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State of Bihar - Section

Section 11 in The Bihar Bhoodan Yagna Act, 1954

11. Publication of, and investigation upon the, Yagna Danpatra.

- [(1) On receipt of the Bhoodan Yagna Danpatra the Revenue Officer shall cause the same to be published in the prescribed manner inviting written objections thereto within a period of thirty days from the date of publication.
(2)If no written objection is filed within the period mentioned in sub-section (1), the Revenue Officer shall make a summary inquiry in the prescribed manner as to the right, title and interest of the donor in such land and his competency to make a gift.
(3)If any written objection is filed within the period mentioned in sub-section (1), the Revenue Officer shall register such objection and fix a date for hearing of which a public notice shall be given in the prescribed manner and a copy of such notice shall be served on the donor and the objector by registered post with acknowledgement due and on the date so fixed, the Revenue Officer shall hear the donor and the objector.
(4)After holding the summary enquiry under sub-section (1) or after hearing the donor and the objector under sub-section (3), as the case may be, the Revenue Officer may supersede the Bhoodan Yagna Danpatra in whole or in part on any of the following grounds, namely:-
(i)that the donor is incompetent to make a gift;
(ii)that the title of the donor is defective;
(iii)that the donor is not a person entitled to donate the land under the provisions of Section 10 or Section 12.
(5)If the Bhoodan Yagna Danpatra is not superseded in whole or in part under sub-section (4), the Revenue Officer shall confirm it in whole and if it is superseded in part, he shall confirm it in respect of the part which is not superseded.] [Existing sub-section (1) to (4) substituted and (5) to (7) renumbered as (6) to (8) by Act 14 of 1965.]
(6)[ The donation of the land in respect of which the Bhoodan Yagna Danpatra is superseded shall be cancelled and the right, title and interest of any person in such land before the date of the Yagna Danpatra shall not be affected in any manner.] [Renumbered by Bihar Act No. 14 of 1965.]
(7)[ The Revenue Officer shall, in the hearing and disposal of objections under this section, have the powers of a Civil Court while trying a suit under the Code of Civil Procedure, 1908 (V of 1908), in respect of the following matters, namely:-] [Renumbered by Bihar Act No. 14 of 1965.]
(a)summoning and enforcing attendance of witnesses and examining them on oath;
(b)requiring the discovery and production of any document;
(c)reception of evidence on affidavits;
(d)requisitioning any public record from any Court or office;
(e)issuing commission for examination of witnesses;
and such proceeding before the Revenue Officer shall be deemed to be a judicial proceeding within the meaning of Sections 193 and 228 and for the purposes of Section 195 of the Indian Penal Code, 1860 (XLV of 1860).
(8)[ The Collector may at any time transfer a petition filed under sub-section (2) to any other Revenue Officer, within his jurisdiction, for disposal.] [Added by Act 15 of 1959 as sub-section (7) and renumbered as (8) by Act 14 of 1965.]