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State of Odisha - Act

The Orissa Bhoodan and Gramdan Rules, 1972

ODISHA
India

The Orissa Bhoodan and Gramdan Rules, 1972

Rule THE-ORISSA-BHOODAN-AND-GRAMDAN-RULES-1972 of 1972

Published on 1 January 1972
Commenced on 1 January 1972
[This is the version of this document from 1 January 1972.]
[Note: The original publication document is not available and this content could not be verified.]

1. Short title and commencement.

(1)These rules may be called the Orissa Bhoodan and Gramdan Rules. 1972.

(2)They shall come into force at once.

2. Definitions.

- In these rules unless there is anything repugnant in the subject or context-

(1)"Act" means the Orissa Bhoodan and Gramdan Act, 1970;

(2)"Form" means a form appended to these rules;

(3)"Section" means a section of the Act;

(4)All other words and expressions used in these rules and not defined herein shall have the same meaning as are respectively assigned to them in the Act or in the revenue laws for the time being in force in different areas of the State.

3. Appointment of Chairman, Vice-Chairman and members of Samiti.

(1)If the recommendation of Shri Acharya Vinobha Bhave or the person nominated by him is not communicated to the State Government within a period of 60 days from the date of issue of the reference of State Government regarding the appointment of the Chairman, Vice-Chairman and members of the Samiti they may make the said appointments without the consultation as required by Sub-section (1) of Section 4.

(2)For the purpose of facilitating the work of the Samiti the State Government shall, after consultation with the Samiti appoint one of the members to act as Secretary of the Samiti.

(3)The Samiti may appoint an Administrative Officer or such other officer with such designation as it may deem fit.

(4)Constitution of the Samiti-As soon as may be after appointment of members of the Samiti is made, the State Government shall, by notification in the official Gazette in Form I, declare the constitution of the Samiti.

4. Meetings of the Samiti.

(1)The Samiti shall ordinarily meet once in every month for transaction of its business at such place and time as the Secretary, in consultation with the Chairman, may fix.

(2)The Secretary shall ordinarily give ten clear days' notice to the members for holding of a meeting.

(3)The quorum for such meeting shall be four including the Chairman:Provided that if the quorum is wanting at any meeting, it shall be adjourned to such other date as may be fixed by the Chairman to which the agenda of the adjourned meeting shall be carried over and, the rule of quorum shall have no application for the adjourned meeting.

5. Powers, duties and purposes of the Samiti.

(1)The Samiti shall have powers-

(i)to appoint its own staff, on such terms and conditions as it may deem necessary for the management of the property vested in it;

(ii)to hold and administer the property, funds and other assets vested in it;

(iii)to rehabilitate the grantees of lands (and to provide for quick utilisation of the same) by making gilts of agricultural and other accessories, seeds, grains and by creating new village sites, raising homesteads, completing irrigation projects, and by doing such other things as it may deem necessary for carrying out the provisions of the Act;

(iv)to enforce the restrictions placed on the grantees of land under the provisions of the Act;

(v)to propagate the ideals of Bhoodan Yagna and Gramdan Movement in so far as the Samiti may deem it necessary to facilitate the purposes of the Act, through lectures, meetings, printed literature, drama, songs and other methods.

(2)The Samiti shall perform and exercise all or any of the powers and, duties conferred on it by the Act or by these rules in respect of all property, funds and other assets vested in it either by itself or through delegation of powers to the Chairman, Vice- Chairman or the Secretary, as the case may be, or through the local committees subject to the prior approval of the State Government :Provided that the power so delegated may at any time be revoked by the Samiti.

6. Powers and functions of the Chairman.

- The Chairman of the Samiti-

(i)shall convene and conduct the meetings of the Samiti;

(ii)shall preside over the meetings of the Samiti; and

(iii)shall have the powers to inspect and supervise- all the works undertaken by the Samiti.

7. Manner of filing of declaration.

(1)The declaration under Subsection (1) of Section 12 shall be in Form II [or Form 11-A] [Inserted vide Orissa Gazette Extraordinary No. 135/28.1.1976.].

(2)Such declaration shall be accompanied by a copy of the Khatian pertaining to the land or if there be no Khatian, a copy of the rent receipt showing the Khata number and other particulars of the land or map or any other document clearly identifying the land. In the absence of any document the local name and boundaries of the land shall be furnished.

(3)The declaration together with the documents mentioned in Sub-rule (2), shall be filed in duplicate before the Tahsildar by the donor or any person duly authorised by him.

8. Manner of publication of declaration.

(1)Each declaration filed under Sub-section (2) of Section 12, shall be registered as a case and a case Register for the purpose shall be Maintained in Form III.

(2)The Tahsildar shall, after registration, publish the declaration in the following manner, namely :

(a)A notice containing particulars shown in the declaration shall be issued in Form IV.

(b)A copy of the declaration together with the notice shall be affixed on a conspicuous place in the village in which the land is situate in presence of not less than two persons and in case of an uninhabited village, the publication, shall be made in the manner aforesaid in the nearest inhabited village.

(3)The service of the declaration and the notice under Sub-section (2) of Section 13, shall be effected either by a registered post with acknowledgement due, or through process servers or by both means according to the discretion of the Tahsildars.

9. Filing, hearing, and disposal of objections.

(1)The objections under Sub-section (1) of Section 13 shall be in writing and shall be filed by the parties personally or through their agents duly authorised before the Tahsildar. The objection petition shall be exempted from Stamp-duty.

(2)The investigation to be conducted by the Tahslidar under Subsection (3) of Section 13 shall be of summary nature. The Tahsildar shall issue notice to the parties concerned to appear before him at a specified time and place for conducting the investigation. The Tahsildar if he so thinks may himself or through some of his subordinate officers conduct local enquiry. While making investigation the Tahsildar shall ascertain whether-

(a)the donor making the declaration has prima facie right, title and interest in the land specified in the declaration;

(b)the donor is legally competent to make the donation;

(c)the land is vacant;

(d)there are no encumbrances on the land; and

(e)there are no arrears of land revenue or rent due on the land :

Provided that in those cases where the land donated is subject to subordinate tenure or is in the occupation of any person other than the donor, it shall be deemed to be vacant, if the subordinate tenure holder or the person in occupation agrees in writing to the donation of the land and is prepared to vacate in favour of the grantee or the Samiti :Provided further that if the person in actual possession is not prepared to vacate the land in favour of the grantee or the Samiti the donation may be accepted subject to the right of the subordinate tenure or occupier.

(3)The Tahaildar shall, before hearing the objections give a notice in Form V to the declarant and the objector free of charge and send copies thereof to the Grama Panchayat in which the land is situate.

(4)The Tahsildar after considering all the objections filed under Sub-rule (1) and after making an order accepting the declaration shall furnish a copy of the same to the Samiti within a week from the date of the order of acceptance for its confirmation.

10. Register of donated lands.

- The Samiti shall maintain a register of all donations of land accepted by the Tahsildar and confirmed by it in Form VI. A separate register shall be maintained for each district Tahsil wise.

11. Grant of land by the Samiti.

(1)Landless persons for the purposes of the Act shall mean such persons who do not have any agricultural lands of their own.

(2)Lands vested in the Samiti may be granted to landless persons to such extent as the Samiti may, in view of all circumstances of the locality, extent of land available for distribution and after consultation with the inhabitants of the locality in which the land is situate, consider fit and proper.

(3)The Samiti or such other person duly authorised by the Samiti shall grant a donation deed duly executed in Form VII. The signature or thumb impression of the grantee shall be taken on the deed in token of his acceptance of the grant.

12.

The Samiti shall maintain a register in Form VIII in which the grants made by it shall be registered.

13. Rights and liabilities of the grantee.

(1)Any land granted under the provisions of the Act may be cultivated by the grantee either individually or with the help of family members or by hired labourers and the grantee shall be liable to pay the rent, cess and any other dues for the time being in force payable to the State Government in respect of such land :Provided that where the land has been granted to a number of persons jointly, all the persons to whom the land is granted shall be jointly and severally liable for payment of rent, cess and other dues payable to the State Government in respect of the said land.

(2)The grant of land in pursuance of Sub-section (1) of Section 14 of the Act, shall take effect from the date on which the land has been granted by the Samiti.

(3)On the death of a person the land granted to him under the provisions of this Act, shall pass on to his successor in interest, who shall hold the land on the same terms and conditions as the grantee.

(4)All alienations by way of mortgage, sale, lease, exchange, gift, bequest or otherwise of lands granted under the provision of this Act shall be void and inoperative :Provided that the grants may for the purpose of incurring a loan for reclamation, cultivation or improvement of the land, mortgage the same with the State Government or any Co-operative Society subject to such loan being recoverable as arrears of land revenue.

(5)If the grantee who has been allotted the land or his successors-in-interest-

(a)abandons the land granted to him,

(b)without any reasonable cause keeps the land fallow for more than two consecutive years, or

(c)fails in the case of grant of waste lands within a period of three years from the date of the grant to bring at least half of such land under cultivation without any reasonable cause,

the Samiti may make an application to the Tahsildar having jurisdiction for eviction of the allottee from the land.

(6)Upon receipt of an application under Sub-rule (5) the Tahsildar 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.

14. Temporary management of land vested in the Samiti.

(1)The Samiti may, in respect of the lands vested in it settle the land with such person or persons for temporary management in the following manner, namely :

(i)no person or group of persons shall be settled with more than two acres for each member;

(ii)a group of persons who offer to take up joint cultivation shall be given preference over individuals;

(iii)out of individuals, preference shall be given in the following order of priority, viz.,-

(a)persons having no lands;

(b)those with less than five acres of land in the family;

(iv)if land is not enough for any group or class, the available land shall be distributed equally among the applicants of the group or class according to priority.

(2)The settlement of such land shall be on the following conditions, namely :

(i)land shall be handed back on a fixed date after close of the cultivating season and will remain with the Samiti before the start of the next cultivating season; and

(ii)if the land is required by the Samiti during the cultivating season the Samiti shall have powers to take back the land on payment of compensation for the standing crop only.

(3)The temporary grantee shall be liable to pay to the Samiti an annual premium equal to ten times the rent payable by occupancy raiyats for similar lands with similar advantages in the vicinity.

(4)The temporary grantee shall be required to execute a written agreement containing terms and conditions mentioned in Sub-rules (2) and (3).

15. Declaration for exchange of land.

- The acceptance for exchange of any land under Sub-section (4) of Section 15 of the Act shall be in Form IX.

16. Form and manner of declaration for Gramadan village.

(1)The declaration under Clause (c) of Sub-section (1) of Section 16 shall be made in Form X.

(2)It shall be filed before the Samiti.

(3)The notification declaring a village or part thereof as Gramdan village shall be in Form XI.

17. Preparation and publication of the list of members of the Grama Parishad.

(1)The draft list of names of members of each Grama Parishad shall be prepared with reference to the Electoral Roll of the village in accordance with the provisions of the Orissa Grama Panchayat Act, 1964, the record-of rights of the village maintained by the Tahsildar and the registers of donated lands maintained by the Samiti and such other documents as are deemed necessary in support of ownership of land and authenticated by the officer authorised in that behalf by the Samiti. The list shall be prepared in [* * *] [Deleted vide Orissa Gazette Extraordinary No. 1235/8.S.1974.] Forms XII (a) and XII (b).

(2)The list shall be published at a conspicuous place in the village with a notice in Form XIII slating the date by which objections may be received and the date on which enquiry will be taken up. A copy of the list with copy of the notice shall also be published in a conspicuous place in the office of the Grama Panciiayat in which the village is situate.

(3)Objections may be entertained an the only question that any entry in the list is not in conformity with the corresponding entry in the Electoral Rolls of the village under the Grama Panchayat Act, 1964 and with relevant revenue records and entry in the register of donated lands. A period of not less than seven days from the date of publication of the list shall be allowed for filing of objections.

(4)The objections as may be received shall be enquired into by the officer authorised by the Samiti on the date fixed. Such dates shall be as far as practicable within seven days after the last date 'for filing objections. The Enquiring Officer shall duly consider the objection and dispose them of after hearing such of the parties who may be present on the date of hearing. He shall announce his decision after the close of the enquiry on each objection. The lists shall be corrected, if necessary, on the basis of the orders passed on the objection and the register so corrected and authenticated by the officer shall constitute the final list of the names of the members of the Grama Perished.

(5)The list of the members of the Grama Parishad shall be received at the end of each year by the Secretary to the Grama Parishad. For the purpose of bringing in up-to-date, the procedure laid down in Sub-rule (4) shall be followed in amending the list. A copy of the amended list shall be forwarded to the Samiti who shall cause a copy of the same to be published in the notice board of the Samiti.

18. Election of the President and Vice.

- President of Grama Parishad-The election of the President and Vice-President of the Grama Parishad shall be conducted by an officer authorised by the Samiti to act as an Election Officer.

19. Convening the meeting of Parishad to hold election of President and Vice-President.

- The Election Officer shall then convene a meeting of the Grama Parishad with ten clear days' notice to be held on a fixed date and time to be specified by him for holding the election of President and Vice-President of the Parishad. The notice for convening the meeting shall be in Form XIV.

20. Election Officer to preside over the meeting of the Parishad.

- The Election Officer shall preside over the said meeting of the Perished.

21. Quorum for the meeting.

- The quorum of the said meeting shall be fifty per cent of the valid members of the Parishad. If quorum is wanting the meeting shall be adjourned to such other date as may be fixed by the Election Officer and the adjourned meeting shall be held without the quorum required for the purpose,

22. Election.

- The Election Officer shall try, as far as possible, to make the election of President and Vice-President uncontested. In case there is no possibility of making the election uncontested, he shall try to arrive at the conscientious of opinion of the members of the Grama Perished in the matter of election of President and Vice-President.

23. Election when contested.

- In case of his failure to obtain the said opinion the Election Officer shall adjourn the meeting to a future date, on which date he will hold the election of the President and Vice-President out of contesting candidates.

24. Result of election.

- The voting should be by raise of hands. The number of votes shall be counted in favour of each such candidate and recorded in writing by the Election Officer before declaring the result of election. Candidates obtaining maximum number of votes shall be declared elected.

25.

In case of equal votes, the election shall be made by drawing of lots and the person whose name is drawn first should be declared to have been duly elected by the Election Officer.

26. Powers and functions of the President.

- The executive authority of the Parishad shall vest in the President who shall-

(a)give effect to the resolution of the Parishad in relation to matters entrusted to it under the Act;

(b)make an application to the Tahsildar having jurisdiction for eviction of the allottee for the land under Section 23 of the Act ;

(c)administer the funds of the Grama Parishad;

(d)convene, preside over and conduct the meetings ; and

(e)exercise such other powers, discharge such other duties and perform such other functions as may be conferred or imposed on or assigned to him.

27.

The declaration under Sub-section (1) of Section 17 shall be in Form XV.

28. Management of lands vested in the Grama Parishad.

(1)The Grama Parishad may set apart lands vested in it to the general good of the community for communal development purposes to such extent as it deems necessary.

(2)The Parishad may carry out measures for irrigation, soil erosion and for such other purposes as would ensure best utilisation of the land vested in it.

29. Sub-division for part donated land.

- Where a portion of a plot is either donated or granted, subdivision of the plot shall be made immediately after the grant of donation. It shall be made after spot enquiry and a trace of the village map showing the subdivision of the plot effected shall be prepared in triplicate. One copy shall be retained by the Samiti or the Grama Perished, as the case may be, the second copy shall be handed over to the donor or grantee and the third copy shall be sent to the Tahsildar or correction of the maintained record-of rights, The true map shall clearly indicate the total area of the plot and the area donated or granted.

30. Settlement of disputes relating to allotment of land.

(1)The decision given by the Arbitration Board in pursuance of Sub-section (3) of Section 22 shali be in writing and shall be communicated to the disputing parties and to the Grama Parishad. A copy of the decision shall also be sent to the Samiti.

(2)The Grama Parishad shall decide in the form of a resolution whether it would levy any sum for allotment of land vested in it and the rate of levy.

31. Eviction of allottees from donated lands.

- The order of eviction under Sub-section (1) of Section 23 shall be served in the same manner as revenue process has served and a copy shall be delivered to the allottee or to any adult member of his family at his usual place of residence or to his authorised agent or by affixing a copy thereof to some conspicuous part of his last known residence or to a part of the land which the allottee has failed to cultivate personally for two consecutive agricultural years.

32. Preparation of the Samiti budget.

- The Samiti shall formulate its annual budget and submit it to the Board of Revenue by the first of August every year for moving Government for making the necessary grant.

33. Recurring expenditure and non-recurring expenditure.

- The budget shall be prepared into two parts as detailed below. Part I shall show the receipt from different sources while Part II of the budged shall contain the Sub-parts viz., Part II (a) showing the recurring expenditure and Part II (b) the non-recurring expenditure under the units below :

Part I – Receipts (a) Grants-in-aid received from Government.

(i)Recurring;

(ii)Non-recurring.

(b)Amount received from other agencies, if any.

Part II – Expenditure (a) Recurring expenditure-

1. Pay of Establishment

2. Allowances

(i)Dearness Allowance;

(ii)Travelling Allowance;

(iii)Other Allowances.

3. Contingencies.

(b)Non-recurring expenditure-

(i)Subsidy or grants for reclamation of waste land and cultivable waste land in Gramdan villages or to individual Bhoodan grantees;

(ii)Subsidy or grants to villagers for excavation of masonry wells, reservoirs, tanks and repairs to old tanks, etc.;

(iii)Subsidy of grants to needy Bhoodan grantees for purchase of bullocks;

(iv)Supply of seeds, agricultural implements and manures, etc., to needy Bhoodan grantees ; and

(v)Any other expenditure to be sanctioned by Government from time to time.

In support of the expenditure required in connection with the recurring expenditure a statement showing the calculation to arrive at the amount provided in the budget under different units shall be appended to the budget estimate in Part I. Similarly details in support of the budget provision in respect of non-recurring expenditure shall accompany the budget estimate in Part II.

34. Drawal of money.

(1)The Secretary or such other officer as may be authorised by the Samiti may draw the quarterly requirements of its recurring expenditure in [the last week of every preceding quarter] [Substituted vide Orissa Gazette Extraordinary No. 1029 of 1976.] in Miscellaneous Bill Form duly countersigned by the Secretary, Board of Revenue.

(2)[ The non-recurring expenditure provided for a quarter may be drawn by the Secretary or such other officer, as the case may be, in advance in the same manner, after the scheme and its break-ups are approved by Government, in Miscellaneous Bill Form.

(3)The recurring and non-recurring amounts when drawn shall be placed in a savings bank account in the State Bank of India, Bhubaneswar in the name of the Secretary of the Samiti and money thereafter shall be drawn from the said account by the Administrative Officer according to the requirement after obtaining the orders of the Secretary of the Samiti.] [Substituted vide Orissa Gazette Extraordinary No. 1093/28. 6. 1975.]

(4)[ The pay of the staff of the Samiti shall be drawn and disbursed only after such posts are sanctioned by the Samiti.] [Re-numbered vide Orissa Gazette Extraordinary No. 1093/28. 6. 1975.]

35. Maintenance of accounts.

- The accounts relating to the funds of the Samiti shall be maintained in the following manner, namely :

(i)Cash Book in Form XVI;

(ii)Bill Register of the establishment in Form XVII;

(iii)Contingent Register in Form No. 29 of the Orissa Treasury Code, Volume II ;

(iv)Acquittance Roll for pay and travelling allowance of the staff in Form XVIII;

(v)Register of advance made to Officers for distribution of subsidy in Form XIX ;

(vi)Register for disbursement of subsidy or grants in Form XX.

36. Maintenance of cash book.

- The following instructions shall be followed for maintenance of Cash Book-

(i)All moneys received by the Samiti and their subsequent remittances to the Bank shall be accounted for in the Cash Book. The money withdrawn from the Bank and its subsequent disbursement shall also be accounted for in the Cash Book ;

(ii)All cash transactions shall be entered in the Cash Book as they occur and attested by the Administrative Officer in token of check.

(iii)The cash shall be closed regularly and completely checked. The Administrative Officer shall verity the totalling of the Cash Book. He shall strike out the closing balance and write it in words and certify it to be correct under his dated signature. The Secretary of the Samiti may authorise any responsible subordinate, other than one who writes the Cash Book, to discharge the function of the Administrative Officer in his absence. The Cash Book must be received and checked by the Administrative Officer when he takes over charge.

(iv)Erasures and over writings shall always be avoided and as soon as a mistake is discovered it shall be corrected by drawing the pen through the incorrected entry and inserting the correct one in red ink. Such corrections shall be initialled by the Administrative Officer, or the person in charge of maintaining the Cash Book in his absence.

(v)At the end of every month, the Administrative Officer shall verify the cash balance of the Cash Book and record the fact.

(vi)The Secretary or the Chairman of the Samiti shall verity the cash balance not less than three times a year.

37. Maintenance of Contingent Register.

- The following instructions shall be followed for maintenance of the Contingent Register

(i)The most common sub-head and detailed heads may have separate columns and with appropriations noted at the top. The less important and trivial items may be lumped together in one column, when each of the separate items need not be accounted for or watched separately. Any charge falling under any of the separate column headed "Description" under "Minimum charges" though the amount of it is entered only in its special column and the same "description" column will serve also for note of the month of period to which the recurring charges entered in the other columns belong.

(ii)The Administrative Officer shall initial the entries in this register in the appropriate column. In case any other officer has initialled the entries in the register during his absence the register must be reviewed and the entries re-intialled by the Administrative Officer oh return to headquarters.

(iii)When any payment is made, entries must be made in the contingent register with the date of payment, the name of payee and the number of sub-vouchers in the three columns to the left and the amount in the proper column and in case of any charge requiring explanation, the initial of the officer incurring it shall be taken against the description.

(iv)To enable the Administrative Officer to witch the progress of the expenditure under each detailed head as compared with the appropriation for it, a progressive total of all the columns must be made monthly immediately after the monthly total so as to include all payments under each head.

38. Maintenance of the Bill.

- Register-The following instruction shall be followed for maintenance of Bill-Register :

(i)The Bill Register shall be maintained by the Administrative Officer.

(ii)The money to be drawn on account of each bill must be entered in Columns 4 to 7 of the Register. The Cashier or the Accountant receiving the money shall initial against cash entry in Column '9' in token of receipt. The amount disbursed and the amount short drawn shall be entered in Columns 10 and 12, respectively.

(iii)The Administrative Officer shall verify the entries in the register and initial in Column 14 in token of having done so.

39. Nivedak to send requirement of funds of pay and allowance of the staff.

- The officer in charge of any subdivision or district officer of the Samiti (hereinafter called the Bhoodan Nivedak) shall send them requirement for the pay and travelling allowance of the staff within his jurisdiction in Form Nos. 22 and 25, respectively of the Orissa Treasury Code, Volume II so as to reach the Administrative Officer by the third day of fee following month to which the claim relates.

40. Payment of pay and allowances of the establishment of the Samiti.

- On receipt of the establishment pay bill from the District or Sub-divisional Officer, the Administrative Officer shall scrutinise the bill to satisfy himself that the amounts included in the Bills are correct and appropriate in accordance with the rules governing pay and allowances of the employees of the Samiti. He shall pass the Bills and then take steps to send the money to the District Bhoodan Nivedak concerned by money order. While Sending money by M.O. to the District Bhoodan Nivedak concerned tot disbursement, the Administrative Officer shall send acquittance roll in support of the same which shall be returned to him by the Bhoodan Nivedak within seven days after taking proper acquittance of the payees. The undisbursed amount, if any, at the close of the month may be refunded as short drawal from the claims of the next month.

41. Submission of schemes for non-recurring expenditure.

- So far as non-recurring expenditure is concerned the Samiti shall first send the schemes to Government through the Board of Revenue for approval. While sending the proposal they shall indicate the break-up for different quarters of the year keeping in view the working of a slack season.

42. Disbursement of gifts.

(1)Gifts made by the Samiti under Rule 5 shall be disbursed by the Administrative Officer at convenient centres only after the grantee executes a bond with surety or sureties in Form XXI to his satisfaction and furnishes a receipt, duly stamped, where necessary.

(2)The money required for disbursement during a tour, shall be drawn by the Administrative Officer, from the fund of the Samiti as an advance with the prior approval of the Secretary and disbursed to the grantees according to the programme approved by the Samiti on proper identification with the help of the Bhoodan Nivedak concerned.

(3)Account of such advances shall be maintained in Form XXII.

43. Maintenance of accounts of gifts.

- As soon as payments are made the Administrative Officer shall note the same in the Register in Form-XX and forward a list of such payments in Form XXII to the District Bhoodan Nivedak concerned for his information and record. Such information shall be preserved by the District Bhoodan Nivedak in a permanent guard file.

44. Submission of completion report and utilisation certificate.

- (l) The Bhoodan Nivedak or such other officer as may be authorised by the Samiti shall inspect the work executed by the grantee and report to the Administrative Officer within one month from the date stipulated for completion of the work as to whether the grantee has executed the work according to the terms in the bond or not. If the work has been executed according to the terms in the bond, he shall submit the completion report in form XXIII which shall be preserved in the office of the Samiti after noting the fact in the appropriate column of the register of gifts in Form XX.

(2)The utilisation certificate in respect of grants sanctioned to the Samiti by the State Government in any year shall be submitted to the Board of Revenue by the 15th September of the following year.

45. Recovery of the dues of the Samiti by certificate proceedings.

(1)The Administrative Officer, shall file requisitions for initiating certificate proceeding in a proper Court to effect recovery in cases where the Samiti has resolved to effect such recovery.

(2)The progress of recovery of grants shall be maintained by the Administrative Officer in a register in Form XXIV.

46. Audit of accounts.

(1)The account of the Samiti shall be subject to audit by the Internal Audit Organisation attached to the Board of Revenue.

(2)The Administrative Officer of the Samiti shall submit such statements and returns as may be called for from time to time by the Board of Revenue or by the State Government.

(3)The records maintained by the Samiti shall be made available to the Accountant General, Orissa or his representative whenever required to enable him of his representative to audit the accounts of the Samiti.

47. Grama Perished fund.

- The Grama Perished fund shall be deposited in the Grama Perished in the Savings Bank of the nearest Post Office and at no time the cash balance In the custody of the President shall exceed the sum fixed by the Samiti.-

48. Custody of Grama-Parishad fund.

(1)The cash book of the Grama Parishad and the cash balance including the Post Office Savings Pass Book if any, shall be made available for inspection at any reasonable time to members of the Samiti and inspecting officers and auditors appointed under the Act.

(2)Any shortage noticed in the cash balance during inspection or audit shall be treated as misappropriation.

49. Grama Parishad budget.

- The annual budget estimate, supplementary and revised estimate shall be prepared by the President of the Parishad and shall be placed before the Grama Perished by the 7th March of the year preceding the financial year for which the budget estimate is being prepared on 7th August and 11th March respectively of the financial year to which the estimate relates for approval. No expenditure shall be incurred unless the budget estimate is approved by the Perished.

50. Receipts.

(1)All moneys received by the Perished shall be brought into account as soon as they are received. All moneys so received shall be credited into the Grama Perished fund daily.

(2)Mo money received on behalf of the Grama Parishad shall be utilised for expenditure without first being brought into account.

(3)No person entrusted with the collection of any fund relating to the Grama Parishad shall collect any sum without issue of proper receipt.

51. Expenditure.

(1)All payments out of the Grama Parishad fund shall be made only after, bills are passed by the President or by any person duly authorised in that behalf by the Parishad.

(2)No expenditure shall be incurred without budget provision and sanction of the President, supported by a Resolution of the Parishad to incur such expenditure.

52. Maintenance of accounts by the Grama Parishad.

(1)All receipts and payments made by the Grama Parishad shall be entered in the Cash Book to be maintained in the form prescribed under Rule 35 (i).

(2)All corrections and alterations in the accounts shall be neatly made in red ink and attested by the President.

(3)At the end of every month the President shall verify the cash balance of the Cash Book and record the fact in it.

(4)The Parishad shall maintain, besides the Cash Book the following Accounts Registers-

(a)Bill Register of the Establishment in Form XVII.

(b)Contingent Register in Form No. 29 of the Orissa Treasury Code, Volume II.

(c)Acquittance Roll for pay and travelling allowance of the staff in Form XVIII.

(d)Register of advances made to officers for distribution of subsidy and other advances in Form XIX.

(e)Register of disbursement of subsidy, grants and advances in Form XX.

(5)The procedure for maintenance of Cash Book Contingent Register and Bill Register by the Grama Parishad shall be as laid down under Rules 36, 37 and 38.

53. Audit.

(1)The purposes to which the Grama Perished Fund may be applied include all objects specifying under the Acts and the Rules made thereunder and in general everything incidental to the administration of the said purposes and the Fund shall be applicable thereto subject to the provisions of the Acts and Rules.

(2)The accounts and registers prescribed under these rules shall be maintained according to the financial year.

(3)The audit of the accounts and inspection and verification of the Accounts and records of the Grama Parishad shall be made by such officers of the State Government as may be directed by them.Form I[See Rule 3 (4)]In pursuance of Sub-rule (4) of Rule 3 of the Orissa Bhoodan and Gramdan Rules, 1971, the Governor of Orissa hereby declares that the Bhoodan Yagna Samiti for Orissa has been established consisting of the following members :

Serial No.	Name of the member	Designation	Address
(1)	(2)	(3)	(4)
1		Chairman
2		Vice Chairman
3		Secretary
4		Member
5		Member
6		Member
7		Member
8		Member
9		Member
10		Member
11		Member

Form II[See Rule 7 (1)]Bhoodan Yagna Declaration FormI .......................................son of..........................resident of village..................."".... P. S..................P. O.....................District........................being the owner of the land/lands described below hereby donate the said land/lands to the Bhoodan Yagna/Gramdan (movement initiated by Shri Acharya Vinoba Bhave) this day of..................................................

Name of village, pragana, tahasil and districtin which the donated land lies	Status	Khata No.	Plot No.	Description of land donated	Extent of interest
Boundary	Area	Class	Rent and cess
1	2	3	4	5	6	7	8	9

Witness :No. 1.No. 2.Date 20.................Signature of Donor[Form II-A] [Inserted vide Orissa Gazette Extraordinary No. 133 of 1976.][See Rule 7(1)]Bhoodan Yagna Declaration form for donation of Government landsI, Shri........................................Collector of the District................being authorised to donate the Government lands described below do hereby donate the said land/lands to the Bhoodan Yagna/Gramdan (movement initiated by Shri Acharya Vinoba Bhave) this.................day of..............19.........The land may be granted in favour of the Grama Parishad concerned namely :

Name of village, pragana, tahasil and districtin which the donated land lies	Status	Khata No.	Plot No.	Description of land donated	Extent of interest
Boundary	Area	Class
1	2	3	4	5	6	7	8

Witness :No. 1.No. 2.Date......... 20............Signature of the donor on behalfof the State GovernmentForm-III[See Rule 8 (1)]Register of [Bhoodan/Gramdan] [Register for Bhoodan and Gramdan lands to be maintained separately.] Declarations presented before the Tahasildar under Section 12 (2) of the Act

Serial No.	No. of declaration	Date of filing of declaration	Name and address of the declarant	Village and Pragana in which the land in respectof which the declaration is filed, is situated	Partculars of the land donated
Status	Khata No.	Plot No.	Area	Class of land
1	2	3	4	5	6	7	8	9	10

Rent and cess	Whether objection filed under Section 13(1) ofthe Act	Date of order of acceptance or rejection of thedeclaration of whole or part of the Tahsildar	Date of communication of the order to the Samiti	Orders if the appeal, if any	Remarks
11	12	13	14	15	16

Form IV[See Rule 8 (2) (a)]Whereas Shri/Shrimati.................................son of /daughter of/wife of.................resident of village.......................P.S..................District.....................has declared on.....................that he/she has donated the land/lands described below to the Bhoodan Yagna/Gramdan it is hereby published that any objection to the said declaration which will be received within two months from the date of issue of this notice shall be taken into consideration.Description of land

Name of village, pragana, tahasil and district inwhich the donated land lies	Class of land	Khata No.	Plot No.	Boundary	Area	Land revenue and cess	Extent of interest
1	2	3	4	5	6	7	8

Given under my hand and the seal of the Court this .......................................day of ..........................20..........

	(Signed)...................
Seal of the Court	Tahsildar...................

Form V[See Rule 9 (3)]ToWhereas you have declared that you have donated the plot/plots of the land/lands have filed objections against the donation of the plot/ plots of land described below to the Bhoodan Yagna/Gramdan described below to the Bhoodan Yagna;You are hereby informed that (date, month and year) has been fixed for hearing objections and taking evidence, if any, produced in support thereof;You are therefore, directed to produce on that day all the documents and evidence on which you intend to rely in support of your case.Take notice that in default of your appearance on the day aforesaid, the case will be heard and determined in your absence.Description of land

Name of village, pragana, tahasil and district inwhich the donated land is situated	Class of land	Khata No.	Plot No.	Area of plot donated	Land revenue and cess of the plot donated	Extent of interest
1	2	3	4	5	6	7

Given under my hand and the seal of the Court this.............day of..................20............

Date.................................	(Signed)...................
Seal of the Court...............	Tahsildar...................

Form VI[See Rule 10]Mouza ...................Union No..........................Thana.................. Tahsii.................... District

Date of declaration	Serial No.	Name of the declarant and his address	Date of filing of the declaration by the donor	Total area of land in possession of thedeclaration	Area donated
Acre	Decimals	Acre	Decimals
1	2	3	4	5	6	7	8

Extent of interest	Name of the village and thana	Touzi No.	Khata No.	Plot No.	Area of each plot donated	Rent and Cess	Remarks
9	10	11	2	13	14	15	16

* Separate registers to be maintained for Bhoodan and Gramdan lands.Form VII[See Rule 11 (3)]Form of donation deed to be executed by the Bhoodan Yagna SamitiThe plot/plots of land described below out of the lands donated to the Bhoodan Yagna/Gramdan movement initiated by Shri Vinoba Bhave is/are hereby granted to Shri/Shrimati.......................son of/daughter of /wife of.............resident of village...Pargana..................................P.S................... District...................on the following conditions :

(1)The grantee shall pay the rents, cess-and all other taxes of the land from this the..............day of..........................19........................to the State Government or their authorised agent.

(2)The grantee shall not transfer the land by sale, mortgage, lease, or otherwise in favour of any person except the State Government ora Co-operative Society.

(3)The grantee shall hold the land subject to the provisions of the Orissa Bhoodan and Gramdan Act, 1970 and the rules made thereunder.

Name of village, pragana, tahasil and district inwhich the donated land is situate	Classification of land	Khata No.	Plot No.	Area	Land revenue and cess of the plot	Remarks
1	2	3	4	5	6	7

Witness :Date.......................20.....................Signature and designation of theperson authorised by the SamitiForm VIII[See Rule 12]Form of Register of Grants made by the Bhoodan Yagna Samiti

Serial No.	Name of Grantee with parentage and residence	Khata No.	Plot No.	Area of the plot granted	Classification	Village	Pargana	Police Station	District	Remarks
1	2	3	4	5	6	7	8	9	10	1

Form IX[See Rule 15]ToThe Secretary, Bhoodan Yagna Samiti, OrissaSir,It is hereby declared that we feel the necessity for the exchange of the land described below to facilitate the donation of land on and reconstruction of village according to the principles of Bhoodan Yagna started by Shri Acharya Vinoba Bhave, and therefore, we on our own accord hereby exchange the lands.Lands described in Col. (a) are exchanged with lands described in Col. (b).

(a)	(b)
Name of the Owner.....................	Name of Owner..........................
Address :Village.........................	Address : Village.........................
P.S...................................	P.S....................................
P.O...................................	P.O....................................
Dist..................................	Dist...................................
{\|
Name of the Village, Pargana, tahsil and districtin which the donated land lies	Class of land	Khasra No. of the plot/ plots donated or KhataNo. or boundary thereof	Area of plot /plots donated	Land revenue of the plot/ plots donated	Extent of interest
1	2	3	4	5	6

Name of the Village, Pargana, tahsil and districtin which the donated land lies	Class of land	Khasra No. of the plot/ plots donated or KhataNo. or boundary thereof	Area of plot /plots donated	Land revenue of the plot/ plots donated	Extent of interest
1	2	3	4	5	6

|-| Signature of the owners| Signature of the Representative of the Bhoodan Yagna Samiti|-| 1.| Date..................20...........|-| 2.| Seal....................|-| Date............20........||-| Witnesses :||-| 1.| Date..................20...........|-| 2.| Seal..................|}Form X[See Rule 16 (1)]Declaration to participate in the Gramdan MovementWe, the undersigned residents of village...................................P.S................Tahsil................District............. who have completed the age of 21 years on the date on which this declaration is made, do hereby declare that we desire to participate in the Gramdan movement.

1.	(Signature).................
2.
Date...................	1.
	2.
Place..................	3.

Form XI[See Rule 16 (3)]Notification for declaration of Gramdan villageThe..................20.................No...................in exercise of powers conferred under Sub-section (1) of Section 16 of the Orissa Bhoodan and Gramdan Act, 1970 (Act 2 of 1971), the State Government/I, Shri..........(Designation)...............specially authorised by the State Government in this behalf hereby declare, on the recommendation of the Orissa Bhoodan Yagna Samiti that the village/part of the village specified in the schedule hereunder shall constitute a Gramdan village with effect from...................

Schedule

1. Name of the village/part of the village with detailed specification

2. Thana No. of the village................................

3. Police Station............................

4. Tahsil...........................

5. District.........................

Form XII (a)[See Rule 17 (1)]List of names of the members of ......................................Grama Parishad, Village......................P.S.....................District......................... owning land and residing in the village.

Serial No.	House No.	Name	Father/ Husband's name	Extent of land as available in therecord-of-rights	Remarks
1	2	3	4	5	6

Form XII (b)[See Rule 17 (1)]List of the names of the adult members of.......................Grama Parishad, Village.......................................P.S....................................District.

Serial No.	House No.	Name	Father/ Husband's name	Serial no. in the Electoral Roll for the village under the Orissa Grama Panchayat Act	Remarks
1	2	3	4	5	6

Form XIII[See Rule 17 (2)]Notice for publication of list of the members of Grama Parishad of the Village.....................P.S...................District.................Notice is hereby given that the list has been prepared in accordance with the provisions of Section..............of the Orissa Bhoodan and Gramdan Act, 1970 and a copy thereof is available for inspection at.................... If there be any claim of omission or incorrect writing of particulars in that list, it should be lodged on or before the.................19.................Every such claim should either be presented in any office on.............or if sent by registered post to the address given below, so as to reach me not later than the aforesaid date.The objection that may be received will be enquired into at.........(Place) on.................(date) at................a.m./p.m. Persons filing objections are required to appear either in person or through authorised agent for purpose of the enquiry at the above place, date and time. No further notice will be given and the objection disposed of on merits in case of failure to attend.

Election Officer
Date....................	Address....................

Form XIV[See Rule 19]Notice for convening the meeting of the Grama Parishad for election of President and Vice-President of the ParishadNotice is hereby given that a meeting of the..............Grama Parishad will be held at...............(hours) on.................(date) at ...............(place) for holding election of President and Vice-President of the Parishad. All the members of the Parishad are hereby informed to remain present in the said meeting for taking part in the election.

Date....................
Address....................	Election Officer

Form XV[See Rule 27]Declaration for donation of land in favour of Grama ParishadI............................ son of.............................resident village................P.S..............Tahsil............ District..............being the grantee of the land described in the schedule below/being deemed to be the grantee of the land specified in the schedule below in pursuance of Section 35 of the Orissa Bhoodan and Gramdan Act, 1970 (Act 2 of 1971), do hereby declare that I donate the said land in favour of...................Grama Parishad.

Schedule 2

Name of the village, Tahsil and this District inwhich the donated land is situate	Plot and holding number with boundary	Classification of land	Area of land donated	Extent of interest of the donor	Land revenue and cess payable in respect of theland donated
1	2	3	4	5	6

Witnesses:

1.

2.

Date.................Place................Signature of the donorForm XVI[See Rule 35(1)]

Receipts	Expenditure
Date of receipt	Particulars of receipts	Amount received from the Treasury	Amount received from other sources	Date of expenditure	Particulars of expenditure	Amount paid to the individual payees	Amounts remitted into the Treasury	Remarks
1	2	3	4	5	6	7	8	9
		Rs.P.	Rs.P.			Rs.P.	Rs.P.

Form XVII[See Rule 35 (ii)]Bill Register of the Office of................Allotment...............Pay..............Dearness allowance..................Travelling allowance................Contingencies................

Net amount of the Bill
Date of receipt	Monthly serial number of the Bill	Description	Pay	D.A.	T.A.	Contingencies	Total
1	2	3	4	5	6	7	8
			Rs.P.	Rs.P.	Rs.P.	Rs.P.	Rs.P.

Net amount of the Bill
Date and signature of the cashier who receivedthe money	Amount disbursement	Date of disbursement	Amount short drawn	Dated initial of the Administrative Officersigning the cash book	Remarks
9	10	11	12	13	14
	Rs.P.	Rs.P.

N.S. : The allotment should be written in red ink on the top of each column.Form XVIII[See Rule 35 (iv)]Acquittance Roll of Permanent (or Temporary) Establishment of the..............for pay or travelling allowance for the month of..............19.............

Item No.	Name	Designation	Net amount payable	Dated Signature (with stamp where necessary)unpaid items to be noted as such and attested
1	2	3	4	5
			Rs.P.
		Total		Total unpaid
		Rs................ (Rupees..................)

Passed for Rs..................(.................) on the authority of the Establishment/Travelling allowance Bill of..............for.............Cashier.Drawing OfficerCertified that a proper acquittance has been taken in respect of each amount paid in this roll from the person entitled to receive.Drawing OfficerForm XIX[See Rule 35 (v)]Register of advances made to officers for distribution of gifts (subsidy or grant) sanctioned by Bhoodan Yagna Samiti, Orissa

Amount disbursed or refunded	Name and description of the Officer	Date of advance	Acknowlegdment of the Officer taking advance	Amount disbursed or refunded	Refunded quoting No. and date for entry in thegeneral cash book	Balance after each transaction recorded inColumns 5 and 6	Remarks
Disbursed quoting case No.
1	2	3	4	5	6	7	8

Form XX[See Rule 35 (vi)]Register of gifts (subsidy or grant) disbursed

Serial No.	Date of payment	Name and address of grantee	Amount paid	Date fixed for completion of work	Date of receipt of completion, certificate	Whether work completed or not	If not completed date of placing before theSamiti
1	2	3	4	5	6	7	8

Purpose of the Resolution	Date of intimation to the District Officer	Date of filing certificate, if any, approved bythe Samiti	Particulars of the amount for which certificateis filed	Date of recovery of certificate dues	Remarks
Grant	Interest	Total
9	10	11	12	13	14	15	16

Form XXI[See Rule 42 (1)]This bond is executed on the.....................day of....................................by us, Shri........................ of village (hereinafter called the grantee) and Shri..................village.....................his surety (hereinafter called the surety);Whereas the grantee has received from the Administrative Officer of the Bhoodan Yagna Samiti a gift equivalent to a sum of Rs........................(in words)................granted by the said Samiti for the purpose of.................to the grantee on the terms and conditions hereinafter appearing ;Now, we the grantee/grantees and the sureties jointly and severally undertake to ourselves that the gift above written shall be utilised exclusively for the purpose for which the same has been granted by the Samiti (within) a period of.....................months (specifically) before the..................(date) ..................... and report of utilisation of the said sum shall be submitted to the...................We, the grantee/grantees and the surety/sureties do hereby jointly and severally bind ourselves to the said Samiti to pay to it the said sum of money if the grantee fails to utilise the said gift for the purpose for which the same is received with interest thereon from the date of this bond at the rate of six and one-fourth per cent per annum until the whole sum due, is paid and if the said gift (sum) is utilised for the purpose above written within the time stipulated this bond shall be void and ineffective.

Dated........day of.........
Witnesses :
1.	Signature of the grantee
2.
Witnesses :
1.
2.	Signature of the Surety

Form XXII[See Rule 42(3)]Advance of payment of gifts (subsidy or grant) in....................district during the month of...................

Serial No.	No. on the register of gift (subsidy or grant)	Date of payment	Name and address of the grantee	Amount paid	Date fixed for completion of work	Date of completion report to the AdministrativeOfficer
1	2	3	4	5	6	7

Form XXIII[See Rule 44]Completion Report of work done by the Grantee

Serial No.	No. on the register of subsidy or grant	Date of payment	Name and address of the grantee	Amount paid	Date fixed for completion of work	Nature of work done	Certificate of the District Bhoodan Nivedak	Remarks
1	2	3	4	5	6	7	8	9
					Certified that the amount of grant or subsidysanctioned for reclamation of land/excavation or repairs ofmasonry wells, tanks and reservoirs/purchase of bullocks or seedsor manures or agricultural implements, etc. in favour ofindividual/groups of persons/ village community has been fullyutilised for the purpose for which it was granted and the workhas been done according to the specification given.

Form XXIV[See Rule 45(2)]Register of requisitions for Certificate

Serial No.	Nature of claim	Name and address of the defaulter	Amount due	Date on which requisition is made to theCertificate Officer (initials of the Certificate Officer)	Date on which petition of objection, if any, isreceived, by the Requisitioning Officer for disposal (initials ofRequisitioning Officer)
1	2	3	4	5	6

Date of disposal of petition	Date of return of petition with connected file toCertificate Officer	Date of final disposal of Certificate with noteof the manner in which disposed of (whether payment made or itemsstruck or items struck off as irrecoverable)	Amount	Number of Chalan	Date	Remarks
7	8	910(a)	10(b)	10(c)	11

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