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Section 3: Form of Declaration under Section 3

The Assam Bhoodan Rules, 1968State Rules of Assam · 1966

(I) The declarationunder sub-section (I ) ofSection 3 ofthe Act shall be in Form I and shall be filed before the Sub-Deputy Collector.

(2) The declaration shall be presentedby the person making the declaration or by anyperson authorisedbyhim in writinginthisbehalf.A declarationmay alsobesentby registeredpost.

(3) Every declaration shall be signed by the person in the presence ofa Gazetted

(142) Officer or the PresidentoftheGaon Panchayatwithinwhosejurisdiction the landpro­ posedto be donated is situatedand shall be attestedby him.

(4) Separatedeclarationshallbe filed in respectofland held underdifferent pattas and incaseoftenants, landsheldfromdifferent landlords.

(4) Documents to be filed with the declaration under Section 3. - (I) Every declarationin FormI shallbeaccompanied by theoriginal pattaof the landproposed to be donated or a copy thereofattested by a Gazetted Officer or the President of the Gaon Panchayat withinwhosejurisdication thepersonmakingthedeclaration resides.

(2) If the declaration is filed for landsreferred to in clause (a) ofsub-section (2) of Section 3, thedeclarationshallalsobeaccompanied by the writtenapprovalofthe State Government as requiredby the saidclauseofthe said Section.

5. Publication of Declaration - Everydeclaration undersub-section (I) of Section 3,shallbeenteredina registertobemaintained by theSub-Deputy Collectorandshallbe givenpublication byaffixinga copythereofin the NoticeBoardin theofficeofthe Sub­ DeputyCollectortogether witha noticein Form II requiring all personsinterested in the landto submit theirobjections, ifany, inwriting before theSub-Deputy Collectorwithin30 daysofthe pubicationof the declaration. A copyofthenoticetogetherwitha copy of the declaration shallbe servedonallpersonsrecorded as landholdersin respectoflands and shallalsobepostedin theNoticeBoardin the following places : -

(a)officeof theDeputyCommissioner;

(b) Offices of the Mauzadaror Tahsildaras the case may be, Anchalik panchayat and the GaonPanchayat withinwhosejurisdication thelandcoveredby thedeclaration is situated.

(6) Procedure for enquiry and disposal of objections. - (I ) As soon as after the expiryof thirtydays fromthedateofpublication, thesub-Deputy Collectorshall make the following furtherenquiries on thedeclaration beforehepasses any orderunder sub-sec­ tion (4) ofSection3.-

(143)

(i) Whetherthe personmakingthedeclaration hasa primafacieright.titleor interest in thelandspecified in thedeclaration;

(ii) Whethersuchpersonis legallycompeient to makethedeclaration;

(iii)Whetherthe particulars containedin thedeclaration are correct, and

(iv)Whetherthelandis inarrearinrespectofland revenue, localrateandotherdues.

(2) In makingan enquiryunder sub-rule(l),the Sub-DeputyCollectormay call for suchpapersor documents fromthe declarant as he maydeem fit for the purpose.

(3) Allenquiriesunder this ruleshallbe madeby the Sub-DeputyCollectorlocally where the landproposed to be donated is situated.

(4) The order ofthe Sub-DeputyCollectorundersub-section(4) ofSection3, con­ firming or refusing to confirm thedeclaration shallbepublished inthe NoticeBoardin the officeof the Sub-DeputyCollectoras wellas in theofficeof the Gaonpanchayatwithin whosejurisdictionthe landcoveredby thedeclaration issituated.

Where this provision sits

ActThe Assam Bhoodan Rules, 1968
Section3
Marginal noteForm of Declaration under Section 3
JurisdictionState of Assam
StatusIn force as published by the source

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