LAND DEPARTMENT

General Guide line

Purchase of Land Is responsible for the legal work necessary for procuring land for the organization. Where legally possible all land should be registered in the name of Ánanda Márga or related trust/ foundation.

Sale, Lease / Rent of land No worker or márgii has right to mortgage, lease or sell the organisational land without a clear written permission of Central Land secretary duly approved by President and PP, if felt necessary to do so.

Records Land Department should keep all the deeds of lands owned by the organisation and update tax, rent payment receipt etc. Land Secretary of lower level must submit monthly report as to the legal status of land, utilisation, tax payment, income etc to higher level Land Secretary, who in turn is to submit the consolidated report to Central Land Secretary every month.

Duty of Land Department The accounts of all expenditure in connection with acquisition, maintenance, and tax payment etc of all the land of Ánanda Márga are to be treated as that of Land Dept.

Acquisition means expenditure incurred in connection with purchase, donation and registration of land. Land is to be rented etc. by Land Dept for its income. If there are no funds at the disposal of Land Dept it will get fund from General Dept as a loan, to be repaid in suitable installments.

Land Dept is to impose rent on other departments or sections or compound holders (for the entire outer compound) for the land used by them. Land Dept may collect either directly from the compound holder or from the section in-charge or through the section manager or through the departmental secretary or though our internal municipalities as Land Dept will consider feasible. In order to minimize the expenditure, time and labour in tax collection, the compound holder is to pay the tax for the entire outer compound. The rate of the land tax may vary according to the following order of importance: 1. Land used for industry purposes 2. Land used for office purposes 3. Land used for residential purposes, including inner compound intent for gardening (floriculture, horticulture, kitchen gardening) 4. Land use for other farms (agriculture, sericulture etc) 5. Land use for educational building, tribal welfare, building, medical building and relief building. 6. Land used for jágrti building.

Guidelines Regarding Land, Building and Other Immovable Properties

Land Our land is a most sacred place for spiritual and humanitarian activities of our great mission. It is to be considered as “Dharmiksthan” most sanctified abode of a socio spiritual organization. Hence it is non transferable and non negotiable for any kind of sale or exchange. The authentic and lawful owner in absolute possession of all kinds of lands is the Ánanda Márga Pracaraka Saḿgha (Regd.) Central. Registration and legal documents must be in the same name represented by General Secretary or by his authorized person.

Some guidelines in connection with land and property

1. Registration A) First ascertain properly the defacto and de jure rights of the present owner (seller or donor) that there is no dispute or litigation arising out of the land. You must secure a legal certificate in this connection from the land or revenue dept. of the concerning govt. Remember most important is the de jure rights (real possession) which should be physically verified. You should also verify that the land in question does not violate the ceiling limit, if any and the same or a portion of it is not recorded as share croppers land within or without the knowledge of the owner.

You should inquire further whether there are areas of tax rent etc. against the said land from the proper offices. If there are such areas it will be the duty of the present owner to clear the entire amount of the areas before registration.

B) In the case of a joint property or family property, ascertain and secure the selling right or power of attorney in favor of the present owner or executor of the deed.

C) Engage a competent, experienced and knowledgeable lawyer or solicitor for verification, preparation of documents other legal work etc. in connection with registration.

D) In case a particular piece of land is being purchased, the final payment as agreed upon should be made only at the last stage of legalization of the document; preferably in the courtroom or in the advocates’ chambers.

E) In case there is any negotiation, settlement or agreement for installment payments or deferred payments by way of montage or pledge to the bank, prior written permission must be taken from the land Secretary Central and General Finance Secretary before registration, because as per the extant rules, no loan can be incurred by anybody without prior permission. It is preferable to purchase the land if so desired, directly on the basis of full payment at a time instead of taking resources to any risky or future at stake method.

F) If land in question falls within the jurisdiction of a within the jurisdiction of a municipality, corporation or metropolis, ascertain whether there is any notification regarding the take over of the land or the area concerned. If so, obtain a no objection certificate from the improvement trust, metropolitan development authorities, and corporation, Land Requisition or Acquisition Dept. etc./

G) Before registration, you must insist on the measurement of the land by the authorized (Land measurer) in the presence of the present owner and fix the boundary pillars then and there.

2. Mutation of land or post registration process

A) The real right over the land is established not merely by registration or legalization of documents, which is of course the first and foremost step. This right is acquired in reality after the mutation or final settlement of the new owners name in the Govt. revenue records. Therefore utmost care is to be taken to complete this post registration mutation process as early as possible.

B) First secure and keep very carefully the receipt or slip issued by the government land registration department, on the basis of which you will receive or claim the authentic copy of registered deed from the dept. later on. Even on the day of registration you can apply for the certified copy of the deed and consequently procure the same and Xerox copies of which should be sent to concerned persons.

C) After you get the authentic and original registered deed or a certified copy of the same you can apply for and initiate the process of mutation in the concerned section of the govt. you must pursue the matter vigorously till you secure the mutation certificate. Remember you will be given notice at an appropriate time by block or sub divisional land revenue officer or tax assessment officer of municipalities /Corporation for physical appearance or representation for this mutation as well as for furnishing the documents on behalf of you. You must not miss this.

D) Never fail to send the original copies of the registered deed, certified copy and mutation certificate to the Central Office (Land Secretary) on receipt of the same immediately. You can keep with you the Xerox copies or attested copies and get the original documents from the Central Office whenever required. This will ensure the safe custody of the valuable documents from the chances of theft, loss or tampering with.

E) Always remember and remain ever alert to deposit yearly or periodically, land tax or land revenue to the appropriate department of the concerning Govt. You can of course apply for the waiver of the taxes as ours is a charitable organization.

3. Utilization

A) A land is donated to us or purchased by us for specific purposes i.e. to start jágrti, yoga center, school, relief, welfare center, master unit, office, progressive farming, etc. Therefore utilization of each piece of land is the sole responsibility of the concerning dept., section, wing unit or bhukti. If any such dept. etc. fail to utilize the land within a specified period then the concerning dept. will be divested of the Utilization right on payment of compensation and the same land will then be transferred to general farm dept. In particular case or in general cases our land department, if so desires, may ask the concerning department to execute an internal agreement on court papers regarding the mode of utilization of the land. The idea is that our land or such kind of immovable properties cannot lie unutilized even for a second.

B) While the negotiation for a gift or the purchase of the land is at the final stage, the present owner (lessor) may be asked to erect a boundary wall (pucca that is permanent) on our coast or on their cost as the case may be. Otherwise your first duty after the registration is done is to erect a boundary wall within 72 hours at any cost. This can be easily done by voluntary labour of the followers and the sympathizers who may be asked to the assemble in connection with an Akhanda Kiirtana program there. Remember that there is no necessity to wait for permission from any authority to construct a boundary wall on our own land (which is a natural right) even if the same is of a permanent nature.

C) You should plant trees around the boundary wall and take due care for their healthy and luxuriant growth. There are some compulsory trees which must be planted in every compound as has been directed by revered Bábá. You should write to General farm secretary for necessary guidance in this connection with relevant information regarding location of land, nature of soil, availability of water source etc.

D) If you are not in a position to construct even a temporary structure (house) for a certain period on the land then cultivate the land for agricultural purposes all throughout the year if water is available, or at least in rainy season. In this respect also you can write to General Farm Secretary for guidance.

E) Fix a sign board near the boundary which should read like, site for Ánanda Márga Jágrti Bhavan, etc.

4. Construction

A) There are 2 types of construction on land, - Temporary and permanent. For temporary construction you may not require any permission in most of the cases. Even if the same is required the permission is of a formal nature which can be obtained very easily from the local authority. Remember ours is a religious denomination as observed by the honorable Supreme Court of India and therefore it is our spiritual or religious right to utilize our land for dharmic purposes’ (spiritual or humanitarian purposes such as Dharma Cakra, Tattva Sabhda, charitable dispensary, Sadavrata etc.) according to which we are eligible enough to put a thatched roof on mud walls or build such kind of temporary structure in all circumstances.

B) For permanent construction, (pakka with concrete roof) you are to take help from an authorized engineer to prepare a plan or design for a building according to your requirements. Then you are to submit the design to the competent authorities (municipality, corporation, painchayet etc.) for the approval of the plan. For this you may be required to deposit a certain amount of fee against which and against the design you submitted to them for the approval, you must secure acknowledgment of the receipts of the same. After the approval is given you may start the construction of the building keeping in mind the statutory provision or guidelines issued by the local authorities. Remember, the design you submit for the approval should be of a full fledged building with the provision of 2 or 3 storey and scope for further extension in the future.

C) If there is any delay (say more than 1 month) pursue the matter in person or send official reminders. If there is further delay and / or the delay is caused due to bad immoral or illicit motive of a person or persons or vested interested section, then matter to your immediate authority and also to central Office.

Of course you are eligible to start the construction of building after waiting for a reasonable period from the date of submission of design (as permitted by law) and after giving a legal notice to the govt. or local authorities to this effect.

D) As ours is a charity based organization so we can’t afford to construct a big and sprawling building at the very outset unless it is so necessitated or there is sufficient amount of collection ready in hand for the same. Therefore it is always better to begin with humble plan to construct 2 rooms or even 1 room according to the arrangement of fund by the Unit or the Institution. The building may be extended on the basis of suitability, requirements or availability of funds in future.

After the construction of 1 or 2 permanent rooms (boundary wall already existing) the land is considered to be safe and secured finally.

E) According to the instruction of revered Bábá our all buildings and compounds are basically Jágrti Bhavan (meant for spiritual purposes) where other humanitarian activities are conducted. Therefore there should be at least 2 sign boards – 1 like “Ánanda Márga Jágrti Bhavan: and another like “Ánanda Márga Primary School” etc. as the case may be.

F) You should follow the construction guidelines issued by our Construction Department or Dharma Pracára Department for the construction of Jágrti, etc.

5. Some Additional Instructions

A) Make a thorough review of the position of lands buildings or other márgiiya immovable properties under your Jurisdiction according to the above mentioned guidelines and take immediate needful steps where you are lacking. Be particularly careful regarding guidelines as mentioned in mutation (2) and utilization (3) paragraphs. Leave no stone unturned to erect the boundary wall on the existing land immediately if not so done.

B) Send original copies of land documents to the Central Land Secretary without any further delay. If you are still possessing the same. Please inquire if the original documents are with any local márgii, B.P. etc. If the same is not available at your disposal, send the certified copies of those documents. B.P. (Gen.) must maintain the Xerox copies of all land documents in his/her office.

C) As you have a very limited capacity for fund, so you should prefer for the donation or gift of the land for our Different humanitarian causes as far as practicable. For master unit for which we require minimum 5 or 10 acres of land, we have no other way than to depend upon gift unless there is a special circumstance to buy the same. In fact, most of our landed properties are not of donation or gift from generous parties to us. Of course we are free to purchase the lands for Jágrti or schools etc. (which may not require a big area) according to financial capacity of a unit or the institution.

D) Renting of jágrti room or rooms or a portion of building or premises is strictly prohibited unless it is so necessitated or permitted by the higher authorities in order to fulfill the earlier obligation of mortgage payment or installment payment. If you are to yet regularize your self in this connection, please send an application to land and Building secretary central with necessary details.

E) As mentioned in the beginning, the sale or exchanges of our land or immovable properties are not allowed according to Desire of Revered Bábá. If it is so necessitated under a very special circumstances you are to justify in your application stating clearly how the organization property in addition to that of the exchanged one or newly purchased one, fund for which should be arranged from the sale proceeds of the previous properties./

F) If you are yet to formalizes or legalize the ownership of the Mission in the case of any landed or immovable properties belonging to the organization in any country, please do so at the earliest opportunity. Too much delay may hamper the very basic goal for which the property is arranged.

G) You should acquaint yourself with the following Act or Acts or Statute Books which are relevant to deal with any land Matter./

1. Land Reforms Acts & Rules 2. Estate Acquisition Act 3. Law of Acquisition and Requisition 4. Land Ceiling Act (urban, agricultural and other lands) 5. Transfer Properties Act 6. Law of Adverse Possession 7. Special Land Acts, Tenancy Acts relating to Schedule Tribes, Hill Areas 8. Succession Acts 9. Local Government Acts/ Autonomous District Council Acts and Rules 10. Benami Transaction Act.

6. Reports Each WT (RS/DS/DTS) is required to send monthly land report to sector and/or to center (general) is to do so half yearly (at the time of two DMS in Ánanda Nagar). The items are like the following: * Name of village, mauza (revenue demarcation), block tehsil (subdivision), district * Amount of land in possession or on record * Description of land - low / high/ homestead / fertile/hilly etc. * Land is purchased or donated * Proposed use * Date of registration * Position of registered deed, certified copy, etc. or whether the same one sent to central in originals * Position of mutation and whether mutation certificate is sent to Central in original. * Whether there is boundary wall or not * Whether there is boundary plants or compulsory plants or agricultural activities or not * Position and description of temporary or permanent building on the land * Present use of land (if lying unused mention the steps taken for immediate utilization). * Whether land Revenue Tax deposited up to date or not * Whether any dispute, litigation or encroachment of land is there and steps taken for the same. * If any earlier obligation like mortgage etc. are there mention terms and conditions, periodicity etc. * Remarks 7. There should be Jágrti Land and Jágrti Bhavan in each and every Village of your Jurisdiction.

The Land Department is responsible: * To buy, lease or mortgage either big or small plots of lands. * To collect revenue from minerals, waters and any natural resources extracted from lands. * To survey and assess the values of lands.

Land Secretary

Central Land Secretary General Secretary (SS)

Sectorial Land Secretary Sectorial Secretary (SS
)

The duties and responsibilities of Land Secretary 1. To arrange to get land by donation or purchase or other means and to register it. 2. To maintain proper records of registration, maps and other records as per our organisational procedure. 3. To divide the land into sectors (in case of big projects) outer compounds, inner compounds etc. and arrange for fencing or boundary lines. 4. To arrange timely payment of taxes to the proper authority. 5. To ensure proper utilization of land in consultation with Construction Dept, Farm Dept, Industry Dept and Commerce Dept. 6. To effect development of land by making necessary arrangement. 7. To fix taxes and receive them from the users of the land. 8. To acquire sufficient land in each and every Dit of the world in order to start the model or regional centre. 9. To secure land for starting school, jágrti etc wherever we do not have any Ánanda Márga unit.

Monthly Reports to Submit

Five Common 1) Initiation Mention the Name and Surname, address, tel. number, e-mail address, date of birth and the date of initiation, and specify if it is Nama Mantra or First Lesson.

2) Follow up Review of lesson. Specify which lesson was reviewed and or which lesson was given.

3) DDC Door to Door Contacts

4) WT/LFT Creation Whole Timer & Local Full Timer sent to Training Center since last report.

5) Fund Collection Either regular or special donation received; excluding income from commercial activities such as selling books, CDs, yoga classes, renting rooms, etc.

Finance Reports a) Personal Income and Expenditures b) Project/S under Direct Supervision

Post Tour Out-Turn * Consolidated explanation of date and places visited and work done.

Tour Program * Consolidated date and places to visit and the work intended to accomplish.

Regular Dues

Targets

Land Structural Side ACB Jurisdiction &Logistic Operation

* Central LAND Secretary ACB Central Level Jurisdiction

* Sectorial LAND Secretary ACB Sectorial Level Jurisdiction

* Regional LAND Secretary ACB Regional Level Jurisdiction

* Diocese LAND Secretary ACB Diocese Level Jurisdiction

* District LAND Secretary ACB District Level Jurisdiction

* Block LAND Secretary ACB Block Level Jurisdiction

* Paiñcayat LAND Secretary ACB Paiñcayat Level Jurisdiction

* Village LAND Secretary ACB Village Level Jurisdiction

Land Sectorial Ácárya Jurisdiction and Logistic Operation

he Sectorial land Secretary is

Ác. Avt.

Has been posted in Manila Sector on

His main Office is located in

Address

Contact