Tamil Nadu act 015 of 1958 : The Tamil Nadu Bhoodan Yagna Act, 1958

DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The Tamil Nadu Bhoodan Yagna Act, 1958

Act 15 of 1958

Keyword(s):

Bhoodan Yagna, Community Purpose, Gramdan Land, Gramdan Village,

Landless Poor Person, Owner, Sarvodaya Panchayat

Amendments appended: 36 of 1964, 25 of 1992, 37 of 2000

1

': 1 Short title and extent.

2 Definitions.

P

[$. 3 Establishment and incorporation of State Boerd.

5

,h 4 Constitution of State Board.

5 Term of office.

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i 6 Disqualifications for membership. :" f 7 Resignation of Chairmsn or member.

C.

2

6 a 8 Removal of Cbirrnan or member.

LX* % 9 Filling up of casual vacancies.

10 Dissolution of Gtatc Board.

11 Vesting of land in state Board.

13 Meetings of State Board. I A i j .i I,

t n I

14 Acts of State Bo?,rd, etc., not to be invalidated *Ell

15 Ijocal Conimittces. 1' i i,..,,l

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16 Donation of land.

17 Hearing of objections.

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i 18 patition of holding. . 19 .Grant of land by State Board. z 20 Donation of in.~d made prior to commenccmellt !

f

of Act.^9Y I'

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11958 : T.N. Act ."V

21 Funds of State Board,

22 , Application of Funds.

23 Filing of suits.

24 Exemption from registration and stamp duty.

25 VestingofGramdanlandsinSarvodaya Pan- cha yat ,

26 Management of Gramdan lands.

27 Power to make regulations,

28 Power to make rules,

3

!&:

F 6 . 2 < k .

f ' - 1958: T.N. Aet XV]

*

5 I BItoodan 1 'agnu. 853 '[TAMIL NADUJ ACT NO. XV OF i958.2

i:lii +! I ;

[THE T TAMIL NADU] BHOODAN YA GNA

ACT, 1.9581

rC

0," 9ua I& 9& M^p 19Sr in r t St ~ z o r g 6arette on the 1 6th July 1 958 (&&a 25, 188U)J.

:: -

An Act to fdcilitate the donation of lauds for the Bhoodan Yagna and the transfer and settlement of such lands in the a[State of Tamil Nadu.] - 6 ~.

, WHEREAS it isc necessary and eipidient to fa-qilitate the donat ion : of lands for the Bh~pdari Yagna iditiated by - Shri Acharya Vinobha Bhave and the transfer and Skttle- ment of such lands for the benefit of landless poor persons or for community purposes and to provide in . Gramdan villages for the vesting of lands in, and tbc rmnage-nt of those lands by, the Sarvodaya Panchayat i 1 the =[state of Tamil Nadu] ;

*¹

/

BE it enacted in the Ninth Year of the Republic of India

as follows :-

. , .

1.. (1) This Act may be called the '[Tamil ~ a d b ] and short extent* title

I 1

Bhoodan Yagna Act, 1958.

(2) It extends to the whole of the a[State of Tamil ^{I- f}

Nadu] .^b --

1 These words were substituted for the word " Madras " by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, ^C

4

(u) ' IEho~ciat~ Yagna' ~ncirlls t l ~ c nzovtl;mci~t initiated by Shl i AcharyaVitlo b11:~ Bhavc for i he auquisition of lands thr-ough voluntary gilt:, for. tiialri bu: ion io '[land-

less poo~, p:~ si)n s , co-operaiive socict iea or Sarvoda ya

Panchaya~ s or fc\r com~nu~lit y p u rpc!~,cs] ;

(b) ' Community purpose ' means any .purpose

which is for thc general good of ihe community ;

. (c) t Govcrn~nerlt '* means ihe Statc Government ; v t \ .

2[ (d ) ' Gramtlai~ land ' incans lirnd donated for

Gramdan in a Grarndan villagc and i~~cludcs any land in :such 5llage donated for the Bhoodall h g n a and granted

/ ' 7 under sub-sec;ion (1) of section 19 to the Sarvodaya Panchayat con$i!uted for that village ; * , . * . Ji '

(e) ' Gramdan villngc9 nltans any rcvcnua village

' " d';',vi1lages or p xrt or parts l hereof in which-

(i) not leas than two-thil ds of ilie number of ,

p~rsons residing alld owning lands tlonatc all their lands -$ort Gramclan ; or

(ii) not IL'SS than one-half of thc total cxtcnt of r ht:

I lands owncd by PC)-aons residi~lg in sucb village or .villages

or part or pal is is donated by persons rcsiding and owning lands thcnbin dona:iag all tlluir lands for Gramdan,

' and which the Govcr nment may, by notification; declare to be a Gramdan village ] ; '

. 3[(ee) ' Inquiry Officor ' 112;=ans i kc Tdhsil~far or

aputy Tah3il:lar ill indcpcndc-nt chai gc, having jurisdiction in t hc r alu k w su b-talu k whei e lands donated for the Bhuodaa: Ri gna are silrrai t: or : ~ ~ ~ c i z ollie~r as the

f - - - -- - - - - - . - . - - - - -- .- --- - . -- -_.

These words were substitutd b~. v I " litinllqa?i p t j t ~ ~ * pekons or for cornmuoily purposes " Irv : 7 c c l i t ~ ~ ~ '1 (i) {jf fllc 'lil,l,il Nadu Bhoodan Yagna (An~endmcnt) Act, 1004 ('iV;rrrtil F*l:lrlrr A C ~ 36 of 1964).

2These clauses wcr.: wi)itituted for tho orizinal clauxi ( r l ) pnd

(e) by section 2 (ii) of the Tanlil Nq~l.1 F4hf>ctcI:,n Y:+gr!;r (Amendment)

Ad, 1964 (Tamil N,tdu Act 36 of 19641,

3 This clause was inresled by section 2 (iii) of the Tamil Nadu Bhoodan Yagna (P rnclldment) Act, 19M (Tamil Nado A a 36 of

964).

5

S

?199 : T.N. Act xv ] Bhoodan Yugnd,

istrict Collector may, by notification, .appoint for such llage or villages where lands donated for the Bhoodan gna arc situate, as may be specified in t he notification ;]

C

(0 '1 andless poor person' neans .a person who

either is not a owner of land or a owner of land which does not exceed the limits prescribed in this behalf and whose annual income does not exceed three hundred rupees ; '

(g) 3wner ' includes any tcnant having heritable . and alienable interest in land ;

(h) ' Sarvodaya Panchayat ' means the Sa rvodaya . I,* Panchayat constituted for a Gramdan village ;and

(i) + State ' Board ' means the '[Tad 1 Nadu State Bhoodan Yagna Board] established under section 3.

3. (1) The duty of carrying out the provisions of this Establish ment sad[ Act,shall, subject to the restrictions, conditions and limita- inCdTPmB :

tions therein contained, be vested in a Board to be called tion uf State

The '[Tamil Nadu State Bhoodan Yagna Board]'. Board.

(2) The State Boarla shall be a body corporate having perpetual succession and a common seal with power to enter into contracts and to acquire, hold, administer and transfer proi)etty, movable or immovable, and shall, by , . the said name, sue and be sued.

. .

, ( ,

4 ,

4. (1) Thi: S. ate Board shall ' consist of a Chairman Constitution

and ten or more but not exceeding fourteen other membm of she'

who shall bc appointed by !ha Government in consulta?ion B o ~

with Sllri Acharya ~inobha'I3ha~e dr d person nominated

by him in writing in this behalf. . .

1 7 k. & , .' > 8 I

(2) The appoint nlent of the Chair~nan and the other melllbcl-s of the State Board shall be published in the

Fort St. Gcroge Gazette.* . ,

4 . - ; ,; ,! ; ,

i This erijrcssion was substituted fd the express:on " Madras - , :. .i ,-;. . . . ., 1. '

State hood an Yagna Board " by paragraph 3(1) of, arid the Schedule *^.B ,, , . #,

to, the Tamil Nadu Adaptation of Laws ,Order, 1970, which ,was deemed to have come into fore on the,l%h January 1969,

. .

6

[1958: T.N. ActXV T C ~ of 5. Every member of the State Board including the :

Chairman, shall hold office for a ttern of four years from the date of appoiatment, and shall be elgibile for re- appointment ,

r r disqualified for appoibtliient the date of appointment such I ' j

lcss than twenty-one years of age ; or

) I I L 8 is of unsound mind ;. or as applied to be or has been, or is, adjudi- ed by a Crimiual Court for an ^t delinquency, such sentence not been reversed ;' ,or . .

ous occasion been removkd , .

ers of the State Board or of a

,4 been removed by order of a competent Court from any position of trust either for

mismanagement c j i c~rruption.

- . (2) A member of the State Borad shall cease to: hold hi's office if he-

(a) is sentcnceti by a Criminal Court for an offence . ,. . , involving moral delinquency, such sentence not having been revetsed ; cr . 8

(b) beco~xes of unsound mind ; or

(c) has apylicd to be, or has been, or is adjudicated :< an insolvent,

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T

Rajgnation 7. The Chairmall or any other Illember of the State .

Board may at any limo resign his office by tendering his or member.9 resgination in writing to the Government. No ~ u c h

I resignation shall take effect unless it is accepted and the acceptance is comniunicated to him.

.r

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8; (1) The Goverment may, 'after making such dnqui& ~ e ~ o V ~ 1 of

as may be Grescribed, by order, remove the Chairinan,' or W m a a or any other member of the State Board, if they are satisfied memb* -

that thc.Chairman or me~ber- .,

(a) has become disqualified-for appointment to' the

State Board for any of the reasons mentioned in section /

6; or

(b) has become incapable of acting as Chairman or other member or has so abused his position as Chairman or member as to render his contiauance as such detrimental to the public interest; or

(c) has failed, without excrse sufficient in the opinion of the State Board, to attend three cocsecutive meetings of the State Board. '

(2) Where a persorr who has ceased to k- a. member by reason of his failure to attend three consecutive meetings of the State Board applies to the Government^I

within one month from the date of the order of removal for restoration to office, the Government may, on the recommendation of the State 'Board, restore him to his ofice ofamember :

Provided that a member shall not be so restored more than twice during his term of office.

(3) Every order of removal ufider sub-section (1) or of restoration under s3b-section (2) shall be published I in the Fort St. George Gazette."

9. (1) Any casual vacancy in the office of the Chairman pi,ljngup of

or any other member of the State Board shall lie filledcasual within two months by a fresh appointment, in the manner vacancies.

prescribed. (Z).The Chairman or mernbcr ~ppointed to fill a vacancy undcr sub-section (1) shall enter upon office forthwith but shall hold office only so long as the member in whose*place he is appoiilted vrould have been entitled to hold office if the vacancy had not occurred.

(3) Every a.ppointment undcr sub-section (1) shall be published in the Fort St. George Gazette.*

-.-.-. -. _L-- , .

*Now the Tnnzi,/ Nadu Govern~nerzt Gazette.

8

. 858 . . Bhoodan Yagna f1948: EN. Act XV

? .' L 1

, Dissolution 10. (1) If at any tims the Government arc satisfied

. . ?u i', l~of-Sbte &at-*

, . I 1 ' " k ~ jfl;ir? 'I&,&& 1 ,

(a) the State Board bas failed wiihout reasonAble

cause or excuse to discharge the dutie$ or to perform the - I;;: ifunctions imposed on or assigned to it by or under $his.

(h) circumstances have arisen in which the St* r<- . ' .,J"'" 7 *

% 1 " fj0ard.i~ or may be rendered unable to discharge the duties p', , .-' , . -: or to piform the functions imposed on or assigned to i t

$y or under this Act; or e (c) it is otherwise expedient so to do,

8 .

they may, in ,consu!tatiou with SIlri Achafya Vinobha ~ Bhave, by notification direct-

(i) in cases falling under clause (a), that the State Board be disso:ued and reconstituteo. on such date

as the Government may fix in that behaif, stnd

. . (ii) in cases falling rcJr- <*l?yl.se (4 ) or (c), that the State ~ o a r d be ~ulxrseded for a specified period.

(2) Before pu blisl~ing a notification under sub-section

(I), the Government shall communicate to the State Board the grounds on whichr;hey propose to do so, ex a, reasonable , 'period for the State 7osrd to show cause against the proposal r and consider its explimntions or objections, if any.

(3) On the date fixed for the dissoIution of the State

t - Board' under sub-section (1); all its members as well as

I . . . its Chairman shall be deemed to have vacated their offices

. and fresh appointments shall be made in accordance with

the provisions of this Act and the Chairlnan and the members newly appointed shall enter upon their offices on the date fixed for t h e reconsitutio~~ of the State Board,

(4) Supersession shall take effect from noon on the

date specified in the notification or if no date is specified, on the date of publication of the notification, and thereupon the following consequences shaII ensue :-

(a) A,: :~embers of the State Board as well as it8

Chairr~an shall be deemed to have vacatcd their officcs.

- - - ----.-.-.--...

9

- 1958: T.N. Act XV]

(b) All or any of the powers and functions of the

' State Board and of its Chairman shall, during the period of superscssicn, be exercised and performed, as far as may be, and to silch extent as the Government may determine, by such pwsons 01. by suth authority as the Government

C may appoint in that behalf.

(5) The Government may, by ~otification-

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(a) &om time to time extend the period bf, su&x-

, I . i .

, session of the State Board ; and . . * : r e

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2 :.

L' :. ='"

" I r " (6) make such other incidental or consequential v ,+. *.,

provisions as may appear to them to be nscessary. . . $ , ? a

* L . . I l: 5

8 >

(6) .The Government sl~all reconstitute the State b> $t$ s

" " i Board before the expiry of2the period specified in the notification uildcr sub-section (1) or of the extended period

notified under sub-section (5). ,;: ? . , t -. I i . s , .

(7) When the State Board is dissolved or superseded under this section, the Government until the date ,of the reconstitution thereof and the reconstituted State Board

thereafter shall be entitled to all the assets and be spbject to all the liabilities of the State Board as on the date of-the dissolution or supersession and on the date of the re- .constitutign rcspec~;ively. ' $ : .

1

11. All. lands donated for purposes of the Bhoodan Vesting of Yagna whether bcfore or after the cornmenct ment of .,this land in S I E ! :

Act :ih~~ll subeject to the provisions of sections 16, 17 and Board-

20 vesi in ' the State Board.

12. (1) The State Board may appoinl one of its mem- s,;,,tary

bess to act as its Secretary and such orher officers and scrva.i ts :u it may deem necessary h;. t l~c purposes of this Act.

(2) The State Board may delcgate to thc Secretary any of its powcrs, duties or functions under this Act except such powcrs, duties or functions as the Governmnt3t may by ^. gei~eral or special order specify.^I

13. The State Board shall meet, and shall fro111 time ti^^^^ lo time make such arrangements with reference to the of State place, day, hour, notice, management and adjournment 'of Board*

10

' 860 B hoodalz Yagna [1958: T.N. A d XV r , f i . 'its meetings, as it may think fit, subject to the following 's 3 s t, .

$, $; .: ; i . - * provisions, namzly :- .

S'+ $3 \ - $3 .

7 - ' (a) the Chairman may, whenever he thinks fit and , . shall, when so required by the Government, call a meeting of the Stare Board ;

(b) the Chairinall shall attend elfcry lneetillg of the State Board unless ht: is prevented by sickness or other reasonable caus.: ;

(c ) no business shall be tra~~sacted at any meeting unless there be present a majority of the number of ..-

a . members then in ofice ;

(d) every ~nceting shall be presided over by the - Chairman and in l is absence by a member chosen by the meeting to preside for the occasion ;

(e) all questions at a meeting shall be decided by a majority of the mcmbers presellt and voting at the meeting I and in every case of equality of votes, the person presiding shall have and exercise a second or casting vote;

(f) if a poll be dc~nanded, the names of the members' voting and the nature of their votes shall bc recorded by the person presiding; elid

(g) niinutcs of the proceedings at each meeting (together with the names of the members prcsent) shall bc recorded in a book to be proJtidcd for the purpose, and such minutes shall be read at the next ensuing meeting alld signed by the persol& ,,residing at such ineeting. The minutes book .shbkl be open to inspcctioll by ally rnelnber during o@ce hours.

I

AC~S of 14. No act of 111:. State Board or of any person acting

State Board, as Chairman thereof $hail be deemed to be invalid by

"C** not reason oilly of a dcfcct in the establishment of the Board

to be

, invafidated or of such act having been done during the period of any by jdor.vacancy in the oEce of Chairman 01. member of the State

. . mlity, 9~: ~ o a r d , or on the ground that the Chairman or any member

+ of the. Board was not entitled to hold or to continue in 1 such office.

1

i

1958: T.N. Act XV]

-, ,i$

,c; 1

' r . 1 1 . 15. (1) The State Board may, for any district or por- L O C ~ corn-. - t'& . ' ,'$ t ' : tion of a district, constitute a Local Committee consisting mittem. +* @ , F' r

I of not more than five members who shall be appointed : by the State Board from among the residents of the area 1 concerned. The appointment of such members shall be !$ subject to the approval of the Government and shall be for such period as may be prescribed.^"

v.,

(2) The State Board shall appoint oue of the members of the Local Committee to be its Chairman who shall also act as its Secretary.

(3) (a) The State Board may authorize any Local Committee constituted under sub-section (1) to exercise in the area within the jurisdiction of such Local Committee all or any of the powern, duties or functions vested in thestate Board by this Act except such powers, duties or functions as may be specified by the Government by general or special order, and may in like manner withdaaw such ,uthority.

(b) The exercise of ally ~ U ~ V G T S , duties or functions delegated under clause (a) shall be subject to such restric- tions and conditions af: may be prescribed and also to control and revision by the Government or by such persons as may be empowered by them in this behalf. The Govern- ment shall also have powc:r to control and revise the acts or . proceedings of any pen.on so empowered.

L. ~i'

t

(4) The provisions of sections 6 to 10, 13 and 14

shall apply to .a Local Committee subject to the modifi- cation that the powers exercisable by and the duties imposed , on the Goxrn&egt unaer the said sections shall, in relation , a

i . I

I:

to a Local Conqnittee, be exercised by . . the State Board : I

t . 1 ; .> 1

Provided that the dissolution, reconstitution or . , ,- supersession of a Local Committee shall be subject to' , , tlit %;; .. . approval. of the Government. ' . I : I .. .

1

1

1 . . . ( 1 ' 3 I ' I ' *16. (1) Notwithstanding, anything to the contrary of ;, . .... contained in any other law for thetime being % in force, + la nd. ,

. . ;

. < . . t

C ' a ' 7 -. . ' * Donations and grants of land for the Bhoodan 17agna or for , r

. . Oramdan maderot deemed to ?have fieen made undel tlBs Act prior: .:^{9 c} .. to the commencement of Tamil Nadu Wct 36 of 1964 1 rere deem& 1 ::,',. .^i'

to be valid transfers notwithstariding anything contained . n any judg% :' " ,⁺

mznt, decree or order of any court even if they were not made in A + accordance with any law relating to transfer of property cr regis- " '-

tration., Please seer section 11 of.the Tamil :Nadb Elhoodan Yagna . . ii

(Amendment) Act, 1964 (Tamil Nadu Act 36 of 1964). ^{. ,".f}

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12

862 B hood a12 l'cfgjtn j1458: T.N. Act XV

1

a < (a) any ol,krnt.r raay, .,j 2c;:m-at ian made in the

prescribed manner, donate hi s land for r he Bhoodan % . Vagna:

Provided t.hai where any lalld is owlled jointly bye ' two or :more persons, no donation of latld shall be valid, unless the declaration is signed by sllsuch ioint owners :

V

Provided further that a declaration made by a minor

shall not be valid ;

(b) any person to whew the Government have

I

assigned any land on the ground of his having been a political sufferer may, by declaration made in the pres- cribed manner, donate such land for the Bhoodan Yaljna

provided the following conditions are satisfied, namely :-'

(i) in the case theland was not undcr cultivation before assignment, the assignee should have brought it a ' ' under cultivation ~ v i t l ~ i n three years from ihe date of assignment ;

, ( i i ) the assignee should have paid in full all the publio char,-- due to the Governmcnt in respect of the , l ind and repaid in Toll the loan or loans obtained from the Government, togc-thcr with the i ntrrcst thoscon, bcforc making thc donation for i he Bhoocla~l Yag~~a.

(2) Whcie the owner donating his land for the I Bhoodan Yagna undzr sub-section (I) is a janmi or any , other, landlord n an area where the Malabar Tenancy Act, . . . , 1929(lFamil'Nuda] Act XIV of 1930), i s i n force, no dona- ,', tion of his land for I he Bhoodan Yagnn shall bc' valid unless the tenant of si~ch janlpi or landlord transfcrs 611 his right, title and i nter-est in, such land to the State

+ Board for the purposcs of the ~ h o o d a i ~ Yagna by declara-

ti on made in the prsscl ibed manner.

' I

, 1'; li.;. :: t q *

. '$[(3) Every declaration made under sub-section (1)

-i.,- - a shall be filed with the State Board.]

. -.

. .L.i 1 These words were substituted for the word cc Madras" by Tamil Nadu Adaptation cf Laws Order, 1969, as amended by

. .\ Tamil Nadu Adaptatio~ of Laws (Second Amendment) Order, 19

'2 This sub-section \?as substituted for original sub-section (3) section 3 of the Tamil Ntdu Bht3oclan Yagna (Axnendment) Act, 19

., (Tamil Nadu Act 36 of 196.11,

1 ..

\ ,

. a I -*#-- -.- - , < . -

rrJU --- _----.I - - . - . -. - , f

13

-*y -s

- - ----- L-_ - . . " W -.+.-

. $ .

1958: ~ . h . Att xG] Bhoodbn Yugna 8613 ,

I

17.-'[(I) The State Board shall, as soon as may beiikearing of

after the filing of every declaratj on under the sub-section

(3) of section 16, publish the declaration i n the Fort st. George Gazette* and i n such other manner as may be^I

prescribed and forward t He declarat + inn to the Inquiry Officer concer l ed ,]^{b i.}

(2) 'Any person whose interests are affected by any such declaration may, within two months oft he publication of the declaration, file objections on the same ' before

the S[Inquiry Officer]

(3) The sgnquiry Officer] shall register every such objection, fix a date for its hearing and sliall give notice .

of such date to the donor, the objector, the State Board and t he Local Cornmi ttee concerned..

(4) On the date of hearing or any other date to which

it may be postponed, the '[Inquiry Office1 1, shall proceed

to investigate and disposcofthe objectioi~ and hv ordel withi n such time as may be prescribed ejl her conbr m the declaration or declare i t null and void. 5[Whcl.c. there i s no objection, the Inquiry Officer, afr er making such inquiry as he deems fit, shall, as soon as may be, by order, confirm the declarat i on or declare i * null and void .] - &

i This sub-section was substituted for original sub.section (1) by section 4 (i) of the Tamil Nadu Bhoodan Yagna (Amendment) Act, 1964 (Tamil Nadu Act 36 of 1964).

2 ~ h k s e words wzre substituted for the words " Tahsildsr or I / the Deputy Tahsildar in independent charge, having j~~risdiction in the taluk 01- su b-taluk where the land is situa~c " by section 4 (ii)

of thz Tamil Nadu Bhoodan Yagna (Amendment) Act, 1964 (Tamil Nadu Act 36 of 1964).

a Thcsc words wcl-c substituted for t hc words Tahsildat or the Deputy Tahsildar, as the case may bc " by section 4 (iii) of the

Tamil Nadu Blioodail Yagna (Amendment) Act, 1964 (Tamil Nadu

Act 36 of 1964).ⁱ if

4 These words were substituted fdr, thc wort's "Tansifdar o r .^b

the De uty Tahsildar as the case may be " by siction 4 (iv) (a) of the R^i' Tamil adu Bhaodarr Yagna (Amendment) Act, 1964 (Tamil Nadu ,I H Act 36'of 1964)'

1

5 This sehtence was aedcd by section (4 (iv) (bj of the Tamil Nadg " .

Bhoodan.Yagna iAn:cndment) Act, 1961 (Tamil Nadu Act .36 o f . . i \ -. 1964). *! \

t

* Now the Tamil Nadu Governmemt Gazette. I , I

14

a64 Bhoodan Yagncl [1958: T.N. Act XV I[@) (a) Whcrc thc Inqul~ y Oficer paws an order under su b-sect i on (4) confirming a dcclarai ion, he fl. . shall; as soon as may be, comm~ini ca~e the order along

1 I .

with the record of his ytocccd ings to I he State Board,

(b) As soon as inay be after the receipt of the order referred to i n clause (a) , 1 I.ic State Board shall- -

(i) publish such order in the *Fort St. George Gazette ; and

(ii) send a copy of such order duly authenti- ,-

cated by any officer autho1.j sc-d by the Statc Board i n thi s ,

behalf to the registering ofTicer und.cr the Indian Rcgis~ra-

tion Act, 1908 (Central Act XVI of 1908), within the local limits of whose jurisdj ction the land to which the order ;

relates is situar' ..nd such registering oficer shall register such oli~er :

Provided that no fcc shall be payable for such r~gistration and it shall not be necessary for any o@ce.r oft he State Board to appcar in person or by agent at the

registration office i ~ ? any proceeding connected. with such registration].

2[(6) Upon such registration, all tlleright, title and interest of the donor i n such land shall, no twithstonding anything contained in any other law for the time being in ^.'

b r c c but subject to the provisions of scction 23, stand transferred to, and vest in, the State Board for the purposes of the Bhocdan Yagna.]

.

. ' --- '.

15

B /100ddtl Yagflcl 865, , - . -L . - iJ$ t ! S f !^{,? ?}

"r a* (8) The State Buard z:.;' -⁺any i t a p of the - ! / proceedings reject the declaration of a donor on any 01 ⁺ ' I j the following grounds, namely :-

*$

(i) that the donor isincompetent to make tk

donation ; a (ii)rhatthetitleofthedonorisde&~ti~e; I I ' ' (iii) that, there

(iv) that there are arrears of land revenue or ienl ;

, ,

. .

(v) that the landdonated is common pasture land? ' , cremation :or buriai- ground, tank, pathway thrashing :

3 o r ; or , r" ' . .. .

(vi) any'-other , , , prescribed . grountls; - ?^. . .

I. . " . . \ * *

* ,* 1 - .. * , . ~[(g) pedd ng

Ilndei-this*{<&i6n,the' , tarns and conditions as may

4. donor and the Stale Board, arrange ,: of the lands donated for the Bhooda

sect ion (1) of scctjon 16 as it thinks fit.]'

t ,

,

Partition 1s. ~f any land donated for the.Bhooda11 Yagna forms holding.

part of a holding, the State Board or the Local Comm.ttee. . as the case may be, %[may apply to the Inquiry Officer for ' , posseisi on and tho Inquiry Officer may] notwithstanding

my provision in any other law to the contrary, partitjon hold ng, demarcate the land and effect i 1s subdivi sjon. _ - -

i ~ h i s ub-section was added by section 4 25) of the Tamil N & ~ Bhoodan Yagna (Amendment) Act, 19 4 (Tamil Nadu Act 36 of 1964). ⁱ

9 These wcids were substituted foi'the words "may apply to tlk Tahsildar or the Deputy Tahslldar9 m3 independent cbls-, as the case may be, having \unsdictlCn for PO~~ession a"d,the Tahslldar O r . the Deputy Tahsitdar, may9* by sect$n 5 of the Tamil Nadu Bhoo@q yagna (Amendment) Act, 1964 (Tamil Nadu Act 36 of 196414 ' ' '

16

17

(,j if the t a d !..-e zlready been graoted ro any ' ":

;-' -- - - 7 - 9 3 .- . i.c'2ic yg- tke - m e 32d

* - - - - - - - "* ---" '=Fq-z - - - - - = a-L -=< -:--- L. - - I-* LA &*A - - C _- , , -.7-4 , -- -c-.L. - - v -*- .e -- z* -.; - - - ----- - - - -., ,&32zZz - L A - - - . * - - - 3 -- -- - - - - - - ", ;3-= - -

-% Lrwr L?- -..-- - - - A L % - b L "- *\ If -.--\- i , +

+?

(g) such other particulars as may be przscribed. 6 -

$ .

k

(2) Every list prcpared under sub-section (1) shall be published i,n the For0tSt. George Gazette.*

(3) Upon such publication, thc provisions of sub. sections (2) to (8) of section 17 shall apply in respect of land desrribed in the lisr publish& under s~:l.-sccri~v? ( 2 ) as if such publication \*;t'rz a declaration in rcspzct 01' th:lt

land filed under sub-seciion (3) of section 16 :

Provided that whzre an order is nnde by tll,: l[lnqlliry

- Officer] under sub-section (4) of section 17 collfin.ling the donation, such donation shall be deemd to hate been accepted with effect from the date on which the donation was made and for this purpose, this Act shall be deemed to have been in force on such date.

(4) Where such lancL has been granted to any person

it shall, with effect from the date of grant, be deemed further - to have been granted to the grantee under and in accor-

. . I , ( dance with I the provisions of I section 19.

6

*

2i. The State-Board shall have its own fund and may ⁷. . ,.. 'accept grants, donations, gifts or loans from .:he Central Government or the State Government or any local authority : or person for all or any of the purposes of the State Board.

3 2

U ,-

I , ' . I ;,

i( k . . . 22. All property, moneys, funds and all other asset .received by or. vesting in the State Board. shall be he1d:and k $, . applied by it . s#ject . . . to the QrovisionS I - ? I * . <; " . and for the purpose , i*. of thisc;Act, " ; - a * , . 1 1 k"P. . . . . L , . . . . i

. C &w -

Ul .

iThese words were subst itl!te&for the words . " Tahsi ldar or the . 2:' rg.. 8

+ Deputy Tahsildaf-'L by section 7 c f the Tamil ,Ndu Blloc dan Yagna . @^{'(~~~~d'~ent)} Act ,, 1964 (^~nmilNadu- Act 36. of 1964). + * ~ d w the Tamil 'Nadu Government ' Gaittte. ' . . f& ,. -I , .

%:3: ,

g ' . ' 125-3-55~

*7; ~

4, a

18

19

26. (1) The ~vrvodaia Panchayat shall have possession ~ a n ~ n m e p t

nd manage all the Grarndan lands vested in it.. of Gramc an lands. \Y/ * LA- ---- -

(a) to arrange for the mitivation of all lands vested in it either hv i f ~ e l f or bv distributing them among A* the -- ,

[ f l f b y u k i r l l l " w - - ----

- . - ,. ,., m snnpr it dGmS fit ; AL'"b"'- -- - (,) to set apart lands for growing trees, raising its and vegetables or for any other purpose which is

r the good of the community specified in this ehalf by the State Board from time to time ;

( d l to 111aw . . *amilieu the Grr ---an- -11 .ted for

. ..

W J rrv--- - -

LCJLu,,~LbV ~f the Gramdan village concerned wnerner or severally ;

/L\ +- ~ : ~ + ~ i h , ~ ~ ~ the oroduce of the lands an-long the

I

b .

) -,\ A - -#,lrq advances in kind or cash to the t

Inluallv ,!lage to whom lands are distribu - cultlvatton and recover those advances ; i -

( 1 to carry out land improvements ; ( f ) to buy and instal any machinery for improving cultivation ;

to provide, maintain and augment irrigation sources and facilities ;

(ti) to &Idortake reclamation of v ~ a ~ t e lands :

( j ) to carry out soil coi~srrvation lll'asurcs; and ( j ) ^toundertake and carry out all

2.. ,., ., oricultural productiort, i nthi s section.

-

20

21

i958: T*N. Act XV] Brtoodan yagnd 871 - i -1

28. (1) The Gsvc:. 11rn.r t mav. .I[ - * * * I, make Power to $ rules to carry cut the purposes ofihis Act. make rules.

(2) In particular and without prcjudicc to the

gencratity of the foxcgoing provisiot?, such ~ ~ u l e s may

p1ol:'de fbr-

(a) all matter:; expressly rqqnired o

this Act td be prescri tied ;^{'. .}

(b) the matters jto be , , , taken into account in gmnt i ng lands 'to land lcss poor persons, 2[co-operative societies or ,brvodayn Panchayats ] ; , .

(c) tlle form of declaration and the which it shall be filed and the documents to be with the declaration ;

(d) the nature, scope and manner of enquiry, hearj ng and disposal of objections and confirmation ot supersession of the declaration under section 17 ;

(e) the service of notices under this Act ;

(f) the payment of tr afrelling and other allowances to t he 'Chairmanand members of the State Board and Local. Committees ; ,

(g) the procedure to be followe Board i n respect of financial matters gener the manner i n which, and the restrict ions an subject to which, expenditure should be incurred by it

(h) the form i n which the accounts of the St Board shall be kept, the audit and public accounts and the charges, if any, to be made for such audit ; ( i) the preparatioll of an annual budget and the re~~r tsandre turns to be furnished by it to the Government.

I

a[(3) All rules made under this Act shall be published^I

in the *Fort St. George Gazette, and unless they are¹ expressed to come into force on a particular day, shall come into force on the day on whi c11 they arc - so publi shed. iThe words by notification " were omit t su by sect ion lo(!) of the Tamil Nad~i Bhoodan Yagna (Amet ~dment ) Act, 1964 Varnll -

Nadu Act 36 of 1964).

2These words were added by section lO( i i ) of the Tamil Nadu Bhoodan Yagna (Amendment) Act, 1964 (Tamil Nadu Act 36 of

1 964).

3These sub-sect ion5 werc subst it ut ed for t h{ original -+1b-sectiou (3)by sect ion 10(iii) oft he Tamil Nadu Bhoodan Yagna (Ameniment)

. Act, 1964 (Tamil Nadu Act 36 of 1964).

*

*Now the Tamil Nadrr Government Gazette.

22

23

378 Bhoodan Yugnu (Amendment) [I964 : T.N. Act 36 '[TAMIL NADU] ACT No. 36 OF 1964

THE '[TAMIL NADU] BHOODAN YAGNA

(AMENDMENT) ACT, 1 964.

[Received the assent of the President on the 12th Novembe-

1164, fir,~t published in the Fort S t , George Gazett on the 25th November 1964 (Agrahyana 4, 1886).] I

An Act to amend the l[Tamil Nadu] Bhoodan Yagna Act,

1958.

BE it cnil~ted by tho Legislature of the 3[State of Tamil Nadu] in thc Fifteenth Year of the Republic of India as follows :-

Short title. 1. This Act may be callcd the l[Tamil Nadu] Bhooda Yagna (Amendment) Act, 1964.

2-10. (Tlte amendments made by these sections have incorporated in the principal Act, natncly, Tamil Act XV of 1958).

Validat ion of 11. Not ivithsi anding anything containc d in any judg- donation and

grant of land. ment, decree or order of any court, no donation of any land for the Bhoodan Yagna or for Gramdan 2nd no gr of any such land made or deemed to haw k e n made

the principal Act, as in force immediately before

cornlncncement of this Act, shall bz deemed to bc inva on the ground only that the donation or the grant of land aforesaid was not made in accordance with any law

--- -- - - - -- - - --- - -- --

I These word:, were substituted for the word " Madras ' ' b y the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Or ti

1969.

a For Statement of Objects and Reasons, see Fort St. George Gazette Extraordinary, dated the 17th March 1964, Part N- Section 3, pages 30-51. 8

8 This expression was substituted for the expression " State of Madras " by the Tarnil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation ol' Laws (Second Amend- ment) Order, 1969.

24

25

Bhoodan Yugnu (Amendment) 11964 : T.N. Act 36

the State Board to appear in person or by agent at the registration office in any proceeding conneoted with such registration :

Provided also that notwith~tanding anything contained in section 11 or sub-section (5) of section 17 of the principal Act, as in forcc iminediately before the commencement of

fhis Act, the right, title and interest of the donor in such land shall stand transferred ro and vcst ~n the State Board or the Sarvodaya Pancl~ayat, as the cast. may be, only on registration of the copy of th9 order under the first proviso. Explanation.-For the removal of doubts, it is hereby declared that if in any case the declaration or grant of any land donated o nder the principal Act has been registered under the Indian Registration Act, 1908 (Central Act XVI

of 1908), before the commencement of this Aot, the copy of the order confirming the declaration in respect of 8uch land under sub-section (4) of section 17 of the prinoipal Act shall not be deemed to require registration under this section.

26

GAZETTE EXTRAORDINARY 1 07 -- --7 - ---------

The follo~t-ing Act of the Tamil Kntln Legislative Asscmbly received the n w n t of the C;o~t rnoi*-nn the 12th June 193'2 n n ~ l i u 1xrel)y pnblis1:hecl for gcnewl infnnnation :-

ACT KO. 2.5 OF 1992.

-4w i t c t firrtl~er to onlend the Tnntil .ATocZ?r Zhoodn?t Yagno Act, 1958.

RE it enacted by the Legislative Assembly of the State of Tamil Ndu in the

Fw?y.third Year of the Repal~lic of India as follows :-

I. (1) This Act may be called the Tamil Nndu Bhooclan I-ayna (Ameqd- Sborttitleand

merit), Ad , 3 992. ~mmenccrneat.

. (2) It shall come into force a t once.

2. In scction 4 of the Tamil Nadu Bhoodan Yagna Act, 1958 (hereina4ber Amendmentof t o f 1958. refenrd to n* the principal Act), in sub-section (I), the words " in conwl*a- M o n 4 . tion with Sliri Acharyn Vinobha Bhave or a person nominated by him in writtng in this behalf " shall be omitted.

3. In section 10 o f thc princip;ll Act, in snll-secti ,n (I), the words " in Amendmeatof

annm~ltatiml with Sllri Achn1a.a Vinobha Dhave shall be omitted. *tion SO. 1

(By order o l the Governor) AID. 'ISMAIT,,

. .- . s -. 8ecretaty to Guc.ernntent, Lanu 1)epartnzent. i A Group) IV-2 EX. (355)-4a -

27

The following Act o f t h e l am11 Nadu I , eg~ \ l a t~ve Aswmbly I ceived the assent of the Ciovernor on the 3111 Decembe~ 2000 and IS hcieby pu I~shed Sol g e n e ~ a l ~ n f o r m a t ~ o n : - ' i

I

A("I' No. 37 OF 2000.

131 ~t enactcd by tile L e g ~ s l a t ~ v c Assenlbly o f thc Stalc of I am11 hadit ~n the F ~ f i y - f ~ r s t year of the Repub l~c of I n d ~ a as follows:-

I^{1. (1) Th~s}Act may be called the l^-a~i~~lNatlu Bl~oodan \I 'lgn'l (Amendment) Act. <^{~l~tt IIIIC} an'I 2000. cot~i tncncc- nicnt

( 2 ) It shall come Into f o ~ c e on such date as the State (iuvernment may. by no t~ f i ca t~on , appolnt.

Qi..? \ J C I L I Z L ~ 2 In sectlon 2 of the I 'am~l Nadu I3hoodan Yagna Act, 1958 ( h c ~ e ~ n a f t e r referred A m c n d n l e n t of

1% J i to a5 the prlnclpal Act), In clause ( f ) , for the expression "three hundred rupees", the 5CL't0t1 * expression "such sum not exceeding twenty-five thousand rupees, as may be prescr~bed"

shall be subst~tuted.

1 3. Aftcr section 17 of the ~^r~nci~alAct. the followinr section shall be inserted. insertion o f n e w

sectron 17-

A

I

"17-A. Pcr . r t~ i~s ior~ to c~rchnngr the rlor~rrtctl lcrnd -Notw~ths tand~ng anything contained In t h ~ s Act, the Government may, ~f the circumstances so warrant, permlt the exchange of the land already donated to, and vested In, the State Board, w ~ t h a n alternate land, by the donor or h ~ s legal heirs, as the case may be, in such manner as may be prescribed, subject to the fo l low~ng cond~tions, namely:--

(a) the alternate land shall be of equivalent value; (b ) there shall be no encumbrance on the alternate land;

(c) the donor or his legal heirs shall be competent to transfer such alternate land;

(d) there shal! not be any arrear o f land revenue or tax or any amount due to the Government or other authority; ..

i ^(e)the land already donated had not been assigned to any person or authority under t h ~ s Act.".

28

K. PARTHASARATHY,

Secretc:~?; to Govrrrimrnt,

Lrrut D ~ p ( : r t ~ ) l ~ > ~ t .

* 132 'TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY ( 2 ) after sub-section ( 2 ) , the fo l low~ng sub-sectlon shall be added. namely:-

withstanding anyth~ng contained In thls sectiou, the Government ~endatlon o f the State B o a ~ d , grant any land vested In that Board, foi any public purpose, sublect to such c o n d ~ t ~ o n s a\ they, clouble the market value of such land "

(By order of the Gokernor)

29