The ASSAM BHOODAN ACT, 1965 (SINGLE DOCUMENT)
# ASSAM ACT XXIII OF 1966



# [Received the assent of the President on the 12th August 1966]


# THE ASSAM BHOODAN ACT, 1965


**Preamble.**

**Short title,**
**extent and**
**commence-**
**ment.**


# An

 Act

_to facilitate donation and settlement of Lands in connection with the Bhoodan_
_Jajna movement initiated by Acharya Vinoba Bhaue._

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:

(3) It shall come into force at once.


1.


(1) This Act may be called the Assam Bhoodan Act, 1965.


(2) It extends to the whole of the State of Assam .


**Definition.** **2.** 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;


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(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.

(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 ;


**Donation of**
**land by way of**
**Bhoodan.**


3.


(b) lands which are encumbered ;


(c) land in which the interest of the owner is limited to his lifetime;


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(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.

(1) Where any land has been donated by way of Bhoodan prior to the

commencement of this Act, the Deputy Commissioner shall prepare a
list of all such lands other than land to which the provisions of subsection (2)of section 3 apply, showing therein 
(a) the area, (b ) dag number, (c) location, (d ) name and address of
the donor, (e) date of donation, (f) the nature of the interest of the
donor in the land, (g) land revenue, (h ) local rate, (i) class of land, (j)
if the land has been granted to any person by any organisation
authorised in this behalf in pursuance of the Bhoodan Jajna, the name
and address of the person to whom the land has been granted, (k) the
date of the grant under sub-clause (j), and (1) such other particulars as
may be prescribed.

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**Donation of**
**land by way of**
**Bhoodan prior**
**to the**
**commencement**
**of the Act.**


4.


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(2) The list so prepared shall be published in the manner prescribed.


(3) Upon the publication of the list under sub-section (2) and not

withstanding anything to the contrary in any law for the time being in
force,

(a) the right, title and interest of the donor in such land shall with

effect from the date of donation be deemed to have been
extinguished and the land to have vested in the Bhoodan Board as
if a Bhoodan declaration has been duly made and confirmed in
respect thereto, under and in accordance with section 3;

(b) where such land has in pursuance of the Bhoodan Jajna has been

granted to any person it shall with effect from the date of grant
deemed further to have been granted to the grantee under and in
accordance with the provisions of sub-section (1) of section 7.

Notwithstanding anything to the contrary contained in any other law for the
time being in force, with effect from the date of confirmation of the
declaration, all rights, title and interest of persons whose declarations have
been confirmed under sub-section (4) of section 3 in or over the lands covered
by such declarations, shall cease and shall stand transferred to and vest in the
Bhoodan Board .


**Effects of**
**declaration of**
**lands as**
**Bhoodan lands.**

**Establishment,**
**incorporation**
**and**
**constitution of**
**the State**
**Bhoodan**
**Board.**


5.


6. (1) As soon as may be after the commencement of this Act, there shall be

established by the State Government, by notification in the official
Gazette, a Board to be called the "Bhoodan Board " for purposes of
carrying out the provisions of this Act.

(2) The Bhoodan Board shall be a body corporate with perpetual succession

and a common seal and shall have power to accept, regularise and
distribute lands received as Bhoodan .


(3) The Bhoodan Board shall consist of the following members, namely ;

(a) **_[1][ The chairman shall be nominated by the State Government._**

However, if the State Government feels it to be necessary, Sarva
Seva Sangha, Sevagram, Wardha, may be consulted.]


1. Subs. by Assam Act No. XIII of 2000


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(b) **_1[ The State Government shall have the following three_**

representatives :-,

(i) Commissioner and Secretary or Secretary to the

Government of Assam, Revenue Department.


(ii) Director of Land Records, Assam.

(iii) Director of Land Requisition, Acquisition and Reforms,

Assam.]


(c) one representative from the Assam Sarboday Mandal,


(d) one representative from the Akhil Bharat Sarba Seva Sangha to be

nominated by that body,


(e) one representative from the Assam Gram Swarajya Samittee,


(f) one representative from the Assam Gandhi Smarak Nidhi,


(g) one representative from the Assam Khadi and Village Industries

Board, and


(h) one representative from the Kasturba Gandhi Rastriya Smarak

Trust, Assam.

(4) The Chairman and Members of the Bhoodan Board shall hold office for

a term of three years from the date of publication of their name in the
official Gazette and shall be eligible for re-nomination.

(5) The Bhoodan Board shall hold its office at Gauhati but may hold its

meetings at any place it considers expedient for conveniently carrying
out its duties and functions.


(6) The Bhoodan Board shall appoint one of its Members as Secretary.


(7) The Bhoodan Board may delegate any of its powers and functions under

this Act except the power to make regulations under section 19 to the
Secretary or any Member or to a Sub-committee of three or more of its
Members.

(8) The State Government may, by order in the official Gazette, remove

from office, the Chairman or any Member of the Bhoodan Board who,
in the opinion of the State Government has failed to perform or is unable
to carry out his duties, or has abused his position as a Member of the
Bhoodan Board.


1. Subs. by Assam Act No. XIII of 2000.


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(9) Any vacancy of a Chairman or a Member caused by death, resignation,

removal or otherwise shall be filled up for the remaining period of the
term in the manner laid down in sub-section (3) of section 6.

(1) It shall be the duty of the Bhoodan Board to distribute lands vested in it

to the poor landless cultivators for the benefit and furtherance of the
Bhoodan Jajna, in the manner prescribed :

Provided that any town land vested in it may also be set apart for the

use of the Bhoodan Board or the Sub-divisional Bhoodan Committee.

(2) The Bhoodan Board shall for the purpose and furtherance of the

Bhoodan Jajna perform such other functions as may be necessary in
respect of such lands.

(3) Information of every case of distribution shall forthwith be sent by the

Bhoodan Board to the local Revenue Officer.


**Duties and**
**functions of the**
**Board.**

**Supersession or**
**Dissolution of**
**the board.**


7.


8. (1) If at any time, in the opinion of the State Government, the Bhoodan

Board
(a) is not competent to perform or persistently defaults in discharging

the duties or per-forming the functions assigned to it by this Act
without reasonable cause or excuse ; or


(b) exceeds or abuses the powers assigned to it under this Act ; or


(c) is not functioning in a manner consistent with the provisions of this

Act or the rules framed thereunder ; or

(d) circumstances have so arisen that the Bhoodan Board is rendered

unable to discharge duties or to perform functions assigned to it
under this Act ; or

(e) it is otherwise expedient or necessary to dissolve the Bhoodan

Board ;


the State Government may, by notification in the official Gazette
stating the reasons for its order
(i) dissolve or supersede the Bhoodan Board for such period not

exceeding one year at a time, provided that before any such
notification is issued, the Bhoodan Board shall be given a
reasonable opportunity of showing cause why the proposed
notification should not be issued,

(ii) direct the reconstitution of the Bhoodan Board in accordance with

the provisions of section 6 of this Act, and

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(iii) declare that all the powers and duties of the Bhoodan Board shall

during the period of dissolution or supersession and until the
Bhoodan Board is reconstituted be exercised and performed by
such person or persons or authority as the State Government may,
from time to time, appoint in this behalf.

(2) The State Government may make such incidental and consequential

provisions as may appear to be necessary for this purpose.


**Sub-divisional**
**Bhoodan**
**Committee.**

**Funds of the**
**Bhoodan**
**Board.**


9. (1) The Bhoodan Board may for any Sub-division constitute Sub-divisional

Bhoodan Committee consisting of not more than seven members who
shall be appointed by the Bhoodan Board from among the Bhoodan
workers who are resident in the area concerned . The appointment of
these members shall be subject to the approval of the Government and
shall be for a period of three years.

(2) The Bhoodan Board shall appoint one of the members of the Sub

10.


divisional Committee to be its Chairman who shall also act as its
Secretary.

(3) (a)  The Bhoodan Board may authorise any Sub-divisional Committee

constituted under sub-section (1) to exercise in the area within the
jurisdiction of such Sub-divisional Committee all or any of the
powers, duties or functions vested in the Board by this Act as may
be specified by general or special order and in like manner
withdraw such authority ;

(b) The exercise of any powers, duties or functions delegated under

sub-clause (a) shall be subject to control and revision of the
Bhoodan Board:

Provided that the dissolution or supersession of the Subdivisional Bhoodan Committees shall be subject to the approval
of the State Government.

(4) The provisions of section 8 shall apply mutatis mutandis in matters of

supersession or dissolution of the Sub-divisional Bhoodan Committees
also.

(1) The State Bhoodan Board shall have its own fund and may accept

grants, donations or gifts from the Central and the State Government or
any local authority or any individual or body of persons whether
incorporated or not, for all or any of the purposes of this Act.

(2) The moneys remitted in the Fund shall be received by the Chairman of

the Bhoodan Board or by the Secretary of the Bhoodan Board if he is
authorised by the Chairman in this behalf and all such money shall be
deposited by the recipient in : 
(i) the Assam Co-operative Apex Bank Limited, or

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(ii) a post office Savings Bank.


(3) All such deposits shall be made in the name of the Bhoodan Board. The

Chairman of the Bhoodan Board or the Secretary appointed by the
Chairman in this behalf, shall have the power to withdraw such
deposits or any part thereof and operate on the Bank accounts.

(4) No money shall be withdrawn from the Bank unless it is required for

immediate payment for the purposes of the Bhoodan Board.


The Bhoodan Board shall cause accounts to be kept of all moneys received
and expended by it and such accounts shall be audited every year by auditors
appointed by the State Board with the ' previous approval of the Government.

(1) Land which is donated by a person making a Bhoodan declaration

shall not, unless it is refused, be liable to attachment or sale in
execution of any decree or order passed by a Civil Court against the
donor of the Bhoodan Land .

(2) The provisions of the Assam Fixation of Ceiling on Land Holdings

Act, 1956 shall not apply in respect of lands donated by way of
Bhoodan.

(1) The person to whom any land is granted under sub-section (1) of section

7 shall have,
(a) Where the interest of the donor was that of a proprietor, land-holder

or settlement holder the status of a land-holder,


**Audit of the**
**Board's**
**accounts.**

**Exemption**
**from**
**attachment or**
**sale and from**
**the operation**
**of the Ceiling**
**Act.**

**Status of the**
**person to**
**whom the land**
**is granted and**
**the condition**
**on which the**
**land is held.**


11.

12.

13.


(b) Where the interest of the donor was that of a tenant having

permanent, heritable and transferable right, the status of an
occupancy rayat.

(2) The grantee shall hold the land subject to the following conditions,

namely:
(a) the grantee shall not be entitled to transfer or sublet the land or any

part thereof ;


Assam
Act I of
1957


(b) the grantee shall not allow the land to lie fallow for two

consecutive years without reasonable cause;

(c) a grantee under clause (a) shall pay to the State Government land

revenue and other dues, if any, on the land on due dates thereof;


(d) any other condition which may be prescribed by the State

Government in consultation with the Bhoodan Board.

(3) The name of the grantee shall in the prescribed manner be mutated

immediately after the information of distribution being received from

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the Bhoodan Board under sub-section (3) of section 7 and recorded in
the record-of-rights maintained by the Deputy Commissioner in the
Jamabandi or the rent-roll, as the case may be, mentioning the fact that
the land is Bhoodan land.

If the grantee commits a breach of any of the conditions mentioned in subsection (2) of section 13, the Revenue Officer may, after giving him an
opportunity of being heard and after such enquiry as he deems necessary,
terminate the grant and restore the land to the Bhoodan Board.

The State Government may, if it is satisfied that any land vesting in the
Bhoodan Board could not be granted to any person in any year, remit the
land revenue due thereon for that year.

The State Government, by notification in the official Gazette, may remit
(a) the Stamp duty with which, under any law for the time being in force,

any declaration of donation under section 3 or any instrument executed
by or on behalf of the Bhoodan Board is chargeable ;

(b) any fee payable by the Bhoodan Board or any owner who donates land

under section 3 under the law for the time-being in force.


**Consequences**
**of the breach of**
**conditions.**

**Power to remit**
**land revenue.**

**Power to**
**exempt from**
**Stamp duty,**
**etc.**

**Partition of**
**holding.**

**Power to make**
**rules.**


14.

15.

16.


17. If the land donated forms a part of a holding, the Bhoodan Board or the
grantee concerned may apply to the Revenue Officer for partition and the
Revenue Officer may, notwithstanding anything to the contrary in any law
for the time-being in force and after such enquiry as he deems necessary,
partition the holding and demarcate the land and apportion the revenue or the
rent, as the case may be.


18.


(1) The State Government may, by notification in the official Gazette, make

rules to carry out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing

powers, such rules may provide for

(a) the matters relating to the establishment and constitution of the

State Bhoodan Board and the Sub-divisional Bhoodan Committees,
nomination and appointment of Chairman or members thereto, as
the case may be ;

(b) incidental and consequential provisions to be followed on the

dissolution or supersession of the Bhoodan Board or Sub-divisional
Bhoodan Committee ;

(c) the form of declaration of Bhoodan ;


(d) the manner of publication of the Bhoodan declaration ;


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(e) the manner of realisation of the arrear revenue ;

(f) the manner of recording the name of the grantee in the record-of
rights or the rent-rolls under sub-section (3) of the section 13 ;


(g) the manner and mode of service of notices under this Act; and


(h) the matters which are to be and may be prescribed.


(3) Every rule made under this section shall be laid, as soon as may be after
it is made, before the Assam Legislative Assembly while it is in session
for a total period of fourteen days which may be comprised in one
session or in two successive sessions, and if, before the expiry of the
session in which it is so laid or the sessions immediately following the
Assam Legislative Assembly agree in making any modification in the
rule or the Assam Legislative Assembly agree that the rule should not be
made, the rule shall thereafter have effect only in such modified form or
be of no effect, as the case may be; so however, that any such
modification or annulment shall be without prejudice to the validity of
anything previously done under that rule.

**Power to make** 19. (1) The State Bhoodan Board may, with the previous sanction of the State
**regulations.** Government, make regulations not inconsistent with this Act or the rules

made thereunder to provide for all matters for which provision is
necessary for the purpose of giving effect to the provisions of this Act.

(2) In particular and without prejudice to the generality of the foregoing

power, such regulations may provide for

(a) the meetings of the Bhoodan Board, the conduct of business there
at and the procedure for disposal of its business ;

(b) principles to be followed in distribution of lands vesting in the

Board;


(c) fixation of maximum limit for grant of land to any landless person;


(d) scheme of distribution of Bhoodan lands ;


(e) maintenance of the accounts of the Bhoodan Board; and


(f) any other matter for which provision is necessary for the purpose of

enabling the Bhoodan Board to discharge its duties and functions
under this Act .

**B. SARMA**
Secretary to the Government of Assam,
Law Department.

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