[Act No. 18 of 1962] [17th 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) 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 [2]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. In this Act, unless there is anything repugnant in the subject or context,- (1) "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. (1) The State Government shall, by notification in the Official Gazette, [3] 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). (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. Any person who donated any land before the coming into operation of the West Bengal Bhudan Yagna Ordinance, 1962 (West Ben.Ord.VII of 1962), or desires to donate any land in pursuance of Bhudan Yagna shall furnish to the Board all particulars in respect of such land specifically mentioning,- (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 (c) whether any rent, revenue, cess or tax in respect of the land is outstanding or not. (1) On receipt of the particulars referred to in section 5, the Board shall refer the Fame to an Officer having jurisdiction over the area in which the land concerned is situated specially [4]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 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 vesting order sent by the Officer under sub-section (1) register the same. (3) On registration 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. An appeal from a vesting order made under sub-section (7) 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 older 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. (1) The Board may settle on such terms, conditions and restrictions as may be prescribed, any land vested in it under sub-section (3) of section 6 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 Bhudan 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. Notwithstanding anything to the contrary contained in any other law, no stamp duty or fees shall be chargeable in respect of any document executed or registered in pursuance of the provisions of this Act. [5]9A. Power to recover does. Any money due to the State Government or the Board under this Act or the rules made thereunder shall be recoverable as a public demand. No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act or any rule or order made thereunder. The State Government may, by notification in the Official. Gazette, make [6]rules for carrying out the purposes of this Act and such rules may provide for any matter which may be or is required to be prescribed. (1) The West Bengal Bhudan Yagna Ordinance, 1962 (West Ben. Ord. VII of 1962) is hereby repealed. (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. [7]When any date is specified under sub-section (3) of section 1 for the application of this Act in any area of the transferred territories, then, with, effect from such date (hereinafter referred to as the appointed date), the following consequences shall ensue in such area, namely:-- (a) the Bihar Bhoodan Yagna Act, 1954 (Act XXII of 1954,) shall stand repealed; (b) all lands and other properties vested or deemed to be vested in the Bhoodan Yagna Committee shall stand transferred to, and vest in, the Board and the Board shall hold such lands on the terms, conditions and restrictions referred to in sub-section (5) of section 6; (c) any land granted by the Bhoodan Yagna Committee to a landless person shall be deemed to have been settled by the Board with such person, and such person shall hold such land under the Board on the same terms, conditions and restrictions on which he held it under the Bhoodan Yagna Committee: Provided that the rent payable shall be paid to the Board: (d) any land settled by the Bhoodan Yagna Committee with any person for the period intervening between the vesting of such land in the Bhoodan Yagna Committee and the date of its grant to a landless person shall be deemed to have been settled by the Board with such person for such period, and on the expiry of such period the Board shall be entitled to re-settle the land with a landless person on such terms, conditions and restrictions as may be prescribed; (e) any investigation in respect of a Bhoodan Yagna Danpatra pending under the Bihar Bhoodan Yagna Act, 1954 (Bihar Act XXII of 1954), and the rules made thereunder immediately before the appointed date, shall be continued in accordance with the provisions of this Act by the Officer appointed under sub-section (1) of section 6, as if such Bhoodan Yagna Danpatra constituted the particulars referred to in section 5 in respect of the donated land concerned; (f) any appeal referred to in section 17 of the Bihar Bhoodan Yagna Act, 1954, shall be presented to, and any such appeal pending under that Act immediately before the appointed date shall be continued before, the Munsif referred to in section 7 and shall be heard and determined by such Munsif in accordance with the provisions of this Act. Explanation.-In this section- (i) 'transferred territories' means the territories transferred from the State of Bihar to the State of West Bengal by section 3 of the Bihar and West Bengal (Transfer of Territories) Act, 1956(40 of 1956,); (ii) 'Bhoodan Yagna Committee' means the Committee established under section 3 of the Bihar Bhoodan Yagna Act, 1954; and (iii) 'Bhoodan Yagna Danpatra' means the declaration in writing referred to in section 10 of the Bihar Bhoodan Yagna Act, 1954. [1] For Statement of Objects and Reasons, see the Calcutta Gazette, Extraordinary of the 15th November, 1962, Part IVA, page 3464; for proceedings of the West Bengal Legislative Assembly, see the proceedings of that Assembly held on the 20th November, 1962; and for proceedings of the West Bengal Legislative Council, see the proceedings of the meeting of that Council held on the 22nd November, 1962. [2] The 1st day of April, 1964, was specified as the date with effect from which the Act shall apply to all the areas of the territories transferred from the State of Bihar to the State of West Bengal under the Bihar and West Bengal (Transfer of Territories) Act, 1956 (40 of 1956). Vide notification No. 5336L. Ref., dated the 26th March, 1964, published in the Calcutta, Gazette, Extraordinary dated 30th March, 1964, Part I, page 855. [3] The West Bengal Bhudan Yagna Board was established under notification No. 8946L Ref, dated 31.5.63, published in the Calcutta Gazette, Extra-ordinary, dated 1.6.63, Part I, pages 1443-1444. [4] For appointment of officers specified for the purposes of sub-section (1) of section 6 of the Act within the areas mentioned, see notification No. 6000L Ref. dated 4th April, 1964, published in the Calcutta Gazette, Extra-ordinate of 1964, Part I, page 913. [5] Section 9A was inserted by sec. 2 of the West Bengal Bhudan Yagna (Amendment) Act, 1964 (West Ben. Act II of 1964). [6] For the West Bengal Bhudan Yagna Rules, 1963, see notification No. 7448-L. Ref., dated 6th May, 1963, published in the Calcutta Gazette, 'Extraordinary of 1963, Part I, pages 1119-1121. [7] Sec. 13 was addded by sec. 3 of the West Bengal Bhudan Yagna (Amendment) Act, 1964 (West Ben. Act II of 1964).
WEST BENGAL BHUDAN YAGNA ACT, 1962 [Repealed]
Preamble - WEST BENGAL BHUDAN YAGNA ACT, 1962
[Repealed by West Bengal Act 30 of 1979, S. 3 (w.e.f. 15-12-1979)]
PREAMBLE
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