The West Bengal Bhudan Yagna Act, 1962

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GOVERNMENT OF WEST BENGAL
LAW DEPARTMENT
Legislative
West Bengal Act XVIII of 1962
THE WEST BENGAL BHUDAN Y AGNA ACT, 1962.
410.

[Passed by the West Bengal Legislature.]
[Assent of the Governor was first published in the Calcutta Gazette, Extraordinary, of the 17th December, 1962.]
117th December, 1962.]
An Act to provide for dealing.. with lands donated by people
in pursuance of Bhudan Yagna as initiated by Acharya
Vinoba Bhave and matters ancillary thereto;
WHEREAS it is expedient to provide for dealing with
lands donated by people in pursuance of Bhudan Yagna as
initiated by Acharya Vinoba Bhave and matters ancillary
thereto ;
It is hereby enacted in the Thirteenth Year of the
Republic of India, by the Legislature of West Bengal, as
follows : —
1. (1) This Act may be called the West Bengal
Bhudan Yagna Act, 1962.
(2) It extends to the whole of West Bengal.
(3) It shall apply to such area or areas with effect
from such date or dates as the State Government may, by
notification in the Official Gazette, specify in this behalf
and different dates may be specified in respect of different
areas.
Short title,
extent and
application.
2. In this Act, unless there is anything repugnant in Definitions.
the subject or con -text,—
"Bhudan Yagna" means the movement initiated
by Acharya Vinoba Bhave for the encouragement
of voluntary donation of land for distribution
to landless persons ;
(2) ' 'Board" means the West Bengal Bhudan Yagna
Board constituted under section 3;
(3) "land" means land used for purposes of agriculture
or horticulture or purposes incidental thereto,
and includes waste land ;
(4) "landless persons" includes a person owning land
not exceeding such limit as may be prescribed -;
(.5) "prescribed" means prescribed by rules made under
this Act.
Price—Indian, 12 nP.; English, 3d.
(1)
Establish-
ment and
incorpora-
tion of
Bhudan
Yagna
Board.
Staff and
fund of the
Board.
2 The West Bengal Bhudan Yagna Act, 1962.
[West Ben. Act
(Sections 3-6.)
3. (1) The State Government shall, by notification in
the Official Gazette, establish a Board to be called the
"West Bengal Bhudan Yagna Board" consisting of such
number of members as it may think fit for carrying out the
purposes of this Act.
(2) A. majority of the members of the Board shall be
nominated by Acharya Vinoba Bhave.
(3) The Board shall be a . body corporate having
perpetual succession and a common seal, with power to
acquire, hold and dispose of property, both movable and
immovable, and to enter into contracts and to do all acts
necessary and consistent with the purposes of this Act and
shall sue and be sued by the name referred to in sub-
section (1).
4. (1) The Board shall appoint a Secretary and such
other staff as it may consider necessary for carrying out the
purposes of this Act on such remuneration and on such
terms and conditions as may be prescribed.
(2) The Board shall have a fund to be called the "West
Bengal Bhudan Yagna Fund" and all monies received by
the Board on any account whatsoever shall be credited to,
and all expenditure incurred by the Board shall be paid out
of, such fund.
(3) The accounts of the West Bengal Bhudan Yagna
Fund shall be kept and audited in such manner as may be
prescribed.
Particulars 5. Any person who donated any land before the coming
into operation of the West Bengal Bhudan Yagna of donated
land to be Ordinance, 1962, or desires to donate any land in pursuance West Ben.
to Board. of Bhudan Yagna shall furnish to the Board all particulars Ord. VU
in respect of such land specifically mentioning,— of 1982.
(a) the right, title and interest of such person in the
land,
(b) the nature and extent of encumbrances, if any, to
which the land is subject, and
whether any rent, revenue, cess or tax in respect of
the land is outstanding or not.
Vesting
order.
6. (1) On receipt of the particulars referred to in
section 5, the Board shall refer the same to an Officer
having jurisdiction over the area in . which the land
concerned is situated specially appointed by the State
Government in this behalf and thereupon the Officer shall,
if he is satisfied, after giving, in. such manner as may be
prescribed, public notice of his intention so to do, and
after making such enquiry, if any, as he may think fit,
that the donor has good title to the land and that the land
(e)
The West Bengal Bhudan Yagna Act, 1962. 3
XVIII of 1962.1
(sections 7-9.)
is free from encumbrances, make a vesting order, and shall,
after the expiry of the period of appeal or, if an appeal be
filed, after the disposal thereof confirming the
vesting order, send such vesting order to the Registering
Officer having jurisdiction over the area in which the land
is situated for registration thereof.
(2) The Registering Officer shall on receipt of a vesii ng
order sent by the Officer under sub-section (I) register the
same.
(3) On iegistration of any vesting order under sub-
section (2), the right, title and interest of the person
donating the land in respect of which the vesting order is
made shall vest in the Board and the Board shall hold the
land so vested on such terms,, conditions and restrictions
as may be prescribed :
Provided that if any rent, revenue, cess or tax in
respect of such land be in arrears at the time when the
same is donated, the person donating the land, and not
the Board, shall remain liable to pay such arrears.
7. An appeal from a vesting order made under sub-
section (1) of section 6, shall lie, if preferred within thirty
days from the date of the vesting order, to the Munsif
having jurisdiction over the area within which the land in
respect of which the vesting order is made is situated and
the Munsif shall dispose of such appeal by an order either
confirming the vesting order or setting it aside :
Provided that no such order in appeal shall be passed
without giving the party or parties prejudicially affected
thereby an opportunity of being heard.
8. (1) The Board may settle on such terms, condi-
tions and restrictions as may be prescribed, any land
vested in it under sub-section (3) of section with landless
persons residing within the area within which such land is
situated.
(2) When the possession of any land donated by any
person in pursuance of Bh,uclan Yagna is made over to the
Board by the donor before a vesting order in respect of
the land is made under sub-section (1) of section 6, the
Board shall be competent to make provisional settlement
of the land on such terms and conditions as it may think
fit with landless persons residing within the area within
which the land is situated.
Appeal.
Settlement
of donated
land.
9. Notwithstanding anything to the contrary contained Doouments
in any other law, no stamp duty or fees shall be chargeable to be free
fdr')utin y andn a I :I in respect of any document executed or registered in
pursuance of the provisions of this Act. fees.
4.1111001440001W
4 The West Bengal Bhudan Yagna Act, 1962.
[West Ben. Act XVIII of 1962.J
(Sections 10-12.)
Indemnity. 10. No suit, prosecution or other legal proceeding shall
lie against any person for anything which is in good faith
clone or intended to be done under this Act or any rule or
order made thereunder.
Power to 11. The State Government. may, by notification in the make rules. Official Gazette, make rules for carrying out the purposes
of this Act and such rules may provide for any matter
wbich may be or is required to be prescribed.
Repeal and 12. (1) The West Bengal Bhudan Yagna Ordinance, West Ben. savings. 1962 is hereby repealed: Ord. VII
of 1962.
(2) Anything done or any action taken under the West
Bengal Bhudan Yagna Ordinance, 1962, shall be deemed to
have been validly done or taken under this Act as if this
Act had commenced on the 18th day of September, 1962.
WBGP-63/4.44111-61N1
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