The ASSAM BHOODAN ACT, 1965 (SINGLE DOCUMENT)

ASSAM ACT XXIII OF 1966 
[Received the assent of the President on the 12th August 1966] 
THE ASSAM BHOODAN ACT, 1965 
 
An 
Act 
 
 
 
Preamble. 
 to facilitate donation and settlement of Lands in connection with the Bhoodan 
Jajna movement initiated by Acharya Vinoba Bhaue. 
Whereas it is expedient to facilitate the donation of lands received as Bhoodan 
in response to Bhoodan Jajna movement initiated by 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; 
    It is hereby enacted in the Sixteenth year of the Republic of India as follows:- 
 
 
 
 
 
Short title, 
extent and 
commence-
ment. 
 
1.  
 
(1) Th is Act may be called the Assam B hoodan Act, 1965. 
(2) It extends to the whole of the State of Assam . 
(3) It shall come into force at once. 
 
Definition. 
 
2.  
 
In this Act unless there is anything repugnant in the subject or context 
- 
 
(a) 'Bhoodan' means 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; 
 
(f)  'Landless Person' means a person - 
 
(i) whose main source of livelihood is agr iculture or agricultural  
labour ; and 
 
(ii) who docs not hold any land or holds an uneconomic holding of less 
than five bighas of land; 
 
 
2 
 
(g) 'Owner ' means - 
 
(i) in relation to land held by a tenant with permanent rights, the tenant ; 
 
(ii) in relation to land held under a grant, lease or assignment from 
Government, the holders, and 
 
(iii) in relation to any other land, the person to whom the land belongs ; 
 
(h) 'Person interested' in relation to any land means any person claiming 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 words "prescribed by Regulations" are 
used , means prescribed by rules made under this Act; 
 
(j)  'Revenue officer' means the Deputy Commissioner and includes the 
Additional Deputy Commissioner, Sub-divisional Officer 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 established 
under section 9 ; 
 
(l)  'Village' means a revenue village registered as such in the revenue 
records ; 
 
(m)  'Town land ' means any land within an area declared or deemed to be a 
Municipality or notified area under the Assam Municipal Act, 1956 
(Assam Act XV of 1957) and any other land which the State 
Government may declare, under the Assam Land and Revenue 
Regulation, 1886 or in accordance with the provision of section 3 of the 
Land Revenue Re- assessment Act (Assam Act VIII of 1936), to be town 
land. 
Donation of 
land by way of 
Bhoodan. 
3.  
 
(1) Any owner of land not being a minor may donate by way of Bhoodan  all 
or, any of his lands by declaration in the prescribed form in writing in 
that behalf before the Revenue Officer. 
 
(2) A declaration under sub-section (1) shall not be valid in respect of the 
following classes of  lands- 
 
(a) lands held by a person under a grant, lease or assignment from the 
Government without permanent rights, unless the previous 
approval of Government is received ; 
 
(b) lands which are encumbered ; 
 
(c) land in which the interest of the owner is limited to his lifetime; 
 
 
3 
 
(d) land which is held by the owner for personal service or "bhog" ;  
 
(e) lands under encroachment ; 
 
(f) 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 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 necessary, by order, either 
confirm or refuse to confirm the declaration. 
 
(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 the 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 have no effect. 
 
(7) The prescribed authority shall forthwith inform the Bhoodan Board of 
every case of confirmation. 
 
(8) 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 is 
made. Any transfer made or encumbrance created in contravention of 
this provision shall be void and in-operative. 
Donation of 
land  by way of 
Bhoodan  prior 
to the 
commencement 
of the Act. 
4.  
 
(1) Where any land has been donated by way of Bhoodan prior to the 
commencement of this Act, the Deputy Commissioner shall prepare a 
list of all such lands other than land to which the provisions of sub-
section (2)of section 3 apply, showing therein - 
(a)  the area, (b ) dag number, (c) location, (d ) name and address of 
the donor, (e) date of donation, (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 by any organisation 
authorised in this behalf in 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 prescribed. 
 
4 
 
(2) The list so prepared shall be published in the manner prescribed. 
 
 
(3) Upon the publication of the list under sub-section (2) and not 
withstanding anything to the contrary in any law for the time being in 
force, 
 
(a) the right, title and interest of the donor in such land shall with 
effect from the date of donation be deemed to have been 
extinguished 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 section 3; 
 
(b) where such land has in pursuance of the Bhoodan Jajna has been 
granted to any person it shall with 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. 
 
Effects of 
declaration of 
lands as 
Bhoodan lands. 
 
5.  
 
Notwithstanding anything to the contrary contained in any other law for the 
time being in force, with effect from the date of confirmation of the 
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 cease and shall stand transferred to and vest in the 
Bhoodan Board . 
 
 
Establishment, 
incorporation 
and 
constitution of 
the State 
Bhoodan 
Board. 
 
6. (1) As soon as may be after the commencement of this Act, there shall be 
established by the State Government, by notification in the official 
Gazette, a Board to be called the "Bhoodan Board " for purposes of 
carrying out the provisions of this Act. 
 
(2) The Bhoodan Board shall be a body corporate with perpetual succession 
and a common seal and shall have power to accept, regularise and 
distribute lands received as Bhoodan . 
 
(3) The Bhoodan Board shall consist of the following members, namely ;- 
 
 
(a) 1[ The chairman shall be nominated by the State Government. 
However, if the State Government feels it to be necessary, Sarva 
Seva Sangha, Sevagram, Wardha, may be consulted .] 
 
 
 
 
 
 
 
 
 
 
1. Subs. by Assam Act No. XIII of 2000 
5 
 
 
 (b) 1[ The State Government shall have the following three 
representatives :-, 
(i) Commissioner and Secretary or Secretary to the 
Government of Assam, Revenue Department. 
 
(ii) Director of Land Records, Assam. 
 
(iii)  Director of Land Requisition, Acquisition and Reforms, 
Assam.] 
 
(c) one representative from the Assam Sarboday Mandal , 
 
(d) one representative from the Akhil Bharat Sarba Seva Sangha to be 
nominated by that body, 
 
(e) one representative from the Assam Gram Swarajya Samittee, 
 
(f) one representative from the Assam Gandhi Smarak Nidhi, 
 
(g) one representative from the Assam Khadi and Village Industries 
Board, and 
 
(h) one representative from the Kasturba Gandhi Rastriya Smarak 
Trust, Assam. 
 
(4) The Chairman and Members of the Bhoodan Board shall hold office for 
a term of three years from the date of publication of their name in the 
official Gazette and shall be eligible for re-nomination. 
 
(5) The Bhoodan 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 of its 
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 Board. 
 
 
 
 
 
1. Subs. by Assam Act No. XIII of 2000. 
6 
 
 
(9) Any vacancy of a Chairman or a Member caused by death, resignation, 
removal or otherwise shall be filled up for the remaining period of the 
term in the manner laid down in sub-section (3) of section 6. 
 
Duties and 
functions of the 
Board. 
 
7.  
 
(1)  It shall be the duty of the Bhoodan Board to distribute lands vested in it 
to the poor landless cultivators for the benefit and furtherance of the 
Bhoodan Jajna, 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 Bhoodan Committee. 
 
(2)  The Bhoodan Board shall for the purpose and furtherance of the 
Bhoodan Jajna perform such 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 or 
Dissolution of 
the board. 
 
8. (1) If at any time, in the opinion of the State Government, the Bhoodan 
Board- 
 
(a) is not competent to perform or persistently defaults in discharging 
the duties or per-forming the functions assigned to it by this Act 
without reasonable cause or excuse ; or 
 
(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 this 
Act 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 otherwise 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, the Bhoodan Board shall be given a 
reasonable opportunity of showing cause why the proposed 
notification should not be issued, 
 
(ii) direct the reconstitution of the Bhoodan Board in accordance with 
the provisions of section 6 of this Act, and 
 
7 
 
 
(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 reconstituted be exercised and performed by 
such person or persons or authority as the State Government may, 
from time to time, appoint in this behalf. 
 
(2) The State Government may make such incidental and consequential 
provisions as may appear to be necessary for this purpose. 
 
Sub-divisional 
Bhoodan 
Committee. 
 
9. (1) The Bhoodan Board may for any Sub -division constitute Sub -divisional 
Bhoodan Committee consisting of not more than seven members who 
shall be appointed by the Bhoodan Board from among the Bhoodan 
workers who are resident in the area concerned . The appointment of 
these members shall be subject to the approval of the Government and 
shall be for a period of three years. 
 
(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 
jurisdiction of such Sub-divisional Committee all or any of the 
powers, duties or functions 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 of any powers, duties or functions delegated under 
sub-clause (a) shall be subject to control and revision of the 
Bhoodan Board: 
        Provided that the dissolution or supersession of the Sub-
divisional Bhoodan Committees shall be subject to the approval 
of the State Government. 
(4)  The provisions of section 8 shall apply mutatis mutandis  in matters of 
supersession or dissolution of the Sub-divisional Bhoodan Committees 
also. 
 
Funds of the 
Bhoodan 
Board. 
 
10.  
 
(1) The State Bhoodan  Board shall have its own fund and may accept 
grants, donations or gifts from the Central and the State Government or 
any local authority or any individual or body of persons whether 
incorporated or not, for all or any of the purposes of this Act. 
 
(2) The moneys remitted in the Fund shall be received by the Chairman of 
the Bhoodan Board or by the Secretary of the Bhoodan Board if he is 
authorised by the Chairman in this behalf and all such money shall be 
deposited by the recipient in : - 
 
(i) the Assam Co-operative Apex Bank Limited, or 
 
 
8 
 
(ii ) a post office Savings Bank. 
 
(3) All such deposits shall be made in the name of the Bhoodan Board. The 
Chairman of the 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. 
 
(4) No money shall be withdrawn from the Bank unless it is required for 
immediate payment for the purposes of the Bhoodan Board. 
Audit of the 
Board's 
accounts. 
11.  
 
The Bhoodan  Board shall cause accounts to be kept of all moneys received 
and expended by it and such accounts shall be audited every year by auditors 
appointed by the State Board with the ' previous approval of the Government. 
 
 
Exemption 
from 
attachment or 
sale and from 
the operation 
of the Ceiling 
Act. 
 
12.  
 
(1) Land which is donated by a person making a Bhoodan  declaration 
shall not, unless it is refused, be liable to attachment or sale in 
execution of any decree or order passed by a Civil Court against the 
donor of the Bhoodan Land . 
 
(2) The provisions of the Assam Fixation of Ceiling on Land Holdings 
Act, 1956 shall not apply in respect of lands donated by way of 
Bhoodan. 
 
 
 
 
Assam 
Act I of 
1957  
Status of the 
person to 
whom the land 
is granted and 
the condition 
on which the 
land is held. 
 
13.  
 
(1) The person to whom any land is granted under sub -section (1) of section 
7 shall have,- 
(a)  Where the interest of the donor was that of a proprietor, land-holder 
or settlement holder the status of a land-holder, 
(b) Where the interest of the donor was that of a tenant having 
permanent, heritable and transferable right, the status of an 
occupancy 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 the land to lie fallow for two 
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 land on due dates thereof; 
 
(d) any other condition which may be prescribed by the State 
Government in consultation with the Bhoodan Board. 
 
(3) The name of the grantee shall in the prescribed manner be mutated 
immediately after the information of distribution being received from 
 
9 
 
the Bhoodan  Board under sub -section (3) of section 7 and recorded in 
the record-of-rights maintained by the Deputy Commissioner in the 
Jamabandi or the rent-roll, as the case may be, mentioning the fact that 
the land is Bhoodan land. 
 
Consequences 
of the breach of 
conditions. 
14.  
 
If the grantee commits a breach of any of the conditions mentioned in sub -
section (2) of section 13, the Revenue Officer may, after giving him an 
opportunity of being heard and after such enquiry as he deems necessary, 
terminate the grant and restore the land to the Bhoodan Board. 
 
 
Power to remit 
land revenue. 
15.  
 
The State Government may, if it is satisfied that any land vesting in the 
Bhoodan Board could not be granted to any person in any year, remit the 
land revenue due thereon for that year. 
 
 
Power to 
exempt from 
Stamp duty, 
etc. 
 
16.  
 
The State Government, by notification in the official Gazette, may remit - 
 
(a) the Stamp duty with which, under any law for the time being in force, 
any declaration of donation under section 3 or any instrument 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 section 3 under the law for the time-being in force. 
 
Partition of 
holding. 
 
17. If the land donated forms a part of a 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. 
 
Power to make 
rules. 
18.  
 
(1) The State Government may, by notification in the official Gazette, make 
rules to carry out the purposes of this Act. 
 
(2) In particular and without prejudice to the generality of the foregoing 
powers, such rules may provide for- 
 
(a) the matters relating to the establishment and constitution of the 
State Bhoodan 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 supersession of the Bhoodan Board or Sub-divisional 
Bhoodan Committee ; 
 
(c) the form of declaration of Bhoodan ; 
 
(d) the manner of publication of the Bhoodan declaration ; 
 
 
10  
 
(e) the manner of realisation of the arrear revenue ;  
 
(f) the manner of recording the name of the grantee in the record-of-
rights or the rent-rolls under sub-section (3) of the section 13 ; 
 
(g) the manner and mode of service of notices under this Act; and 
 
(h) the matters which are to be and may be prescribed. 
 
(3) Every rule made under this section 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 fourteen days which may be comprised in one 
session or in two successive sessions, and if, before the expiry of the 
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 thereafter have  effect only in such modified form or 
be of no effect, as the case may be; so however , that any such 
modification or annulment shall be without prejudice to the validity of 
anything previously done under that rule. 
 
Power to make 
regulations. 
19. (1) The State Bhoodan  Board may, with the previous sanction of the State 
Government, make regulations not inconsistent with this Act or the rules 
made thereunder to provide for all 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 for- 
 
(a) the meetings of the Bhoodan Board, the conduct of 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 limit for grant of land to any landless person; 
 
(d) scheme of distribution of Bhoodan lands ; 
 
(e) maintenance of the accounts of the Bhoodan Board; and 
 
(f) any other matter for which provision is necessary for the purpose of 
enabling the Bhoodan Board to discharge its duties and functions 
under this Act . 
 
  
 
 
  B. SARMA 
Secretary to the Government of Assam, 
Law Department. 

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