LexThe BIHAR BHOODAN YAGNA ACT, 1954
Bihar · state statute
Open in Lexace · Ask the AI about this actTHE BIHAR BHOODAN YAGNA ACT, 1954
[ Act No. 22 of 1954]
[ 21st July, 1954]
PREAMBLE
An Act to facilitate the donation of lands in connection with the Bhoodan
Yagna initiated by Shri Acharya Vinoba Bhave and to provide for the
settlement of such lands with landless persons
2
[or with a village community, Gram Panchayat, or with a Co -operative
Society organised by the Bhoodan Yagna Committee].
Whereas it is expedient to facilitate the donation of lands in connection
with the Bhoodan Yagna initiated by Shri Acharya Vinoda Bhave and to
provide for the settlement of such lands with landless persons; (Inserted
by Act 15 of 1959) [or with a village community,
Gram Panchayat or with a Co -operative Society organised by the
Bhoodan Yagna Committee];
AND
Whereas it is the desire of Shri Acharya Vinoba Bhave that the
lands donated to him in connection with the Bhoodan Yagna prior to the
commencement of this Act shall be transferred to, and vest in, the
Bhoodan Yagna Committee:
It is hereby enacted as follows:
Section 1 - Short title, extent and commencement
(1) This Act may be called the Jharkhand Bhoodan Yagna Act, 1954.
(2) It extends to the whole of the State of Bihar.
(3) It shall come into force at once.
Section 2 - Definitions
In this Act, unless there is anything repugnant in the subject or context. -
-
(a) "Bhoodan Yagna" means the movement initiated by Shri Acharya
Vinoba Bhave for acquisition of land through voluntary gifts with a view
to distribute it to landless persons; (Inserted b y Act 15 of 1959.) [or to a
village Community, Gram Panchayat, or a Co -operative Society
organized by the Committee];
(Inserted by Act 14 of 1965.)
[a1) "Collector" includes an Additional Collector;"
(Inserted by Act 8 of 1981.)
[(a2) "Bank" means"-
(i) a banking company as defined in the Banking Regulation Act, 1949
(10 of 1949);
(ii) the State Bank of India constituted under the State Bank of India Act,
1955 (23 of 1955);
(iii) a corresponding new bank constituted under the Banking
Companies (Acquisiton and Transfer of Undertakings) Act, 1970 (5 of
1970);
(iv) a Regional Rural Bank established under the Regional Rural Banks
Act, 1976 (21 of 1976);
(v) the Agricultural Refinance and Development Corporation constituted
under the Agricultural Refinance and Development Corporation Act,
1963 (10 of 1963); and
3
[(vi) the Agricultural Finance Corporation Ltd., a Company incorporated
under the Companies Act, 1956 (1 of 1956)];
(b) "Committee" means a Committee established under section 3;
(c) "land" means land which is occupied or let for agricultural or
horticultural purposes or for purpose (or for purposes) subservient to
agriculture or horticulture and includes waste -lands (Inserted by Act 15
of 1959. This shall be deemed always to have been inserted.) [and things
attached to the earth, such as trees, bamboo clumps, structures];
(d) "landless person" means a person"-
(i) whose main source of livelihood is agriculture or agricultural labour
or who undertakes in writing to employ himself on lands granted to h im
under this Act; and
(Substitute by Act 15 of 1959)
[(ii) who does not hold any land or holds such areas of land not
exceeding five acres as may be prescribed by the Committee];
6
[and includes a person who has donated in writing his entire lands other
than those enumerated in the proviso to sub -section (1) of Section 10 to
Shri Acharya Vinoba Bhave or the Committee.
Explanation.--The Committee may prescribe in this behalf different
areas for different parts of the State within the limit prescribed in sub-
clause (ii)]:
(e) "owner"; means any person who holds any land as a proprietor or
tenant and has a lawful title thereto and a transferable and heritable
interest therein:
Provided that in the Santhal Parganas and the Chotanagpur Division,
"owner" shall include a person holding any land as a raiyat, though he
may not have a transferable interest therein] (The word "and" omitted by
ibid.);
(Inserted by ibid) [(e1) "prescribed" means prescribed by rules or
regulations made under this Act;
(e2) "person" inc ludes a village community, Gram Panchayat or a
Cooperative Society organised by the Committee; and]
(f) "Revenue Officer" means the Collector, Additional Collector, Sub -
divisional Officer, Additional Sub -divisional Officer (Substitute by ibid
for the words "Deputy Collector".) [or any officer not below the rank of
Sub-Deputy Collector] appointed by the State Government to discharge
all or any of the functions of the Revenue Officer under this Act.
Section 3 - Establishment of the Bihar Bhoodan Yagna
Committee
(1) There shall be established by the State Government a Committee to
be called the Bihar Bhoodan Yagna Committee to administer all lands
vested in it for the purposes of the Bhoodan Yagna in accordance with
the provisions of this Act.
(2) The Committe e shall be a body corporate and shall have perpetual
succession and a common seal with power to acquire, hold and dispose
of property; both movable and immovable, and shall by the said name,
sue and be sued.
(3) The Committee may enter into and perform all such contracts and
exercise such other powers and discharge such other functions as it may
consider necessary or expedient for carrying out any of the purposes of
this Act.
Section 4 - Constitution of the Committee and term of office
(1) The Committee sh all consist of a Chairman and such number of
members, which shall not be less than four and more than nine, as the
State Government may determine.
(2) The Chairman and members of the Committee shall be appointed by
the State Government:
(Omitted by Act 8 of 1981.) [X X X X X]
(3) The names of the Chairman and members shall be published in the
Official Gazette
(4) The term of office of the Chairman and members of the Committee
shall be four years from the date of the publication of their names in the
Official Gazette and shall include any further period which may elapse
between the expiration of the said period of four years and the date of
the publication in the Official Gazette of the names of the Chairman and
members of the next succeeding Committee.
(5) The Chairman and members of the Committee shall be eligible for
reappointment.
Section 5 - Resignation by, and removal of, Chairman or a
member
(1) The Chairman or a member of the Committee may, at any time,
resign his office by submitting his resig nation to the State Government
but no such resignation shall take effect until it is accepted and notified
in the Official Gazette:
(Omitted. by Act 8 of 1981.) [X X X X X]
(2) The State Government may 1[X X X] by notification in the Official
Gazette, remove from office the Chairman or any member of the
Committee if the Chairman or such member"
(i) has applied for being adjudged an insolvent or is an undischarged
insolvent; or
(ii) has been convicted of an offence involving moral turpitude; or
(iii) re fuses to act or becomes incapable of acting or acts in a manner
which the State Government, after hearing any explanation that he may
offer, considers to be prejudicial to the objects of this Act.
Section 6 - Filling of casual vacancies
If the Chairman or any member of the Committee is unable, by reason of
his death, resignation, removal or otherwise, to complete his full term of
office, the vacancy so caused shall be filled by the appointment of
another person in the manner laid down in Section 4 and such person
shall fill such vacancy for the remaining portion of the term for which the
Chairman or the member, as the case may be, in whose place such
person is appointed would otherwise have continued in office.
Section 7 - Validity of proceedings
No act or proceeding of the Committee shall be deemed to be invalid
only by reason of the existence of a vacancy in the Committee or any
defect or irregularity in the appointment of the Chairman or any member
of the Committee.
Section 8 - Conduct of business of the Committee
(1) The Committee shall have an office at Patna and shall meet at such
time and place and every meeting of the Committee shall be summoned
in such manner, as it thinks fit, subject to the following provisions,
namely:"
(a) the Chairman may, whenever he thinks fit, call special meetings;
(b) every meeting shall be presided over by the Chairman and in his
absence, by any member chosen by the members present to preside at
the meeting;
(c) all questions at any meeting shall be decided by a majority of the
members present and voting and in case of an equality of votes, the
person presiding shall have and exercise a second or casting vote; and
(d) the minutes of the proceedings of such meeting shall be recorded in a
book to be provided for the purpose;
Provided that it shall be lawful for the Chairman to summon the first
meeting of the Committee at such time and, place as he may deem
expedient by a letter addressed to each member on a clear notice of
fifteen days.
(2) No business shall be transacted at any meeting of the Committee
unless at least three members including the Chairman of the meeting are
present:
Provided that no quorum shall be necessary for an adjourned meeting.
Section 9 - Dissolution of the Committee
(Substituted by Act 8 of 1981.) [(1) If at any time the State Government is
satisfied that"
(a) the Committee has, without reasonable cause or excuse, made default
in the performance of its duties or the discharge of its functions, imposed
by or under this Act, or exceeded or abused its powers; or
(b) circumstances have so arisen that the Committee is rendered unable
or may be rendered unable to discharge its functions under this Act; or
(c) it is otherwise expedient or necessary to dissolve the Committee;
the State Government may, by notification in the Official Gazette,
dissolve the Committee for such period as may be specified in the
notification and declare that the duties, powers and functions of the
Committee under this Act shall, during the period of dissolution be
performed, exercised and discharged by such person or authority subject
to such restrictions as may be specified by the State Government in this
behalf by notification in the official Gazette].
(a) The State Government shall, before the expiration of the period of
dissolution, reconstitute the Committee in accordance with the
provisions of Section 4.
(3) The State Government may make such incidental and consequential
provisions as may appear to be necessary for giving effect to the
purposes of this section.
(4) Any n otification or order made by the State Government under this
section shall not be questioned in any Court of Law.
Section 10 - Donation of land
(1) Any person being the owner of any land may donate such land to the
Bhoodan Yagna Committee or to Shri Achar ya Vinoba Bhave by a
declaration in writing in that behalf (hereinafter called the Bhoodan
Yagna Danpatra):
Provided that no person shall, for the purposes of this Act, be entitled to
donate any land of the following classes, namely:"
(a) any cremation or burial ground, tank or pathway;
(b) lands recorded in the record of rights as gairmazrua am;
(c) lands held under service tenures;
(d) any forest land notified under any of the provisions of the Indian
Forest Act, 1927 (XVI of 1927), or the Bihar Private F orest Act, 1947
(Bihar Act IX of 1948);
(e) lands containing mines and minerals, whether discovered or
undiscovered or whether being worked or not; and
(f) any other land which the State Government may by notification in the
Official Gazette, specify.
(2) The Bhoodan Yagna Danpatra shall be filed before the Revenue
Officer appointed under this Act as soon as it is made.
Section 11 - Publication of, and investigation upon the, Yagna
Danpatra
(Existing sub-sections (1) to (4) Substitute and (5) to (7) renumbered as
(6) to (8) by Act 14 of 1965.) [(1) On receipt of the Bhoodan Yagna
Danpatra, the Revenue Officer shall cause the same to be published in
the prescribed manner inviting written objections thereto within a
period of thirty days from the date of publication.
(2) If no written objection is filed within the period mentioned in sub -
section (1), the Revenue Officer shall make a summary inquiry in the
prescribed manner as to the right, title and interest of the donor in such
land and his competency to make a gift.
(3) If any written objection is filed within the period mentioned in sub -
section (1), the Revenue Officer shall register such objection and fix a
date for hearing of which a public notice shall be given in the prescribed
manner and a copy of such notice shall be served on the donor and the
objector by registered post with acknowledgment due and on the date so
fixed the Revenue Officer shall hear the donor and the objector.
(4) After holding the summary enquiry under sub -section (1) or after
hearing the donor and the objector under sub -section (3), as the case
may be, the Revenue Officer may supersede the Bhoodan Yagna
Danpatra in whole or in part on any of the following grounds, namely:--
(i) that the donor is incompetent to make a gift;
(ii) that the title of the donor is defective;
(iii) that the donor is not a person entitled to donate the land under the
provisions of Section 10 or Section 12.
(5) If the Bhoodan Yagna Danpatra is not superseded in whole or in part
under sub-section (4) the Revenue Officer shall confirm it in whole and if
it is superseded in part, he shall confirm it in respect of the part which is
not superseded].
(Renumbered by ibid)
[(6) The donation of the land in respect of which the Bhoodan Yagna
Danpatra is superseded shall be cancelled and the right, title and interest
of any person in such land before the date of the Yagna Danpatra shall
not be affected in any manner.
(Renumbered by ibid)
[(7) The Revenue Officer shall, in the hearing and disposal of objections
under this section, have the powers of a civil court while trying a suit
under the Code of Civil Procedure, 1908 (V of 1908), in respect of the
following matters, namely:-
(a) summo ning and enforcing attendance of witnesses and examining
them on oath;
(b) requiring the discovery and production of any document;
(c) reception of evidence on affidavits;
(d) requisitioning any public record from any Court or Office;
(e) issuing commission for examination of witnesses:
and such proceeding before the Revenue Officer shall be deemed to be a
judicial proceeding within the meaning of Sections 193 and 228 and for
the purposes of Section 195 of the Indian Penal Code, 1860 (XLV of
1860).
(Inserted by Act 15 of 1959 as sub -section (7) and renumbered as (8) by
Act 14 of 1965.)
[(8) The Collector may at any time transfer a petition filed under sub -
section (2) any other Revenue Officer, within his jurisdiction, for
disposal.
Section 12 - Donation of land by a proprietor or tenure -holder
after vesting of his estate or tenure in the State under Bihar
Act XXX of 1950
(Substitute by Act 14 of 1965.) [(1) When a proprietor or tenure -holder
whose estate or tenure has vested in the State under the Bihar* Land
Reforms Act, 1950 (Bihar Act XXX of 1950), has made before the
commencement of this Act a declaration in writing purporting to donate
to Shri Acharya Vinoba Bhave any land comprised in such estate or
tenure, such declaration shall be treated as Bhood an Yagna Danpatra
and the provisions of this Act shall apply mutatis mutandis in respect of
land donated under such Bhoodan Yagna Danpatra as they apply in
respect of donation of land made after the commencement of this Act:
Provided that in dealing wi th such Bhoodan Yagna Danpatra under
section 11, the Revenue Officer shall deal with it as if the land covered by
such Bhoodan Yagna Danpatra had not vested in the State under the
Bihar Land Reforms Act, 1950 (Bihar Act XXX of 1950).
(2) After and such Bh oodan Yagna Danpatra is confirmed in respect of
any land comprised in any such estate or tenure then notwithstanding
any thing contained in the Bihar Land Reforms Act, 1950 (Bihar Act
XXX of 1950), such land shall be excluded from such estate or tenure for
purposes of assessment and payment of compensation under that Act
and the provisions of Section 13 shall apply to such land.
Section 13 - Vesting of lands in the Bhoodan Yagna Committee
(1) The right, title and interest of the donor in any land donated t o Shri
Acharya Vinoba Bhave or to the Bhoodan Yagna Committee shall, on
confirmation of the Bhoodan Yagna Danpatra in respect of that land,
stand transferred to, and vest in, the Committee for the purposes of the
Bhoodan Yagna [with effect from the date of the donation].
(2) The land vesting in the Committee shall not be liable to attachment
or sale in execution of any decree or order passed by the Civil Court
against the Bhoodan Yagna Committee.
(Omitted by ibid. This shall be deemed always to have been o mitted.) [ X
X X X X]
Section 14 - Grant of land to landless persons
(1) The Committee or such other authority or person, as the Committee
may specify, either generally or in respect of any local area; in the
prescribed manner may (Inserted by Act 14 of 1 965.) [subject to sub -
section (2) grant lands which have vested in the Committee to landless
persons (Inserted by Act 15 of 1959.) [or to a village community, Gram
Panchayat, or a Co -operative Society organised by the Committee] and
the grantee of the land shall acquire the same right, title and interest as
the donor had in such land:
Provided that"
(i) in case the donor's interest in such land was that of proprietor or
tenure-holder as defined in the Bihar Land Reforms Act, 1950 (Bihar Act
XXX of 1950), th e grantee's right, title and interest shall be that of an
occupancy raiyat liable to pay rent to the State Government;
(ii) in case the estate or tenure, as the case may be, in which such land is
situated has vested in the State under the said Act, the rig ht, title and
interest of the grantee shall also be subject to the provisions of that Act;
and
(iii) in case such land has vested in the Committee under section 12, the
right, title and interest of the grantee shall be that of an occupancy raiyat
liable to pay rent to the State Government:
Provided further that"
(i) (Substitute by ibid, for the words "the grantee or his heir". This shall
be deemed always to have been substituted.) [grantee, his heirs assigns
or successor-in-interest shall not be competent t o sublet or transfer the
land or any portion thereof by sale, gift or otherwise, but shall be
competent to transfer the same by exchange with the previous
permission of the Committee in writing; and
(ii) the rights of the grantee over such land shall be su bject to such other
restrictions and conditions as may be prescribed 1[by the Committee].
(Inserted by Act 8 of 1981.)
[Provided also that the grantee, his heirs, assignee, or successors -in-
interest may enter into a simple mortgage for raising loan for
agricultural purposes in respect of the land with a bank or society
registered or deemed to be registered under the Bihar and Orissa Co-
operative Societies Act, 1935 (Bihar and Orissa Act VI of 1935) or with
the State Bank of India or a bank specified in column 2 of the First
Schedule to the Banking Companies (Acquisition and Transfer of
Undertakings) Act, 1970 (Act V of 1970 ) or with a company or a
corporation owned by or in which not less than fifty -one percent of the
share capital is held by the State Government or the Central Government
or partly by the State Government and partly by the Central Government
and which has been set up for raising loan for agricultural purposes].
(2) All grants shall be made as far as may be in accordance with the
scheme of Bhoodan Yagna as may be prescribed.
1
[Provided that in making grants of waste lands in the district of Santhal
Parganas which have vested in the Committee, the principle prescribed
for settlement of waste lands under section 28 of the Santhal Parganas
Tenancy (Supplementary Provision) Act, 1949 (Bihar Act XIV of 1949),
shall be followed].
(3) For the purpose of grant of land s under this section, the Committee
may, by regulations, fix after taking into consideration the quality of
lands, the maximum and minimum areas to be granted to a landless
person 2[or to a village community, Gram Panchayat or a Co -operative
Society organised by the Committee] and different areas may be fixed for
different districts, subdivisions or thanes.
Explanation.--for the purposes of this section "occupancy raiyat", means
a raiyat having a right of occupancy in the land held by him 2[within the
meaning of the tenancy law of the area in which it is situated].
Section 14A - Protection to the grantee of Bhoodan land from
ejectment
(Inserted by Act 14 of 1965) [(1) If a grantee has been ejected by any
person from the land granted to him under section 14 of the Act or any
part thereof otherwise than in accordance with law, then the grantee may
apply to the Revenue Officer for restoration of his possession over the
land or part thereof from which he has been so ejected.
(2) The Revenue Officer may on receip t of an application under sub -
section (1) or on his own motion, after making such enquiry as he deems
fit, order that the grantee shall be put in possession of the land or part
thereof from which he has been so ejected.
(3) If a grantee is threatened with unlawful ejectment from the land
granted to him under section 14 of the Act or any part thereof by any
person, the Revenue Officer may, on his own motion or on application
made in this behalf by the grantee initiate a proceeding for preventing
such person from ejecting the grantee, and may, after hearing the parties
for which due notice shall have been given to them, or even after ex parte
hearing, in cases of emergency, by an order, giving reason thereof in
writing restrain such person from ejecting the grantee:
Provided that where an ex parte order has been made, the Revenue
Officer shall soon thereafter as may be possible hear the parties after
giving due notice to them, and may, for reasons to be recorded in
writing, confirm the order but, if after such hearing he finds that there
are no reasonable grounds for such order he will set aside the same and
reject the prayer.
(4) If the person against whom an order has been made under sub -
section (2) fails to carry out the order of the Revenue Officer within su ch
time, if any, as may be specified in the order, the Revenue Officer may
eject him from such land and may for that purpose use such force as may
be necessary, and put the grantee in possession of such land].
Section 15 - Donation and grant of land prior to the
commencement of Act
(Substitute by ibid) (1) Where any land has been donated in writing for
purposes of the Bhoodan Yagna prior to the commencement of this Act,
the Bhoodan Yagna Danpatra concerning such land shall be forwarded
by the Bhoodan Yagna Committee to the Revenue Officer of the local
area within which the land is situate and the provisions of this Act shall
apply mutatis mutandis in respect of land donated under such Bhoodan
Yagna Danpatra as they apply in respect of donation of land made after
the commencement of this Act];
(Omitted by ibid) [(2) * * * * *]
(3) If such land had before the commencement of this Act been granted
to any person in pursuance of the Bhoodan Yagna, it shall, with effect
from the date of grant, be deemed to have be en granted to such person
under section 14 subject to the restrictions and conditions imposed there
under.
Section 15A - Donation of waste land of village in the district of
Santal parganas by the village headman or mulraiyat or
ghatwal to be deemed to have been made by the owner thereof
(Inserted by Act 14 of 1965) [If before the commencement of this Act any
waste land of a village in the district of Santal Parganas has been donated
by the village headman or mulraiyat or ghatwal for purposes of the
Bhoodan Yagna or after the commencement of this Act and before the
commencement of the Bihar Bhoodan Yagna (Amendment) Act, 1964,
any such land has been donated by them to Shri Acharya Vinoba Bhave
or to the Bhoodan Yagna Committee, then notwithstanding anything
contained in the record of rights or any law for the time being in force,
such donation shall be deemed to have been made by the owner thereof.]
Section 16 - Settlement of donated land prior to distribution
(1) When any land has vested in the Committee un der sub-section (1) of
Section 13 or is deemed to have vested under sub -section (2) of Section
15, the Committee may, for the period interevening between the date of
its vesting and the date of its grant (Substitute by Act 15 of 1959 for the
words "to a landless person".) [under section 14] settle it with any person
who has the means to cultivate the land and is willing to do so, for
purposes of cultivation for such period and on such terms and conditions
as may be prescribed. Such settlement shall be made by a registered
instrument:
(Inserted by ibid. This shall be deemed always to have been added.)
[Provided that, if the Committee has not settled such land with any
person under this sub -section, and the donor has continued in
possession and enjoyed the usu fruct of the land, the donor shall be
deemed to be the settlee thereof during the period intervening the date
of its vesting and the date of its grant under section 14 and such donor
shall be liable for that period to pay to the State Government the rent
that he would have been liable to pay for that land to his landlord before
the date of such vesting].
(2) No right of occupancy in such land shall accrue to the settlee and he
shall be liable to be ejected on the expiry of the (Substitute by ibid for the
words "prescribed period".) [period of settlement]:
2
[Provided that, where the donor is deemed to be the settlee of the land
under this section, he shall be liable to be ejected on the date of its grant
under Section 14].
Section 17 - Appeals
(Substitute by Act 14 of 1965.) [(1) An appeal shall lie within sixty days of
the date of the order of the Revenue Officer"
(a) if passed under sections 18, 21 or 22, to the prescribed authority; and
(b) if passed under section 11 or 15"
(i) to the Commissioner of the Division if such order was passed by the
Collector; and
(ii) to the Collector, if such order was passed by any other officer:
Provided that any such appeal may be admitted after sixty days of the
date of the order appealed against if the appellate authorit y is satisfied
that the appellant was prevented by sufficient cause, from preferring the
appeal within such period.
(2) Subject to the result of the appeal, the order of the Revenue Officer
shall be final.
(3) Notwithstanding anything to the contrary conta ined in any other law
for the time being in force, a memorandum of appeal filed by the
Committee shall be exempted from payment of any court-fees.
(4) Notwithstanding anything contained in sub -section (2) any party
aggrieved by the order or any other perso n interested in the land may,
within six months from the date of such order, institute a suit in the Civil
Court having jurisdiction for setting aside the order.]
Section 17A - Power of the Board of Revenue and the
Commissioner to call for records
(Inserted by Act 14 of 1965.) [The Board of Revenue or the
Commissioner may, at any time for the purposes of satisfying itself or
himself as to the correctness, legality or propriety of any order made by
any authority or officer under this Act or the rule made thereunder, call
for and examine the record of any case pending before or disposed of by
such authority or officer and may pass such order as it or he thinks fit:
Provided that no order modifying, altering, or setting aside any order
made by suc h authority or officer shall be passed by the Board of
Revenue or the Commissioner unless the parties concerned have been
given a reasonable opportunity of being heard.
Section 17B - General direction and control of the Collector,
Commissioner and the Board
In the performance of the duties and the exercise of the powers under
this Act, the Revenue Officer shall be subject to the general direction and
control of the Collector of the district, the Commissioner and the Board
of Revenue].
Section 18 - Division of holding and distribution and
assessment of rent
(1) If any land, which has vested in the Committee under the provisions
of this Act, is a portion of a holding, the Revenue Officer shall on the
application of the Committee or any person to whom such la nd has been
granted, (Inserted by Act 14 of 1965.) [or on his own motion] divide the
holding and distribute the rent payable in respect thereof in such
manner as he deems fair and equitable (Omitted by ibid.) [ * * * * *]:
Provided that before making any o rder under this sub -section, the
Revenue Officer shall hear the parties and make such enquiry as may be
necessary.
(2) If such land is a proprietor's private land as defined in Section 120 of
the Bihar Tenancy Act, 1885 (VIII of 1885), or a landlord's priv ileged
land as defined in Section 18 of the Chotanagpur Tenancy Act, 1908
(Ben. Act IV of 1908), or bakasht land or gairmazrua malik land or any
other class of land for which rent has not been assessed, the Revenue
Officer shall assess the rent thereof in the prescribed manner.
Explanation.--For the purposes of this section"
(a) "bakasht land" means any land, other than the proprietor's private
land or landlord's privileged land, which is for the time being in the
cultivating possession of a proprietor or tenure-holder;
(b) "holding" means a parcel or parcels of land held by a raiyat and
forming the subject of a separate tenancy.
Section 19 - Bhoodan tenant
Any person 1[for village community, Gram Panchayat, or a Co -operative
Society organised by the Committee] to whom land has been granted
under section 14 or is deemed to have been granted under sub -section
(3) of Section 15 shall (Inserted by Act 15 of 1959.) [at the instance of the
Committee] be recorded as a Bhoodan tenant in the rent -roll of the
landlord and such rent -roll shall include the following particulars,
namely:"
(i) the area and description of the land;
(ii) the name of the Bhoodan tenant;
(iii) the amount of rent of the land fixed by the Revenue Officer by
distribution of rent or otherwise;
(iv) the mode in which the rent has been fixed;
(v) the mode in which the Bhoodan tenant belongs;
(vi) the name of the landlord; and
(vii) any other particulars that may be prescribed.
Explanation.--For the purposes of this section "landlord" means a person
immediately under whom a (Substitute by Act 15 of 1959 for "Tenant".)
[Bhoodan tenant] holds and includes the State Government.
Section 20 - Exemption from stamp duty and registration
Notwithstanding anything to the contrary contained in any other law for
the time being in force, the Bhoodan Yagna Danpatra or grant of land
made or deemed to have been made under any provision of this Act shall
be exempted from payment of stamp duty and from registration or
attestation (The word "fee" omitted by ibid. This shall be deemed always
to have been omitted.) [*] and shall be deemed always to have been so
exempt.
Section 21 - Determination of grant and ejectment of grantee
from the land
If any person to whom land has been granted under section 15 or is
deemed to have been granted under sub -section (3) of Section 15
contravenes any restriction or condition imposed under this Act, the
Committee may make an application to the Revenue Officer for
determining the grant and the Revenue Officer may, after such inquiry as
he deems fit, determine the grant and restore possession or the land to
the Committee after ejecting such person or any person in possession
there from.
Section 22 - Ejectment of persons in unlawful possession of
lands
(Substitute by Act 16 of 1976.) [Any person who takes possession,
otherwise than in accordance with law, of any land in respect of which
Bhoodan Yagna Danpatra has been previously confirmed under Section
11, may be ejected from such land by the Revenue Officer, suo moto on
his own information or an application by the Committee:
Provided that nothing in this section shall apply to a person who has
instituted a civil suit to set aside the order of the Revenue Officer under
Section 11 or Section 15 and has secured orders in the suit staying
ejectment.]
Section 22A - Procedure for ejectment
(Inserted by Act 14 of 1965.) [Where the Revenue Officer is of opinion
that any person is liable to be ejected from any land under sub -section
(2) of Section 16 or Section 21 or Section 22; he shall, by a n order in
writing served in the prescribed manner on the person in possession of
the land require him to deliver possession thereof to the Committee, or
show cause, if any, against the order within a time to be specified therein
and if such person fails t o deliver possession or show cause or if the
Revenue Officer rejects any cause shown by such person after giving him
a reasonable opportunity of being heard, the Revenue Officer shall, for
reasons to be recorded, take or cause to be taken steps or use or c ause to
be used such force as, in his opinion, may be necessary for securing
ejectment of such person from such land].
Section 22B - Sums payable to the Committee or the State
Government shall be recoverable as public demand
(Inserted by Act 15 of 1959 an d renumbered by Act 14 of 1965.) [Any
amount payable to the Committee or the State Government under this
Act or under the rules or regulations made thereunder shall be
recoverable as a public demand].
Section 23 - Provisions of Act to prevail over other laws
The provisions of this Act shall have effect, notwithstanding anything to
the contrary contained in any other law for the time being in force.
Section 23A - Penalty
(Inserted by Act 8 of 1981.) [If any person fails to comply with any lawful
order made by a Revenue Officer under section 14A or Section 22A or
contravenes any such order, or offers resistance or obstruction to the
taking of possession of any land in accordance with any lawful order
made under these sections, he shall be punished with impri sonment of
either description which may extend to one year or with fine which may
extend to two thousand rupees or with both:
Provided that no court shall take cognizance of any offence under this
section except with the previous sanction of the Collector of the District
in writing.]
Section 24 - Power to make regulations
Subject to the provisions of this Act and the rules made there under, the
Committee may make regulations for the following matters, namely:"
(a) the form of Bhoodan Yagna Danpatra;
(b) the grant of land to landless persons (Inserted by Act 15 of 1959. This
shall be deemed always to have been inserted.) [or to a village
community, Gram Panchayat, or a Co-operative Society organised by the
Committee] and restrictions and conditions attached to such grants;
(Inserted by ibid.)
[(b1) terms and conditions subject to which settlement under section 16
may be made];
(c) the preparation of its budget estimates;
(d) the appointment of its officers and servants;
(e) the appointment of subsidiary committees to assist it in the discharge
of its functions;
(f) the maximum and minimum areas to be granted to landless persons;
(The word "and" omitted by ibid.) [*]
2
[(f1) the scheme of Bhoodan Yagna; and]
(g) any other matter which may be prescribed.
Section 25 - Power to make rules
(1) The State Government may make rules for the purpose of carrying
into effect the provisions of this Act.
(2) In particular and without prejudice to the generality of foregoing
powers, such rules may provide for"
(a) the documents to be filed with the Bhoodan Yagna Danpatra;
(b) the nature, scope and manner of the inquiries under this Act;
(c) the procedure for filing objections, their registration, hearing and
disposal;
(d) the manner and mode of service of notice under this Act;
(e) the procedure relating to confirmation or supersession and
cancellation of Bhoodan Yagna Danpatra;
(f) the particulars to be shown in the list of lands prepared by the
Collector; and
(g) any other matter which is required to be or may be prescribed.