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State of Assam - Section

Section 4 in Assam Gramdan Act, 1961

4. Donation of land by way of gramdan.

(1)Any owner of land, not being a minor, may donate by way of gramdan all his lands in a village by filing a declaration in the prescribed form before the prescribed authority.
(2)A declaration under sub-Section (1) shall not be valid unless it is made-
(a)in the case of land subject to a mortgage by the mortgagor and the mortgagee jointly ;
(b)in the case of land held under a grant, lease or assignment from the Government without permanent rights, by the person holding it, with the previous approval of the Government.
(3)Every declaration under sub-Section (1), shall be published in such a manner as may be prescribed, together with a notice requiring all persons interested in the land to submit their objections, if any, in writing to the prescribed authority within thirty days of the publication of the declaration.
(4)On the expiry of the period specified in sub-Section (3), the prescribed authority may, after considering the objections received, if any, and after making such further enquiries as may be prescribed, by order, either confirm the declaration or refuse to confirm it.
(5)Any person aggrieved by an order of the prescribed authority under sub-Section (4), may file an appeal to the authority prescribed in this behalf within forty-five days of the date of order and subject to the decision on such appeal, the order of the prescribed authority shall be final.
(6)A declaration which the prescribed authority has by, order, refused to confirm under sub-Section (4) shall be of no effect.
(7)No person who has filed a declaration under sub-Section (1), shall thereafter be competent to transfer or create any encumbrance on any land, in respect of which the declaration has been filed, unless and until an order under sub-Section (4) refusing to confirm the declaration, or an order under sub-Section (3) of Section 5, declaring the village in which the land is situated as not qualified to be a gramdan village is made. Any transfer made or encumbrance created in contravention of this provision shall be void and inoperative.