THE ASSAM BHOODAN ACT, 1965 (SINGLE DOCUMENT)

ASSAM ACT XXIII OF 1966 

[Received the assent of the President on the 12th August 1966] 

THE ASSAM BHOODAN ACT, 1965 

 

An 

Act 

 

 

 

Preamble. 

 to facilitate donation and settlement of Lands in connection with the Bhoodan 
Jajna movement initiated by Acharya Vinoba Bhaue. 

Whereas it is expedient to facilitate the donation of lands received as Bhoodan 

in response to Bhoodan Jajna movement initiated by Acharya Vinoba Bhave 

and to provide for regularisation, distribution and settlement of such lands to 
the landless persons and to provide for matters ancillary thereto; 

    It is hereby enacted in the Sixteenth year of the Republic of India as follows:- 

 

 

 

 

 

Short title, 

extent and 

commence-

ment. 

 

1.  

 

(1) This Act may be called the Assam Bhoodan Act, 1965. 

(2) It extends to the whole of the State of Assam . 

(3) It shall come into force at once. 

 

Definition. 

 

2.  
 

In this Act unless there is anything repugnant in the subject or context- 

 

(a) 'Bhoodan' means donation of a parcel of land which is made voluntarily 

for the purpose of this Act; 

 

(b)  'Bhoodan Board' means the Assam Bhoodan Board established under 

section 6 ; 

 

(c) 'Declaration' means a Bhoodan declaration made under section 3 ; 

 

(d) 'Government' means the Government of Assam; 

 

(e)  'Land' includes all town lands; 

 

(f)  'Landless Person' means a person - 

 

(i) whose main source of livelihood is agriculture or agricultural  

labour ; and 

 

(ii) who docs not hold any land or holds an uneconomic holding of less 

than five bighas of land; 

 

 



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(g) 'Owner ' means- 

 

(i) in relation to land held by a tenant with permanent rights, the tenant ; 

 

(ii) in relation to land held under a grant, lease or assignment from 

Government, the holders, and 

 

(iii) in relation to any other land, the person to whom the land belongs ; 

 

(h) 'Person interested' in relation to any land means any person claiming any 

right, title or interest in the land and includes a person having a right of 

easement affecting such land; 

 

(i) 'Prescribed' except where the words "prescribed by Regulations" are 

used , means prescribed by rules made under this Act; 

 

(j)  'Revenue officer' means the Deputy Commissioner and includes the 

Additional Deputy Commissioner, Sub-divisional Officer or any Officer 

not below the rank of a Sub-Deputy Collector appointed by the State 

Government by name or by virtue of his office to discharge any of the 

functions of a Revenue Officer under this Act; 

 

(k)  'Sub-divisional Bhoodan Committee' means the Committee established 

under section 9 ; 

 

(l)  'Village' means a revenue village registered as such in the revenue 

records ; 

 

(m)  'Town land ' means any land within an area declared or deemed to be a 

Municipality or notified area under the Assam Municipal Act, 1956 

(Assam Act XV of 1957) and any other land which the State 

Government may declare, under the Assam Land and Revenue 

Regulation, 1886 or in accordance with the provision of section 3 of the 

Land Revenue Re- assessment Act (Assam Act VIII of 1936), to be town 

land. 

Donation of 

land by way of 

Bhoodan. 

3.  

 

(1) Any owner of land not being a minor may donate by way of Bhoodan all 

or, any of his lands by declaration in the prescribed form in writing in 

that behalf before the Revenue Officer. 

 

(2) A declaration under sub-section (1) shall not be valid in respect of the 

following classes of  lands- 

 

(a) lands held by a person under a grant, lease or assignment from the 

Government without permanent rights, unless the previous 

approval of Government is received ; 

 

(b) lands which are encumbered ; 

 

(c) land in which the interest of the owner is limited to his lifetime; 

 

 



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(d) land which is held by the owner for personal service or "bhog" ; 

 

(e) lands under encroachment ; 

 

(f) lands under litigation ; 

 

(g) such other lands as the State Government may, by notification in 

the official Gazette, specify. 

 

(3) Every declaration under sub-section (1) shall be published in such 

manner as may be prescribed, together with a notice requiring all 

persons interested in the land to submit their objections, if any, in 

writing to the prescribed authority within thirty days of the publication 

of the declaration. 

 

(4) On the expiry of the period specified in sub-section (3), the prescribed 

authority may, after considering the objections received if any, and after 

making such further enquiries as may be necessary, by order, either 

confirm or refuse to confirm the declaration. 

 

(5) Any person aggrieved by an order of the prescribed authority under sub 

-section (4), may file an appeal to the authority prescribed in this behalf 

within forty-five days of the date of the order and subject to the decision 

on such appeal, the order of the prescribed authority shall be final. 

 

(6) A declaration which the prescribed authority has, by order, refused to 

confirm under sub-section (4) shall have no effect. 

 

(7) The prescribed authority shall forthwith inform the Bhoodan Board of 

every case of confirmation. 

 

(8) No person who has filed a declaration under sub-section (1) shall 

thereafter be competent to transfer or create any encumbrance on any 

land, in respect of which the declaration has been filed, unless and until 

an order under sub-section (4) refusing to confirm the declaration is 

made. Any transfer made or encumbrance created in contravention of 

this provision shall be void and in-operative. 

Donation of 

land  by way of 

Bhoodan  prior 

to the 

commencement 

of the Act. 

4.  

 

(1) Where any land has been donated by way of Bhoodan prior to the 

commencement of this Act, the Deputy Commissioner shall prepare a 

list of all such lands other than land to which the provisions of sub-

section (2)of section 3 apply, showing therein - 

(a)  the area, (b ) dag number, (c) location, (d ) name and address of 

the donor, (e) date of donation, (f) the nature of the interest of the 

donor in the land, (g) land revenue, (h ) local rate, (i) class of land, (j) 

if the land has been granted to any person by any organisation 

authorised in this behalf in pursuance of the Bhoodan Jajna, the name 

and address of the person to whom the land has been granted, (k) the 

date of the grant under sub-clause (j) , and (1) such other particulars as 

may be prescribed. 

 



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(2) The list so prepared shall be published in the manner prescribed. 

 

 

(3) Upon the publication of the list under sub-section (2) and not 

withstanding anything to the contrary in any law for the time being in 

force, 

 

(a) the right, title and interest of the donor in such land shall with 

effect from the date of donation be deemed to have been 

extinguished and the land to have vested in the Bhoodan Board as 

if a Bhoodan declaration has been duly made and confirmed in 

respect thereto , under and in accordance with section 3; 

 

(b) where such land has in pursuance of the Bhoodan Jajna has been 

granted to any person it shall with effect from the date of grant 

deemed further to have been granted to the grantee under and in 

accordance with the provisions of sub-section (1) of section 7. 

 

Effects of 

declaration of 

lands as 

Bhoodan lands. 

 

5.  

 

Notwithstanding anything to the contrary contained in any other law for the 

time being in force, with effect from the date of confirmation of the 

declaration, all rights, title and interest of persons whose declarations have 

been confirmed under sub-section (4) of section 3 in or over the lands covered 

by such declarations, shall cease and shall stand transferred to and vest in the 
Bhoodan Board . 

 

 

Establishment, 

incorporation 

and 

constitution of 

the State 

Bhoodan 

Board. 

 

6. (1) As soon as may be after the commencement of this Act, there shall be 

established by the State Government, by notification in the official 

Gazette, a Board to be called the "Bhoodan Board " for purposes of 

carrying out the provisions of this Act. 

 

(2) The Bhoodan Board shall be a body corporate with perpetual succession 

and a common seal and shall have power to accept, regularise and 

distribute lands received as Bhoodan . 

 

(3) The Bhoodan Board shall consist of the following members, namely ;- 

 

 

(a) 
1
[ The chairman shall be nominated by the State Government. 

However, if the State Government feels it to be necessary, Sarva 

Seva Sangha, Sevagram, Wardha, may be consulted.] 

 

 

 

 

 

 

 

 

 

 

1. Subs. by Assam Act No. XIII of 2000 



5 

 

 

 (b) 
1
[ The State Government shall have the following three 

representatives :-, 

(i) Commissioner and Secretary or Secretary to the 

Government of Assam, Revenue Department. 

 

(ii) Director of Land Records, Assam. 

 

(iii)  Director of Land Requisition, Acquisition and Reforms, 

Assam.] 

 

(c) one representative from the Assam Sarboday Mandal , 

 

(d) one representative from the Akhil Bharat Sarba Seva Sangha to be 

nominated by that body, 

 

(e) one representative from the Assam Gram Swarajya Samittee, 

 

(f) one representative from the Assam Gandhi Smarak Nidhi, 

 

(g) one representative from the Assam Khadi and Village Industries 

Board, and 

 

(h) one representative from the Kasturba Gandhi Rastriya Smarak 

Trust, Assam. 

 

(4) The Chairman and Members of the Bhoodan Board shall hold office for 

a term of three years from the date of publication of their name in the 

official Gazette and shall be eligible for re-nomination. 

 

(5) The Bhoodan Board shall hold its office at Gauhati but may hold its 

meetings at any place it considers expedient for conveniently carrying 

out its duties and functions. 

 

(6) The Bhoodan Board shall appoint one of its Members as Secretary. 

 

(7) The Bhoodan Board may delegate any of its powers and functions under 

this Act except the power to make regulations under section 19 to the 

Secretary or any Member or to a Sub-committee of three or more of its 

Members. 

 

(8) The State Government may, by order in the official Gazette, remove 

from office, the Chairman or any Member of the Bhoodan Board who, 

in the opinion of the State Government has failed to perform or is unable 

to carry out his duties, or has abused his position as a Member of the 

Bhoodan Board. 

 

 

 

 

 

1. Subs. by Assam Act No. XIII of 2000. 



6 

 

 

(9) Any vacancy of a Chairman or a Member caused by death, resignation, 

removal or otherwise shall be filled up for the remaining period of the 

term in the manner laid down in sub-section (3) of section 6. 

 

Duties and 

functions of the 

Board. 

 

7.  

 

(1)  It shall be the duty of the Bhoodan Board to distribute lands vested in it 

to the poor landless cultivators for the benefit and furtherance of the 

Bhoodan Jajna, in the manner  prescribed :  

 

           Provided that any town land vested in it may also be set apart for the 

use of the Bhoodan Board or the Sub-divisional Bhoodan Committee. 

 

(2)  The Bhoodan Board shall for the purpose and furtherance of the 

Bhoodan Jajna perform such other functions as may be necessary in 

respect of such lands. 

 

(3) Information of every case of distribution shall forthwith be sent by the 

Bhoodan Board to the local Revenue Officer. 
 

 

Supersession or 

Dissolution of 

the board. 

 

8. (1) If at any time, in the opinion of the State Government, the Bhoodan 

Board- 

 

(a) is not competent to perform or persistently defaults in discharging 

the duties or per-forming the functions assigned to it by this Act 

without reasonable cause or excuse ; or 

 

(b) exceeds or abuses the powers assigned to it under this Act ; or 

 

(c) is not functioning in a manner consistent with the provisions of this 

Act or the rules framed thereunder ; or 

 

(d) circumstances have so arisen that the Bhoodan Board is rendered 

unable to discharge duties or to perform functions assigned to it 

under this Act ; or 

 

(e) it is otherwise expedient or necessary to dissolve the Bhoodan 
Board ; 

the State Government may, by notification in the official Gazette 

stating  the reasons for its order- 

 

(i) dissolve or supersede the Bhoodan Board for such period not 

exceeding one year at a time, provided that before any such 

notification is issued, the Bhoodan Board shall be given a 

reasonable opportunity of showing cause why the proposed 

notification should not be issued, 

 

(ii) direct the reconstitution of the Bhoodan Board in accordance with 

the provisions of section 6 of this Act, and 

 



7 

 

 

(iii)  declare that all the powers and duties of the Bhoodan Board shall 

during the period of dissolution or supersession and until the 

Bhoodan Board is reconstituted be exercised and performed by 

such person or persons or authority as the State Government may, 

from time to time, appoint in this behalf. 

 

(2) The State Government may make such incidental and consequential 

provisions as may appear to be necessary for this purpose. 

 

Sub-divisional 

Bhoodan 

Committee. 

 

9. (1) The Bhoodan Board may for any Sub-division constitute Sub-divisional 

Bhoodan Committee consisting of not more than seven members who 

shall be appointed by the Bhoodan Board from among the Bhoodan 

workers who are resident in the area concerned . The appointment of 

these members shall be subject to the approval of the Government and 

shall be for a period of three years. 

 

(2) The Bhoodan Board shall appoint one of the members of the Sub-

divisional Committee to be its Chairman who shall also act as its 

Secretary. 

(3)  (a)    The Bhoodan Board may authorise any Sub-divisional Committee 

constituted under sub-section (1) to exercise in the area within the 

jurisdiction of such Sub-divisional Committee all or any of the 

powers, duties or functions vested in the Board by this Act as may 

be specified by general or special order and in like manner 

withdraw such authority ; 

       (b)  The exercise of any powers, duties or functions delegated under 

sub-clause (a) shall be subject to control and revision of the 

Bhoodan Board: 

        Provided that the dissolution or supersession of the Sub-

divisional Bhoodan Committees shall be subject to the approval 

of the State Government. 

(4)  The provisions of section 8 shall apply mutatis mutandis in matters of 

supersession or dissolution of the Sub-divisional Bhoodan Committees 

also. 

 

Funds of the 

Bhoodan 

Board. 

 

10.  

 

(1) The State Bhoodan Board shall have its own fund and may accept 

grants, donations or gifts from the Central and the State Government or 

any local authority or any individual or body of persons whether 

incorporated or not, for all or any of the purposes of this Act. 

 

(2) The moneys remitted in the Fund shall be received by the Chairman of 

the Bhoodan Board or by the Secretary of the Bhoodan Board if he is 

authorised by the Chairman in this behalf and all such money shall be 

deposited by the recipient in : - 

 

(i) the Assam Co-operative Apex Bank Limited, or 

 

 



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(ii) a post office Savings Bank. 

 

(3) All such deposits shall be made in the name of the Bhoodan Board. The 

Chairman of the Bhoodan Board or the Secretary appointed by the 

Chairman in this behalf, shall have the power to withdraw such 

deposits or any part thereof and operate on the Bank accounts. 

 

(4) No money shall be withdrawn from the Bank unless it is required for 

immediate payment for the purposes of the Bhoodan Board. 

Audit of the 

Board's 

accounts. 

11.  

 

The Bhoodan Board shall cause accounts to be kept of all moneys received 

and expended by it and such accounts shall be audited every year by auditors 
appointed by the State Board with the ' previous approval of the Government. 

 

 

Exemption 

from 

attachment or 

sale and from 

the operation 

of the Ceiling 

Act. 

 

12.  

 

(1) Land which is donated by a person making a Bhoodan declaration 

shall not, unless it is refused, be liable to attachment or sale in 

execution of any decree or order passed by a Civil Court against the 

donor of the Bhoodan Land . 

 

(2) The provisions of the Assam Fixation of Ceiling on Land Holdings 

Act, 1956 shall not apply in respect of lands donated by way of 

Bhoodan. 

 

 

 

 

Assam 

Act I of 

1957 

Status of the 

person to 

whom the land 

is granted and 

the condition 

on which the 

land is held. 

 

13.  

 

(1) The person to whom any land is granted under sub-section (1) of section 

7 shall have,- 

(a)  Where the interest of the donor was that of a proprietor, land-holder 
or settlement holder the status of a land-holder, 

(b) Where the interest of the donor was that of a tenant having 

permanent, heritable and transferable right, the status of an 

occupancy rayat. 

(2) The grantee shall hold the land subject to the following conditions, 

namely:- 

 

(a) the grantee shall not be entitled to transfer or sublet the land or any 

part thereof ; 

 

(b) the grantee shall not allow the land to lie fallow for two 

consecutive years without reasonable cause; 

 

(c) a grantee under clause (a) shall pay to the State Government land 

revenue and other dues, if any, on the land on due dates thereof; 

 

(d) any other condition which may be prescribed by the State 

Government in consultation with the Bhoodan Board. 

 

(3) The name of the grantee shall in the prescribed manner be mutated 

immediately after the information of distribution being received from 

 



9 

 

the Bhoodan Board under sub-section (3) of section 7 and recorded in 

the record-of-rights maintained by the Deputy Commissioner in the 

Jamabandi or the rent-roll, as the case may be, mentioning the fact that 

the land is Bhoodan land. 

 

Consequences 

of the breach of 

conditions. 

14.  

 

If the grantee commits a breach of any of the conditions mentioned in sub-

section (2) of section 13, the Revenue Officer may, after giving him an 

opportunity of being heard and after such enquiry as he deems necessary, 

terminate the grant and restore the land to the Bhoodan Board. 

 

 

Power to remit 

land revenue. 

15.  

 

The State Government may, if it is satisfied that any land vesting in the 

Bhoodan Board could not be granted to any person in any year, remit the 
land revenue due thereon for that year. 

 

 

Power to 

exempt from 

Stamp duty, 

etc. 

 

16.  

 

The State Government, by notification in the official Gazette, may remit- 

 

(a) the Stamp duty with which, under any law for the time being in force, 

any declaration of donation under section 3 or any instrument executed 

by or on behalf of the Bhoodan Board is chargeable ; 

 

(b) any fee payable by the Bhoodan Board or any owner who donates land 

under section 3 under the law for the time-being in force. 

 

Partition of 

holding. 

 

17. If the land donated forms a part of a holding, the Bhoodan Board or the 

grantee concerned may apply to the Revenue Officer for partition and the 

Revenue Officer may, notwithstanding anything to the contrary in any law 

for the time-being in force and after such enquiry as he deems necessary, 

partition the holding and demarcate the land and apportion the revenue or the 
rent, as the case may be. 

 

Power to make 

rules. 

18.  

 

(1) The State Government may, by notification in the official Gazette, make 

rules to carry out the purposes of this Act. 

 

(2) In particular and without prejudice to the generality of the foregoing 

powers, such rules may provide for- 

 

(a) the matters relating to the establishment and constitution of the 

State Bhoodan Board and the Sub-divisional Bhoodan Committees, 

nomination and appointment of Chairman or members thereto, as 

the case may be ; 

 

(b) incidental and consequential provisions to be followed on the 

dissolution or supersession of the Bhoodan Board or Sub-divisional 

Bhoodan Committee ; 

 

(c) the form of declaration of Bhoodan ; 

 

(d) the manner of publication of the Bhoodan declaration ; 

 

 



10 

 

(e) the manner of realisation of the arrear revenue ; 

 

(f) the manner of recording the name of the grantee in the record-of-

rights or the rent-rolls under sub-section (3) of the section 13 ; 

 

(g) the manner and mode of service of notices under this Act; and 

 

(h) the matters which are to be and may be prescribed. 

 

(3) Every rule made under this section shall be laid, as soon as may be after 

it is made, before the Assam Legislative Assembly while it is in session 

for a total period of fourteen days which may be comprised in one 

session or in two successive sessions, and if, before the expiry of the 

session in which it is so laid or the sessions immediately following the 

Assam Legislative Assembly agree in making any modification in the 

rule or the Assam Legislative Assembly agree that the rule should not be 

made, the rule shall thereafter have  effect only in such modified form or 

be of no effect, as the case may be; so however , that any such 

modification or annulment shall be without prejudice to the validity of 

anything previously done under that rule. 

 

Power to make 

regulations. 

19. (1) The State Bhoodan Board may, with the previous sanction of the State 

Government, make regulations not inconsistent with this Act or the rules 

made thereunder to provide for all matters for which provision is 

necessary for the purpose of giving effect to the provisions of this Act. 

 

(2) In particular and without prejudice to the generality of the foregoing 

power, such regulations may provide for- 

 

(a) the meetings of the Bhoodan Board, the conduct of business there-

at and  the procedure for disposal of its business ; 

 

(b) principles to be followed in distribution of lands vesting in the 

Board; 

 

(c) fixation of maximum limit for grant of land to any landless person; 

 

(d) scheme of distribution of Bhoodan lands ; 

 

(e) maintenance of the accounts of the Bhoodan Board; and 

 

(f) any other matter for which provision is necessary for the purpose of 

enabling the Bhoodan Board to discharge its duties and functions 

under this Act . 

 

  

 

 

  B. SARMA 

Secretary to the Government of Assam, 

Law Department.