Substitution of new sections for section 7.
"7. (1) Where any person transfers any land by sale, gift or otherwise (other than a bona fide sale under a registered deed for valuable consideration) at any time during the period referred to in sub-section (2) of section 6, the excess land in relation to such person shall be selected from out of the land held by him after such transfer and in case the entire excess land cannot be so selected, the balance, or, where no land is held by him after the transfer, the entire excess land, shall be selected out of the land held by the transferee:
Selection of excess land in cases of certain transfers.
Provided that where such person has transferred his land to more than one person, the balance or the entire excess land, as the case may be, shall be selected out of the land held by each of the transferees in the same proportion as the area of the land transferred to him bears to the total area of the land transferred to all the transferees.
(2) Where any excess land is selected out of the land transferred, the transfer of such land shall be void.
7A. Notwithstanding anything contained in any other law, every suit for the specific performance of a contract for the transfer of land, instituted after the appointed day and before the commencement of the Delhi Land Holdings (Ceiling) Amendment Ordinance, 1975 shall abate and no suit for the specific performance of any such contract entered into before such commencement shall be maintainable.".
Abatement of certain suits.
ft In section 10 of the principal Act,— Amendment of section 10.(a) for sub-sections (1) and (2), the following sub-sections shall be substituted, namely: — "(1) Where any excess land of a Bhumidhar vests in the Government, there shall be paid by the Government to the 744 THE GAZETTE OF INDIA EXTRAORDINARY [PART ii— Bhumidhar an amount calculated at the rates specified ill tile Table below, namely : — THE TABLE («)
(b) dlass of land Lard under assured irrigation arid capable of yielding at least two crops in a year.
Land under assured irrigation ar,d capable of yielding at least one crop in a year.
Any other land (including an orchard) Rates per For the first 3 hectares 5,coo 2,5CO 1,250 hectare in For the next 3 hectares 4,400 2,2CO 1,100 rupees For the remairirg area 4,oot> 2,000 1,000:
Provided that where such excess land or any pan tnereoi ia in. the possession of an. Asami, the amount payable in respect of the land shall be apportioned between the Bhumidhar and the Asami in such proportion as may be determined by the competent authority in the prescribed manner, having regard to their respective shares in the net income from such land.
(2) In addition to, the amount payable in respect of any excess land under sub-section (1), there shall also be paid an amount in respect of any structure or building, including wells, tube-wells and embankments constructed on such excess land and such amount shall be fifty per cent, of the market value of such structure or building and shall be paid tq the person who has constructed the structure or building.";
(b) in sub-section (3),—
(i) for the word "compensation" where it occurs in the first place, the words "an amount" and where it occurs in the second place! the word "amount'' shall be substituted;
(ii) for the words, brackets and figures "sub-section (4) of section 7", the words, brackets and figures "subjection (2) of section 7" shall be substituted;
(c) in sub-section (4),—
(i) for the words "the compensation", the words "the amount" shall be substituted;
(ii) the words "as compensation" shall be omitted;
(d) in sub-section (5), for the word "compensation", the words "the amount" shall be substituted;
(e) in sub-section (6), the words "of compensation" shall be omitted.
10 In section 11 of the principal Act, for the word "compensation wherever Toccurs, the word "amount" shall be substitutedAmendment of section IT- >'TC. 1} THE GAZETTE OF INDIA EXTRAORDINARY 745
11. In section 16 of the principal Act, for the words "to such persons", the woids and brackets "to such persons (preference being given to landless agricultural labourers particularly those belonging to the Scheduled Castes or the Scheduled Tribes)" shall be substituted.
Amendment of section 16.
12. In section 23 of the principal Act, in sub-section (1), for the words "shall be punishable with fine which may extend to one thousand rupees", the words "shall be punishable with imprisonment for a term which may extend to six months and with fine which, may extend to one thousand rupees" shall be substituted.
Amendment of section 23.
13, Section 26 of the principal Act shall omitted. Omission of section 26.
14. In section 27 of the principal Act,— Amendment of section 27.(p) in sub-section (2),—
(i) in clauses (g), (h) and (i), for the word "compensation", the word "amount" shall be substituted;
(ii) in clause (j), for the word "compensation", the words "any amount" shall be substituted;
(b) in sub-section (3), for the words "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 session immediately following", the words "which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid" shall be substituted.
15. (1) Subject to the provisions of sub-section (2), all proceedings relating to the determination of excess land and payment of amount therefor under the principal Act pending, immediately before the commencement of this Ordinance, before any authority shall be continued and disposed of in accordance with the provisions of the principal Act as it stood immediately before such commencement.
Saving.
(2) Nothing in sub-section (1) shall be deemed to entitle any person to hold after the commencement of this Ordinance, land in excess of the ceiling limit under the principal Act as amended by section 4 of this Ordinance and accordingly the provisions of the principal Act as amended by this Ordinance shall, after such commencement, apply to such person in relation to such, excess land.
FAKHRUDDIN ALI AHMED, President.
K. K. SUNDARAM, Secy, to the Govt. of India, PRINTED BY THE GENERAL MANAGER, GOVERNMENT OP INDIA PRESS, MINTO ROAD, NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI4 1979