DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document.
The Delhi Land Reforms Act, 1954 Act 8 of 1954 Keyword(s):
Charitable Purpose, Delhi Town, Estate, Gaon Sabha Area Fund, Khudkasht, Uneconomic Holding THE DELHI LANb ~ZEF'ORMS ACT, 1954.
[20th July, 1954r An Act to provide for modification of zamindari system so as to create an uniform body of peasant proprietors without intermediaries, for the unification of the Punjab and Agra systems of tenancy laws in force in the State of Delhi and to make provision for other matters connected therewith.
Be it enacted by the State Legislative Assembly as £01- lows : - Preliminmy Short title, 1. (I) This Act may be called the DeThi Land Reforms extent and Act, 1954.
commencement (2) I t extends to the whole of the Union temtory of Delhi, but shall not apply t o -
(a) '[the areas which are or may before the first day of November, 1956 be] included in a Municipality ,'or a Notified Area under the provisions of the Punjab :Municipal Act, 1911, or a Cantonment under the provisions of the Cantonments Act, 1924,
(b) '[areas] included in any estate owned by the Ceitral Government or any lwal authority, and
(c) areas held and occupied for a public purpose or a work of public utility and declared as such by the Chief Commissioner or acquired under the Land Acquisition Act, 1894, or any other enactment other than t h i ~ Act, relating to acquisition of land for a public purpose, I (3) It shall come into force at one. 1 I
(4) The declaration of the Chief Commissioner underclause (c) of sub-section (2) shall be conclusive evidence that the land is held and occupied far a public purpose ar.
a work of public utility.
R@. 2. (1) The following Acts, in so far as they apply to areas to which this Act extends, are hereby repealed-
(i) the Punjab Tenancy Act, 1887, as modified by Punjab Act No. 9 of 1939, ---.-- "&bs. by s. 2 of Delhi Act 16 of 1956, for tlre words ''The arzas which".
2Subs. by s. 2 tjf Oentral Act 4 of 1959, for the words "areas, controlled, notifid, t I held, occupied or omed by the Delhi, improvement Trust" (w.e.f. 20-7-1954).
58 The Delhi Land Reforms Act, 1954 59 (Chapter I-Preliminary)
(ii). the Agra Tenancy Act, 1901, (iiij the Punjab Tenants (Security of Tenure) Acl, 1950,
(iv) .the Punjab Land Revenue Act, 1887, in so far as its provisions are inconsistent with this Act.
Qv) the U.P. Land Revenue Act, 1901, in so far as its provisions are inconsistent with this Act, and
(vi) SO much of any other law or of any rule having the force of law for the time being in force as is inconsistent with the provisions of this Act.
(2) Notwithstanding such repeal, anything done or action taken in exercise of any power conferred by or under any of the Acts aforesaid, to the extent of its being consistint with the provisions of this Act, shall be deemed to have been done or taken in exercise of the powers conferred by or under this Act as if this Act was in force on the daj on which such thing was done or action was taken.
3. In this Act, unless the Cantext otherwise requires,- Definitioas, '[(I) "agricultural year" or "fasli year" means the year commencing ' ~ n the 1st day of July and ending on the 30th day of June];
(2) all words and expressions used to denote the possessor of any right, title or interest in land, whether the same be proprietary or otherwise, shall be deemed to includz thz predecessors and successors in right, title or interest of such.
possessor; ,
(3) 'kharitable purpose" includes relief of the poor,.
education, medical relief or the advancement of any ather object d general public utility, but does not include a pxpose which relates exclusively to religious teaching or worship;
(4) "decree" has the meaning assigned to it in the Code of Civil Procedure, 1908;
' [ (5 ) "Delhi town" means the areas which immediately before the' establishment of the Municipal Corporation of Delhi were included in the limits of Delhi Municipality. Civil Station Notified Area, West Delhi Municipality and the F c y t Notified Area];
'[(6) "Deputy Commissioner'' inclutlss--
(ii) an Additional Collector;
,- *Subs. by s. 3 of CenZral Act, 4 of 1959.
'Subs. by s. 2(a) of Central Act, 1 of 1966 (retrospc&a& -5-1 Belhi Adm./70 60 The DeUzi Land Reform Act, 1954 (Chapter I-Preliminary) (iiij a Revenue Assistant empowered by the Ckuef Commissioner by notification in the official Gazette .tl;
discharge all or any of the functions of a Deputy Commissioner under this Act; and
(iv) an Assistant Collector of the first grade or class empowered as aforesaid;]
(7) "~conomic holding" is a hdding which is not an w-economic holding;
(8) "estate" means the area inzluded under one entry in any of the registers prepared and maintained under clauce
(a), (b), (c) or (d) of section 31 of the Punjab Land Revenue Act, 1887, or sectioo 32 of the U.P. Land Revenue Act, 1901, .and includes share in or of an estate;
(9) "gaon sabia area fund" mans the fund of the gacn sabha area constituted or established under section 150 of this Act;
(10) "gaon sabha" and "gaon panchayat" mean the gaon sabha and the gam panchayat established under sections 150 and 151 respectively d this Act;
(11) ' 'g~on sabha area" means the gaon sabha area constituted under section 150 of this Act;
'[(l la) "holding" means-
(a) in respect of-
(i) Bhumidar or Asami; on
(ii) tenant or sub-tenant under the Punjab Tenancy Act, 1587, or the Agra Tenancy Act, 1901; or
(iii). lessee under the Bhoodan Yagna Act, 1955, a parcel or parcels of land held under one tenure, lease, engagemerit or grant; and f (b) in mpect of proprietors, a parcel or parcels of land held as sir or khud-kasht"].
(12) "imprwement" means with reference to a holding-
(i) a dwelling house erected on the holding by t l ~ tenure-hdder for his own occupation or zny sther coa- ' structicns erected or set up by him on the hdding for purposes connected with agriculture, horticulture 01" , 'animal husbandry which includes pisciculture and poultry farming;
(li) mj work \vhich adds materially to ths value of the holding and is cozcistent with the purposes aforesaid, which if not executeri ~ r l the holding, is either executed directly for its benefit or is, after execution, made directly beneficial to it; and subject to the foregoing provisions 0% this dause, includes-
(a) the construction of well, water channeIs and other works for the supply or distribution of water for the purposes aforesaid;
i~ns. by s. 3 of Delhi Act 16 of 1956.
7he Delhi Land Refcrrms Act, 1954 61 (Chapter I--Prelimitmy)
(b) the construction d works for the drainage of land or for the protection of land from floods or from erosion or other damage by water;
(c) the rezlaiming, clearing, enclosing, levelling or terracing of land;
(d) the erection in the immediate vicinity of the holding otherwise than on the village site, of buildings required for the convenient or profitable use or occu- Gagon of the holding;
(e) the construction of tanks or other works for the storage of water for purposes aforesaid;
(f) the planting of trees and groves on the holding;
(g) the renewal or reconstruction of any of the foregoing works or such alterations therein or additions thereto, as are not of the nature of mere repairs :
Provided that such water channels, embankments, enclosures, temporary wells, or other works as are made by a tenure-holder in the ordinary course of his requirements for purLmses aforesaid, shall not be deemed to be improvements;
'[(12A) "Khudkasht" means land (other than Sit) cultivated by a proprietor either by himself or by servants or by hired labour,-
(a) at the commencement of this Act, or
(b) at any time during the period of five years immgdiately before the commencement of this Act, whether M not it was so cultivated at such commenement, provided that it has not, at any time after having been so cultivated, been let out to a tenant];
(la) "fal~d" except in sections 23 and 24, means land held qr occupied for purposes connected with zgriculture, horticulture or animal husbandry including pisciculture and poultry farming and includes-
(a) buildings appurtenant thereto, '
(b) village abadis,
(c) grovelands,
(d) lands for village pasture or land covered by viater and used f,or growiflg singharas and other produce or laxi in the bed of a river and used for casual or occasional cdtivaticm, but does not includeland occupied by buildings in belts of areas adjacent to Ddhi t o m and New h l h i town, which the Chief Cornmissioner may by a notification in the official Gazette declare as an acquisition thereto;
'Ins, by s. 3 of Central Act 4 of 1959. (w.e.f. 20-7-1954).
62 The Delhi Land Reforms Act, 1954 I (Chapter I-Preliminary) ' (14) "legal representative" has the meaning assigned to it in the Code of Civil Procedure, 1908;
t (15) "New Delhi town" means the areas included in.
the limits of the New Delhi Municipality and Delhi Cantonment;
(16) "prescribed" means prescribed by rules made under this Act;
1~
(17) "proprietor" means as respects an estate a person #wing, whether in trust or for his own benefit the estate and includes the heirs and successors-in-interest of a proprietor;
(18) "proprietor's grove" means grove-land held or occupied by a proprietor as such; ,
(19) "religious purpose7' includes a purpose cmeetcd with religious worship, teaching or service or with the wr.
formanca of religious rites;
'[(19A) "Revenue Assistant" includes any Assistant Collector of the first grade or class empowered by the Chief Commissioner to perform all or any ofithe functions of a Revenue Assistant under this Act];
(20) "standard acre" means a measure of area convestible into ordinary acres of any class of land according to the prescribed scale with reference to the quantity of yield and quality of soil;
(21) "state" mqns the '[Union territory] of Delhi;
(22) "uneconomic holding" means a nolding of less than eight standard acres which, according to local conditions, is not sufficient to maintain a family unit consisting of a person, his minor children, his wife or her husband, as the case may be, and if the person himself. is a minor, his fathtr and mother;
(23) "village" means any local area whether wmpact # otherwise recorded as a village in the revenue records d the Delhi State and includes an j ares which the Chief Commissioner may, by a general or special order published 9 the official Gazette, deldare to be a village;
(24) words and expressions. _grove, grovz-holdzr. rent, cess Sir, '[****I rent-free grantee, landholder, ex-proprietary tenant, occupancy tenant, ncm-occupancy tenant, sub-tenact, 4[****] and crops or any other expressions, not defiaed In this Act a_qd used in the Agra Tenancy Act, 1901, or & Punjab Tenancy Act, 1887, shall have the meaning assigned to them in the b r a Tenancy Act, 1901, or the Punjab Tenancy Act. 1887, according as the context refers to the Shahdara or the remaining circles; --- 'Subs. by sec. 2(b) of Central Act 1 of 1966 (retrospectivelj-).
' 'Subs. by A.O. (No. 5) 1957 for the words "State of Delhi".
' 'The word "Khudkasht" rep. by s. 3 of Central Act 4 of 1959, (w.e.f, 20-7-1954).
T h e woad "holding" rep. by s. 3 of Delhi Act 16 of 1956.
The Delhi Land Reforms Act, 1954 63 (Chapter I-Preliminary.-Cltapter II-A. Tenures) !
(25) words and expressions, land revenue, '[***I and Tahsildar, not defined in this Act and used in the U.P. Land Revenue Act, 1901, or the Punjab Revenue Act, 1887, shall have the meaning assigned to them in those Acts, as the chse may be.
4. (1) There shdl be, for the purposes of this Act, only ~~~~~$~ orre class of tenure-hoTder, that is to say, 'Bhumidhar' an3 sub-tenure.
one class of sub-tenure bolder, that is to say, 'Asami'.
(2) Tenure holder mears a person who holds land dlrectly under and is l iab1~ to pay land r-venue for that land to the State, and sub-tenure hdder is a person who holds land from a tenure-holder or Gzon Sabba and is liable to pay rent therefor to the tenure-holder or a Gaon Sabha:
'[Provided that land given in exchange to a tenureholder or a sub-tenure holders, as a result of consolidation of holdings, shall for the purposes of this Act be deemed lo be land originally held by the teiiure holder or the subtenure holder, as the case may be].
5. Every person belonging to any of the following c!as- Bhurnidhar.
ses shall be a Bhumidhar and shall have all the rights and be subject to all the liabilities conferred or imposed cwon a Bhumidhar by or under this Act. nsmeg : -
(a) a proprietor holding Sir or Khudkasht larrd "[****I a proprietor's grove holder, an occupancy tenant under section 5 of the Punjab Tznancy Act, 1887, paying rent at revenue rates or a person holding land under Patta Dawami, '[or Istamrari] with rights of transfer by sale, who are decIared Bhumidhars on the commencement of this Act:
(b) every class of tenants otier than those referrzd lo in clause (a) and sub-tenants who are declared Bhumidhars on the commencement of this Act; or
(c) every person who, after the commencement of this Act, is admitted to land as Bhumidhar or who acquires Bhumidhari rights under any provisions of this Act.
P me word "Revenue Assistant" rep. by s. 3 of Cenlral Act 4 of 1959. (w.e.f.
Wi-7-1954).
I n s . by s. 4 of Delhi Act 16 of 1956.
T h e words "under his cultivation" rep. by s. 4 of Centrhi Act 4 of 1959. (w.e.t %?- '-954).
%C words "or Istarnrari" Ins. by s. 4 of Central Act 4 of 1959. (w.e.f. 20-7-1954).
The Delhi Land Reforms Act, 1954 (Chapter ZZ-A. Tenures-B. Acquisiti~n of certain ri,gktts of proprietors)
6. Every person belonging to any of the following classes shall be an Asami and shall have all the rights and be subject to all the liabilities conferred or imposed upon an Asami by or under this Act, namely-
(a) every pcrson who, in the agricultural year immediately &fore the commencement cf tkis Act, LY- $ped or held land-
(i)! as a non-occupaac4 tenaht of proprietor's grove;
(ii) as a sub-tenact of tenant's grove:
(iii) as a noa-occupancy tenant of pasture land.
or of land covered by water and used for the purpose of growing singhara and other ~:32uce or land in the bed of a river and used far carnal or occasional cultivation;
(b) every person who, in accordance with the provisions of '[section 36 or section 65Aj, becornes a lessec of land comprised in the tenure of a Bhurnidhar referred to in that secti~n;
(c) every person who is admitted as a lessee of land referred to in sub-clause (iii) of ciause (a) by the G a m Sabha or a person authorised to do so under ihc provisions of this Act:
, (d) every person who is a tenact of Sir Dr a subtenant of an occupancy tenant uader secticl 5 of :h~_ Punjab Tenanlsy Act, 1887, or of a Pattada~ Dawami or Istamrari, with right of transfer by sale, ssho belongs to any of the categories of persons referred to in ss5- section (2) of section 10, and every person who is a subtenant of tenants refe~red to in clauses (a), (b) had (c) a qf sub-section (1J of section 12 to whcm rhe ~rrovision o't sub-section (2) of section 10 applies; and
(e) every person who acquires the rights of an Asami under any other provisions of this Act.
1 B. Acquisition df certain rights of proprietors Rights of 7. (1) All rights of an individual proprietor or proprie- ProPnetors tors pertaining to waste lands, grazing or collectica of fsrest in waste produce from forest or fish from fisheries lands of commcn , lands, pasture utility, such as customary common pasture lands, cremation lands of or burial grounds, abadi sites pathways, public wells, tanks ammon and water channels, or Khalihans, whether coyered by an etc. existing contract Setween such proprietor or proprietors and to vest in c+aon Sabha any other person Or not, shall with effect from the commenand corn- cement of this Act be terminated in accordance with the Pensatlon to provision d sub-section (2) and the said contracts, if any.
pmd for shall become ~ o i d with effect from such commencement:
1 them.
"Subs. by set. 2 of Cntral Act No. 38 of 1965. 1 \ I The Delhi LaacE Reforms Act, 1954 65 ) (Chapter ZI-B. 4 cquisiti~n of certain rights of Proprietms) '[Provided that where such land was as a result of consolidation of holdings made avaiiable for use for any purposes other than those referred to in this sub-seclion, land kept aside in exchange thereof, as a result d such consolidation, siail for the purposes of 15% Act L% deemed to be land originally meant far purpcsss referred to in 1h;s subsection].
Expimzation,-For the purposes of this sub-section-
(i) "waste land" shall include cultivable 2nd uncultivable waste ar2a of tbe vlilage YE"**] '[icciuding any land in the bed oE a river, occ~pied or he12 by sn Asami referred to in sectioa 6:a) (iii) of the Act] '[excez the uncultivated areas--
(a) included in the holdiags of such proprietor or proprietors, or
(b) used for purpose., other than those mentioned in clause (13) of sectics 3, at any lime b-fore ihz 28th day of Octolber, 1956, c r
(c) acquired by a bona f?de purchaser for valse at any time before the 28th day of Cktolier, 1956, for purposes other than thasp, mentimed in slause (131 of section 3;
(ii) "lands of cornmoil utility" shall include such lands as are recorded as such at the last settlenleot or have bcen 0: would have been customarily recorded as such on 1st July, 1950.1
(2) On the commencement of this Act, the Deputy Commissioner shall pass an order in r e s p t of the proprietor or proprietors of each village either singly or collectively divesting the individual proprietor or propretors of the rights mzntloned in sub-section (1) and vesting those rights in the Gaon Sabha YE"**] or in any person or authority appoinred by the Chief Commissioner under section 161 with etfzct from the commencement of this Act and stating that a compensation equal in v a l u ~ to four timns the amount of annual land revenue assessed at the last settlement for the cultivable and uncultivable waste area of the village '[****I shall be paid by the Government to the proprietor or proprietors concemed.
qns. by s. 5 of Delhi Act 16 of 1956.
m e words "recorded as such on 1st July, 1950" rep. by s. 5 of Central Act 4 05
1959. (w.e.f. 20-7-1954).
' I~s . by s. 5 of Delhi Act 16 of 1956.
4subs. by s. 5 of Central Act 4 cf 1959 for the words ''3xcept the uncultivated areas included in the holdings of such proprietor or proprietors". (W.e.f. 20-7-1954).
me words "consisting of all the adults residents of th? village" Rep. by s. 5 of Central Act 4 of 1959.
The Delhi Land Reforms Act, 1954 (Chapter II-B. Acquisition of certain rights of Proprietors) I '[If no such assessment of Iand revenue was made at the last settlement the rate of land revenue applied at the last settlement for similar areas in any other village in the came assessment circle shall be taken to be the rate of Iand revenue applicable to such areas or failing this the rate of land revenue applicable to such areas shall be computed at 75 per cent. of the land revenue assessed on the lowest class of soil in the vi2tage.l he amount of compensation shall be calcdatedfor each village for the respsctive proprietor or s in accordailce with ruks made uul.id:r this Act and payrnents t;2?1-~3f shall bc mltde in srch ~urnber of annual ir,staIrr,ents, '[not exceeding £cur, as the Chief Commissioner may determine, the first of which shall be paid-
(a) in any case where such calculation has been made before the date on which the D'elhi Land Reforms (Amendn~ent) Act, 1959, receives the assent of the President, on the first day of the fasli gzar next folllow~ng such date; and
(b) in azly other case, on the first day of the fasli year next follovving the date of such calculation.]
'[(4) Where the amount of compensation is not paid by the due date specified in sub-section (3), such amount shall be paid with interest thereon at the rate of 23 per cent. per annum from the said date until payment.]
Private 8. (1) All private weHs in or outside holdings, aII tanks, wells, trees grovers and abadis, a!l trees in abadi. and all buildings situate in abadi within :he limits of an estate belonging to m held by a pro- flnd build- ~ngs. prietor tmenant or other person, whether residing in the village or not, shall continue to belong to or bc heid by suzh proprietor, tenant or person. as the case may be, on such terms .
conditions as may be prescribed by the Chief Cornm:ssroner.
(2) d[lrces planted by a pcrson other than a proprietor of land other than land comprised in his holding shall continue to belong to or be held by such p e r m on such terms and conditions as may be prescribed by the Chief Ccsnn~issioner].
Power to 9. The Chief Commissioner may make Yules for the purpose of carryhg into effect the provisions of this chapter.
'Ins. by s. 5 of Delhi Acr 16 nf 1956.
'Subs. by s. 5 of Centrd Act 4 of 1959 for the words. "not exceeding two, as the Chief Commissioner may &termlne, commencing from the fasli year next following the commencement of this Act." (w.af. 20-7-1954).
"ns. by s. 5 of Central Act 4 of 1959, (w.e.f. 20-7-1954).
'Ins. by s. 6 of Delhi Act 16 of 1956.
'For Delhi Land Bforms Rules, 1954, see Notification No. F. 3(16)/54-GA&R.
dated the 11th Novembe., 1954. See Deihl State Gazette. Part V. dated 20-1-1955, p. 7.
The Delhi Land Reforrns Act, 1954 67 (Chapter 111-A. Declaration of Bhumidhari rights, compematioiz and land Revenue)
CHAPTER In ,A. Deckmatian oj Bhunzidhari rights, conzpematiolz and land Revel? rte
10. (1) Every tenant of Sir and sub-tenant d an occu- Tenants of pancy tenant under section 5 of the Punjab Tenancy Act, :$, zdanh 1887, or sub-tenant of a tenant hclding land under a Patta ,,,,- Dawami or Istamsari, with right of transfer by sale, who in pancy the fasfi year immediate!^. before :II- commentceme:lt of this tenants Act. is recorded as a tenarit d Sir c r zs a sub-tznant. shall of be deemed to be a non-cccupancy tenant of the ia:~d held the punlab by him 2.t the rat'e of rezt payable by bim in the said year Tenancy ~ c t , .and the land held by such tenant a r~d sub-tenant shall not 1887, and for the ~u:pols;s of set ion 11 be :.v~ilabie to the Sirholder, of Tenants occupancy tenant unbzr section 5 zf the Pmjab Tenancy Act. 18S7, or to the Fattadar D a v : a ~ or Isramrarl fo.- ac- land with quisition of Bhumidhari rights. Patta Dawami or Is-
(2) Nothing in sub-section (1: shall apply to a tznant tamrari and of Sir or a sub-tenant of cccupanc~ tenant under sectron 5 of of transfa the Punjab Tenancy Act or of the said Pattaciar. if his land by 'hdder belongs to any of the followkLg categories of persons- --
(i) a woman,
(ii) a minor,
(iii) a lunatic,
(iv) an idiot,
(v) a person incapable of cultiyation by reason of b!indness or physical infirmity. or
(vi) a pzrson 'in the armed forces of the Indian Union. both at the commcnce-iqent of tenancy and on the commencement of this Act,
(vii) a person prosecuting studies in a recogriized institution and not exc5eding 25 years in age, or -
(viii) a person under detention or imprisonment.
m the commencement of this Act:
Provided that where a holding is held jointly by seve- .rdl landholders of whom one or more but not all are psrsons belonging to any of the abme categories, nothing in subssection (11) shall apply to the share of these persons in the holding and such share shall be avsilable for the acquisition of Bhumidhari rigkit: by these persons.
11. (1) Subject to the provisions d section 10, the Declaration Deputy Coinmissioner shall declzra as Bhumidhars pcrsons ~~a~~~~ holding the foliowing lands, namejy : - in favour of.
proprietors (a) Khud Kasht land or a proprietor's grove in the and ,xPerio~ tracts to which the Punjab Tenancy Act, 1887, was ap- class of plicable or Sir land or Khud Kasht land or a prsprie- tenants, tor's grove in the tracts to ~ h i c h the Agra Tenawy ~ ~ f ; i ~ ~ ~ t i o ~ Act, 1901, was applicable; revenue.
, / 68 The Delhi Land Reforms Act. 1954 (Chapter III-A. D ~ ~ t i o n of Bhumidhmi rights, compensation and land Revenue)
(b) land held by occupancy tenants under section 5 of the Punjab Tenancy Act, 1887, with right of transfer by sale; and
(c) land heid under Fatta Dawami or Istamrari by tepnts with right of transfer by sale.
'E(2) For th-, plqoses of sub-secticn (I), ;h= Leputp Commissioner shall take into ccnsideratio~~ the enxlies in the revenue records which shall be presumed to be L - ~ L I ~ C ~ ----- uqless the contrary is proved] :
Provided thzl where land htId as Khud Kash'. by a proprietor beiovging t2 any of tkc categmies of persoas referred to in sub-sectior, (3) of section 10 has bee2 belore the comnencemenr of this Act, let out to anotthec person by or on behalf of such poprietor, tile Revenue Assistant.
on applicalion made to hirn in this behalf by or or? &haif of such proprietor withill six nsnths of the com-rr:ernent of this Aci and after givirg an apporlunity to the tenant of k i n heard, ~liall declare such land to be the proprietor's Khud Pasht for the parpcses cf this section.
(3) While making a declaration under clauses (5) and
(c) of sub-section (11, the Deputy Commissioaer s;~a!l o r d a the xcupanc1J tenant zr the Pattadar to deposit ir Govern.
ment Treasury an ari;olun: equal to b u r times thz land revenue as ascertained in su3-soctim (4). for the area of wl l ic~ he is declared as Ehumidar as coispensaticx3 thereof. If hi:
fails to dep~si t the arnouni withir; six months of the date of declaration, the same shall be realized as arrear QE land revenue.' The amount deposited or so realized shall be dis- ' bursed to tke proprietor under ;he order of the Revenue . Assistant.
(4) Every person, who is decared as Bhumidhar under this section, shall, with effect from the cmmenc'ement of this Act, be liable to pay to the Government for land, held by him as such. on account of land revenue, an amount which shall proportionately correspmd to the land revenue payable immediately before the commencement of this Act for the area in respect of which he is declared Bhunlidhar, with due regard to the class of soil comprised therein. to- \ gether with the cesses and lccal rates.
Sub-tenants 12. (1) Every sub-tenantof occupancy ex- (a) of an occupancy tenant other than an occupanproprletary tenants, cy tenant under section 5 of the Punjab Tenancy Act, etc. 1887. or 7 P 'Subs. by s. 6 of Central Act 4 of 1959 for the words "the basis for the purposw oE I this section shall be the records of the fasli year immediately precced:ng the commence- ( P 8 b ment of this Act. (w.e.f. 20-7-1954).
The Delhi Land Reforms Act, 1954 (Chapter 111-A. Decimation of Bhumidhrvi rights, compenrdion and land Revenue)
(b) of an exproprietary tenant, or of a nOn-Gccu.- pancy tenant of over twelve years or less, or '[of a rsn:
tree grantee or a grantee at a favourable r d e of rsiit.
or1 (.c) of a tenant holding land un.'er a Patta Daaami or Istamrari but without right d transfer by sale.
who is recorded as such in thz fasli year, before the corrimencement of this Act, shall be d e e ~ e l to be a non-oclupancy tenant of the land held by him and such land, icr the purposes of section 13, shall not be available to the occupan2.y tenant, enprogri-irry tenant ' [ r~n-oc~upnc) ' kfiants, rect free graniee or 3 nrantee ?i favowable rate of rent or Pattadar] for acquir.tion of fi~cmidhari rights.
(2) The piovisions of s ~ b - s e c t i 3 ~ (2) of section 10 ri:d apply, mutatis mutandis, to this sechor..
13. (1) the commencement c I this Act, the De- %umidhai ~ d t y Commissioner shall also declare the following C ~ S S ~ S rights other case%, " of teoailts as Bhunidharr, who shall, with efiect from tkc same, have all the rights and be subject to all the liabi!i:ies conferred or imposed 4 ~ 0 2 Bhumidhers ccder this namely : -
(a) a rent fret orantee or a grantee at f rvourabb rate of rent:
(b) an exp;oprietary tenant ic Shahdara Circie;
(c) an cccupailcr tenant, except those undtr section 5 of the Punjab Tenancy Act, 1887;
(d) a non-m;.upncy tenani. who pa) S rent al rrvenue rates with or withcat Malikana;
(,) a tenant of Sir or a sub-tenant declared as n,-mcupancy tenant under section 10 or 12;
3[m a tenant of or over twelve.years in Shzih33ilra Circle and a non-occupancy tenant ln any par1 ~ o f Union t e r r i t ~ y of Delhi other than a non-occupan;g tenant referred to in clause (dl;?
(2) a tenant grove holder; and
(h) a holder of patta Dawami or IStamrari without any right to sell.
(2) Every person who, after the cCmImenCement of this ~ c t , is admitted to land as Bhumidhar c r who a c q ~ i r ? ~ Bhumidhari rights under any provisions of this Act, shall - __-_ _-, B]ins. by s. 7 of Delhi Act i 6 of 1956.
a b s . by s. 7 of Delhi Act 16 ot 1956 for the words "non-occup~ncy tenaob or p&dar.'' aabs. by pet. 3 of Central Act 1 of 1966 (retrospectivel~).
70 The Delhi Land Reforms Act. 1954 ( ~ h a ~ r e r Ill-A. Declormion of Bhumidhei right*.
compensation and land Revenue) have all the nghts and be subject to all the liabilities conferred or imposed upon Bhumidhars under this Act with effect from the date of admission or acquisition, as the case may be.
Compensa- $4. (1) Every person, declared as Bhumidhar under b@n and sub-section (1) of section 13, shall with effect from the comland revenue mencement of this Act, cease to pay rent of the land in payable by respect of which the declaration has been made to the Ebumi- proprietcr or the landholder, as the case may be.
dkars declared as (2) Every such person. oiher than a sub-teiiant deem ed to be a EOE-occupancy tenant under section 10 or 12, section 13.
shall--
(a) Be liable for payment of such amount on account of land revenue for the holding or his share t!;,:rein, as the case may be, as shal! be one half d the amount of rent payablz or deemed to be payable by him i n the Casli year immediately preceding the caixrnencemen: of this Act together with cesses and lozal ra:es of the area of which ha is declared Bhui& dhar from the cmrnen:ement of tkds Act:
Provided that whera half the amonnt d rent payable or deemed to be payable by him in the fasli year imimdiately preceding the conrmencement of this Act is less than the actual amount of land revenue payable immedjately before the commencement of this Act for the holldinq or his share therein, the Iand revenue shall be the said ac- :ual amount of land revenue, and where the said half the amognt of rent is gre2ter than twice the actual amount of land rcvanue payable inmediately before the cornpence a e n t of this Act, the land revenue shall be twice the said actual amount of land revenue, 7
(b) be liable to pay as compensation in the Gwernment Treasury to the credit of the proprietar concerned an amount which shall in the case of ienants with permazeat and heritable rights, i.e., in tllc case of tenants under clauses (b), (c) and (hl of sub-section
(1) of section 13, be eight-times the amount of land revenue so determined and in the case of non-occupancy tenants, i.e., tenants, o~f Sir or tenants under clauses
(a), (d), (f) and (g) of sub-section (1) of section 13, 5p, sixteen times the Iand revenue so determined.
(3) Every such person, being a sub-tenant, who is declared as Bhumidhar under clause (e) of sub-section (1) of section 13 shall-
(a) be liable for payment of such amount on account of land revenue for the holding or his share therein as is 'determined on the ssme principle as laid down in clause (a) of sub-section (2).
The Delhi Land Reforms Act, 1954 (Chapter Ili-A. Decimatioiz of Bhzimidhari rights, compensation and land Revenu~)
(b) and be liable to pay as compensation zn amount equal to 20 times the land revenue so daermined under clause (a) which shall be distributed between his immediate landholder and the proprietor in accordance with the following scale : - Tenants with a right Occupancy tenante Nan-occupancy of transfer, i.e., with permanent and tenants.
tenants holding land heritable rights. i.e., tenants under clauses (b) & i.e., tenants of Sir and fc) of sub-secrion
(1) of section 11.
Compensat ion to rhe Proprietor. 4 Compensat ion to the landholder 16
(4) The tenant or sub-tenant declared as Bhumidhar under section 13 shall pay the compensation either in O I ? ~ lump sum within six months of his declaration, or if he does not elect to pay the compensation in one lump sum, in ten annual equal instalments together with interest al such rate as may be prescribed, beginning from the commencement of this Act.
(5) In the case of default in the payment on the ddte fixed of any instalment under sub-section (4), the alnoune shall be recovered as arrear of land revenue.
(6) If during the priod of instahent the land revewlr:
is postponed, suspended or remitted for reasons of agricaltural calamity in the area concerned, the payment of compensation shall also be postponed or suspended but in the case of remission d land rcvenue, the payment of compensation shall not be remitted but recovered in subsequmt instalments to be fixed by the Deputy Commissioner.
(7) The Revenue Assistant shall annually disburse the instalment of the Compensation paid by the Bhumidhar under sub-section (4) or direct the payment of the amount deposited as compensation by the Bhumidhar in one lump sum under sub-section (2) or (3) d this section to the pro.
prietm or to the proprietor and landholder or their successor-in-interest, as the case may be, in accordance with the rules on the subject. The annual disbursements made to a proprietor and landholder in cases under sub-section <3);
where payments are made by instalments, shall be in the same proportion as the total compensations payable to I 72 The Delhi Land Reforms Act, 1954 (Chapter III-A . Declaration of Bhumidhari rights, compensation and land Revenue-General consequences of t h ~ terminorion of intermediaries rights)
(8) In this section the expression "rent deemed to be p y a blew means-
(i) where the rent is paid in kind, or is based on an estimate or appraisement of standing crops or on rates i ,varying with the crops sown or partly in one d such ways and partly in another or other of such ways, the rent shall be deemed to be an amount, which the average value of the landlord's share of the crops gram in the preceding five years, subject to such rules as it, may be prescribed;
(ii) where there was no rent payable or fixed for the holding or area concerned or part thereof, or where it was held rent-free or at favourable rate of rent. the rent for the said area shall be calculated at the pievailing village rate of rent; and
(iii) '[where it is not possible to ascertain the c r o , ~ grown in the preeding five years, the rent shall be calculated at the prevailing village rate of re~t] .
(9) Every person, who, after the commencement of t h i s Pict, is admitted to land as Bhumidhar or who acquired Bhumidhari rights under any provisions of this Act, shall pay the same amount of land revenue as was payable fm the land immediately before his admission to or acquisitior~ of B11ul;lidhari rights in the land, together with cesses an2 Iccal rates :
Provided that if the last Bhi-~midhar, '[whom] ,he has t replaced wss '[to pay compensation], he shall resume and conlplete the payments in the same manner:
Provided fmther that in any other case. i.e., where the last Bhumidhar had already paid up the total amount of compensation to thz proprietor. he shall not be called upon :o pay sny compznsation.
B. Gerzer-a1 consequences cf the termination of ir~ermedinries rights Estate in IS. (13 A mortgagee in possession of an estate or share , possession ot therein shall cease to have any right in such estate or share, a ii the proprietor mortgagor deposits the mortgage money towith possession. gether with interest thereon in Government Treasury alid ayplies for redenption of the mortgage in the proper court, within a period of nine month's from the commencement of this Act.
CIns. by s. 8 of Delhi Act 16 of 1956.
2subs. by s. 8 of Delhi Act 16 of 1956 for the: words, "when", 'Subs. by's. 8 of Delhi Act 16 of 1956 for the words "making payment of corn-- tion by instalment."
The DeUti Land Reforms Act, 1954 r[Chapter IIZ-B. General colzrequences of the terminailon of intermedimies rights) '(2) '[If the proprietor mortgagor deposits the amount and applies f w redemption as provided in sub-section (1).
he shall be declared as Bhumidhar in respect of the mcrrt- .gaged area which was under the personal cultivation of the mortgagee on the date of such application for redemptipn, and if any part of the mortgaged area was on the said date lei but to a tenant, such tenant shall be declared as Bhumidhar in respect of the area that was so let out to him.]
(3) Where the proprietor mortgagor fails to take action under sub-section (1) within the time specified therein, the mortgagee d the area mortgaged with possession, ":k***], shall be declared as the Bhumidhar of so much of the area martgaged as is under the personal cultivation of the mortgagee.
(4) Where the area mortgaged or part thereof is let out ta tenants, the mortgagee shall be declared as the Bhumiclhar d the part under his personal cultivation and the tenaEts shall be declared as Bhumidhars ol their respective areas let out to them.
( 5 ) Subject to section 11 or 13 the provisions of subsections, (1) to (4) shall apply mutatis mutandis to mortgagee with possession where the mortgagors were-
(a) occupancy tenants under section 5 of the Punjab 'Teoancy Act, 1887, or
(b) tenants holding land on Fatta Da~ l -a r i or Istamrari, with right of transfer by sale, or
(c) &proprietary tenants, occupancy teaants ather than those under section 5 of the Punjab Tenancy Act, 1887, grove holders or tenants holding land on Patta Dawami or Istamrari without right of transfer by sale.
16. Notwithstanding anything contained in any other Consequlaw for ths time bcing in force or in any mortp.ge deed or ences of other instrument or agreement, where a proprietor mortgagor ~~q~~~~ faiIs to apply for the redemption of his mortgage within the dhari rights time specified in sub-section (1) of section 15 and the rnort- by mortgagee and tenants, if any, in respect of the mortgaged pro- gagees etc., perty or any portion thereof are declared Bhumidhars in accordancs with the provisions of sub-section (3) or sub-section
(4), as the case may be, of that section, the following consequences shall follow, namely : -
(1) the proprietor mortgagor shall be absoltltely debarred of his right tor redeem the mortgage;
'Subs. by s. 7 of Central Act 4 of 1959 for the original sub-section.
Tbe words "whether or not it was the Sir or Khudkasht of the mortgagor on the date of the mortgage" rep. by s. 7 c,f Central Act 4 of 1959.
74 The Deihi Land Reforms Act, 1954 (Chapter ZZI-B. General consequences qf the terminatit;i;rk of intermediaries riehts)
(2) the mortgagee and the tenants, if any. in respect of the mortgaged property or any portion thereof, who h a ~ e - becn declared as Bhumidhars as aforesaid, shall pay *of the proprietor mortgagor compensation which shall be dc..
termined as follows : - i (a) the amount of compensation payable by the 9 mortgagee and each of the tenants, if any, shall be deter.
mined separately in accordance with the provisions lald down in zlauses (a) and (b) of sub-section (2) of sectioik 14 for determining the ariivuii; of compensation, payable by a Bhumidhar;
(b) the amount of compensation as determined under clause (a) payable by each of the tenants shal?
be paid by him to the proprietor-mortgagor through court either in one lump sum or in instalments in the manner laid down in sub-section (4) of section 14;
(c) the total amount due from the proprietor mortgagor to the mortgagee under the mortgage deed on the date of the commencement of this Act shal?
then be determined in the prescribed manner afks deducting the receipts if any, by the mortgagee frorn the mortgaged property;
(d) if the amount of compensation payable b) the mortgagee to the proprietor-mortgagor is greater than , the amount determined under clause (c) the mortgagec shall pay through court to the proprietor-mortgagor as compensation the difference between the two in one lump sum; '[within six months from the date of thz order] and where the amount of compensation payable % by the mortgagee is less than ths amount -determined under clause (c), the entire mortgage money with 1 interest, if any thereon,, shall be deemed to have been fully satisfied by the enjoyment of the usufruct ol the morigaged property and the proprietor-mortgagor shall not be required to pay anything under the mortgaze deed to the mortgagee.
(3) where a tenant mortgagor, referred to in sub-section (5 ) of section 15. fails to apply ior rdemption within the period specified in sub-section (1) of that section, the provisions of sub-sction (1) and of clause (a) of sub-section
(2) shall apply mutatis mutandis and the amount or ccL11ipensation payable by the mortgagee and his tenants. if any, in respect of mortgaged land in possession of each to the proprietor shall be determined separately, in accordance with the provisions of clauses (a) and (b) of s u b section (2) of section 14. The compensation so determined shall be paid as follows :-
(i) where the mortgagor tenant is an occupancy tenant under section 5 of the Punjab Tenancy Act, 'Ins. by s. 9 of Ddhi Act 16 of 19% 1 The Delhi Land Reforms Act, 1954 (Chapter 111-B. Gemral amsequences of the termination of intermediaries rights) 1887, or a Pattadar Dawami or Istarnrari with right of transfer by sale, the amount due from the mortgagor to the mortgagee under the mortgage shall also be determined in it--dance with clause (c) of sub-section
(2). The mortgagee or his tenants shall each first pay out of the total c m ~ n s a t i o n determined above, an amount equal to four times the land revenue payable for the land in his possession immediately before the commencement of this Act, to the proprietor. If the balance of the compensation payable by the mofe gagee and his tenants, is greater than the amount d m mort- to the mortgagee from the mortgagor under thp gage the difference shall be paid by the mortgagee and his tenants, as comgxnsatioil to the mortgagor tenant '[in one lump sum within six months from the date of the order, first by the mortgagee's tenant upto the extent of the balance of his share of compensation an2 then by the mortgagee upto the extent of the amomit left over, if any]. If it is less, the entire mortgage money with interest shall be deemed to have been fully satisfied by the enjoyment of the usufruct and nothing shall be payable to the mwtgagee in adjustment of the mortgage money,
(ii) where the mortgagor tenant is a tenant, other than an occupancy tenant under sectim 5 of the Punjab Tenancy Act. 1887, or a Pattadar Dawami cx Istarnrari with right of transfer by sale, the entire amount of compensation payable by the moltgagpe and his tenants, if any, shall be paid direct to the proprietors of the mortgagor tenant and the mmtgage money, shall be deemed to have been fully satisfied by the enjoyment of the usufruct.
'[IMA). Where a tenant is declared as Bhumidhar io ~ ~ ~ ~ ~ l e respect of any part of mortgaged area that has been re- declared deemed under sub-section (1) of section 15, the cmpen- Bharnidhar sation payable by such tenant to the mortgagor shall be of determined and wid in the manna provided in clause (2) or clause (3) of section 15 according as such tenant is declared a Bhurnjdhas uiider sub-section (2) or sub-section 15) of secti~n 15.1 ITir. Notwithstanding any contract made or anything Variation id done or permitted to be done, on a after the first day of ~ ~ r ~ u I ~ s r .
July, 1950 by or on behalf d a proprietor or a tenant, in 1950, not respect of any land in the State, the rent payable therefor by be recognithe. tenant in the fasli year immediately preceding the corn- zed.
mencement cvf this Act shall be deemed to be an amount ( equal to the rent payable by the tenant or his predecessorin-title on the date aforesaid and any reduction or remission made therein after the said date otherwise than in pursuance of a decree or order of a court shall not be taken into account :
'Ins. by s. 9 of Ddhi Act 6 of 1956.
Tns. by 8. 8 of Central Act 4 of 1959. (w.e.f. 20-7-1954).
6-1 Ddhi Adm.170 , 76 The Delhi L a d Reforms Act, 1954 (Chapter ZII-3. General msequences of the terrninariutt of intermedories rights) Contract agreement or eviction to d ~ f ~ t provisions of this Act to be void.
Provided that where the rent reduced in pursuance uf ainosct corn- any decree or order aforesaid is less than tbputed at the prevailing village rate of rent the rent payable shaU be an amount so computed.
18. (1) Any contract or agreement made betweea a proprietor and any person on or after the 1st day of J ~ Y , 1950, which has the effect, directly or indirectzy d defeatinq the provisions of this Act shall be and is hereby declared null and void.
(2) Notwithstanding any decree or order where a tenant of Sir or sub-tenant of tenants referred to in sub-section. (1) of section 10 or sub-tenaot d tenants referred to in section 12 or a non-occupancy tenant referred to in cleuse (fl of subsection (1) d section 13 was evicted from lznd a k r 1st July, 1950, on any ground other than for arrears of rent, the tenant m the sub-tenant shall be entitled to regain possession thereof on his making an application in this behdf to the Revenue Assistant an^, shall on regaining possession have the same rights as he would have had but for such eviction decree .or order] :
Provided that the land is not in the possession of any nther tenant in the fasli year inmediately before the cornanenccmsnt of this Act.
'[(3) Notiking in this section shag a8e:t thpv Tights of a praprietor in aay land held ol- occupied 2t the ccrnr;lt-IIW- ment of this Act for pusposes other than t~?oec mention%! ia clause (1;) d section 3.1 Cesseo, 19, A Ek.ddhar shall pay io Gaverrunx~t all tl~e res- Local I ses, iccsl rates and ssyar p:oprtionately tc his lacd revcnrre, rae and in respct. of his holding.
sayar.
Any contract or agreement betwen t3e proprietor xAd any gmscn coapovsding, rejeasing or reduciag tb'? pnymcill of cesses, local rates m sayar aher the 1st oS .IJy, 1950, shal!
be void.
Shy of suits 29. All suits, whether of the first isstance, appeal cr revision of the nature as specified in Schedule TI pending .n any court for hmkg on the commencemen.; ctf this Act shag be stayed.
stay of 21. All proceedings whether of the Erst instance, appeal grs- or revision, of the nature speciged in Schdde 11, pending in any court: for hearing on the cammeccemect d this Act and all primedings (except in so far as they relate to ths realisation, otherwise than by ejectment of the judgment debtor, of cost of compensation awarded in any suit 01- - 'Ins. by 8. 9 of Central Act 4 of 1959. (w.e.f. 20-7-19541, .I, by ibid. (w.e.f. 20-7-1954)- The Delhi Land Reforms Act, 1954 77 (Cj'zapter Ill-B. General consequences ~f the termination of inrermdimties r i g h t s 4 . Use of land azd irnprovemen.fr -(Bhumidhws and Asainis)) proceedings) upon any decree or order, unless it is a decree or order which became final before the commencement of this Act, but is not a decree which may be executed by ejecrrnent d the judgment debtor passed in any such suit or pro- % ceedings previous to the mmencement of this Act, shall be stayed.
C. Use of lami and impmve~nents-(Bhumidhars arrc!
Asamis)
22. A Bhumidhar or Asami shall, subject to the provi- Right of sions of this Act, have the right to the excl~~sive pssessicn Bhumidhar of all land comprised in his respcctivtive holding and to usc P,' 2::- land for any purpose connected with agricuirure, horticulture elusive pasor animal husbandry which includes piscicuilure and poultry session of farming and to make any improvement. Iand in , his holding.
" 23. (1) A Bhunidhar or Asami shall not be entitkd Use of to use his holding or part thereof for industrial pmpses, holding for other than those immediately connected with any d the p r - F;;::!
p s e s referred to in saction 22, mless tkz land lies withhi the belt declared for the purpse by the Chief Commissi~nzr by a notificati~n iin the official Gazetie :
Provided hlzt the Chief Commissmer may, on apf i - cation preseoted to the Deputy Cornissic zer in the prescribed manner, sanction the use of any hcluhg or pan tlzelzof 5jr a Bhcnridhzr for industrial pnr-wscs even thargh it does nDt lie w:tliin suclz a belt.
(2) "$!here pemdssicn !or indus'rial p r p s e s is ;ccijrd- &. tke ;~rovisiorrs of this Chapter relating ic devolution sha?!
cease :o ap$y to the Bhuaidhrr with r z s?x t to s?li:"uiand 2nd he shall tkereupon be gc~erned ia the rzatter of Gevohticn of the land by personal law to wbiof fie is subject.
24. (1) Wherever any land held by a 3humidi-car which F,ewersion to is used for industrial purposes has become :an$ uaed for p11- apiculture.
poses conllected with agricult~e, hc1rtrticul'r:~e or auimel hmbandry, whic5 iz~cludes pisciculture and p:~:J?qr f a r ~ n i n ~ , t h Deputy Ccnmissioner on being so sstisfi-d, may, with ~th::
sanction of the Chief Commissioner, make a declaration to that effect a.nd thereupon the Bhumidhar shall, as respsts tile land, be subject to the provisions relating to devolutioc.
in this chapter.
(2) Upon, the grant ofathe declaration under sub-section
(1) in respect of any Iand any person other than the Bhurnidhar in possession of the land shall-
(a) if he holds it under any contract or lease which is inconsistent with any d the provisions of this chapter, be deemed to be an occupant liable to ejectment under section 84, 78 The De$zi Land Reforms Act. 1954 (Chapter ZIZ-C. Use of lond improvements-(~humidhs and Asamis))
(b) if he holds it under any contract or lease which is not inconsistent w& any of the provisions of this chapter, be entitled to the rights in the land determined in qccordanoe with the provisions thereof.
(3) A&y contract or lease referred to in sub-clause (a) of sub-section (2) which is inconsistent with the provisions of this chapter shall, to the extent of the ininconsistency, bet come void with effect from the date elf declaration:
Provided that any mortgage with possession existing on any such land shall, to the extent of the amount due and , secured on such land, be deemed to have been substituted by a simple mortgage carrying such rate of interest as may be prsscribed.
Registration 25. A copy of every sanction given or declaration made of the under section 23 or 24 shall be forwarded by the Deputy sanction or declaration Commissioner to the Sub-Registrar concerned, who shall, under donnotwithstanding anything contained in the Indian Registra- 23 or 24. tion Act, 1908, register the same free of cast in the m a m a prescribed.
Re?triction 26. No Bhumidhar or Asami shall make an irnprweon lmProve ment on, or detrimental to, any land which is not included ments. in the holding, to be benefited thereby '[except-
(a) with the written permission of the landholder of such land or the Gaon Panchayat, as the case lnsy be, or
(b) where such permission is nolt given within the prescribed period, with the written permission of the Revenue Assistant granted in accorcia~ce with rules made under this Act in this behalf.]
Works 27., (1) Where a Bhumidhar or Asami has made an hbenefiting provement on land and such land is sold in lieu of arrears land. of land revenue or in exxxticm of a decree for payment ot money or the Bhumidhar or Asami is ejected from wck land, the purchaser or the landholder, as the casc may be, shall , become the owner of the iqprovement but the Bh~midhar . or Asami shall be entitled to the benefit of the improvemsnt in respect. of the land remaining in his possession to the same extent and in the same manner as it had hitherto benefited thewby.
(23 Where the Bhumidhar or Asami has made an improvement on land which remains in his possession after e portion of his land has been soId in lieu of arrears of land revenue or in execution of a decree or order of Court for payment of money or after he has been ejected from a pDrtim af bis land, the purchaser or the landholder, as the case may be, shall be entitled to the benefit of such improvement in rapeat, of land which d~ not remain in the p s - session of the Bhumidhar or Asami to the same extsnt and in the same manner as it had hitherto benefited thereby.
'Subs. by s. 10 of Central Act 4 of 1959, for the words "except with the written pcr Qission of the land holder of such land or the Gaon Panchsryat, as the case may bt."
The Delhi Land Reform Act, 1954 79 . r h e 1 1 1 . Use of land mtd improvements- (Bhumidhars and Asamis))l
28. (1) An Asami who has made any improvement %Right to with the '[written permission of the landholder, the Gaon rompensa- Panchayat or the Revenue Assistant], as the case may be, z;rge * ,ahall be entitled to compensation- ment made ? by an
(a) when a decree or order for his ejectment is Asami.
passed on any ground other than his making any transfer in contravention of the provisions of this Act or on the groulld of his using the land for any purpose olher than agriculture, horticulre or animal husbandry, which includes pisciculture and poultry farming;
(b) when he has been wrongfully deprived of psession by the Gaon Panchayat or his landholder, as the case may be, and has not recovered possession of his holding; or
(c) when he vacates the holding on the expiry of his lease or on becoming liable to ejectment on any ground mentioned in clause (a).
(2) No compensation shall be payable to an Asami where the improvement was made without the written "permission] as aforesaid.
29. In determining the amount of compensation for im- Determinaprovement regard shall be had t<r- tlon of the amount of
(a) the cost of the work. compensa- . , tion.
(b) the condition d the work and the period during which it is likely to add materially to the value of the holding.
(c) the amount by which the quantity or value of the produce of the holding is increased by the work.
(d) the length d time during which the Asami claiming compensation has had the benefit of the improvement, and
(e) the age of the trees, their class and the income likely to accrue from them.
30. (1) In any suit or other prweeding for ejectment Court to of an Asami, the Court shall, where compensation for im- ~ ~ p " e ~ ~ provement is payable, before passing a decree or order for tionfor ejectment, assess the amount of compensation payable to the improve- Asami under section 29. ments.
(2) If the amount d compensation exceeds the amount recoverable from the Asami as arrears of rent whether decreed or not, on account of the holding, together with costs, if any, the dexee or order for ejectment shall be conditional - 'Subs. by s. 11 of Central Act 4 of 1959, for the words "written consent of the Gaon furchayat of the land holder".
',Subs. by ibid. for the word "Consent".
80 " The De&i Land Rejorms Act, 1954 Interest of a Bhumidhar to be transferable.
Interest of an Asami not transferable.
(Chapter 111-C. Use of laid arzd improvernenfs--(Bhunzidhars and Asamis)-D. Trmufsi-s (Bizurnidliars and Asamis)) on the payment by the IancihoMer or the Gaon Sabha of the balance h e to ths A s a : ~ within such time as the Court may dlrect.
(3) If the axrmunt of coxyensation dms not exceed the amount recoverable from the Asami as specified in PI&- sectim (2), the same shall be deemed to have bsen qatisfied on hs ejectment, and the balance shall, subject to t3e Asamis right3 to the vahe of the standing crops and trces be recoverable from him.
D. Transfers (Bkumidhar,- and Asamis)
31. The interest of a B5unidhar shall be transferable subject to the conditions hereinafter contained.
32. The interest d an Asami shall not be transferable except as expressly permitted by this Act.
Restrictions '[33. (1) No Bhumidhar shall have the right to transfer on the by sale or gift or oihenviss any land to any person, rjther than * transfers a religious or charitable i~~stitution or any person in charge I by a Bhumidhar. of any such ghmdan movement, as the Chief Conmissioner 0:
may by catification in the Official G~zelte, sp~cify, where as a result oftthe traosfer, the transferor shall be lzft with less than eight standard acres in the Union territmy of m&i :
Provided that the Chief Commissioner may exempt from the opcraticm of this section, the transfer of any land made before the 1st day of December, 1958, if the land covered by such transfer does not exceed one acre in area and is used or intended to be used for purposes c t k r than those mentioned in clause (13) of sectia 3.1 '[(2) Nothing contained in sub-section (1) shal; pecludz the transfer of land by a Bhumidhar who holds kss than eight standard acres of land, if such transfer is ~f the entire land held by him:
Provided that such BEumidhar may transfer a part of such land to any religious or charitable instituticn or other person referred to in su5section (1).
Explam.ztion.-For the purposes of this section. a religious or charitable institution shall mean an institution establishes for a religious purpose or a charitable purpose, as the case may be.]
Only simple 34. No Bhurnidhar shall have the right to mortgage *'*gage any land belonging to him as such where possession of thz land by a ~ h ~ ~ i d h ~ ~ mOrtgaged land is transferred or is agreed to be transfer- 2' allowed. red in future to the mortgagee as security for the money - I .
advanced or to be advanced.
'Subs. by Sec. 28 of Central Act 24 of 1960.
¶Re-numbered and Ins. by Sec. 3 of Central Act 38 of 1965.
The Delhi Land Rejorms Act, 1954 8 P jCh.~~pter 111-D. Traders (Bhunidhars and Asamis))
39. No B!l,umidaar or Asami shall let, for any pr ied Letting of 1 whatsoever, any land comprised in $is holding except 2 1 : 'and.
the cases provid-ed fx in section 36.
ExpEa,~at:o;.n.-~4ny arrangexent whereby a perssn ;s entitled to a light merely to share 21 the produce griiblr / on the land in consideration of such person assisting cr partlcipaticg with the tenure-holder in the actual per:'nrmance of agriculturzl operations is not a "lease".
36. (1) A lshumidhzr who is- I.ease by a disabled!
(a) an unmarried woman, m if married, drvorced prsan.
or sepa~ated from her husband, or a widav;
(b) a minor whose father has died;
(c) a lunatic or an idiot;
(d) a person incapable of cuhivating by reasm of blindness, cur physical infirmity;
(el prosecuting studies in a ~smgnized institction and does not exceed 25 years in age;
(f) in the amed forces of the Indian Union; I*** 2[(g) dependent for assistance in agricultural operations on a person serving in the aimed fxces of the Union and c:r:i?ied by the Deputy Commissioner ti? be so dependent; or 1 "(hN under detention or imprisonment;
may let the whole or any part of his holding :
Bravided that in the case of a holding held jointly by $ more persons than one where but m-e c~ more of them, s but not all, ar: sl~bject to the disabilities mentione:! jl:
4[c1auses (a) to (h)], the person or persons may let out his or their share in the holdicg.
(2) W.ere any share of a holding has been let orrt under the proviso to sub-section (1). the Court may, on the application of the Asarni ojr any tenure-holder, dztemine the share of the lessor in the holding and partirion the same.
(3) A Bhumidhar, who holds only less than 8 standard acres in the State, may where he dms not join a cooperative farin lease ths whole of his holding to an Asami:
- Provided that the lease is for not less than 5 years:
Prwided further that the Bhumidhar shall not be entitled to resume it except for self-cultivation m for breach of terms d the lease. - I 'Oimitttd by Central Act 38 of 1965, s. 4.
'Ins. by s. 4, ibid.
'Relettered by s. 4, ibid.
'Subs. by s. 4, ibid.
82 The Delhi Land Reforms Act, 1954 1 (Chapter 111-D. Trarrsfers (Bhurnidhars and Asamis)) Registration ' 37. ~otwithstandini anything contained in the 'Trans- Of a lease. fer of Property Act, 1882, or the Indian Registration Act, 1908, a lease for a term exceeding one year w from year to year may be made either by a registered instrument or in the prescribed manner.
k Failure to 38. A lease which fails merely to comply with the proregister the d i m s of section 37 shall not. for ourwses of 'Bection 421 leas!= under bc deemed to be a transfer kadezin Acontraven&on of thi s7' provisions of this Act.
Successor-in 39. When a holding has been let in accordance with interest bound by the provisions of section 36, the successor-in-interest of the a lease. Bhumidhar shall be bound by the terms of the lease in so far as they are not inzcmsistent with the provisions of this Act.
Exchange.
'[40. (1) Subject to the provisions of section 33, a Bhumidhar may exchange lands held by him as such-
(a) For lands held by any other Bhumidhar as such, or
(b) for lands for the time being vested in a Gaon Sabha m local authority or in Government :
V o v i d e d that no such exchange shall be made except with the permission of the Deputy Commissioner, who will refuse permission if the difference between the area of the land given in exchange and of the land received in exchange in terms of standard acres is more than ten percent of the area in standard acres of the land which is smaller in area.
(2) Where the Jhputy Commissioner permits exchange, hf shdl also order the relevant annual rug ister to be carrevted accordingly.
( 3 ) On exchange made in accordance with sub-section (I), the parties to such exchange shall have the same rights in the land received in exchange as they had in the land given in exchange.]
41. Nothing in section 40 shall affect the amount of the Land reland revenue assessed on or payable for land so exchanged. ~ ~ ~ e ~ $ , exchange.
42. (1) Where a transfer of any holding or part there- Transfer in of has been made in contravention d the provisions of "this contraven- Chapter by a Ehumidhar or Asami] "[the transferee and every tion to person who may have obtained possession of such holding section 33.
or part] shall, notwithstanding anything in any law, be liable to ejectment from such holding or part t the suit 'Subs. by 8. 5 of Central Act 33 of 1965.
'Subs. by a. 6, ibid.
'Subs. by s. 7, ibid.
'Subs. by s. 7, ibid.
The Delhi Land Reforms Act, 1954 85 , (Chapter ZZZ-D. Transfers (Bhumidhars and Asamis)) of the '[Gaon Sabha or the land holder, as the case n a y be] which shall thereupon become vacant land; but notning in this section shall prejudice the right of the transfer to realize the whole or portion of the price reaaining unpaid. or the right of any ether person other than the transferee to proceed against such holding or land in enforce- [ ment of any claim thereto.
(2) To every suit for ejectinent under this section the transferm shall be made a party. - Ion "(3) Notwithstanding anything co~tained in sub-sed' (I), the Revenue Assistant also may, on receiving information or on his own motion, take action to eject the transferee and every person who may have obtained possession as aforesaid, after following such procedure as may be prescribed.]
43. Any transfer of any holding or part thereof madP Transfer by a Bhumidhar by which possession is transferred to the with postransferee f ~ r the purpose of ssnring any payment of session by money advanced a to be advanced by way of loan, and :hf::F existing or future debt or the performance cEf an engage- be deemed ment which may give rise to a pecuniary liability, shall, a sale.
notwithstanding anything contained in the document of transfer or any law for the time being in force, be deemed at all times and for all purposes to be a sale to the transferee and to every such sale the provisions of sections 33 and 42 shall apply.
44. When a Bhumidhar other than one referred to i n , ~ f f w t of section 36 has let out his holding or any part thereof, the lease in conlessee will, notwithstanding anything contained in any law ~~~~~~ or contract or document of lease, become and be deemed 36.
to be a purchaser and the provisions of section 33 and 42 shall mutatis nzutandis apply.
45. (1) Any transfer made by or on behalf of a Bhu- Transfer midhar or Asami in contravention of the provision of this made in Chapter shall be void. contravention of this Chap- 3[(2) Nothing in sub-section (1) shall apply to any ter to transfer which has been exempted by the Chief Conlmis- be void.
sioner '[under the proviso to sub-section (1) of section 33.11
47. Upon ejectment "[under section 421, all the rights Consequenand interests of the Bhumidhar or Asami in the holding gt2ent or in any improvements made therein or to get m p e i x a - under swtion for such improvements shall be extinguished. tion 46.
'Subs. by s. 7 of Central Act 38 of 1965.
*$ubs. by s. 7, ibid.
'Ins. by s. 13 of Central Act 4 of 1959. (w.e.f. 20-7-1954).
*Subs. by s. 8 of Central Act 38 of 1965.
'Omitted by s. 9, ibid.
'Subs. vide s. 10, ibid.
T ~ T De!hi Land Rejorms Act, 1954 Bepusst by 48* (I) A Bhumid'ir may by will bzqueath his hold- ' Bhumi- ing or any p3n tneie?i except as provided in sub-section dhar.
(2)- # (2) No Eh~unidlhar entitled to ariy hc:cFicg or part in right 3f a widow, mother, stcp-molher, father'< father.
er's m~ther , uamarried daughter, or u~married sister.
, may beqzeath by will s ~ c h holding or part.
(3) Every will made under provisions of subsection (13 shall, notwithstanding anything conlaiiled in any law, t custom or usage, be in writing and attzstd by two persons.
Besuest by 49. NO Asami shall have the right to beqwzalh by will an his holding or part thereof.
General 50. Subject to the provisions of section 48 md 52.
order qf when a Bhurnidhar or Asami beicg a male dies, his interest in his holding shall devolve in accordance ~ 4 t h the order from males. of succession given below :
( a ) male lineal descendants in the male line of descent :
Frovided that no member of this dass shsll inherit if any male descendant between him and the dweaszd is alive:
Provided further that the son or sons of a predeceased on how lowsoever shall inherit t!:e share which would have devolved upen the decea5-d if he had been then alive ;
(b) widow;
(c) father;
(d) mother, being a -widow;
(e) step mother, k i n g a widow;
(f) father's father;
(g)~ faiher's mother, being a widow: -
(h) widow d a rnaie lineal descendant in the male line of descent:
(i) unmarried daughter;
6) brother, being the son of the same father as the deceased;
(k) unmarried sister;
(1) brother's son, the brother having been a son of the same father as the deceased;
(m) father's father's son;
(n) brother's son's son;
(0) father's father's son's son;
(p) daughter's son.
T h Delhi Lmtd Reform Act, 1954 (Chapter 111-E. DevoIut;on (Bhumidhar and Asami))
51. (1) When a Bhuxmidirar cr Asark. who has after SuccePsion the commencement of this Act inhzrited aiz interest in any in the case holding as a widow, mother, step-moth~_r~ father's mother, a WO- man holding unmarried daughter or mmxrried sister, '[dies or marr;es ., or the Asaai abandons or surrenders ~il:!: hhddiilg, itj mherited shall devolve upon the near:st suwiving heir (su~i; hcir as widaw, being ascertained in accordant:: with the provisions of sez- rtnfier7 cnughter, t i m 50) of the last male BIzrir;lidhar or Asami, &her than et,.
one who inherited as a father's faikr .
(2) When a Bhumidhar who has befare the commence- !'merit of this Act inherited an interest in any holding as a widow, mother, stepmother, father's moth", daughter, sister or step-sister-
(a) dies and such Bhumidhar was on the date a proprietor d the land comprised in the holding and- (it she was in accordance with the persons1 law applicable to her entitled to a life estate only in the holding, the holding shall devolve upon the nearest surviving heir (such heir being ascertaimd in accordance with the provisions of ss.=tion 50) of the last male proprietor or tenailt aforzsaid; and if
(5) she was in accordance with the personal law applicable to her ent'tied to the holding absolutely the holding sball devolve in accordance with the table mentioned in section 53;
(b) '[dies or marries] and such Bhrnidhar on the date imme'iately befare the said dats held the holding otherwise t5an as a proprietor, the holding shall devdve upon the nearest suvivisp heir (such heir bzi:?g ascertained in accordance wit5 the provisions of sectioa 50) of the last male tenant other than one who inherited as a father's father.
(3) The provisions of sub-section (I) shzll rnritaiis .murandis appI:y to an Asami who inherited the holding before the commencement of :his Act.
(4) Nothing in sub-section (1) shall apply tc a persm.
succeeding to an interest in any hslding under the provisions of section 53.
52. When a Bhuaidhar or Asami who has. whether Succession befofe or after the commencement of this Act, inhe~ited an in the interest in a holding as a father's father, 3[3c2s m the Arami zgizi fnabandons or surrenders such holding, it] shall devolve up- her,t& a, on the nearest surviving heir (such heir being ascertained father's father.
i 'Subs. by s. 10 of Delhi Act 16 of 1956, for the words "dies, marries, abandons or amenders such holding or part thereof, the holding or the part".
'Subs. by s. 10 of Delhi Act 16 of 1956, for the words "dies, marries, abandons or surrmdea?, such holdings".
'Subs. by s. 11 of Delhi Act 16 of 1956, for the words "dies, abandons or surrenders I mch holding or part thereof, such holding or part".
86 The DeEhi Land Refmm Act, 1954 (Chapter 111-E. Devolution (Bhumidhar and Asmi) iF , Partition (Bhumidhar)) ' in accordance with the provisions of section 50) of the last male Bhumidhar or Asami from whom such father's father inherited the interest in the holding.
Succession 53. When a Bhumidhar or Asami. other than one menfo a wO- tioned in section 50 or 51, who is a woman dies, her inrerest man holding an inte- i the holding shall devolve i i ~ cccordance with the order of rest other- s lccession given MOW :
wse.
2
(a) male lineal descendants in the male line of descent :
Provided that no member of this class shall inherit if any male descendant between him and the deceased is alive :
Provided further that the son or sons of a predeceased son how lowsoever shall inherit the shares which would have developed up011 the deceased if he had been then alive;
(b) husband;
(c) widow of a male lineal descendant in the male line of descent;
(d) daughter;
(e) daughter's son;
(0 husband's brother;
(g) husband's brother's son.
Passing of 54. In the case of a co-widow olr a co-tenure or cainterest by sub-tenure holder, who dies leaving no heir entitled to succeed under the provisions d this Act the interest in such ship. hqlding shall pass by survivorship.
I ) I F. Partition (Bhumidhar) I Holding 55. (1) A Bhumidhar may sue for partition of his of a Bhu- holding.
midhar partible. (2) To every such suit the Gaon Sabha concerned shall be made a party.
\ One suit 56. One suit may be instituted for the partitioil of more for parti- than one holding provided that all the parties to the suit are tion jointly interested in each of the holdings. several holdings.
Mode of partition of 57. (1) Except as provided in sub-section (3), whenever a holding. in a suit for partition, the Court finds-
(a) that the aggregate area of the holding or holdings to be partitimed does not exceed eight standard acres, or
(b) that the partition will result in a holding of less than eight standard acres.
1 The Delhi Land Reforms Act, 1954 8 7 (Chapter 111-F. Partition (BhumidharFG. Surrender, Abam donment, Extinction and Acquisition (Bhumidihars and Asamis)) the Court shall in the cases falling under clause (a) instead of proceeding to divide the holding CT holdings direct the sale of the same and a distribution of the proceeds thereof.
and in cases falling under clause (b), either proceed to dlvide the holding in accordance with such principles as oiay be prescribed or in the alternative dismiss the suit.
(2) The rules fraaed under sub-section (1) shall prescribe the circmstanccs in which compensation may be awarded to a co-tenure holder in lieu of his share d holding and for the admission by the Gaon Sabha of such co-tenure holder to land under provisions of section 73.
(3) In the case of a co-tenure holder to whom the provisions of section 36 apply and such tenure-holder has let out his sham or part thereof in the holding, the Court shall divide the holding by separating the share aforesaid, but in respcct of the remainder of the holding the Court will proceed in accordance with the provisions of this section. if applicable,
58. Where a Court has under section 57, ordered a sale Valuation of the holding or holdings, it shall order a valuation of the of the same to be made in such manner as may be prescribed and to be sold. shall cBes to sell the same a1 the price so ascertained to the co-tenure holders in such mder d preference as may k prescribed.
59. If two or more co-tenure holders having an equal ?referential preferential right severally ask fo r leave to buy, the Co~urt :t:ihz'e.
shall order the sale of th:: same to such one of them as offers to pay the highest price above the price ascertained under section 58.
60. If no share-holder offers to buy'at or above the Sale in price ascertained under section 58, the Court shall order the $%:s;f sale of the same to the share-holder who offers to pay the under Sethighest pice. tion 59.
(61. Save as hereinbefore provided, when any holding is Procedure ordered to be sold in pursusence: of any order made under In sale.
section 57, the Court shall follow such procedure as may be prescribed.
G. Suvrenda, Abcrndorunent, Extinction and Acquisition ( B h u m i ~ s m d Asmi$)
62. An Asami may surrender the whole d his holding Surrender but not any part thereof by giving a notice in writing to the of holding Gaon Sabha or the land-holder, as the case may be, intimat- by Asami.
ing his intention to do so and by giving up possession thereof.
r ,
63. Notwithstanding the surrender, unless the Asami r$zd$ applies or gives notice in writing before the first day of Apd , he shall be liable ta pay the rent for the holding for the %agricultural year next following the date of surrender.
88 ' The Ddhi Land Reforms Act, 1954 (Chapter t l l l -4 . Surrender, Abaadorrment, Extimtiort and - Acquisition (Bhumidhars and Asamis)) Abandon- 64. (1) W'nere an Asarni has not used his holding for ment. a purpose connected with agriculture, horticulture, or a-?imal husbandry, which includes pisciculture and poultry farming, for two consecutive agrimltural years, the Gam Sabha or ' the land-bolder may apply to the Tahsildar f ~ r a norice to such to show cause why the holding be not treated as abandoaed.
(2) The application shall contain such particulars as may be prescribed.
(3) If the Tahsildar finds that the application has been duly made he shall cause to be served on the Asami qr publish in thc manner prescribed a notice in the form to be prescribed requiring him to appear and show cause on a date to be fixed why the holding be not held as abandoned.
(4) If :he Asami does not appear in answer to the notice or appears but does not contest it, the Tahsildar shzll declare ';he holding as abandoned and ;hereupon. exczpe as provided in sections 51 and 52, the holding shall bc deemed to be vacant land.
Admission 65. Rrllere a Bhumidhar, being minor, lunatic or idiot.
Asami has not used his holding for a purpose coonected wilh agri- to the holding of culture, horticulhe or a~nnal. husbandry wGch Ixludes a disabled pj>iscicu!t7~e and poufiry famli~~g, two c o n s ~ u t i v ~ agri- Bhurnidhar. cultural years, the Gaon Sabia may, no twi ths l~~d~ip acythL~g cantained in any law, aM:r notice to the Bkum;dbar and his guardian ai~d after such enquiry as n a y be p-escribed, after the expry of the two years afcrssa~d, a d z d on behag of the EE?runidhar, any pzrson as Asnmi to the land ' comprisediin tke hddicg in tke manner and u p n t b ~ t ~ i ~ l S as :;lay be pr3sc:ibed a;id all the prov;sIons ~ l - tiis itatzt tippIica5ie tc an A s a ~ shall apply to hirn ns If he k a i been adxit:ed to the land by the Bhumi-Shar personally.
Consequen- 'b5A. (!)I Y/f,ere on the bssis cf aqy jifomatioa reces where shumidhar ceived by Em. (EX otherwise the Deputy- 1C:ornmissjo~:r has reason ip SeZeve that any land i3cIudcd in the hol3irrg of leaves land a Bhumibbar or Asami ha:, not been used for two cclsecu- ~ ~ l t i v a t e d - tive egricu~tuxsl years irmediately ?receding for a pacpase c ~ ~ e c t e i l ; with ag5cultu1-e, hvi*Lic~1:ture . ~ r anirnal hsbandry which inclildes ~iscicnltuse or poultry farming, Cc may, unless the laud lies withia the belt re'%ned to in seztion 23 or unless s ~ n c t i o ~ under that section has been obtaiced in respect thzreof, by notice require-
(i) the Bhrrnidhar to appear and show caasr, why the lsnd rnay not be let out for any such purpse as aforesaid to any person;
(ii) the Asami to appear and show cause shy his interest rnay not be extinguished and the land res~ored - .
'Ins. by s. 11 of Central Act 35 of 1965.
The Delhi Land Reform Act, 1954.
q f 'hapter I l l - 6 . Surrender, Abandonmefit, Extinction and AcqLcisitbn (Bhumidizms m d Asurnis))
(2) The notice under sub-section (1) shall state the grounds for believing that the land has not been used ior any purpose reierred to in that subscction'and such other particulars as may be prescribed.
(3) If the Bhumidhar or the Asami appears and satisfies the Deputy Commissioner-
(a) that the land was used for a purpose connected with agriculture, horticulture or animal husbandry which includes pisciculture and poultry farning during the period mentioned in sub-section (1);
(b) that he had sdlicient cause for not using it as aforesaid; or
(c) that he shall within one year next following the date of service of the notice under sub-section (I), ase the land for any such puspme as aforesaid ucless in the meantime the land is included w;:hin any belt referred to in seciion 23 or the use of the land for industrial purposes is sanctioned under that ssction, the Deputy Commissioner shall, in a case falling u d c r clause (a) or clause (b), discharge the notice fmthwith sad in a case falling under clmse (c), postpme furiksr pzocerrlhgs to a date s;le year aker the bat= of service of tt~e said
(3) On the date fixed under sub-ation (SF or any o:ser date tc which t3e proceedicgs may 'se adjcu~rned, tbe Di:pmy Camissjmer if he is satis5ed that tile l a d has Seen used fm any such purpose as afmesaid duds2 r4e said periei! of me year or that the land has beca bciv2cd mithin the S:;ft refened to in s3.ion 23 or that sanctic?? zs aforecard >.I:< been obtaiacd in respect "hereof, dischb.ye the notice 01 11 he is not so satissed, d e s s for reslsacs i? be recorded in writing he allows further time, he shall- (;) If the land is that of the Bhuaidhar, kase it on behalf of the Bhunidhat to any paem for a pericd 3E five years in such r;;amer and on srch terns md ~ 0 3 - ditions as may be prescribed;
(5) if the land is that of the A s a ~ i of the Bhurnidhar, terxinate the lease and restore the laod to the Bhumidhar subject to the condition that the Bhunaidhan.
shall undtirake to cultivate the land within six mourhs from the aate it is restored to him; aad if the Bhuzidhar does not give scch undertaking or fails, after giving such undertaking to cultivate the land within the said period, the Deputy Commissioner may lease the land on behalf d the Bhumidhar, to any person for a period of five years in such manner and on such terns and conditions as may be przscribed; and (Chopter IZI-G. Surrender, Abandonment, Extinction mid Acquisition (Bhumidhurs ad Asamis)) I, 90 The Delhi Lad Reform Act, 1954.
(iii) if the land is that of the Asami of a ~ & n Sabha, terminate, the lease an6 restore the land to the Gaon Sabha:
f
Provided that the restoration of the land of the Asami under this sub-section shall be without prejudice to any right of the Bhumidhar or Gaon Sabha, as the case may -be, to recover any rent due from the Asami.
(5) If the Bhumidhar or Asami appears in response to:
, the notice under sub-section (1) but does not undertake to;
use the land as provided in clause (c) of sub-section (3), or' if the Bhumidhar or Asami does not appear in response to!
such notice and the Deputy Commissioner, after such in-:
quiry as he may consider necessary, is satisfied that the;;
Bhumidhar or Asarmi has failed to use the land as afore-2 said during the period referred to in sub-section (I), he shall,f/ unless for reasons to be recorded in writing he decides to;
discharge the notice. take action under clause (i) or clause*
(ii) or, as the case may be, clause (iii) of sub-section (4).
(6) Oa the expiry cf the period of any lease of land under sub-section (4) or sub-section (5), if the Deputy Commissicmer, after making such inquiry as hs thinks fit, is satisfied-
(a) that the land has been properly d t ivded , he may declare the lessee to be Bhurnidkar in respect of such land subject to the payment by hl.m to the dq ina l Bhumidhar d compensation equal to twenty times the land revenue then payable for $uch lmd either in me lump sum or in such instalments together with interest as may be prescribed and upon such declaration the interest d the original Bhumidhar shall be extinguished;
(b) that the lagd has not been poperly cultivated by the lessee, the Deputy Cmmissioner shall terminate the lease and may lease the land 03 behalf of the Bhamidhar, to another p r s m for a per id of five years in such manner and on such terns and conditims as may be prescribed and on the expiry of the _period of su'zh lease, the provisions of this sub-section shall apply:
Provided that no lease shall be terminated unless the lessee has been given a reasonable oppkmity of being heard.
(7) Ndhing contained in this section shall apply to a Bhumidhar to whom the provisions of section 65 apply.]
Entry upon '
66. A Gaon Sabha or a landholder who enters upon a m aban- holding in contravention of the provisicms of section 64 shall' doned be deemed to have ejected the Asamil otherwise than in accordance with the provisions of this Act.
The Delhi Land Reforms Act, 1954 91 (Chapter III-G. Surrender, Abandonmefit, Extinction and Acquisition (Bhumidhs and Asamis))
67. The interest of a Bhumidhar in his holding or any ~ ; t ~ ~ ~ t i ~ part thereof shall be extinguished- interest of a Bhurni- (a) when he dies intestate leaving no heir entitid dhar.
to inherit in accordance with the provisions of this Act,
(b) when the land comprised in the holding has been acquired under any law for the time being in fcrce relating to the acquisition of land, '[****I '[(bb) when a declaration in resp-ct of such holding or part is made under clause (a) G£ sub-section (6) of section 65A.l "(c) when he has been ejected in accordance wiih the provisions of this Act, or]
(d) when he has been deprived of possession acd his right to recover possession is barred by limitation.
'[(dd) where his lease is terminated under clause t i i ) or clause $5) of sub-section (4). or clause (b) of subre; tion (6). of section 65A.l
68. Subject to the provisions of sections 51 and 52, the "extinction interest of an Asami in a holding or any part thereof shall be of the eriinguished- ~nterest of an Asami
(a) when he dies leaving no heir entitled to iaherit in accordance with the provisions of this Act,
(b) when the holding has been declared as abacdoned in accordance with the provisions of sa...tiou 64, Ic) when he surrenders his holding '[****I,
(d) when the land comprised in the hdding has been acquired under any law for the time being in force relating to the acquisition of land,
(e) when he has been ejected in accordance with the provisions of this Act, or I
(f) when he has been deprived of possession and his right to recover possession is barred by limitation.
69. (1) The extinction of the right. title and interest of ti^ n Bhumidhar shall operate to extinguish the interest of any terest of Asami holding under him. an Asami on extinc-
(2) Notwithstanding the provisions of section 75, whe- tion of never the interest of an Asami is extinguished under sub- fhe intenst section (I), the Gaon Sabha shill admit the Asami as an ge Bbumi.
.Asami to some other vacant land of such valuation compu- dhar.
--a- 'me word "or" rep. by s. 12 of Deihi Act 16 of 1956.
'Ins. by s. 12 of Central Act 38 of 1965.
%s. by s. 12 of Delhi Act 16 of 1956.
'Ins. hy s. 13 of Central Act 38 of 1965.
&The word "m part thereof" rep. by s. 13 of Delhl Act 16 of 1956.
7-i Deihi Adm.170 The Delhi Land Reforms Act, 1954 (Chapter ZIZ-G. Surrender, Abandonment, Extinction and Acquisition (Bhumidhars and Asamis)) ted at prevailing village rate of rent applicable to the land as shall be equal to the valuation of the land on which his right has determined.
Merger. 70. The interest of an Asami in his holding shall deter-.
mine when his interest and the interest of the Bhumidhar in the'wfiole of the holding become vested in one person in the &me right.
Rights and 71. When the interest of a Bhumidhar or Asami is extinguished .he shall vacate his holding and he shall, excepf of Bhumidhar or In cases where his interest has extinguished under or in ac- Asami on cordance with the provisions of any law for the time being extinction in force relating to the acquisition of land, have in respect of his interest. of removal of his standing crops and any construction existing on the holding the same right as he would have upon ejectment under the provisions of this Act.
GaOn Sabha 72. The Gacm Sabha shall be entitled to take possession to take ova land after of land comprised in holding or part thereof if- ' extinction of interest (a) the land was held by a Bhumidhar and his intherein. terest in such land is extinguished under '[clause (a) or clause (c) of] section 67, or
(b) the land, being land falling in any of the clauses mentioned in sub-clause (iii) of clause (a) of section 6, was held by an Asami and the Asarni has been ejected or his interest therein-have otherwise extinguished under the provisions of this Act.
Admission 73. The Gaon Sabha shall have the right to admit any land- person as Bhumidhar to any land, other than land falling in any of the classes mentioned in sub-dause (iii) ot clause
(a) ~f sction 6, where-
(a) the land is vacant land,
(b) the land is vested in the Gaon Sabha under section 154,
(c) the land has come into the possession of Gaon Sabha under section 72 or under any other provisign 'of this Act,
(d) the land is let in accordance with sub-section $4) d section 74.
Admission 74. (1) The Gacm Sabha shall have the right to admit to any person as Asami to any land falling in any of the classes mntloned mentioned in sub-clause (iii) of clause (a) of section 6 where-- in subclause (iii) ((a) the land is vacant land, of clause
(a) of sec- (b) the land is vested in the Gaon Sabha, or tion 6 or to waste (c) the land has wme lnto the possession of the land for Gam Sabha under section 72 or under any other proreclamation. vidon of this Act.
,Subp. by s. 14 of Delhi Act 16 of 1956, for the word "clause (a) of'.
The Delhi Land Reforms Act, 1954 93 . .(Chpter Ill-G. Surrender, Abondonmenr, Extinction and > Acquisition (Bhumidhms and Asamis))
(2) In order to encourage the reclamation of waste land, the G a m Sabha shall also have the right to adnlit any person as Asami on a five years lease to any land which forms part of the cultivable or uncultivable waste area of the village not included in holdings, which are vested in the , G a m Sabha under section 7, but which do not fall in any .of the classes mentioned in sub-clause (iii) of clause (a) of section 6.
(3) The Asami shall have the right to hold the land for the period d five years at a rate of rent, which shall not be more than 50 pzr cent. of the prevailing rate of rent of fhe village, payable for the land.
(4) At the end of five years, the Gaon Sabha shall report to the Revenue Assistant the extent to which' reclamation has been made. The Revenue Assistant shall, after necessary enquiry and after hearing the Asami, either order . the termination of the lease and his ejectment if there has been no reclamation or extend his lease for another period of two years. If, however, the land has been duly reclaime d during the period of five years or the extended priod, the Revenue Assistant shall direct the Gaon Sabha to admit the Asami as Bhumidhar under section 73. The Asan~i on his admission as Bhumidhar shall be liable to pay swli land revenue as shall be equal to 50 per cent. of the rent calculated at the prevailing village rate d rent together with cesses and local rates, but ha shall not be liable to pay any compensatim.
75. (1) In admitting any person as Bhumidhar or Asami Order of under section 73 or 74, Gaon Sabha shall, subject to the preference rules framed or any order made by Court in a suit for parti- ;tid$- tion or in any other suit, observe the following order of to preference- land under - sections 73 '[(a) persons in the armed forces of the Union and and 74.
the dependents of such of those persons as are killed in action, special preference being given in the case d persons decorated for gallantry.]
2[(aa)] a coqerat ive farm established under this Act holding land within the jurisdiction d the Gaon Sabha to enable it to possess a suitable area of agricultural or culturable land,
(b) a group of landless labourers or a landless labourer resid~ng in the village,
(c) a Bhumidhar residing in the village, who is holding land less than eight standard acres in area in the State,
(d) an Asami holding land less than eight s t2~3.
ard acres in area in the village, and - --- 'Ins. by Sec. 14 of Central Act 38 of 1965.
'Re-lettered by sec. 14, ibid.
94 The Dehi Land Reforms Act, 1954 (Chapter Ill-G. Surrender. Abandmment, Extitrction and Acquisition (Bhumidhars and As~rnis)LH. Eje'cttnent (Bhumidhar and Asami))
(e) any other person :
Provided that the land allotted to a co-operativc farm under '[clause (aa)] shall, if the registration of such farm is cancelled within two years of the allotment, revert upon such cancellation to the Gaon Sabha, and any person holding or retaining possession of such land shall be deemed to pe a person wcupying it without title liable to ejecrment under clause (b) of '[sub-section (1) of section 84;] A I
Provided further that in the cases to which clnuses
(b), (c), (d) and (e) apply the area to which the person concerned is admitted together with the total area of any other tenure held by him shall in no case exceed 8 standard acres :
i
Provided also that in the case of reclamation of waste land under sub-section (2) of section 74, where available, preference in the first instzincelshall be given to either the co-operative farm or a tenure holder having estab1ishe:i provision for mechanised farming in the Gaon Sabha area, and the Gaon Sabha in that case shall be entitled to let out in excess of eight standard acres with the previous sawtion in writing of the Chief Commissioner.
'[(2) The Deputy Commissioner may, on his own motion, and shall on the application of any person aggrieved by an Order of the Gaon Sabha passed under sub-section (I), enquire in the prescribed manner and if he is satisfied that the Gaon Sabha has scted with substantial irregularity or otherwise than in accordance with the provisions of this Act, he may cancel such order.
(3) Where the Deputy Commissioner cancels an order relating to admission of a person as Bhumidhar or ~Asami, fEle right title and interest of such person or any person blaiming through him shall cease in the land to which the order relates and shall revert to the Gaon Sabha and sny person holding or retaining possession of such land after such cancellation shall be deemed to be a trespasser in 'respct of such land and shall be liable to ejectment in the manner prescribed.]
H. Ejectment (Bhumidhar and Asami) Bhumidar 76. Subject to the provisions of section 33, 42, "81, E5, not liable 86. 86A and 871, no Bhumidhar shall be liable to ejectment.
to eiectmeni. 77. 4(1) An Asami shall be liable to ejectment from his Ejectment holding on the suit of the land-holder or Gaon Sabha, as of Asami.
4a) those menfioned in section "421, 69, 74 or 81, the case may be, on the following grounds o~ly- ¶subs. by set. 14, of Central Act 38 of 1965.
'Subs. by s. 14 of Central Act 38 of 1965.
=Subs. by s. 15, ibid.
'Re-nudbered and spbs. by s. 16, ibid.
The Delhi Land Reforms Act, 1954 95 (Chapter Ill .-H. Ejectment (Bhumidhar md Asarni))
(b) that he belonss to any of the classes mentioned in sub-clauses (i), (ii) and (iii) of clause (a) or in . clause (c) of section 6 and that he holds the land from I year to year oh for a period which has expired or will , expire before the end of the current agricultural year,
(c) that he belongs to the class mentioned in clause
(b) or (d) of section 6 and that-
(i) the land-holder wishes to bring the land under j j his personal cultivation and in cases where the lease is for a fixed term such term has expired. or
(ii) the disability was determined, or
(d) that there is an unsatisfied decree of arrears of rent outstanding against him and such decree 'tali be executed by ejectment.
'[(2) Notwithstanding anything contained in sub-section
(1) & Bhumidhar referred to in clause (f) of sub-section (1) of section 36 may. on retirement or discharge from the armed forces of the Union or 011 being sent on Reserve, within six months of such retirement or discharge or of his being sent on Reserve, apply to the Deputy Commissioner for ejectment of the Asami of his land, and the Deputy Cornmissioner may, after r~otice to the Asami and subject to such conditions as he may think fit to impose. cause possession of the land to be delivered to such Bhumidhar as soon as possible or, where there are standing crops on such land, within one month of the harvesting of such crops.]
78. (1) Where in execution of any decree (other than E0g,"pzd a de~ree under section 84) or order f w delivery of possession trees when the Court is satisfied that any ungathered crops or trees which ejectment are the property of the judgment-debtor exist on the land to takes effect.
be delivered, the Court executing the decree or order shall, notwithstanding anything in the Code of Civil Procedure, ,1908, proceed as follows :-
(a) if the amount due from the judgment-debtor is equal to crr greater than the value of such crops or trees, the Court shaU deliver the possession of the land with the crops and the trees to the Gaon Sabha or the landholder. as the case may be, and all rights of the judgment-debtor in or upon such crops or trees shall pass to the decree holder.
(b) if the amount due from the judgment-debtor is less than the value of such crops or trees and-
(i) the Gaon Sabha or the land-holder pays :he difference between such amount and the value to the judgment-debtor, the Court shall deliver the possession of the holding to the Gaon Sabha or land-holder concerned and all rights. of the judgment-debtor in such crops or trees shall pass to decree holder;
"Ink by s. 16, of Central Act 38 of 1965.
96 The Delhi Land Reforms AC;, I954 (Chapter Ill-H. Ejectment (Bhumidhar arzd Asami))
(ii) the Gaon Sobha or the land-holder does nat pay such difference, the judgment-debtor shall have a rig