DELHI LAND REFORMS ACT, 1954
(1) This Act may be called the Delhi Land Reforms Act, 1954.
(2) It extends to the whole of the Union territory of Delhi, but shall not apply to
(a) 11. For the words "The areas which substituted by Act 16 of 1956. 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) 22. For the words areas Controller, notified, held occupied or owned by the Delhi, Improvement Trust substituted by Act 4 of 1956. areas included in any estate owned by the Central Government or any local authority, and
(c) areas held and occupied for a public purpose or a work of public utility and
Section 1 of the Delhi Land Reforms Act, 1954, lays down the preliminary scope and extent of the Act, establishing its territorial jurisdiction and defining its application scope. It is foundational for understanding the reach and applicability of the entire legislation concerning land reforms in Delhi.
Section 1 states that:- The Act may be called the Delhi Land Reforms Act, 1954.- It extends to the whole of the Union Territory of Delhi, except for specified areas.- Certain areas are excluded from its operation, such as lands included in municipalities, notified areas, or lands acquired under other laws.- The Act aims to modify the Zamindari system, creating a uniform body of peasant proprietors and unifying land tenure laws.
Section 1 itself does not prescribe any punishments. Its primary function is to define the scope and application. Violations of the Act’s provisions, where applicable, are subject to penalties under relevant sections, but Section 1 does not specify any.
In summary, Section 1 of the Delhi Land Reforms Act, 1954, establishes the territorial jurisdiction, clarifies the scope of application, and underscores the policy objective of modifying the Zamindari system to promote peasant proprietorship, while explicitly excluding urban and certain notified or acquired lands from its ambit. The section forms the bedrock for the entire land reform framework in Delhi, guiding the application of subsequent provisions and judicial interpretations.
(1) The following Acts, in so far as they apply to areas to which this Act extends, are hereby repealed Section 2 of the Delhi Land Reforms Act, 1954, forms the foundation of the Act by defining key terms and establishing the scope of the legislation. It aims to modify the zamindari system, regulate land tenure, and prevent fragmentation of agricultural holdings in Delhi, thereby promoting a uniform body of peasant proprietors . Section 2 of the Delhi Land Reforms Act, 1954, primarily provides definitions of important terms used in the Act, such as "land," "holding," "Bhumidhar," "tenant," and others. It also clarifies the extent of the Act's application, excluding certain areas like those already under municipal or other specified jurisdictions. It sets the legal framework for the scope and applicability of the Act . Section 2 delineates the scope of the Act by:- Defining the geographical limits, primarily the Union Territory of Delhi, excluding areas under municipal or other notified jurisdictions.- Establishing the types of land and rights covered, such as agricultural land, waste land, and land vested in Gaon Sabha.- Clarifying that the Act modifies the zamindari system and aims to create a body of peasant proprietors.- Excluding areas already under urban development or notified for acquisition, thus limiting the applicability to rural and semi-urban areas . Section 2 itself primarily deals with definitions and scope; it does not prescribe punishments. However, violations of the provisions relating to land transfer, fragmentation, or unauthorized use, as defined under subsequent sections, can attract penalties or penalties under other provisions of the Act and applicable laws . This concise legal commentary highlights the importance of Section 2 in framing the scope, definitions, and legal boundaries of the Delhi Land Reforms Act, 1954, ensuring clarity and effective land governance in Delhi's rural and semi-urban areas.
(i) the Punjab Tenancy Act, 1887, as modified by Punjab Act No. 9 of 1939;
(ii) the Agra Tenancy Act, 1901;
(iii) the Punjab Tenants (Security of Tenure) Act, 1950.
(iv) the Punjab Land Revenue Act, 1887, in so far as its provisions are inconsistent with this Act.
(v) 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.
Legal Commentary on Section 2 of the Delhi Land Reforms Act, 1954
Introduction
What does Section 2 Say?
Essential Ingredients
Scope of Section 2
Punishment for Section
Legal Comments
In this Act, unless the context otherwise requires,-
(1) "agricultural year" or "fasli year" means the year commencing on the 1st day of July and ending on the 30th day of June;
(2) all words and expression used to denote the possessor of any right, title or interest in land, whether the same be proprietary or otherwise, shall be deemed to include the predecessors and successors in right, title or interest of such possess or;
(3) "charitable purpose" includes relief of the poor, education, medical relief or the advancement of any other object of general public utility, but does not include a purpose which relates exclusively to religious teaching or worship;
(4) "decree" has the meaning assigned to it in the Code of Civil Procedure, 1908;
Section 3 of the Delhi Land Reforms Act, 1954, is a foundational provision that defines key terms and sets the scope for the application of the Act. It delineates the types of land covered, the classification of land, and the powers of authorities to regulate land use, ownership, and transfer within the framework of land reforms aimed at creating a uniform body of peasant proprietors and regulating land holdings.
Section 3 provides definitions for critical terms such as "land," "holding," "Bhumidhar," "Asami," "tenant," "non-occupancy tenant," "Chief Commissioner," and "Deputy Commissioner." It clarifies the scope of land subject to the Act, including land used for agriculture, horticulture, animal husbandry, pisciculture, poultry farming, village abadi, grovelands, village pasture, and water bodies used for cultivation. It also specifies the circumstances under which land ceases to be governed by the Act, such as when it is included in urbanized areas under notifications issued under other laws.
Section 3's scope encompasses:- All lands used for agricultural and related purposes within rural areas.- Village abadi, grovelands, village pasture, and water bodies used for cultivation.- Lands that are not included in urbanized areas or notified as non-agricultural.- It excludes lands in urbanized areas or those declared as non-agricultural under notifications, thus limiting the Act's applicability to rural and semi-rural lands.
Section 3 itself does not prescribe specific punishments. However, violations related to land use, transfer, or non-compliance with land classification provisions under the Act can attract penalties, ejectment orders, or other legal consequences under sections like 81, 82, or 185 of the Act, which deal with misuse, non-agricultural use, or illegal transfer of land.
In summary, Section 3 of the Delhi Land Reforms Act, 1954, provides the essential definitions and scope that determine the applicability of the Act to various types of land in Delhi, primarily focusing on rural, agricultural, and village lands. Its provisions are subject to change upon urbanization notifications, and the rights and restrictions of landholders are governed accordingly. The Act aims to regulate land use, ownership, and transfer to promote equitable land distribution and prevent misuse, with enforcement through various legal mechanisms and authority powers.
(1) There shall be, for the purpose of this Act, only one class of tenure-holder, that is to say, Bhumidhar and one class of sub-tenure holder, that is to say, Asami.
(2) Tenure holder means a person who holds land directly under and is liable to pay land revenue for that land to the State, and sub-tenure is a person who holds land from a tenure-holder or Gaon Sabha and is liable to pay rent therefor, to the tenure-holder or a Gaon Sabha: 11. Proviso added by Delhi Act 16 of 1956. [Provided that land given in exchange to a tenure-holder or a sub-tenure holder, a a result of consolidation of holdings, shall for the purposes of this Act be deemed to b land originally held by the tenure holder or the sub-tenure holder, as the case may be].
Every person belongsing to any of the following classes shall be a Bhumidhar and shall have all the rights and be subject to all the liabilities conferred or imposed upon a Bhumidhar by or under this Act, namely:-
(a) a proprietor holding Sir or Khudkhasht land 22. Words omitted by Central Act 4 of 1959. [* *] a proprietors grove holder an occupancy tenant under Section 5 of the Punjab Tenancy Act, 1887, payinj rent at revenue rates or a person holding land under Patta Dawami, 33. Words added by Section 4 of Act 4 of 1959. [or Is tamrari] with rights of transfer by sale, who are declared Bhumidhars on the commencement of this Act;
(b) every class of tenants other than those referred to in clause (a) and sub-tenant who are declared Bhumidhars on the commencement of this Act; or
(c) every perso
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 ar Asami by or under this Act, namely-
(a) every person who, in the agricultural year immediately before the commencement of this Act, occupied or held land-
(i) as a non-occupancy tenant of proprietors grove;
(ii) as a sub-tenant of tenants grove;
(iii) as a non-occupancy tenant of pasture land, or of land covered by water and used for the purpose of growing singhara and other produce or land in the bed of a river and used for casual or occasional cultivation;
(b) every person who, in accordance with the provisions, of 44. Substituted vid
(1) All rights of an individual proprietor or proprietors pertaining to waste lands, grazing or collection of forest produce from forest or fish from fisheries lands of common utility, such as customary common pasture lands, cremation or burial grounds, abadi sites pathways, public wells, tanks and water channels, or Khalihans, whether covered by an existing contract between such proprietor or proprietors and any other person or not, shall with effect from the commencement of this Act be terminated in accordance with the provision of sub-section (2) and the said contract, if any, shall become void with effect from such commencement. 11. Added by Delhi Act 16 of 1956. [
Provided that where such land was a result of consolidation of holdings made available for any purposes other than those referred to in this sub-section, land kept aside in exchange thereof, as a result of such conso
(1) All private wells in or outside holdings, all tanks, groves and abadis, all trees in abadi, and all buildings situate within the limits of and belonging to or held by a proprietor tenant or other person, whether residing in the village or not, shall continue to belong to or be held by such proprietor, tenant or person, as the case may be, on such terms and conditions as may be prescribed by the Chief Commissioner.
(2) 22. Added by Delhi Act 16 of 1956. [Trees planted by a person other than a proprietor of land other than comprised in his holding shall continue to belong to or be held by such person on such terms and conditions as may be prescribed by Chief Commissioner].
The Chief Commissioner may make rules for the purpose of carrying into effect the provisions of this chapter.
(1) Every tenant of Sir and sub-tenant of an occupancy tenant under Section 5 of the Punjab Tenancy Act, 1887, or sub-tenant of a tenant holding land under a Patta Dawami or Istamrari, with right of transfer by sale, who in the fasli year immediately before the commencement of this Act, is recorded as a tenant of Sir or as a sub-tenant, shall be deemed to be a non-occupancy tenant of the land held by him at the rate of rent payable by him in the said year and held by such tenant shall not for the purposes of
(2) Nothing in sub-section (1) shall apply to a tenant of Sir or a sub-tenant of occupancy tenant under Section 5 of the Punjab Tenancy Act or of the said Pattadar, if his land holder belongs to any of the following categories of persons-
(i) a woman,
(ii) a minor,
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(1) Subject to the provisions of Section 10, the Deputy Commissioner shall declare as Bhumidar person holding the following lands, namely:
(a) Khud Kasht land or a proprietors grove in the tracts to which the Punjab Tenancy Act, 1887, was applicable or Sir land or Khud Kasht land or a proprietors grove in the tracts to which the Agra Tenancy Act, 1901, was applicable;
(b) land held by occupancy tenants under Section 5 of the Punjab Tenancy Act, 1887, with right of transfer by sale; and
(c) land held under Patta Dawami or Istamrari by tenants with right of transfer by sale.
11. Subs, by Central Act 4 of 1959 [
(2) For the purposes of sub-section (1), the Deputy Commissioner shall take into consideration
(1) Every sub-tenant-
(a) of an occupancy tenant other than an occupancy tenant under Section 5 of the Punjab Tenancy Act, 1887, or
(b) of an ex-proprietary tenant, or of a non-occupancy tenant of over twelve years or less, or of a rent free grantee or a grantee at a favourable rate of rent; or
(c) of a tenant holding land under a Patta Dawami or Istamrari but without right of transfer by sale; who is recorded as such in the fasli year, before the commencement of this Act, shall be deemed to be a non-occupancy tenant of the land held by him and such land, for the purpose of Section 13, shall not be available to the occupancy tenant, exproprietory tenant 11. Substituted by Delhi Act 16 of 1956, Section 7, [non-occupancy tenants, rent free grantee or a grantee at favourable rate of rent or Patt
(1) On the commencement of this Act, the Deputy Commissioner shall also declare the following classes of tenants as Bhumidhars who shall, with effect from the same have all the rights and be subject to all the liabilities conferred or imposed upon Bhumidharis under this Act, namely;
(a) a rent free grantee or a grantee at favourable rate of rent;
(b) an ex-proprietory tenant in Shahdara Circle
(c) an occupancy tenant, except those under Section 5 of the Punjab Tenancy Act, 1887;
(d) a non-occupancy tenant, who pays rent at revenue rates with or without Malikana;
(e) a tenant of Sir or a sub-tenant declared as non-occupancy tenant under Section 10 or 12.;
22. S
(1) Every person, declared as Bhumidhar under sub-section (1) of Section 13 shall with effect from the commencement of this Act, cease to pay rent of the land in respect of which the declaration has been made to the proprietor, or the landholder, as the case may be.
(2) Every such person, other than a sub-tenant deemed to be a non-occupancy pant under Section 10 or 12, shall-
(a) be liable for payment of such amount on account of land revenue for the holding or his share therein, as the case may be, as shall be one half of the amount of rent payable or deemed to be payable by him in the fasli year immediately preceding the commencement of this Act together with ceases and local rates of the area of which he is declared Bhumidhar from the commencement of this Act:
provided that where half the
(1) A mortgagee in possession of an estate or share therein shall cease to have any right in such estate or share, if the proprietor mortgagor deposits the mortgage money together with the interest thereon in Government Treasury and applies for redemption of the mortgage in the proper court, within a period of nine months from the commencement of this Act.
22. Substituted by Central Act 4 of 1959. [(2) If the proprietor mortgagor deposits the amount and applies for redemption as provided in sub-section (1), he shall be declared as Bhumidhar in respect of the mortgaged area which was under the personal cultivation of the mortgagee on the date of such application for redemption, and if any part of the mortgaged area was on the said date let out to a tenant, such tenant shall be declared as Bhumidhar in respect of the area that was so let out to him].
Notwithstanding anything contained in any other law for the time being in force or in any mortgage deed or other instrument or agreement, where a proprietor mortgagor fails to apply for the redemption of his mortgage within the time specified in subsection (1) of Section 15 and the mortgagee and tenants, if any, in respect of the mortgaged property or any portion thereof are declared Bhumidhars in accordance 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 mortgager shall be absolutely debarred of his right to redeem the mortgage;
(2) the mortgagee and the tenants, if any, in respect of the mortgaged property or any portion thereof, who have been declared as Bhumidhars as aforesaid, shall pay to the proprietor mortgagor com
Notwithstanding any contract made or anything done or permitted to be done, on or after the first day of July 1950 by or on behalf of a proprietor or a tenant, in respect of any land in the State of rent payable therefor by the tenant in the fasli year immediately preceding the commencement of this Act shall be deemed to be an amount equal to the rent payable by the tenant or his predecessor-in-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: Provided that where the rent reduced in pursuance of any decree or order aforesaid is less than the amount computed at the prevailing village rate of rent the rent payable shall be an amount so computed.
(1) Any contract or agreement made between a proprietor and any person on or
(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-tenant of tenants referred to in Section 12 or a non-occupancy tenant referred to in clause (0 of sub-section (1) of Section 13 was evicted from land after 1st July, 1950, on any ground other than for arrears of rent, the tenant or the sub-tenant shall be entitled to regain possession thereof on his making an application in this behalf to the Revenue Assistant [and shall, on regaining possession have the same rights as he would have had but for such eviction decree order]:
Provided that the land is not in the possession of any other tenant in the fasli year immediately before the commencement of this Act.
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A Bhumidhar shall pay to Government all the cesses, local rates and sayar proportionately to his land revenue, in respect of his holding. Any contract or agreement between the proprietor and any person compounding, releasing or reducing the payment of cesses, local rates or sayar after the 1st of July, 1950 shall be void..
All suits, whether of the first instance, appeal or revision of the nature as specified in Schedule II pending in any court for hearing on the commencement of this Act shall be stayed.
All proceeding whether of the first instance, appeal or revision, of the nature specified in Schedule II, pending in any court for hearing on the commencement of this Act and all proceedings (except in so far as they relate to the realisation, otherwise than by ejectment of the judgment debtor, of cost of compensation awarded in any suit or 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 ejectment of the judgment debtor passed in any such suit or proceedings previous to the commencement of this Act, shall be stayed.
A Bhumidhar or Asami shall, subject to the provision of this Act, have the right to the exclusive possession of all land comprised in this respective holding and to use land for any purpose connected with agriculture, horticulture or animal husbandry which includes pisciculture and poultry fanning and to make any improvement.
(1) A Bhumidhar or Asami shall not be entitled to use his holding or part thereof for industrial purposes, other than those immediately connected with any of the purposes referred to in Section 22, unless the land lies within the belt declared for the purpose by the Chief Commissioner by a notification in the Official Gazette : Provided that the Chief Commissioner may, on application presented to the Deputy Commissioner in the prescribed manner, sanction the use of any holding or part thereof by a Bhumidhar for industrial purposes even though it does not lie within such a belt.
(2) Where permission for industrial purposes is accorded, the provisions of this Chapter relating to devolution shall cease to apply to the Bhumidhar with respect to such land and he shall thereupon be governed in the matter of devolution of the land by personal law to which he is subject.
(1) Whenever any land held by a bhumidhar which is used for industrial purposes has become land used for purposes connected with agriculture, horticulture or animal husbandry, which includes pisciculture and poultry farming, the Deputy Commissioner on being so satisfied, may with the sanction of the Chief Commissioner, make a declaration to that effect and thereupon the Bhumidhar shall, as respects the land, be subject to the provisions relating to devolution in this chapter.
(2) Upon the grant of the declaration under sub-section (1) in respect of any land any person other than the Bhumidhar in possession of the land shall-
(a) if he holds it under any contract or lease which is inconsistent with any of the provisions of this Chapter, be deemed to be an occupant liable to ejectment under Section 84 ;
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A copy of every sanction given or declaration made under Section 23 or 24 shall be forwarded by the Deputy Commissioner to the Sub-Registrar concerned, who shall, notwithstanding anything contained in the Indian Registration Act, 1908, register the same free of cost in the manner prescribed.
No Bhumidhar or Asami Shall make an improvement on, or detrimental to, any land which is not included in the holding, to be benefited thereby 11. Substituted by Central Act 4 of 1959. [except-
(a) with the written permission of the landholder of such land or the Gaon Panchayat, as the case may be, or
(b) where such permission is not given within the prescribed period, with the written permission of the Revenue Assistant granted in accordance with rules made under this Act in this behalf].
(1) Where a Bhumidhar or Asami has made an improvement on land and such land is sold in lieu of arrears of land revenue or in execution of a decree for payment of money or the Bhumidhar or Asami is ejected from such land, the purchaser or the landholder, as the case may be, shall become the owner of the improvement but the Bhumidhar or Asami shall be entitled to the benefit of the improvement in respect of the land remaining in his possession to the same extent and in the same manner as it had hitherto benefited thereby.
(2) Where the Bhumidhar or Asami has made an improvement on land which remains in his possession after a portion of his land has been sold 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 portion of his land the purchaser or the landholder, as the case may be, shall be entitled
(1) An Asami who has made any improvement with the 11. Substituted by Central Act 4 of 1959. [written permission of the landholder, the Gaon Panchayat or the Revenue Assistant], as the case may be, shall be entitled to compensation-
(a) when a decree or order for his ejectment is passed on any ground other than his making any transfer in contravention of the provisions of this Act or on the ground of his using the land for any purpose other than agriculture, horticulture or animal husbandry, which includes pisciculture and poultry farming ;
(b) when he has been wrongfully deprived of possession 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 eje
In determining the amount of compensation for improvement regard shall be had to-
(a) the cost of the work.
(b) the condition fo 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 of 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.
(1) In any suit or other proceeding for ejectment of an Asami, the Court shall, where compensation for improvement is payable, before passing a decree or order for ejectment, assess the amount of compensation payable to the Asami under Section 29.
(2) If the amount of compensation exceeds the amount recoverable from that Asami as arrears or rent whether decreed or not, on account of the holding, together with costs, if any, decree or order for ejectment shall be conditional on the payment by the landholder or the Gaon Sabha of the balance due to the Asami which such time as the Court may direct.
(3) If the amount of the compensation does not exceed the amount recoverable from the Asami as specified in sub-section (2), the same shall be deemed to have been satisfied on his ejectment, and the balance shall, subject to the Asamis rights to
The interest of a Bhumidhar shall be transferable subject to the conditions hereinafter contained.
The interest of an Asami shall not be transferable except as expressly permitted by this Act.
(1) No Bhumidhar shall have the right to transfer by sale or gift or otherwise any land to any person, other than a religious or charitable institution or any person in charge or any such Bhoodan movement, as the Chief Commissioner may by notification in the Official Gazette, specify, where as a result of the transfer, the transferor shall be left with less than eight standard areas in the Union territory of Delhi :
Provided that the Chief Commissioner may except from the operation 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 and is used or intended to be used for purposes other than those mentioned in clause (13) of Section 3.
(2) Nothing contained in sub-section (1) shall preclude the transfer of land by a Bhumidhar who holds less the
No Bhumidhar shall have the right to mortgage any land belonging to him as such where possession of the mortgaged land is transferred or is agreed to be transferred in future to the mortgagee as security for the money advanced or to be advanced.
No Bhumidhar or Asami shall let, for any period whatsoever, any land comprised in his holding except in the cases provided for in Section 36.
Explanation- Any arrangement whereby a person is entitled to a right merely to share in the produce grown on the land in consideration of such person assisting or participating with the tenure-holder in the actual performance of agricultural operations is not a "lease".
(1) A Bhumidhar who is -
(a) a minor whose father has died ;
(c) a lunatic or an idiot ;
(d) a person incapable of cultivating by reason of blindness, or physical infirmity ;
(e) prosecuting studies in a recognized institution and does not exceed 25 years in age;
(f) in the armed forces of the Indian Union ;11. Words omitted by Central Act 38 of 1965. [* *]
22. Inserted by Central Act 38 of 1965. (S) dependant for assistance in agricultural operations on a person serving in the armed forces of the Union and certified by the Deputy Commissioner to be so dependant or
33. Re-numbered by Central Act, 38 of 1965. (h) und
Notwithstanding anything contained in the Transfer of Property Act, 1882, or the Indian Registration Act, 1908, a leasse for a term exceeding one year of from year to year may be made either by a registered instrument or in the prescribed manner.
A lease which fails merely to comply with the provisions of Section 37 shall not, for purposes of 1 [Section 42] be deemed to be a transfer made in contravention of the provisions of this Act.
When a holding has been let in accordance with the provisions of Section 36, the successor-in-interest of the Bhumidhar shall be bound by the terms of the lease in so far as they are not inconsistent with the provisions of this Act.
(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 or local authority or in Government;
Provided 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 land given in exchange and 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 Deputy Commissioner permits exchange, he shall also order the relevant annual register to be corrected accordingly.
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Nothing in Section 40 shall affect the amount of the land revenue assessed on or payable for land so exchanged.
(1) Where a transfer of any holding or part thereof has been made in contravention of the provisions of 1[this Chapter by a Bhumidhar or Asami, the transferee and every person who may have obtained possession of such holding or part shall, notwithstanding anything in any law be liable to ejectment from such holding or part on the suit of the Gaon Sabha or the land holder, as the case may be which shall prejudice the right of
(2) To every suit for ejectment under this section the transferor shall be made a party.
(3) Notwithstanding anything contained in sub-section (1), 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.
Any transfer of any holding or part thereof made by a Bhumidhar by which possession is transferred to the transferee for the purpose of securing any payment of money advanced or to be advanced by way of loan, and existing or future debt or the performance of an engagement which may give rise to a pecuniary liability, shall notwithstanding anything contained in the document of transfer or any law for the time being inforce, be deemed at all times and for all purposes to be a sale to the transferee and to every such sale the provisions of Section 33 and 42 shall apply.
When a Bhumidhar other than one referred to in Section 36 has let out his holding or any part thereof, the lessee will, notwithstanding anything contained in any law or contract or document of lease, become and be deemed to be a purchaser and the provisions of Section 33 and 42 shall mutatis mutandis apply.
(1) Any transfer made by or on behalf of a Bhumidhar or Asami in contravention of the provision of this Chapter shall be void.
11. Added by Central Act 4 of 1959. [(2) Nothing in sub-section (1) shall apply to any transfer which has been exempted by the Chief Commissioner] 22. Replaced by Central Act 38 of 1965. [under the proviso to sub section (1) of Section 33.]
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Upon ejectment 4[under Section 42], all the rights and interests of the Bhumidhar or Asami in the holding or in any improvements made therein or to get compensation for such improvements shall be extinguished.
(1)A Bhumidhar may by will bequeath his holding or any part thereof except
(2) No Bhumidhar entitled to any holding or part in the right of a widow, mother, step-mother, fathers father, fathers mother, unmarried daughter, or unmarried sister may bequeath by will such holding or part.
(3) Every will made under provisions of sub-section (1) shall, notwithstanding anything contained in any law, custom or usage, be in writing and attested by two persons.
No Asami shall have the right to bequeath by his holding or part thereof.
Subject to the provisions of Sections 48 and 52, when a Bhumidhar or Asami being a male dies, his interest in his holding shall devolve in accordance with the order of succession given below:
(a) male lineal descendants in the male line or 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 on how lowsoever shall inherit the share which would have devolved upon the deceased if he had been then alive ;
(b) widow ;
(c) father ;
(d) mother, being a widow ;
(e) step mother, being a widow ;
(1) When a Bhumidhar or Asami, who has after the commencement of this Act inherited as interest in any holding as a widow, mother, step-mother, fathers mother, unmarried daughter or unmarried sister, 1[dies or marries or the Asami abandons or surrender such holding, it] shall devolve upon the nearest surviving heir (such heir being ascertained in accordance with the provisions of Section 50) of the last male Bhumidhar or Asami, other than one who inherited as a fathers father.
(2) When a Bhumidhar who has before the commencement of this Act inherited an interest in any holding as a widow, mother, step-mother, fathers mother, daughter, sister or step-sister.
(a) dies and such Bhumiahar was on the date a proprietor of the land comprised in the holding and-
(i) she was in accordance with the pe
When a Bhumidhar or Asami who has, whether before or after the commencement of this Act, inherited an interest in holding as a fathers father 11. Substituted by Delhi Act 16 of 1956. [dies or the Asami abandons or surrender such holding, it shall devolve upon the nearest surviving heir such heir being ascertained] in accordance with the provisions of Section 50) of the last male bhumidhar of Asami from whom such fathers father inherited the interest in the holding.
When a Bhumidhar or Asami, other than one mentioned in Section 50 or 51, who in a woman dies, her interest in the holding shall devolve in accordance with order of succession given below;
(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 upon the deceased if he had been then alive ;
(b) husband ;
(c) widow or a male lineal descendant in the male line of descent ;
(d) daughter ;
In the case of a co-widow or a co-tenure or co-sub-tenure holder, who dies leaving no heir entitled to succeed under the provisions of this Act the interest in such holding shall pass by survivorship.
(1) A Bhumidhar may sue for partition of his holding.
(2) To every such suit the Gaon Sabha concerned shall be made a party.
One suit may be instituted for the partition of more than one holding provided that all the parties to the suit are jointly interested in each of the holdings.
(1) Except as provided in sub-section (3), whenever in a suit for partition, the Court finds-
(a) That the aggregate area of the holding or holdings to be partitioned does not exceed eight standard acres, or
(b) that the partition will result in a holding of less than eight standard acres. the Court shall in the cases falling under clause (a) instead of proceeding to divide the holding or holdings direct the sale of the same and a distribution of the proceeds thereof, and in cases falling under clause (b), either proceed to divide the holding in accordance with such principle as may be prescribed or in the alternative dismiss the suit.
(2) The rules framed under sub-section (1) shall prescribe the circumstances in which compensation may be awarded to a co-tenure holder in lieu of his share of
Where a Court has under Section 57, ordered a sale of holding or holdings, it shall order valuation of the same to be made in such manner as may be prescribed and shall offer to sell the same at the price so ascertained to the co-tenure holders in such order of preference as may be prescribed.
If two or more co-tenure holders having an equal preferential right severally ask for leave to buy, the Court shall order the sale of the same to such one of them as offers to pay the highest price above the price ascertained under Section 58.
If no share-holder offers to buy at or above the price ascertained under Section 58, the Court shall order the sale of the same to the share-holder who offers to pay the highest price.
Save as hereinbefore provided, when any holding is ordered to be sold in pursuance of any order made under Section 57, the Court shall follow such procedure as may be prescribed.
An Asami may surrender the whole of his holding but not any part thereof by giving a notice in writing to the Gaon Sabha or the land-holder, as the case may be, intimating his intention to do so and by giving up possession thereof.
Notwithstanding the surrender, unless the Assami applies or gives notice in writing before the first day of April, he shall be liable to pay the rent of the holding for the agricultural year next following the date of surrender.
(1) Where an Asami has not used his holding for a purpose connected with agriculture, horticulture, or animal husbandry, which includes pisciculture and polutry farming, for two consecutive agricultural years, the Gaon Sabha or land-holder may apply to the Tahsildar for notice to such Asami to show cause why the holding be not treated as abandoned.
(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 or publish in the manner proscribed 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 the Asami does not appear in answer to th
Where a Bhumidhar, being minor, lunatic or idiot, has not used his holding for a purpose connected with agriculture, horticultural, or animal husbandry which includes pisciculture and poultry farming, for two consecutive agricultural years, the Gaon Sabha may notwithstanding anything contained in any law after, notice to the Bhumidhar and his guardian and after such enquiry as may be prescribed, after the expiry of the two years aforesaid, admit on behalf of the Bhumidhar, any person as Asami to the land comprised in the holding in the manner and upon the terms as may be prescribed and all the provisions of this Act applicable to an Asami shall apply to him as if he had been admitted to the land by the Bhumidhar personally.
(1) Where on the basis of any information received by him or otherwise the Deputy Commissioner has reason to believe that any land included in the holding of a Bhumidhar or Asami has not been used for two consecutive agricultural years immediately preceding for a purpose connected with agriculture, horticulture or animal husbandry which includes pisciculture or poultry farminin, he may, unless the land lies within the belt referred to in Section 23 or unless sanction under that section has been obtained in respect thereof, by notice require
(i) the Bhumidhars to appear and show cause why the land may not be let out for any such purpose as aforesaid to any person ;
(ii) the Asami to appear and show cause why his interest may not be extinguished and the land restored to the Bhumidhar or the Gaon Sabha, as the case may be.
&
A Gaon Sabha or a landholder who enters upon a-holding in contravention of the provisions of Section 64 shall be deemed to have ejected the Asami otherwise than in accordance with the provisions of this Act.
The interest of a Bhumidhar in his holding or any part thereof shall be extinguished-
(a) when he dies intestate leaving no heir entitled 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 force relating to the acquisition of land,
11. Added by Section 12 of the Central Act 38 of 1965. (bb) when a declaration in respect of such holding or part is made under clause(a) of sub-section (6) of Section 65A.
22. Added by Delhi Act 16 of 1956. (c) when he has been ejected in accordance with the provisions of this Act, or
(d) When he has been deprived of possession and his right to recover possession is barred
Subject to the provisions of Sections 51 and 52, the interest of an Asami in a holding or any part thereof shall be extinguished.--
(a) when he dies leaving no heir entitled to inherit in accordance with the provisions of Section 64,
(b) when the holding has been declared as abandoned in accordance with the provisions of Section 64,
(c) when he surrenders his holding,
(d) when the land Comprised in the holding 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
(f) when he has been deprived of possession and his right to recover possessio
(1) The extinction of the right, title and interest of any Asami holding underr him.
(2) Notwithstanding the provisions of Section 75, whenever the interest of an Asami is extinguished under sub-section (1), the Gaon Sabha shall admit the Asami as an Asami to some other vacant land of such valuation computed 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.
The interest of an Asami in his holding shall determine when his interest and the interest of the Bhumidhar in the whole of the holding become vested in one person in the same right.
when the interest of a Bhumidhar or Asami is extinguished he shall vacate his holding and he shall, except in cases where his interest has extinguished under or in accordance with the provisions of any law for the time being in force relating to the acquisition of land, have in respect 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.
The Gaon Sabha shall be entitled to take possession of land as comprised in holding or part thereof if-
(a) the land was held by a Bhumidhar and his interest in such land is extinguished under 11. Substituted by Delhi Act 16 of 1956 (Section 14). [ 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 Asami has been ejected or his interest therein has otherwise extinguished under the provision of this Act.
The Gaon Sabha shall have the right to admit any person as Bhumidhar to any land, other than land falling in any of the classes mentioned in sub-clause (iii) of Clause (a) of Section 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 other provision of this Act.
(d) the land is let in accordance with sub-section (4) of Section 74.
(1) The Gaon Sabha shall have the right to admit any person or Asami to and land falling in any of the classes mentioned in sub-clause (iii) of clause (a) of Section 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 other provision of this Act.
(2) In order to encourage the reclamation of waste land, the Gaon Sabha shall also have the right to admit any person as Asami on a five years lease to any land which forms part of the cultivable or uncultivable weste area of village not included in holdings, which are vested in the Gaon Sabha under Section 7, but which do not fall in any of the classes mentioned in sub-clause (ii
(1) In admitting any person as Bhumidhar or Asami under Sections 73 and 74, Gaon Sabha, shall, subject to the rules framed or any order made by Court, in a suit for partition or in any other suit, observe the following order or preference-
11. Inserted by Central Act 38 of 1965. [(a) persons in the armed forces of the Union and the dependents of such of those persons as are killed in action, special preference being given in the case of persons decorated for gallantry.]
22. Renumbered by Central Act 38 of 1965. [(aa) co-operative farm established under this act holding land within the jurisdiction of 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 residing in the village.
Subject to the provisions of Sections 33,42, 11. Substituted by Central Act 38 of 1965. [SI , 85, 86 A and 87 ], no Bhumidhar shall be liable to eiectment.
An Asami shall be liable to ejectment from his holding on the suit of the land-holder or Gaon Sabha, as
(a) those mentioned in Sections 42, 69, 74 or 81, as the case my be, on the following grounds only-
(b) that he belongs 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 year to year or for 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 his personal cultivation and in cases where the lease is for a fixed term such term has expired, or
(1) Where in execution of any decree ( other than a decree under Section 84 ) or order for delivery of possession the Court is satisfied that any unfathered crops or trees which are the property of the judgment-debtor exist on the land to 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 or greater than the value of such crops or trees, the Court shall deliver the possession of the land with the crops and the trees to the Gaon Sabha or the land-holder, 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 -
If a suit for ejectment of an Asami, to whom any of the sub-clauses (i) and (ii) of clause (a) or clause (b) or (d) of Section 6 applies, is not instituted or a decree obtained in such suit is not executed within the period of limitation prescribed therefor the Asami shall, on the expiry of the period, become a Bhumidhar of the land held by him.
Where an Asami has been ejected from his holding on the ground mentioned in clause (c) (i) of 11. Substituted by Central Act 38 of 1965. [ sub-section (I) of Section 77] the land holder shall not grant a lease thereof to any person within 2 years of the date of ejectment.
(1) A Bhumidhar or an Asami shall be liable to ejectment on the suit of the Gaon sabha or the landholder, as the case may be, for using land for any purpose other than a purrpose connected with agriculture, horticulture or animal husbandry, which includes pisciculture and poultry farming, and also to pay damages 33. Subs. by central act 38 of 1965. equivalent to the cost of works which may be required to render the land capable of use for the said purposes]. 44. Subs. by ibid. (2) Notwithstanding anything contained in sub-section (I), the Revenue Assistant also may, on receiving information or on his own motion, eject the Bhumidhar or Asami, as the case may be, and also recover the damages referred to in sub-section (I), after following such procedure as may be prescribed.
(1) A decree for ejectment under Section 81 may direct the ejectment of the Bhumidhar or Asami from the whole or part of the holding as the Court, having regard to the circumstances of the case, may direct.
(2) The decree shall further direct that, if the Bhumidhar or Asami repairs the damage within three months next after the date of the decree, the same shall not be executed except in respect of costs.
Notwithstanding anything in Section 81, the Gaon Sabha or the land-holder may, in lieu of suing for ejectment sue-
(a) for injunction with or without compensation, or
(b) for the repair of the waste or damage caused to the holding.
11. Renumbered by ibid. (1) A person taking or retaining possession of land otherwise than in accordance with the provisions of the law for the time being in force and -
(a) where the land forms part of the holding of a Bhumidhar or Asami without the consent of such Bhumidhar or Asami, or
(b) where the land does not form part of the holding of a Bhumidhar or Asami without the consent of the Gaon Sabha. shall be liable to ejectment on the suit of the Bhumidhar, Asami or Gaon Sabha, as the case may be, and shall also be liable to pay damages,
22. Renumbered by ibid. (2) Where any person against whom a decree for ejectment from any land has been, executed in pursuance of a suit under sub-section (1) re-enters or attempts to re-enter upon such land otherwise than under authority of law, he shall
If a suit is not brought under Section 84 or a decree obtained in any such suit is not executed within the period of limitation provided for failing of the suit or execution of the decree, the person taking or retaining possession shall-
(i) Where the land forms part of the holding of a Bhumidhar, become a Bhumidhar thereof ;
(ii) Where the land forms part of the holding of an Asami on behalf of the Gaon Sabha, become an Asami thereof ;
(iii) in any case to which the provisions of clause (b) of [sub-section (1) of Section 84] apply, become a Bhumidhar or Asami as if he had been admitted to the possession of the land by the Gaon Sabha.
Notwithstanding anything contained in Sections 84, 85 and 86, the Revenue Assistant also may, on receiving information or on his own motion, eject any person who is liable to be ejected from any land on a suit of the Gaon Sabha under any of those sections, after following such procedure as may be prescribed.
Any person who, on or after the first day of July, 1950, has been admitted as a tenure or grove holder, of, or being a proprietor has brought under his own cultivation or has planted a grove upon, land which was recorded as or customary common pasture land, cremation or burial ground, tank, pathway or khalian, shall be liable, on the suit of the Gaon Sabha to ejectment from the land, on payment of such compensation, if any, as may be prescribed.
An Asami shall be liable to pay such rent as may be agreed upon between him and his land-holder or the Gaon Sabha, as the case be, subject to the condition that it shall not exceed one-fifth of the produce of the land or 22. Substituted Central Act 4 of 1959 (Section 14). four times the land revenue payable for the land held by the Asami, whichever is less.
The rent payable by an Asami shall not be varied except in the manner and to the extent provided under this Act.
(1) Where any person is admitted to retain possession of any land as an Asami thereof by any person having a right to so admit or permit him, but no rent is fixed, the Asami or the landholder may, at any time during the period of occupation or within three years after the expiry of this period, institute a suit for fixation of rent.
(2) In any such suit the plaintiff may, subject to the law of limitation, ask for a decree for the arrears of rent.
(3) The rent decreed in any such suit, shall be the rent payable in the year previous to the year of admission, permission or accrual of assami rights, or if no rent was payable in such year, it shall be fixed at the prevailing village rate of rent applicable to the land, subject to the maximum laid down in Section 88.
The produce of every holding in the cultivation of an Asami and the fruit of every tree in such holding shall be deemed to be hypothecated for the rent payable by him in respect of the holding and, until the rent has been paid or otherwise satisfied, no other claim on such produce or fruit shall be enforced by sale thereof in execution of a decree or order of a Court.
(1) An Asami may pay his rent either direct or by postal money order, but the acceptance by the Gaon Sabha or the land-holder of a sum so paid shall not debar the Gaon Sabha or the land-holder, as the case may be from proving that the amount due for any year or instalment was different from the amount paid.
(2) Where rent is remitted by money order, the payees receipt or the endorsement of refusal on the money order duly stamped by the post office shall be admissible in evidence without formal proof and shall, until the contrary is proved, be presumed to record the receipt or refusal thereof.
Where the rent is payable in kind or on estimate or appraisement of the standing crop or on rates varying with crops sown or partly in one of such ways and partly in another or other of such ways, the Revenue Assistant may at his own instance and shall at the instance of the Gaon Sabha or the person by or to whom rent is payable commute the rent in the manner prescribed.
In the absence of a contract to the contrary, the rent shall be payable in two equal instalments on the fifteenth day of May of the agricultural year in respect of which the rent is due.
(1) The Gaon Sabha or the land-holder, as the case may be, may apply for an order for payment of the arrears and in default for the ejectment of an Asami from his holding, if the Asami had been in arrears for the whole or part of the rent of the holding for a period of more than three months.
(2) The application shall be signed and verified in the manner prescribed for plaints in the Code of Civil Procedure, 1908.
(1) On receipt of the application mentioned in Section 95, the Court of the Tahsildar having jurisdiction shall cause to be served on the Asami a notice requiring him to pay the amount of arrears together with the cost of the application within thirty days from the date of the service thereof or to show cause, within a period to Be specified, why an order directing him to be ejected from the holding be not passed against him.
(2) If within the period allowed the Asami pays to the applicant or deposits in the Court the amount mentioned in the notice, the Court shall enter full satisfaction and dismiss the application and the amount deposited shall be paid to the applicant.
(1) If the Asami, who has been duly served under Section 96, fails to pay or deposit the said amount in the Court and also does not file any objection, the Tahsildar shall make any order for the payment of the amount and in default for the ejectment of the Asami from the holding.
(2) If the Asami appears and contests the claim the application shall be treated as a suit and, if necessary, the Court shall order the applicant to pay any additional court-fee payable according to the law relating to suit for arrears of rent or ejectment.
(3) If the applicant fails to pay the court-fee within the time so allowed, the application shall be rejected.
(4) If the court-fee has been duly paid, the Court shall, where the Asami pleads that the applicant is not the land-holder or that he himself is the Bhumi
(1) Notwithstanding anything contained in the Code of Civil Procedure 1908, a decree or order for the payment of arrears of rent against an Asami may, in addition to any other mode of execution, be executed in default of payment of the amount decreed by ejectment of the Asami from the holding :
Provided that no order for delivery of possession shall be passed unless notice has been served upon the judgment-debtor to show cause on a date to be fixed why the order be not passed.
(2) If within one month after the delivery of possession the tenant deposits the full amount in respect of which he has been ejected, the ejectment order shall be cancelled and possession restored forthwith to the tenant.
An Asami shall, from the date rent becomes due, be liable to pay interest at 6 ½ per cent, per annum, on any instalment remaining unpaid.
Arrear of rent due in respect of property. vesting in the Government or in respect of area attached for arrears of land revenue may be recovered as arrear of land revenue.
(1) It shall be lawful for the Court hearing a suit for recovery of arrears of rent, where it is satisfied that the area of the holding was substantially decreased by diluvian or otherwise, or the produce thereof was substantially diminished by drought, hail, deposit of sand or other calamity .during the period for which the arrear is claimed, to allow such remission from the rent-as may appear to it to be just :
Provided that no such remission shall be deemed to vary the rent payable by the Asami otherwise than for the period in respect of which it is made.
(2) Where a Court allows remission under sub-section (1), the Chief Commissioner or any authority empowered by him in this behalf shall order consequential remissions in the land revenue in accordance with such principles as may be prescribed.
Any person to whom any sum is due on account of irrigation dues under Section 47 of the Northern India Canal and Drainage Act, 1873, may sue for the recovery of such sum.
Any tree existing on the boundary of the holding of a tenant on the commencement of this Act and not belonging to such tenant shall with effect from the commencement of this Act belong to and vest in the Bhumidhars of the holding adjoining the said boundary in equal shares.
Explanation-Where the holding belongs jointly to two or more Bhumidhars, all of them shall for the purposes of this section collectively count as one.
Notwithstanding anything io the contrary in Section 42 of the Specific Relief Act, 1877, the Gaon Sabha may institute a suit against any person claiming to be entitled to any right in any land for the declaration of the right of such person in such land, and the Court in its discretion may make a declaration of the 11. Substituted by Delhi Act 1A6 of 1956. [right of such persons]:
Provided that no Court shall make such declaration where the plaintiff, being able to seek further relief than a mere declaration of title, omits to do so.
The Chief Commissioner may make rules for the purpose of carrying into effect the provisions of this Chapter.
(1) The aggregate of the land revenue payable by all the Bhumidhars in respect of land situate in any village shall be deemed to be the land revenue assessed on that village.
(2) The land revenue assessed on any village shall be the first charge on all land in the entire village and on the rents, profits or produce thereof.
(1) All land held by a Bhumidhar as such and wherever situate is liable to the payment of land revenue to the Government, except such land as may be exempted wholly or partially from such liability under the provisions of Section l22 or under any law for the time being in force.
(2) Land revenue may be assessed on land notwithstanding that such land revenue, by reason of its having been assigned, released, compounded for or redeemed, is not payable to the Government.
(3) No length of occupation of any land nor any grant made before the commencement of this Act by the Government or the land holder shall release such land from the liability to pay revenue.
(1) All Bhumidhars in any village shall be jointly and severally responsible to the Government for the payment of the land revenue for the time being assessed thereon, and all persons succeeding whether by devolution or otherwise, to the interests of such Bhumidhars shall be responsible for all arrears of land revenue due at the time of their succession.
(2) Notwithstanding the provisions of sub-section (1) a Bhumidhar shall not be compelled to pay any arrear of land revenue other than an arrear in respect of his holding to which he is wholly or inpart entitled, unless the Chief Commissioner has, by notification in the Official Gazette, declared that the provisions of sub-section (1) shall apply to any specific area.
(1) Subject to the provisions of this Act, every person, who is a Bhumidhar, shall be liable to pay to the Government for land, held by him as such , on account of land revenue-
(a) if he is declared a Bhumidhar under Section 1, the amount of land revenue, cesses and local rates as given in that section;
(b) if he becomes a Bhumidhar under Section 13, the amount of land revenue, cesses and local rates as given in Section 14;
(c) if he is declared a Bhumidhar under sub-section (4) of Section 74, the amount of land revenue, cesses and local rates as given in that section.
(2) The payment of land revenue, cesses and local rates shall take effect from the commencement of this Act except in cases of admission or acquisitions of Bhumidhari rights after t
(1) The Chief Commissioner may prescribe the date or dales from which and the instalments in which the land revenue shall be payable by Bhumidharis referred to in Section 109.
(2) The land revenue or any instalment thereof not paid on or before the due date becomes an arrear of land revenue and the persons liable for it become defaulters.
(1) Notwithstanding anything contained in this Act, the land revenue payable by a Bhumidhar shall not be varied until the next settlement, except on the ground of increase or decrease in the area of his holding or in the productivity of the land comprised therein by fluvial action or other natural causes :
Provided that the Chief Commissioner may at any time, by a notification in the Official Gazette, direct that any urban area that may have developed in any part of the State be taken out of the scope of the revenue settlement for levy of special urban rates in place of land revenue.
(2) Whenever the land revenue is enhanced or abated under sub-section (1), the Chief Commissioner may order the enhancement or abatement of the rent payable by an Asami in occupation of such land.
The Chief Commissioner may, at any time after the commencement of this Act, direct a settlement (hereinafter referred to as first settlement) of the land revenue of the whole or part of the State.
The Chief Commissioner may, at any time after a period of thirty years from the first settlement, direct a fresh settlement (hereinafter referred to as revision settlement) of land revenue of the whole or part of the State;
Provided that no enhancement of revenue shall take effect before the expiration of the settlement for the time being in force.
As soon as may be after the Chief Commissioner has decided that the whole or part of the State should be brought under a fresh settlement, he shall so notify in the Official Gazette and thereupon the whole or part of the State shall be held to be under settlement, until a notification declaring settlement operations there to be closed is published.
The Chief Commissioner shall appoint a Settlement Officer to be incharge of the settlement of the State or part thereof and as many Assistant Settlement Officers as he may deem fit and such officers shall, during the settlement operations, exercise the powers conferred upon them by this Act.
Where the State or any part thereof is under settlement, the Chief Commissioner may, by a notification in the Official Gazette, transfer to the Settlement Officer the duty of maintaining the maps and the field books and preparing the annual register and the Settlement Officer shall thereupon possess all the powers conferred on the Deputy Commissioner under Chapter III of the U.P. Land Revenue Act, 901, or the Punjab Land Revenue Act, 1887, as the case may be.
A settlement shall remain in force for a period of thirty years:
Provided that in the case of any precarious tracts or alluvial areas the Chief Commissioner may direct that the settlement shall, for such tracts or areas as may be specified, remain in force for any period less than thirty years:
Provided further that when in the opinion of the Chief Commissioner are vision settlement is expedient or when such settlement has for any cause been delayed, the Chief Commissioner may extend the terms of the settlement for the time being in force by such period as he deems fit.
Where the period of settlement fixed in the case of any precarious tract or alluvial area is less than 30 years and such period expires or is about to expire, the Deputy Commissioner shall assess and settle such tracts and areas in such manner as may be prescribed.
(1) For the purposes of making settlements or revising assessments under Section 118 the Deputy Commissioner shall have all the powers of a Settlement Officer.
(2) No settlement, revision of assessment made under Section 118 or suspension of revenue made under Section 127 shall be final until it has been sanctioned by the Chief Commissioner.
When the State or pan thereof has been brought under settlement, the Settlement Officer or an Assistant Settlement Officer shall inspect every village under settlement and shall, in such manner and on such principles as may be prescribed, divide the State or the pan into soil classes and assessment circles.
The Settlement Officer shall enquire into the case of all lands released conditionally or for a term from the payment of land revenue and shall assess such lands if it appears to him that the conditions have been transgressed or the term has expired.
(1) Any person claiming land free of revenue not recorded as revenue-free shall be bound to prove his title to hold such land free of revenue.
(2) If he proves his title to the satisfaction of the Settlement Officer, the case shall be reported to the Chief Commissioner whose orders shall be final.
(3) If the title is not so proved, the Settlement Officer shall proceed to assess the land and to make the settlement of it with the persons entitled to the land.
The land which shall ordinarily be assessed to land revenue shall, except as hereinafter excepted, be the aggregate holdings area of Bhumidhars in a village in the year of record.
Exceptions-
(1) lands occupied by buildings which are not improvements;
(2) all lands of common utility such as customary common pasture lands, cremation or burial grounds, abadi sites and pathways etc., that are vested in Gaon Sabha under Section 7; and
(3) such other lands as may be prescribed.
(1) In assessing the land revenue payable for a holding in an assessment circle, the Settlement Officer shall consider the estimated average surplus produce of such holding remaining after deducting the ordinary expenses of cultivation as ascertained or estimated in such manner as may be prescribed. The land revenue shall be such percentage of the surplus produce as may be fixed by the Chief Commissioner on the recommendations of the Settlement Officer.
(2) The percentage of land revenue to the surplus produce shall vary according to a graduated scale prescribed by the Chief Commissioner being largest on holdings with the highest surplus produce and smallest on holdings with lowest surplus produce.
The Settlement Officer shall publish his proposals in such manner as may be pre- scribed as soon as he has completed the assessment of each village. He shall consider objections, if any, that may be preferred and .shall then submit the proposals together with the objections, if any and such orders as may have been passed to the authority, who shall forward them to the Chief Commissioner with his prescribed comments.
After considering the proposals and the comments of the prescribed authority, the Chief Commissioner shall pass such orders as he deems fit. The orders of the Chief Commissioner shall not be called in question in any Court.
(1) Notwithstanding anything contained in this Act the Chief Commissioner may, on the occurrence of an agricultural calamity affecting the crops of any village or part thereof remit or suspend for any period the whole or any part of the land revenue of any holding affected by such calamity.
(2) Whenever the Chief Commissioner takes action under sub-section (1) he may remit or suspend the whole or any part of the rent payable by an Asami in occupation of such land.
(3) Where the payment of rent has been suspended under sub-section (2), the period of suspension shall be excluded in computing limitation allowed for a suit for the recovery of rent.
An order passed under Section 127 shall not be questioned in a civil or revenue court and no suit or application shall lie for the recovery of any sum the payment of which has been remitted under Section 127, or, during the period of suspension, of any sum. the payment of which has been suspended under the said section.
Notwithstanding anything contained in this Act or in any other enactment for the time being in force, the Chief Commissioner, if he is satisfied that their has been a substantial decline in the price of agricultural produce which is likely to continue for sometime, may, by a notification in the Official Gazette, direct a revision of settlement in any area.
After the issue of notification under Section 129, the Chief Commissioner may appoint in such area any officer with the powers of a Settlement Officer subject to such restrictions and conditions as he may think fit but not so as to enable him to enhance the land revenue thereof.
The Deputy Commissioner shall enquire annually into the case of all lands released conditionally or for a term from the payment of land revenue. If the condition is broken, he shall report the case to the Chief Commissioner for orders; and if the period has expired or if the grantee, where the grant is for the life of the grantee, has died, he shall assess the land and report his proceedings to the Chief Commissioner for sanction.
The Chief Commissioner may make such arrangements and employ such agency for the collection of land revenue as he may deem fit.
(1) The Chief Commissioner may by general or special order published in the Official Gazette charge the Gaon Sabha constituted under Section 150 of this Act with the duty of collecting and realising the land revenue and such other dues as may be prescribed, for and on behalf of the Government, in the area for which the Gaon Sabha is established or any part thereof.
(2) Where the Gaon Sabha has been so charged, it shall be the duty of the Gaon Panchayat concerned to collect and realize, in accordance with the provisions of this Act or the rules made thereunder, the land revenue and the dues aforesaid payable to the Governments from time to time in respect of the land comprised in its area.
Where a Gaon Sabha has been charged with the duty of collecting and realising the land revenue or other dues under Section 33 the following consequences will follows:-
(a) every Bhumidhar shall, without prejudice to the provisions of Section 108, be liable to the Gaon Panchayat for the payment of the land revenue or other dues for the time being by the Bhumidhars.
(b) the amount of land revenue or other dues collected or realised by any member (including Pradhan or Up-pradhan of the Gaon Panchayat or any member of the Gaon Sabha and not paid to Government may, without prejudice to his liability under any other law for the time being in force, be realized as arrears of land revenue from him or his property in the hands of his legal representatives, and
(c) the Gaon Panchayat shall be paid a re
A statement of account certified b y the Tahsildar shall, for the purposes of this Chapter, be conclusive evidence of the existence of the arrears of land revenue or its amount and of the person who is the defaulter:
Provided that in any village in respect of which an order under Section 133 has been made, such statement, may, in respect of any individual defaulters, be certified by the Gaon Panchayat.
An arrear of land revenue may be recovered by any one or more of the following processes_
(a) by serving a writ of demand or a citation to appear on any defaulter,
(b) by arrest and detention of his person,
(c) by attachment and sale of his movable property including produce,
(d) by attachment of the building in respect of which the arrear is due,
(e) by sale of the holding in respect of which the arrear is due, or
(f) by attachment and sale of other immovable property of the defaulter.
(1) As soon as arrear of land revenue has become due a writ of demand may be issued by the Tahsildar on the defaulter calling upon him to appear and deposit the arrear due on a date to be specified.
(2) . In addition to or in lieu of a writ of demand the Tahsildar may issue a citation against the defaulter to appear and deposit the arrear due on a date to be specified.
(3) Where a Gaon Sabha has been charged with the duty of collecting and realising land revenue under Section 133, the Chief Commissioner may authorise a Gaon Panchayat, by a general or special order published in the Official Gazette, to issue a writ of demand or a citation to appear on any defaulter under clause (a) of Section 136, but for section under any other clause of Section 136, the Gaon Sabha shall report to Tahsildar for necessary action.
Any person who had defaulted in the payment of an arrear of land revenue may be arrested and detained in custody up to a period not exceeding 15 days unless the arrear with costs, if any, of the arrest and detention are sooner paid:
Provided that no woman or minor shall be liable to arrest or detention under this section: 11. Omitted by Central Act 38 of 1965. [ x x x x x x]
(1) The Deputy Commissioner may, whether the defaulter has been arrested or not attach and sell his movable property.
(2) Every attachment and sale under this section shall be made according to the law in force for the time being for the attachment and sale of movable property in execution of a decree of a civil court.
(3) In addition to the particulars mentioned in clauses (a) to (o) of the proviso to Section 60 of the Code of Civil Procedure, 1908, articles set apart exclusively for the use of religious worship shall be exempted from attachment and sale under this section.
(4) The costs of attachment and shall be added to the arrear of land revenue and shall be recoverable in the same manner.
(1) Notwithstanding anything contained in this Act, where the land revenue payable in respect of a holding is in arrear, the Deputy Commissioner may, either of his own motion or on the application of the Gaon Panchayat, sell the holding in such manner as may be prescribed, and utilize the proceeds in satisfaction of the arrear and refund the excess, if any to the Bhumidhar.
(2) The Deputy Commissioner shall report to the prescribed authority and sale made under this section.
(3) Where any holding is sold under the provisions of this section, the proceeds shall be utilized first in defraying the expenses of the sale and secondly in discharging the amount due as arrear of land revenue and the balance shall be payable to the person entitled.
(1) If any arrear of land revenue cannot be recovered by any of the processes mentioned in clauses (a) to (e) of Section 136, the Deputy Commissioner may realise the same from the interest of defaulter in any other immovable property of the defaulter as if the said arrears were arrears of land revenue assessed on and due in respect of such other property.
(2) Sums of money recoverable as arrears of land revenue, but not due in respect of a specific land, may be recovered under this section from any immovable property of the defaulter.
A Bhumidhar or a person appointed under Section 132 or a member of a Gaon Panchayat, who has paid the arrear of land revenue due on account of any other Bhumidhar may, in addition to any other mode of recovery open to him, within six months of the payment of such amount, apply to the Deputy Commissioner to recover such arrear on his behalf as if it were an arrear of land revenue payable to Government. The Deputy Commissioner shall on receipt of such application satisfy himself that the amount claimed is due to such a person and may then proceed to recover, as if it were an arrear of land revenue, such amount with costs and interest from the said Bhumidhar or any person in possession of his tenure. The Deputy Commissioner shall not be a defendant to any suit in respect of the amount for the recovery of which an order has been passed under this section. No appeal shall lie against the order of the Deputy Commissioner under this
The provisions of this Act with regard to the recovery of arrear of land revenue shall apply to all arrears of land revenue and sums of money recoverable as arrear of and revenue due at the commencement of this Act.
(1) At any time after an arrear of land revenue has accrued, the Deputy Commissioner may attach the village or any area therein in respect of which the arrear is due and place it under his own management or that of an agent appointed by him for that purpose for such period as he may consider necessary:
Provided that the period for which any village or any area therein may be so attached and shall not exceed three years from the commencement of the agricultural year next following the date of attachment and the attachment shall be cancelled, if the arrears are sooner liquidated.
(2) Upon the expiry of the period of attachment, the village shall be restored free of any claim on the part of the Government for any arrear of land revenue due in respect thereof.
When an area is so held by the Deputy Commissioner under his own management, he shall be bound by any engagement which at the time of attachment existed between the defaulter and the Asamis and shall be entitled to manage the property so held and to receive all rents and profits accruing there from. The collections so made from the property shall be applied to the payment of any instalment of land revenue which may become due after attachment and the cost of attachment and management, and the surplus, if any, shall be applied towards discharge of the arrears on account of which the attachment is made.
(1) Where an arrear of land revenue is due in respect of a holding the Deputy Commissioner may, notwithstanding anything contained in this Act, let out the holding to any person other than the defaulter for a period not exceeding ten years commencing from the first day of July next following, upon such terms and conditions as the Chief Commissioner may fix with due regard to the provisions of Section 88.
(2) -Nothing in this section shall affect the liability of any tenure-holders who may be liable under this Act for the payment of the arrear of land revenue.
(3) Upon the expiry of the period of lease the holding shall be restored to the tenure-holder concerned free of any claim on the part of the Government for any arrears in respect of such holding.
When any area is attached under Section 144 or is let out under Section 146 no payment on account of rent or other dues made by- the Asami or person in possession in respect of the land after the date of the attachment to any person other than the Deputy Commissioner shall be valid discharge.
The provisions of Chapter V, VI and VII of the Punjab Land Revenue Act, 887, as amended by this Act, shall, in so far as they are not inconsistent with the provisions of this Act, apply to applications and proceedings made or taken under this Chapter.
The Chief Commissioner may make rules for the purpose of carrying into effect the provisions of this Chapter.
(1) The Chief Commissioner may by notification in the Official Gazette divide the entire area of the State into Gaon Sabha areas each comprising one or more contiguous revenue villages for the purposes of this Act and may by notification alter the boundaries of any area so notified. 11. Substituted by Central Act 4 of 1959.
Provided that such areas shall not include any area to which the Delhi Panchayat Raj Act, 1954, does not extend.
(2) There shall be established for each Gaon Sabha Area and from such date or dates and by such name as may. be prescribed, a Gaon having perpetual succession which shall be a body corporate and subject to any other enactment vested with the capacity of suing and being sued in its corporate name of acquiring, holding, administering and transferring property, both movable and immovable, and of entering into
(1) All persons registered by virtue of the provisions of the Constitution and the Representation of the People Act, 1950, as voters in so much of the electoral roll for any parliamentary constituency for the time being in force as relates to a Gaon Sabha Area shall be the members of the Gaon Sabha for that area.
Explanation- In this sub-section, the expression "Parliamentary constituency" has the meaning assigned to it under the Representation of the People Act, 1950.
(2) Every Gaon Sabha shall have an executive body to be known as the Gaon Panchayat.
(3) A Gaon panchayat shall consist of a Pradhan and such number of panches, not less than four and not more than ten, as the Chief Commissioner may fix from time to time in this behalf.
(4) The, prad
The Chief Commissioner shall arrange for the election of the Up-pradhan by the members of the Gaon Panchayat from amongst themselves and for appointment of such other officers or office bearers of the Gaon Panchayat as may be prescribed.
No person shall be entitled to be or remain a member of the Gaon Panchayat, if he-
(a) 1[ceases to be a member of the Gaon Sabha or
(b) is suffering from leprosy ; or
(c) is an undischarged insolvent; or
(d) is a servant of the Government : or
(e) is convicted fo an offence involving moral turpitude or ordered to give security for good behaviour under Section 110 fo the Code of Criminal Procedure, 1898 Provided that the disqualifications under clause (c) or (e) may be removed by an order of the Chief Commissioner or the prescribed authority.
22. Added and Renumbered by Central Act 38 fo 1969. (1) On the commencement of this Act-
(i) all lands whether cultivable or otherwise, except land for the time being comprised in any holding or grove,
(ii) all trees, other than trees in a holding or on the boundary thereof or in a grove or abadi 33. Added by Section 16 of Delhi Act 16 of 1956. [or planted by a person other than a proprietor on land other than land comprised in his holding],
(iii) public wells,
(iv) fisheries,
(v) hats, bazars and melas, except hats, bazars and melas held on land to which provisions of clauses (c) to (c) of sub-section (1) of Section 11 apply.
(vi) tanks, ponds, water channels
(1) Subject to the provisions of this Act, the Gaon Sabha shall, from the date, this Act comes into force, be charged with the general superintendence, management and control of all lands, trees (other than trees in a holding, grove or abadi 22. Inserted by Delhi Act 16 of 1956 (Section 17). [or planted by a person other than a proprietor on land other than land comprised in his holding], public wells, fisheries, tanks, ponds, water channels path ways, abadi sites, and hats, bazars, melas, and forest, if any, vested in the Gaon Sabha under Section 154.
(2) Notwithstanding anything contained in this and the foregoing section, the Chief Commissioner, may, at any time, by notification in the official Gazette declare that as from the date to be specified hats, bazars, melas, and water channels, hereinbefore vested in the Gaon Sabha, shall be transferred to and be vested in the District
Without prejudice to the generality of the provisions contained in Sections 154 and 155, the functions and duties of Gaon Panchayat shall include-
(a) the development and improvement of agriculture and horticulture,
(b) the preservation, maintenance and development of forest and trees,
(c) the maintenance and development of abadi sites and village communications,
(d) the managment of hats bazars and melas,
(e) the development of co-operative farming,
(f) the development of animal husbandry, which includes pisciculture and poultry farming, and the development of piggery,
(g) the consolidation of holdings,
&n
The term of the Gaon Panchayat, the method of filling up casual vacancies, the procedure of its working and the conduct of its business shall be such as may be prescribed.
There shall be credited to the Gaon Sabha Area Fund-
(1) all sums received by the Gaon Sabha or the Gaon Panchayat under this Act whether on its own behalf or for and on behalf of all the adult members of the Gaon Sabha area, and
(2) such other sums as may be prescribed.
Section 158 of the Delhi Land Reforms Act, 1954, pertains to the handling of money received by Gaon Sabha or Gaon Panchayat under the Act, specifically relating to land reforms, land revenue, and related funds. The section plays a crucial role in ensuring that funds collected through land reforms are properly credited and utilized for public purposes.
Section 158 primarily mandates that money received by Gaon Sabha or Gaon Panchayat under the Act must be credited to the Gaon Sabha Area Fund. It also specifies the manner of utilization of these funds for land management and related activities, including relief measures and land revenue adjustments.
Section 158 applies to all monetary transactions involving land reforms within the jurisdiction of Gaon Sabhas and Panchayats in Delhi. It covers the collection, credit, and utilization of funds related to land redistribution, rent relief, and land revenue management. The section ensures transparency and accountability in the handling of such funds.
The section itself does not specify direct punishments; however, violations such as misappropriation or non-crediting of funds could attract penalties under general provisions of the Delhi Land Reforms Act or other applicable laws. Administrative or criminal proceedings may be initiated for breach of statutory duties.
Note: The analysis is based on the available sources, emphasizing the provisions and legal principles surrounding Section 158 of the Delhi Land Reforms Act, 1954.
Notwithstanding anything contained in any law for the time being in force, the Gaon Panchayat may utilize, in the manner prescribed, the Gaon Sabha Area Fund to meet the charges in connection with the discharge of its duties or performance of its functions under this Act or rules made there under:
Provided that nothing in this section or in any law for the time being in force, shall mean or be construed to mean as authorising the Gaon Sabha to so utilize any sums, collected or realised for and on behalf of the Government, except as specifically provided in this Act.
(1) Notwithstanding anything contained in any law for the time being in force, the Chief Commissioner may issue such orders and directions to the Gaon Sabha or the Gaon Panchayat as may appear to be necessary for purposes of this Act.
(2) It shall be the duly of the Gaon Sabha or the Gaon Panchayat and its office bearers to forthwith carry out such orders and comply with such directions.
(1) If at the commencement of this Act, the Chief Commissioner finds that there is an unavoidable delay in bringing the provisions of this Chapter into operation or if at any time the Chief Commissioner is satisfied that-
(a) a Gaon Sabha or a Gaon Panchayat has failed without reasonable causes or excuse to discharge the duties or to perform the functions imposed or assigned by or under this Act,
(b) circumstances have so arisen that a Gaon Sabha or a Gaon Panchayat is rendered unable or may be rendered unable to discharge the duties or perform the functions imposed or assigned by or under this Act, or
(c) it is otherwise expedient or necessary so to do, he may, by notification in the Official Gazette, declare that the duties, powers and functions of the Gaon Sabha or the Gaon Panchayat under
Notwithstanding anything contained in. the Code of Civil Procedure, 1908, (5 of 1908), or any other law for the time being in force :-
(a) no suit or other proceedings under sub-section (2) of Section 36 of the Delhi Pancayat Raj Act, 1954, (Delhi Act 3 of 1955), shall after the date of passing of the Delhi Land Reforms (Amendment) Act, 1965, be instituted or, as the case may be, continued in any civil or revenue court unless the Union of India has been added as a plaintiff or defendant according as the case is by or against the Gaon Sabha ;
(b) no such suit or other proceeding shall be decided on the admission by the Pradhan or any representative of the Gaon Sabha with respect to the right or title of any person to the property in dispute, whether made on his own motion or on the authority of a resolution of the Gaon Panchayat unless s
(1) Where in any suit or proceeding before any Civil or revenue court filed under sub-section (2) of Section 36 of the Delhi Panchayat Raj Act, 1954, (Delhi Act 3 of 1955), the ownership of any land has been decided in favour of any person other than the Gaon Sabha before the date of passing of the Delhi Land Reforms (Amendment) Act, 1965, then, notwithstanding anything contained in clause (b) of sub-section (2) of Section 1 or in any other law for the time being in force such decree or order shall, on application made by the Government of India within twelve months from that date or within such further period as the court may, for sufficient cause, allow, be set aside if in the revenue records of the fasli year ending on the 30th June, 1954, such land was not included in the holding of the person in whose favour the decree or order was passed or his predecessor-in-interest or was not recorded as being in the cultivation of s
The Chief Commissioner may make rules for the purpose of carrying into effect the provisions of this Chapter.
Any ten or more members of a Gaon Sabha holding between them Bhumidari rights in thirty standard acres or more in the area of a Gaon Sabha and desiring to Start a cooperative farm may apply in writing to the Registrar appointed under the Bombay Cooperative Societies Act, 1925, as extended to the State (hereinafter referred to as the Registrar) for the registration thereof.
An application for the registration of a co-operative farm shall be accompanied by extracts from the record of rights showing the total area with the recorded numbers of all the fields offered by each of the applicant in the Gaon Sabaha Area and shall contain such further particulars as may be prescribed.
(1) The Registrar may, if he is satisfied after such inquiry as may be prescribed that the application has been duly made, register the co-operative farm under the Bombay Co-operatives Societies Act, 1925, as extended to the State and grant a certificate of registration.
(2) The Registrar shall cause a copy of the certificate to be forwarded to the Deputy Commissioner for such action as may be prescribed.
When a co-operative farm has been registered under Section 165, all land in the Gaon Sabha Area offered by a member, whether as Bhumidhar or by Asami, shall, for so long as the registration of the co-operative farm is not cancelled, be deemed to be transferred to and held by the co-operative farm which shall thereupon hold such land in accordance with the provisions of this Chapter, and may, notwithstanding anything contained in this Act, use it for any purpose mentioned in Section 22 or the development of cottage industries.
Not less than two-thirds of the total number of persons other than those who have applied under Section 163 holding Bhumidhari rights in uneconomic holdings in a Gaon Sabha Area or holding between them not less than two-thirds of the aggregate area comprised in all uneconomic holdings in Gaon Sabha Area may apply jointly to the Deputy Commissioner that a co-operative farm be established, and on such application the Deputy Commissioner may, by notice, require all the Bhumidhars of the remainder of uneconomic holdings in the Gaon Sabha Area to show cause why a co-operative farm comprised of all the land included in uneconomic holdings in the Gaon Sabha Area be not established and constituted.
(1) The Deputy Commissioner shall hear the objection or objections of the tenure holders who may desire to be heard and after hearing them he shall, unless he is satisfied that it is not in the best interests of the persons affected, order that a cooperative farm consisting of all land comprised in the un-economic holdings in the Gaon Sabha Area be established.
(2) Notice of an order passed directing a co-operative farm to be established shall be served on every person affected and shall also be proclaimed in the Gaon Sabha area in the prescribed manner.
Any person aggrieved by an order of the Deputy Commissioner under Section 168 may appeal to the Chief Commissioner within sixty days from the date thereof and the order passed by the Chief Commissioner in appeal shall be final and conclusive.
(1) The Deputy Commissioner shall cause a copy of the order passed under Section 168 or 169 directing that a co-operative farm be established to be forwarded to the Registrar, who may thereupon register the farm under the Bombay Co-operative Societies Act, 1925, as extended to the State, and if he agrees to do so, shall grant a certificate of registration.
(2) The Registrar shall cause a copy of the certificate to be forwarded to the Deputy Commissioner for such action as may be prescribed.
When a co-operative farm has been registered under Section 170, all land comprised in the un-economic holdings in the Gaon Sabha Area held by any Bhumidhar or an asami under him shall, for so long as the registration of the co-operative farm is not cancelled, be deemed to be transferred to and held by the co-operative farm which shall thereupon hold such land in accordance with the provisions of this Chapter and may, notwithstanding anything contained in this Act, use it for any purpose mentioned in Section 22 or the development of cottage industries.
When a certificate of registration in respect of any co-operative farm has been granted under Section 165 or 170 the provisions of the Bombay Co-operative Societies Act, 1925, as extended to the State, shall, in so far as they are not inconsistent with the provisions of this Act or rules made thereunder, be applicable thereto.
Every application submitted under Section 163 or 167 shall be accompanied with a copy of the proposed bye-laws of the co-operative farm and such bye-laws shall be deemed to be the bye-laws required to be filed under sub-section (3) of Section 9 of the Bombay Co-operative Societies Act, 1925, as extended to the State.
Nothing in this Chapter shall be construed to mean that the interest of a Bhumidhar in the land contributed to the co-operative farm by or on hi behalf has ceased to vest in him.
(1) No member of a co-operative farm shall, except as provided in sub-section (2), be entitled to make any disposition of any land contributed by him to the farm.
(2) Every member of a co-operative farm, who is Bhumidhar of any land contributed by him to the co-operative farm, may make a testamentary disposition of such land, and with the permission of the co-operative farm, any other disposition. Such permission shall not be withheld if the transferee is willing to join the farm.
Every member of a co-operative farm shall be entitled to such rights and privileges, be subject to such obligations and liabilities, and be bound to discharge such duties as may be conferred or imposed upon him by or under this Act.
The co-operative farm, shall, as from the date it is constituted, be liable for the payment of all the land revenue, cesses, local rates or rent payable by the Bhumidhar or Asami in respect of the land held by it under section 166 or 171.
(1) Any person, who is a resident of the Gaon Sabha Area where the co-operative farm is situated or who intends to settle down in the Gaon Sabha Area or who cultivates land therein, may be admitted as a member thereof upon such" terms and conditions as may be laid down by the farm.
(2) When a member, whose land is held by a co-operative farm, dies, his heirs under this Act shall become members of the Co-operative farm.
(1) A co-operative farm shall be entitled to such concessions and facilities as may be prescribed.
(2) Without prejudice to the generality of the foregoing provision, the concessions and facilities may include-
(a) reduction of land revenue,
(b) reduction of or exemption from any tax on agriculture,
(c) free technical advice from experts employed by the Government on farming and use of mechanical aids,
(d) financial aid and grant of subsidy and loans with or without interest, including loans for purchase of agricultural machinery such as tractors, etc.,
(e) admission to land by the Gaon Sabha,
(f) priority in irriga
The Chief Commissioner may make rules for the purpose of carrying into effect the provisions of this Chapter.
The Chief Commissioner may, by notification in the Official Gazette, delegate to any officer or authority subordinate to him any of the powers conferred on the Chief Commissioner by this Act to be exercised subject to any restrictions and conditions as may be specified in the notification.
Subject to any conditions or restrictions that may be prescribed, any officer appointed under this Act, may, for the purposes of this Act, enter at any time upon any land with such public servants as he considers necessary and make a survey or take measurements thereof or do any other act which he considers to be necessary for carrying out any of his duties under this Act.
Any notice or other document required or authorised to be served under this Act may be served either-
(a) by delivering it to the person on whom it is to be served, or
(b) by leaving it at the usual or last known place of abode of that person, or
(c) by sending it in a registered letter addressed to that person at his usual or last known place of abode, or
(d) in case of an incorporated company or body, by delivering it or sending it in a registered letter addressed to the Secretary or other principal functionary of the company or body at its principal office, or
(e) in such other manner as may be laid down in the Code of Civil Procedure, 1908.
All documents, statements and registers maintained under this Act or the rules framed there under shall be open to inspection during such hours and subject to such conditions, and payment of fees, as may be prescribed, and any person shall, on payment of such fees, be entitled to be furnished with a copy of or any portion of any such document, statement or register.
(1) Except as provided by or under this Act no court other than a court mentioned in column 7 of Schedule I shall, notwithstanding anything contained in the Code of Civil Procedure, 1908, take cognizance of any suit, application, or proceedings mentioned in column 3 thereof.
(2) Except as hereinafter provided no appeal shall lie from an order passed under any of the proceedings mentioned in column 3 of the Schedule aforesaid.
(3) An appeal shall lie from the final order passed by a court mentioned in column 7 in the proceedings mentioned in column 3 to the court or authority mentioned in column 8 thereof.
(4) A second appeal shall lie from the final order passed in an appeal under subsection (3) to the authority, if any, mentioned against it in column 9 of the Schedule aforesaid.
&nbs
(1) Notwithstanding anything contained in Section 185, if in any suit or proceedings mentioned in column 3 of Schedule I, a question is raised regarding the title of any party to the land which is the subject matter of the suit or proceeding and such question is directly and substantially in issue the Court shall, unless the question has already been decided by a competent Court, frame an issue on the question of the title and submit the record to the competent civil court for the decision of that issue only,
Explanation- A plea regarding the title to the land which is clearly untenable and intended solely to oust the jurisdiction of the revenue court shall not be deemed to raise a question regarding the title to the land within the meaning of this section.
(2) The civil court, after refraining the issue, if necessary, shall decide such
The Chief Commissioner may call for the record of any suit or proceeding referred to in Schedule I decided by any subordinate court in which no appeal lies, or where an appeal lies but has not been preferred, and if such subordinate court appears-
(a) to have exercised a jurisdiction not vested in it in law, or
(b) to have failed to exercise a jurisdiction so vested, or
(c) to have acted in the exercise of juristic material irregularity. The Chief Commissioner may pass such order in the case as he thinks fit.
(1) No officer or servant of Government shall be liable in any civil or criminal proceeding in respect of any act done or purporting to be done under this Act or under any rule made thereunder, if the act was done in good faith and in the course of execution of duties or the discharge of function, imposed by or under this Act.
(2) No suit or other legal proceedings shall lie against the Chief Commissioner for any damage caused or likely to be caused or any injury suffered or likely to be suffered by virtue of any provisions of this Act or by anything done or intended to be done in good faith in pursuance of this Act or any rules made thereunder.
(1) Notwithstanding anything contained in any law, custom, usage or agreement, the right of pre-emption shall not exist in respect of any sale of any immovable property in the area to which this Act applies whether made voluntarily or under order of court.
(2) All suits for pre-emption pending in respect of any such property in any Court whether of the first instance or appeal or revision shall stand dismissed, but award of the costs incurred in any such suit shall be in the discretion of the Court.
(1) Unless otherwise expressly provided by or under columns 4 and 6 of Schedule I of this Act, the provisions of the Indian Court Fees Act, 1870, the Code of Civil Procedure, 1908, and the Indian Limitation Act, 1908, shall apply to the proceedings under this Act.
(2) The provisions of the General Clauses Act, 1897 (10 of 1987). shall mutatis mutandis apply, as far as may be, to this Act in the same manner as they apply to a Central Act.
(1) Every power to make rules given by this Act shall be deemed to include the power to provide for-
(a) imposing limits of time within which thing to be done for the purposes of the rules must be done, with or without powers to any authority therein specified to extend limits imposed ;
(b) the procedure to be followed in suits, applications and other proceedings under this Act, in cases for which no specific provision has been made herein ;
(c) the duties of any officer or authority having jurisdiction under this Act, the procedure to be followed by such officer and authority;
(d) the time within which application and appeals may be presented under this Act, in cases for which no specific provision in that behalf has been made herein;
&nb
Nothing contained in this Act shall apply to any land which is evacuee property as defined in the Administration of Evacuee Property Act, 1950 (31 of 1950), except in the following cases-
(1) Evacuee land held by tenants under lease or agreement entered into before the 15th day of August 1947, and
(2) Evacuees share in lands of common utility which would vest in the Gaon Sabha.
SCHEDULE (Section 185)
SCHEDULE I
(Section 185)
S1. No.
Section of The Act
Description of suit
application and other proceedings
Period of Limita lion
Time from which pe riod begins
Proper Court fees
Court of original jurisdiction
Court of 1st Appeal
Court of 2nd Appeal
&nbs
Schedule 1 of the Delhi Land Reforms Act, 1954, is a crucial component that lays down the classification of land and the applicable laws for various categories within Delhi. It forms the basis for implementing land reforms and regulating land holdings, tenancy, and revenue collection in the region.
Schedule 1 delineates various types of land, specifying which laws and rules apply to each category. It primarily categorizes land into agricultural, non-agricultural, and urbanized areas, and prescribes the legal framework governing each. The schedule also references the application of specific provisions of the Act and other relevant laws to these land types.
The scope of Schedule 1 extends to:- Defining the territorial and land-type classifications within Delhi.- Guiding authorities in applying relevant laws to specific land categories.- Ensuring uniformity in land reforms and tenancy laws across different land types.- Facilitating land revenue administration and dispute resolution based on land classification.- Excluding urbanized areas from certain provisions, as specified under applicable notifications.
While Schedule 1 itself primarily deals with classification, violations related to misclassification, unauthorized land use, or contravention of land laws may attract penalties under the broader provisions of the Delhi Land Reforms Act, 1954, including fines, penalties, or criminal proceedings as per Sections 81 and other relevant sections.
This legal commentary synthesizes the scope, application, and significance of Schedule 1 of the Delhi Land Reforms Act, 1954, emphasizing its role in land classification, law application, and land reform policies within Delhi.
SCHEDULE (Section 20-21)
Tenants with a right of transfer, i.e., tenants holding land under clauses (b) & (c) of sub-section (1) of Section 11
Occupancy tenants with permanent and heritable rights, i.e. tenants under clauses (b), (c) & (h) of sub-section (1) of Section 13
Non-occupancy tenants, i.e., tenants of sir and tenants under caluses (a) (d), (f) and (g) of sub- section (1) of Section 13
Compensation to the
Proprietor 4
8
16
Compensation to the landholder 16
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