LexThe Delhi Land Reforms Act, 1954
Delhi · state statute
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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. commence- ment (2) It extends to the whole of the Union temtory of Delhi, but shall not apply to- (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 provi- sions 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 Acqui- sition Act, 1894, or any other enactment other than thi~ 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 under- clause (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 (1) The following Acts, in so far as they apply to areas to which this Act extends, are hereby repealed- (i) the Punjab Tenancy Act, 1887, as modified by Punjab Act No. 9 of 1939, ---.-- "&bs.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 hav- ing the force of law for the time being in force as is in- consistent with the provisions of this Act. (2) Notwithstanding such repeal, anything done or ac- tion 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 pos- sessor 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 px- pose 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 Fcyt 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 Com- missioner 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 sec- tions 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 Ten- ancy 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 hold- ing- (i) a dwelling house erected on the holding by tl~ 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 poul- try farming; (li) mj work \vhich adds materially to ths value of the holding and is cozcistent with the purposes afore- said, which if not executeri ~rl the holding, is either executed directly for its benefit or is, after execution, made directly beneficial to it; and subject to the fore- going 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 fore- going works or such alterations therein or additions thereto, as are not of the nature of mere repairs : Provided that such water channels, embankments, en- closures, 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) cul- tivated 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 im- mgdiately before the commencement of this Act, whe- ther 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 include- land occupied by buildings in belts of areas adjacent to Ddhi tom and New hlhi town, which the Chief Cornmissioner may by a notification in the official Gazet- te 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 Canton- ment; (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 oc- cupied 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 conves- tible 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 anj ares which the Chief Com- missioner 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 assign- ed to them in the bra 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). The 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 dlr- ectly under and is liab1~ 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 tenure- holder 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 sub- tenure 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, pay- ing 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 commence- ment of this Act: (b) every class of tenants otier than those referrzd lo in clause (a) and sub-tenants who are declared Bhu- midhars 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 ac- quires 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). Ins. by s. 4 of Delhi Act 16 of 1956. The 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 clas- ses 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 im- mediately &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 pur- pose of growing singhara and other ~:32uce or land in the bed of a river and used far carnal or oc- casional cultivation; (b) every person who, in accordance with the pro- visions of '[section 36 or section 65Aj, becornes a lessec of land comprised in the tenure of a Bhurnidhar re- ferred 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 Gam Sabha or a person authorised to do so under ihc pro- visions of this Act: , (d) every person who is a tenact of Sir Dr a sub- tenant 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 sub- tenant 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 commen- and 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 ~oid 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 con- solidation of holdings made avaiiable for use for any pur- poses other than those referred to in this sub-seclion, land kept aside in exchange thereof, as a result d such consoli- dation, siail for the purposes of 15% Act L% deemed to be land originally meant far purpcsss referred to in 1h;s sub- section]. Expimzation,-For the purposes of this sub-section- (i) "waste land" shall include cultivable 2nd un- cultivable 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 mention- ed in clause (13) of sectics 3, at any lime b-fore ihz 28th day of Octolber, 1956, cr (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 Com- missioner shall pass an order in respt of the proprietor or proprietors of each village either singly or collectively divest- ing the individual proprietor or propretors of the rights mzn- tloned 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 valu~ to four timns the amount of annual land re- venue 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 concem- ed. qns. by s. 5 of Delhi Act 16 of 1956. me 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 calcdated- for 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 Com- missioner 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 Pre- sident, 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 vil- lage 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 con- tinue to belong to or be held by such perm on such terms and conditions as may be prescribed by the Chief Ccsnn~is- sioner]. 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 cr 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 ~ct, .and the land held by such tenant ar~d sub-tenant shall not 1887, and for the ~u:pols;s of setion 11 be :.v~ilabie to the Sirholder, of Tenants occupancy tenant unbzr section 5 zf the Pmjab Tenancy Act. 18S7, or to the Fattadar Dav:a~ or Isramrarl fo.- ac- land with quisition of Bhumidhari rights. Patta Da- wami 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 subs- section (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 ~hich the Agra Tenawy ~~f;i~~~tio~ Act, 1901, was applicable; revenue. , / 68 The Delhi Land Reforms Act. 1954 (Chapter III-A. D~~tion 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 trans- fer 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-~LI~C~ ----- uq- less the contrary is proved] : Provided thzl where land htId as Khud Kash'. by a proprietor beiovging t2 any of tkc categmies of persoas re- ferred 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 kin 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 orda the xcupanc1J tenant zr the Pattadar to deposit ir Govern. ment Treasury an ari;olun: equal to bur times thz land reve- nue as ascertained in su3-soctim (4). for the area of wllic~ he is declared as Ehumidar as coispensaticx3 thereof. If hi: fails to dep~sit 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-tenant- of occu- pancy ex- (a) of an occupancy tenant other than an occupan- proprle- tary 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- ( P8b 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 rde of rsiit. or1 (.c) of a tenant holding land un.'er a Patta Daaa- mi or Istamrari but without right d transfer by sale. who is recorded as such in thz fasli year, before the corri- mencement of this Act, shall be dee~el to be a non-oclu- pancy tenant of the land held by him and such land, icr the purposes of section 13, shall not be available to the oc- cupan2.y tenant, enprogri-irry tenant '[r~n-oc~upnc)' kfi- ants, 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-secti3~ (2) of section 10 ri:d apply, mutatis mutandis, to this sechor.. 13. (1) the commencement cI this Act, the De- %umidhai ~dty Commissioner shall also declare the following C~SS~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 4~02 Bhumidhers ccder this namely : - (a) a rent fret orantee or a grantee at frvourabb rate of rent: (b) an exp;oprietary tenant ic Shahdara Circie; (c) an cccupailcr tenant, except those undtr sec- tion 5 of the Punjab Tenancy Act, 1887; (d) a non-m;.upncy tenani. who pa) S rent al rr- venue 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 ~of Union territ~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 with- out any right to sell. (2) Every person who, after the cCmImenCement of this ~ct, is admitted to land as Bhumidhar cr who acq~ir?~ Bhumidhari rights under any provisions of this Act, shall - __-_ _-, B]ins. by s. 7 of Delhi Act i6 of 1956. abs. 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 (~ha~rer Ill-A. Declormion of Bhumidhei right*. compensation and land Revenue) have all the nghts and be subject to all the liabilities con- ferred 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 com- land 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 de- clared 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 ac- count 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 in 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 imim- diately preceding the conrmencement of this Act is less than the actual amount of land revenue payable immedja- tely 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 aent 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 Gw- ernment Treasury to the credit of the proprietar con- cerned 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-occupan- cy 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 de- clared as Bhumidhar under clause (e) of sub-section (1) of section 13 shall- (a) be liable for payment of such amount on ac- count of land revenue for the holding or his share there- in 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 daer- mined under clause (a) which shall be distributed bet- ween 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 OI?~ 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 com- mencement 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 agrical- tural calamity in the area concerned, the payment of com- pensation shall also be postponed or suspended but in the case of remission d land rcvenue, the payment of compen- sation 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 succes- sor-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, com- pensation and land Revenue-General consequences of th~ terminorion of intermediaries rights) (8) In this section the expression "rent deemed to be pya 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 ave- rage 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 pie- vailing village rate of rent; and (iii) '[where it is not possible to ascertain the cro,~ grown in the preeding five years, the rent shall be cal- culated at the prevailing village rate of re~t]. (9) Every person, who, after the commencement of this 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~ermedin- ries 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 to- with posses- sion. 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 fw 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 Bhumi- dhar 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 mort- gagee. (4) Where the area mortgaged or part thereof is let out ta tenants, the mortgagee shall be declared as the Bhumi- clhar 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 sub- sections, (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-ari or Ista- mrari, 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 Consequ- law 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 mort- gagee and tenants, if any, in respect of the mortgaged pro- gagees etc., perty or any portion thereof are declared Bhumidhars in ac- cordancs with the provisions of sub-section (3) or sub-section (4), as the case may be, of that section, the following conse- quences shall follow, namely : - (1) the proprietor mortgagor shall be absoltltely debar- red 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 ha~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 mort- gaze 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 ccL11i- pensation 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 accord- ance with the provisions of clauses (a) and (b) of sub 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 cm~nsation determined above, an amount equal to four times the land revenue pay- able 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 dm 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 ex- tent 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 noth- ing 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 Pun- jab 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 tenan
Excerpt shown. Open the full act in Lexace.