section 13
Donation of land to Bhoodan Yagna.
The Himahcal Pradesh Bhoodan Yagna Act, 1977General197731 sections3 chapters
Chapter I Chapter I
Statutory text
- (1) Notwithstanding anything to the contrary contained in any law, for the time being in force, any person owning a transferable interest in the land, may donate and grant such land to the "Bhoodan Yagna" by declaration in writing in that behalf (hereinafter called the Bhoodan declaration) in the manner prescribed.
- (2) The Bhoodan declaration shall be filed with the Board as soon as it is made: Provided that if the value of the land, described in the Bhoodan declaration, comes to or exceeds Rs. 50,000 on the basis of market price to be calculated in the prescribed manner, the Bhoodan declaration shall not be considered as acceptable, unless the donor of such land produces a certificate signed by an Income Tax Officer, or other such authority having competent jurisdiction, to the effect that nothing was due from such donor on account of income tax or an arrear thereof, on the day of making such donation.
- (3) The Board shall, if it considers the gift acceptable, forward the declaration to the Revenue Officer having jurisdiction in the Tehsil where the land is situated.
- (4) On receipt of the declaration mentioned in sub-section (1) the Revenue Officer shall, if satisfied, after such enquiry as he thinks necessary that the donor is competent to make the gift and has valid title in the land, issue a notice in the prescribed form to such persons as he may consider interested in the property calling upon them, before a date specified in the notice, to show cause why the gift should not be accepted.
- (5) The Revenue Officer shall also affix a copy of the notice referred to in sub-section (4) on the notice Board of his court and shall cause it to be published by beat of drum in the village where the land is situate.
- (6) Any person interested in the property may, before the date specified in the notice, file objections before the Revenue Officer showing cause why the gift should not be accepted.
- (7) All such objections shall be enquired into and decided by the Revenue Officer.
- (8) If no objection is filed before the specified date, or if all the objections filed have been rejected by the Revenue Officer, he shall pass an order accepting the gift on behalf of the Board.
- (9) On the acceptance of the gift, all title and interest of the donor in the land shall be extinguished and the land shall vest in the Board in the same rights in which it was held by the donor.
- (10) The Revenue Officer may, at any stage of the proceedings, reject the offer of the donor on any of the following grounds, namely:-
- (i) that the donor is incompetent to make the gift;
- (ii) that the title of the donor is defective;
- (iii) that there are encumbrances on the land; and
- (iv) such other grounds as may be prescribed.
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