The Punjab Bhudan Yagna Act, 1955

1956 i Pb. Act XLV] BHUDAN YAGNA THE PUNJAB BHUDAN YAGNA ACT, 1955 TABLE OF CONTENTS h Sections. b 2 24 . Donation of land CHAPTER I—Preliminary Short title, extent and commencement., Definitions. CHAPTER IT—Establishment of the Board Incorporation of Bhudan Yagna Board. Constitution of Board. Term of office of members or Chairman. Filling of vacancy. validity of proceedings. Appointment of offioers and servants. Conditions of service of officers and servants, Conduct of business. Quorum. Board’s funds. Applioation of funds. Power to make oontraat. Dissolution of the Board. Tahsil Committees. CHAPTER III—Donation of land Procedure for making Jonation of land. Order ot Revenue Officers subject of civil suit. Gifts to be irrevooable.. Land vesting in Board not at prior to oommenoe tachsble. ment of Act. Lands which cannot be donated. CHAPTER 1v—Distribut Power of Board to allot land. o5 to distribute land. jon of land Tahsil Committe 921’ - 428 BHUDAN YAGNA (1956 : py, Act Ly. Sections 25. Bhudan holders : Conditions of allotmeny, 26. Bjeotment of Bhudan holder on breach of oonditions, 27. Land held by Bhudan holder not liable to attag CHAPTER V—Miscellaneong 28. Exemption from stamp d}lty and registration, hmen 29. Ejectment of persons unlawful in Possession, 30. Partition of holdings, 31 Procedure. 33. Construction of references, 34. Powers of .Board to allot land for Community nurposes, 35. Regulations. 36. Act not to apply to evacuee property. 37. Power to make rules. - 1086 : Pb. Act XLV] BHUDAN YAGNA 429 \THE PUNJAB BHUDAN YAGNA, ACT, 1955, Punjab Act No. 45 of 1956. the assent of the President on the 29th October, cccived . ; [R d was first published in Punjab Govern- 1956, an 4 ment Gazette (Extraordinary) of 31st October, 1956.] ‘.——, e e 1|2 ] 3 4 [ - ' ] - [ Na. Short title Whether repealed or otherwiseaffic.- ed by legislation 1955 I 45 , The Punjab Bhudan Yag- Extended to the terroitr'es which i immediately before the Ist November, i ! na Act, 1955 1956, were comprised in the State of | Patiala and East Punjab States Union and amended in part by Punjab Act 23 Il of 19574, ! ACT to facilitate activities in connection with the Bhudan Yagna initiated by Shri Acharya vinoba Bhave, to provide for the constitution of a Blhudan . Yagna Board, the donation of lands to the said Board, the distribution of lands received in donation 1o landless persons as also their utilisation for com- muniry ~purposes ; and for purposes connected with the matters aforesqid. Beit enacled by the Legislature of the State of Punjab in the Seventh Year of the Republic of India as follows :— CHAPTER [—PRELIMINARY ¢ called the Punjab Bhudan Biare 1l Sk ment. 1. () This_ Act may b Yapna' Act, 1955.. __ ——--- iFor Statement of Objects and Reasons, (Extraordinary), 1955, page 138. : : “For Statament of 'Oll’)jgcls and Reasons, see Punjab Government Gazelle ordinary, 1957, page 391. (Extra- 430 BHuDAN YAGNA Poby, (2) 1t extends (o the whole of ) n shall cone 10 foree Al ongg. 2. 1Ip this Act, unlegg in the subjoct Defiitions there is ar "Wihing Or context,. Ything en"fln:«n, (@) “Bhudan holder mean perso " village Papers or recor, “Tightg ag 4 grdeg in holder under Section 25 Bhug Q) Bhudan vy, agna” meays the m, ed by Shri Achary, Vinob, ayme Quisition of lands” ¢ 0 favour of the Board : (¢) “Board" tablised (d)“Communitypu 0Se”” meaps A0y burpose 1. is for the fOOd l-gt'the Commupj et in generg 3 hi 'Y of the iyt means the Bhudap Yagn, B under secliop 3; 08 ¢ (f) “landless person’ means g Person holgj or land Jesg than the area which cribed jp this behalf s Dg no land may be pres. Revenue > 45 the State Governmen notificatio i may, by D, appoint (o discharge (he fupc 1ons of Revenye Officerunderlhau\c( : (h) “prescribeg’ Means prescripeg by rules made under (hjg Act, CHAPTER “~Establinhmenl of the Board hudey ynel 3 ) There shay) pe $Stablished a Boara by the sard. Dame of (he Punjap Bhuda n Yagna Board. (2) The Board shal] be a body corporate having N r fgsg: Pb. Act XLVI BHUDAN YAGNA 431 3) It shall be (he duty of the Board (o administer all g vested init for the benefit of the Bhudan Yagna in Jan sdancc with the provisions of this Act and the rules cor :fadc {hereunder. 4 (1) The Board shall consist of the following, C;:;r*‘i]""“v" of namely i (a) the Chairman—to be nominated by Shri Acharya Vinobha Bhave ; and (b) six or more, but not exceeding ten members to be nominated by Shri Acharya Vinoba Bhave. (2) One of the members shall be appointed as the Secretary of the Board by Shri Acharya Vinoba Bhave. (3) Th: Board may delegate any of its powers and functions under the Act except the power to make regula- tions under section 34 of the Secretary or any member or (o a sub-committee of three or more of its members. 5. (I) A Chairman, Secretary or member nominated Term ¢ fibgfi% under section 4 shall hold office for a term of four years 9 chairman. and shall be eligible for re-nomination. (2) The nomination of Chairman, Secrefary and the members shall be notified in the Gazelte and the term of office shall commence from such date as may be notified in this behalf : Provided that the Board may remove from office any of its members who, in its opinion, has failed to perform or is unable fo carry out his duties or has so abused his position as a member of the Board as (o render his conti- nuance as such defrimental to the interest of the public or the Bhudan Yagna. 6. (I) The Chairman, Secretary or any member of Filling the Board may, at any time, resign his office by submitting " of 40 BHUDAN YaGNa (1956 ( Xl g : . v is resignation 1o Shri Acharya _Vl.nqbu Bhg,, ,l-lcl:ign:ugion shall take effect until j( jg "Cccplza 0 Sug, 2) Any vacancy of g Chairmap Secre(g, ber s(hgll be filled as’early g5 praclléable. Yorg Me,, Sdity of 7. Anything dope or agn Proceedip, a wi&? " this Act, shall not be quesllonedy On accoyp of 1hei?(is‘:ndcr of any vacancy in {he Board or any defect o i enge A ! Te 1n the nomination of (pe Chairmap, Secrelars. o an%u]l;lnéuy ber of the Board. m. Appointaent of 8. The Board May appoint syo Officers 5, T e U 1t considers 116CeSsary for the efper nt o Ser. . mance of its functiops, Conduct of pyg;. 10. The B e, tim2, make suc] time, Notice, managemen and adj ings as it thinks fit, subjecy (o the followmg Provisions namely.— () all questions alany meeling shall be decided b'v(fil jori members presen and, in cflslt'lll £quality of yo(es, (e person presiding s nd Ave and exercigg second or casling vofe ; : . (ing (d) the minutes of tpe proceedings of each meei g shall e fecorded in a book (o be provided o the purpose, Quorum, ¢ 11, (1) The quorum for {he meeling shall be of fiv mempers, V 1956: Db, Act XLV] BUHUDAN Y AGNA 433 (2) I at any meoling of the Board a quorum is not sresent, the Chairman shall adjourn the meeting to such other date as he may think fit, and the business, which would have been brought before (he original meeting, if’ there had been a quorum present, shall be brought pefore, and transacted at, the adjourn meeting, whether {here is a quorum present thereat or not. 12. The Board shall have its own ‘fund and may Board's funds. accep! grants, donations, gifts or loans from the Central or the State Governments or any local authority or any individual or body of persons, whether incerporated or not, oral' or any of the purposes of this Act. 13. All property, fund and other assets vesting in Apglication of {he Board shall be held and applied by it in accordance with the provisions of this Act and the Rules made there- under- ; 14. The'Board may enter into and perform all such Power to make contracls as it may consider necessary or expedient for contrget: carrying out any of the purposes of this Act. - lfl.m(l) If at any time the State Goveinment is satis- Dissolaion of e Al (a) the Board has failed with-ut reasonable cause or excuse to discharge duties or to perform functions imyosed or assigned by or under this Act, (b) circumstances have so arisen that the Board is rendered unable or may be rendered unable to disclarge duties or to perform functions impos- ed or assigned by or under this Act, or () it is otherwise expedient or necessary (0 dissolve the Board, it may by notification in the official Gazette— (i) dissolve {he Board for the period fo be specified § (ii) direct the reconstitution of the Board in accor- dance wilh the provisions of section 4 of this Act ; and ' 1D Tahsil Committees . 434 BHUDAN YaGNnA [1956 Ly, lare that the duties, Powers | L frofiw Board under thjs Act shay) r:,"" fi for which it hag been dissolyeq exercised and performeg by P authority and subjec 10 sucp rcsln.cffin,, . may be specified thereip, (2) The State Governmeny may make Such i, and conscquentija] Provisions ag may appear (0 by ncn"” sary for this purpose, considers necessary so (o do, co tees consisting of poy less than (hree and po, More thy seven members (o pe appointed by the Boarq. n 17 Y person OWwning , {ransferap)e inleres In land apd’ g siring (o ake a &ift thereof (0 the Bogyg May submi 4 declaraiop making {he offer in (pe pres- cribed forp, 10 the Board, (2) The Board shall, if j¢ considers the 8ift accepable, tion (o : € Revenuye O_fficer having Jurisdictjop in the Tahsil Where (he land is sifuate. seclion Revenye Officer shall, jr satisfied, alter such €Nquiry a5 po thinks necessary, that (he doan d” Compelen( (g make the 8ifl and hyg valid title in lht“"{"l J issue » notice jp (}e Prescribed forp (o such person as 1; May congider interesied ip the Proper.y calling ,‘,‘p:;e them, before g ale specified j, the notice, (o show cat Why (he gifl should no¢ be accepled, ) The Revenye Officer spay) also affix a copy °rrd‘ l:; nolice referreq to in Sub-section (3) oy the nollce-b(zj" of is Courf gapq shall cayge j¢ 10 be published by bea Tum in (pe village where the land is si(yq(e, 1956 : Pb. Act XLV] BHUDAN YAGNA 435 5) Any person inferested in (he properly ma forc the date specified in the notice, ]Iilcl zmy SL}’c'a.b(fn pefore the Revenue Officer showing cause why (he gift should not be accepted. (6) All such objections shall b i i decided by the Revenue Officer. M el (7) If no_objection is filed before (he speci or if all the objections filed have been rejecle%e‘i;getig?{(gl venue Officer, he shall pass an order accepting the gift on n pehalf of the Board. (8) On the acceptance of the gift, all title and interest of the donor in the land shall be extinguished anI:i (;fia T;isci shall, subject to the provisions of section 18, vest in the Board in the same rights in which it was held by the donor. (9) The Revenue Officer may at any stage of the pro- ceeding reject the offer of the donor on any gf the f oll%w- ing grounds, namely:— (i) that the donor is incompetent to make the gift ; (i) that the title of the donor is defective ; (#ii) that there are encumbrances on the land ; (#v) such other grounds as may be prescribed. 18. The order of the Revenue Officer, rejecting an Orderof Revenue Officers subject of objection passed under sub-section (7) of section 17, shall “gigiy sy not be subject to appeal or revision bul any party aggriev- ed by the order orany other person interesied in the land who had no notice of the proceedings under section 17 may, within six months from the date of such order, insti- tute a suil in the Civil Court having jurisdiclion to have the order set aside and the decision of such Court shall be binding on the Board, and subject 1o the result of such suit, if any, the order of the Revenue Officer shall be conclusive. 19. Every gift of land in respect of which an order Gifts tobe has been passed under section 17 shall, after the date of 'Y the order, be irrevocable. 436 BHUDAN YAGNA [1956 . Ph, i ixeept for any dectee pusseq Uhide E ting in 20. Lxeept [ " C ' det yo. o the lands vesting in the Board shall no( 1y, liaple ('ion chable. ment or sale in execution of any decree oo org, e iy by a Civil Court against the Board, er k. fon ofland 21. (4) (/) Where any land has "2:‘:"":.?”‘:'*:'Lpurposcs c(srthc Bhudan Yagna prior (g com,o"‘"Cd f ment of Act of this Act, the Boargl shall prepare g i "C'nce r lands showing therein — (@) the area and description ; (?) the name of the donor; (o) llhe gature of the interest of the donor and ; (¢) the date of the 8rant under clayge (d) ; and (f) such other Particulars g may be prescribeq. (#)] The list so prepared shal] pe forwarded (o (he De- puty Con;mlS_sioner of . he district Wwithin whose Jurisdiction the land js Situate. (4) The Provisions of sectjons 17 (0 20 and 21(b) s hall apply in respec; of all the donatiops of the said lands as t cy app]y in Tespect of all donalions of lands made a‘ter the Commencemen( of this Act: Provided 1haf where an order is made by a le"fie- Officer under sub-section (7) of section 17, the gift shal : €eémed (o have been accepted with effect from the dkl!C Oslc Which the donation of land was made and for this pulPOvh Lh]ts Act shall pe deemed (o have been in force on Su ate, 1956 pb. Act XLV) BHUDAN YAGNA 437 If any land of which the donation is so received be- fore (he cOmmcncc_mcnl of this Act has already been grant- orm any person in pursuance of the Bhudan Yagna, it °]da“ pe deemed to have been granted by the Board fo sh j person on the date on which such person takes pos- such p' thereof and the grant shall be subject to all liabili- n : f?es:l?o which any grant made by the Board in general, shall be subject. Notwithstanding the provision of any law to the contrary, a tenant holding land directly from the State Government shall, for the purposes of this Chapter, be deemed to be owning a transferable interest in such land. 22. (1) Notwithstanding anything contained in any law an owner shall not, for purposes of this Act, be com- petent to donate— (a) land recorded or by usage freated as pasture, cremation or burial ground, tank, pathway, or thrashing floor ; and ) s’uch other land as the State Government may by nofification in the Gazelte specify. (2) The holder of a life-estate shall be competent to donate only his life interest therein. CHAPTER IV—DISTRIBUTION OF LAND 23. Notwithstanding anything provided in any law to the contrary— (i) the Board shall have power to allot the land vest- ing in it; and (i) the allottee shall not have and shall not be entitl- ed to claim any rights except as provided for in this Act. 24. The Tahsil Committee shall, in accordance with such regulations as may be made by the Board in this be- half, distribute the land vesting in_the Board to landless persons who are capable of cultivating the same personal- ly. 25. The person to whom land is allotted under section 23 or 24 shall be recorded in village papers or record-of- Lands which cannot be donated. Power of, Board to allot land. Tahsil Committees to distribute land. Bhudan holders ; Conditions of allotment, Land e Sody 27 Subject t Bhudan holgs . Subjec :'fiim;x}::{‘_o o the land held by aperson as a B Exemption from stamp duty gng 28, The acce; registration, N ), Act X Ly i s a Bhudan holder and shul_l.hold the lapg ey :‘:’811(‘30“7‘:"0\\4“[; terms and_ conditions, Namely :il)’m” he shall be deemed to hold the lang diregyy (@) the Board and shall be liable 1 pay Z rlfnm revenue that may have been or may a be a5ge,d . 488egy, on such land H ¢ 438 BUUDAN YAGNA [1956 . (b) his rights shall, on his death, Pass to pg hei, (¢) he shall not transfer any interest i, the Japg he shall not allow the lang to lie falqy, f W period in excess of two years; org (¢) he shall pay the land Tevenue on the qy date. () If a co-operative farmi_ug society s form [(f)in the village, he shall if so requiry i ed by the Revenue Officer become & member of b, co-operative farming society and abide by its by-laws and regulations.] ts a breach of any of evenue Officer may CHAPTER V—MISCELLANEOUS ] tance of a gift under section 17 or grant of lang madepor deemed to be made under mf p;fl\\'lc sions of thig Act, shall be and be deemed always ~gd ‘(I') been exempt from (a) payment of stamp dutyl’ (‘:n i Tegistration o attestation under the law rc].d E, the Tegistration ang execution of documents, any law contrary notwithstanding, 1Added by Punjab A No, 23 of 1957, 1956: Pb. Act XLV] BHUDAN YAGNA 439 29. Any person in possession of Ejectment of per- of the order passed undcpr scction 17 z:lr:fl l:rl:;i 33;«?: (\]vl:; ;%‘:2::’«3‘.:‘“”" takes possession; otherwise than in accordance with law ' of the land received in donation for purposes of the Bhudan Yagna may, on application to a Revenue Officer by the Board or the Bhudan holder concerned, be ejected. 30. (Z) If the land gifted to the Board Bariiticn of Holds of a holding, the Board or the Bhudan go]di?r?:nge}::fl, e may apply to a Revenue Officer for possession and the Revenue Officer may notwithstanding any provision in any law to the contrary, partition the holding and demar- cate the land and apportion the rent or the %and revenue, as the case may be. ) (2) If there are any arrears of rent or revenue as the case may be, on the holding partitioned under sub-section (1) the Revenue Officer shall determine the portion of the arear due on the part of the holding gifted to the Board and thereupon the Board and the Bhudan holder shall be liable to pay the portion of the arrears so determined and notwithstanding anything contained in the Punjab Land Revenue Act, 1887, the Board or the Bhudan holder shall not be liable for the arrears in respect of the remain- ing part of the holding. 31. The proceedings under this Act shall be deemed Procedure. der the Punjab Land for all purposes to be proceedings un 87, and the procedure applicable to pro- Revenue Act, 18 ceedings under the said Act shall be followed. 32. If no Tahsil Committee has been formed for any Board's pover i Tahsil the functions of a Tahsil Committee under this Act Committec. shall be performed by the Board. noba Construction of references. 33. After the life time of Shri Acharya Vi Bhave or at any time when he is unable (o perform the Act owing to infir- functions entrusted to him under this A i he functions assigned to him shall mity or any other cause the be performed by the Akhil Bharat Sarva Sewa Sangh, Wardha, and all references (0 Shri Acharya Vinoba Bhave in this Act shall be construed as references to the said Sangh. ' b 440 BHUDAN YAGNA (1954 L Py 34. The Board may nLIM any lang VeSting . . awers of Board < . se or exchanpe any g and Nt ‘oot ind oy COmMUNLY PUrpose ¢ EEany sueh Japg with 0" 4 community P Japd Poses, 38, The Board may, from time (g lime, " previovs sanclion.oflh.c State Govcrnmcnl. Make h the tions consistent with this Act and any rules made“m.. under :— there. Regulagions (a) for regulating its procedure ang the djs its business ; POl ¢ (b) for the remuneration and conditiops Of s of its employees ; SeTvie of such committees and removal of office. bearers and members thereof : () for the appointment of the sub-committees and for the delegation of OWErs to sub-committees a?d office-bearers an individual members there- ol ; (f) for any other mager arising out of Board’s func- ton under this Ac( for Which it is necessary or expedient to make regulations, Acnoiioapoy, 36, Nothing in this Ac( spgi1 apply to evacuee pro- Pery. " PIo- perty g defined “in the Administratioy, Lf Evacuee Pro- Perty Act, 1950 (XXXI of 1950). Power o mage 37, (1) The Stare Government may, b( notification 2 o v " 0d subject to the condifjon of previous publication, make Tules 1o carry oyt the purposes of this Act. 1956 : Pb. Act XLV] BHUDAN YAGNA 441 2) In particular, and without prejudice to the . lar, enc- rality of the foregoing power, the State Governmcntgmay make rules,— (a) prescribing the area of land for purposes of clause (f) of section 2 ; (b) prescribing the form declaration under sub- section (Z) of section 17 for submitting a declaration to make a gift of land ; form of notice under sub-section 17 calling upon persons to show (c) prescribing the ft of Jand should not be accept- (3) of section cause why a gi ed; (d) stating other grounds section (9) of section fo make a gift; and r particulars under clause (f) ¢) prescribing othe @ pof sub-section (/) of section 21. under item (iv) of sub- 17 for rejecting the offer