The THE UTTAR PRADESH BHOODAN YAGYA ACT, 1952
Uttar Pradesh · state statute
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UTTAR PRADESH BHOODAN YAGNA ACT, 19521
[U. P. Act No. 10 of 1953]
Amended by
U. P. Act No. 10 of 1975
U. P. Act No. 08 of 1977
U. P. Act No. 23 of 1979
[Passed in Hindi by the Uttar Pradesh Legislative Assembly on
December 24, 1952 and by the Uttar Prade sh Legislative Council on
January 5, 1953.
Received the assent of the President on February 27, 1953,
under Article 201 of the Constitution of India and was published in the
Uttar Pradesh Gazette Extraordinary, dated March 5, 1953.]
AN
ACT
to facilitate donation and settlement of lands in connection with
the Bhoodan Yagna initiated by Sri Acharaya Vinoba Bhave.
WHEREAS it is expedient to facilitate the donation of lands in
connection with the Bhoodan Yagna initiated by Sri Vinoba Bhave and
to provide for the setting of such lands on the landless persons :β
It is hereby enacted as follows :β
Short title,
extent and
commencement
1. (1) This Act may be called the U. P. Bhoodan Yagna Act,
1952.
(2) It extends to the whole of the Uttar Pradesh.
(3) It shall come into force at once.3
Definitions 2. In this Act unless there is anything repugnant in the subject
or contextβ
(a) βBhoodan Yagnaβ means the movement initiated by
Sri Acharaya Vinoba Bhave for acquisition of land through
voluntary gifts with a view to distribute it to landless persons;
(b) βholdingβ shall have the same meaning as assigned to it
in the U. P. Tenancy Act, 1939;
(c) βownerβ means, as respects any landβ
(i) in areas where the rights of intermediaries have
vested in the State Government under section 4 of the U. P
Zamindari Abolition and L and Reforms Act, 1950 , its
[bhumidhar or Government Lessee]2 as the case may be ;
(ii) in areas where the U. P. Tenancy Act, 1939, is in
force for the time being, its landlord and also includes a
rent-free grantee, a grantee at a favo urable rate of rent, a
grove-holder and a tenant mentioned in clauses (a) to (f) of
section 21 of the said Act ;
ββββββββββββββββββββββββββββββββββββββββββ
1. For S. O. R. see Gazette Extraordinary dated November, 21, 1952.
2. Sub. by s. 71 of U. P. Act No. 8 of 1977.
3. Omitted for transferred territories under s. 3 of U.P. Act No. 52 of 1976.
[Uttar Pradesh Bhoodan Yagna Act, 1952]
532
(iii) in other areas, its proprietors and also includes
a tenant having a heritable and transferable interest in
land ;
(d) βprescribedβ means prescribed by rules made under
this Act ;
(e) βState Governmentβ means the Government of Uttar
Pradesh;
(f) words and expressions not defined in this Act shall
have the meaning assigned to themβ
(i) in areas referred to in sub-clause (i) of clause (c) in
the U. P. Zamindari Abolition and Land Reforms Act, 1950 ;
(ii) in areas referred to in sub -clause (ii) of the said
clause in the U. P. Tenancy Act, 1939 ;
(iii) in other areas, in the law relating to land tenure
applicable to the land.
Establishment
and
incorporation of
the Bhoodan
Yagna
Committee
3. There shall be established a Bhoodan Yagna Committee for
Uttar Pradesh (hereinafter called the Committee) having perpetual
succession which shall be a body corporate vested with the capacity of
suing and being sued in its corp orate names acquiring, holding,
administering and transferring property, both movable and immovable
and of entering into contracts.
Constitution of
Committee
4. (1) The Committee shall consist o f the following members,
namely
(a) the Chairman to be nomi nated by the [State
Government]1.
(b) four or more but not exceeding nine members to be
nominated by the [State Government]1 ;
(2) [ * * * * ]2
(3) The nomination [* * * ] 3 of the Chairman and of the
members shall be notified in the Gazette in the manner prescribed.
(4) The Chairman and members of the C ommittee shall hold
office for four years from the date of the notification under sub -
section (3), and shall be eligible for re-appointment or re-nomination.
Dissolution of
the Committee
5. (1) If at any time the State Government is satisfied thatβ
(a) the Committee has failed without reasonable cause or
excuse to discharge duties or to perform functions imposed or
assigned by or under this Act,
(b) circumstances have so arisen that the C ommittee is
rendered unable or may be rendered unable to discharge
duties or to perform functions imposed or assigned by or
under this Act, or
ββββββββββββββββββββββββββββββββββββββββββ
1. Subs. by sect. 2 (a) of U. P. Act No. 23 of 1979.
2. Del. by sect. 2 (b) ibid.
3. Del. by sect. 2 (c) ibid.
[Uttar Pradesh Bhoodan Yagna Act, 1952]
534
(c) it is oth erwise expedient or necessary to d issolve the
Committee, it may by notification in the official Gazetteβ
(i) dissolve the Committee for the period to be
specified ;
(ii) direct the reconstitution of the Committee in
accordance with the provisions of sectio n 4 of this Act ;
and
(iii) declare that the duties, powers and functions of
the Committee under this Act shall for the period for
which it has been dissolved be discharged, exercised and
performed by such person or authority and subject to
such restrictions as may be specified therein.
(2) The State Government may make such incidental and
consequential provisions as may appear to be necessary for this
purpose.
Casual
vacancies and
other matters
about the
Committee
6. The method of filling up casual vacancies in the Committee,
procedure of its working and the conduct of its business shall be
such as may be prescribed.
Duties of the
Committee
7. (1) It shall be the duty of the Committee to administer all
lands vested in it for the benefit of the Bhoodan Yagna.
(2) The Committee shall for the purposes of Bhoodan Yagna
perform such other functions and possess such other powers as may
be necessary in respect of such land.
Donation of land
to Bhoodan
Yagna
8. (1) Notwithstanding anything co ntained in any law for the
time being in force, any person, being the owner of land, may donate
and grant such land to the βBhoodan Yagnaβ by a declaration in
writing in that behalf (hereinafter called the Bhoodan declaration) in
the manner prescribed.
(2) The B hoodan declaration shall be fil ed with the Tahsildar
as soon as it is made.
Publication of
and
investigation
upon the
declaration
9. Upon receipt of the Bhoodan declaration the Tahsildar
shallβ
(a) publish the same for objections, and
[(aa) give notice of the same to the concerned Gaon Sabha.]1
(b) make a summary inquiry as to the right title, and interest
of the donor in such land.
Donor
competent to
donate land
10. Notwithstanding anything contained in the U. P.
Zamindari Abolition and Land Reforms Act, 1950 , U. P. Tenancy Act,
1939, or any other law relating to land tenure as may be applicable,
an owner shall be competent for purposes of this Act to donate the
land held by him as such to the Bhoodan Yagna.
Filing, hearing
and disposal of
objections
11. (1) any person whose interest are affected by the Bhoodan
declaration made under section 8 may, within thirty days of the
publication of the declaration, file objections on the same before the
Tahsildar.
ββββββββββββββββββββββββββββββββββββββββββ
1. Ins. by sec. 2 of U. P. Act No. 10, 1975.
[Uttar Pradesh Bhoodan Yagna Act, 1952]
536
(2) The Tahsildar shall registe r every such objection and shall
fix a date of hearing, of which notice shall be given to the declarant,
the objector and [the concerned Gaon Sabha].1
(3) on the date of the hearing or any other date to which it may
be postponed, the Tahsildar shall proceed to investigate and dispose of
the objection and shall subject to the provisions of section 12β
(a) either confirm the Bhoodan declaration, or
(b) supersede the same.
(4) If the Tahsildar confirms the Bhoodan declaration then
notwithstanding anything contained in any law for the time being in
force, all the rights title and interest o f the owner in such land shall
stand transferred to and vest in the Bhoodan Committee fo r purposes
of the Bhoodan Yagna:
Provided that no Land revenue shall be payable in respect of
the land for a period of three years commencing from the first day of
July next following the date of confirmation where such land was
partikadeem or banjar on the date of donation.
(5) Where the Bhoodan declaration is superseded by the
Tahsildar under sub-section (3) the donation shall stand cancelled and
the owner shall be d eemed to continue to have all his right, interests
and title in such donation was made.
[(6) "Any person aggrieved by an order of the Tahsildar under
this section may, within thirty days from the date of the order, prefer
an appeal against it to the collec tor and the decision of the collector on
such appeal shall be final.
(7) The power to confirm or supersede a Bhoodan declaration
under this section shall include the power to confirm or supersede the
same wholly or in part.β]2
Lands which
cannot be
donated
Lands donated
prior to the
commencement
of this Act
12. Notwithstanding anything contained in any law an owner
shall not, for purposes of this Act, be entitled to donate the land falling
in any of the following classes namely.
(a) lands whi ch on the date of donation are recorded or by
usage treated as common pasture land, cremation or burial grounds,
tank, path-way or threshing floor; and
(b) land in which the interest of the owner is limited to the life -
time ;
(c) such other land as the State Government may by notification
in the Gazette specify.
13. (1) Where any land has been donated to the Bhoodan Yagna
prior to the commencement of this Act, the Collector shall prepare a
list of all such lands other than lands to which the provisions of
section 12 apply showing thereinβ
(a) the area and other particulars of the land;
(b) the name and address of the donor;
ββββββββββββββββββββββββββββββββββββββββββ
1. Sub. by sec. 3 (i) of U. P. Act No. 10 of 1975.
2. Ins. by sec. 3 (ii) ibid.
[Uttar Pradesh Bhoodan Yagna Act, 1952]
538
(c) date of donation;
(d) the nature of interest of the donor in the land;
(e) if the land has already been granted to any person in
pursuance of the Bhoodan Yagna, the name and address of the
person to whom the land has been granted (he rein after called
the grantee) ;
(f) the date of the grant under sub-clause (e) ; and
(g) such other particulars as may be prescribed.
(2) The list so prepare shall be published in the manner
prescribed.
(3) Upon the publication of the list under sub -section (2) and
notwithstanding anything in any law to the contraryβ
(a) the right, title and interest of the donor in such land shall
with effect from the date of donation be deemed to stand
transferred to and vest in the Bhoodan Yagna Committee as if a
Bhoodan Yagna declaration had been duly made and confirmed
in respect thereto under and in accordance with section 8 and
sub-section (3) of section 11 ;
(b) where such land has in pursuance of Bhoodan Yagna
been granted to any person it shall with effect fro m the date of
grant be deemed further t o have been granted to the grantee
under and in accordance with the provisions of section 14.
Grant of land
to landless
persons
14. 1[(1)] The committee or such other authority or person as
the Committee with the approval of the State Government, specify either
generally or in respect of any area, may, in the manner prescribed, grant
lands which have vested in it to the [landless agricultural labo urers]2,
and the grantee of the land shallβ
(i) where the land is situ ate in any state which has vested
in the State Government under and in accordance with section 4
of the U. P. Zamindari Abolition and Land Reforms Act, 1950,
acquire in such land he rights and the liabilities of a [bhumidhar
with non-transferable rights]3 and
(ii) where it is situate in any other area, acquire therein
such rights and liabilities and subject to such conditions,
restrictions and limitations as may be prescribed and they shall
have effect, any law to the contrary notwithstanding.
[(2) whe re the committee or other authority or person as
aforesaid fails to grant any land in accordance with sub -section (1)
within a period of three years from the date of vesting of such land in
the committee or from the date of commencement of the Uttar Prades h
Bhoodan Yagna (Amendment) Act, 1975, whichever is later, the Collector
may himself grant such land to the landless agricultural labo urers in
the manner prescribed, and thereupon the grantee shall acquire the
rights and liabilities mentioned in sub -section (1) as if the grant were
made by the committee itself.
(3) [ * * * ]4
(4) In making grant of land under this section, the committee or
other authority or person as aforesaid or the Collector, as the Case may
be, shall observe the following principles :β
ββββββββββββββββββββββββββββββββββββββββββ
1. Re-numbered by sec. 4 of U. P. Act No. 10 of 1975.
2. Subs. by Sec. 4 (b) ibid.
3. Subs. by Sec. 72 (a) of U. P. Act No. 8 of 1977.
4. Omitted by Sec 72 (b) of U.P. Act No. 8 of 1977.
[Uttar Pradesh Bhoodan Yagna Act, 1952]
540
(a) At least fifty per cent of the land available for grant
shall be granted to persons b elonging to the scheduled Caste ,
scheduled Tribes and persons belonging to the Kol, Pathari,
Khairwar, Baiga, Dharikar, Panika and G ond Tribes and such
other tribes as the State Government on the recommendation
of the Committee may notify in this behalf ;
(b) The land situate in one village shall, as far as possible,
be granted to persons residing in that every village.
Explanationβ For the purposes of this section, the
expression βlandless agricultural labourerβ means a person whose
main source of livelihood is agricultural labour or cultivation and who
at the relevant time either holds no land or holds land not exceeding
0.40468564 hectares (one acre) in Uttar Prad esh as a Bhumidhar,
(***)1 asami or Government lesseeβ]2
Grants to be
made in
accordance
with Bhoodan
Yagna Scheme.
Cancellation of
certain grant
15. All grants shall be made as far as may be in accordance
with the scheme of Bhoodan Yagna.
15-A. (1) The Collector may of his own motion and shall on
the report of the committee or on the application of any person
aggrieved by the grant of any land made under section 14, whether
before or after the commencement of the Uttar Pradesh Bhoodan
Yagna (Amendment) Act, 1975, inquire into such grant, and if he is
satisfied that the grant was irregular or was obtained by the grantee
by misrepresentation or fraud, he may β
(i) cancel the grant, and on such cancellation, notwithstanding
anything contained in section 14 or in any other law for the time being
in force, the rights, title and interest of the grantee or any person
claiming through him in such land shall cease, and the land shall
revert to the committee ; and
(ii) direct delivery of possession of such l and to the committee
after ejectment of every person holding or retaining possession thereof,
and may for that purpose use or cause to be used such force as may
be necessary.
Exemption
from stamp
duty and
registration.
(2) Notice of every pr oceeding under sub -section (1) shall be
given to the committee, and any representation made by the
committee in relation thereto shall be taken into consideration by the
Collector.
(3) No order shall be passed under sub -section (1) except after
giving an opportunity of being heard to the grantee or any person
known to the Collector to be claiming under him.
(4) The order of the Collector passed under sub -section (1)
shall be final and conclusive.β]3
16. The Bhoodan declaration made or deemed to be made
under section 8 or a grant of land made or deemed to be made under
section 14 shall be and shall always deemed to have been exempt from
payment of stamp duty and from registration or attestation under law
relating to registration and execution of Documents, any law to the
contrary notwithstanding anything to the contrary contained in any
other law for the time being inforce.
ββββββββββββββββββββββββββββββββββββββββββ
1. Omitted by Sec. 72 of U.P. Act No. 8 of 1977.
2. Ins. by Sec. 4 (b) of U. P. Act No. 10 of 1975.
3. Ins. by Sec. 5 of U. P. Act No. 10 of 1975.
[Uttar Pradesh Bhoodan Yagna Act, 1952]
542
Power to
make rules.
17. (1) The state Government may make rules for the purpose of
carrying into effect the provisions of this Act.
(2) Without prejudice to the generality of foregoing powers, such
rules may provide forβ
(a) the matters relating to the establishment, constitution of
the committee [and nomina tion of chairman and the members
thereto]1
(b) the form of Bhoodan declaration and the manner in
which it shall be filed ;
(c) the documents to be filed with the Bhoodan declaration;
(d) the manner of publication of the Bhoodan declaration;
(e) the nature , scope and manner of the enquiry under
section 9 ;
(f) the manner of filing the objections and their registration ;
(g) the fixation of date for hearing the objections;
(h) manner and mode of service of notices under this Act;
(i) procedure to be follow ed in hearing and disposal of
objection under section 11 ;
(j) the procedure relating to the confirmation or supersession
of declaration ;
(k) the matters relating to the grant of land in pursuance of
section 14 ; and
(l) the matters which are to be and may be prescribed.
ββββββββββββββββββββββββββββββββββββββββββ
1. Subs. by Sec. 3 of U. P. Act No. 23 of 1979.
Lex