(1) The State Board may appoinl one of its mem- s,;,,tary bess to act as its Secretary and such orher officers and scrva.i ts :u it may deem necessary h;. t l~c purposes of this Act.
(2) The State Board may delcgate to thc Secretary any of its powcrs, duties or functions under this Act except such powcrs, duties or functions as the Governmnt3t may by .
gei~eral or special order specify. I
13. The State Board shall meet, and shall fro111 time ti^^^^ lo time make such arrangements with reference to the of State place, day, hour, notice, management and adjournment 'of Board* ' 860 B hoodalz Yagna [1958: T.N. A d XV r , f i . 'its meetings, as it may think fit, subject to the following 's 3 s t, .
$, $; .: ; i . - * provisions, namzly :- .
S'+ $3 \ - $3 ..
7 - ' (a) the Chairman may, whenever he thinks fit and , .
shall, when so required by the Government, call a meeting of the Stare Board ;
(b) the Chairinall shall attend elfcry lneetillg of the State Board unless ht: is prevented by sickness or other reasonable caus.: ;
(c ) no business shall be tra~~sacted at any meeting unless there be present a majority of the number of ..- a . members then in ofice ;
(d) every ~nceting shall be presided over by the - Chairman and in l is absence by a member chosen by the meeting to preside for the occasion ;
(e) all questions at a meeting shall be decided by a majority of the mcmbers presellt and voting at the meeting I and in every case of equality of votes, the person presiding shall have and exercise a second or casting vote;
(f) if a poll be dc~nanded, the names of the members' voting and the nature of their votes shall bc recorded by the person presiding; elid
(g) niinutcs of the proceedings at each meeting (together with the names of the members prcsent) shall bc recorded in a book to be proJtidcd for the purpose, and such minutes shall be read at the next ensuing meeting alld signed by the persol& ,,residing at such ineeting. The minutes book .shbkl be open to inspcctioll by ally rnelnber during o@ce hours.
I AC~S of 14. No act of 111:. State Board or of any person acting State Board, as Chairman thereof $hail be deemed to be invalid by "C** not reason oilly of a dcfcct in the establishment of the Board to be , invafidated or of such act having been done during the period of any by jdor.vacancy in the oEce of Chairman 01. member of the State . . mlity, 9~: ~ o a r d , or on the ground that the Chairman or any member + of the. Board was not entitled to hold or to continue in 1 such office.
1 i 1958: T.N. Act XV] -, ,i$ ,c; 1 ' r . 1 1 . 15. (1) The State Board may, for any district or por- L O C ~ corn-. - t'& . ' ,'$ t ' : tion of a district, constitute a Local Committee consisting mittem. +* @ , F' r I of not more than five members who shall be appointed : by the State Board from among the residents of the area 1 concerned. The appointment of such members shall be !$ subject to the approval of the Government and shall be for such period as may be prescribed. " v..,
(2) The State Board shall appoint oue of the members of the Local Committee to be its Chairman who shall also act as its Secretary.
(3) (a) The State Board may authorize any Local Committee constituted under sub-section (1) to exercise in the area within the jurisdiction of such Local Committee all or any of the powern, duties or functions vested in thestate Board by this Act except such powers, duties or functions as may be specified by the Government by general or special order, and may in like manner withdaaw such ,uthority.
(b) The exercise of ally ~ U ~ V G T S , duties or functions delegated under clause (a) shall be subject to such restrictions and conditions af: may be prescribed and also to control and revision by the Government or by such persons as may be empowered by them in this behalf. The Government shall also have powc:r to control and revise the acts or .
proceedings of any pen.on so empowered.
L. ~i' t
(4) The provisions of sections 6 to 10, 13 and 14 shall apply to .a Local Committee subject to the modification that the powers exercisable by and the duties imposed , on the Goxrn&egt unaer the said sections shall, in relation , a i . I I:
to a Local Conqnittee, be exercised by . . the State Board : I t . 1 ; .> 1
Provided that the dissolution, reconstitution or . , ,- supersession of a Local Committee shall be subject to' , , tlit %;; .. .
approval. of the Government. ' . I : I .. .
1 1 1 . . .
( 1 ' 3 I ' I ' *16. (1) Notwithstanding, anything to the contrary of ;, . ....
contained in any other law for thetime being % in force, + la nd. , . . ;
. < . . t C ' a ' 7 -. . ' * Donations and grants of land for the Bhoodan 17agna or for , r . . Oramdan maderot deemed to ?have fieen made undel tlBs Act prior: .: 9 c .. to the commencement of Tamil Nadu Wct 36 of 1964 1 rere deem& 1 ::,',. . i ' to be valid transfers notwithstariding anything contained . n any judg% :' " , + mznt, decree or order of any court even if they were not made in A + accordance with any law relating to transfer of property cr regis- " '- tration., Please seer section 11 of.the Tamil :Nadb Elhoodan Yagna . . ii (Amendment) Act, 1964 (Tamil Nadu Act 36 of 1964).
. , " . f . - 862 B hood a12 l'cfgjtn j1458: T.N. Act XV 1 a < (a) any ol,krnt.r raay, .,j 2c;:m-at ian made in the prescribed manner, donate hi s land for r he Bhoodan % . Vagna:
Provided t.hai where any lalld is owlled jointly bye ' two or :more persons, no donation of latld shall be valid, unless the declaration is signed by sllsuch ioint owners :
V
Provided further that a declaration made by a minor shall not be valid ;
(b) any person to whew the Government have I assigned any land on the ground of his having been a political sufferer may, by declaration made in the prescribed manner, donate such land for the Bhoodan Yaljna provided the following conditions are satisfied, namely :-'
(i) in the case theland was not undcr cultivation before assignment, the assignee should have brought it a ' ' under cultivation ~ v i t l ~ i n three years from ihe date of assignment ;
, ( i i ) the assignee should have paid in full all the publio char,-- due to the Governmcnt in respect of the , l ind and repaid in Toll the loan or loans obtained from the Government, togc-thcr with the i ntrrcst thoscon, bcforc making thc donation for i he Bhoocla~l Yag~~a.
(2) Whcie the owner donating his land for the I Bhoodan Yagna undzr sub-section (I) is a janmi or any , other, landlord n an area where the Malabar Tenancy Act, . . .
, 1929(lFamil'Nuda] Act XIV of 1930), i s i n force, no dona- ,', tion of his land for I he Bhoodan Yagnn shall bc' valid unless the tenant of si~ch janlpi or landlord transfcrs 611 his right, title and i nter-est in, such land to the State + Board for the purposcs of the ~ h o o d a i ~ Yagna by declarati on made in the prsscl ibed manner.
' I , 1'; li.;. :: t q * .. '$[(3) Every declaration made under sub-section (1) -i.,- - a shall be filed with the State Board.]
. -.
. .L.i 1 These words were substituted for the word cc Madras" by Tamil Nadu Adaptation cf Laws Order, 1969, as amended by . .\ Tamil Nadu Adaptatio~ of Laws (Second Amendment) Order, 19 '2 This sub-section \?as substituted for original sub-section (3) section 3 of the Tamil Ntdu Bht3oclan Yagna (Axnendment) Act, 19 ., (Tamil Nadu Act 36 of 196.11, 1 ..
\ , . a I -*#-- -.- - , < . - rrJU --- _----.I - - - . - . -. - , f -*y -s - - ----- L-_ - . . " W -.+.- . $ .
1958: ~ . h . Att xG] Bhoodbn Yugna 8613 , I
17.-'[(I) The State Board shall, as soon as may beiikearing of after the filing of every declaratj on under the sub-section
(3) of section 16, publish the declaration i n the Fort st.
George Gazette* and i n such other manner as may be I prescribed and forward t He declarat + inn to the Inquiry Officer concer l ed ,] b i .
(2) 'Any person whose interests are affected by any such declaration may, within two months oft he publication of the declaration, file objections on the same ' before the S[Inquiry Officer]
(3) The sgnquiry Officer] shall register every such objection, fix a date for its hearing and sliall give notice .
of such date to the donor, the objector, the State Board and t he Local Cornmi ttee concerned..
(4) On the date of hearing or any other date to which it may be postponed, the '[Inquiry Office1 1, shall proceed to investigate and disposcofthe objectioi~ and hv ordel withi n such time as may be prescribed ejl her conbr m the declaration or declare i t null and void. 5[Whcl.c. there i s no objection, the Inquiry Officer, afr er making such inquiry as he deems fit, shall, as soon as may be, by order, confirm the declarat i on or declare i * null and void .]
- & i This sub-section was substituted for original sub.section (1) by section 4 (i) of the Tamil Nadu Bhoodan Yagna (Amendment) Act, 1964 (Tamil Nadu Act 36 of 1964).
2 ~ h k s e words wzre substituted for the words " Tahsildsr or I / the Deputy Tahsildar in independent charge, having j~~risdiction in the taluk 01- su b-taluk where the land is situa~c " by section 4 (ii) of thz Tamil Nadu Bhoodan Yagna (Amendment) Act, 1964 (Tamil Nadu Act 36 of 1964).
a Thcsc words wcl-c substituted for t hc words Tahsildat or the Deputy Tahsildar, as the case may bc " by section 4 (iii) of the Tamil Nadu Blioodail Yagna (Amendment) Act, 1964 (Tamil Nadu Act 36 of 1964). i if 4 These words were substituted fdr, thc wort's "Tansifdar o r . b the De uty Tahsildar as the case may be " by siction 4 (iv) (a) of the R i ' Tamil adu Bhaodarr Yagna (Amendment) Act, 1964 (Tamil Nadu ,I H Act 36'of 1964)' 1 5 This sehtence was aedcd by section (4 (iv) (bj of the Tamil Nadg " .
Bhoodan.Yagna iAn:cndment) Act, 1961 (Tamil Nadu Act .36 o f . . i \ -.
1964). *! \ t * Now the Tamil Nadu Governmemt Gazette.
I , I a64 Bhoodan Yagncl [1958: T.N. Act XV I[@) (a) Whcrc thc Inqul~ y Oficer paws an order under su b-sect i on (4) confirming a dcclarai ion, he fl. . shall; as soon as may be, comm~ini ca~e the order along 1 I .
with the record of his ytocccd ings to I he State Board,
(b) As soon as inay be after the receipt of the order referred to i n clause (a) , 1 I.ic State Board shall- -
(i) publish such order in the *Fort St. George Gazette ; and
(ii) send a copy of such order duly authenti- ,- cated by any officer autho1.j sc-d by the Statc Board i n thi s , behalf to the registering ofTicer und.cr the Indian Rcgis~ration Act, 1908 (Central Act XVI of 1908), within the local limits of whose jurisdj ction the land to which the order ;
relates is situar' ..nd such registering oficer shall register such oli~er :
Provided that no fcc shall be payable for such r~gistration and it shall not be necessary for any o@ce.r oft he State Board to appcar in person or by agent at the registration office i ~ ? any proceeding connected. with such registration].
2[(6) Upon such registration, all tlleright, title and interest of the donor i n such land shall, no twithstonding anything contained in any other law for the time being in .'
b r c c but subject to the provisions of scction 23, stand transferred to, and vest in, the State Board for the purposes of the Bhocdan Yagna.]
.
. ' --- '.
B /100ddtl Yagflcl 865, , - . -L . - iJ$ t ! S f ! , ? ?
"r a* (8) The State Buard z:.;' - + any i t a p of the - ! / proceedings reject the declaration of a donor on any 01 + ' I j the following grounds, namely :- *$
(i) that the donor isincompetent to make tk donation ; a
(ii)rhatthetitleofthedonorisde&~ti~e; I I ' ' (iii) that, there
(iv) that there are arrears of land revenue or ienl ;
, , . .
(v) that the landdonated is common pasture land? ' , cremation :or buriai- ground, tank, pathway thrashing :
3 o r ; or , r" ' . .. .
(vi) any'-other , , - , prescribed . grountls; - ? . . .
I. . " . .
\ * * * ,* 1 - ..
* , . ~[(g) pedd ng Ilndei-this*{<&i6n,the' , tarns and conditions as may
4. donor and the Stale Board, arrange ,: of the lands donated for the Bhooda sect ion (1) of scctjon 16 as it thinks fit.]' t , , Partition 1s. ~f any land donated for the.Bhooda11 Yagna forms holding.
part of a holding, the State Board or the Local Comm.ttee. .
as the case may be, %[may apply to the Inquiry Officer for ' , posseisi on and tho Inquiry Officer may] notwithstanding my provision in any other law to the contrary, partitjon hold ng, demarcate the land and effect i 1s subdivi sjon. _ - - i ~ h i s sub-section was added by section 4 25) of the Tamil N & ~ Bhoodan Yagna (Amendment) Act, 19 4 (Tamil Nadu Act 36 of 1964). i 9 These wcids were substituted foi'the words "may apply to tlk Tahsildar or the Deputy Tahslldar9 m3 independent cbls-, as the case may be, having \unsdictlCn for PO~~ession a"d,the Tahslldar O r .
the Deputy Tahsitdar, may9* by sect$n 5 of the Tamil Nadu Bhoo@q yagna (Amendment) Act, 1964 (Tamil Nadu Act 36 of 196414 ' ' ' (,j if the t a d !..-e zlready been graoted ro any ' ":
;-' -- - - 7 - 9 3 .- . i.c'2ic yg- tke - m e 32d * - - - - - - - "* ---" '=Fq-z - - - - - = a-L -=< -:--- L. - - I-* LA &*A - - C _- - - , - , -.7-4 , -- - -c-.L. - - v -*- .e -- z* -.; - - - ----- - - - -.,, ,&32zZz - L A - - - ..
* - - - 3 -- -- - - - - - - ", ;3-= - - -% Lrwr L?- -..-- - - - A L % - b L "- *\ If -.--\- i , + +?
(g) such other particulars as may be przscribed.
6 - $ .
k
(2) Every list prcpared under sub-section (1) shall be published i,n the For0tSt. George Gazette.*
(3) Upon such publication, thc provisions of sub.
sections (2) to (8) of section 17 shall apply in respect of land desrribed in the lisr publish& under s~:l.-sccri~v? ( 2 ) as if such publication \*;t'rz a declaration in rcspzct 01' th:lt land filed under sub-seciion (3) of section 16 :
Provided that whzre an order is nnde by tll,: l[lnqlliry - Officer] under sub-section (4) of section 17 collfin.ling the donation, such donation shall be deemd to hate been accepted with effect from the date on which the donation was made and for this purpose, this Act shall be deemed to have been in force on such date.
(4) Where such lancL has been granted to any person it shall, with effect from the date of grant, be deemed further - to have been granted to the grantee under and in accor- . . I , ( dance with I the provisions of I section 19.
6 *
2i. The State-Board shall have its own fund and may 7 . .
,.. 'accept grants, donations, gifts or loans from .:he Central Government or the State Government or any local authority : or person for all or any of the purposes of the State Board.
3 2 U ,- I , ' . I ;, i( k . . . 22. All property, moneys, funds and all other asset .received by or. vesting in the State Board. shall be he1d:and k $, . applied by it . s#ject . . . to the QrovisionS I - ? I * . <; " . and for the purpose , i*. of thisc;Act, " ; - a * , . 1 1 k"P. . . . . L , . . . . i . C &w - Ul .
iThese words were subst itl!te&for the words . " Tahsi ldar or the . 2:' rg.. 8 + Deputy Tahsildaf-'L by section 7 c f the Tamil ,Ndu Blloc dan Yagna .
@ ' ( ~ ~ ~ ~ d ' ~ e n t ) Act ,, 1964 ( ~ n m i l Nadu- Act 36. of 1964).
+ * ~ d w the Tamil 'Nadu Government ' Gaittte. ' . . f& ,. -I , .
%:3: , g ' . ' 125-3-55~ *7; ~ 4, a