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State of Uttar Pradesh - Act

The U.P. Bhoodan Yagna Rules, 1953

UTTAR PRADESH
India

The U.P. Bhoodan Yagna Rules, 1953

Rule THE-U-P-BHOODAN-YAGNA-RULES-1953 of 1953

Published on 6 August 1993
Commenced on 6 August 1993
[This is the version of this document from 6 August 1993.]
[Note: The original publication document is not available and this content could not be verified.]

The U.P. Bhoodan Yagna Rules, 1953Published in U.P. Gazette (Extraordinary), dated August 6, 1953, Vide Notification No. 4936/1-A-668-53, dated 6th August, 1993

1. Preliminary.

(a)These Rules may be called the Uttar Pradesh Bhoodan Yagna Rules, 1953;

(b)They shall come into force at once.

2. Definitions.

- In these rules, unless there is anything repugnant in the subject or context,-

(i)"Act" means the Uttar Pradesh Bhoodan Yagna Act, (Act No. X of 1953).

(ii)"Committee" means the Bhoodan Yagna Committee for Uttar Pradesh, established, under section 3 of the Act, and includes the Committee reconstituted under section 5 (1) (ii) of the Act;

(iii)"Section" means a section of the Act.

3. Establishment and incorporation of Bhoodan Yagna Committee.

- After the grant of land has been made by the Committee to a grantee, the grantee as also the land which is subject of the grant, shall, subject to the provisions of the Act, be governed by the prevailing law relating to land-tenure.

4. Constitution of the Committee.

(1)The Chairman and the members of the Committee shall be nominated by Shri Acharya Vinoba Bhave, as provided in clauses (a) and (b) of sub-section (1) of section 4 of the Act, within a period of thirty days from the date of the publication of the Rules or within such period as may be extended by Government not exceeding a further period of thirty days.

(2)To facilitate the Bhoodan Yagna movement, there shall be a Convener or Secretary in the Committee who shall also be nominated as such by Shri Acharya Vinoba Bhave from amongst the member of the Committee. The Convener or Secretary so appointed shall also record the proceedings.

(3)On the failure of Sri Acharya Vinoba Bhave to make the nominations prescribed in sub clauses (1) and (2) above within the period stipulated therein the Chairman, the Convener or Secretary and the Member or Members not so nominated shall be nominated by the Slate Government, in accordance with sub-clause (2) of section 4 of the Act.

(4)The name of the persons appointed or nominated as Chairman, as Convener or Secretary and as Members shall be published in the Uttar Pradesh Gazette, in the form given below:

(a)	Name of the Chairman with parentage or full address.	...	Permanent place ofresidence
(b)	Name of the Member parentage or full address	...	Ditto

(5)Sub-Committee. - The Chairman shall, in consultation with the Committee appoint for each district a Convener and a Sub-Committee consisting of not more than ten members to carry on the Bhoodan work in the district.

5. Dissolution of the Committee.

(1)The State Government on being satisfied that all or any one or more than one of the conditions specified in clauses (a), (b) and (c) of sub-section (1) of section 5 exists, shall issue a notification in U.P. Gazette specifying the date from which and the period for which the Committee shall stand dissolved.

(2)On the dissolution of the Committee by the Government in accordance with sub-rule (1) above, Sri Acharya Vinoba Bhave shall nominate the Chairman, a Convener or Secretary and Members within a period of thirty days from the date of the notification referred to in sub-clause (1) above, on failure of which the State Government itself would nominate the Chairman, the Convener or secretary and the Members so nomination cither by Sri Acharya Vinoba Bhave or by State Government shall be published in the Stale Gazette in accordance with sub-rule (3) of rule 4 above.

(3)Ad hoc State Committee. - The Slate Government shall appoint a Committee consisting of not more than three persons to discharge the functions and powers of the Committee during the period between the dissolution of the Committee and its re-constitution. The said Committee for the interim period shall be designated "Ad hoc State Committee", which shall not function for more than two months from the date of its constitution.

6. Procedure on vacancies in appointment of Members.

(1)On the death or resignation a Member, his place shall be filled in by the person or authority who nominated him. The period of appointment of the person so nominated shall be for the unexpired term of the member whose place is taken by him.

(2)Casual vacancies in the Committee shall be filled in by the person or authority who appointed the member. The period of appointment of the member in a casual vacancy shall be for the unexpired term of the member in whose place the casual vacancy is filled up.

7. Duties of the Committee.

(1)The Committee shall perform and exercise all or any of the functions and powers conferred on it by the Act, or by the Rules made thereunder, either by itself or through a Sub-Committee appointed under sub-rule (5) of rule 4 for the district for which the said Sub-Committee has been constituted, through such other authority or person nominated by it with the approval of the State Government for any particular area:Provided that the powers so delegated by the Committee to a Sub-Committee or to a person or authority mentioned in sub-rule (1) above, may, at any time, be revoked.

(2)The Committee shall ordinarily meet once every month for the transaction of its business at such place as may be fixed by it. Ten days notice shall be necessary for holding the meeting.

(3)The quorum for each meetings shall be three including the Chairman:Provided that if the quorum is wanting at any meeting it shall be adjourned to such other date as may be fixed by the Chairman to which the agenda of the adjourned meeting shall be carried over and for which the rule of quorum shall have no application.

(4)The Chairman, or, in his absence, any member of the Committee chosen for that purpose for that meeting by the members present, shall preside over the meeting of the Committee.

(5)The Chairman or the Convener or the Secretary of the Committee may invite at any meeting of the Committee any person whose presence is considered necessary or desirable.

(6)In case of disagreement the case shall be referred to Sri Acharyat Vinoba Bhave for his guidance.

8. Donation of land to Bhoodan Yagna.

(1)The Bhoodan Yagna declaration shall be in the form given in Appendix I.

(2)The declaration shall be accompanied by an extract from the current year's Khatauni duly certified by the lekhpal of the, halqa in which the land sought to be distributed lies. If the Khatauni be not available, an extract from the Khatauni for the year immediately preceding shall be filed.

(3)All donations of land made under the Act shall be entered in a register as shown in Appendix II by the Committee or its nominee, which shall be maintained district-wise with sub-headings for each tahsil and copy thereof shall also be sent to the Tahsildar, who shall maintain a similar register for his tahsil.

(4)The Bhoodan declaration shall be filed in the Court of the Tahsildar in whose tahsil the property is situate. Such declarations shall be filed either by the donor himself or by the Committee on behalf of the donor.

9. Publication of and investigation upon the declaration.

(1)Upon receipt of the said declaration, the Tahsildar shall register it in the same manner, as a report of succession or transfer of possession under section 34 of the U.P. Land Revenue Act, is registered in a register maintained for this purpose in the manner prescribed in sub-rule (2) below.

(2)The Tahsildar shall maintain a register for making the entries provided for by sub-rule (1) above in the form shown in the Appendix II-A. The entries in this register shall be with reference to the following classes of land for which separate sets of pages with sufficient number of blank pages to admit fresh entries, shall be allotted:

(1)Cultivable land,

(2)Banjar or parti land,

(3)Agricultural waste-land, and

(4)Forest land.

(3)The Tahsildar shall, on receipt of Bhoodan declaration publish in the following manner and in the form as in Appendix III-

(a)A notice containing the particulars shown in the declaration shall be served, free of charge, upon all recorded tenure-holders except the person, who has filed the declaration;

(b)A copy of the declaration shall be affixed on a conspicuous place in the village in which the land is situate.

(4)The service of the notice shall be effected either by post or by revenue peons, or by both the means according to the discretion of the Tahsildar.

(5)The Tahsildar may record statements on oath and admit documents filed.

10. Filing, hearing and disposal of objections.

(1)In making the summary inquiry provided for under Section 11, the Tahsildar shall ascertain whether,-

(a)the donor filing the declaration has prima facie a right, title or interest in the land specified in the declaration;

(b)the donor is legally competent to make the donation; and

(c)the land is vacant:

Provided that in those cases where the land donated is subject to a subordinate tenure or in the occupation of any other person, it shall be deemed to be vacant, if the subordinate tenure-holder or the person in occupation agrees in writing to the donation of this land and is prepared to vacate it in favour of the grantee or the Committee.

(2)The Tahsildar shall, before hearing the objections filed under Section 11, give notice to the declarant, the objector and the Gaon Panchayat concerned free of charge in the form shown in Appendix V in which grants of parti qadim and having made such enquiry as he deems fit, record his findings.

(3)The objections under sub-section (1) of Section 11 shall be in writing and follow the law of pleading.

11.

The Tahsildar shall maintain a register in the form shown in Appendix V in which grants of parti qadim and Banjar lands granted revenue free for three years shall be entered.

12.

The Committee shall maintain a register in the form shown in Appendix VI in which the grant made by it shall be entered.

13. Particulars of the list prepared under section 13 and the publication thereof.

(1)The list mentioned in Section 13 shall, in addition to the particulars stated in that section, contain the following particulars:

(a)The nature of the land showing if it is cultivated barren, forest, etc.

(b)A certificate that the land does not belong to any of the classes mentioned in section 1.

(c)The land revenue or rent to which the land was assessed on the date immediately preceding the date of donation.

(2)A copy of the said list shall be pasted at the Tahsil Notice Board, another shall be fixed at a conspicuous place in the village in which the land donated is situate.

14. Rights and liabilities of persons to whom land is granted.

(1)The Bhoodan Yagna Committee shall execute a donation deed which may be in the form as in Appendix VII.

(2)The grantee of land in the areas to which the U.P. Zamindari Abolition and Land Reforms Act, 1950, does not apply shall acquire such right and liabilities as the Committee may confer under the law. The grantee shall be subject to the following conditions, restrictions, and limitations:

(a)the grantee shall pay the rent to the Committee in such instalments and on such dates as the Committee may specify;

(b)the grantee shall not be entitled to sublet or transfer the land; and

(c)the grantee shall not be entitled to use the land for any purpose other than for which it was granted.

15.

Rules in regard to donations of properties other land shall be prescribed by the Committee itself. Such rules shall be framed, as far as may be, in accordance with the Scheme of the Bhoodan Yagna.Appendix I[See Rules 8(1)]Bhoodan Yagna Declaration FormI............................son of...............................resident of village.......... Pargana............................,Tahsil............................District........................hereby donate the plot/plots of land described below to the Bhoodan Yagna initiated by Shri Acharya Vinoba Bhave, with effect from.....................19...........................

Name of the village, Pargana, Tahsil and Districtin which the donated land lies	Class of tenure	Khasra No. of the plot/plots donated	Area of plot/plots donated	Land Revenue of the plot/plots
1	2	3	4	5

Dated	19		Signature of Donor

Appendix II[See Rule 8(3)]Form of register of lands donated to the Bhoodan Yagna initiated by Sri Acharya Vinoba Bhave

SI.No.	Date of declaration of donation by donor	Name of donor with percentage and residence	Title of the donor over the land donated landlies	Area of land donated	Khasra No. of plot/plots donated	Village and pargana in which the donated
1	2	3	4	5	6	7

Appendix II-A[See Rule 9(2)]Register of Bhoodan Declarations filed in the Court of Tahsildar under Section 8 (2) of the Act:

Serial No. of the declaration	Date of presentation	Name and address of the declarant	Village and Pargana in which land in respect ofwhich the declaration is filed is situate	Whether objection filed under Section 11 (1) ofthe Act	Date of confirmation	Date of Supersession	Remarks
1	2	3	4	5	6	7	8

Appendix III[See Rule 9(3)]In the Court of the Tahsildar .......................................Tahsil at.......................................To(Name, description and residence of the recorded tenure-holders except the person who has filed the declaration).Whereas Sri/Srimati........................son of/daughter of/wife of...........................................resident of village.....................Pargana...............Tahsil.......... ............District.....................has declared that he/she has...............donated the plot/plots of land described below to the Bhoodan Yagna, initiated by Sri Acharya Vinoba Bhave, with effect from............................................................................ you are hereby informed that if you are desirous of filing objections, you may do so till (date, month and year).Description of the plot/plot of landKhasra No./Nos...................................................................................................................Class of tenure...................................................................................................................Area in acres of standard bighas......................................................................................Land Revenue....................................................................................................................Village.................................................................................................................................Pargana..............................................................................................................................Tahsil..................................................................................................................................District.................................................................................................................................Given under my hand and the seal of the Court this..............................................................day of 19.....................................

(Signed)...........................................

Tahsildar...............................Tahsildated...................................Seal of the Court :Appendix IV[See Rule 10 (2)]In the Court of the Tahsildar.....................................Tahsil at................................................To(Name, description and residence of the declarant and the objector and address of the Gaon Panchayat concerned).have declared that you have donated the plot/plotsWhereas you...................................................................................................................................................have filed objections against the donation of the landdescribed below to the Bhoodan Yagna..................................................................................................................................................you are herebyplot/plots of land described below to the Bhoodan Yagnainformed that (date, month and year. . . . . . . . . . . . . . . . . . . . . . . . . . . . .) has been fixed for hearing objections and evidence, if any, produced in support thereof. You are, therefore, directed to produce on that day all the documents on which you intend to rely in support of your case.Take notice that in default of your appearance on the day aforesaid, the case will be heard and determined in your absence.Description of plot/plots of land intended to be donatedKharsa No./Nos..........................................plot..........................................................................Class of tenure...........................................................................................................................Area in acres or standard bighas..............................................................................................Land Revenue............................................................................................................................Village.........................................................................................................................................Pargana......................................................................................................................................Tahsil..........................................................................................................................................District........................................................................................................................................Given under my hand and the seal of the Court this.....................................................................day of......................19,.Dated.........................

(Signed)......................................

....................................TahsildarSeal of the Court:..........................................TahsilAppendix[See Rule 11]Form of Register of Grants made free of revenue for three yearsVillage.......................Pargana..........................Tahsil.......................District....................

SI.No.	Name of grantee with parentage and residence	Date of grant	Area of land granted	Khasra number of plot/ plots granted	Whether old fallow orBanjar	Date from which revenue becomes payable	Remarks
1	2	3	4	5	6	7	8

Appendix VI(See Rule 12)Form of register of grants by the Bhoodan Yagna Committee

SerialNo.	Name of grantee with parentage		Class of tenure	Area in acres or standard Bighas	Land revenue	Village	Pargana	Tahsil	District	Remarks
1	2	3	4	5	6	7	8	9	10	11

Appendix VII[See Rule 14(1)]Form of donation deed to be executed by the Bhoodan Yagna CommitteeThe plot/plots of land described below, donated to the Bhoodan Yagna Committee is/are hereby granted to Sri/Srimati........................son of/daughter of wife of................ resident of village...............Pargana...............Tahsil...............District...............

Name of village Pargana, Tahsil District in whichthe land lies	Class of tenure	Khasra no/nos. of the plot/plots	Area of the plot/plots	Land revenue of the plot/plots	Rent of the plot/plots	Remarks
1	2	3	4	5	6	7

WitnessDated........................19 .Signature of the Convener of theDistrict Sub-Committee.NotificationsNotification No. 9 (XV)-Bando-76 - 100, dated February 15, 1978, published in U.P. Gazette (Extra), dated 15th February, 1978, page 2. - Whereas, the State Government is satisfied that is has become expedient and necessary to dissolve the Uttar Pradesh Bhoodan Yagna Committee established and constituted under section 3 of the Uttar Pradesh Bhoodan Yagna Act, 1952 (U.P. Act No. X of 1952) vide Government Notification No. 9/(XV) 76 - 100, dated November 19, 1976;Now, therefore, in exercise of the powers under clause (i) of sub-section (1) of Section 5 of the said Act, the Governor is pleased to dissolve the aid Committee with effect from the date of publication of this notification in the Gazette till such time as a new committee is constituted in accordance with the provisions of the said Act;The Governor, in exercise of the powers under clause (iii) of sub-section (1) read with sub-section (2) of the said section is further pleased to declare that the duties, powers and functions of the said Committee shall be discharged, exercised and performed by the Board of Revenue, Uttar Pradesh, Lucknow and to order that approval of the State Government accorded in G.O. No. 9/(XIV) Bando 76 - 74, dated May 13, 1977, in connection with the appointment of persons authorising them to grant lands vested in the Uttar Pradesh Bhoodan Yagna Committee to the landless agricultural labourers under the provisions of Section 14 of the said Act, shall stand cancelled.

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