject to the provisions and for the purposes of this Act. (4) The Samiti may accept any land in exchange for the land donated in pursuance of Bhoodan Yagna or Gramdan. -- CHAPTER 111 Declaration of a village 16. ( I ) Where, in a village or in a part of a as Gramdan viuage- v illage and constitution o c Gmma (a) the extent of lands donated for Bhoodan Parishad. Yagna or Gramdan, in respect of which declarations fiIed under section 12 have been confirmed or deemed to have been confirmed, is not less than fifty-one per cent of the total extent of land held under ~ f i v ~ t e ownership by the residents of that v~Ilagc or part thereof; ib) number of persons whose declarations have been so confirmed is not Iess than seventy-five per cent of the total number of Persons owning Iands and residing in the village or part thereof; and (c) not less than seventy-five per cenl of the persons who have completed the age of twenty-one Years and who are residing in the village or part thereof have declared in the* prescribed form and manner their desrre to participate in the Grarndan movement, the State Government or any officer not below the rank of a Collector specially authorised by them in that behalf may, on ihe recommendation of the Samjl~, declare, by notification, the village or such part thereof, as the cdse may be, to be a Gramdan village with effect from the date specified in such notification : Provied that no such part of a village shall be so declared unless the lands donated from a compact block and unless the requisite extent of communal and reserved land is contiguous to that part. @,As soon as may be after the publication of the notification under sub-section ( I ) , there shall be constituted for the Gramdan Village specified in the notification, a Grama Parishad and every person who has completed the age of twenty.one years who, either has donated any Iand far Bhoodan Yagna or Gramdan or who owns any land or house or whose name is included in the electoral roll of that village under the Orissa Grama Panchayat Act, 1964, shall :Fsp"ts be a member of such Parishad: provided that a person shall be disqualified for being a member of such Parishd if he is not a citizen of India or is of unsound mind and stands so declared by a competent court. (3) The ~Grama Parishad shall be a body car. porate having perpetual szlccession and a cornmoll seal with power, subjwt to the provisions of this Act 612 TE~E ORISSA BHOOBAN AND GRAMDAN ACT, 1970 [Or. Act. and the rules made thereu rider, to accgire, hold and &spose of property and to contract and may, by the said name, sue or be sued. (4) The Sallliti shall cause to be prepared and publislxd in the prescijbcd manner a list of the names of members of each Grama Parishad and the Grama Parishad may, from time to time, amend the list for the purpose of bringing it up-to-datc and n copy of every such amcndrnet~t shaI1 be forwarded to the Samiti which shall cause it to tz published in the prescribed manner. (5) Every such list and the amendments therctfi published under sub-section (4) shall be final and shall not be questioned in any court of law. (6) With effect from the date on which the list of members of the Grama Parishad is first published all the lands in the Gramdan village which have vested in -the Samiti under this Act, shall stand transferred- t o and vest in, the Grarua Parished. (7) Any land iu - the Gratndan village which vests in the Samiti by way of donation aftcr the aforesaid date shall also stand tra~lsferred to and vest in, the Grama Pirishad with effect from the date on which it vested in the Samiti. (8) There shall be a President and a Vice- President for each. Grama Parishad -who shall be elected in the priscribed manner by tfie members of' the Grama Parishad from among themselves. (9) The President and the Vice-President shall hold office for a period of four years from the res- pective date of their eIection. (10) The President may resign' his office by giving notice ,-in writing to the Grama Parishad and on the resignation being accepted by the Parishad he shall be deemed to have vacated his office. (11) The Vice-President may resign his ofice by giving notice in writing to the President and Ite shall be deemed to have vacated his ofice with effect from the date on which the notice was received by the President. (I2) The President shall exercise such powers and perform such functions as may be prescribed. i - . : (13) The Vice-President shall exercise such powers and pel-form such ions o f the President as thc President m:iy, fro111 time to time, dclcgate to him in writing. (14) Any casual vacancy, in office of the President or Vice-President shall, as soon as may be after tfze occrztrcnce of such vacnncy, be filled u? by election held in accordance i; ith the provisions of su b-sectior~ (8) and the PresidenL or the Vice-Prcsideut so elected shall enter upon ofice forthwith but shall fiold oj'fice only for thc residue of the tcrm of his predecessor. 17. ( 1 ) Any person who is, granted land by !he :z:c ofof Samiti under section 14 or is deemed under sectron land to 35 to have been granted land may by a declaration $"Za$d made in the prescribed manner and filed with theParisl,=~. Samiti, donate such land in favour of the Grama Parishad established for the village in which such land is situate. (2) Where a declaration made under sub- sec t i~n (1 ) is confirmed by the Samiti, the donation of the land shall, notwithstanding any thing to the contrary in section 14, be irrevocable and all the rights, title and interest of the donor in such land shall stand transferred to and vest in, the Grama Parishad. 18. ( 1 ) No Grama Parishad shall, without the previous sanction of the State Government alienate or trans'fer any land vested in it or any 'right or interest therein : Provided that the Grama Parishad may, with P o w of Grama pari- the previous sanction of the Col!ector exchange lands shad to transfcr and for the purpose of securing consolidation of holding alienate land. or hypothecate the lands vasted in it in favour of the State Government or a Co-operative Society or Land Development Bank or any scheduled bank within the meaning of the Reserve Bank of India oi 1934 Act, 1934 for the purpose of securing a loan. (2) Any transaction made in contravention of sub-section (1) shall be nu11 and void. 6 1 4 THE ORISSA BHOODAN AND GRAMDAN ACT, 1970 [Or. Act Manngcmnt 19. The Grama Parishad may--- uf thc lands rVcs t c d i n Gnma parid '[(a) allot all the lands vested it to landless s had. or homeless persons residing in the Gram- dan VIllagc either for cuItivation or for construction of house, as the casc may be, on suclz tcynis ;!rid conditions as i t thinks fit: ] Provided that whert: a person 112s donatcd all his lands under this Act the Grams Parishad shall, i f such person is willing to cccept thc allotment, allot ninty-five per centum of the Iands sn donated to that person, so however that the total extent of the lands allotted s1laII in no event exceed the ceiling limit applicable to such person un3er the Orissa Land Reforms Act, 1960; O r i ~ a ~ c t 16 of 19SO. (6) set a p r t lands for the general good of the community as may be specified in the rules; I (c) make advances eitber in kind or in cash to persons to whom lands are allotted and recover the advances so made ; Z[(c - l ) make advznces in cach for the purpose of construction, improvement or maintenance of houses, to persons to whom lands are alloted for construction of houses and recover the advances so made; ) (d) carry out measures for the improvement of lands and for the improvement of the methods of cultivation, the reclamation of waste Iands and for such other purpo- ses as may be specified in the rules ; (e) consolidate lands in the Gramdan village by exchange of lands or otherwise ; (f) undertake any agricultural or non-agri- cultural enterprise in the interest of the residents of the Gralndan village ; and 1. Substituted by thc Orim Bhoodan and Gmmdan [ Amendment ) Act, 1979 ( 05. Act 23 of 1979), S. 3 (i). 2. Inscrtcd by (ibid) S. 3 {ii). (g) perform such other functions as the State Governn~ea t may, by notification, aut ho- rise. 20. No act of a Grama Parishad or any cornmi- ;;:;: ,,- ttee thereof shall be deemed to be invalid by reason shad or it, only of any defect in the constitution of the Grama commitlcc Parishad or the committee, as the case may be. not to bc in- validated by idrmi~y, '[21. Allotment of land in a Gran.;dan village c[c. shall be subject to the followingconditions, namely :- Allotment OF land bv Gnma hi- (n) if the allotment is for cultivation, the shad. allottee shall, unless specifically exempted by the Grama Parishad, cultivate the Iand personally ; (h) if the allotment is for construct ion of house, the allottee shall construct, the house within a reasanaltle yeriud and shall, unless specifically exempted Ly the Grama Pari- shad, reside in the house ; (c) the aIIoite shall not transfer his inferest in the land or in thc house, but such interest shall he heritable. ~x.yIancriion--For the putposcs of this section and section 23, land shall not be deemed to be culti- vated personally unless the person hiinself or ally member of his family puts in such minimum lahour on the land as may be Iaid down by the regulations made by the Grama Paxishad.] 22. (1) Any persm aggrieved by an order of ~ isputcs regarding allotment of land made by a Grama Parishad may aIlotmcnl make an application to the Grama Parishad withinland. sixty days from the date of such order for arbitra- tion by an Arbitration Board and on receipt of such application the parishad shall refer the dispute for arbitration. (2) An Arbitration Board under sub-sectio11(2) shaII consist of- (i) one member nominated by the applicant; 1- Subslitutzd by the Orissa Dhoodan and Gramdan (Arnendmcnt) Ac~ , 1979 (Or. Act 23 of 1979), s. 4. 61 6 THE OXZSSA QHOODAN AND GRAMDAN ACT, 1970 [Or. Act (Secs. 23-26) ( i i ) one member norninatcd by the Grama Parishad ; and ( i i i ) one member nominated jointly by the members referred to in clauses ( i ) and (ii) but if there is no agreement in that regard one member to be nominated by the Samit j. (3) The decision of the Arbitration Board shal! be final and binding on the parties. Eviction of allottm. 23. (1) Whenever it comes to the notice of the Giama Parishad that any person to whom land has been allotted under section 19 has without sufficient cause failed to cultivate - such land personally for two consecutive agricultural years [or to costruct the house within two years from the date of alIotment and reside therein as the case may be,] it may make an appbcat ion to the Tahsildar having jurisdiction for eviction of the allottee from the land. (2) Upon receipt of an application under sub- section (1) the TahsiIdar may, after giving the person concerned a reasonable opportunity of being heard and after holding such enquiry as he deems fit, evict such person from the land. Funds of Grama Pari- 24. ( 1 ) Every Grama Parishad sball have a fund shad. into which shall be credited all sums and moneys received by it. (2) The fund shall be administered by the Grama P~risllad in accordance with the provisions of this Act and the rules and the regulations made thereunder. Allachment and sale o i 25. No land vested in a Grama Parishad shall land vesting be Ii able to attachment or sale in execution of any in G r m a dccree order passed by a civil or revenue court in Parishad. respect of an unsecured debt. Su~rscssion or a Cirama 26. (1) If at any time, the State Government are Parishad. of opinion that a Grama Parishad- (0) is not competent to perform, or persis- tently makes default in performing, the duties assigned to it by or undcr this Act ; or (b) exceeds or abuses the power assigned to it by or under this Act ; or - - - . - _ 1. Znscrrcd by the Orism Bhoodnn and Grarndan ( ~ m c o d m e n t ) G 1979 (Or. Act 23 of 1979) S. 5. (c) is not functioning in a manner consistent with the provisions of this Act or the rules framed there under , they may, by notification, and stating the reascns therefor, supersede the Grama Parishad for such period not exceeding one year as may be specifled therein : Provided that before issuing any such notifica- tion, the State Government shall give an opportunity to the Grama Parishad to show cause why it :should not be superseded and shall consider the ex Ianations f and objections, if any, filed by the Paris ad within one month from the date of receipt of the show cause notice and shall also consult the Samiti. , (2) Upon publication of a notification under sub- section ( I ) superseding the Grama Parishad- (a) the President and Vice-President of the Grama Parishad and the Presidents and, the members of all committees constituted : by it shall, with effect from the date of . notification, vacate their ofices as such; (b) all the powers and duties of the Grama Parishad shall, during the period of super- ' session, be exercised and performed by such .person or persons as the State Government ' may, from time to time, appoint in this behalf ; and , . I . . . , . (c) a11 properties vested in the Gramn Parishad shall vest in the State Government. (3) On or befo~e the expiration of the pried ,' of supersession specified in the notification issucd under sub-section ( I ) , the State Government may ex-. tend the period of supersession for: such further . period, not exceeding one year at a time, as they - may consider necessary, and on the expiration of the period of supersession either as originally specified or as extended, the Grama Parishad shall resume its functions and elect its Pres idd and Vice-President and constitute the Committee in the manner provided in this Act : Provided that the State Governii;ent may, at any time before the expiration of the period of super- session, by notification, reduce the said period. l78-73 (a) b r v 1 THE ORISSA BHO~DAB AND GRAMDAN Am, 1970 log. &T (4) The income derived from the Grcirndan Village during the period of supersession, shaIl first be utiliwd towards the cost of management during the period of supersession and liquidation of liabili- tres of the Grama Pasishad and the balance, if any, sball be Credited to the fund of the Grama Parishad. CHAPTER 1V Canceilrtion of grant '126-8 (1) Whenever it comes to the notice of- or allotment (a) the Samiti, that any person to whom land nas been granted under sectiod 14; or (b) the Grama Parishad, that any person to whom land has be-en alIotted under clause (a) of section 19. was not a landless person when such grant or allot- m'eilt was made, the Samiti or the Grarca Parishad, as the case may he, may, after giving the person comtirned a rqasonable opportunity of being heard and aftet maklng such enquiry as it deem fit, make an order cancelling the graut or the allotment, as the case may be : Provided that no proceedings under this Sub- section shalt be inttiated after the expiry of a period of thirty years from the date of the grant or allotment. (2) Upon an order of canceilation being made upder sub-section (1), the rights and interest of all persons holdibg the land 20 which the order relates shall stand extinguished and the land shall rever to fie Saimiti or the Grama Pa-tishad, -a9 the case may be, free from a11 encumbrances; ajhd it shall be the duty of the pkson in possession of the land to deliver po~ssession thereof to the Samiti o? the Grarna Parishad, as the case may be, within thirty days from the date of the order. (3) If possession is not delivered in accordance with the provisions of sub-section (J), the .Samiti or the Grama Parishad, as the case may be, may make -- - I . Ioserlcd b i the Orissa Bhoodaa and Gramdan (Amcndrnent) Act. 1978 (Q:. :kt 22 of 197CI), s. 2. an application to the Tahsildar having jurisdiction for eviction of the person in possession of the Iand whereupon the Tahsidar shall evict such person in the manner provided in sub-section 12) of section 23 and restore possession of the land to the S.amiti or the Grama Parishad, as the case may be. 26-B (1) If any person is :found to be in unau- f;E;h"jzs: thorised occupation of any land, the rigkt,title and occupsnts. interest wherein has vcsted in the Snmiti, the Tahsil- dar having jurisdiction may, on an application by the Samiti, made in that behalf within thirty years from the date when such occupation comes to the :knowledge of the applicant, and after making such enquiry .as he deems necessary, pass an order .requiring the person in such occupation to .vacate the land and to deliver possession thereof to the applicant within such date, not being earlier than thirty days from the date of the order, as may be specified in the order : Provided that no such order shall be passed ,without giving the person concerned a reasonable apportunity of being heard. Explanation-" Unauthorised occupation" means .tke occupation of laud otherwise than in accordance with the provisions af this Act. (2) i f the person in unau thorised occupation of the land fails to comply with the order passed qnder ,sub-section (I), the TahsiIdar shall evict him from the land and restore possession thereof to the applicant.) '[27. Any person aggrieved by an osder passer' Appeal Qr made by- (u) the Tahsildar under sub-section (3) of section 13, or under sub-section (1) of section 26-B; or (b) the Samiti or Grama Parishad, as the case may be, under sub-section (1)of sectio n 26-A, may, within4hirty days from the date of the order, prefer an appeal before the Subdivisional Officer within whose jurisdiction the Iand is situated.] 28. The Col'ector of the district i p w b i ~ h the R tvisian land is sit-ua te may, on .a,ppliration made by any per- son aggrieved by an order passed in an appeal undgr section 27 within sixty days from the date of the . . +-- 1. ~ubstitufed by thc 0rissa Bhydsp grid ~jramdan (~mcndtne~t) A,ct, 1976.(0r. A@ 22 of 1976). s. 3. . .. 620 . THE ORISSA BHOODAN AND GRAMDA NACT, 1970 [ Or, Act. Filling >I suit. Grantce or alIoifec of land not to bc n tenant. Excaption of stamp duty and rcgislmtion fec, ctc. A C ~ to over- ride other laws. order, call for the ~ecord of the appeal and if it appears to him that there has been a failure of jus- tice, he may make such order as he deems fit. 29. (1 ) Any person aggrieved by an order passed by the Tahsildar under sub-section (3) of section 13 m y , if he has not preferred an appeal under sec- tion 27, institute a suit after the expiry of the period mentioned in section 27 but before completion of -a period of three monihs from the date of such expiry, in a Civil Court having jurisdiction to have the order set aside. (2) Any person aggrieved by an . order under section 27 or under section 28 may,, within three -months from the date of the order, institute a suit in a Civil Court having jurisdiction to have the order set aside .: . . Provided that no such suit against anorder under section 27 shall lie so long as an application, if any, made by such person under section 28 remains pending. : 30. No person to whom any land is granted by the Sarniti or is allotted by a Grama Parishad under this Act shall bc deemed to be a tenant in respect of ,such ],and for the purpose of any law relating to tenancy for the time being in force. , 31. Every ,declaration and any ,grant or ,allot- , ment of :land made or deemed t o have been made . under this Act s!iall be, and shall be deemed always to have: been, exempt from the payment of fee- fox encumbrance certificate, stamp duty, registration fee and fee for the attestation of power-of-attorney undcr sub-section (2) of section 33 of the Indian Registra- le 19:s , tion Act,,l908. 32. The provisions of this Act shall have effect , notwithstanding any thing inconsistent t hcrewit h con- ' tained in any other law for the time being in force. Poir8er lo make Regu- 33. (1 ) The Samiti may, with the previous sanc- lations. ti05 of the State Government make regulations not inconsisten! with this Act and the ruIes made there- under, t o provide for the conduct of its business and : . ' , . all other matters for which provision is necessary and expedient for the purpose of enabling it to dis- charge its functions under this Act. (21 Subject to the provisions of this Act and the rules, if any made thereunder, a Grama Paxishqd may, with the previous sanction of the Samiti, make regulations to carry out the purposes of this Act and in particular for the conduct of business, election of ofice bearers, appointment of Commit tees, rnainte- name of accounts and the audit thereof, appointment of employees and the remuneration payable to them, the principles t o be followed in the allotment of Iand and for the levy of SUMS for such allotment, the grounds on which the allottees may be evicted from the lands, the manner of eviction of the allottees and any other matter for which provision is necessary and expedient for the purposes of enabling it to discharge its functio~ls under this Act. 34. ( I ) The State Government, may make rules potvcr make rulcs. to for carrying out a11 or any of the purposes of this Act. (2) I n particular and without prejudice to the generality of the foregoing power such rules may provide for- (a) the matters to be taken into account by the Samit in granting lands to landIes person ; (b) the form of declaration and the manner in which it shall be filed and the documents to be filed along with the declaration ; (c) the manner of inquiry, and hearing and disposal of objections under section 13 ; (d) the service of notices under this Act ; (e) the payment of travelling and other alIow- ances to the Chairman, Vice-Chairma a and members of the Samiti and Local Commi- ttees ; (f) the procedure to be followed by the Samiti and Local Committees in respect of financia1 matters generally, , {ncluding the manner in which and the restrictions, limitations and conditions ' subject . to which expenditure may be incurred by the Samiti and the Local Committees ; (g) tho form in which the accgunts bf the Samiti and Local Committees shall be kept, the audit and publication qf such accounts and the charges, if any, . to be made for such audit ; 222 Tm OR~SSA BHOODAN AND GRAMDAN ACE, 1970 [Or. A cs (Sec. 34-cor7rd.) (h) the preparation of Annual Budget and the reports and returns to be furnished by the Samiti to the State Government and by the L G C ~ Comn-rittees l o the Samiti ; (i) th e appointment of a Secretary and staff for the Samiti and the Local Committees and the remuneration payable to them and the delegation af the powers of the Samiti and Local Committees to the resp,ective Chairman, Vice-chairman and Sqcre t ary ; ( j ) the s u m m o n i ~ ~ g and 1-lolding o f meetings of the Samiti .and the Local Committees and the time and place at which such meeting shall be held, the conduct of busipess there at and the number of mem- bers necessary to constitute a quorum ; (k ) the subdivision of lands where any portion of ,land is granted or donated under this Act ; (0 the settlement of disputes in regard to the allotment of lands by a Grama Parishad, thelevy of sums for such allotment and the eviction of allottees from the lands allotted ; !the enforcement of the decision of a .Grams Parishad ; (rz) inspection and verification of tbc accour~ts and records .of the Samiti and Grama Pafishads by -officers opt he State Govern- ment-; and (o) any other matter which has to be, or may '%e.prescribed. $3) AUmles made under this Act shall, as m ~ n :as :may be ,after they are made, ,be laid before :the bMte :Legislature for a total period of fourteen days .which may :be comprised in o ne or more sessions and if :during the said period the State Legislature makes modifications, if any, therein the rules shall -.thereafter have effect only in such modified form, so however that ,such modification shall be without .pjuaise to .the .validity of anything previously d a e ;under the ~ u l e s . Orissa A C ~ 35. The Orissa Bhoodan Yagna Act, 1953 (here- ~ e p a l and l6 Of inafter referred to as the said Act), is hereby repea- asdnB- led : Provided that- (0) the Bhoodan kagna Samiti constituted under the said Acr shall be deemed to have been constituted under this Act and the Chairman and members thereof shall contiuue to lwld office until the Samiti is reconstituted in accordance with the provisions of this Act ; (b) all rules and orders made, notifications and notices issued, con tracts entered into, saist and proceed ir:gs instituted and aU actions taken and things done under the said Act sl~all be deemed to ]lave been respective1 made, issued, entered into, instituted: taken or done under this Act and shall continue in force until new provisions are made under the appropriate provisions of this Act ; (c) all donations of land made under t h e said Act and all distributions of such land made thereunder shall respectively be deemed to be donations and grants made under this Act I[ ; 1 *( d ) notwithstanding anything to the contrary contained in any other provision of this Act, all Gramdan villages declared as such under the rules made under the said Act shall, for all purposes, be deemed to be Grarndan villages declared under this Act and all actions taken in furtherance of the declaration earlier mentioned shall be deemed to have been taken under this Act, and the provisions of this Act shaU, so far as may be, apply to the said Gram- dan villages. ] 1, Substituted by thc Orissa Bhoodan and Gramdan Amendment ) Act, 1978 (Or, Act I5 of I978 ),s.3 2. Addcd by ibid.