Section 17 in The Tamil Nadu Bhoodan Yagna Act, 1958
17. Hearing of objections.
- [(1) The State Board shall, as soon as may be after the filing of every declaration under sub-section (3) of section 16, publish the declaration in the [Fort St. George Gazette] [Sub-section (1) was substituted by Tamil Nadu Bhoodan Yagna (Amendment) Act, 1961 (Tamil Nadu Act 36 of 1964).] and in such other maimer as may be prescribed and forward the declaration to the Inquiry Officer concerned.](2)Any person whose interests are affected by any such declaration may, within two months of the publication of the declaration file objections to the same before the [Inquiry Officer] [Substituted by Tamil Nadu Bhoodan Yagna (Amendment) Act, 1964 (Tamil Nadu Act 36 of 1964).].(3)The [Inquiry Officer] [Substituted by Tamil Nadu Bhoodan Yagna (Amendment) Act, 1964 (Tamil Nadu Act 36 of 1964).] shall register every such objection, fix a date for its hearing and shall give notice of such date to the donor, the objector, the State Board and the Local Committee concerned.(4)On the date of hearing or any other date to which it may be postponed, the [Inquiry Officer] [Substituted by Tamil Nadu Bhoodan Yagna (Amendment) Act, 1964 (Tamil Nadu Act 36 of 1964).] shall proceed to investigate and dispose of the objection and by order within such lime as may be prescribed either confirm the declaration or declare it null and void. [Where there is no objection the Inquiry Officer, after making such inquiry as he deems fit, shall, as soon as may be, by order, confirm the declaration or declare it null and void.] [This sentence was added by Tamil Nadu Bhoodan Yagna (Amendment) Act, 1964 (Tamil Nadu Act 36 of 1961).](5)[ (a) Where the Inquiry Officer passes an order under sub-section (4) confirming a declaration, he shall, as soon as may be, communicate the order along with the record of his proceedings to the State Board.] [Sub-sections (5), (6), (7) were substituted by Tamil Nadu Bhoodan Yagna (Amendment) Act, 1964 (Tamil Nadu Act 36 of 1064).](b)As soon as may be after the receipt of the order referred to in clause (a) the State Board shall-(i)publish such order in the [Fort St. George Gazette] [Now Tamil Nadu Government Gazette.]; and(ii)send a copy of such order duly authenticated by any officer authorised by the State Board in this behalf to the registering officer under the [Indian Registration Act, 1908] [Short title renamed as Registration Act, 1908.] (Central Act XVI of 1908), within the local limits of whose jurisdiction the land to which the order relates is situate and such registering officer shall register such order:Provided that no fee shall be payable for such registration and it shall not be necessary for any officer of the State Board to appear in person or by agent at the Registration office in any proceeding connected with such registration.(6)[ Upon such registration, all the right, title and interest of the donor in such land shall, notwithstanding anything contained in any other law for the time being in force but subject to the provisions of section 23, stand transferred to, and vest in, the State Board for the purposes of the Bhoodan Yagna.] [Substituted by Tamil Nadu Bhoodan Yagna (Amendment) Act, 1964 (Tamil Nadu Act 36 of 1964).](7)[ Where the inquiry Officer passes an order under sub-section (4) declaring the declaration null and void, he shall, as soon as may be, communicate a copy of such order to the State Board. On the passing of such order, the donation shall stand cancelled and the donor shall be deemed to continue to have all his right, title and interest in such land as if he had not made any declaration under sub-section (1) of section 16.] [Substituted by Tamil Nadu Bhoodan Yagna (Amendment) Act, 1964 (Tamil Nadu Act 36 of 1964).](8)The State Board may, at any stage of the proceedings, reject the declaration of a donor on any of the following grounds, namely:-(i)that the donor is incompetent to make the donation;(ii)that the title of the donor is defective;(iii)that there are encumbrances on the land;(iv)that there are arrears of land revenue or rent;(v)that the land donated is common pasture land, cremation or burial ground tank, pathway or thrashing floor; or(vi)any other prescribed grounds.(9)[ Pending the completion of the proceedings under this section, the State Board may, subject to such terms and conditions as may be agreed upon between the donor and the State Board, arrange for the cultivation of the lands donated for the Bhoodan Yagna under sub-section (1) of section 16 as it thinks fit.] [Sub-section (9) was added by Tamil Nadu Bhoodan Yagna (Amendment) Act, 1964 (Tamil Nadu Act 36 of 1964).]
