Assam Bhoodan Act, 1965
No: 23 Dated: Aug, 12 1966
THE ASSAM BHOODAN ACT, 1965
ASSAM ACT XXIII OF 1966
An Act to facilitate donation and settlement of Lands in connection with the Bhoodan Jajna movement initiated by Acharya Vinoba Bhaue.
Preamble:- 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:-
1. Short title, extent and commencement:- (1) This Act may be called the Assam Bhoodan Act, 1965.
(2) It extends to the whole of the State of Assam .
(3) It shall come into force at once.
2. Definition:- 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 agriculture or agricultural labour ; and
(ii) who docs not hold any land or holds an uneconomic holding of less than five bighas of land;
(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.
3. Donation of land by way of Bhoodan:- (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;
(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.