The Assam Bhoodan Act, 1965

The 20th August 1966 No,LJL.34JM/13.- The following Act of the vssarn Legislative Assem bly which received the assent ofthe President is hereby published for ~eneral information. ASSAM ACT XXIII OF l:J66 [Received the assent of the President on the 12th August It)661 THE ASSAM BHOODAN ACT, 1965 ,Publislled in the 4ssamGaretteExtraordinary, dated the 22nd August 19GQ) An Act ;0 facilitate donation andsettlement ofLands in connection with the Bh.edon Jajna movement initiated by Acharya Vino;a Bhaoe, Preamble Whereas it is expedient t<l facilitate the donation of lands received as Bhoodan in response to Bhoodan jaJI13 movement initialed bv Acharya Vinoba Bhave and to provide for regularisation, distribution and settlement of such lands to the landless persons and to provide for matters ancillary thereto ; -----------~,,/ 2 It is hereby enacted in the Sixteenth Year of the Republic of India as follows :- Short title, 1. (1) This Act may be called the Assam 13hoodan extent and Act, 1965. commence n.ent. (2) It extends to the whole of the State of Assam. (3) It shall come into force at once. Defisitioas; 2. In this Act unless there is anything repugnant in tle subject or context- (a) '13hoodan' mei-lns donation of a parcel of land which is made voluntarily for the purpose of this Act; (b) 'Bhoodan Board' means the Assam Bhoodan Board established under section 6; (c) 'Declaration' means a Bhoodan declaration made under section 3 ; (d) 'Government' means the Government of Assam; (e) 'Land' includes all town lands; (fj 'Landless Person' means a per,on- (i) whose main source oflivelihood is agricul ture or agricultural labour; and ,ii) who docs not hold any land or holds an uneconomic holding ofless than five bighas ofland; (g) 'Owner' means- (i) in relation to land held by a tenant with permanent rights, the tenant j (ii) in relation to land held under a grant, lease orassignment from Government, the holders, and (iii) in relation to any other land, theperson to whom the land belongs ; - 'Person interesied in relation to any land i means any person clairnirg any right, title or interest in the land and includes a person having a right of easement affecting such land; " (i) 'Prescribed' except where the welds"pres cribed by Regulations" are used, means prescribed by rules made under this Act; (j) 'Revenue officer' means the Deputy Com missioner and includes the Additional Deputy Commissioner,SIIb-divisionalOfficer or any Officer not below the rank of a Sub Deputy Collector appointed by the State Government by name or by virtue of his office to discharge any of the functions of a Revenue Officer under this Act; (k) 'Sub-divisional Bhoodan Committee' means the Committee establishedunder section 9 ; (I) 'Village' means a revenue village registered as such in the revenue records ; (rn) 'Town land' mean> any land within an area declared or deemed to be a Munici pality c.r notified area under the Assam Municipal Act, 1956 (Assam Act XV of 1957) and any other land which the State Gcvnnment may declare, under [he ASS3.m Land and Kevenue Regulation, 1886 or in accordance with the provision of section ;I of the Land Revenue Re-assessment Act (Assam Act VIII of 1936), to be town. land, f)gnlltiow(jf 3. (1) Any owner of land not~)eilJga minor rray land by donate by way of Bhcodanall or ,my of his lands way of by declaration in the prescribed form in writing in that Ill,g(jIan behalf before the Revenue Officer. (2) A declaration under sub-section (1) shill not / be valid in respect of the following classes of lands- (a) lands i.eld by a person under a grant, lease or assignment from the Government with out permanent rights, unlessthe previous approval ofGovernment is received; (b) lands which are encumbered ; (c) land in which the interest of theowner is limited to his lifetime; (d) land which'is held by the owner for personal service or "bhog" ; (e) lands under encroachment; 4 (J) lands under litigation ; (g) such other lands as the State Government may, by notification in the official Gazette, specify. (3) Every declaration under sub-section (1) shall be published in such 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 ofthe publication ofthe declaration. (4) On the expiry of the period specified in sub section (3), the prescribed authority may, after con sidering the objections received if any, and alter making such fUIther enquiries as may be necessary, by order, either confirm or refuse to confirm the declara tion. (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 behalfwithin forty-five days of ti.e dateofthe order and subject to the decision on such appeal, the order ofthe prescribed authority shall be final. (6) A declaration which the prescribed authority has, by order, refused to confirm under sub-section (4) s .all have no effect. (7) The prescribed authorityshall forthwith inform the Bhoodan Board of every cafe of confirmation. (U) No person who has filed a declaration under sub-section (1) shall thereafter be competent to trans fer or create any encumbrance 011 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 is made. Any transfer made or encum brance created in contravention of this provision shall be void and in-operative. Donation of 4. (l) Where any land has been donated by way 01 lafndnbY'd"ay Bhoodan prior t j the commencement of this Act. the oprior1\t0o0thaen DeputyCorn"rmssroner S J iaII prepare a ]r'st 0 f aII 'fUCI 1 commence- lands, other than lands to which the provisions of meet of the sub-section (2) ol section 3 apply, showing therein- Act. (a) the area, (b) dag number, (c) location, (d) name and address of the donor, (e) date of dona tion, (f) the nature of the interest of the donor in the land, (g) land revenue, (h) local rate, (i) class of land, (j) if the land has been granted to any person 5 by any organisation authorised in this behalf iri pursuance of the Bhoodan Jajna, the name and address of the person to whom the land has been granted, (k) the date of the grant under sub-clause (j), and (1) such other particulars as may be pres cribed. (2) The list so prepared shall be published in the manner prescribed. (3) Upon the publication of the list under sub section (2) and notwithstandiLg anything to the contrary in any law for the time being in torce, (a) the right, title and interest of the c1onor in such land shall with effect from the date ofdonation be deemed to have been extin guished and the land to have vested in the Bhoodan Board as if a Bhoodan declaration has been duly made and confirmed in respect thereto, under and in accordance with se.::tion 3; (b) where such land has in pursuance of the Bhoodan Jajna has been granted to any person it shall wLh effect from the date of grant deemed further to have been granted to the grantee under and in accordance with the provisions of sub section (1) of section 7. Eflecls of 5. Notwithstanding anything to the contrary con- dec~aralion rained in any other law for the time bein: in force ~ ~Ih Ja~d s a, with effect from the date of confirmat"ion of the, lan~.an declaration, all rights, title and interest of persons whose declarations have been confirmed under sub section (4) of section 3 in Or over the lands covered by such declarations, shall c-ase and shall stand transferred to and vest in the Bhoodan Board. Establish- 6. (L) As soon as may be after the commencement menl! incor- of this Act, there shall be established by the State a p n ar d a ctIoonnstitu- G overnment. IJy nonificcaattr i on I 0 n the offiicciia 1Gazette, tion of the a Board to be called the "Bhoodan Board" for pur- Slate poses ofcarrying out the pr.wisions ofthis Act. Bboodan Board. e 6 (2) The Bhoodan Board shall be a body corpo rate with perpetual succession and a common seal and shall have power to accept, reguJarise and distri bute lands received as Bhoodan. (3) The Bhoodan Board shall consist of the fa" k.wing members, namely ;- the Chairman to be nominated by the State Government In consultation with Acharva Vinoba Bhave or any persol' i'lithorised by him ill this behalf, (b) a representative ofthe State Government in the Revenue Department, (c) one reprcsentritive from the Assam Sarbo day Mandai, (d) one representative from the Akhil Bharat Sarba Seva Sangha to be nominated bv that body, (e) one repre,rntative from the Assam Cram Swarajya Samittee, (1) one representative from Smarak Nidhi, (g) one representative from the Assam Khadt and Village Industries Board, and (It) one representative from the Kasturba Gandhi Rastriya SmarakTrust, Assam. (4) The Chairman and Members of the Bhcodan Board shall hold office for a term of three yeatS from the date of publication ot their nan.e in the official Gazette and shall be el!1:'ible lor re-nomination. 7 (5) TheBhoodan Board shall hold its office at Gauhati but may hold its meetings at any place it considers expedient for conveniently carrying out its duties and functions. (6) The Bhoodan Board shall appoint one of its Members as Secretary. (7) The Bhoodan Board may delegate any of its powers and functions under this Act except the power to make regulations under section 19 to the Secretary or any Member or to a Sub-committee of three or more ofits Members. (8) The State Government may, by order in the official Gazette, remove from office, the Chairman or any Member of the Bhoodan Board who, in the opinion of the State Government has failed to perform or is unable to carry out his duties, or has abused his position as a Member of the Bhoodan Beard. (9) Any vacancy of a Chairman or a Member caused by death, resignation, removal or otherwise shall be filled up for the remaining period ofthe telm in the manner laid down in sub-section (3) of section 6. Duties and 7. (1) Itshall be the duty ofthe Bhoodan Board to functions of distribute lands vested in it to the poor landless theBoard, cultivators for the benefit and furtherance of the BhoodanJajna, in the manner prescribed Provided that any town land vested in it may also be set apart for the use of the Bhoodan Board or the Sub-divisional Bhocdan Cornrrirtee. (2) 1 he Bhoodan Board shall for the purpose and furtherance of the Bhocdan ]ajna perform such ,I other functions as may be necessary in respect of such lands. (3) Information of every case of distribution shall forthwith be sent by the Bhoodan Board to the local Revenue Officer. Supersession 8. (1) Ifat any time, in the opinion ofthe State . or Disaolu- Government, the Bhoodan Board-e- lion of the Jlurd. (a) is not competent to perform or persistently defaults in dischalging the duties or per forming the functions assigned to it b) this .A,.ct without )eason....ble <auseor excuse ; or 8 (b) exceeds or abuses the powers assigned to it under this Act ; or (c) is not functioning in a manner consistent with the provisions of thisAct or the rules framed thereunder; or (d) circumstances have so arisen that the Bhoodan Board is rendered unable to discharge duties or to perform functions assigned to it under this Act ; or (e) it is utherwise expedient or necessary to dissolve the Bhoodan Board ; the State Government may, by notification in the official Gazette stating the reasons for its order- (i) dissolve or supersede the Bhoodan Board for such period not exceeding one year at a time, provided that before any such notification is issued, theBhoodan Board shall be given a reasonable opportunity of showing cause why the proposed notification should not be issued, (ii) direct the reconstitution ofthe Bhoodan Board in accordance with the provi sions of section 6 of this Act, and (iii) declare that all the powers and duties of the Bhoodan Board shall during the period of dissolution or supersession and until the Bhoodan Board is recon stituted be exercised and performed by such person or persons or authority as the State Government mav, from time to time, appoint in thisbehalf. (2) The State Government may make such inci dental and consequential provisions as may appear to he necessary for this purpose. Sub.division- 9. (1) TheBhoodan Board may for any Sub-division C~l Bhoodtan constitute Sub.divisional Bhoodan Committee consist- ornrnlt reo . f mg 0 not more than seven members who shall be appointed by the Bhoodan Board from among the Bhoodan workers who are resident in the area concer ned. The appointment of these members shall be .subject to the approval of the Government and shall be for a period ofthree years. 9 (2) The Bhoodan Board shall appoint one of the members of the Sub-divisional Committee to be its Chairman who shall also act as its Secretary. (3) (a) The Bhoodan Board may authorise any Sub-divisional Committee constituted under sub section (1) to exercise in the area within the jurisdic tion of such Sub-divisional Committee all or any of the powers, duties orfunctions vested in the Board by this Act as may be specified by general or special order and in like manner withdraw such authority ; (b) The exercise ofany powers, duties or functions delegated under sub-clause (a) shall be subject to control and revision ofthe Bhoodan Board: Provided that the dissolution or supersession of the Sub-divisional Bhoodan Committees shall be subject to the approvalofthe State Government. (4-) The provisions of section 8 shall apply mutatis mutandis in matters of supersevsion or disso lution ofthe Sub-divisional Bhoodan Committees abo. Fundsortbe: 10. (1) TheState Bhoodan Board shall haw: its own H Bo h a0rd0. Ua II rr:un d an d may accept grants, d onatr 0 ons or gl Of ts rr:rorn the Central and the State Government or any local authority or any individual or body ofpersons whether incorporated or not, for all or any 01 the purposes of thisAct. (2) The moneys remitted in the Fundshall be received by the Chairman of the Bhoodan Board or by the Secretary ofthe Bhoodan Board ifhe is authorised by the Chairman in this behalf and all such money shall be :lep,.)oitedby the recipient in :- (i) till' Assam Co-operative Apex Bank Limited, or ~ (ii) a Post Office SavingsBank. -;'.. (3) All such deposits shall be made in the name of the Bhoodan Board. The Chairman ofthe Bhoodan Board or the Secretary appointed by the Chairman in this behalf, shall have the power to withdraw such deposits or any part thereof and operate on the Bank accounts. (1) No money shall be withdrawn from the Bank unless it is required lor immediate payment for the purposesof the Bhoodan Board. Auditofthe . ]1. The Bhoodan Board shall cause accounts to Board's be kepi ofall moneys received and expended by ' it aecounts, and such accounts shall be audited every year by auditors appointed by the State 'Board with the ' previous approval of the Government. l - - -... 10 Exempuou 12. (1) Land which is donated by a person fromtattach making a Bhoodau declaration shall not, unless it is men or sale- . and from therefused, be liable to attachment or sale in execution operation of.of anydecree or order passed by a Civil Court against the CeiJ.ing the donor ofthe Bhoodan Land. Ac-, (2) The provisions of the Assam Fixation of \ . Act Ceiling on Land Holdings Act, 1956 shall not apply 'I'S;f~95~'. in respect of lands donated by way of Bhoodan, Status ()f 13. (I) The person to whom any land is granted the person tv under sub-section (1) of section 7 shall have,- whom tbe landisgrant. ed and the (a) Where the interest of the donor was that condition OIl of a proprietor, land-holder or settlement; which the holder the statusofa land-holder, land isheld. (b) Where the interest of the donor wasthat of a tenant having permanent, heritable and transferable right, the status of an occu pancy rayat. (2) The grantee shall hold the land subject to the following conditions, namely:- (a) the grantee shall not be entitled to transfer or sublet the land or any part thereof ; (b) the grantee shall not allow tne land to lie fallow fl)rtwo consecutive years without reasonable cause; (c) a grantee under clause (a) shall pay to the State Government land revenue and other dues, if any, on the laud .on due dales thereof; (d) any other condition which may be prescri r' bed by the State Government in consulta tion with the Bhoodan Board. (3) The name of the grantee shall in the prescri bed manner be mutated immediately after theinforma tionof distribution being received from the Bhoodan Board under sub-section (3) of section 7and recorded in therecord-of-rights maintained by the Deputy Com missioner in the ]amabandi or the rent-roll, as the case may be, mentioning the fact that the land is Bhoodan land. Conseque- 14. Ifthe grantee commits a breach of any of the neesof the conditions mentioned in sub-section (2) of section 13, hreac:h. ofthe Revenue Officer may, aftergiving him an opportu conditions. nity ofbeing heard and after such enquiry as he deems necessary, terminate the grant and restore the land to the Bhoodan Bpard. f. ,. it •, / •P ' cvcev to 15. The State Governrnenr may, if it is satisfied - remit land that any land vestiuu ill the Bhoodan Board could not rev:nue. o be granted to any person in any year, remit the land revenue due thereon for that year. Power to 16. The State Government, by notification in the exemp t official Gazette may rernit- from Stamp , . dury, etc. (a) the Stamp duty with which, under any law for the time being in force, any declaration of donation under section 3 or any instru ment executed by or on behalf of the Bhoodan Board .is chargeable ; (b) any fee payable by the Bhoodan Board or any owner who donates land under sec tinn 3 under the law for the time-being in force. Partitionof 17. Jf the land donated forms a partof a hulding, holding. the Bhoodan Board or the grantee concerned may .apply to the Revenue Officer for partition and the Revenue Officer may, notwithstanding anything to the contrary in any law for the time-being in force and after such enquiry as he deems necessary, partition the holding and demarcate the land and apportion the revenue or the rent, as the case may be. Powerto 18. (1) The State Government may, by notifica- makerules. tion in the official Gazette, make rules to carry out the purposesof this Act. (2) In particular and without prejudice to the generality of the foregoing powers, such rules may , , provide 10'1:':- (a) the matters relating to the establishment and constitution of the State Bhoodan r- Board and the Sub-divisional Bhoodan Committees, nomination and appointment of Chairman or members thereto, as the case may be ; (b) incidental and consequential provisions to be followed on the dissolution or superses sian of the Bhoodan Board or Sub-divi sional Bhoodan Committee ; (c) the form ofdeclaration of Bhoodan ; (d) the manner of publication ofthe Bhoodan declaration ; (e) the manner of realisation of the arrear revenue; .Ii I , .~ l~ (J) the manner of recording the name of the grantee in the record-of-rights or the rent-rolls under sub-section (3) ofthe sec tion 13; (g) the manner and mode of service ofnotices under this Act; and (It) the matters which are to be and may be prescribed. (3) Every rule made under thissection shall be laid, as soon as may be after it is made, before the Assam Legislative Assembly while it is in session for a total period of -fourtcen days which may be comprised in one session or in two succcssive sessions, and if, before the expiry of rhe session in which it is so laid or the sessions immediately following the Assam Legislative Assembly agree in making any modification in the rule or the Assam Legislative Assembly agree that the rule should not be made, the rule shall thclcarter han:eflect only in such modified form or be of no effect, as the case may be; so however, that any such mo.lification or annulment shall l.e without prejudice (0 the validity of anything previous]v done under that rule. Power to 19. (I) The State Bhoodan Board may, with the ~ake rcgula-prevjous sanction of the State Government, mske nons, regulatior-s not inconsistent with this Act or the rules made thereunder to provide torall matters for which provision is necessary for the purpose of giving effect to the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide[or- (a) the meetings of the Bhoodan Board. the conduct ol business there-at and ' the procedure for disposal of its business ; (b) principles to be followed in distribution of lands vesting in the Board; (c) fixation of maximum limit1'01 grant cf land to any landless person; (d) scheme of distribution of Bhoodan lands ; (e) maintenance of the accountsoftheBhcodan Board; and (I) any other matter for which provision is necessary for the purpose of enabling the Bhoodan Board to discharge its dutiesann functions under this Act. s, SAl;:ViA, Secretary to the Government of Assam, L'I.w Department.