REGISTERED No. D. 221 The Gazette of India EXTRAORDINARY
PART II—Section 1 PUBLISHED BY AUTHORITY No. 37] NEW DELHI, TUESDAY, AUGUST 29, 1961/BHADRA 7,1883 Punjab Act 3 of 1911.
a of 1924, 61 of 1957.
MINISTRY OF LAW (Legislative Department) New Delhi, the 29th August, 1961/Bhadra 7, 1883 (Saka.)
The following Acts of Parliament received the assent of the President on the 28th August, 1961, and are hereby published for general information:— THE DELHI (URBAN AREAS) TENANTS' RELIEF ACT, 1961 No. 30 OF 1961 [28th August, 1961] An Act to provide relief to the tenants of land in the urban areas of the Union territory of Delhi.
BE it enacted by Parliament in the Twelfth Year of the Republic of India as follows: —
1. (1) This Act may be called the Delhi (Urban Areas) Tenants' Relief Act, 1961.
(2) It extends to the areas In the Union territory of Delhi which, immediately before the 1st day of November, 1956, were included in a municipality or in a notified area under the provisions of the Punjab Municipal Act, 1911, or in a cantonment under the provisions of the Cantonments Act, 1924, but shall not apply to the areas owned by the Central Government or the Delhi Development Authority constituted under the Delhi Development Act, 1957 or any local authority,
(3) It shall come into force on such date as the Chief Commissioner may, by notification in the Official Gazette, appoint.
2. In this Act, unless the context otherwise requires,—
(a) "Chief Commissioner" means the Chief Commissioner of Delhi;
Short title, extent and commencement Definitions.
(279) 280 THE GAZETTE OF INDIA EXTRAORDINARY [PART II Grounds of ejectment of tenant.
(b) "family" means—
(i) in relation to a person belonging to a joint Hindu family, every member: of such family; and
(ii) in relation to any. other person, the person, the wife or husband, as the caae may be, and the dependent children and grand-children, of such person;
(c) "land-holder" means a person under whom a tenant holds land and to whom the tenant is, or but for a special contract would be, liable to pay rent for the land;
(d) "person under disability" means—•
(t) a widow;
(ii) a minor whose father has died;
(Hi) a woman who is unmarried or who, if married, is divorced or judicially separated from her husband or whose husband is a person falling under item (iv) or (v);
(iv) a member of the Armed Forces of the Union;
(v) a person incapable of cultivating land by reason of some physical, or mental disability;
(vt) a person prosecuting studies in a recognised institution and not exceeding 25 years of age; or
(vii) a person who is under detention or undergoing .imprisonment;
(e) "tenant" and "tenancy" include a sub-tenant and a subtenancy respectively;
(f) the words "land" and "tenant" and all other words and expressions used but not denned in this Act and denned in the Punjab Tenancy Act, 1887 or the Agra Tenancy Act, 1901 shell ' have the meanings respectively assigned to them,— (
(i) in relation to areas to which the Punjab Tenancy Act, 1887 applies, in that Act; or
(ii) in relation to areas to which the Agra Tenancy Act 1901 epplies, in that Act.
3. (1) After the commencement of this Act, no person shall be liable to be ejected from any land held by him as tenant except on one or more of the following grounds, namely: —
(a) that a decree for arrear of rent due in respect of the land ' remains unsatisfied after the expiry of the period allowed therefor;
(b) where rent is payable in kind, that he has without sufficient cause failed tQ cultivate the land;
16 ot 1887.
U. P. Act II of 1901.
SEC. i j THE GAZETTE b F INDIA E3(tRAOR£>INARY 2&1
(c) that he has sub-let or otherwise transferred the whole or any part of the tenancy in contravention of any law for the time being in force or of any contract;
(d) that he has used the land in a manner which renders it unfit lor the purpose for which it was let.
(2) Without prejudice to the provisions of sub-section (1) but •ubject to the provisions of any law for the time being In force or of any contract between the parties, a tenant may be ejected from the land held by him by a land-holder,—
(a) in any case where the land-holder is a religious or charitable institution, on the ground that the institution requires the land bona fide for use for a non-agricultural purpose In furtherance of its objects; and
(b) in any case where the land-holder was a person under disability at the commencement of the tenancy, on the ground that he requires the land bona fide for cultivation by himself or for building a dwelling house, a cattle shed or business premises for use by himself or any member of his family and the proceeding for ejectment is instituted during the period when he Is under disability or within two years from the date when he ceases oi has ceased to be under disability:
Provided that no proceeding shall lie under this sub-section in respect of any share of land unless the share has first been partitioned by metes and bounds.
Explanation.—For the purposes of this section, the disability of a person shall cease,—
(a) in the case of a widow, if she re-marries, on the date of her re-marriage or if any person succeeds to the widow on her death, on the date of her death;
(b) in the case of a minor, on the date of his attaining majority; ' ;• <t! ,,f\
(c) in the case of a woman who is unmarried or who Is divorced or judicially separated from her husband, on the date of her marriage or re-marriage, as the case may be, or in the case of a woman whose husband is a person falling under clause (d) or
(e), on the date on which the disability of the husband ceases;
(d) in the case of a person who is e member of the Armed Forces of the Union, on the date of his discharge from service or of his posting to the reserve;
(e) in the case of a person suffering from a physical or mental disability, on the date on which the disability ceases to exist;
282 ¥l iE GA^ETTli OF INDlA EXTRAORDINARY [£ART it Abatement of proceeding*.
Reitorttion of land to tenant In certain eases.
Rent.
Act to override contract*, etc.
(/) in the case of a person who is prosecuting studies in a recognised institution, on the date when he ceases to prosecute Btudies in that or any other recognised institution;
(g) in the case of a person under detention or undergoing imprisonment, on the date when he is released from detention or imprisonment.
4. Save as provided in section 3, no tenant of land shall, whether in execution of a decree or order of a court or otherwise, be ejected from the land, and if there is any proceeding for ejectment of such tenant pending immediately before the commencement of this Act and the proceeding could not have been instituted had this Act been in force at the time of the institution of such proceeding, then, notwithstanding anything contained in any law, such proceeding shall, on such commencement, abate.
5. (1) Where, after the commencement of this Act, a person under disability or a religious or charitable institution has taken possession of land by ejecting the tenant therefrom under subsection (2) of section 3 on the ground that the land is required for a purpose specified in that sub-section and such person or institution fails to use the land for that purpose within one year from the date on which such person or institution took possession thereof, the tenant shall be entitled to be restored to possession of the land from which he was ejected, on the same terms on which he held it at the time of ejectment.
(2) Where, on or after the 1st July, 1958 and before the commencement of this Act, any tenant of land has been ejected from the land and the ejectment could not have taken place if this Act had been in force on the date of such ejectment, the officer specified in this behalf by the Chief Commissioner may, either on his own motion or on application made by the tenant, restore him to possession of the land from which he has been ejected, on the same terms on which he held it at the time of ejectment.
(3) Nothing in this section shall be construed as entitling a tenant to be restored to possession of any land if it is under cultivation by the owner who is a person under disability or has, on or before the 28th day of March, 1961, ceased to be used for agricultural purposes.
6. The rent payable by a tenant in respect of land held by him as such shall not exceed one-fifth of the produce of the land or the money equivalent thereof, or where a lower rent is agreed upon between him and the land-holder, the agreed rent.
7. The provisions of this Act shall, save as otherwise expressly provided, have effect notwithstanding anything to the contrary contained Sit. lj TkE GAZETTE OF IN&IA EXTRAORDINARV 2&$ 16 of 1887.
U P. Act II of 1901.
Punjab Act XXII of
1950.
11 of 1948.
In any other law, custom or usage or agreement or decree or order 0 court.
8. (1) The Chief Commissioner may, by notification in the Omelet Gazette, make rules for carrying out the purposes of this Act.
(2) Every rule made under this section shall be laid as soon a:
may be after it is made, before each House of Parliament while it I;
in session for a total period of thirty days which may be comprised ir one session or in two successive sessions, and if, before the expiry oJ the session in which it is so laid or the session immediately following both Houses agree in making any modification in the rule or botr Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule,
9. (1) The provisions of the Punjab Tenancy Act, 1887 and the Agra Tenancy Act, 1.901 and the Punjab Tenants (Security of Tenure) Act, 1950, as applicable to the areas to which this Act extends, which are inconsistent with the provisions of this Act are hereby repealed,
(2) Notwithstanding such repeal, anything done or any action taken in exercise of any power conferred by or under any of the provisions so repealed, to the extent to which it is not inconsistent with the provisions of this Act, shall be deemed to have been done or taken in exercise of the powers conferred by this Act as if this Act was In force on the date on which such thing was done or such action was taken.
THE MINIMUM WAGES (AMENDMENT) ACT, 1961 No. 31 OF 1961 [28th August, 1961] An Act further to amend the Minimum Wages Act, 1948 BE it enacted by Parliament in the Twelfth Year of the Republic af India as follows: —
1. This Act may be called the Minimum Wages (Amendment) ^ct, 1961.
2. In section 3 of the Minimum Wages Act, 1948 (hereinafter reerred to as the principal Act),—
(i) in sub-section (1), for clause (a), the following clause shall be substituted, namely: — "(a) fix the minimum rates of wages payable to employees employed in an employment specified in Part I or Power to nukomlei.
Repeal.
Short title.
Amendment Df section 3.
284 *ME GAZfiTTfi OF INDIA EkfRAORDINARV [I*ART il Part II of the Schedule and in an employment added to either Part by notification under section 27:
Provided that the appropriate Government may, in respect of employees employed in an employment specified in Part II of the Schedule, instead uf fixing minimum rates of wages under this clause for the whole State, fix such rates' for a part of the State ur for any specified class or classes of such employment in the whole State or part thereof;";
(ii) in sub-section (1A),—
(a) the words, brackets and figure "whether before or after the expiry of any time limit specified in sub-section (2)," shall be omitted;
(b) for the words, "within one year from the date on which jt comes to such finding", the w.ords "as soon as may be after such finding" shall be substituted;
(iii) after sub-section (2), the following sub-section shall be inserted, namely: — "(2A) Where in respect of an industrial dispute relating to the rates of wages payable to any of the employees employed in a scheduled employment, any proceeding is pending before a Tribunal or National Tribunal under the Industrial Disputes Act, 1947 or before any like authority under any other law for the time being in force, or an award made by any Tribunal, National Tribunal or such authority is in operation, and a notification fixing or revising the minimum rates of wages in respect ox the scheduled employment is issued during the pendency of such proceeding or the operation of the award, then, notwithstand:
ing anything contained in this Act, the minimum rates of wages so fixed or so revised shall not apply to those employees during the period in which the proceeding is pending and the award made therein is in operation or, as the case may be, where the notification is issued during the period of operation of an award, during that period; and where such proceeding or award relates to the rates of wages payable to all the employees in the scheduled employment, no minimum rates of wages shall be fixed or. revised in respect of that employment during the said period.".
14 of 1947- SEC. 1J THE GAZETTE OF INDIA EXTRAORDINARY 285 jficf 1954.
7' (f '957- 26 of 1954.
30 of 1957.
3. After section 30 of the principal Act, the following section shall.be inserted, namely: — "30A. Every rule made by the Central Government under this Act shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or In two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, os the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.".
4. For section 31 of the principal Act, the following section shall be substituted, namely: — "31, Where during the per iodfa) commencing on the 1st day of April, 1&52, and ending with the date of the commencement of the Minimum Wages (Amendment) Act, 1954; or
(b) commencing on the 31st day of December, 1954, and ending with the date of the curiiiiiencement of the Minimum Wages (Amendment) Act, 1957; or
(c) commencing on the 31st da> L! December, 1959, and ending with the date of the commencement of the Minimum Wages (Amendment) Act, 1961, minimum rates of wages have been fixed by an appropriate Government as being payable to employees employed in any employment specified in the Schedule in the belief or purported belief that such rates were being fixed under clause (a) of subsection (1) of section 3, as in force immediately before the commencement of the Minimum Wages (Amendment) Act, 1954, or the Minimum Wages (Amendment) Act, 1957, or the Minimum Wages (Amendment) Act, 1961, as the case may be, such rates shall be deemed to have been fixed in accordance with law and Insertion of new flection 30A.
Rules made by Central Government to be laid before Parliament.
Substitution of new section for section 31.
Validation of fixation of certain minimum rates of wages.
286 THE GAZETTE OF INDIA EXTRAORDINARY [PART ll Short title.
Amendment of section a.
Amendment of section 3.
shall not be called in question in any court on the ground merely that the relevant date specified for the purpose in that clause had expired at the time the rates were fixed:
Provided that nothing contained in this section shall extend, or be construed to extend, to affect any person with any punishment or penalty whatsoever by reason of the payment by him by way of wages to any of his employees during any period specified in this section of an amount which is less than the minimum rates of wages referred to in this section or by reason of non-compliance during the period aforesaid with any order or rule issued under section 13.".
THE KHADI AND VILLAGE INDUSTRIES COMMIS- SION (AMENDMENT) ACT, 1961 No. 32 OF 1961 1 128th August, 1961] An Act further to amned the Khadi and Village Industries Commission Act, 1956.
BE it enacted by Parliament in the Twelfth Year of the Republic of India as follows: —
1. This Act may be called the Khadi and Village Industries Commission (Amendment) Act, 1961.
2. In section 2 of the Khadi and Village Industries Commission Act, 1956 (hereinafter referred to as the principal Act),— <
(i) in clause (e), for the words "and includes the chairman", the words "and includes the chairman and the vice-chairman" shall be substituted;
(ii) after clause (g), the following clause shall be inserted, namely: — ' (00) "vice-chairman" means the vice-chairman of the Commission;',
3. In section 3 of the principal Act, for sub-section (1), the following sub-section shall be substituted, namely: <— •'(1) The Central Government may, of its own motion or on the recommendation of the Commission, by notification in the Official Gazette, add to, or omit from, the Schedule any village industry or alter the description of any village industry and thereupon the Schedule shall be deemed to be amended accordingly.".
61 of 19561 SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY 287
4. In section 4 of the principal Act, after sub-section (2), the following sub-section shall be inserted, namely: — "'(3) The Central Government may appoint from among th< members of the Commission a vice-chairman who shall exercise such of the powers and perform such of the duties of the chairman as may be prescribed or as may be delegated to him by thf chairman.".
5. In section 5 of the principal Act, for the words "a membei other than the chairman", the words "a member other than tht chairman or the vice-chairman" shall be substituted.
6. In section 12 of the principal Act, for sub-section (2), the following sub-section shall be substituted, namely: — "(2) The chairman or, in his absence, the vice-chairman or in the absence of both the chairman and the vice-chairman, anj member chosen by the members present from among themselves shall preside at a meeting of the Commission.".
7. In section 13 of the principal Act, for the words "and the terms and conditions of service of the chairman", the words "and the terms and conditions of service of the chairman, the vice-chairman" shal] be substituted.
8. In section 15 of the principal Act, in sub-section (2), in clauss
(c), after the words "village industries", the words "or handicrafts" shall be inserted and shall be deemed always to have been inserted.
9. After section 17 of the principal Act, the following section shall be inserted, namely: — "17A. The Commission may, for the purpose of development of khadi or the development of village industries, receive gifts;
grants, donations or benefactions from the Government or any other person.".
10. In section 18 of the principal Act,— 1
(i) in sub-section (1), after the words "and all receipts of the Commission", the brackets, words, figures and letter " (including all gifts, grants, donations or benefactions received under sect.on 17A)" shall be inserted;
(ii) after sub-section (I), ' the following sub-sections shall be inserted, namely: — " (1A) All receipts of the Commission in respect of products of handicrafts phall be credited to the village indus- Amenilment.
oi section 4.
Amendment of section 3.
Amendment of section 13.
Amendment of section 13 Amendment of section T5.
Insertion of new section
17A.
Commission to receive gifts, grants, etc. • Amendment of section 18.
288 THE GAZETTE OF INDIA EXTRAORDINARY [FART II Insertion of new sections 19A and
19B.
Standing Finance Committees.
Recovery of monies due to the Commission as arrears of landrevenue, Amendment of section
20.
tries fund and all payments by the Commission for or in respect of such products shall be made from that fund.
(IB) If at any time, the amount available in either of the two funds referred to in sub-section (1) is in excess of the requirements of that fund and the amount available in the other fund is insufficient to meet the requirements of that fund, the Commission may, with the previous approval of the Central Government, transfer from the first mentioned fund the excess amount or such part thereof as may be necessary to the other fund.
Explanation.—For the purposes of computing the amount available in either of the two funds, the amounts received under section 17A shall not be taken into account.".
11. After section 19 of the principal Act, the following sections shall be inserted, namely:— "19A. (1) There shall be constituted from among the members of the Commission in the prescribed manner, a Standing Finance Committee in respect of each of the two funds referred to in section 18.
(2) The Standing Finance Committee shall exercise such of the powers of the Commission under section 19 as are delegated to it by the Commission.
19B. (1) Any sum payable to the Commission under any agreement, express or implied, or otherwise howsoever, may be recovered in the same manner as an arrear of land-revenue.
(2) If any question arises whether a sum is payable to the Commission within the meaning of sub-section (1), it shall be referred to a Tribunal constituted by the Central Government for the purpose which shall, after making such inquiry as it may deem fit and after giving to the person by whom the sum is alleged to be payable an opportunity of being heard, decide the question; and the decision of the Tribunal shall be final and shall not be called in question by any court or other authority.
(3) The Tribunal shall consist of one person whe is not connected with the Commission or with the person by whom the sum is alleged to be payable.
(4) The expenses of the Tribunal shall be borne by the Commission.".
12. In section 20 of the principal Act, in sub-section (3), for the words "but in no case", the words, brackets, figures and letter "but, SEC. 1J THE GAZETTE OF INDIA EXTRAORDINARY 289 subject to the provisions of sub-section (IB) of section 1'8, in no case" shall be substituted.
13. In section 26 of the principal Act,—
(i) in sub-section (2),—
(a) in clause (a), for the words "and the terms and conditions of service of the Chairman", the words "and the terms and conditions of service cf the chairman, the vicechairman" shall be substituted;
(b) after clause (c), the following clause shall be inserted, namely: — (l(cc) the powers and duties to be exercised and performed by the chairman and the vice-chairman;";
(c) after clause (d), the following clauses shall be inserted, namely: — " (dd) the constitution of the Standing Finance Committees under sub-section (1) of section 19A;
(ddd) the procedure to be followed by the Tribunal in deciding questions referred to it under sub-section (2) of section 19B;";
(ii). for sub-section (3), the following sub-section shall be substituted, namely: — " (3) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and, if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification In the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.".
14. In section 27 of the principal Act, in sub-section (2),—
(i) after clause (b), the following clause shall be inserted, namely: — "(bb) the summoning and holding of meetings, and the conduct of business of a Standing Finance Committee;";
Amendmeni of section 26.
Amendment of section 27.
290 THE GAZETTE OF NDIA EXTRAORDINARY [PART II—SEC. 1]
(ii) in clause -(h), the words "and the fees chargeable in reepect thereof" shall be added at the end.
R. C. S. SARKAR, Secy, to the Govt. of India.
PRINTED IN INDIA BY THE GENERAL MANAGER, GOVT. OF INDIA PRESS, NKW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS, DELHI, 1961 .