8. Declaration of voluntary transfer of lands by way of Gramdan.
(1)Any holder of land, not being a minor, may file a declaration in the prescribed form before the Chairman that he donates, that is to say, voluntarily and without consideration agrees to transfer to the Gram Sabhas to be constituted as hereinafter provided, all his lands in the village specified in the declaration by way of Gramdan:Provided that, where any holder 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 the donor may specify land of his choice, not exceeding 19/20th of his total lands so donated, for allotment under sub-section (1) of section 26 for his personal cultivation as a Gramdan Kisan and shall contribute the remaining lands, not less than ½0th of his total lands, to the land pool of the village for the benefit of landless persons:And provided also that in specifying the lands to be held by him as Gramdan Kisan, the donor 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 holder shall-(i)join the Gramdan Community of the Gramdan village: and(ii)contribute annually to the Gram Nidhi 1/40th of the produce of the land held by him as Gramdan Kisan or such other portion of the produce as the Gram Sabha may fix, or the cash value thereof.(3)A declaration under sub-section (1) shall not be valid unless it is made:-(a)in the case of land held by two or more persons as co-tenant by all such persons jointly:(b)in the case of land held by a Ghair Khatedar tenant, with the previous permission of the Collector of the district in which the land is situate; and(c)in the case of land under mortgage, by the mortgagor and the mortgagee jointly.(4)A declaration under sub-section (1) may be made either individually or jointly.
