Chapter II CONSTITUTION, POWERS AND FUNCTIONS OF THE BOARD

notification in the Andhra Pradesh Gazette constitute a Board by the name of the Andhra Pradesh Bhoodan Yagna Board which shall be a body corporate having perpetual succession and a common seal with power to enter into contracts and to acquire, hold and dispose of property and which may, by the said name, sue or be sued.

Vice-Chairman and 9 other members to be appointed by the Government and in the consitution of such Board the Government shall consult Sri Acharya Vinobha Bhave or a person nominated by him.

1. (2) The appointment of the Chairman, Vice-Chairman and the other members of the Board shall take effect from the date on which it is notified in

the Andhra Pradesh Gazette.

Vice-Chairman shall hold office for a term of four years from the date of notification of his appointment, and shall be eligible for re-appointment.

Chairman, Vice-Chairman or any other member of the Board may resign his office by giving notice in writing to the Secretary to Government in the administrative department concerned and on the resignation being accepted by the Government, he shall be deemed to have vacated his office. The acceptance of every resignation shall be published in the Andhra Pradesh Gazette, as soon as possible thereafter.

(1) The Government, may, by order, remove the Chairman, Vice-Chairman or any other member of the Board after giving him an opportunity to make any representation which he may wish to make, if they are satisfied that he- (a) has become of unsound mind; (b) has applied to be adjudicated or has been adjudicated an insolvent; (c) has been sentenced by a criminal court for an offence involving moral turpitude, such sentence not having been reversed; (d) has become incapable of acting as Chairman, Vice-Chairman or member or has so abused his position or powers vested in him as Chairman, Vice-Chairman or member; or (e) has failed, without excuse sufficient in the opinion of the Board to attend three consecutive meetings of the Board and the Board has recommended his removal. (2) Every order of removal under sub-section (1) shall, as soon as possible after it is made, be published in the Andhra Pradesh Gazette.

1. (a) has become of unsound mind;
2. (b) has applied to be adjudicated or has been adjudicated an insolvent;
3. (c) has been sentenced by a criminal court for an offence involving moral turpitude, such sentence not having been reversed;
4. (d) has become incapable of acting as Chairman, Vice-Chairman or member or has so abused his position or powers vested in him as Chairman, Vice-Chairman or member; or
5. (e) has failed, without excuse sufficient in the opinion of the Board to attend three consecutive meetings of the Board and the Board has recommended his removal.

1. (2) Every order of removal under sub-section (1) shall, as soon as possible after it is made, be published in the Andhra Pradesh Gazette.

Chairman, ViceChairman or any other member of the Board shall, as soon as may be, after the occurrence of such vacancy be filled by appointment of another person and the Chairman, ViceChairman or other member so appointed shall enter upon office forthwith but shall hold office only for the residue of the term of his predecessor.

are satisfied that-

1. (a) the Board has failed without reasonable cause or excuse to discharge the duties, or to perform the functions, imposed on, or assigned to, it by or under this Act or has exceeded or abused powers; or
2. (b) circumstances have arisen in which the Board is, or may be, unable to discharge the duties, or to perform the functions, imposed on, or assigned, to it by or under this Act; or
3. (c) it is otherwise expedient so to do; they may, by notification in the Andhra Pradesh Gazette direct that the Board be dissolved with effect from a specified date and reconstitute under section 3 either immediately or within six months from the date of dissolution.

1. (2) Before directing the dissolution of the Board under sub-section (1), the Government shall communicate to the Board the grounds on which they propose to do so, fix a reasonable period for the Board to show cause against the proposal and consider its explanation and objections, if any.
2. (3) On the date fixed for the dissolution of the Board under sub-section (1), all its members including the Chairman and Vice-Chairman shall be deemed to have vacated their offices.
3. (4) During the interval, if any, between the dissolution and the reconstitution of the Board the Government may, by order, appoint any officer or authority to exercise the powers and discharge the duties of the Board, subject to such restrictions and limitations as may be specified in the order.
4. (5) Where the Board is dissolved under this section, the Government, until the date of the reconstitution thereof, and the reconstituted Board thereafter, shall be entitled to all the assets and be subject to all the liabilities of the Board.

the Board or of any person acting as the Chairman, Vice-Chairman or a member thereof shall be deemed to be invalid by reason only of a defect in the constitution of the Board or of such act having been done during the period of any vacancy in the office of the Chairman, Vice-Chairman or member or on the

ground that the Chairman, Vice-Chairman or member of the Board was not entitled to hold or to continue in such office.

constitute a Local Committee consisting of a Chairman, Vice-Chairman and three other members to be appointed by the Board from amongst the residents of the area concerned. The appointment of such Chairman, ViceChairman and the other members shall be for a period of four years. Such appointment shall take effect from the date of notification in the Andhra Pradesh Gazette.

1. (2) The Board may, with the approval of the Government and subject to such restrictions and limitations as it may impose, authorise any Local Committee constituted under sub-section (1) to exercise in the area for which such Local Committee is constituted, all or any of the duties, powers or functions vested in the Board by or under this Act and the Board may in like manner withdraw such authorisation.
2. (3) The provisions of sections 6, 7, 8, 9 and 10 shall apply to a Local Committee as they apply to the Board subject to the modification that the powers exercisable by, and the duties imposed on, the Government under the said sections shall, in relation to a Local Committee, be exercised and discharged by the Board: Provided that the dissolution or reconstitution of a Local committee shall be subject to the prior approval of the Government: Provided further that where the Government are satisfied that the removal of the Chairman, Vice-Chairman or a member of a Local Committee or the dissolution of a Local Committee is necessary and that the Board has failed to take action in that regard, the Government may, after consulting the Board, remove such Chairman, ViceChairman or member or dissolve and reconstitute such Local Committee and the provisions of sections 7 and 9 shall, as for as may be, apply therefore.

1. (1) Any owner may, by declaration made in the prescribed manner, donate his land for Bhoodan Yagna or for Gramdan: Provided that— (a) where a land is owned jointly by two or more persons, the donation of such land shall not be valid unless the declaration is signed by all such joint owners; and (b) a declaration made by, or on behalf of a person who has not completed the age of 21 years shall not be valid. (2) Every declaration made under sub-section (1) shall be filed with the

prescribed manner, donate his land for Bhoodan Yagna or for Gramdan: Provided that—

1. (a) where a land is owned jointly by two or more persons, the donation of such land shall not be valid unless the declaration is signed by all such joint owners; and
2. (b) a declaration made by, or on behalf of a person who has not completed the age of 21 years shall not be valid.

1. (2) Every declaration made under sub-section (1) shall be filed with the

Declarations filed under section 12 -(1) Every declaration filed under sub-section (2) of section 12 shall, as soon as possible, be published in the Andhra Pradesh Gazette and in such other manner as may be prescribed, together with a notice requiring all persons interested to submit their objections, if any, in writing to the Tahsildar within two months from the date of the publication of the declaration in the Gazette.

1. (2) A copy of the declaration together with the notice referred to in sub- section (1), shall also be served in the prescribed manner by the Tahsildar on each of the person known or believed to be interested in the land specified in the declaration, so far as such service may be practicable.
2. (3) On the expiry of the period of two months specified in sub-section (1) and after giving notice to the Board and the Local Committee concerned, and to the donor and the person, if any, who has filed objections, the Tahsildar shall proceed to investigate as to the right, title and interests of the donor in respect of the land donated by him and consider all the objections filed under sub- section (1), and thereafter he may by an order either accept the declaration or reject it for any of the reasons mentioned in sub-section (6).
3. (4) Where the Tahsildar accepts the declaration and if it is confirmed or deemed to have been confirmed by the Board under sub-section (6), the donor shall deliver possession of the land to the Board; and thereupon, the donation of the land shall, subject to any order in an appeal under section 28 or any decision in a suit under section 29 or in a further proceeding in relation to such suit, be irrevocable and all the rights, title and interest of the donor in such land shall stand transferred to, and vest in, the Board.
4. (5) Every order accepting a declaration under subsection (3) which is confirmed or deemed to have been confirmed by the Board under sub-section
5. (6) shall be published in the Andhra Pradesh Gazette.
6. (6) The Board may at any time within two months from the date of the order passed by the Tahsildar under subsection (3), by order confirm any declaration accepted by the Tahsildar, or reject it for any of the following reasons, namely:—
   • (i) that there are encumbrances on the land;
   • (ii) that there are arrears of land revenue or rent due on the land;
   • (iii) that the donor is not the owner of the land or is otherwise not competent to make the donation; or
   • (iv) that there is any other good or sufficient reason: Provided that if no order is passed by the Board rejecting any declaration accepted by the Tahsildar within the said period of two months, it shall be deemed that the declaration has been confirmed by the Board.
7. (7) Where a declaration is rejected under this section or in an appeal under section 28 or in a suit under section 29 or in a further proceeding in relation to such suit, the donation shall stand cancelled and the donor shall be deemed to continue to have all the rights, title and interest as well as all the liabilities in respect of such land as if no such declaration was ever made.

consideration the wishes of the donor as far as possible, grant any land which has vested in it to a landless poor person who is able and willing to cultivate the land, or to the Government or a local authority, for a community purpose. The grantee of the land shall then acquire therein such rights and be subject to such liabilities, conditions, restrictions and limitations, as may be prescribed.

1. (2) No permanent grant of land shall be made under sub-section (1) until three months have expired from the date of the order confirming the declaration by the Board or from the date when the Board shall be deemed to have confirmed the declaration or where an appeal is preferred under section 28 or a suit is instituted under section 29, until such appeal or the suit or any further proceeding in relation thereto is finally disposed of upholding such declaration.
2. (3) The Board may take such steps for the temporary management of the lands vested in it as it thinks fit in accordance with the rules made in this behalf, until they are disposed of under this Act.

Act -(1) The Board shall prepare a draft of a list of all the lands in the territories of the State of Andhra Pradesh other than those in the Telanagana area which have been donated and accepted for the purposes of Bhoodan Yagna or Gramdan prior to the commencement of this Act showing therein—

1. (a) the area, description and other particulars of the land;
2. (b) the name and address of the donor;
3. (c) the date of the donation;
4. (d) the nature of the interest of the donor in the land;
5. (e) where the land was granted to any person in pursuance of Bhoodan Yagna or Gramdan, the name and address of the grantee and the date of the grant; and
6. (f) such, other particulars as may be prescribed.

1. (2) The draft list prepared under sub-section (1) shall be published in the Andhra Pradesh Gazette and in such other manner as may be prescribed, together with a notice requiring all persons interested to submit their objections, if any, in writing to the Board within two months from the date of publication of the draft list in the Andhra Pradesh Gazette.
2. (3) On the expiry of the period of two months specified in sub-section (2), the Board shall after considering the objections filed under that sub-section and after holding such inquiry as it deems fit finalize the draft list with or without modifications.
3. (4) The list so finalized by the Board under sub-section (3) shall be published in the Andhra Pradesh Gazette, and on such publication-
   • (a) the rights, title and interest of the donor in such land shall with effect from the date of donation and subject to any decision in a suit under section 29 or in a further proceeding in relation to such suit, be deemed to stand transferred to, and vest in the Board as if declaration has been duly filed and confirmed in respect thereto under, and in accordance with, the provisions of sections 12 and 13; and
   • (b) where such land, in pursuance of Bhoodan Yagna or Gramdan was granted to any person, it shall, with effect from the date of the grant, and subject to any decision in a suit under section 29 or in a further proceeding in relation to such suit, be deemed to have been granted to him under, and in accordance with, the provisions of section 14.

called the Andhra Pradesh Bhoodan Yagna Board Fund; and all moneys which may, from time to time, be paid to it by the Central Government or State Government or any local authority or any person shall be carried to the Fund and all payments by the Board shall be made therefrom.

1. (2) All moneys belonging to the Fund shall be deposited in such banks or invested in such manner as may, subject to the approval of the Government, be decided by the Board.
2. (3) The Board may spend such moneys as it thinks fit for performing functions under this Act, and such moneys shall be treated as expenditure payable out of the Fund of the Board.
3. (4) The Board may accept any land in exchange for the land donated in pursuance of Bhoodan Yagna or Gramdan.
4. (5) All properties, funds and other assets received by, or vested in, the Board shall be held and applied by it subject to the provisions, and for purposes, of this Act.