5. [ Donation by way of Gramdan. [Section 5, Substituted by Bihar Act 6 of 1978, vide Section 4 (w.e.f. 23rd August, 1978).]
- Any person may join the Gramdan of a village, in which he resides or has his land, by making a declaration in the form and manner prescribed, that he agrees to be following conditions namely:-(1)If he is a land owner-(i)he shall donate not less than 1/20th of his land to be specified by him other than homestead in that village to the Gram Sabha of that village for distribution to the landless persons of the village in the manner prescribed or for the purposes determined by the Gram Sabha in accordance with the provisions of this Act;(ii)subject to the provisions of clauses (iii) and (ii) and other provisions of this Act, his title in the rest of his lands to be specified by him in the prescribed manner in the village shall vest in the Gram Sabha;(iii)he or his heir shall continue to be in possession of the rest of his land and shall hold the same in the capacity of a Gramdan Kisan, provided that the land so held by him is not in excess of the ceiling areas permissible under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (Bihar Act XII of 1962);(iv)he or his heirs shall contribute regularly to the Gram Sabha in the prescribed manner, not less than 1/14th of the produce of the land;(v)he or his heirs shall have full rights over the remaining portion of the produce;(vi)he or his heirs shall have power to transfer and mortgage the land, or any part thereof:Provided that-(a)they give prior intimation of the intended transfer or mortgage to the Gram Sabha; and(b)the Gram Sabha, a landless Gramdan Kisan holding land adjoining to land to be transferred or mortgaged, a land less Gramdan Kisan of the village, other Gramdan Kisan holding and adjoining the land to be transferred or mortgaged shall have the right of preemption in that order over every such transfer or mortgage.(2)If his main source of livelihood as ascertained by the Gram Sabha comes from his earnings in cash, he shall contribute regularly 1/30th of his monthly income to the Gram Sabha.(3)If he is a landless person living by his labour he shall contribute periodically to the Gram Sabha 1/30th of his labour or income computed in such manner and paid within such time as may be prescribed by the Regulation.(4)He shall join the Gram Sabha of his village.(5)Nothing contained in this Section shall be deemed to confer on the declarant any right which he did not possess immediately before the declaration:Provided that any owner, in respect of any land held by him under grant lease or assignment form the Government, may sign such declaration with the previous approval of the Government:Provided further that where any such owner has donated any of his land in the village or in the adjacent villages by way of Bhoodan, he shall be exempted from making any further donation of land by way of Gramdan if the area of his previously donated land is equal to or in excess of the 1/20th part of his total lands therein; but in case it is less than 1/20th, he shall be required to make up the deficiency by a fresh donation of land by way of Gramdan.]
