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THE DELHI LAND REFORMS ACT, 1954
THE DELHI LAND REFORMS ACT, 1954
Sections
An ACT
Section 1
CHAPTER I
CHAPTER I - PRELIMINARY
Section 2Section 1. Short title, extent and commencement
Section 1Section 2. Repeal
Section 2
CHAPTER II
CHAPTER II - TENURES
Section 5Section 3. Definitions
Section 3Section 4. Classes of tenure and sub-tenure
Section 4Section 5. Bhumidhar
Section 5Section 6. Asami
Section 6Section 7. Rights of proprietors in waste lands, etc.
Section 7Section 8. Private wells, tanks, groves and buildings
Section 8Section 9. Power to make rules
Section 9
CHAPTER III
CHAPTER III - DECLARATION OF BHUMIDHARI RIGHTS, COMPENSATION AND LAND REVENUE
Section 13Section 10. Tenants of Sir, sub-tenants, etc.
Section 10Section 11. Declaration of Bhumidhari rights
Section 11Section 12. Sub-tenants of occupancy tenants, etc.
Section 12Section 13. Tenants declared as Bhumidhars in other cases
Section 13Section 14. Compensation and land revenue payable by Bhumidhars
Section 14Section 15. Mortgages in possession
Section 15Section 16. Consequences of acquisition of Bhumidhari rights by mortgagees
Section 16Section 17. Variation in rent not to be recognised
Section 17Section 18. Contract or agreement to defeat Act to be void
Section 18Section 19. Cesses, local rates and sayar
Section 19Section 20. Stay of suits
Section 20Section 21. Stay of proceedings
Section 21Section 22. Right of Bhumidhar or Asami to exclusive possession
Section 22Section 23. Use of land for industrial purposes
Section 23Section 24. Reversion of land to Gaon Sabha
Section 24Section 25. Acquisition of land for public purpose
Section 25Section 26. Right to make improvements
Section 26Section 27. Restrictions on improvements
Section 27Section 28. Right to compensation for improvements
Section 28Section 29. Determination of amount of compensation
Section 29Section 30. Court to decide dispute as to compensation
Section 30Section 31. Interest of Bhumidhar to be transferable
Section 31Section 32. Interest of Asami not transferable
Section 32Section 33. Restrictions on transfers by Bhumidhar
Section 33Section 34. Only simple mortgage allowed
Section 34Section 35. Letting of land
Section 35Section 36. Lease by a disabled person
Section 36Section 37. Registration of a lease
Section 37Section 38. Failure to register lease under section 37
Section 38Section 39. Successor-in-interest bound by lease
Section 39Section 40. Exchange of land
Section 40Section 41. Land revenue assessed on exchanged land
Section 41Section 42. Transfer in contravention of section 33
Section 42Section 43. Transfer with possession by Bhumidhar deemed a sale
Section 43Section 44. Effect of lease in contravention of section 36
Section 44Section 45. Transfer in contravention of Chapter to be void
Section 45Section 47. Consequent rights upon ejectment
Section 47Section 48. Bequest by Bhumidhar
Section 48Section 49. Bequest by Asami
Section 49Section 50. General order of succession of male Bhumidhar or Asami
Section 50Section 51. Succession in the case of a female
Section 51Section 52. Succession to a female inheriting as a widow, etc.
Section 52Section 53. Partition of holding of Bhumidhar
Section 53Section 54. Division of holding on partition
Section 54Section 55. Partition of holding
Section 55Section 56. Assessment of land revenue on partition
Section 56Section 57. Valuation of land on partition
Section 57Section 58. Valuation of land if partition is resisted
Section 58Section 59. Preferential right of purchase on partition
Section 59Section 60. Sale of holding in default of purchase
Section 60Section 61. Procedure in suit for partition
Section 61Section 62. Surrender of holding by Asami
Section 62Section 63. Notice of surrender by Asami
Section 63Section 64. Abandonment of holding by Asami
Section 64Section 65. Admission of Asami to holding of disabled Bhumidhar
Section 65Section 65A. Consequences where Bhumidhar leaves land uncultivated
Section 65ASection 66. Entry upon abandoned holding
Section 66Section 67. Extinction of interest of Bhumidhar
Section 67Section 68. Extinction of interest of Asami
Section 68Section 69. Merger of interest of Bhumidhar and Asami
Section 69Section 70. Rights of Asami on extinction of interest
Section 70Section 71. Ejectment of Asami on extinction of interest
Section 71Section 72. Land to vest in Gaon Sabha
Section 72Section 73. Re-entry on land from which Asami is ejected
Section 73Section 74. Admission of Asami to land vesting in Gaon Sabha
Section 74Section 75. Order of preference in admitting persons to land
Section 75Section 76. Bhumidhar not liable to ejectment
Section 76Section 77. Ejectment of Asami
Section 77Section 78. Procedure for ejectment of Asami
Section 78Section 79. Rights of Asami in crops and trees on ejectment
Section 79Section 80. Assessment of compensation for improvements on ejectment
Section 80Section 81. Ejectment for use of land in contravention of Act
Section 81Section 82. Ejectment of Asami for breach of conditions of lease
Section 82Section 83. Suit for compensation or repair of waste
Section 83Section 84. Ejectment of persons occupying land without title
Section 84Section 85. Failure to bring suit under section 84
Section 85Section 86. Ejectment of Bhumidhar to whom section 85 applies
Section 86Section 86A. Ejectment of persons occupying land without title on motion of Gaon Sabha
Section 86ASection 87. Ejectment of Asami of public utility land
Section 87Section 88. Rent payable by Asami
Section 88Section 89. Rent of Asami of Gaon Sabha
Section 89Section 90. Rent of Asami in other cases
Section 90Section 91. Hypothecation of produce of Asami
Section 91Section 92. Mode of payment of rent by Asami
Section 92Section 93. Commutation of rent of Asami
Section 93Section 94. Instalments for payment of rent
Section 94Section 95. Application for recovery of arrears of rent
Section 95Section 96. Execution of decree for arrears of rent
Section 96Section 97. Remission of rent on agricultural calamity
Section 97Section 98. Rent of Asami not to be varied
Section 98Section 99. Interest on arrears of rent
Section 99Section 100. Recovery of arrears of rent from Gaon Sabha
Section 100Section 101. Remission of rent by Court
Section 101Section 102. Suit for recovery of irrigation dues
Section 102Section 103. Vesting of trees in Bhumidhar or Asami
Section 103Section 104. Declaratory suit
Section 104Section 105. Power to make rules
Section 105
CHAPTER IV
CHAPTER IV - LAND REVENUE
Section 111Section 106. Land revenue assessed on village
Section 106Section 107. Land held by Bhumidhar liable to land revenue
Section 107Section 108. Land revenue payable by Bhumidhar
Section 108Section 109. Amount of land revenue payable
Section 109Section 110. Dates and ports of payment of land revenue
Section 110Section 111. Variation in land revenue assessed
Section 111Section 112. First settlement of land revenue
Section 112Section 113. Revision settlement of land revenue
Section 113Section 114. Notification as to settlement operations
Section 114Section 115. Appointment of Settlement Officer
Section 115Section 116. Transfer of duties of Deputy Commissioner to Settlement Officer
Section 116Section 117. Term of settlement
Section 117Section 118. Settlement Officer to have powers of certain officers
Section 118Section 119. Power to make rules
Section 119Section 120. Procedure to be adopted by Settlement Officer
Section 120Section 121. Assessment of land revenue
Section 121Section 122. Title to holding free of revenue
Section 122Section 123. Land revenue assessed on village to be first charge
Section 123Section 124. Principles of assessment of land revenue
Section 124Section 125. Assessment proposals
Section 125Section 126. Inquiry into revenue-free holdings
Section 126Section 127. Settlement of revenue-free land
Section 127Section 128. Determination of cesses and local rates
Section 128Section 129. Double land revenue on lands held for public utility
Section 129Section 130. Remission of land revenue for agricultural calamity
Section 130Section 131. Annual enquiry into revenue-free grants
Section 131Section 132. Land revenue to be paid in instalments
Section 132Section 133. Collection of land revenue by Gaon Sabha
Section 133Section 134. Consequences of collection by Gaon Sabha
Section 134Section 135. Certified statement of account of land revenue
Section 135Section 136. Recovery of arrears of land revenue
Section 136Section 137. Methods of recovery of arrears
Section 137Section 138. Recovery of arrears by arrest and detention
Section 138Section 139. Attachment and sale of movable property for arrears
Section 139Section 140. Sale of holding for arrears
Section 140Section 141. Powers of Deputy Commissioner in recovery of arrears
Section 141Section 142. Recovery of arrears from other sources
Section 142Section 143. Application of U.P. Land Revenue Act
Section 143Section 144. Sums recoverable as arrears of land revenue
Section 144Section 145. Power of Chief Commissioner to make rules
Section 145Section 148. Provisions of Chapters V, VI and VII of Punjab Land Revenue Act
Section 148
CHAPTER V
CHAPTER V - GAON SABHA AND GAON PANCHAYAT
Section 153Section 150. Establishment and incorporation of Gaon Sabha and Gaon Panchayat
Section 150Section 151. Membership of Gaon Sabha
Section 151Section 152. Constitution of Gaon Panchayat
Section 152Section 153. Duties of Gaon Panchayat
Section 153Section 154. Vesting of certain lands in Gaon Sabha
Section 154Section 155. Superintendence, management and control of land vesting in Gaon Sabha
Section 155Section 156. Alternative arrangement for management
Section 156Section 157. Term and other matters relating to Gaon Panchayat
Section 157Section 158. Money received by Gaon Sabha to be credited to Gaon Sabha Area Fund
Section 158Section 159. Gaon Sabha Area Fund to be kept in bank
Section 159Section 160. Application of Gaon Sabha Area Fund
Section 160Section 161. Alternative arrangement if Gaon Sabha fails to perform duties
Section 161Section 161A. Government to be party in suits by or against Gaon Sabha
Section 161ASection 161B. Certain decrees and orders to be set aside
Section 161BSection 162. Power of Chief Commissioner to make rules
Section 162
CHAPTER VI
CHAPTER VI - CO-OPERATIVE FARMS
Section 169Section 163. Formation of co-operative farm
Section 163Section 164. Application for registration of co-operative farm
Section 164Section 165. Registration of co-operative farm
Section 165Section 166. Land offered for co-operative farm to be inspected
Section 166Section 167. Formation of co-operative farm on direction of Deputy Commissioner
Section 167Section 168. Hearing of objections on formation of co-operative farm
Section 168Section 169. Appeal against order for formation of co-operative farm
Section 169Section 170. Registration of co-operative farm on direction
Section 170Section 171. Land in co-operative farm to be managed as single unit
Section 171Section 172. Consequences of registration of co-operative farm
Section 172Section 173. Bylaws of co-operative farm
Section 173Section 174. Land contributed to co-operative farm to continue to vest in owner
Section 174Section 175. Disposition of land in co-operative farm
Section 175Section 176. Rights, privileges and duties of members
Section 176Section 177. Liability on land revenue of co-operative farm
Section 177Section 178. Admission of new members to co-operative farm
Section 178Section 179. Concessions and facilities for co-operative farm
Section 179Section 180. Power of Chief Commissioner to make rules
Section 180
CHAPTER VII
CHAPTER VII - MISCELLANEOUS
Section 188Section 181. Delegation of powers by Chief Commissioner
Section 181Section 182. Powers of officers to enter upon land
Section 182Section 183. Mode of service of notice
Section 183Section 184. Inspection and copies of documents, statements and registers
Section 184Section 185. Cognizance of suits, etc. under this Act
Section 185Section 186. Procedure when question of title is raised
Section 186Section 187. Power of Chief Commissioner to call for record
Section 187Section 188. Protection of action taken in good faith
Section 188Section 189. Abolition of right of pre-emption
Section 189Section 190. Application of General Clauses Act
Section 190Section 191. Rules in general
Section 191Section 192. Saving
Section 192SCHEDULE I
Section 201SCHEDULE II
Section 202
delhi-land-reforms-act-1954.json
•
202 Sections
•
Delhi
{
"id": 500,
"slug": "delhi-land-reforms-act-1954",
"title": "THE DELHI LAND REFORMS ACT, 1954",
"short_title": "THE DELHI LAND REFORMS ACT, 1954",
"act_number": "8",
"act_year": 1954,
"act_type": "STATE",
"location": "Delhi",
"law_status": "unknown",
"enactment_date": null,
"description": "THE DELHI LAND REFORMS ACT, 1954",
"preamble": "",
"section_label": "Section",
"sections": [
{
"number": "1",
"title": "An ACT",
"chapter": null,
"content": "An Act to provide for modification of zamindari \nsystem so as to create an uniform body of \npeasant proprietors without intermediaries, \nfor the unification of the Punjab and Agra \nsystems of tenancy laws in force in the State \nof Delhi and to make provision for other \nmatters connected therewith. \nBe it enacted by the State Legislative Assembly as £01- \nlows : - \nPreliminmy \nShort title,",
"footnote": "",
"is_definition": false,
"sort_order": 0
},
{
"number": "2",
"title": "CHAPTER I - PRELIMINARY",
"chapter": "CHAPTER I",
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 10
},
{
"number": "1",
"title": "Section 1. Short title, extent and commencement",
"chapter": null,
"content": "(I) This Act may be called the DeThi Land Reforms \nextent and Act, 1954. commence- \nment (2) It extends to the whole of the Union temtory of \nDelhi, but shall not apply to- \n(a) '[the areas which are or may before the first \nday of November, 1956 be] included in a Municipality \n,'or a Notified Area under the provisions of the Punjab \n:Municipal Act, 1911, or a Cantonment under the provi- \nsions of the Cantonments Act, 1924, \n(b) '[areas] included in any estate owned by the \nCeitral Government or any lwal authority, and \n(c) areas held and occupied for a public purpose \nor a work of public utility and declared as such by the \nChief Commissioner or acquired under the Land Acqui- \nsition Act, 1894, or any other enactment other than thi~ \nAct, relating to acquisition of land for a public purpose, \nI (3) It shall come into force at one. 1 I \n(4) The declaration of the Chief Commissioner under- \nclause (c) of sub-section (2) shall be conclusive evidence \nthat the land is held and occupied far a public purpose ar. \na work of public utility.",
"footnote": "",
"is_definition": false,
"sort_order": 20
},
{
"number": "2",
"title": "Section 2. Repeal",
"chapter": null,
"content": "(1) The following Acts, in so far as they apply to \nareas to which this Act extends, are hereby repealed- \n(i) the Punjab Tenancy Act, 1887, as modified by \nPunjab Act No. 9 of 1939, \n---.-- \n\"&bs. by s. 2 of Delhi Act 16 of 1956, for tlre words ''The arzas which\". \n2Subs. by s. 2 tjf Oentral Act 4 of 1959, for the words \"areas, controlled, notifid, \nt \nI \nheld, occupied or omed by the Delhi, improvement Trust\" (w.e.f. 20-7-1954). \n58 \n(ii). the Agra Tenancy Act, 1901, \n(iiij the Punjab Tenants (Security of Tenure) Acl, \n1950, \n(iv) .the Punjab Land Revenue Act, 1887, in so far \nas its provisions are inconsistent with this Act. \nQv) the U.P. Land Revenue Act, 1901, in so far as \nits provisions are inconsistent with this Act, and \n(vi) SO much of any other law or of any rule hav- \ning the force of law for the time being in force as is in- \nconsistent with the provisions of this Act. \n(2) Notwithstanding such repeal, anything done or ac- \ntion taken in exercise of any power conferred by or under \nany of the Acts aforesaid, to the extent of its being consistint \nwith the provisions of this Act, shall be deemed to have been \ndone or taken in exercise of the powers conferred by or \nunder this Act as if this Act was in force on the daj on \nwhich such thing was done or action was taken.",
"footnote": "*Subs. by s. 3 of CenZral Act, 4 of 1959. \n'Subs. by s. 2(a) of Central Act, 1 of 1966 (retrospc&a& \n-5-1 Belhi Adm./70",
"is_definition": false,
"sort_order": 30
},
{
"number": "5",
"title": "CHAPTER II - TENURES",
"chapter": "CHAPTER II",
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 40
},
{
"number": "3",
"title": "Section 3. Definitions",
"chapter": null,
"content": "In this Act, unless the Cantext otherwise requires,- Definitioas, \n'[(I) \"agricultural year\" or \"fasli year\" means the year \ncommencing '~n the 1st day of July and ending on the 30th \nday of June]; \n(2) all words and expressions used to denote the pos- \nsessor of any right, title or interest in land, whether the same \nbe proprietary or otherwise, shall be deemed to includz thz \npredecessors and successors in right, title or interest of such. \npossessor; , \n(3) 'kharitable purpose\" includes relief of the poor,. \neducation, medical relief or the advancement of any ather \nobject d general public utility, but does not include a px- \npose which relates exclusively to religious teaching or \nworship; \n(4) \"decree\" has the meaning assigned to it in the Code \nof Civil Procedure, 1908; \n'[(5) \"Delhi town\" means the areas which immediately \nbefore the' establishment of the Municipal Corporation of \nDelhi were included in the limits of Delhi Municipality. Civil \nStation Notified Area, West Delhi Municipality and the Fcyt \nNotified Area]; \n'[(6) \"Deputy Commissioner'' inclutlss-- \n(ii) an Additional Collector; \n,- \n(iiij a Revenue Assistant empowered by the Ckuef \nCommissioner by notification in the official Gazette .tl; \ndischarge all or any of the functions of a Deputy Com- \nmissioner under this Act; and \n(iv) an Assistant Collector of the first grade or class \nempowered as aforesaid;] \n(7) \"~conomic holding\" is a hdding which is not an \nw-economic holding; \n(8) \"estate\" means the area inzluded under one entry \nin any of the registers prepared and maintained under clauce \n(a), (b), (c) or (d) of section 31 of the Punjab Land Revenue \nAct, 1887, or sectioo 32 of the U.P. Land Revenue Act, 1901, \n.and includes share in or of an estate; \n(9) \"gaon sabia area fund\" mans the fund of the gacn \nsabha area constituted or established under section 150 of \nthis Act; \n(10) \"gaon sabha\" and \"gaon panchayat\" mean the \ngaon sabha and the gam panchayat established under sec- \ntions 150 and 151 respectively d this Act; \n(11) ''g~on sabha area\" means the gaon sabha area \nconstituted under section 150 of this Act; \n'[(l la) \"holding\" means- \n(a) in respect of- \n(i) Bhumidar or Asami; on \n(ii) tenant or sub-tenant under the Punjab Ten- \nancy Act, 1587, or the Agra Tenancy Act, 1901; or \n(iii). lessee under the Bhoodan Yagna Act, 1955, a \nparcel or parcels of land held under one tenure, lease, \nengagemerit or grant; and \nf (b) in mpect of proprietors, a parcel or parcels of \nland held as sir or khud-kasht\"]. \n(12) \"imprwement\" means with reference to a hold- \ning- \n(i) a dwelling house erected on the holding by tl~ \ntenure-hdder for his own occupation or zny sther coa- ' structicns erected or set up by him on the hdding for \npurposes connected with agriculture, horticulture 01\" \n, 'animal husbandry which includes pisciculture and poul- \ntry farming; \n(li) mj work \\vhich adds materially to ths value \nof the holding and is cozcistent with the purposes afore- \nsaid, which if not executeri ~rl the holding, is either \nexecuted directly for its benefit or is, after execution, \nmade directly beneficial to it; and subject to the fore- \ngoing provisions 0% this dause, includes- \n(a) the construction of well, water channeIs and \nother works for the supply or distribution of water for \nthe purposes aforesaid; \ni~ns. by s. 3 of Delhi Act 16 of 1956. \n(b) the construction d works for the drainage of \nland or for the protection of land from floods or from \nerosion or other damage by water; \n(c) the rezlaiming, clearing, enclosing, levelling or \nterracing of land; \n(d) the erection in the immediate vicinity of the \nholding otherwise than on the village site, of buildings \nrequired for the convenient or profitable use or occu- \nGagon of the holding; \n(e) the construction of tanks or other works for \nthe storage of water for purposes aforesaid; \n(f) the planting of trees and groves on the holding; \n(g) the renewal or reconstruction of any of the fore- \ngoing works or such alterations therein or additions \nthereto, as are not of the nature of mere repairs : \nProvided that such water channels, embankments, en- \nclosures, temporary wells, or other works as are made by a \ntenure-holder in the ordinary course of his requirements for \npurLmses aforesaid, shall not be deemed to be improvements; \n'[(12A) \"Khudkasht\" means land (other than Sit) cul- \ntivated by a proprietor either by himself or by servants or \nby hired labour,- \n(a) at the commencement of this Act, or \n(b) at any time during the period of five years im- \nmgdiately before the commencement of this Act, whe- \nther M not it was so cultivated at such commenement, \nprovided that it has not, at any time after having been \nso cultivated, been let out to a tenant]; \n(la) \"fal~d\" except in sections 23 and 24, means land \nheld qr occupied for purposes connected with zgriculture, \nhorticulture or animal husbandry including pisciculture and \npoultry farming and includes- \n(a) buildings appurtenant thereto, ' \n(b) village abadis, \n(c) grovelands, \n(d) lands for village pasture or land covered by \nviater and used f,or growiflg singharas and other produce \nor laxi in the bed of a river and used for casual or \noccasional cdtivaticm, \nbut does not include- \nland occupied by buildings in belts of areas adjacent \nto Ddhi tom and New hlhi town, which the Chief \nCornmissioner may by a notification in the official Gazet- \n' \n(14) \"legal representative\" has the meaning assigned \nto it in the Code of Civil Procedure, 1908; \nt (15) \"New Delhi town\" means the areas included in. \nthe limits of the New Delhi Municipality and Delhi Canton- \nment; \n(16) \"prescribed\" means prescribed by rules made under \nthis Act; \n1~ (17) \"proprietor\" means as respects an estate a person \n#wing, whether in trust or for his own benefit the estate and \nincludes the heirs and successors-in-interest of a proprietor; \n(18) \"proprietor's grove\" means grove-land held or oc- \ncupied by a proprietor as such; , \n(19) \"religious purpose7' includes a purpose cmeetcd \nwith religious worship, teaching or service or with the wr. \nformanca of religious rites; \n'[(19A) \"Revenue Assistant\" includes any Assistant \nCollector of the first grade or class empowered by the Chief \nCommissioner to perform all or any ofithe functions of a \nRevenue Assistant under this Act]; \n(20) \"standard acre\" means a measure of area conves- \ntible into ordinary acres of any class of land according to \nthe prescribed scale with reference to the quantity of yield \nand quality of soil; \n(21) \"state\" mqns the '[Union territory] of Delhi; \n(22) \"uneconomic holding\" means a nolding of less than \neight standard acres which, according to local conditions, \nis not sufficient to maintain a family unit consisting of a \nperson, his minor children, his wife or her husband, as the \ncase may be, and if the person himself. is a minor, his fathtr \nand mother; \n(23) \"village\" means any local area whether wmpact \n# otherwise recorded as a village in the revenue records d \nthe Delhi State and includes anj ares which the Chief Com- \nmissioner may, by a general or special order published 9 \nthe official Gazette, deldare to be a village; \n(24) words and expressions. _grove, grovz-holdzr. rent, \ncess Sir, '[****I rent-free grantee, landholder, ex-proprietary \ntenant, occupancy tenant, ncm-occupancy tenant, sub-tenact, \n4[****] and crops or any other expressions, not defiaed In \nthis Act a_qd used in the Agra Tenancy Act, 1901, or & \nPunjab Tenancy Act, 1887, shall have the meaning assign- \ned to them in the bra Tenancy Act, 1901, or the Punjab \nTenancy Act. 1887, according as the context refers to the \nShahdara or the remaining circles; --- \n(25) words and expressions, land revenue, '[***I and \nTahsildar, not defined in this Act and used in the U.P. Land \nRevenue Act, 1901, or the Punjab Revenue Act, 1887, shall \nhave the meaning assigned to them in those Acts, as the \nchse may be.",
"footnote": "*Subs. by s. 3 of CenZral Act, 4 of 1959. \n'Subs. by s. 2(a) of Central Act, 1 of 1966 (retrospc&a& \n-5-1 Belhi Adm./70\nte declare as an acquisition thereto; \n'Ins, by s. 3 of Central Act 4 of 1959. (w.e.f. 20-7-1954).\n'Subs. by sec. 2(b) of Central Act 1 of 1966 (retrospectivelj-). ' \n'Subs. by A.O. (No. 5) 1957 for the words \"State of Delhi\". \n' \n'The word \"Khudkasht\" rep. by s. 3 of Central Act 4 of 1959, (w.e.f, 20-7-1954). \nThe woad \"holding\" rep. by s. 3 of Delhi Act 16 of 1956.\nme word \"Revenue Assistant\" rep. by s. 3 of Cenlral Act 4 of 1959. (w.e.f. \nWi-7-1954). \nIns. by s. 4 of Delhi Act 16 of 1956. \nThe words \"under his cultivation\" rep. by s. 4 of Centrhi Act 4 of 1959. (w.e.t \n%?- '-954). \n%C words \"or Istarnrari\" Ins. by s. 4 of Central Act 4 of 1959. (w.e.f. 20-7-1954).",
"is_definition": false,
"sort_order": 50
},
{
"number": "4",
"title": "Section 4. Classes of tenure and sub-tenure",
"chapter": null,
"content": "(1) There shdl be, for the purposes of this Act, only ~~~~~$~ \norre class of tenure-hoTder, that is to say, 'Bhumidhar' an3 sub-tenure. \none class of sub-tenure bolder, that is to say, 'Asami'. \n(2) Tenure holder mears a person who holds land dlr- \nectly under and is liab1~ to pay land r-venue for that land \nto the State, and sub-tenure hdder is a person who holds \nland from a tenure-holder or Gzon Sabba and is liable to \npay rent therefor to the tenure-holder or a Gaon Sabha: \n'[Provided that land given in exchange to a tenure- \nholder or a sub-tenure holders, as a result of consolidation \nof holdings, shall for the purposes of this Act be deemed lo \nbe land originally held by the teiiure holder or the sub- \ntenure holder, as the case may be].",
"footnote": "me word \"Revenue Assistant\" rep. by s. 3 of Cenlral Act 4 of 1959. (w.e.f. \nWi-7-1954). \nIns. by s. 4 of Delhi Act 16 of 1956. \nThe words \"under his cultivation\" rep. by s. 4 of Centrhi Act 4 of 1959. (w.e.t \n%?- '-954). \n%C words \"or Istarnrari\" Ins. by s. 4 of Central Act 4 of 1959. (w.e.f. 20-7-1954).",
"is_definition": false,
"sort_order": 60
},
{
"number": "5",
"title": "Section 5. Bhumidhar",
"chapter": null,
"content": "Every person belonging to any of the following c!as- Bhurnidhar. \nses shall be a Bhumidhar and shall have all the rights and be \nsubject to all the liabilities conferred or imposed cwon a \nBhumidhar by or under this Act. nsmeg : - \n(a) a proprietor holding Sir or Khudkasht larrd \n\"[****I a proprietor's grove holder, an occupancy tenant \nunder section 5 of the Punjab Tznancy Act, 1887, pay- \ning rent at revenue rates or a person holding land under \nPatta Dawami, '[or Istamrari] with rights of transfer by \nsale, who are decIared Bhumidhars on the commence- \nment of this Act: \n(b) every class of tenants otier than those referrzd \nlo in clause (a) and sub-tenants who are declared Bhu- \nmidhars on the commencement of this Act; or \n(c) every person who, after the commencement of \nthis Act, is admitted to land as Bhumidhar or who ac- \nquires Bhumidhari rights under any provisions of this \nAct. \nP \nof proprietors)",
"footnote": "me word \"Revenue Assistant\" rep. by s. 3 of Cenlral Act 4 of 1959. (w.e.f. \nWi-7-1954). \nIns. by s. 4 of Delhi Act 16 of 1956. \nThe words \"under his cultivation\" rep. by s. 4 of Centrhi Act 4 of 1959. (w.e.t \n%?- '-954). \n%C words \"or Istarnrari\" Ins. by s. 4 of Central Act 4 of 1959. (w.e.f. 20-7-1954).\npmd for shall become ~oid with effect from such commencement: 1 \nthem. \n\"Subs. by set. 2 of Cntral Act No. 38 of 1965. 1",
"is_definition": false,
"sort_order": 70
},
{
"number": "6",
"title": "Section 6. Asami",
"chapter": null,
"content": "Every person belonging to any of the following clas- \nses shall be an Asami and shall have all the rights and be \nsubject to all the liabilities conferred or imposed upon an \nAsami by or under this Act, namely- \n(a) every pcrson who, in the agricultural year im- \nmediately &fore the commencement cf tkis Act, LY- \n$ped or held land- \n(i)! as a non-occupaac4 tenaht of proprietor's \ngrove; \n(ii) as a sub-tenact of tenant's grove: \n(iii) as a noa-occupancy tenant of pasture land. \nor of land covered by water and used for the pur- \npose of growing singhara and other ~:32uce or land \nin the bed of a river and used far carnal or oc- \ncasional cultivation; \n(b) every person who, in accordance with the pro- \nvisions of '[section 36 or section 65Aj, becornes a lessec \nof land comprised in the tenure of a Bhurnidhar re- \nferred to in that secti~n; \n(c) every person who is admitted as a lessee of land \nreferred to in sub-clause (iii) of ciause (a) by the Gam \nSabha or a person authorised to do so under ihc pro- \nvisions of this Act: \n, (d) every person who is a tenact of Sir Dr a sub- \ntenant of an occupancy tenant uader secticl 5 of :h~_ \nPunjab Tenanlsy Act, 1887, or of a Pattada~ Dawami \nor Istamrari, with right of transfer by sale, ssho belongs \nto any of the categories of persons referred to in ss5- \nsection (2) of section 10, and every person who is a sub- \ntenant of tenants refe~red to in clauses (a), (b) had (c) \na qf sub-section (1J of section 12 to whcm rhe ~rrovision \no't sub-section (2) of section 10 applies; and \n(e) every person who acquires the rights of an \nAsami under any other provisions of this Act. \n1 B. Acquisition df certain rights of proprietors \nRights of",
"footnote": "pmd for shall become ~oid with effect from such commencement: 1 \nthem. \n\"Subs. by set. 2 of Cntral Act No. 38 of 1965. 1",
"is_definition": false,
"sort_order": 80
},
{
"number": "7",
"title": "Section 7. Rights of proprietors in waste lands, etc.",
"chapter": null,
"content": "(1) All rights of an individual proprietor or proprie- \nProPnetors tors pertaining to waste lands, grazing or collectica of fsrest in waste produce from forest or fish from fisheries lands of commcn , \nlands, \npasture utility, such as customary common pasture lands, cremation \nlands of or burial grounds, abadi sites pathways, public wells, tanks \nammon and water channels, or Khalihans, whether coyered by an etc. existing contract Setween such proprietor or proprietors and to vest in c+aon Sabha any other person Or not, shall with effect from the commen- \nand corn- cement of this Act be terminated in accordance with the \nPensatlon to provision d sub-section (2) and the said contracts, if any. \n\\ \nI \nThe Delhi LaacE Reforms Act, 1954 65 \n) (Chapter ZI-B. 4 cquisiti~n of certain rights of Proprietms) \n'[Provided that where such land was as a result of con- \nsolidation of holdings made avaiiable for use for any pur- \nposes other than those referred to in this sub-seclion, land \nkept aside in exchange thereof, as a result d such consoli- \ndation, siail for the purposes of 15% Act L% deemed to be \nland originally meant far purpcsss referred to in 1h;s sub- \nsection]. \nExpimzation,-For the purposes of this sub-section- \n(i) \"waste land\" shall include cultivable 2nd un- \ncultivable waste ar2a of tbe vlilage YE\"**] '[icciuding \nany land in the bed oE a river, occ~pied or he12 by sn \nAsami referred to in sectioa 6:a) (iii) of the Act] '[excez \nthe uncultivated areas-- \n(a) included in the holdiags of such proprietor \nor proprietors, or \n(b) used for purpose., other than those mention- \ned in clause (13) of sectics 3, at any lime b-fore ihz \n28th day of Octolber, 1956, cr \n(c) acquired by a bona f?de purchaser for valse \nat any time before the 28th day of Cktolier, 1956, for \npurposes other than thasp, mentimed in slause (131 of \nsection 3; \n(ii) \"lands of cornmoil utility\" shall include such \nlands as are recorded as such at the last settlenleot or \nhave bcen 0: would have been customarily recorded as \nsuch on 1st July, 1950.1 \n(2) On the commencement of this Act, the Deputy Com- \nmissioner shall pass an order in respt of the proprietor or \nproprietors of each village either singly or collectively divest- \ning the individual proprietor or propretors of the rights mzn- \ntloned in sub-section (1) and vesting those rights in the Gaon \nSabha YE\"**] or in any person or authority appoinred by the \nChief Commissioner under section 161 with etfzct from the \ncommencement of this Act and stating that a compensation \nequal in valu~ to four timns the amount of annual land re- \nvenue assessed at the last settlement for the cultivable and \nuncultivable waste area of the village '[****I shall be paid \nby the Government to the proprietor or proprietors concem- \ned. \nqns. by s. 5 of Delhi Act 16 of 1956. \nme words \"recorded as such on 1st July, 1950\" rep. by s. 5 of Central Act 4 05 \n1959. (w.e.f. 20-7-1954). \n'I~s. by s. 5 of Delhi Act 16 of 1956. \n4subs. by s. 5 of Central Act 4 cf 1959 for the words ''3xcept the uncultivated areas included in the holdings of such proprietor or proprietors\". (W.e.f. 20-7-1954). \nme words \"consisting of all the adults residents of th? village\" Rep. by s. 5 of \nCentral Act 4 of 1959. \nI \n'[If no such assessment of Iand revenue was made at \nthe last settlement the rate of land revenue applied at the \nlast settlement for similar areas in any other village in the \ncame assessment circle shall be taken to be the rate of Iand \nrevenue applicable to such areas or failing this the rate of \nland revenue applicable to such areas shall be computed at \n75 per cent. of the land revenue assessed on the lowest \nclass of soil in the vi2tage.l \nhe amount of compensation shall be calcdated- \nfor each village for the respsctive proprietor or \ns in accordailce with ruks made uul.id:r this Act \nand payrnents t;2?1-~3f shall bc mltde in srch ~urnber of \nannual ir,staIrr,ents, '[not exceeding £cur, as the Chief Com- \nmissioner may determine, the first of which shall be paid- \n(a) in any case where such calculation has been \nmade before the date on which the D'elhi Land Reforms \n(Amendn~ent) Act, 1959, receives the assent of the Pre- \nsident, on the first day of the fasli gzar next folllow~ng \nsuch date; and \n(b) in azly other case, on the first day of the fasli \nyear next follovving the date of such calculation.] \n'[(4) Where the amount of compensation is not paid \nby the due date specified in sub-section (3), such amount \nshall be paid with interest thereon at the rate of 23 per \ncent. per annum from the said date until payment.] \nPrivate",
"footnote": "pmd for shall become ~oid with effect from such commencement: 1 \nthem. \n\"Subs. by set. 2 of Cntral Act No. 38 of 1965. 1",
"is_definition": false,
"sort_order": 90
},
{
"number": "8",
"title": "Section 8. Private wells, tanks, groves and buildings",
"chapter": null,
"content": "(1) All private weHs in or outside holdings, aII tanks, \nwells, trees grovers and abadis, a!l trees in abadi. and all buildings situate \nin abadi within :he limits of an estate belonging to m held by a pro- flnd build- \n~ngs. prietor tmenant or other person, whether residing in the vil- \nlage or not, shall continue to belong to or bc heid by suzh \nproprietor, tenant or person. as the case may be, on such \nterms . \nconditions as may be prescribed by the Chief \nCornm:ssroner. \n(2) d[lrces planted by a pcrson other than a proprietor \nof land other than land comprised in his holding shall con- \ntinue to belong to or be held by such perm on such terms \nand conditions as may be prescribed by the Chief Ccsnn~is- \nsioner]. \nPower to",
"footnote": "",
"is_definition": false,
"sort_order": 100
},
{
"number": "9",
"title": "Section 9. Power to make rules",
"chapter": null,
"content": "The Chief Commissioner may make Yules for the \npurpose of carryhg into effect the provisions of this chapter. \n'Ins. by s. 5 of Delhi Acr 16 nf 1956. \n'Subs. by s. 5 of Centrd Act 4 of 1959 for the words. \"not exceeding two, as the \nChief Commissioner may &termlne, commencing from the fasli year next following the \ncommencement of this Act.\" (w.af. 20-7-1954). \n\"ns. by s. 5 of Central Act 4 of 1959, (w.e.f. 20-7-1954). \n'Ins. by s. 6 of Delhi Act 16 of 1956. \n'For Delhi Land Bforms Rules, 1954, see Notification No. F. 3(16)/54-GA&R. \ndated the 11th Novembe., 1954. See Deihl State Gazette. Part V. dated 20-1-1955, p. 7. \ncompematioiz and land Revenue) \nCHAPTER In \n,A. Deckmatian oj Bhunzidhari rights, conzpematiolz and \nland Revel? rte",
"footnote": "",
"is_definition": false,
"sort_order": 110
},
{
"number": "13",
"title": "CHAPTER III - DECLARATION OF BHUMIDHARI RIGHTS, COMPENSATION AND LAND REVENUE",
"chapter": "CHAPTER III",
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 120
},
{
"number": "10",
"title": "Section 10. Tenants of Sir, sub-tenants, etc.",
"chapter": null,
"content": "(1) Every tenant of Sir and sub-tenant d an occu- Tenants of \npancy tenant under section 5 of the Punjab Tenancy Act, :$, zdanh \n1887, or sub-tenant of a tenant hclding land under a Patta ,,,,- Dawami or Istamsari, with right of transfer by sale, who in pancy \nthe fasfi year immediate!^. before :II- commentceme:lt of this tenants \nAct. is recorded as a tenarit d Sir cr zs a sub-tznant. shall of be deemed to be a non-cccupancy tenant of the ia:~d held the punlab \nby him 2.t the rat'e of rezt payable by bim in the said year Tenancy ~ct, \n.and the land held by such tenant ar~d sub-tenant shall not 1887, and \nfor the ~u:pols;s of setion 11 be :.v~ilabie to the Sirholder, of Tenants occupancy tenant unbzr section 5 zf the Pmjab Tenancy \nAct. 18S7, or to the Fattadar Dav:a~ or Isramrarl fo.- ac- land with \nquisition of Bhumidhari rights. Patta Da- \nwami or Is- \n(2) Nothing in sub-section (1: shall apply to a tznant tamrari and \nof Sir or a sub-tenant of cccupanc~ tenant under sectron 5 of of transfa the Punjab Tenancy Act or of the said Pattaciar. if his land by \n'hdder belongs to any of the followkLg categories of persons- -- (i) a woman, \n(ii) a minor, \n(iii) a lunatic, \n(iv) an idiot, \n(v) a person incapable of cultiyation by reason of \nb!indness or physical infirmity. or \n(vi) a pzrson 'in the armed forces of the Indian \nUnion. both at the commcnce-iqent of tenancy and on \nthe commencement of this Act, \n(vii) a person prosecuting studies in a recogriized \ninstitution and not exc5eding 25 years in age, or - \n(viii) a person under detention or imprisonment. \nm the commencement of this Act: \nProvided that where a holding is held jointly by seve- \n.rdl landholders of whom one or more but not all are psrsons \nbelonging to any of the abme categories, nothing in subs- \nsection (11) shall apply to the share of these persons in the \nholding and such share shall be avsilable for the acquisition \nof Bhumidhari rigkit: by these persons.",
"footnote": "",
"is_definition": false,
"sort_order": 130
},
{
"number": "11",
"title": "Section 11. Declaration of Bhumidhari rights",
"chapter": null,
"content": "(1) Subject to the provisions d section 10, the Declaration \nDeputy Coinmissioner shall declzra as Bhumidhars pcrsons ~~a~~~~ \nholding the foliowing lands, namejy : - in favour of. \nproprietors (a) Khud Kasht land or a proprietor's grove in the and ,xPerio~ \ntracts to which the Punjab Tenancy Act, 1887, was ap- class of \nplicable or Sir land or Khud Kasht land or a prsprie- tenants, \ntor's grove in the tracts to ~hich the Agra Tenawy ~~f;i~~~tio~ \nAct, 1901, was applicable; revenue. \n, \n/ \n68 The Delhi Land Reforms Act. 1954 \n(Chapter III-A. D~~tion of Bhumidhmi rights, \ncompensation and land Revenue) \n(b) land held by occupancy tenants under section \n5 of the Punjab Tenancy Act, 1887, with right of trans- \nfer by sale; and \n(c) land heid under Fatta Dawami or Istamrari by \ntepnts with right of transfer by sale. \n'E(2) For th-, plqoses of sub-secticn (I), ;h= Leputp \nCommissioner shall take into ccnsideratio~~ the enxlies in the \nrevenue records which shall be presumed to be L-~LI~C~ ----- uq- \nless the contrary is proved] : \nProvided thzl where land htId as Khud Kash'. by a \nproprietor beiovging t2 any of tkc categmies of persoas re- \nferred to in sub-sectior, (3) of section 10 has bee2 belore \nthe comnencemenr of this Act, let out to anotthec person \nby or on behalf of such poprietor, tile Revenue Assistant. \non applicalion made to hirn in this behalf by or or? &haif \nof such proprietor withill six nsnths of the com-rr:ernent \nof this Aci and after givirg an apporlunity to the tenant of \nkin heard, ~liall declare such land to be the proprietor's \nKhud Pasht for the parpcses cf this section. \n(3) While making a declaration under clauses (5) and \n(c) of sub-section (11, the Deputy Commissioaer s;~a!l orda \nthe xcupanc1J tenant zr the Pattadar to deposit ir Govern. \nment Treasury an ari;olun: equal to bur times thz land reve- \nnue as ascertained in su3-soctim (4). for the area of wllic~ \nhe is declared as Ehumidar as coispensaticx3 thereof. If hi: \nfails to dep~sit the arnouni withir; six months of the date \nof declaration, the same shall be realized as arrear QE land \nrevenue.' The amount deposited or so realized shall be dis- ' \nbursed to tke proprietor under ;he order of the Revenue \n. Assistant. \n(4) Every person, who is decared as Bhumidhar under \nthis section, shall, with effect from the cmmenc'ement of \nthis Act, be liable to pay to the Government for land, held \nby him as such. on account of land revenue, an amount \nwhich shall proportionately correspmd to the land revenue \npayable immediately before the commencement of this Act \nfor the area in respect of which he is declared Bhunlidhar, \nwith due regard to the class of soil comprised therein. to- \n\\ \ngether with the cesses and lccal rates. \nSub-tenants",
"footnote": "ment of this Act. (w.e.f. 20-7-1954).",
"is_definition": false,
"sort_order": 140
},
{
"number": "12",
"title": "Section 12. Sub-tenants of occupancy tenants, etc.",
"chapter": null,
"content": "(1) Every sub-tenant- \nof occu- \npancy ex- (a) of an occupancy tenant other than an occupan- proprle- \ntary tenants, cy tenant under section 5 of the Punjab Tenancy Act, \netc. 1887. or \n7 \nP \n'Subs. by s. 6 of Central Act 4 of 1959 for the words \"the basis for the purposw oE \nI \nthis section shall be the records of the fasli year immediately precced:ng the commence- \n( \nP8b \ncompenrdion and land Revenue) \n(b) of an exproprietary tenant, or of a nOn-Gccu.- \npancy tenant of over twelve years or less, or '[of a rsn: \ntree grantee or a grantee at a favourable rde of rsiit. \nor1 \n(.c) of a tenant holding land un.'er a Patta Daaa- \nmi or Istamrari but without right d transfer by sale. \nwho is recorded as such in thz fasli year, before the corri- \nmencement of this Act, shall be dee~el to be a non-oclu- \npancy tenant of the land held by him and such land, icr the purposes of section 13, shall not be available to the oc- \ncupan2.y tenant, enprogri-irry tenant '[r~n-oc~upnc)' kfi- \nants, rect free graniee or 3 nrantee ?i favowable rate of \nrent or Pattadar] for acquir.tion of fi~cmidhari rights. \n(2) The piovisions of s~b-secti3~ (2) of section 10 ri:d \napply, mutatis mutandis, to this sechor..",
"footnote": "ment of this Act. (w.e.f. 20-7-1954).",
"is_definition": false,
"sort_order": 150
},
{
"number": "13",
"title": "Section 13. Tenants declared as Bhumidhars in other cases",
"chapter": null,
"content": "(1) the commencement cI this Act, the De- %umidhai \n~dty Commissioner shall also declare the following C~SS~S rights other case%, \" of teoailts as Bhunidharr, who shall, with efiect from tkc \nsame, have all the rights and be subject to all the liabi!i:ies \nconferred or imposed 4~02 Bhumidhers ccder this \nnamely : - \n(a) a rent fret orantee or a grantee at frvourabb \nrate of rent: \n(b) an exp;oprietary tenant ic Shahdara Circie; \n(c) an cccupailcr tenant, except those undtr sec- \ntion 5 of the Punjab Tenancy Act, 1887; \n(d) a non-m;.upncy tenani. who pa) S rent al rr- \nvenue rates with or withcat Malikana; \n(,) a tenant of Sir or a sub-tenant declared as \nn,-mcupancy tenant under section 10 or 12; \n3[m a tenant of or over twelve.years in Shzih33ilra \nCircle and a non-occupancy tenant ln any par1 ~of \nUnion territ~y of Delhi other than a non-occupan;g \ntenant referred to in clause (dl;? \n(2) a tenant grove holder; and \n(h) a holder of patta Dawami or IStamrari with- \nout any right to sell. \n(2) Every person who, after the cCmImenCement of this \n~ct, is admitted to land as Bhumidhar cr who acq~ir?~ \nBhumidhari rights under any provisions of this Act, shall - __-_ _-, \nB]ins. by s. 7 of Delhi Act i6 of 1956. \nabs. by s. 7 of Delhi Act 16 ot 1956 for the words \"non-occup~ncy tenaob or \np&dar.'' \naabs. by pet. 3 of Central Act 1 of 1966 (retrospectivel~). \n(~ha~rer Ill-A. Declormion of Bhumidhei right*. \ncompensation and land Revenue) \nhave all the nghts and be subject to all the liabilities con- \nferred or imposed upon Bhumidhars under this Act with \neffect from the date of admission or acquisition, as the case \nmay be. \nCompensa-",
"footnote": "",
"is_definition": false,
"sort_order": 160
},
{
"number": "14",
"title": "Section 14. Compensation and land revenue payable by Bhumidhars",
"chapter": null,
"content": "(1) Every person, declared as Bhumidhar under \nb@n and sub-section (1) of section 13, shall with effect from the com- land \nrevenue mencement of this Act, cease to pay rent of the land in \npayable by respect of which the declaration has been made to the \nEbumi- proprietcr or the landholder, as the case may be. \ndkars de- \nclared as (2) Every such person. oiher than a sub-teiiant deem \ned to be a EOE-occupancy tenant under section 10 or 12, section 13. shall-- \n(a) Be liable for payment of such amount on ac- \ncount of land revenue for the holding or his share \nt!;,:rein, as the case may be, as shal! be one half d \nthe amount of rent payablz or deemed to be payable \nby him in the Casli year immediately preceding the \ncaixrnencemen: of this Act together with cesses and \nlozal ra:es of the area of which ha is declared Bhui& \ndhar from the cmrnen:ement of tkds Act: \nProvided that whera half the amonnt d rent payable \nor deemed to be payable by him in the fasli year imim- \ndiately preceding the conrmencement of this Act is less \nthan the actual amount of land revenue payable immedja- \ntely before the commencement of this Act for the holldinq \nor his share therein, the Iand revenue shall be the said ac- \n:ual amount of land revenue, and where the said half the \namognt of rent is gre2ter than twice the actual amount of \nland rcvanue payable inmediately before the cornpence \naent of this Act, the land revenue shall be twice the said \nactual amount of land revenue, \n7 \n(b) be liable to pay as compensation in the Gw- \nernment Treasury to the credit of the proprietar con- \ncerned an amount which shall in the case of ienants \nwith permazeat and heritable rights, i.e., in tllc case \nof tenants under clauses (b), (c) and (hl of sub-section \n(1) of section 13, be eight-times the amount of land \nrevenue so determined and in the case of non-occupan- \ncy tenants, i.e., tenants, o~f Sir or tenants under clauses \n(a), (d), (f) and (g) of sub-section (1) of section \n13, 5p, sixteen times the Iand revenue so determined. \n(3) Every such person, being a sub-tenant, who is de- \nclared as Bhumidhar under clause (e) of sub-section (1) \nof section 13 shall- \n(a) be liable for payment of such amount on ac- \ncount of land revenue for the holding or his share there- \nin as is 'determined on the ssme principle as laid down \nin clause (a) of sub-section (2). \ncompensation and land Revenu~) \n(b) and be liable to pay as compensation zn \namount equal to 20 times the land revenue so daer- \nmined under clause (a) which shall be distributed bet- \nween his immediate landholder and the proprietor in \naccordance with the following scale : - \nTenants with a right Occupancy tenante Nan-occupancy \nof transfer, i.e., with permanent and tenants. \ntenants holding land heritable rights. i.e., tenants \nunder clauses (b) & i.e., tenants of Sir and \nfc) of sub-secrion \n(1) of section 11. \nCompensat ion to \nrhe Proprietor. 4 \nCompensat ion to \nthe landholder 16 \n(4) The tenant or sub-tenant declared as Bhumidhar \nunder section 13 shall pay the compensation either in OI?~ \nlump sum within six months of his declaration, or if he \ndoes not elect to pay the compensation in one lump sum, \nin ten annual equal instalments together with interest al \nsuch rate as may be prescribed, beginning from the com- \nmencement of this Act. \n(5) In the case of default in the payment on the ddte \nfixed of any instalment under sub-section (4), the alnoune \nshall be recovered as arrear of land revenue. \n(6) If during the priod of instahent the land revewlr: \nis postponed, suspended or remitted for reasons of agrical- \ntural calamity in the area concerned, the payment of com- \npensation shall also be postponed or suspended but in the \ncase of remission d land rcvenue, the payment of compen- \nsation shall not be remitted but recovered in subsequmt \ninstalments to be fixed by the Deputy Commissioner. \n(7) The Revenue Assistant shall annually disburse the \ninstalment of the Compensation paid by the Bhumidhar \nunder sub-section (4) or direct the payment of the amount \ndeposited as compensation by the Bhumidhar in one lump \nsum under sub-section (2) or (3) d this section to the pro. \nprietm or to the proprietor and landholder or their succes- \nsor-in-interest, as the case may be, in accordance with the \nrules on the subject. The annual disbursements made to \na proprietor and landholder in cases under sub-section <3); \nwhere payments are made by instalments, shall be in the \nsame proportion as the total compensations payable to \nI \n72 The Delhi Land Reforms Act, 1954 \n(Chapter III-A . Declaration of Bhumidhari rights, com- \npensation and land Revenue-General consequences of th~ \nterminorion of intermediaries rights) \n(8) In this section the expression \"rent deemed to be \npya blew means- \n(i) where the rent is paid in kind, or is based on \nan estimate or appraisement of standing crops or on rates i ,varying with the crops sown or partly in one d such \nways and partly in another or other of such ways, the \nrent shall be deemed to be an amount, which the ave- \nrage value of the landlord's share of the crops gram \nin the preceding five years, subject to such rules as \nit, \nmay be prescribed; \n(ii) where there was no rent payable or fixed for \nthe holding or area concerned or part thereof, or where \nit was held rent-free or at favourable rate of rent. the \nrent for the said area shall be calculated at the pie- \nvailing village rate of rent; and \n(iii) '[where it is not possible to ascertain the cro,~ \ngrown in the preeding five years, the rent shall be cal- \nculated at the prevailing village rate of re~t]. \n(9) Every person, who, after the commencement of this \nPict, is admitted to land as Bhumidhar or who acquired \nBhumidhari rights under any provisions of this Act, shall \npay the same amount of land revenue as was payable fm \nthe land immediately before his admission to or acquisitior~ \nof B11ul;lidhari rights in the land, together with cesses an2 \nIccal rates : \nProvided that if the last Bhi-~midhar, '[whom] ,he has \nt replaced wss '[to pay compensation], he shall resume and \nconlplete the payments in the same manner: \nProvided fmther that in any other case. i.e., where \nthe last Bhumidhar had already paid up the total amount of \ncompensation to thz proprietor. he shall not be called upon \n:o pay sny compznsation. \nB. Gerzer-a1 consequences cf the termination of ir~ermedin- \nries rights \nEstate in",
"footnote": "",
"is_definition": false,
"sort_order": 170
},
{
"number": "15",
"title": "Section 15. Mortgages in possession",
"chapter": null,
"content": "(13 A mortgagee in possession of an estate or share , \npossession ot therein shall cease to have any right in such estate or share, \na ii the proprietor mortgagor deposits the mortgage money to- with posses- \nsion. gether with interest thereon in Government Treasury alid ayplies for redenption of the mortgage in the proper court, \nwithin a period of nine month's from the commencement of \nthis Act. \nCIns. by s. 8 of Delhi Act 16 of 1956. \n2subs. by s. 8 of Delhi Act 16 of 1956 for the: words, \"when\", \n'Subs. by's. 8 of Delhi Act 16 of 1956 for the words \"making payment of corn-- \ntion by instalment.\" \nThe DeUti Land Reforms Act, 1954 \nr[Chapter IIZ-B. General colzrequences of the terminailon \nof intermedimies rights) \n'(2) '[If the proprietor mortgagor deposits the amount \nand applies fw redemption as provided in sub-section (1). \nhe shall be declared as Bhumidhar in respect of the mcrrt- \n.gaged area which was under the personal cultivation of the \nmortgagee on the date of such application for redemptipn, \nand if any part of the mortgaged area was on the said date \nlei but to a tenant, such tenant shall be declared as Bhumi- \ndhar in respect of the area that was so let out to him.] \n(3) Where the proprietor mortgagor fails to take action \nunder sub-section (1) within the time specified therein, the mortgagee d the area mortgaged with possession, \":k***], \nshall be declared as the Bhumidhar of so much of the area \nmartgaged as is under the personal cultivation of the mort- \ngagee. \n(4) Where the area mortgaged or part thereof is let out \nta tenants, the mortgagee shall be declared as the Bhumi- \nclhar d the part under his personal cultivation and the \ntenaEts shall be declared as Bhumidhars ol their respective \nareas let out to them. \n(5) Subject to section 11 or 13 the provisions of sub- \nsections, (1) to (4) shall apply mutatis mutandis to mortgagee \nwith possession where the mortgagors were- \n(a) occupancy tenants under section 5 of the \nPunjab 'Teoancy Act, 1887, or \n(b) tenants holding land on Fatta Da~l-ari or Ista- \nmrari, with right of transfer by sale, or \n(c) &proprietary tenants, occupancy teaants ather \nthan those under section 5 of the Punjab Tenancy Act, \n1887, grove holders or tenants holding land on Patta \nDawami or Istamrari without right of transfer by sale.",
"footnote": "date of the mortgage\" rep. by s. 7 c,f Central Act 4 of 1959.",
"is_definition": false,
"sort_order": 180
},
{
"number": "16",
"title": "Section 16. Consequences of acquisition of Bhumidhari rights by mortgagees",
"chapter": null,
"content": "Notwithstanding anything contained in any other Consequ- \nlaw for ths time bcing in force or in any mortp.ge deed or ences of \nother instrument or agreement, where a proprietor mortgagor ~~q~~~~ \nfaiIs to apply for the redemption of his mortgage within the dhari rights \ntime specified in sub-section (1) of section 15 and the rnort- by mort- \ngagee and tenants, if any, in respect of the mortgaged pro- gagees etc., \nperty or any portion thereof are declared Bhumidhars in ac- \ncordancs with the provisions of sub-section (3) or sub-section \n(4), as the case may be, of that section, the following conse- \nquences shall follow, namely : - \n(1) the proprietor mortgagor shall be absoltltely debar- \nred of his right tor redeem the mortgage; \n'Subs. by s. 7 of Central Act 4 of 1959 for the original sub-section. \nTbe words \"whether or not it was the Sir or Khudkasht of the mortgagor on the \n74 The Deihi Land Reforms Act, 1954 \n(Chapter ZZI-B. General consequences qf the terminatit;i;rk \nof intermediaries riehts) \n(2) the mortgagee and the tenants, if any. in respect \nof the mortgaged property or any portion thereof, who ha~e - \nbecn declared as Bhumidhars as aforesaid, shall pay *of \nthe proprietor mortgagor compensation which shall be dc.. \ntermined as follows : - \ni (a) the amount of compensation payable by the \n9 mortgagee and each of the tenants, if any, shall be deter. \nmined separately in accordance with the provisions lald \ndown in zlauses (a) and (b) of sub-section (2) of sectioik \n14 for determining the ariivuii; of compensation, payable \nby a Bhumidhar; \n(b) the amount of compensation as determined \nunder clause (a) payable by each of the tenants shal? \nbe paid by him to the proprietor-mortgagor through \ncourt either in one lump sum or in instalments in the \nmanner laid down in sub-section (4) of section 14; \n(c) the total amount due from the proprietor \nmortgagor to the mortgagee under the mortgage deed \non the date of the commencement of this Act shal? \nthen be determined in the prescribed manner afks \ndeducting the receipts if any, by the mortgagee frorn \nthe mortgaged property; \n(d) if the amount of compensation payable b) the \nmortgagee to the proprietor-mortgagor is greater than , the amount determined under clause (c) the mortgagec \nshall pay through court to the proprietor-mortgagor \nas compensation the difference between the two in one \nlump sum; '[within six months from the date of thz \norder] and where the amount of compensation payable \n% by the mortgagee is less than ths amount -determined \nunder clause (c), the entire mortgage money with \n1 \ninterest, if any thereon,, shall be deemed to have been \nfully satisfied by the enjoyment of the usufruct ol \nthe morigaged property and the proprietor-mortgagor \nshall not be required to pay anything under the mort- \ngaze deed to the mortgagee. \n(3) where a tenant mortgagor, referred to in sub-section \n(5) of section 15. fails to apply ior rdemption within \nthe period specified in sub-section (1) of that section, the \nprovisions of sub-sction (1) and of clause (a) of sub-section \n(2) shall apply mutatis mutandis and the amount or ccL11i- \npensation payable by the mortgagee and his tenants. if \nof intermediaries rights) \n1887, or a Pattadar Dawami or Istarnrari with right of \ntransfer by sale, the amount due from the mortgagor \nto the mortgagee under the mortgage shall also be \ndetermined in it--dance with clause (c) of sub-section \n(2). The mortgagee or his tenants shall each first \npay out of the total cm~nsation determined above, \nan amount equal to four times the land revenue pay- \nable for the land in his possession immediately before \nthe commencement of this Act, to the proprietor. If \nthe balance of the compensation payable by the mofe \ngagee and his tenants, is greater than the amount dm \nmort- to the mortgagee from the mortgagor under thp \ngage the difference shall be paid by the mortgagee and \nhis tenants, as comgxnsatioil to the mortgagor tenant \n'[in one lump sum within six months from the date of \nthe order, first by the mortgagee's tenant upto the ex- \ntent of the balance of his share of compensation an2 \nthen by the mortgagee upto the extent of the amomit \nleft over, if any]. If it is less, the entire mortgage \nmoney with interest shall be deemed to have been fully \nsatisfied by the enjoyment of the usufruct and noth- \ning shall be payable to the mwtgagee in adjustment \nof the mortgage money, \n(ii) where the mortgagor tenant is a tenant, other \nthan an occupancy tenant under sectim 5 of the Pun- \njab Tenancy Act. 1887, or a Pattadar Dawami cx \nIstarnrari with right of transfer by sale, the entire \namount of compensation payable by the moltgagpe \nand his tenants, if any, shall be paid direct to the \nproprietors of the mortgagor tenant and the mmtgage \nmoney, shall be deemed to have been fully satisfied \nby the enjoyment of the usufruct. \n'[IMA). Where a tenant is declared as Bhumidhar io ~~~~~le \nrespect of any part of mortgaged area that has been re- declared \ndeemed under sub-section (1) of section 15, the cmpen- Bharnidhar \nsation payable by such tenant to the mortgagor shall be of \ndetermined and wid in the manna provided in clause (2) \nor clause (3) of section 15 according as such tenant is de- \nclared a Bhurnjdhas uiider sub-section (2) or sub-section \n15) of secti~n 15.1",
"footnote": "date of the mortgage\" rep. by s. 7 c,f Central Act 4 of 1959.\nany, in respect of mortgaged land in possession of each to \nthe proprietor shall be determined separately, in accord- \nance with the provisions of clauses (a) and (b) of sub \nsection (2) of section 14. The compensation so determined \nshall be paid as follows :- \n(i) where the mortgagor tenant is an occupancy \ntenant under section 5 of the Punjab Tenancy Act, \n'Ins. by s. 9 of Ddhi Act 16 of 19% 1",
"is_definition": false,
"sort_order": 190
},
{
"number": "17",
"title": "Section 17. Variation in rent not to be recognised",
"chapter": null,
"content": "ITir. Notwithstanding any contract made or anything Variation id \ndone or permitted to be done, on a after the first day of ~~r~uI~sr. \nJuly, 1950 by or on behalf d a proprietor or a tenant, in 1950, not \nrespect of any land in the State, the rent payable therefor by be recogni- \nthe. tenant in the fasli year immediately preceding the corn- zed. \nmencement cvf this Act shall be deemed to be an amount \n( equal to the rent payable by the tenant or his predecessor- \nin-title on the date aforesaid and any reduction or remission \nmade therein after the said date otherwise than in pursuance \nof a decree or order of a court shall not be taken into \naccount : \n'Ins. by s. 9 of Ddhi Act 6 of 1956. \nTns. by 8. 8 of Central Act 4 of 1959. (w.e.f. 20-7-1954). \n6-1 Ddhi Adm.170 \n, \nof intermedories rights) \nContract \nagreement \nor eviction \nto d~f~t \nprovisions \nof this \nAct to be \nvoid. \nProvided that where the rent reduced in pursuance uf \nainosct corn- any decree or order aforesaid is less than tb- \nputed at the prevailing village rate of rent the rent payable \nshaU be an amount so computed.",
"footnote": "grs- or revision, of the nature speciged in Schdde 11, pending \nin any court: for hearing on the cammeccemect d this Act \nand all primedings (except in so far as they relate to ths \nrealisation, otherwise than by ejectment of the judgment \ndebtor, of cost of compensation awarded in any suit 01- \n- \n'Ins. by 8. 9 of Central Act 4 of 1959. (w.e.f. 20-7-19541, \n.I, by ibid. (w.e.f. 20-7-1954)-",
"is_definition": false,
"sort_order": 200
},
{
"number": "18",
"title": "Section 18. Contract or agreement to defeat Act to be void",
"chapter": null,
"content": "(1) Any contract or agreement made betweea a \nproprietor and any person on or after the 1st day of J~Y, \n1950, which has the effect, directly or indirectzy d defeatinq \nthe provisions of this Act shall be and is hereby declared \nnull and void. \n(2) Notwithstanding any decree or order where a tenant \nof Sir or sub-tenant of tenants referred to in sub-section. (1) \nof section 10 or sub-tenaot d tenants referred to in section \n12 or a non-occupancy tenant referred to in cleuse (fl of sub- \nsection (1) d section 13 was evicted from lznd akr 1st July, \n1950, on any ground other than for arrears of rent, the tenant \nm the sub-tenant shall be entitled to regain possession there- \nof on his making an application in this behdf to the Revenue \nAssistant an^, shall on regaining possession have the same \nrights as he would have had but for such eviction decree \n.or order] : \nProvided that the land is not in the possession of any \nnther tenant in the fasli year inmediately before the corn- \nanenccmsnt of this Act. \n'[(3) Notiking in this section shag a8e:t thpv Tights of a \npraprietor in aay land held ol- occupied 2t the ccrnr;lt-IIW- \nment of this Act for pusposes other than t~?oec mention%! ia \nclause (1;) d section 3.1 \nCesseo,",
"footnote": "grs- or revision, of the nature speciged in Schdde 11, pending \nin any court: for hearing on the cammeccemect d this Act \nand all primedings (except in so far as they relate to ths \nrealisation, otherwise than by ejectment of the judgment \ndebtor, of cost of compensation awarded in any suit 01- \n- \n'Ins. by 8. 9 of Central Act 4 of 1959. (w.e.f. 20-7-19541, \n.I, by ibid. (w.e.f. 20-7-1954)-",
"is_definition": false,
"sort_order": 210
},
{
"number": "19",
"title": "Section 19. Cesses, local rates and sayar",
"chapter": null,
"content": "19, A Ek.ddhar shall pay io Gaverrunx~t all tl~e res- \nLocal I ses, iccsl rates and ssyar p:oprtionately tc his lacd revcnrre, rae and in respct. of his holding. sayar. \nAny contract or agreement betwen t3e proprietor xAd \nany gmscn coapovsding, rejeasing or reduciag tb'? pnymcill \nof cesses, local rates m sayar aher the 1st oS .IJy, 1950, shal! \nbe void. \nShy of suits",
"footnote": "grs- or revision, of the nature speciged in Schdde 11, pending \nin any court: for hearing on the cammeccemect d this Act \nand all primedings (except in so far as they relate to ths \nrealisation, otherwise than by ejectment of the judgment \ndebtor, of cost of compensation awarded in any suit 01- \n- \n'Ins. by 8. 9 of Central Act 4 of 1959. (w.e.f. 20-7-19541, \n.I, by ibid. (w.e.f. 20-7-1954)-",
"is_definition": false,
"sort_order": 220
},
{
"number": "20",
"title": "Section 20. Stay of suits",
"chapter": null,
"content": "29. All suits, whether of the first isstance, appeal cr \nrevision of the nature as specified in Schedule TI pending .n \nany court for hmkg on the commencemen.; ctf this Act shag \nbe stayed. \nstay of",
"footnote": "grs- or revision, of the nature speciged in Schdde 11, pending \nin any court: for hearing on the cammeccemect d this Act \nand all primedings (except in so far as they relate to ths \nrealisation, otherwise than by ejectment of the judgment \ndebtor, of cost of compensation awarded in any suit 01- \n- \n'Ins. by 8. 9 of Central Act 4 of 1959. (w.e.f. 20-7-19541, \n.I, by ibid. (w.e.f. 20-7-1954)-",
"is_definition": false,
"sort_order": 230
},
{
"number": "21",
"title": "Section 21. Stay of proceedings",
"chapter": null,
"content": "All proceedings whether of the Erst instance, appeal \n(Cj'zapter Ill-B. General consequences ~f the termination \nof inrermdimties rights4. Use of land azd irnprovemen.fr \n-(Bhumidhws and Asainis)) \nproceedings) upon any decree or order, unless it is a decree \nor order which became final before the commencement of \nthis Act, but is not a decree which may be executed by ejecr- \nrnent d the judgment debtor passed in any such suit or pro- \n% ceedings previous to the mmencement of this Act, shall \nbe stayed. \nC. Use of lami and impmve~nents-(Bhumidhars arrc! \nAsamis)",
"footnote": "grs- or revision, of the nature speciged in Schdde 11, pending \nin any court: for hearing on the cammeccemect d this Act \nand all primedings (except in so far as they relate to ths \nrealisation, otherwise than by ejectment of the judgment \ndebtor, of cost of compensation awarded in any suit 01- \n- \n'Ins. by 8. 9 of Central Act 4 of 1959. (w.e.f. 20-7-19541, \n.I, by ibid. (w.e.f. 20-7-1954)-",
"is_definition": false,
"sort_order": 240
},
{
"number": "22",
"title": "Section 22. Right of Bhumidhar or Asami to exclusive possession",
"chapter": null,
"content": "A Bhumidhar or Asami shall, subject to the provi- Right of \nsions of this Act, have the right to the excl~~sive pssessicn Bhumidhar \nof all land comprised in his respcctivtive holding and to usc P,' 2::- \nland for any purpose connected with agricuirure, horticulture elusive pas- \nor animal husbandry which includes piscicuilure and poultry session of \nfarming and to make any improvement. Iand in , \nhis holding. \n\"",
"footnote": "",
"is_definition": false,
"sort_order": 250
},
{
"number": "23",
"title": "Section 23. Use of land for industrial purposes",
"chapter": null,
"content": "(1) A Bhunidhar or Asami shall not be entitkd Use of \nto use his holding or part thereof for industrial pmpses, holding for \nother than those immediately connected with any d the pr- F;;::! \npses referred to in saction 22, mless tkz land lies withhi \nthe belt declared for the purpse by the Chief Commissi~nzr \nby a notificati~n iin the official Gazetie : \nProvided hlzt the Chief Commissmer may, on apfi- \ncation preseoted to the Deputy Cornissic zer in the prescri- \nbed manner, sanction the use of any hcluhg or pan tlzelz- \nof 5jr a Bhcnridhzr for industrial pnr-wscs even thargh it \ndoes nDt lie w:tliin suclz a belt. \n(2) \"$!here pemdssicn !or indus'rial prpses is ;ccijrd- \n&. tke ;~rovisiorrs of this Chapter relating ic devolution sha?! \ncease :o ap$y to the Bhuaidhrr with rzs?xt to s?li:\"uiand \n2nd he shall tkereupon be gc~erned ia the rzatter of Gevoh- \nticn of the land by personal law to wbiof fie is subject.",
"footnote": "",
"is_definition": false,
"sort_order": 260
},
{
"number": "24",
"title": "Section 24. Reversion of land to Gaon Sabha",
"chapter": null,
"content": "(1) Wherever any land held by a 3humidi-car which F,ewersion to \nis used for industrial purposes has become :an$ uaed for p11- apiculture. \nposes conllected with agricult~e, hc1rtrticul'r:~e or auimel hm- \nbandry, whic5 iz~cludes pisciculture and p:~:J?qr far~nin~, th \nDeputy Ccnmissioner on being so sstisfi-d, may, with ~th:: \nsanction of the Chief Commissioner, make a declaration to \nthat effect a.nd thereupon the Bhumidhar shall, as respsts \ntile land, be subject to the provisions relating to devolutioc. \nin this chapter. \n(2) Upon, the grant ofathe declaration under sub-section \n(1) in respect of any Iand any person other than the Bhurni- \ndhar in possession of the land shall- \n(a) if he holds it under any contract or lease which \nis inconsistent with any d the provisions of this chapter, \nbe deemed to be an occupant liable to ejectment under \nsection 84, \n78 The De$zi Land Reforms Act. 1954 \n(Chapter ZIZ-C. Use of lond improvements-(~humidhs \nand Asamis)) \n(b) if he holds it under any contract or lease which \nis not inconsistent w& any of the provisions of this \nchapter, be entitled to the rights in the land determin- \ned in qccordanoe with the provisions thereof. \n(3) A&y contract or lease referred to in sub-clause (a) \nof sub-section (2) which is inconsistent with the provisions \nof this chapter shall, to the extent of the ininconsistency, bet \ncome void with effect from the date elf declaration: \nProvided that any mortgage with possession existing on \nany such land shall, to the extent of the amount due and , \nsecured on such land, be deemed to have been substituted \nby a simple mortgage carrying such rate of interest as may \nbe prsscribed. \nRegistration",
"footnote": "",
"is_definition": false,
"sort_order": 270
},
{
"number": "25",
"title": "Section 25. Acquisition of land for public purpose",
"chapter": null,
"content": "A copy of every sanction given or declaration made \nof the under section 23 or 24 shall be forwarded by the Deputy sanction or declaration Commissioner to the Sub-Registrar concerned, who shall, \nunder donnotwithstanding anything contained in the Indian Registra- \n23 or 24. tion Act, 1908, register the same free of cast in the mama \nprescribed. \nRe?triction",
"footnote": "",
"is_definition": false,
"sort_order": 280
},
{
"number": "26",
"title": "Section 26. Right to make improvements",
"chapter": null,
"content": "No Bhumidhar or Asami shall make an irnprwe- \non lmProve ment on, or detrimental to, any land which is not included \nments. in the holding, to be benefited thereby '[except- \n(a) with the written permission of the landholder \nof such land or the Gaon Panchayat, as the case lnsy \nbe, or \n(b) where such permission is nolt given within the \nprescribed period, with the written permission of the \nRevenue Assistant granted in accorcia~ce with rules \nmade under this Act in this behalf.] \nWorks",
"footnote": "",
"is_definition": false,
"sort_order": 290
},
{
"number": "27",
"title": "Section 27. Restrictions on improvements",
"chapter": null,
"content": "(1) Where a Bhumidhar or Asami has made an h- \nbenefiting provement on land and such land is sold in lieu of arrears \nland. of land revenue or in exxxticm of a decree for payment ot \nmoney or the Bhumidhar or Asami is ejected from wck land, \nthe purchaser or the landholder, as the casc may be, shall , \nbecome the owner of the iqprovement but the Bh~midhar \n. or Asami shall be entitled to the benefit of the improvemsnt \nin respect. of the land remaining in his possession to the \nsame extent and in the same manner as it had hitherto bene- \nfited thewby. \n(23 Where the Bhumidhar or Asami has made an im- \nprovement on land which remains in his possession after e \nportion of his land has been soId in lieu of arrears of land \nrevenue or in execution of a decree or order of Court for \npayment of money or after he has been ejected from a pDr- \ntim af bis land, the purchaser or the landholder, as the \ncase may be, shall be entitled to the benefit of such improve- \nment in rapeat, of land which d~ not remain in the ps- \nsession of the Bhumidhar or Asami to the same extsnt and \nin the same manner as it had hitherto benefited thereby. \n'Subs. by s. 10 of Central Act 4 of 1959, for the words \"except with the written pcr \nQission of the land holder of such land or the Gaon Panchsryat, as the case may bt.\" \n. r he 111. Use of land mtd improvements- \n(Bhumidhars and Asamis))l",
"footnote": "(2) If the amount d compensation exceeds the amount \nrecoverable from the Asami as arrears of rent whether de- \ncreed or not, on account of the holding, together with costs, \nif any, the dexee or order for ejectment shall be conditional \n- \n'Subs. by s. 11 of Central Act 4 of 1959, for the words \"written consent of the Gaon \nfurchayat of the land holder\". \n',Subs. by ibid. for the word \"Consent\".",
"is_definition": false,
"sort_order": 300
},
{
"number": "28",
"title": "Section 28. Right to compensation for improvements",
"chapter": null,
"content": "(1) An Asami who has made any improvement %Right to \nwith the '[written permission of the landholder, the Gaon rompensa- \nPanchayat or the Revenue Assistant], as the case may be, z;rge \n* ,ahall be entitled to compensation- ment made \n? by an (a) when a decree or order for his ejectment is Asami. \npassed on any ground other than his making any trans- \nfer in contravention of the provisions of this Act or on \nthe groulld of his using the land for any purpose olher \nthan agriculture, horticulre or animal husbandry, which \nincludes pisciculture and poultry farming; \n(b) when he has been wrongfully deprived of p- \nsession by the Gaon Panchayat or his landholder, as \nthe case may be, and has not recovered possession of \nhis holding; or \n(c) when he vacates the holding on the expiry of \nhis lease or on becoming liable to ejectment on any \nground mentioned in clause (a). \n(2) No compensation shall be payable to an Asami \nwhere the improvement was made without the written \"per- \nmission] as aforesaid.",
"footnote": "(2) If the amount d compensation exceeds the amount \nrecoverable from the Asami as arrears of rent whether de- \ncreed or not, on account of the holding, together with costs, \nif any, the dexee or order for ejectment shall be conditional \n- \n'Subs. by s. 11 of Central Act 4 of 1959, for the words \"written consent of the Gaon \nfurchayat of the land holder\". \n',Subs. by ibid. for the word \"Consent\".",
"is_definition": false,
"sort_order": 310
},
{
"number": "29",
"title": "Section 29. Determination of amount of compensation",
"chapter": null,
"content": "In determining the amount of compensation for im- Determina- \nprovement regard shall be had t<r- tlon of the \namount of \n(a) the cost of the work. compensa- . , \ntion. \n(b) the condition d the work and the period dur- \ning which it is likely to add materially to the value of \nthe holding. \n(c) the amount by which the quantity or value of \nthe produce of the holding is increased by the work. \n(d) the length d time during which the Asami \nclaiming compensation has had the benefit of the im- \nprovement, and \n(e) the age of the trees, their class and the income \nlikely to accrue from them.",
"footnote": "(2) If the amount d compensation exceeds the amount \nrecoverable from the Asami as arrears of rent whether de- \ncreed or not, on account of the holding, together with costs, \nif any, the dexee or order for ejectment shall be conditional \n- \n'Subs. by s. 11 of Central Act 4 of 1959, for the words \"written consent of the Gaon \nfurchayat of the land holder\". \n',Subs. by ibid. for the word \"Consent\".",
"is_definition": false,
"sort_order": 320
},
{
"number": "30",
"title": "Section 30. Court to decide dispute as to compensation",
"chapter": null,
"content": "(1) In any suit or other prweeding for ejectment Court to \nof an Asami, the Court shall, where compensation for im- ~~p\"e~~ \nprovement is payable, before passing a decree or order for tionfor \nejectment, assess the amount of compensation payable to the improve- \nAsami under section 29. ments. \n80 \" The De&i Land Rejorms Act, 1954 \nInterest of \na Bhumi- \ndhar to \nbe trans- \nferable. \nInterest of \nan Asami \nnot trans- \nferable. \n(Chapter 111-C. Use of laid arzd improvernenfs--(Bhunzi- \ndhars and Asamis)-D. Trmufsi-s (Bizurnidliars and Asamis)) \non the payment by the IancihoMer or the Gaon Sabha of the \nbalance he to ths Asa:~ within such time as the Court \nmay dlrect. \n(3) If the axrmunt of coxyensation dms not exceed the \namount recoverable from the Asami as specified in PI&- \nsectim (2), the same shall be deemed to have bsen qatisfied \non hs ejectment, and the balance shall, subject to t3e Asamis \nright3 to the vahe of the standing crops and trces be re- \ncoverable from him. \nD. Transfers (Bkumidhar,- and Asamis)",
"footnote": "(2) If the amount d compensation exceeds the amount \nrecoverable from the Asami as arrears of rent whether de- \ncreed or not, on account of the holding, together with costs, \nif any, the dexee or order for ejectment shall be conditional \n- \n'Subs. by s. 11 of Central Act 4 of 1959, for the words \"written consent of the Gaon \nfurchayat of the land holder\". \n',Subs. by ibid. for the word \"Consent\".\nadvanced or to be advanced. \n'Subs. by Sec. 28 of Central Act 24 of 1960. \n¶Re-numbered and Ins. by Sec. 3 of Central Act 38 of 1965.",
"is_definition": false,
"sort_order": 330
},
{
"number": "31",
"title": "Section 31. Interest of Bhumidhar to be transferable",
"chapter": null,
"content": "The interest of a B5unidhar shall be transferable \nsubject to the conditions hereinafter contained.",
"footnote": "advanced or to be advanced. \n'Subs. by Sec. 28 of Central Act 24 of 1960. \n¶Re-numbered and Ins. by Sec. 3 of Central Act 38 of 1965.",
"is_definition": false,
"sort_order": 340
},
{
"number": "32",
"title": "Section 32. Interest of Asami not transferable",
"chapter": null,
"content": "The interest d an Asami shall not be transferable \nexcept as expressly permitted by this Act. \nRestrictions '[",
"footnote": "advanced or to be advanced. \n'Subs. by Sec. 28 of Central Act 24 of 1960. \n¶Re-numbered and Ins. by Sec. 3 of Central Act 38 of 1965.",
"is_definition": false,
"sort_order": 350
},
{
"number": "33",
"title": "Section 33. Restrictions on transfers by Bhumidhar",
"chapter": null,
"content": "(1) No Bhumidhar shall have the right to transfer \non the by sale or gift or oihenviss any land to any person, rjther than \n* \ntransfers a religious or charitable i~~stitution or any person in charge \nI \nby a Bhumidhar. of any such ghmdan movement, as the Chief Conmissioner 0: \nmay by catification in the Official G~zelte, sp~cify, where \nas a result oftthe traosfer, the transferor shall be lzft with \nless than eight standard acres in the Union territmy of \nm&i : \nProvided that the Chief Commissioner may exempt \nfrom the opcraticm of this section, the transfer of any land \nmade before the 1st day of December, 1958, if the land \ncovered by such transfer does not exceed one acre in area \nand is used or intended to be used for purposes ctkr than \nthose mentioned in clause (13) of sectia 3.1 \n'[(2) Nothing contained in sub-section (1) shal; pecludz \nthe transfer of land by a Bhumidhar who holds kss than \neight standard acres of land, if such transfer is ~f the entire \nland held by him: \nProvided that such BEumidhar may transfer a part of \nsuch land to any religious or charitable instituticn or other \nperson referred to in su5section (1). \nExplam.ztion.-For the purposes of this section. a re- \nligious or charitable institution shall mean an institution \nestablishes for a religious purpose or a charitable purpose, \nas the case may be.] \nOnly simple",
"footnote": "advanced or to be advanced. \n'Subs. by Sec. 28 of Central Act 24 of 1960. \n¶Re-numbered and Ins. by Sec. 3 of Central Act 38 of 1965.",
"is_definition": false,
"sort_order": 360
},
{
"number": "34",
"title": "Section 34. Only simple mortgage allowed",
"chapter": null,
"content": "No Bhurnidhar shall have the right to mortgage *'*gage any land belonging to him as such where possession of thz land by a ~h~~idh~~ mOrtgaged land is transferred or is agreed to be transfer- \n2' \nallowed. red in future to the mortgagee as security for the money - \nI. \nThe Delhi Land Rejorms Act, 1954 8 P \njCh.~~pter 111-D. Traders (Bhunidhars and Asamis))",
"footnote": "advanced or to be advanced. \n'Subs. by Sec. 28 of Central Act 24 of 1960. \n¶Re-numbered and Ins. by Sec. 3 of Central Act 38 of 1965.\n'Oimitttd by Central Act 38 of 1965, s. 4. \n'Ins. by s. 4, ibid. \n'Relettered by s. 4, ibid. \n'Subs. by s. 4, ibid.",
"is_definition": false,
"sort_order": 370
},
{
"number": "35",
"title": "Section 35. Letting of land",
"chapter": null,
"content": "No B!l,umidaar or Asami shall let, for any pried Letting of 1 \nwhatsoever, any land comprised in $is holding except 21: 'and. \nthe cases provid-ed fx in section 36. \nExpEa,~at:o;.n.-~4ny arrangexent whereby a perssn ;s \nentitled to a light merely to share 21 the produce griiblr \n/ on the land in consideration of such person assisting cr \npartlcipaticg with the tenure-holder in the actual per:'nr- \nmance of agriculturzl operations is not a \"lease\".",
"footnote": "'Oimitttd by Central Act 38 of 1965, s. 4. \n'Ins. by s. 4, ibid. \n'Relettered by s. 4, ibid. \n'Subs. by s. 4, ibid.",
"is_definition": false,
"sort_order": 380
},
{
"number": "36",
"title": "Section 36. Lease by a disabled person",
"chapter": null,
"content": "(1) A lshumidhzr who is- I.ease by \na disabled! \n(a) an unmarried woman, m if married, drvorced prsan. \nor sepa~ated from her husband, or a widav; \n(b) a minor whose father has died; \n(c) a lunatic or an idiot; \n(d) a person incapable of cuhivating by reasm of \nblindness, cur physical infirmity; \n(el prosecuting studies in a ~smgnized institction \nand does not exceed 25 years in age; \n(f) in the amed forces of the Indian Union; I*** \n2[(g) dependent for assistance in agricultural ope- \nrations on a person serving in the aimed fxces of the \nUnion and c:r:i?ied by the Deputy Commissioner ti? be \nso dependent; or 1 \n\"(hN under detention or imprisonment; \nmay let the whole or any part of his holding : \nBravided that in the case of a holding held jointly by \n$ more persons than one where but m-e c~ more of them, \ns but not all, ar: sl~bject to the disabilities mentione:! jl: \n4[c1auses (a) to (h)], the person or persons may let out his \nor their share in the holdicg. \n(2) W.ere any share of a holding has been let orrt \nunder the proviso to sub-section (1). the Court may, on \nthe application of the Asarni ojr any tenure-holder, dzte- \nmine the share of the lessor in the holding and partirion \nthe same. \n(3) A Bhumidhar, who holds only less than 8 stan- \ndard acres in the State, may where he dms not join a co- \noperative farin lease ths whole of his holding to an Asami: \n- Provided that the lease is for not less than 5 years: \nPrwided further that the Bhumidhar shall not be en- \ntitled to resume it except for self-cultivation m for breach \nof terms d the lease. \n- \nI \nRegistration '",
"footnote": "'Oimitttd by Central Act 38 of 1965, s. 4. \n'Ins. by s. 4, ibid. \n'Relettered by s. 4, ibid. \n'Subs. by s. 4, ibid.\nperson who may have obtained possession of such holding section 33. \nor part] shall, notwithstanding anything in any law, be \nliable to ejectment from such holding or part t the suit \n'Subs. by 8. 5 of Central Act 33 of 1965. \n'Subs. by a. 6, ibid. \n'Subs. by s. 7, ibid. \n'Subs. by s. 7, ibid.",
"is_definition": false,
"sort_order": 390
},
{
"number": "37",
"title": "Section 37. Registration of a lease",
"chapter": null,
"content": "~otwithstandini anything contained in the 'Trans- Of a lease. fer of Property Act, 1882, or the Indian Registration Act, \n1908, a lease for a term exceeding one year w from year \nto year may be made either by a registered instrument or \nin the prescribed manner. \nk \nFailure to",
"footnote": "person who may have obtained possession of such holding section 33. \nor part] shall, notwithstanding anything in any law, be \nliable to ejectment from such holding or part t the suit \n'Subs. by 8. 5 of Central Act 33 of 1965. \n'Subs. by a. 6, ibid. \n'Subs. by s. 7, ibid. \n'Subs. by s. 7, ibid.",
"is_definition": false,
"sort_order": 400
},
{
"number": "38",
"title": "Section 38. Failure to register lease under section 37",
"chapter": null,
"content": "A lease which fails merely to comply with the pro- \nregister the dims of section 37 shall not. for ourwses of 'Bection 421 \nleas!= under bc deemed to be a transfer kadezin Acontraven&on of thi \ns7' provisions of this Act. \nSuccessor-in",
"footnote": "person who may have obtained possession of such holding section 33. \nor part] shall, notwithstanding anything in any law, be \nliable to ejectment from such holding or part t the suit \n'Subs. by 8. 5 of Central Act 33 of 1965. \n'Subs. by a. 6, ibid. \n'Subs. by s. 7, ibid. \n'Subs. by s. 7, ibid.",
"is_definition": false,
"sort_order": 410
},
{
"number": "39",
"title": "Section 39. Successor-in-interest bound by lease",
"chapter": null,
"content": "When a holding has been let in accordance with interest \nbound by the provisions of section 36, the successor-in-interest of the \na lease. Bhumidhar shall be bound by the terms of the lease in so \nfar as they are not inzcmsistent with the provisions of this \nAct. \nExchange. '[",
"footnote": "person who may have obtained possession of such holding section 33. \nor part] shall, notwithstanding anything in any law, be \nliable to ejectment from such holding or part t the suit \n'Subs. by 8. 5 of Central Act 33 of 1965. \n'Subs. by a. 6, ibid. \n'Subs. by s. 7, ibid. \n'Subs. by s. 7, ibid.",
"is_definition": false,
"sort_order": 420
},
{
"number": "40",
"title": "Section 40. Exchange of land",
"chapter": null,
"content": "(1) Subject to the provisions of section 33, a \nBhumidhar may exchange lands held by him as such- \n(a) For lands held by any other Bhumidhar as \nsuch, or \n(b) for lands for the time being vested in a Gaon \nSabha m local authority or in Government : \nVovided that no such exchange shall be made except \nwith the permission of the Deputy Commissioner, who \nwill refuse permission if the difference between the area \nof the land given in exchange and of the land received \nin exchange in terms of standard acres is more than ten per- \ncent of the area in standard acres of the land which is smal- \nler in area. \n(2) Where the Jhputy Commissioner permits exchange, \nhf shdl also order the relevant annual rug ister to be car- \nrevted accordingly. \n(3) On exchange made in accordance with sub-section \n(I), the parties to such exchange shall have the same rights \nin the land received in exchange as they had in the land \ngiven in exchange.]",
"footnote": "person who may have obtained possession of such holding section 33. \nor part] shall, notwithstanding anything in any law, be \nliable to ejectment from such holding or part t the suit \n'Subs. by 8. 5 of Central Act 33 of 1965. \n'Subs. by a. 6, ibid. \n'Subs. by s. 7, ibid. \n'Subs. by s. 7, ibid.",
"is_definition": false,
"sort_order": 430
},
{
"number": "41",
"title": "Section 41. Land revenue assessed on exchanged land",
"chapter": null,
"content": "Nothing in section 40 shall affect the amount of the Land re- \nland revenue assessed on or payable for land so exchanged. ~~~e~$, \nexchange.",
"footnote": "person who may have obtained possession of such holding section 33. \nor part] shall, notwithstanding anything in any law, be \nliable to ejectment from such holding or part t the suit \n'Subs. by 8. 5 of Central Act 33 of 1965. \n'Subs. by a. 6, ibid. \n'Subs. by s. 7, ibid. \n'Subs. by s. 7, ibid.",
"is_definition": false,
"sort_order": 440
},
{
"number": "42",
"title": "Section 42. Transfer in contravention of section 33",
"chapter": null,
"content": "(1) Where a transfer of any holding or part there- Transfer in \nof has been made in contravention d the provisions of \"this contraven- \nChapter by a Ehumidhar or Asami] \"[the transferee and every tion to \nof the '[Gaon Sabha or the land holder, as the case nay \nbe] which shall thereupon become vacant land; but notn- \ning in this section shall prejudice the right of the transfer \nto realize the whole or portion of the price reaaining un- \npaid. or the right of any ether person other than the \ntransferee to proceed against such holding or land in enforce- \n[ ment of any claim thereto. \n(2) To every suit for ejectinent under this section the \ntransferm shall be made a party. \n- Ion \"(3) Notwithstanding anything co~tained in sub-sed' \n(I), the Revenue Assistant also may, on receiving informa- \ntion or on his own motion, take action to eject the trans- \nferee and every person who may have obtained possession \nas aforesaid, after following such procedure as may be \nprescribed.]",
"footnote": "person who may have obtained possession of such holding section 33. \nor part] shall, notwithstanding anything in any law, be \nliable to ejectment from such holding or part t the suit \n'Subs. by 8. 5 of Central Act 33 of 1965. \n'Subs. by a. 6, ibid. \n'Subs. by s. 7, ibid. \n'Subs. by s. 7, ibid.\nor in any improvements made therein or to get mpeixa- under sw- \ntion for such improvements shall be extinguished. tion 46. \n'Subs. by s. 7 of Central Act 38 of 1965. \n*$ubs. by s. 7, ibid. \n'Ins. by s. 13 of Central Act 4 of 1959. (w.e.f. 20-7-1954). \n*Subs. by s. 8 of Central Act 38 of 1965. \n'Omitted by s. 9, ibid. \n'Subs. vide s. 10, ibid.",
"is_definition": false,
"sort_order": 450
},
{
"number": "43",
"title": "Section 43. Transfer with possession by Bhumidhar deemed a sale",
"chapter": null,
"content": "Any transfer of any holding or part thereof madP Transfer \nby a Bhumidhar by which possession is transferred to the with pos- \ntransferee f~r the purpose of ssnring any payment of session by \nmoney advanced a to be advanced by way of loan, and :hf::F \nexisting or future debt or the performance cEf an engage- be deemed \nment which may give rise to a pecuniary liability, shall, a sale. \nnotwithstanding anything contained in the document of \ntransfer or any law for the time being in force, be deemed \nat all times and for all purposes to be a sale to the trans- \nferee and to every such sale the provisions of sections 33 \nand 42 shall apply.",
"footnote": "or in any improvements made therein or to get mpeixa- under sw- \ntion for such improvements shall be extinguished. tion 46. \n'Subs. by s. 7 of Central Act 38 of 1965. \n*$ubs. by s. 7, ibid. \n'Ins. by s. 13 of Central Act 4 of 1959. (w.e.f. 20-7-1954). \n*Subs. by s. 8 of Central Act 38 of 1965. \n'Omitted by s. 9, ibid. \n'Subs. vide s. 10, ibid.",
"is_definition": false,
"sort_order": 460
},
{
"number": "44",
"title": "Section 44. Effect of lease in contravention of section 36",
"chapter": null,
"content": "When a Bhumidhar other than one referred to in,~ffwt of \nsection 36 has let out his holding or any part thereof, the lease in con- \nlessee will, notwithstanding anything contained in any law ~~~~~~ \nor contract or document of lease, become and be deemed 36. \nto be a purchaser and the provisions of section 33 and 42 \nshall mutatis nzutandis apply.",
"footnote": "or in any improvements made therein or to get mpeixa- under sw- \ntion for such improvements shall be extinguished. tion 46. \n'Subs. by s. 7 of Central Act 38 of 1965. \n*$ubs. by s. 7, ibid. \n'Ins. by s. 13 of Central Act 4 of 1959. (w.e.f. 20-7-1954). \n*Subs. by s. 8 of Central Act 38 of 1965. \n'Omitted by s. 9, ibid. \n'Subs. vide s. 10, ibid.",
"is_definition": false,
"sort_order": 470
},
{
"number": "45",
"title": "Section 45. Transfer in contravention of Chapter to be void",
"chapter": null,
"content": "(1) Any transfer made by or on behalf of a Bhu- Transfer \nmidhar or Asami in contravention of the provision of this made in \nChapter shall be void. contraven- tion of \nthis Chap- 3[(2) Nothing in sub-section (1) shall apply to any ter to \ntransfer which has been exempted by the Chief Conlmis- be void. \nsioner '[under the proviso to sub-section (1) of section 33.11",
"footnote": "or in any improvements made therein or to get mpeixa- under sw- \ntion for such improvements shall be extinguished. tion 46. \n'Subs. by s. 7 of Central Act 38 of 1965. \n*$ubs. by s. 7, ibid. \n'Ins. by s. 13 of Central Act 4 of 1959. (w.e.f. 20-7-1954). \n*Subs. by s. 8 of Central Act 38 of 1965. \n'Omitted by s. 9, ibid. \n'Subs. vide s. 10, ibid.",
"is_definition": false,
"sort_order": 480
},
{
"number": "47",
"title": "Section 47. Consequent rights upon ejectment",
"chapter": null,
"content": "Upon ejectment \"[under section 421, all the rights Consequen- \nand interests of the Bhumidhar or Asami in the holding gt2ent \nT~T De!hi Land Rejorms Act, 1954 \nBepusst by",
"footnote": "or in any improvements made therein or to get mpeixa- under sw- \ntion for such improvements shall be extinguished. tion 46. \n'Subs. by s. 7 of Central Act 38 of 1965. \n*$ubs. by s. 7, ibid. \n'Ins. by s. 13 of Central Act 4 of 1959. (w.e.f. 20-7-1954). \n*Subs. by s. 8 of Central Act 38 of 1965. \n'Omitted by s. 9, ibid. \n'Subs. vide s. 10, ibid.",
"is_definition": false,
"sort_order": 490
},
{
"number": "48",
"title": "Section 48. Bequest by Bhumidhar",
"chapter": null,
"content": "(I) A Bhumid'ir may by will bzqueath his hold- ' Bhumi- ing or any p3n tneie?i except as provided in sub-section dhar. \n(2)- \n# \n(2) No Eh~unidlhar entitled to ariy hc:cFicg or part in \nright 3f a widow, mother, stcp-molher, father'< father. \ner's m~ther, uamarried daughter, or u~married sister. \n, may beqzeath by will s~ch holding or part. \n(3) Every will made under provisions of subsection \n(13 shall, notwithstanding anything conlaiiled in any law, t \ncustom or usage, be in writing and attzstd by two persons. \nBesuest by",
"footnote": "",
"is_definition": false,
"sort_order": 500
},
{
"number": "49",
"title": "Section 49. Bequest by Asami",
"chapter": null,
"content": "NO Asami shall have the right to beqwzalh by will an his holding or part thereof. \nGeneral",
"footnote": "",
"is_definition": false,
"sort_order": 510
},
{
"number": "50",
"title": "Section 50. General order of succession of male Bhumidhar or Asami",
"chapter": null,
"content": "Subject to the provisions of section 48 md 52. order qf when a Bhurnidhar or Asami beicg a male dies, his interest in his holding shall devolve in accordance ~4th the order from males. of succession given below : \n(a) male lineal descendants in the male line of descent : \nFrovided that no member of this dass shsll in- \nherit if any male descendant between him and the \ndweaszd is alive: \nProvided further that the son or sons of a prede- \nceased on how lowsoever shall inherit t!:e share which \nwould have devolved upen the decea5-d if he had \nbeen then alive ; \n(b) widow; \n(c) father; \n(d) mother, being a -widow; \n(e) step mother, king a widow; \n(f) father's father; \n(g)~ faiher's mother, being a widow: - \n(h) widow d a rnaie lineal descendant in the male \nline of descent: \n(i) unmarried daughter; \n6) brother, being the son of the same father as \nthe deceased; \n(k) unmarried sister; \n(1) brother's son, the brother having been a son of \nthe same father as the deceased; \n(m) father's father's son; \n(n) brother's son's son; \n(0) father's father's son's son; \n(p) daughter's son. \nTh Delhi Lmtd Reform Act, 1954 \n(Chapter 111-E. DevoIut;on (Bhumidhar and Asami))",
"footnote": "",
"is_definition": false,
"sort_order": 520
},
{
"number": "51",
"title": "Section 51. Succession in the case of a female",
"chapter": null,
"content": "(1) When a Bhuxmidirar cr Asark. who has after SuccePsion \nthe commencement of this Act inhzrited aiz interest in any in the case \nholding as a widow, mother, step-moth~_r~ father's mother, a WO- \nman holding unmarried daughter or mmxrried sister, '[dies or marr;es ., \nor the Asaai abandons or surrenders ~il:!: hhddiilg, itj mherited \nshall devolve upon the near:st suwiving heir (su~i; hcir as widaw, \nbeing ascertained in accordant:: with the provisions of sez- rtnfier7 cnughter, tim 50) of the last male BIzrir;lidhar or Asami, &her than et,. \none who inherited as a father's faikr. \n(2) When a Bhumidhar who has befare the commence- \n!'merit of this Act inherited an interest in any holding as a \nwidow, mother, stepmother, father's moth\", daughter, sister \nor step-sister- \n(a) dies and such Bhumidhar was on the date a \nproprietor d the land comprised in the holding and- \n(it she was in accordance with the persons1 law \napplicable to her entitled to a life estate only in the \nholding, the holding shall devolve upon the nearest \nsurviving heir (such heir being ascertaimd in ac- \ncordance with the provisions of ss.=tion 50) of the \nlast male proprietor or tenailt aforzsaid; and if \n(5) she was in accordance with the personal \nlaw applicable to her ent'tied to the holding abso- \nlutely the holding sball devolve in accordance with \nthe table mentioned in section 53; \n(b) '[dies or marries] and such Bhrnidhar on the \ndate imme'iately befare the said dats held the holding \notherwise t5an as a proprietor, the holding shall de- \nvdve upon the nearest suvivisp heir (such heir bzi:?g \nascertained in accordance wit5 the provisions of sec- \ntioa 50) of the last male tenant other than one who \ninherited as a father's father. \n(3) The provisions of sub-section (I) shzll rnritaiis \n.murandis appI:y to an Asami who inherited the holding \nbefore the commencement of :his Act. \n(4) Nothing in sub-section (1) shall apply tc a persm. \nsucceeding to an interest in any hslding under the provi- \nsions of section 53.",
"footnote": "",
"is_definition": false,
"sort_order": 530
},
{
"number": "52",
"title": "Section 52. Succession to a female inheriting as a widow, etc.",
"chapter": null,
"content": "When a Bhuaidhar or Asami who has. whether Succession \nbefofe or after the commencement of this Act, inhe~ited an in the \ninterest in a holding as a father's father, 3[3c2s m the Arami zgizi fn- \nabandons or surrenders such holding, it] shall devolve up- her,t& a, \non the nearest surviving heir (such heir being ascertained father's \nfather. \ni 'Subs. by s. 10 of Delhi Act 16 of 1956, for the words \"dies, marries, abandons or \namenders such holding or part thereof, the holding or the part\". \n'Subs. by s. 10 of Delhi Act 16 of 1956, for the words \"dies, marries, abandons or \nsurrmdea?, such holdings\". \n'Subs. by s. 11 of Delhi Act 16 of 1956, for the words \"dies, abandons or surrenders \nI \nmch holding or part thereof, such holding or part\". \n86 The DeEhi Land Refmm Act, 1954 \n(Chapter 111-E. Devolution (Bhumidhar and Asmi)iF, \nPartition (Bhumidhar)) \n' in accordance with the provisions of section 50) of the last \nmale Bhumidhar or Asami from whom such father's father \ninherited the interest in the holding. \nSuccession",
"footnote": "",
"is_definition": false,
"sort_order": 540
},
{
"number": "53",
"title": "Section 53. Partition of holding of Bhumidhar",
"chapter": null,
"content": "When a Bhumidhar or Asami. other than one men- \nfo a wO- tioned in section 50 or 51, who is a woman dies, her inrerest man hold- ing an inte- i the holding shall devolve ii~ cccordance with the order of \nrest other- s lccession given MOW : \nwse. \n2 \n(a) male lineal descendants in the male line of des- \ncent : \nProvided that no member of this class shall inherit \nif any male descendant between him and the deceased is \nalive : \nProvided further that the son or sons of a prede- \nceased son how lowsoever shall inherit the shares \nwhich would have developed up011 the deceased if he \nhad been then alive; \n(b) husband; \n(c) widow of a male lineal descendant in the male \nline of descent; \n(d) daughter; \n(e) daughter's son; \n(0 husband's brother; \n(g) husband's brother's son. \nPassing of",
"footnote": "",
"is_definition": false,
"sort_order": 550
},
{
"number": "54",
"title": "Section 54. Division of holding on partition",
"chapter": null,
"content": "In the case of a co-widow olr a co-tenure or ca- \ninterest by sub-tenure holder, who dies leaving no heir entitled to \nsucceed under the provisions d this Act the interest in such ship. hqlding shall pass by survivorship. \nI) \nI F. Partition (Bhumidhar) I \nHolding",
"footnote": "",
"is_definition": false,
"sort_order": 560
},
{
"number": "55",
"title": "Section 55. Partition of holding",
"chapter": null,
"content": "(1) A Bhumidhar may sue for partition of his \nof a Bhu- holding. midhar \npartible. (2) To every such suit the Gaon Sabha concerned shall \nbe made a party. \n\\ \nOne suit",
"footnote": "",
"is_definition": false,
"sort_order": 570
},
{
"number": "56",
"title": "Section 56. Assessment of land revenue on partition",
"chapter": null,
"content": "One suit may be instituted for the partitioil of more \nfor parti- than one holding provided that all the parties to the suit are tion jointly interested in each of the holdings. several hol- \ndings. \nMode of \npartition of",
"footnote": "",
"is_definition": false,
"sort_order": 580
},
{
"number": "57",
"title": "Section 57. Valuation of land on partition",
"chapter": null,
"content": "(1) Except as provided in sub-section (3), whenever \na holding. in a suit for partition, the Court finds- \n(a) that the aggregate area of the holding or hold- \nings to be partitimed does not exceed eight standard \nacres, or \n(b) that the partition will result in a holding of \nless than eight standard acres. \ndonment, Extinction and Acquisition (Bhumidihars and \nAsamis)) \nthe Court shall in the cases falling under clause (a) instead \nof proceeding to divide the holding CT holdings direct the \nsale of the same and a distribution of the proceeds thereof. \nand in cases falling under clause (b), either proceed to dlvide \nthe holding in accordance with such principles as oiay be \nprescribed or in the alternative dismiss the suit. \n(2) The rules fraaed under sub-section (1) shall pres- \ncribe the circmstanccs in which compensation may be \nawarded to a co-tenure holder in lieu of his share d holding \nand for the admission by the Gaon Sabha of such co-tenure \nholder to land under provisions of section 73. \n(3) In the case of a co-tenure holder to whom the pro- \nvisions of section 36 apply and such tenure-holder has let \nout his sham or part thereof in the holding, the Court shall \ndivide the holding by separating the share aforesaid, but in \nrespcct of the remainder of the holding the Court will pro- \nceed in accordance with the provisions of this section. if \napplicable,",
"footnote": "",
"is_definition": false,
"sort_order": 590
},
{
"number": "58",
"title": "Section 58. Valuation of land if partition is resisted",
"chapter": null,
"content": "Where a Court has under section 57, ordered a sale Valuation \nof the holding or holdings, it shall order a valuation of the of the \nsame to be made in such manner as may be prescribed and to \nbe sold. shall cBes to sell the same a1 the price so ascertained to the \nco-tenure holders in such mder d preference as may k pres- \ncribed.",
"footnote": "",
"is_definition": false,
"sort_order": 600
},
{
"number": "59",
"title": "Section 59. Preferential right of purchase on partition",
"chapter": null,
"content": "If two or more co-tenure holders having an equal ?referential \npreferential right severally ask for leave to buy, the Co~urt :t:ihz'e. \nshall order the sale of th:: same to such one of them as offers \nto pay the highest price above the price ascertained under \nsection 58.",
"footnote": "",
"is_definition": false,
"sort_order": 610
},
{
"number": "60",
"title": "Section 60. Sale of holding in default of purchase",
"chapter": null,
"content": "If no share-holder offers to buy'at or above the Sale in \nprice ascertained under section 58, the Court shall order the $%:s;f \nsale of the same to the share-holder who offers to pay the under Set- \nhighest pice. tion 59. \n(",
"footnote": "",
"is_definition": false,
"sort_order": 620
},
{
"number": "61",
"title": "Section 61. Procedure in suit for partition",
"chapter": null,
"content": "Save as hereinbefore provided, when any holding is Procedure \nordered to be sold in pursusence: of any order made under In sale. \nsection 57, the Court shall follow such procedure as may \nbe prescribed. \nG. Suvrenda, Abcrndorunent, Extinction and Acquisition \n(Bhumi~s md Asmi$)",
"footnote": "",
"is_definition": false,
"sort_order": 630
},
{
"number": "62",
"title": "Section 62. Surrender of holding by Asami",
"chapter": null,
"content": "An Asami may surrender the whole d his holding Surrender \nbut not any part thereof by giving a notice in writing to the of holding \nGaon Sabha or the land-holder, as the case may be, intimat- by Asami. \ning his intention to do so and by giving up possession there- \nof. \nr,",
"footnote": "",
"is_definition": false,
"sort_order": 640
},
{
"number": "63",
"title": "Section 63. Notice of surrender by Asami",
"chapter": null,
"content": "Notwithstanding the surrender, unless the Asami r$zd$ \napplies or gives notice in writing before the first day of \nApd, he shall be liable ta pay the rent for the holding for \nthe %agricultural year next following the date of surrender. \n88 ' The Ddhi Land Reforms Act, 1954 \n(Chapter tlll-4. Surrender, Abaadorrment, Extimtiort and \n- Acquisition (Bhumidhars and Asamis)) \nAbandon-",
"footnote": "or unless s~nctio~ under that section has been obtaiced in \nrespect thzreof, by notice require- \n(i) the Bhrrnidhar to appear and show caasr, why \nthe lsnd rnay not be let out for any such purpse as \naforesaid to any person; \n(ii) the Asami to appear and show cause shy his \ninterest rnay not be extinguished and the land res~ored \n- . 'Ins. by s. 11 of Central Act 35 of 1965.",
"is_definition": false,
"sort_order": 650
},
{
"number": "64",
"title": "Section 64. Abandonment of holding by Asami",
"chapter": null,
"content": "(1) W'nere an Asarni has not used his holding for ment. a purpose connected with agriculture, horticulture, or a-?imal \nhusbandry, which includes pisciculture and poultry farming, \nfor two consecutive agrimltural years, the Gam Sabha or \n' \nthe land-bolder may apply to the Tahsildar f~r a norice to \nsuch to show cause why the holding be not treated \nas abandoaed. \n(2) The application shall contain such particulars as may \nbe prescribed. \n(3) If the Tahsildar finds that the application has been \nduly made he shall cause to be served on the Asami qr pub- \nlish in thc manner prescribed a notice in the form to be \nprescribed requiring him to appear and show cause on a \ndate to be fixed why the holding be not held as abandon- \ned. \n(4) If :he Asami does not appear in answer to the notice \nor appears but does not contest it, the Tahsildar shzll de- \nclare ';he holding as abandoned and ;hereupon. exczpe as \nprovided in sections 51 and 52, the holding shall bc deem- \ned to be vacant land. \nAdmission",
"footnote": "or unless s~nctio~ under that section has been obtaiced in \nrespect thzreof, by notice require- \n(i) the Bhrrnidhar to appear and show caasr, why \nthe lsnd rnay not be let out for any such purpse as \naforesaid to any person; \n(ii) the Asami to appear and show cause shy his \ninterest rnay not be extinguished and the land res~ored \n- . 'Ins. by s. 11 of Central Act 35 of 1965.",
"is_definition": false,
"sort_order": 660
},
{
"number": "65",
"title": "Section 65. Admission of Asami to holding of disabled Bhumidhar",
"chapter": null,
"content": "Rrllere a Bhumidhar, being minor, lunatic or idiot. Asami has not used his holding for a purpose coonected wilh agri- to the holding of culture, horticulhe or a~nnal. husbandry wGch Ixludes \na disabled pj>iscicu!t7~e and poufiry famli~~g, two cons~utiv~ agri- \nBhurnidhar. cultural years, the Gaon Sabia may, notwithsl~~d~ip acy- \nthL~g cantained in any law, aM:r notice to the Bkum;dbar \nand his guardian ai~d after such enquiry as nay be p-escri- \nbed, after the expry of the two years afcrssa~d, adzd on \nbehag of the EE?runidhar, any pzrson as Asnmi to the land \n' \ncomprisediin tke hddicg in tke manner and upn tb~ t~i~lS \nas :;lay be pr3sc:ibed a;id all the prov;sIons ~l- tiis itatzt tip- \npIica5ie tc an Asa~ shall apply to hirn ns If he kai been \nadxit:ed to the land by the Bhumi-Shar personally. \nConsequen- '",
"footnote": "or unless s~nctio~ under that section has been obtaiced in \nrespect thzreof, by notice require- \n(i) the Bhrrnidhar to appear and show caasr, why \nthe lsnd rnay not be let out for any such purpse as \naforesaid to any person; \n(ii) the Asami to appear and show cause shy his \ninterest rnay not be extinguished and the land res~ored \n- . 'Ins. by s. 11 of Central Act 35 of 1965.",
"is_definition": false,
"sort_order": 670
},
{
"number": "65A",
"title": "Section 65A. Consequences where Bhumidhar leaves land uncultivated",
"chapter": null,
"content": "(!)I Y/f,ere on the bssis cf aqy jifomatioa re- ces where shumidhar ceived by Em. (EX otherwise the Deputy- 1C:ornmissjo~:r has reason ip SeZeve that any land i3cIudcd in the hol3irrg of \nleaves land a Bhumibbar or Asami ha:, not been used for two cclsecu- \n~~ltivated- tive egricu~tuxsl years irmediately ?receding for a pacpase \nc~~ecteil; with ag5cultu1-e, hvi*Lic~1:ture .~r anirnal hsban- \ndry which inclildes ~iscicnltuse or poultry farming, Cc may, \nunless the laud lies withia the belt re'%ned to in seztion 23 \nqf 'hapter Ill-6. Surrender, Abandonmefit, Extinction and \nAcqLcisitbn (Bhumidizms md Asurnis)) \n(2) The notice under sub-section (1) shall state the \ngrounds for believing that the land has not been used \nior any purpose reierred to in that subscction'and such \nother particulars as may be prescribed. \n(3) If the Bhumidhar or the Asami appears and \nsatisfies the Deputy Commissioner- \n(a) that the land was used for a purpose connected \nwith agriculture, horticulture or animal husbandry which \nincludes pisciculture and poultry farning during the \nperiod mentioned in sub-section (1); \n(b) that he had sdlicient cause for not using it as \naforesaid; or \n(c) that he shall within one year next following the \ndate of service of the notice under sub-section (I), ase \nthe land for any such puspme as aforesaid ucless in \nthe meantime the land is included w;:hin any belt refer- \nred to in seciion 23 or the use of the land for industrial \npurposes is sanctioned under that ssction, \nthe Deputy Commissioner shall, in a case falling udcr \nclause (a) or clause (b), discharge the notice fmthwith sad \nin a case falling under clmse (c), postpme furiksr pzocerrl- \nhgs to a date s;le year aker the bat= of service of tt~e said \n(3) On the date fixed under sub-ation (SF or any o:ser \ndate tc which t3e proceedicgs may 'se adjcu~rned, tbe Di:pmy \nCamissjmer if he is satis5ed that tile lad has Seen used \nfm any such purpose as afmesaid duds2 r4e said periei! of \nme year or that the land has beca bciv2cd mithin the S:;ft \nrefened to in s3.ion 23 or that sanctic?? zs aforecard >.I:< \nbeen obtaiacd in respect \"hereof, dischb.ye the notice 01 11 \nhe is not so satissed, dess for reslsacs i? be recorded in \nwriting he allows further time, he shall- \n(;) If the land is that of the Bhuaidhar, kase it on \nbehalf of the Bhunidhat to any paem for a pericd 3E \nfive years in such r;;amer and on srch terns md ~03- \nditions as may be prescribed; \n(5) if the land is that of the Asa~i of the Bhurni- \ndhar, terxinate the lease and restore the laod to the \nBhumidhar subject to the condition that the Bhunaidhan. \nshall undtirake to cultivate the land within six mourhs \nfrom the aate it is restored to him; aad if the Bhuzi- \ndhar does not give scch undertaking or fails, after giv- \ning such undertaking to cultivate the land within the \nsaid period, the Deputy Commissioner may lease the \nland on behalf d the Bhumidhar, to any person for a \nperiod of five years in such manner and on such terns \nand conditions as may be przscribed; and \n(Chopter IZI-G. Surrender, Abandonment, Extinction mid \nAcquisition (Bhumidhurs ad Asamis)) \nI, 90 The Delhi Lad Reform Act, 1954. \n(iii) if the land is that of the Asami of a ~&n \nSabha, terminate, the lease an6 restore the land to the \nGaon Sabha: \nf \nProvided that the restoration of the land of the Asami \nunder this sub-section shall be without prejudice to any \nright of the Bhumidhar or Gaon Sabha, as the case may -be, \nto recover any rent due from the Asami. \n(5) If the Bhumidhar or Asami appears in response to: \n, the notice under sub-section (1) but does not undertake to; \nuse the land as provided in clause (c) of sub-section (3), or' \nif the Bhumidhar or Asami does not appear in response to! \nsuch notice and the Deputy Commissioner, after such in-: \nquiry as he may consider necessary, is satisfied that the;; \nBhumidhar or Asarmi has failed to use the land as afore-2 \nsaid during the period referred to in sub-section (I), he shall,f/ \nunless for reasons to be recorded in writing he decides to; \ndischarge the notice. take action under clause (i) or clause* \n(ii) or, as the case may be, clause (iii) of sub-section (4). \n(6) Oa the expiry cf the period of any lease of land \nunder sub-section (4) or sub-section (5), if the Deputy Com- \nmissicmer, after making such inquiry as hs thinks fit, is \nsatisfied- \n(a) that the land has been properly dtivded, he \nmay declare the lessee to be Bhurnidkar in respect of \nsuch land subject to the payment by hl.m to the dqinal \nBhumidhar d compensation equal to twenty times the \nland revenue then payable for $uch lmd either in me \nlump sum or in such instalments together with interest \nas may be prescribed and upon such declaration the \ninterest d the original Bhumidhar shall be extinguish- \ned; \n(b) that the lagd has not been poperly cultivated \nby the lessee, the Deputy Cmmissioner shall terminate \nthe lease and may lease the land 03 behalf of the Bha- \nmidhar, to another prsm for a perid of five years in \nsuch manner and on such terns and conditims as may \nbe prescribed and on the expiry of the _period of su'zh \nlease, the provisions of this sub-section shall apply: \nProvided that no lease shall be terminated unless the \nlessee has been given a reasonable oppkmity of being \nheard. \n(7) Ndhing contained in this section shall apply to a \nBhumidhar to whom the provisions of section 65 apply.] \nEntry upon \n'",
"footnote": "or unless s~nctio~ under that section has been obtaiced in \nrespect thzreof, by notice require- \n(i) the Bhrrnidhar to appear and show caasr, why \nthe lsnd rnay not be let out for any such purpse as \naforesaid to any person; \n(ii) the Asami to appear and show cause shy his \ninterest rnay not be extinguished and the land res~ored \n- . 'Ins. by s. 11 of Central Act 35 of 1965.",
"is_definition": false,
"sort_order": 680
},
{
"number": "66",
"title": "Section 66. Entry upon abandoned holding",
"chapter": null,
"content": "A Gaon Sabha or a landholder who enters upon a \nm aban- holding in contravention of the provisicms of section 64 shall' \ndoned be deemed to have ejected the Asamil otherwise than in \naccordance with the provisions of this Act. \nAcquisition (Bhumidhs and Asamis))",
"footnote": "--a- \n'me word \"or\" rep. by s. 12 of Deihi Act 16 of 1956. \n'Ins. by s. 12 of Central Act 38 of 1965. \n%s. by s. 12 of Delhi Act 16 of 1956. \n'Ins. hy s. 13 of Central Act 38 of 1965. \n&The word \"m part thereof\" rep. by s. 13 of Delhl Act 16 of 1956. \n7-i Deihi Adm.170",
"is_definition": false,
"sort_order": 690
},
{
"number": "67",
"title": "Section 67. Extinction of interest of Bhumidhar",
"chapter": null,
"content": "The interest of a Bhumidhar in his holding or any ~;t~~~ti~ \npart thereof shall be extinguished- interest of \na Bhurni- (a) when he dies intestate leaving no heir entitid dhar. \nto inherit in accordance with the provisions of this Act, \n(b) when the land comprised in the holding has \nbeen acquired under any law for the time being in fcrce \nrelating to the acquisition of land, '[****I \n'[(bb) when a declaration in resp-ct of such holding \nor part is made under clause (a) G£ sub-section (6) of \nsection 65A.l \n\"(c) when he has been ejected in accordance wiih \nthe provisions of this Act, or] \n(d) when he has been deprived of possession acd \nhis right to recover possession is barred by limitation. \n'[(dd) where his lease is terminated under clause \ntii) or clause $5) of sub-section (4). or clause (b) of sub- \nre; tion (6). of section 65A.l",
"footnote": "--a- \n'me word \"or\" rep. by s. 12 of Deihi Act 16 of 1956. \n'Ins. by s. 12 of Central Act 38 of 1965. \n%s. by s. 12 of Delhi Act 16 of 1956. \n'Ins. hy s. 13 of Central Act 38 of 1965. \n&The word \"m part thereof\" rep. by s. 13 of Delhl Act 16 of 1956. \n7-i Deihi Adm.170",
"is_definition": false,
"sort_order": 700
},
{
"number": "68",
"title": "Section 68. Extinction of interest of Asami",
"chapter": null,
"content": "Subject to the provisions of sections 51 and 52, the \"extinction \ninterest of an Asami in a holding or any part thereof shall be of the \neriinguished- ~nterest of \nan Asami \n(a) when he dies leaving no heir entitled to iaherit \nin accordance with the provisions of this Act, \n(b) when the holding has been declared as abacdon- \ned in accordance with the provisions of sa...tiou 64, \nIc) when he surrenders his holding '[****I, \n(d) when the land comprised in the hdding has \nbeen acquired under any law for the time being in force \nrelating to the acquisition of land, \n(e) when he has been ejected in accordance with \nthe provisions of this Act, or \nI \n(f) when he has been deprived of possession and \nhis right to recover possession is barred by limitation.",
"footnote": "--a- \n'me word \"or\" rep. by s. 12 of Deihi Act 16 of 1956. \n'Ins. by s. 12 of Central Act 38 of 1965. \n%s. by s. 12 of Delhi Act 16 of 1956. \n'Ins. hy s. 13 of Central Act 38 of 1965. \n&The word \"m part thereof\" rep. by s. 13 of Delhl Act 16 of 1956. \n7-i Deihi Adm.170",
"is_definition": false,
"sort_order": 710
},
{
"number": "69",
"title": "Section 69. Merger of interest of Bhumidhar and Asami",
"chapter": null,
"content": "(1) The extinction of the right. title and interest of ti^ \nn Bhumidhar shall operate to extinguish the interest of any terest of \nAsami holding under him. an Asami \non extinc- (2) Notwithstanding the provisions of section 75, whe- tion of \nnever the interest of an Asami is extinguished under sub- fhe intenst \nsection (I), the Gaon Sabha shill admit the Asami as an ge Bbumi. \n.Asami to some other vacant land of such valuation compu- dhar. \nAcquisition (Bhumidhars and Asamis)) \nted at prevailing village rate of rent applicable to the land \nas shall be equal to the valuation of the land on which his \nright has determined. \nMerger.",
"footnote": "--a- \n'me word \"or\" rep. by s. 12 of Deihi Act 16 of 1956. \n'Ins. by s. 12 of Central Act 38 of 1965. \n%s. by s. 12 of Delhi Act 16 of 1956. \n'Ins. hy s. 13 of Central Act 38 of 1965. \n&The word \"m part thereof\" rep. by s. 13 of Delhl Act 16 of 1956. \n7-i Deihi Adm.170",
"is_definition": false,
"sort_order": 720
},
{
"number": "70",
"title": "Section 70. Rights of Asami on extinction of interest",
"chapter": null,
"content": "The interest of an Asami in his holding shall deter-. \nmine when his interest and the interest of the Bhumidhar in \nthe'wfiole of the holding become vested in one person in \nthe &me right. \nRights and",
"footnote": "",
"is_definition": false,
"sort_order": 730
},
{
"number": "71",
"title": "Section 71. Ejectment of Asami on extinction of interest",
"chapter": null,
"content": "When the interest of a Bhumidhar or Asami is ex- \ntinguished .he shall vacate his holding and he shall, excepf of Bhumi- \ndhar or In cases where his interest has extinguished under or in ac- \nAsami on cordance with the provisions of any law for the time being \nextinction in force relating to the acquisition of land, have in respect of his \ninterest. of removal of his standing crops and any construction ex- \nisting on the holding the same right as he would have upon \nejectment under the provisions of this Act. \nGaOn Sabha",
"footnote": "",
"is_definition": false,
"sort_order": 740
},
{
"number": "72",
"title": "Section 72. Land to vest in Gaon Sabha",
"chapter": null,
"content": "The Gacm Sabha shall be entitled to take possession to take ova \nland after of land comprised in holding or part thereof if- \n' \nextinction \nof interest (a) the land was held by a Bhumidhar and his in- \ntherein. terest in such land is extinguished under '[clause (a) or \nclause (c) of] section 67, or \n(b) the land, being land falling in any of the clauses \nmentioned in sub-clause (iii) of clause (a) of section 6, \nwas held by an Asami and the Asarni has been ejected \nor his interest therein-have otherwise extinguished under \nthe provisions of this Act. \nAdmission",
"footnote": "",
"is_definition": false,
"sort_order": 750
},
{
"number": "73",
"title": "Section 73. Re-entry on land from which Asami is ejected",
"chapter": null,
"content": "The Gaon Sabha shall have the right to admit any land- person as Bhumidhar to any land, other than land falling \nin any of the classes mentioned in sub-dause (iii) ot clause \n(a) ~f sction 6, where- \n(a) the land is vacant land, \n(b) the land is vested in the Gaon Sabha under \nsection 154, \n(c) the land has come into the possession of Gaon \nSabha under section 72 or under any other provisign \n'of this Act, \n(d) the land is let in accordance with sub-section \n$4) d section 74. \nAdmission",
"footnote": "",
"is_definition": false,
"sort_order": 760
},
{
"number": "74",
"title": "Section 74. Admission of Asami to land vesting in Gaon Sabha",
"chapter": null,
"content": "(1) The Gacm Sabha shall have the right to admit \nto any person as Asami to any land falling in any of the classes \nmntloned mentioned in sub-clause (iii) of clause (a) of section 6 where-- in sub- \nclause (iii) ((a) the land is vacant land, \nof clause \n(a) of sec- (b) the land is vested in the Gaon Sabha, or \ntion 6 or \nto waste (c) the land has wme lnto the possession of the \nland for Gam Sabha under section 72 or under any other pro- reclama- \ntion. vidon of this Act. \n,Subp. by s. 14 of Delhi Act 16 of 1956, for the word \"clause (a) of'. \n..(Chpter Ill-G. Surrender, Abondonmenr, Extinction and \n> Acquisition (Bhumidhms and Asamis)) \n(2) In order to encourage the reclamation of waste \nland, the Gam Sabha shall also have the right to adnlit any \nperson as Asami on a five years lease to any land which \nforms part of the cultivable or uncultivable waste area of the \nvillage not included in holdings, which are vested in the \n, Gam Sabha under section 7, but which do not fall in any \n.of the classes mentioned in sub-clause (iii) of clause (a) of \nsection 6. \n(3) The Asami shall have the right to hold the land for \nthe period d five years at a rate of rent, which shall not \nbe more than 50 pzr cent. of the prevailing rate of rent of \nfhe village, payable for the land. \n(4) At the end of five years, the Gaon Sabha shall re- \nport to the Revenue Assistant the extent to which' reclama- \ntion has been made. The Revenue Assistant shall, after \nnecessary enquiry and after hearing the Asami, either order \n. the termination of the lease and his ejectment if there has \nbeen no reclamation or extend his lease for another period \nof two years. If, however, the land has been duly reclaim- \ned during the period of five years or the extended priod, \nthe Revenue Assistant shall direct the Gaon Sabha to admit \nthe Asami as Bhumidhar under section 73. The Asan~i on \nhis admission as Bhumidhar shall be liable to pay swli land \nrevenue as shall be equal to 50 per cent. of the rent calcu- \nlated at the prevailing village rate d rent together with \ncesses and local rates, but ha shall not be liable to pay any \ncompensatim.",
"footnote": "",
"is_definition": false,
"sort_order": 770
},
{
"number": "75",
"title": "Section 75. Order of preference in admitting persons to land",
"chapter": null,
"content": "(1) In admitting any person as Bhumidhar or Asami Order of \nunder section 73 or 74, Gaon Sabha shall, subject to the preference \nrules framed or any order made by Court in a suit for parti- ;tid$- \ntion or in any other suit, observe the following order of to \npreference- land under - sections 73 \n'[(a) persons in the armed forces of the Union and and 74. \nthe dependents of such of those persons as are killed \nin action, special preference being given in the case d \npersons decorated for gallantry.] \n2[(aa)] a coqerative farm established under this \nAct holding land within the jurisdiction d the Gaon \nSabha to enable it to possess a suitable area of agricul- \ntural or culturable land, \n(b) a group of landless labourers or a landless la- \nbourer resid~ng in the village, \n(c) a Bhumidhar residing in the village, who is \nholding land less than eight standard acres in area in the \nState, \n(d) an Asami holding land less than eight st2~3. \nard acres in area in the village, and - --- \n'Ins. by Sec. 14 of Central Act 38 of 1965. \n'Re-lettered by sec. 14, ibid. \n94 The Dehi Land Reforms Act, 1954 \n(Chapter Ill-G. Surrender. Abandmment, Extitrction \nand Acquisition (Bhumidhars and As~rnis)LH. Eje'cttnent \n(Bhumidhar and Asami)) \n(e) any other person : \nProvided that the land allotted to a co-operativc farm \nunder '[clause (aa)] shall, if the registration of such farm is \ncancelled within two years of the allotment, revert upon \nsuch cancellation to the Gaon Sabha, and any person hold- \ning or retaining possession of such land shall be deemed to \npe a person wcupying it without title liable to ejecrment \nunder clause (b) of '[sub-section (1) of section 84;] A I \nProvided further that in the cases to which clnuses \n(b), (c), (d) and (e) apply the area to which the person con- \ncerned is admitted together with the total area of any other \ntenure held by him shall in no case exceed 8 standard acres : \ni \nProvided also that in the case of reclamation of waste \nland under sub-section (2) of section 74, where available, \npreference in the first instzincelshall be given to either the \nco-operative farm or a tenure holder having estab1ishe:i \nprovision for mechanised farming in the Gaon Sabha area, \nand the Gaon Sabha in that case shall be entitled to let \nout in excess of eight standard acres with the previous saw- \ntion in writing of the Chief Commissioner. \n'[(2) The Deputy Commissioner may, on his own \nmotion, and shall on the application of any person aggriev- \ned by an Order of the Gaon Sabha passed under sub-section \n(I), enquire in the prescribed manner and if he is satisfied \nthat the Gaon Sabha has scted with substantial irregularity \nor otherwise than in accordance with the provisions of this \nAct, he may cancel such order. \n(3) Where the Deputy Commissioner cancels an order \nrelating to admission of a person as Bhumidhar or ~Asami, \nfEle right title and interest of such person or any person \nblaiming through him shall cease in the land to which the \norder relates and shall revert to the Gaon Sabha and sny \nperson holding or retaining possession of such land after such \ncancellation shall be deemed to be a trespasser in 'respct \nof such land and shall be liable to ejectment in the manner \nprescribed.] \nH. Ejectment (Bhumidhar and Asami) \nBhumidar",
"footnote": "",
"is_definition": false,
"sort_order": 780
},
{
"number": "76",
"title": "Section 76. Bhumidhar not liable to ejectment",
"chapter": null,
"content": "Subject to the provisions of section 33, 42, \"81, E5, not liable 86. 86A and 871, no Bhumidhar shall be liable to ejectment. to eiect- \nmeni.",
"footnote": "",
"is_definition": false,
"sort_order": 790
},
{
"number": "77",
"title": "Section 77. Ejectment of Asami",
"chapter": null,
"content": "4(1) An Asami shall be liable to ejectment from his \nEjectment holding on the suit of the land-holder or Gaon Sabha, as of Asami. \n4a) those menfioned in section \"421, 69, 74 or 81, \nthe case may be, on the following grounds o~ly- \n¶subs. by set. 14, of Central Act 38 of 1965. \n'Subs. by s. 14 of Central Act 38 of 1965. \n=Subs. by s. 15, ibid. \n'Re-nudbered and spbs. by s. 16, ibid. \n(b) that he belonss to any of the classes mention- \ned in sub-clauses (i), (ii) and (iii) of clause (a) or in \n. clause (c) of section 6 and that he holds the land from \nI year to year oh for a period which has expired or will \n, expire before the end of the current agricultural year, \n(c) that he belongs to the class mentioned in clause \n(b) or (d) of section 6 and that- \n(i) the land-holder wishes to bring the land under \njj \nhis personal cultivation and in cases where the lease \nis for a fixed term such term has expired. or \n(ii) the disability was determined, or \n(d) that there is an unsatisfied decree of arrears of \nrent outstanding against him and such decree 'tali be \nexecuted by ejectment. \n'[(2) Notwithstanding anything contained in sub-section \n(1) & Bhumidhar referred to in clause (f) of sub-section (1) \nof section 36 may. on retirement or discharge from the armed \nforces of the Union or 011 being sent on Reserve, within six \nmonths of such retirement or discharge or of his being sent \non Reserve, apply to the Deputy Commissioner for ejectment \nof the Asami of his land, and the Deputy Cornmissioner may, \nafter r~otice to the Asami and subject to such conditions as \nhe may think fit to impose. cause possession of the land to \nbe delivered to such Bhumidhar as soon as possible or, where \nthere are standing crops on such land, within one month of \nthe harvesting of such crops.]",
"footnote": "",
"is_definition": false,
"sort_order": 800
},
{
"number": "78",
"title": "Section 78. Procedure for ejectment of Asami",
"chapter": null,
"content": "(1) Where in execution of any decree (other than E0g,\"pzd \na de~ree under section 84) or order fw delivery of possession trees when \nthe Court is satisfied that any ungathered crops or trees which ejectment \nare the property of the judgment-debtor exist on the land to takes effect. \nbe delivered, the Court executing the decree or order shall, \nnotwithstanding anything in the Code of Civil Procedure, \n,1908, proceed as follows :- \n(a) if the amount due from the judgment-debtor is \nequal to crr greater than the value of such crops or trees, \nthe Court shaU deliver the possession of the land with \nthe crops and the trees to the Gaon Sabha or the land- \nholder. as the case may be, and all rights of the judg- \nment-debtor in or upon such crops or trees shall pass \nto the decree holder. \n(b) if the amount due from the judgment-debtor is \nless than the value of such crops or trees and- \n(i) the Gaon Sabha or the land-holder pays :he dif- \nference between such amount and the value to the judg- \nment-debtor, the Court shall deliver the possession of \nthe holding to the Gaon Sabha or land-holder concern- \ned and all rights. of the judgment-debtor in such crops \nor trees shall pass to decree holder; \n\"Ink by s. 16, of Central Act 38 of 1965. \n96 The Delhi Land Reforms AC;, I954 \n(Chapter Ill-H. Ejectment (Bhumidhar arzd Asami)) \n(ii) the Gaon Sobha or the land-holder does nat pay such difference, the judgment-debtor shall have a \nright of tending, gathering or removing such crops or \ntrees m fruits of such trees until such crops or trees \nhave been gathered and removed or die or are cut down, \nas the case may be, paying such compensation for the \nuse and occupation of land as the Court may fix. \ni (2) The Court executing the decree or the order of eject- \nTent may on the application of any party determine the \nvalue of the crops or trees and the compensation payable \nby the judgment-debtor under the provisions of sclause (b) \nof sub-section (1). \nFailure to \ninstitute a \nsuit for \nejectment \nunder sec- \ntion 77 \nor execute \nthe decree \nobtained \nthereunder. \nConsequ- \nence of \nejectment \nunder sec- \ntion 77.",
"footnote": "",
"is_definition": false,
"sort_order": 810
},
{
"number": "79",
"title": "Section 79. Rights of Asami in crops and trees on ejectment",
"chapter": null,
"content": "If a suit for ejectment d an Asami, to whom any \nof the sub-clauses (i) and (ii) of clause (a) or clause, (b) or \n(d) of section 6 applies, is not instituted or a decree obtain- \ned in such suit is not executed within the period of limitation \nprescribed therefor, the Asami shall. on the expiry of the \nperiod. kCome a Bhumidhar of the land held by him.",
"footnote": "",
"is_definition": false,
"sort_order": 820
},
{
"number": "80",
"title": "Section 80. Assessment of compensation for improvements on ejectment",
"chapter": null,
"content": "Where an Asami has been ejected from his holding \non the ground mentioned in clause (c) (i) of '[sub-section \n(1) of section 771 the land-holder shall not grant a lease there- \nof to any person within 2 years of the date of ejectment. \nEjectment",
"footnote": "",
"is_definition": false,
"sort_order": 830
},
{
"number": "81",
"title": "Section 81. Ejectment for use of land in contravention of Act",
"chapter": null,
"content": "'[(I)] A Bhumidhar or an Asami shall be liable to \nfor use ejectment on the suit of the Gaon Sabha or the landholder, \n- as the case may be, for using land fcr any purpose othsr \ntion of than a purpose connected with agriculture, horticulturz or \nthe provi- animal husbandry, which includes pisciculture and poultry sions farming, and also to pay 3[damages] equivalent to the cast this Act' of works which may be required to render the land capable \nof us for the said purposes. \n'1'2) Notwithstanding anything contained in sub-ssction \n(i), the Revenue Assistant also may, on receiving informa- \ntion or on his own motion. eject the Bhumidhar or Asdmi, \nas the case may be, and also recover the damages referred \nto in sub-section (I), after following such procedure as may \nbe prescribed]. \nDecree for",
"footnote": "",
"is_definition": false,
"sort_order": 840
},
{
"number": "82",
"title": "Section 82. Ejectment of Asami for breach of conditions of lease",
"chapter": null,
"content": "(1) A decree for ejectment under Section 81 nlay \nejectment direct the ejectment of the Bhumidhar or Asami from the \nunder set- whole or part of the holding as the Court, having regard to \nthe circumstances d the case, may direct. \n(2) The decree shall further direct that, if the Bhumi- \ndhar or Asami repairs the damage within three months next \nafter the date of the decree, the same shall not be executed \nexcept in respect of costs. .---- \nl~ubs. by s. 17 of Central Act 38 of 1965. \n'Renumbered by s. 18 of Central Act 38 of 1965. \n'Subs., ibid. \n'm.. ibid. \nA.",
"footnote": "",
"is_definition": false,
"sort_order": 850
},
{
"number": "83",
"title": "Section 83. Suit for compensation or repair of waste",
"chapter": null,
"content": "Notwith,standing anything in section 81, the Gaon Suit for \nSabha or the land-holder may, in lieu of suing for eject- iEFpensa- \nment, sue and repair \nof the (a) for injunction with or without compensation, waste or \nOr damage. \n(b) for the repair of the waste or damage caused \nto the holding \na",
"footnote": "ending on the 30th June, 1954, the land referred to in clailse \n(iii) was not included in the holding of the person taking \nor retaining possession or his predecessor-in-interest, or was \n'Renumbered and ins. by s. 19 of Central Act, 38 of 1965. \n'Subs. by s. 20, ibid. \n'Ins. by s. 20, ihid.",
"is_definition": false,
"sort_order": 860
},
{
"number": "84",
"title": "Section 84. Ejectment of persons occupying land without title",
"chapter": null,
"content": "'[(l'}] A person taking or retalning possession of Ejectment \nland otherwise than in accordance with the provisions of ::nri;cu- the law for the time being in force, and- pying land \nwithout (a) where the land forms part of the holding of a \nBhumidhar or Asami without the consent of such Bhu- \nmidhar or Asami, or \n(b) where the land does not form part of the hold- \ning of a Bhumidhar or Asami without the,consent of \nthe Gaon Sabha, \nshall be liable to ejectment on the suit of the Bhumidhar, \nAsami or Gaon Sabha, as the case may be, and shall also be \nliable to pay damages. \n'[(2) Where any person against whom a decree for eject- 45 of 1860 \nment from any land has been executed in pursuance of a \nsuit under sub-section (1) re-enters o~r attempts to re-efiter \nupon such land otherwise than under authority of law, he \nshall be presumed to have done so with intent to intimidate \nor annoy the person in possession or the Gaon Sabha, as \nthe case may be, within the meaning of section 441 of the \nIndian Penal Code.]",
"footnote": "ending on the 30th June, 1954, the land referred to in clailse \n(iii) was not included in the holding of the person taking \nor retaining possession or his predecessor-in-interest, or was \n'Renumbered and ins. by s. 19 of Central Act, 38 of 1965. \n'Subs. by s. 20, ibid. \n'Ins. by s. 20, ihid.",
"is_definition": false,
"sort_order": 870
},
{
"number": "85",
"title": "Section 85. Failure to bring suit under section 84",
"chapter": null,
"content": "If a suit is not brought under section 84 or a decree Failure to \nobtained in any such suit is not executed within the period file suit \nof limitation provided for the filing of the suit or the exe- ~~~8~~; \ncution of the decree, the person taking or retaining posses- to execute \nsion shall- decree ob- \ntained (i) where the land forms part of the holding of a thereunder. \nBhumidhar, become a Bhurnidhar thereof; \n(ii) where the land forms part of the holding of \nan Asami on behalf of the Gaon Sabha, become an \nAsami thereof; \n(iii) in any case to which the provisions of clause \n(b) of '[sub-section (1) of section 841 apply.' become a \nBhumidhar or Asami as if he had been admitted to the \npossession of the land by the Gaon Sabha. \n3[Provided that if in the revenue records of the fasli year \n98 The Delhi Ld Reforms Act, 1954 \n(Chapter 111-H. Ejectment (Bhurnidhar and Asarnib \nI. Rent (Asami)) \nnot recorded as being in the cultivation of such pxson or \nhis predecessor-in-interest, then, notwithstanding the expiry \nof. the aforesaid period of limitation for such suit or decree, \nzbe suit may be filed or the decree obtained in such suit \ninay be executed within a period of three years fron tbe \ndate of passing of the Delhi Land Reforms (Amendment) \nAct, 1965: \nProvided further that the benefit of the extension ~f the \npzriod of limitation under the preceding proviso shall got \nbe availed of in any case where a person who has become \na Phumidhar in respect of any land under clause (iii) has \ntraqsferred such land to another person for valuable consi- \nderation before the 10th May, 19651 \nEjectment of",
"footnote": "ending on the 30th June, 1954, the land referred to in clailse \n(iii) was not included in the holding of the person taking \nor retaining possession or his predecessor-in-interest, or was \n'Renumbered and ins. by s. 19 of Central Act, 38 of 1965. \n'Subs. by s. 20, ibid. \n'Ins. by s. 20, ihid.",
"is_definition": false,
"sort_order": 880
},
{
"number": "86",
"title": "Section 86. Ejectment of Bhumidhar to whom section 85 applies",
"chapter": null,
"content": "(1) Any person, who becomes a Bhumidhar uader \nBhumidhar the provisions of clause (i) of section 85, may, notwithstand- to whom set- ing anything hereinbefme contained, be ejected frm the \ntion 85 land at the instance of the Gaon Sabha within such period \napplies. as msy be prescribed. \n(2). Where a Bhumidhar has been ejected, his rights in \nthe holding shall be extinguished and the land shall become \nvacant land. \nEjectment by '[",
"footnote": "",
"is_definition": false,
"sort_order": 890
},
{
"number": "86A",
"title": "Section 86A. Ejectment of persons occupying land without title on motion of Gaon Sabha",
"chapter": null,
"content": "Notwithstanding anything contained in sections \nRevenue 84, 85 and' 86, the Revenue Assistant also may. on receiving Assis- bnt of information or on his own motion, eject any person who is \npersons, liable to be ejected from any land m a suit of the Gaon \noccupying Sabha under any of those ssctions, after i~llowing such \nland1 \nwithout title. procedure as may be prescribed.] \nEjectment ot",
"footnote": "",
"is_definition": false,
"sort_order": 900
},
{
"number": "87",
"title": "Section 87. Ejectment of Asami of public utility land",
"chapter": null,
"content": "Any person who, on or after the first day of July. \nPersons from19509 has been admitted as a tenure or grove holder of, or \n',$co:tiliCi.being a proprietor has brought under his own cultivation or \nhas planted a grove upon, land which was recorded as or \nwas customary common pasture land, cremation or burial \nground, tank, pathway olr Khalian, shall be liable, on the suit \nof the Gaon Sabha to ejectment from the land, on payment \nof'such compensation, if any, as may be prescribed. \nI. Rent (Asami) \nRent payabls",
"footnote": "",
"is_definition": false,
"sort_order": 910
},
{
"number": "88",
"title": "Section 88. Rent payable by Asami",
"chapter": null,
"content": "An Asami shall be liable to pay such rent as may \nby an Asami.be agreed upon between .him and his land-holder or the \nGaon Sabha, as the case may be. subject to the condition \nthat it shall not exceed one-fifth of the produce of the land \nor '[four times the land revenue payable for the land held \nby the Asami, whichever is less.] \nRent rtot to",
"footnote": "",
"is_definition": false,
"sort_order": 920
},
{
"number": "89",
"title": "Section 89. Rent of Asami of Gaon Sabha",
"chapter": null,
"content": "The rent payable by an Asami shall not be varied \nbe vaned except in the manner and to the extent provided under this \nAct. . -. \n'Ins. by s. 21 of Central Act 38 of 1%5. \n%bs. by s. 14 of Central Act 4 of 1959, for the words \"if the rent is paid in cash \nits equivalent value.",
"footnote": "",
"is_definition": false,
"sort_order": 930
},
{
"number": "90",
"title": "Section 90. Rent of Asami in other cases",
"chapter": null,
"content": "(1) Where any person is admitted to or permitted gtL $ref \nlo retain possession of any land as an Asami thereof by ,,,, \nany person having a right to so admit or permit him. but \nno rent is fixed, the Asami or the land-holder may, at any \n'time daring the period of occupation or within three years \n' after the expiry of this period, institute a suit for fixation ~ \n; (2) In any such suit the plaintiff may, subject to the \n@iw of limitation, ask for a decree for the arrears of rent. \n(3) The rent decreed in any such suit, shall be the rent \npayable in the year previous to the yenr of admission, per- \nmission or accrual d asami rights, or if no rent was payable \nin such year, it shall be fixed at the prevailing village rate \nof rent applicable to the land, subject to the maximum laid \n#own in section 88.",
"footnote": "",
"is_definition": false,
"sort_order": 940
},
{
"number": "91",
"title": "Section 91. Hypothecation of produce of Asami",
"chapter": null,
"content": "The produce of every holding in the cultivation of Hy~otheca- \nan Asami and the fruit of every tree in such holding shall tl3n of \nbe deemed to be hyptherated for the rent payable by hi? yz$g \nin respszt of the holding and, until the rent has been pald pay~ent \nor otherwise satisfied. no other claim on such produce or r-nt \nfruit shall be enforced by sale thereof in execution of a \ndecree or order of a Court.",
"footnote": "",
"is_definition": false,
"sort_order": 950
},
{
"number": "92",
"title": "Section 92. Mode of payment of rent by Asami",
"chapter": null,
"content": "(1). An Asami may pay his rent either direct or by P-ent how \npostal money order, but the acceptance by the Gaorl 3abl;a payabEe. \nor the land-holder of a sum so paid shall not debdr the \nGaon Sabha or the land-holder, as the case may be, from \nproving that the amount duc for any year or instalment \nwas different from the amount paid. \n(2) Where rent is remitted by money crder, the payee's \n~eceipt or the endorsement of refusal on the money crder \nduly stamped by the post office shall be admissible in evid- \nence without formal proof and shall, until the contrary is \nproved, be prcsumed to record the receipt or refusal thereof.",
"footnote": "",
"is_definition": false,
"sort_order": 960
},
{
"number": "93",
"title": "Section 93. Commutation of rent of Asami",
"chapter": null,
"content": "Where the rent is payable in kind or on estimate Commutation \nor appraisement of the standing crop or on rates varying of rent- \nwith crops sown or partly in one d such ways and partly \n$i another or other of such ways, the Revenue Assistant \nmay at his own instance and shall at the instance of the \nGaon Sabha or the person by or to whom rent is payable \n.commute the rent in the manner prescribed.",
"footnote": "",
"is_definition": false,
"sort_order": 970
},
{
"number": "94",
"title": "Section 94. Instalments for payment of rent",
"chapter": null,
"content": "In the absence of a contract to the contrary, the Instaiments \nrent shall be payable in two equal instalments on the fifteenth 2:;;ment \nday of November and the fifteenth day of May of the agri- \n cultural year in respect of which the rent is due. \nThe De/hi Land Reforms Act, 1954 \n(Chapter 111-1. Rent (Asami))",
"footnote": "",
"is_definition": false,
"sort_order": 980
},
{
"number": "95",
"title": "Section 95. Application for recovery of arrears of rent",
"chapter": null,
"content": "(2) The application shall be signed and verified in the, \nmanner prescribed for plaints in the Code of Civil Procedure, \n1908. \nIssue of",
"footnote": "",
"is_definition": false,
"sort_order": 990
},
{
"number": "96",
"title": "Section 96. Execution of decree for arrears of rent",
"chapter": null,
"content": "(1) On reeipt of the application mentioned in see,- \nnotice to tion 95, the Court of the Tahsildar having jurisdiction shall \n1 \ncause to be served on tho, Asami a notice requiring him to \npay the amount of arrears together with the cost of the ap- \nt plication within thirty days from the date of the service \nthereof or to show cause, within a period to be specified, \nwhy an order directing him to be ejected from the hdding \nbe not passed against him. \n(2) If within the period allowed the Asami pays to the \napplicant or deposits in the Court the amount mentioned \n. in the notice, the Court shall enter full satisfaction and dis- \nmiss the application and thse amount deposited shall be paid \nto the applicant. \nOrder for",
"footnote": "",
"is_definition": false,
"sort_order": 1000
},
{
"number": "97",
"title": "Section 97. Remission of rent on agricultural calamity",
"chapter": null,
"content": "(1) If the Asami, who has been duly served under \npayment On section 96, fails to pay or deposit the said amount in the failure to with Court and also does not file any objection the Tahsildar \nthe notice shall make any order for the payment of the amount and \nunder sectionin default for the ejectment of the Asami from the holding. \n96. \n(2) If the Asami appears and contests the claim the \napplication shall be treated as a suit and, if necessary, the \nCourt shall order the applicant to pay any additional csurt- \nfee payable according to the law relating to suit for arrears \nof rent or ejectment. \n.(3) If the applicant fails to pay the lcourt-fee within the \ntime so allowed, the application shall be rejected. \n(4) If the court-fee has been duly paid, the Court shall, \nwhere the Asami plezds that the applicant is not the land- \n, holder or that he himself is the Bhumidhar of the holding or \nany part thereof, transfer the case to the civil court having \njurisdiction and the civil court shall thereupon proczed to \nhear and determine it as if it were a suit for arrears and \nejectment instituted in such Court. \n(5) The rejection of an application under sub-secticn \n(3) shall not preclude the applicant from filing a suit for- \nrecovery of arrears of rent. \nExecution by",
"footnote": "",
"is_definition": false,
"sort_order": 1010
},
{
"number": "98",
"title": "Section 98. Rent of Asami not to be varied",
"chapter": null,
"content": "(1) Notwithstanding anything contained in the Code \nejectment, in of Civil Prwedure. 1908, a decree or order for the payment \ndefault of of arrears of rent against an Asami may, in addition to any \npayment other mode of execution, be executed in default of payment \nof the amount decreed by ejectment of the Asami from the \nhdding : \nF'rovided that no order for delivery of possession shall \nbe passed unless notice has been served upon the judgment- \ndebtor to show cause on a date to be fixed why the order \nbe not passed. \n(2) If within one month after the delivery of possession \nthe tenant deposits the full amount in respect of which he \nhas been ejected, the ejectment order shall be cancelled and \npossession restored forthwith to the tenant.",
"footnote": "",
"is_definition": false,
"sort_order": 1020
},
{
"number": "99",
"title": "Section 99. Interest on arrears of rent",
"chapter": null,
"content": "An Asami shall, from the date rent becomes due, Interest on \nbe liable to pay interest at 62 per .cent. per annum on any of \ninstalment remaining unpaid. rent.",
"footnote": "",
"is_definition": false,
"sort_order": 1030
},
{
"number": "100",
"title": "Section 100. Recovery of arrears of rent from Gaon Sabha",
"chapter": null,
"content": "Arrear of rent due in respect of property vesting Recovery of \nin the Government or in respect of area attached for arrears arrear of \nof land revenue may be recovered as arrear of land revenue. zie$ of \nproperty.",
"footnote": "",
"is_definition": false,
"sort_order": 1040
},
{
"number": "101",
"title": "Section 101. Remission of rent by Court",
"chapter": null,
"content": "(1) It shall be lawful for the Court hearing 2 suit Remiss:orr \nfor recovery of arrears d rent, where it is satisfied that the for cab- \narea of the holding was substantially decreased by diluvian \nor otherwise, or the produce thereof was substantially dimi- decreeing \nnished by drought, hail, deposit of sand or other calamity claim for \nduring the perio'd for which the arrear is claimed, to allow arrears. \nsuch remission from the rent as may appear to it to be just: \nProvided that no such remissioa shall be deemed to \nvary the rent payable by the Asami otherwise than for the \nperiod in respect of whjqh it is made. \n(2) Where a Court allows remission under sub-section \n(11, the Chief C~rnmis~sioner or any authority empowzredl by \nhim in this behalf shall order consequential remissions in the \nland revenue in accmdance with such principles as may be \nprescribed. \nGeneral",
"footnote": "",
"is_definition": false,
"sort_order": 1050
},
{
"number": "102",
"title": "Section 102. Suit for recovery of irrigation dues",
"chapter": null,
"content": "Any person to whom any sum is due on aowunl Suit for \n04 irrigation dues under section 47 of the Northern Tndi3 ar-rs of \nCanal and Drainage Act, 1873, may sue for the recovery of ~~~tlOn \nsuch sum.",
"footnote": "",
"is_definition": false,
"sort_order": 1060
},
{
"number": "103",
"title": "Section 103. Vesting of trees in Bhumidhar or Asami",
"chapter": null,
"content": "Any tree existing on the boundary of the holding Vesting of \nof a tenant on the commencement of this Act and not be- ~~~~~~~- \nlonging to such tenant shall with effect from the commence- dary of the , \nment of this Ant belong to and vest in the Bhumidhars cvf holding of a! \nthe holding adjoining the said boundary in equal shares. tenant. \nExplanation.-Where the holding belongs jointly to two \nor more Bhumidhars, all of them shall for the purposes \nof this section collectively count as one.",
"footnote": "",
"is_definition": false,
"sort_order": 1070
},
{
"number": "104",
"title": "Section 104. Declaratory suit",
"chapter": null,
"content": "Notwithstanding anything to the contrary in seo Declaratory \ntion 42 of the Specific Relief Act, 1877, the Gaon Sabha suit. \nmay institute a suit against any person claiming to be entitl- \ned to any right in any land for the declaration d the right \nof such person in such land, and the Court in its discretion \nmay make a declaration of the '[right of such persons :I, \nProvided that no Court shall make any such declarat~on \nwhere the plaintiff, being able to seek further relief than a \nmere declaration of title, omits to do so. \n*Subs. by s. 15 of Delhi Act 16 of 1956; for the words \"right of such person, and \nthe Gaon Sabha need not in such suit ask for any further relief'. \nPower to",
"footnote": "",
"is_definition": false,
"sort_order": 1080
},
{
"number": "105",
"title": "Section 105. Power to make rules",
"chapter": null,
"content": "The Chief Commissioner may make 'rules fcr the \nmake rules. purpose of carrying into effect the provisions of this Chapter. \nCHAPTER IV \nLand Revenue \nLand Reve-",
"footnote": "",
"is_definition": false,
"sort_order": 1090
},
{
"number": "111",
"title": "CHAPTER IV - LAND REVENUE",
"chapter": "CHAPTER IV",
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 1100
},
{
"number": "106",
"title": "Section 106. Land revenue assessed on village",
"chapter": null,
"content": "1%. (1) The aggregate of the land revenue payable by \nthe Bhumidhars in respect of land situate in any village \nbe deemed to be the land revenue assessed on that lage. village. \n(2) The land revenue assessed on any village shall be \nthe first charge on all land in the entire village and on the \nrents, profits or produce thereof. \nLand held",
"footnote": "",
"is_definition": false,
"sort_order": 1110
},
{
"number": "107",
"title": "Section 107. Land held by Bhumidhar liable to land revenue",
"chapter": null,
"content": "(1) All land held by a Bhumidhar as such and \nby Bhumi- wherever situate is liable to the payment of land revenue to dhars liable to payment the Government, except such land as may be exempted \nof land wholly or partially from such liability under the provisions \nrevenue. of section 122 or under any law for the time being in force. \n(2) Land revenue may be assessed on land notwithstand- \ning that such land revenue, by reason of its having been as- \nsigned, released, compounded for or redeemed. is not pay- \nable to the Government. \n(3) No length of cccupation of any land nor any grant \nmade before the commencement of this Act by the Govern- \nment or the landholder shall release such land from the lia- \nbility to pay and revenue. \nLiability of",
"footnote": "",
"is_definition": false,
"sort_order": 1120
},
{
"number": "108",
"title": "Section 108. Land revenue payable by Bhumidhar",
"chapter": null,
"content": "(1) All Bhurnidhars in any village shall be jointly \nthe Bhumi- and severaly responsible to the Government for the payment \ndhars of the land revenue for the time being assessed thereon, and payment of land reve- a$ persons succeeding whether by devolution or otherwiqe, \nnue assess- the interests of such Bhumidhars shall be responsible for \ned on the a!1 arrears of land revenue due at the time of their sccces- \nvillage. slan. \n(2) Notwithstanding the provisicms of sub-section (1) a \nBhurnidhar shall not be compelled to pay any arrear of land \nrevenue other than an arrear in respect of his holding to \nwhich he is wholly or in part entitled, unless the Chief Corn- \nmissioner has, by notification in the official Gazette, declar- \ned that the provisions of sub-section (1) shall apply :a any \nspecific area. \nAmount of \nland revenue",
"footnote": "",
"is_definition": false,
"sort_order": 1130
},
{
"number": "109",
"title": "Section 109. Amount of land revenue payable",
"chapter": null,
"content": "(1) Subject to the provisions of this Act, every \npayab1e.b~ person, who is a Bhumidhar, shall be liable to pay to the \na Bhuml- Government far land, held by him as such, on account of dhar. land revenue- \n(a) if he is declared a Bhumidhar under section 11, \nthe amount of land revenue, cesses and local rates as \ngiven in that section; \n'For the Delhi Land Reforms Rules, 1954, see Notificat~on No. F. 3(16)/54-GA&R, \ndated the 11th November, 1954 Delhi State Gazette, Part V, dated 20-1-1955, p. 27. \n(b) if he becomes a Bhumidhar under section 13, \nthe amount of land revenue, cesses and local rates as \ngiven in section 14; \n(c) if he is declared a Bhumidhar under sub-sec- \ntion (4) of section 74, the amount d land revenue, cesjes \nand local rates as given in that section. \n(2) The payment of land revenue, cesses and local rates \n! b shall take effect from the commencement of this Act except \nin cases of admission or acquisitions of Bhumidhari rights \nafter the commencement of this Act, in which case, it shall \ntake effect from the date of admission or acquisition.",
"footnote": "",
"is_definition": false,
"sort_order": 1140
},
{
"number": "110",
"title": "Section 110. Dates and ports of payment of land revenue",
"chapter": null,
"content": "(1) The Chief Commissioner may prescribe the Dates and \ndate or dates from which and the instalments in which the lnstalrnents \nland revenue shall bs payable by Bhumidhars referred to 21~~~~~~~. \nin section 109. nue under \nsection 109. \n(2) The land revenue or any instalment therecf not paid \non or before the due date becomes an arrear of land revenue \nand the persons liable for it become defaulters.",
"footnote": "",
"is_definition": false,
"sort_order": 1150
},
{
"number": "111",
"title": "Section 111. Variation in land revenue assessed",
"chapter": null,
"content": "(1) Notwithstanding anything contained in this Variation in \nAct, the land revenue payable by a Bhumidhar shall not be ~~~a~\"y~~ \nvaried until the next settlement, except on the ground of in- Bhumidhar. \ncrease or decrease in the area of his holding or in the pro- \nductivity of the land comprised therein by fluvial' action or \nother natural causes : \nProvided that the Chief Conlmissioner may at any time, \nby a noltification in the official Gazette, direct that any urban \narea that may have developed in any part of the State be \ntaken out of the scop of the revenue settlement for levy \nof special urban rates in place of land revenue. \n(2) Whenever the land revenue is enhanced or abated \nunder sub-section (I), the Chief Commissioner may order \nthe enhancement or abatement of the rent payable by an \nAsami in occupation of such land.",
"footnote": "",
"is_definition": false,
"sort_order": 1160
},
{
"number": "112",
"title": "Section 112. First settlement of land revenue",
"chapter": null,
"content": "The Chief Commissioner may, at any time after First settle- \nthe commencement of this Act, direct a settlement (herein- ment of Ian6 \nafter referred to as first settlement) of the land revenue of ~V~nue. \nthe whole or part of the State.",
"footnote": "",
"is_definition": false,
"sort_order": 1170
},
{
"number": "113",
"title": "Section 113. Revision settlement of land revenue",
"chapter": null,
"content": "The Chief Commissioner may, at any time after a Revision \nperiod of thirty years from the first settlement, direct a fresh settlement of \nsettlement (hereinafter referred to as revision settlement) of :,\",:- \nland revenue of the whole or part of the State: \nProvided that no enhancement of revenue shall t%ke \neffect before the expiration of the settlement for the timz be- \ning in force.",
"footnote": "",
"is_definition": false,
"sort_order": 1180
},
{
"number": "114",
"title": "Section 114. Notification as to settlement operations",
"chapter": null,
"content": "As soon as may be after the Chief Commissioner Notification \nas to settle- has decided that the: whole or part of the State should be \nbrought under a fresh settlement, he shall so notify in the tions. \n- -- -- \n* \n804 The Delhi Land Reforms Act, 1954 \n(Chapter IV-Land Revenue) \nofXcial Gazette and thereupon the whole or part of the State \nshall be held to be undm settlement, until a notification de- \nclaring settlement operations thereto be closed is publlsh- \ned.",
"footnote": "",
"is_definition": false,
"sort_order": 1190
},
{
"number": "115",
"title": "Section 115. Appointment of Settlement Officer",
"chapter": null,
"content": "The Chid Coinmissioner shall appoint a Settle- \nment Officer to be incharge of the settlement of the State \ntor part thereof and as many Assistant Settlement Officers \nas he may deem fit and such officers shall, during the settle- \nment operations, exercise the powers conferred upon them \nby this Act. \nTransfer of",
"footnote": "",
"is_definition": false,
"sort_order": 1200
},
{
"number": "116",
"title": "Section 116. Transfer of duties of Deputy Commissioner to Settlement Officer",
"chapter": null,
"content": "Where the State or any part thereof is under sct- \nduties tlement, the Chief Commissioner may, by a notification ~n \n,- the official Gazette, transfer to the Settlement Officer the \n,ion, to duty d maintaining the maps and the field books and pre- \n.Settlement paring the annual register and the Settlement Officer shall \n'Officer. thereupon possess all the powers conferred on the Jk~ruty \nCommissioner under Chapter 111 of the U.P. Land Revenue \nAct. 1901, or the Punjab Land Revenue Act, 1887, as the \ncase may be. \nTerm of",
"footnote": "",
"is_definition": false,
"sort_order": 1210
},
{
"number": "117",
"title": "Section 117. Term of settlement",
"chapter": null,
"content": "A settlement shall remain in force for a period of :Settlement. thirty years \nProvided that in the case of any precarious tracts or \nalluvial areas the Chief Commissioner may direct that t!ie \nsettlement shall, for such tracts or areas as may be specified. \nremain in force for any period less than thirty years : \nProvided further that when in the opinion d the Chief \n! Commissioner a revision settlement is inexpedient or when \n.J * such settlement has for any cause been delayed, the Chief Commissioner may extend the term of the settlement for \nthe time being in force by such period as he deems fit. \nSettlement by",
"footnote": "",
"is_definition": false,
"sort_order": 1220
},
{
"number": "118",
"title": "Section 118. Settlement Officer to have powers of certain officers",
"chapter": null,
"content": "Where the period of settlement fixed in the case \nDeputy of any precarious tract or alluvial area is less than 30 years Commis- \nsioner 1n and such period expires or is about to expire, the Deputy \nprecarious Commissioner shall assess and settle such tracts and areas \ntracts or in such manner as may be prescribed. \nalluvial \nareas \nDeputy",
"footnote": "",
"is_definition": false,
"sort_order": 1230
},
{
"number": "119",
"title": "Section 119. Power to make rules",
"chapter": null,
"content": "(1) For the purposes of making settlements or re- COmmis- vising assessments under stxtion 118 the Deputy Commis- sioner to exercise the sioner shall have all the powers o£ a Settlement mcer. \npowers of \nSettlement (2) No settlement, revision of assessment made under \noffice urder secticm 118 or suspension of revenue made under section 127 \nSection 118. shall be final until it has been sanctioned by the Chief C'onl- \nmissioner. \nProcedure \nto be adop-",
"footnote": "",
"is_definition": false,
"sort_order": 1240
},
{
"number": "120",
"title": "Section 120. Procedure to be adopted by Settlement Officer",
"chapter": null,
"content": "When the State or a part thereof has been brought \nunder settlement, the Settlement Officer or an Assistant Sei- \nm,~. tlement mcer shall inspect every village under settlement \nand shall, in such manner and on such principles as may be \nprescribed, divide the State or the part into soil classes and \nassessment circles.",
"footnote": "d the surplus produce as may be fixed by the Chid Cm- \nmissioner m the remmendations of the Settlement Weer. ' **** i I \n(2) The percentage of land revenue to the surplus pro- \nduce shall vary according to a graduated scale prescribed \nby the Chief Commissioner being largest on holdings with \nthe highest surplus produce and smallest on holdings with \nlowest surplus produce. \n'Rep. by A.O. 1957.",
"is_definition": false,
"sort_order": 1250
},
{
"number": "121",
"title": "Section 121. Assessment of land revenue",
"chapter": null,
"content": "The Settlement Officer shall enquire into the case Assessment \nof all lands released conditionally or for a term from the of revenues \npayment of land revenue, and shall assess such lands if ~t ~~~~~ \ni appears to him that the conditions have been transgrssszd in certain \nor the term has expired. cases.",
"footnote": "d the surplus produce as may be fixed by the Chid Cm- \nmissioner m the remmendations of the Settlement Weer. ' **** i I \n(2) The percentage of land revenue to the surplus pro- \nduce shall vary according to a graduated scale prescribed \nby the Chief Commissioner being largest on holdings with \nthe highest surplus produce and smallest on holdings with \nlowest surplus produce. \n'Rep. by A.O. 1957.",
"is_definition": false,
"sort_order": 1260
},
{
"number": "122",
"title": "Section 122. Title to holding free of revenue",
"chapter": null,
"content": "(1) Any person claiming land free of revenue not Title to hold \nrecorded as revenue-free shall be bound to prove his title to land free of \nhold such land free of revenue. revenue. \nI \n(2) If he proves his title to the satisfaction of the Sct- \ntlement Officer, the case shall be reported to the Chief Com- \nmissioner whose orders shall be final. \n(3) If the title is not so proved, the Settlement O6cer \nshall proceed to assess the land and to make the settlement \n.of it with the pzrsons entitled to the land. \nt",
"footnote": "d the surplus produce as may be fixed by the Chid Cm- \nmissioner m the remmendations of the Settlement Weer. ' **** i I \n(2) The percentage of land revenue to the surplus pro- \nduce shall vary according to a graduated scale prescribed \nby the Chief Commissioner being largest on holdings with \nthe highest surplus produce and smallest on holdings with \nlowest surplus produce. \n'Rep. by A.O. 1957.",
"is_definition": false,
"sort_order": 1270
},
{
"number": "123",
"title": "Section 123. Land revenue assessed on village to be first charge",
"chapter": null,
"content": "The land which shall ordinarily be assessed to Land reve- \nland revenue shall, except as hereinafter excepted, be the nue to be \naggregate holdings area of Bhumidhars in a village in the \nyear of record. gate hold- \nings area \nExceptions : - in a village. \n(1) lands occupied by buildings which are not j1-n- \nprovements ; \n(2) all lands of common utility such as customary \ncommon pasture lands, cremation or burial grounds, \nI \nabadi sites and pathways etc., that are vested in Gaon \nSabha under section 7; and \nI (3) such other lands as may be prescribed.",
"footnote": "d the surplus produce as may be fixed by the Chid Cm- \nmissioner m the remmendations of the Settlement Weer. ' **** i I \n(2) The percentage of land revenue to the surplus pro- \nduce shall vary according to a graduated scale prescribed \nby the Chief Commissioner being largest on holdings with \nthe highest surplus produce and smallest on holdings with \nlowest surplus produce. \n'Rep. by A.O. 1957.",
"is_definition": false,
"sort_order": 1280
},
{
"number": "124",
"title": "Section 124. Principles of assessment of land revenue",
"chapter": null,
"content": "(1) In assessing the land revenue payable for a Principles of \nholding in an assessment circle, the Settlement Oacer shall assassment. \nconsider the estimated average surplus produce of such hold- \ning remaining after deducting the ordinary expenses of cul- \ntivation as ascertained or estimated in such manner as may \nbe prescribed. The land revenue shall be such percentage \nAssessment",
"footnote": "d the surplus produce as may be fixed by the Chid Cm- \nmissioner m the remmendations of the Settlement Weer. ' **** i I \n(2) The percentage of land revenue to the surplus pro- \nduce shall vary according to a graduated scale prescribed \nby the Chief Commissioner being largest on holdings with \nthe highest surplus produce and smallest on holdings with \nlowest surplus produce. \n'Rep. by A.O. 1957.",
"is_definition": false,
"sort_order": 1290
},
{
"number": "125",
"title": "Section 125. Assessment proposals",
"chapter": null,
"content": "The Settlement O'fficer shall publish his proposals proposats- in such manner as may be prescribed as soon as he has com- \npleted the assessment of each village. He shall consider ob- \njectiolns, if any, that may be preferred and shall then sub- \nmit the'prop~sals together with the objections, if my and \nsuch orders as he may have passed to the prescribed aatho- \nrity, who shall forward them to the Chief Commissioner with \nhis cqiments. \nOrders c?f",
"footnote": "",
"is_definition": false,
"sort_order": 1300
},
{
"number": "126",
"title": "Section 126. Inquiry into revenue-free holdings",
"chapter": null,
"content": "After considering the proposals and the comments \nthe Chief of the ,prescribed authority, the Chief Commissioner shal! \nComrnls- pass sdch orders as he deems fit. The orders of the Chief sioner on \nthe Commissioner shall not be called in question in any Court. \nassessment \nproposals. \nRemlsslpn or",
"footnote": "",
"is_definition": false,
"sort_order": 1310
},
{
"number": "127",
"title": "Section 127. Settlement of revenue-free land",
"chapter": null,
"content": "(1) Notwithstanding anything contained in this Act \nsuspens'on the Chief Commissioner may, on the occurrence cf an agri- \n$,kkd, ,,d cultural calamity affecting the crops of any village or part \nrent foiiow- thereof, remit or suspend for any period the whble or any \nIn_e an part of the land revenue of any holding affected by such \nagrlc~ltural calamity. \nca1arn;iy. \n(2) Whenever the Chief Commissioner takes actiora, \nunder sub-section (1) he may remit or suspend the lvhale \nor 22y part d the rent payable by an Asami in occupation \nof suc:~ land. \n(3) Where the payment of rent has been suspended \nunder sub-section (2), the period of suspension shall be \nzxcluded in computing limitation allowed for a suit for the \nrecovery of rent. \nOrder under",
"footnote": "",
"is_definition": false,
"sort_order": 1320
},
{
"number": "128",
"title": "Section 128. Determination of cesses and local rates",
"chapter": null,
"content": "An order passed under section 127 shall not be- \nsection 127 questioned in a civil or revenue court, and no suit or appli- \nto be cation shall lie fm the recovery of any sum the payment of questioned \n,, Court. which has been remitted under section 127, or, during the. \nperiod of suspension, of any sum the payment of which has \nbeen 'suspended under the said section. \nRevision of '",
"footnote": "",
"is_definition": false,
"sort_order": 1330
},
{
"number": "129",
"title": "Section 129. Double land revenue on lands held for public utility",
"chapter": null,
"content": "Notwithstanding anything contained in this Act or \nsettlement in any other enactment for the time being in force, the Chief on account c \nof decline mmissioner, if he is satisfied that there has been a sub-. \nin prices stantial decline in the price of agricultural produce which \nof agricul- is likely to continue for sometime, may, by a notification in \nturd pro- the official Gazette, direct a revision of settlement in any duce. area. \nAppointment",
"footnote": "",
"is_definition": false,
"sort_order": 1340
},
{
"number": "130",
"title": "Section 130. Remission of land revenue for agricultural calamity",
"chapter": null,
"content": "After the issue of notification under sectioa 129, \nof officer the Chief Commissioner may appoint ic such area any cfficer for with the powers of a Settlement Officer subject to such res- ment nnder section 129. trictions and conditions as he may think fit but not so as \nto enable him to enhance the land revenue thereof. \nAnnual \nenquiry into",
"footnote": "",
"is_definition": false,
"sort_order": 1350
},
{
"number": "131",
"title": "Section 131. Annual enquiry into revenue-free grants",
"chapter": null,
"content": "The Deputy Commissioner shall enquire annually \nrevaue into the case of all lands released conditionally or for a- \ngrant, term from the payment of land revenue. \nThe Ddhi Land Refmms Act, 1954 107 \n(Chapter ZV-CoEr2ection of Lmd Revenue) \nIf the condition is broken, he shall report the case to \nthe Chief Commissioner for orders; and if the period has \nexpired or if the grantee, where the grant is for the life of \nthe grantee, has died, he shall assess the land and report his \nproceedings to the Chief Commissioner for sanction. \nCollection aj Land Revenue \ni 1",
"footnote": "shall, for the purposes of this Chapter, be conclmive evi- ;p&WgJg \nhce of the existence of the arrears of land revenue or its , t, , \namount and of the person who is the defaulter: rears of \nland re- \nvenue. \n8-1 belhi Admn.170",
"is_definition": false,
"sort_order": 1360
},
{
"number": "132",
"title": "Section 132. Land revenue to be paid in instalments",
"chapter": null,
"content": "The Chief Commissioner may make such arrange- Arranm \n, ments and employ such agency for the corlection of land men& for \nrevenue as he may deem fit. collecting \nland revenue.",
"footnote": "shall, for the purposes of this Chapter, be conclmive evi- ;p&WgJg \nhce of the existence of the arrears of land revenue or its , t, , \namount and of the person who is the defaulter: rears of \nland re- \nvenue. \n8-1 belhi Admn.170",
"is_definition": false,
"sort_order": 1370
},
{
"number": "133",
"title": "Section 133. Collection of land revenue by Gaon Sabha",
"chapter": null,
"content": "(1) The Chief Commissioner may by general or Collection \nspecial order published in the Official Gazette charge the of land \nGaon Sabha constituted under section 150 of this Act with ~~~~a~{a* \nthe duty d collecting and realizing the land revenue and \nsuch other dues as may be prescribed, for and on behalf of \nthe Government, in the area for which the Gam Sabha \nis established or any part thereof. \n(2) Whgm the Gaon Sabha has been so charged, it shall \nbe the duty of the Gaon Panchayat concerned to collect and \nrealize, in accordance with the provisions of this Act or \nthe rules made thereunder, Pilie land revenue. and the dues \nI \naforesaid payable to the Government from tlme to time in \nrespect d the land comprised in its area.",
"footnote": "shall, for the purposes of this Chapter, be conclmive evi- ;p&WgJg \nhce of the existence of the arrears of land revenue or its , t, , \namount and of the person who is the defaulter: rears of \nland re- \nvenue. \n8-1 belhi Admn.170",
"is_definition": false,
"sort_order": 1380
},
{
"number": "134",
"title": "Section 134. Consequences of collection by Gaon Sabha",
"chapter": null,
"content": "Where a Gaon Sabha has been charged with the Consequence \nduty of collecting and realizing the land revenue or other of collection \ndues under section 133 the following consequences will fol- by , l08w :- Gaon Sabha. \n(a) every Bhumidhar shall, without prejudice to \nthe provisions of section 108, be liable to the Gaon \nPanchayat for the payment of the land revenue or other \ndues for the time being payable by the Bhumidhars, \n(b) the amount d land revenue or other dues col- \nlected or realized by any member (including Pradhan \nor Uppradhan) of the Gam Panchayat or any mem- \nber of the Gaon Sabha and not paid to the Government \nmay, without prejudice to his liability under any other \nlaw for the timc being in force, be realized as arrears \nof land revenue from him or his property in the hands \nof his legal representatives, and \n(c) the Gaon Panchayat shall be paid a remunera- \ntion at such rate as may be prescribed on the collections \nmade by it after the amount of land revenue or other \ndues collected have been credited to the prescribed fund.",
"footnote": "shall, for the purposes of this Chapter, be conclmive evi- ;p&WgJg \nhce of the existence of the arrears of land revenue or its , t, , \namount and of the person who is the defaulter: rears of \nland re- \nvenue. \n8-1 belhi Admn.170",
"is_definition": false,
"sort_order": 1390
},
{
"number": "135",
"title": "Section 135. Certified statement of account of land revenue",
"chapter": null,
"content": "A statement of account certified by the Tahsildar Certified \n-- \n108 The Delhi Land Reforms Act, 1954 \n(Chapter IV--Collection of Land Revenue) \nProvided that in any village in respect d which an \norder under section 133 has been made, such statement, \nmay, in respect of any individual defaulter, be certified by I \nthe Gaon Panchayat. \nProcedure for",
"footnote": "shall, for the purposes of this Chapter, be conclmive evi- ;p&WgJg \nhce of the existence of the arrears of land revenue or its , t, , \namount and of the person who is the defaulter: rears of \nland re- \nvenue. \n8-1 belhi Admn.170",
"is_definition": false,
"sort_order": 1400
},
{
"number": "136",
"title": "Section 136. Recovery of arrears of land revenue",
"chapter": null,
"content": "n arrear of land revenue may be recovered by \nthe recovery any onq o ;more of the following prwesses : - r' 1 of an arrear \nof land (a) by serving a writ of demand or a citation to ap- revenue. pear on any defaulter. \n(b) by arrest and detention of his person. \n(c) by attachment and sale of his moveable property \nincluding produce, \n(d) by attachment of the holding in respect oi \nwhich the arrear is due. \n(e) by sale of the holding in respect of which the \narrear is due, or \n(f) by attachment and sale of other immovable \nproperty of the defaulter. \nWrit of",
"footnote": "",
"is_definition": false,
"sort_order": 1410
},
{
"number": "137",
"title": "Section 137. Methods of recovery of arrears",
"chapter": null,
"content": "(1) As soon as arrear of land revenue has become \ndemand and due a writ of demand may be issued by the Tahsildar on \ncitation to the defaulter calling upon him to appear and deposit the \nappear- arrear due on a date to be specified. \n(2) In addition to or in lieu of a writ of demand the \nTahsildar may issue a citation against the defaulter to ap- \npear and deposit the arrear due on a date to be specified. \n' \n\\ (3) Where a Gaoa Sabha has ken charged with the \nduty of ,c \\letting and realizing land revenue under secliun \n133, the ghief Commissioner may authorise a Gaon Pan- \nchayat, by!a general or special order published in the official \nGazette, to issue a writ of demand or a citation to appear \non any defaulter under clause (a) d section 136, but for ac- \ntion under any other clause of section 136, the Gaon Sabha \nshall report to Tahsildar for necessary action. \nArrest and",
"footnote": "",
"is_definition": false,
"sort_order": 1420
},
{
"number": "138",
"title": "Section 138. Recovery of arrears by arrest and detention",
"chapter": null,
"content": "Any person who had defaulted in the payment of \ndetention. an arrear of land revenue may be arrested and detained in \ncustody up to a period not exceeding 15 days unless the \narrear with costs, if any, of the arrest and detention are \nsooner paid: \nProvided that no woman or minor shall be liable to \narrest or detention under this section : \nI[* \n* \nA&hmmt",
"footnote": "",
"is_definition": false,
"sort_order": 1430
},
{
"number": "139",
"title": "Section 139. Attachment and sale of movable property for arrears",
"chapter": null,
"content": "(1) The Dzputy Commissioner may, whether the \nmd sale of defaulter has been arrested or not, attach and sell his mov- \nmovable able property. prom. \nlornitted by sec. 22 ?f Central Act 38 of 1965. I \n..,. .?- -...-.--.- ----- - - .,\"T \nTk Dethr' Land Reforms Act. 1954 109 \n(Chapter IV--Collection of Land Revenue) \n(2) Every attachment and sale under this section shall \nbe made according to the law in force for the time being for \nthe attachment and sale of movable property in execution \no£ a decree of a civil court. \n(3) In addition to the particulars mentioned in G -1 BUS~S \n(a) to (0) of the proviso to section 60 of the Code of Civil \nProcedure, 1908, articles set apart exclusively for the use \nigious worship shsll be exempted from attachment and \nale under this section. qf rel \n(4) The costs of attachment and shall be added to the \narrear of land revenue and shall be recoverable in the same \nmanner.",
"footnote": "",
"is_definition": false,
"sort_order": 1440
},
{
"number": "140",
"title": "Section 140. Sale of holding for arrears",
"chapter": null,
"content": "(1) Notwithstanding anything contained in this sale of \nAct, where the land revenue payable in respzct of a holding holding for \nis in arrear, the Deputy Commissioner may, either of his ~~~~0~ \nown motion or on the application of the Gaon Panchayat, land re- \nsell the holding in such manner as may be prescribed and venue and \nutilize the proceeds in satisfaction of the arrear and refund a~plicauon \n$he excess, if any to the Bhumidhar. of \n~roceecfs \n(2) The Deputy Commissioner shall report to the pres- iherwf- \ncribed authority any sale made under this section. \n(3) Where any holding is sold under the provisions of \nthis section, the proceeds thereof shall be utilized first in \ndefraying the expenses of the sale and secondly in discharg- \ning the amount due as arrear of land revenue and the balance \nshall be payable to the person entitled.",
"footnote": "",
"is_definition": false,
"sort_order": 1450
},
{
"number": "141",
"title": "Section 141. Powers of Deputy Commissioner in recovery of arrears",
"chapter": null,
"content": "(1) If any arrear of land rzvenue cannot 'be re- Powers of \ncovered by any of the processes mentioned in clauses (a) to proceed \n+) of section 136, the Deputy Commissioner may realize the ::yi \nkame from the interest of defaulter in any other immovable deraulkr in \nproperty of the defaulter as if the said arrears were arrears other immo- \ndf land revenue assessed on and due in respect of such other vable Pro- \nproperty. perty. \n(2) Suins of money recoverable as arrears of land reve- \nnue, but not due in respezt d a specific land, may be re- \ncovered under this section from any immovable property \nof the defaulter.",
"footnote": "",
"is_definition": false,
"sort_order": 1460
},
{
"number": "142",
"title": "Section 142. Recovery of arrears from other sources",
"chapter": null,
"content": "A Bhumidhar or a person appointed under section Recovery of \n432 or a member of a Gaon Panchayat, who has paid the arrears paid \narrear of land revenue due on acmunt of any other Bhumi- ~p~in~~ \ndhar may. in addition to any other mode of recovery open under see- \nto him, within six months of the payment of such amount, tion 132. \napply to t$e Deputy Commissioner to recover such arrear \non his behalf as if it were an arrear of land revenue pay- \nable to Government. \nThe Deputy Colmmissioner shall on receipt of such ap- \nplication satisfy himself that the amount claimed is due to \nsuch a person and may then proceed to recover, as if it were \nThe Delhi Land Rt?forrns Act, 1954 \n(Chapter IV-CoIIection af Land Revenue). 1 1 \nan arrear of land revenue, such amount with costs and inter- \nest from the said Bhumidhar or any person in possession \nsf his tenure. \n7 \nThe Deputy Commissioner shall not be a defendant to \nsuit in respect of the amount for the recovery of which \nn order has been passed underthis section. I \nI \nNo appeal shall lie against the order of the Deputy Conl- \nmissioner under this section, but nothing contained therein \nand no order passed under this section shall debar the \nBhumidhar from maintaining a suit for arrear of i;md re- \nvenue. \nProvisions",
"footnote": "",
"is_definition": false,
"sort_order": 1470
},
{
"number": "143",
"title": "Section 143. Application of U.P. Land Revenue Act",
"chapter": null,
"content": "The provisions of this Act with regard ta the re- \napplied to covery of arrear d land revenue shall apply to all arrears \narrear due of land revenue and sums of money recoverable as arrear at commen- cement of ~f and revenue due at the commencement of this Act. \nAct. \nAttachment",
"footnote": "",
"is_definition": false,
"sort_order": 1480
},
{
"number": "144",
"title": "Section 144. Sums recoverable as arrears of land revenue",
"chapter": null,
"content": "(1) At any time after an arrear of land revenue \nof village has accrued, the Deputy Commissioner may attach the vil- and direct lage or any area therein in respect of which the arrear is management by Deputy due and place it under his own management m that of an \nCommis- agent appointed by him for that purpose for sucn period \nsloner. as he may consider necessary : \nProvided that the period: for which any village or \nzny area therein may be so attached shall not exceed three \nyears from the commencement of the agricultural year next \nfollowing the date of attachment and the attachmeot shall \nbe cancelled, if the arrezrs are smer liquidated. \n(2) Upon the expiry of the period of attachment, the \nvillage shall be restored free of any claim on the part of k \nthe Government for any arrear of land revenue due in res- \npect thereof. \nPowers and",
"footnote": "",
"is_definition": false,
"sort_order": 1490
},
{
"number": "145",
"title": "Section 145. Power of Chief Commissioner to make rules",
"chapter": null,
"content": "While an area is so held by the Deputy Commis- 1 \nsloner under his own management, he shall be bound by I. the any engagement which at the time of attachment existed \nEnr&- between the defaulter and the Asamis and shall be entitled \nsloner in to manage the property so held and to receive all rents and 1 \nrespect ' profits accruing therefrom. The collections so made from \ns?:zea the property shall be applied to the payment1 of any instal- l \nmanag- ment of land revenue which may becme due after attach- \nement. ment and the cost of attachment and management, and the ; \nI surplus, if any, shall be applied towards discharge of the , anears aa acmt of which the attachment is made. \nPowers of 146. (1) Where an arrear of land revenue is due in )I a \nI Deputy .respect of a holding the Deputy Commissioner may, notwith- \"mmiss- standing anything contained in this Act. let out the holding loner': \nI \nto let out ir7 any person other than the defaulter for a period not ex- \nthe holding ceeding ten years commencing from the first day of July I \nin respect next following; upon such terms and conditions as the Chief 1 I \nI \nTk Delhi Land Aefttrm Act, 1954 \n(Chapter IV-CoUection of Land Revewe-Chapfer V- \nGaon Sobha md Gaon Prmchayat) \nsection 88. \n\" 42) Nothing in this section shall affect the liability of \nany tenure-holders who may be liable under this Act fm the \npayment of the arrear of land revenue. \n(3) Upon the expiry of the period of lease the holding \nshall be restored to the tame-holder concerned free of any \nclaim on the part of the Government for any arrears in res- \npect of such holding.",
"footnote": "be prescribed, a Gaon having perpetual succession which \nshaq, be a body corporate and subject to any other enact- \n'?or the Delhi Land Reforms Rules 1954, see Notification No. F. 3(16)/54-GA&R, \nated the 11th November, 1954; Delh~ State Gazette, Part V, dated 20-1-1955, p. 27. \n*Subs. by s. E5 of Central Act 4 of 1959, for \"original proviro.\"",
"is_definition": false,
"sort_order": 1500
},
{
"number": "148",
"title": "Section 148. Provisions of Chapters V, VI and VII of Punjab Land Revenue Act",
"chapter": null,
"content": "The provisions of Chapters V, VI and VII of the Provisions \nPunjab Land Revenue Act, 1887, as amended by this Act, iLi:& \nshall, in so far as they are not inconsistent with the; provi- ~~~d Reve- \nsions of this Act, apply to applications and proceedings made nue ~ct, \nor taken under this Chapter. 1887, Chap- \nters V, VI \nand VII, as \nI \nCHAPTER V \nGmn Sabha and Gaon Panchayat",
"footnote": "be prescribed, a Gaon having perpetual succession which \nshaq, be a body corporate and subject to any other enact- \n'?or the Delhi Land Reforms Rules 1954, see Notification No. F. 3(16)/54-GA&R, \nated the 11th November, 1954; Delh~ State Gazette, Part V, dated 20-1-1955, p. 27. \n*Subs. by s. E5 of Central Act 4 of 1959, for \"original proviro.\"",
"is_definition": false,
"sort_order": 1510
},
{
"number": "153",
"title": "CHAPTER V - GAON SABHA AND GAON PANCHAYAT",
"chapter": "CHAPTER V",
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 1520
},
{
"number": "150",
"title": "Section 150. Establishment and incorporation of Gaon Sabha and Gaon Panchayat",
"chapter": null,
"content": "(1) The Chief Commissioner may by notification Establish- \nin the official gazette divide the entire area of the State into ment and \nGam Sabha areas each comprising one or more contiguous IncflrpO' \nreveme villages for the purposes of this Act and may by gn \nnotification alter the boundaries of any area so norified: and Gaon \n\"Provided that such areas shall not include any area to Sabha Area. \nwhich the Blhi Panchayat Raj Act, 1954, does not extend.] \n(2) There shall be established for each Gaon Sabha \nArea and from such date or dates and by such name as may \n112 i \nI \ni . The Delhi Land Reforms Act, 1954 1 \nI \n(Chapter V-Gaon Snbha and Gmn ~anchaiat) \nment vested with the capacity of suing and being sued in its \ncorporate name of acquiring, holding, administering and \ntransferring property, both movable and immovable, and \nof entering into contracts. \n'[(3) If the whole of a Gaon Sabha area ceases to be \nincluded in rural areas as defined in the Delhi Municipal I Corporation Act, 1957, by virtue of a notification under ~ \nsection 507 of that Act, the Gaon Sabha constituted for that \narea shall thereupon stand dissolved and on such dissolu- \ntion,- \n(a) all properties, movable and immovable, and all \ninterests of whatsoever nature and kind therein in- \ncluding moneys held in Gaon Sabha Area Fund, vested \nin the Gaon Sabha immediately before such dissolution. \nshall, with all rights of whatsoever description, used, \nenjoyed or possessed by such Gaon Sabha, vest in the \nCentral Government; \n(b) all duties, obligations and liabilities incurred, \nall contracts entered into and all matters and things- \nengaged to be done by, with or for the Gaon Sab!:a \nbefore such dissolution shall be deem~d to have been \ninsnlrred, entered into or engaged to be done with or \nfor the Central Government; \n(c) all rates, taxes, cesses, fees. rcnts and other \ncharges due to the Gaon Sabha i5~mesliateIy before such \ndissoluticn shall be deemed to be ?ue to the C~ntral \nGovernment; \n(d) all suits, prosecutions and other lega! groceed- \nings instituted or which might have been instituted by \nw against the Gaon Sabha may be continued or insri- \ntuted by or against the Union of India; \n(e) the provisions of this Act shall apply in rela- . \ntion to lands in such Gaon Sabha area, not being lands \nvested in the Central Government clause (a), sub- \nject to the modification that references therein to Gaon \nSabha and Gaon Panchayat shall bz construed as re- \nferences to the Central Government; \n(f) notwithstanding anything contained in clause \n(b) of sub-section (2) of section 1, the provisions of \nThe Dehi Land Reforms Act, 1954 113 \n(Chapter V-4aon Sabh and Gmn Pmhayat) \n(4) If only a prtion of a Gaon Sabha area ceases to \nbe included in rural areas as aforesaid the jurisdiction of \nthe Gaon Sabha constituted for that area shall cease in \nrespect of that portion and upon such cesser, the provisions \nof clause (a) to (f) d sub-section (3) shall apply to that por- \ntion as if the Gaon Sabha had been constituted for that \nportion alone and dissolved, subject to such incidental and \nconsequential orders as the Chief Commissioner may deem \nnecessary to make. \n(5) If the size of a Gaon Sabha is reduced as a result \nof a prtion thereof ceasing to be included in rural areas \nas aforesaid and the Chief Commissioner is of the opinion \nthat the size of the Gaon Sabha area is not sufficiently \nlarge to be under the jurisdiction of a separate Gaon Sabha, \nhe may. by notification in the OfEcial Gazette, declare that \nsuch Gaon Sabha area shall, from a date to be specified in \nthe notification, cease to be a separate Gaon Sabha area \nand the Gaon Sabha constituted there for shall stand dis- \nsblved and may direct that the said area shall be included \nin one or more adjoining Gaon Sabha areas. and thereupon \nblc the provisions of section 3 of the Delhi Panchayat Raj Act, \n3 of 1955. $954, shall, so far as may be, apply.] \n'[",
"footnote": "be prescribed, a Gaon having perpetual succession which \nshaq, be a body corporate and subject to any other enact- \n'?or the Delhi Land Reforms Rules 1954, see Notification No. F. 3(16)/54-GA&R, \nated the 11th November, 1954; Delh~ State Gazette, Part V, dated 20-1-1955, p. 27. \n*Subs. by s. E5 of Central Act 4 of 1959, for \"original proviro.\"\nsections 84, 85, 86, 86A and 87 and any other provi- \nsion of this Act relating to ejectment oC persons shall ap- \nply in relation to lands vested in the Central Govern- \nment under clause (a) subject to the modification that \nreferences therein to Gaon Sabha and Gaw Panchayat \nshall be construed as references to the Central Gov- \nunment . \n'Ins. by s. 23 of Central Act 38 of 1965 (w.e.f. 7-4-1958).",
"is_definition": false,
"sort_order": 1530
},
{
"number": "151",
"title": "Section 151. Membership of Gaon Sabha",
"chapter": null,
"content": "(1) All persons registered by virtue of the pro- Membership \nvisicns of the Constitution and the Representation of the ~~~~~nd \nPeople Act, 1950, as voters in so much of the electoral roll Constitution \nfor any parliamentary ccnstituency for the time being in of Gaon \nforre as relates to a Gaon Sabha Area shall be the nlem- Pancha~aL \nt'uers of the Gaon Sabha for that area. \nExp1mmtion.-In this sub-section, the expression \"Par- \nliamentary constituency\" has the meaning assigned to it \nunder the Representation of tle People Act, 1950. \n(2) Every Gaon Sabha shall have an executive body to \nbe known as the Gaon Panchayat. \n(3) A Gaon Panchayat shall consist of a Pradhan and \nsuch number d panches, not less than four and not nor$ \nthan ten, as the Chief Commissioner may fix from time to \ntime in this behalf. \n' (4) The Pradhan and the panches shall be elected by \nthe members of the Gam Sabha from among themselves. \n(5) The Chief Commissioner shall, by order in the Offi- \ncial Gazette, determine the number of seats, if any. reserv- \ned for women and the Scheduled Castes in each Gaon \nPanchayat : \nProvided that the number of seats so reserved for the \nScheduled Castes shall bear as nearly as may be the same \nproportion to the total number of seats in the Gaon Pan- \nchayat as the population of the Scheduled Castes in the \n'area d the Gaon Sabha bears to the total population of \n- such area3 - \n%bs- by s. 16 of CcntraI Act 4 of 1959, for \"original section\". \nT'e Ddhi hd Rei#~rm Adv 1954 \n(Chapter V-Ga Stzbha md Gmn Panchayat) \nUp-Pradhan",
"footnote": "from vesting in the Gaon Sabha under this section and may \nmake such incidental and consequential orders as may be \nnecessary. \n'Subs. hy s. 14 of the Central Act 4 of 1959, for the word \"is of unsound mind\". \nZRe-numbered and Ins, by s. 24 of Central Act 38 of 1965 (w.e.f. 7-4-1958). \n'Ins. by s. 16 of Delhl Act 16 of 1956.",
"is_definition": false,
"sort_order": 1540
},
{
"number": "152",
"title": "Section 152. Constitution of Gaon Panchayat",
"chapter": null,
"content": "15% The Chid Commissioner shall arrange for the \nand office eldon of the Uphdhan by the members of the Gaon \nbearers .Pz,n&ayat frm amongst themselves and for the appint- \nof Gaon men1 a£ such other officers or office bearers d the Gaon \nPanchayat. Panchayat as may be prescribed. \nDisqualifica-",
"footnote": "from vesting in the Gaon Sabha under this section and may \nmake such incidental and consequential orders as may be \nnecessary. \n'Subs. hy s. 14 of the Central Act 4 of 1959, for the word \"is of unsound mind\". \nZRe-numbered and Ins, by s. 24 of Central Act 38 of 1965 (w.e.f. 7-4-1958). \n'Ins. by s. 16 of Delhl Act 16 of 1956.",
"is_definition": false,
"sort_order": 1550
},
{
"number": "153",
"title": "Section 153. Duties of Gaon Panchayat",
"chapter": null,
"content": "No person shdl be entitled to be or remain a mem- \ntion for kr of the Gm Panchayat, if he- membership ' \nof the 1 \nGoan (a) '[ceases to be a member of the Gaon Sabha \nPanchayat. 4 \n4, . (b) is suffering from leprosy; or \nI (c) is an undischarged insolvent; or k \n(d) is a servant of the Government; or 1 \n(e) is convicted of an &Fence involving moral tur- \npitude or ordered to give security far good behavjour \nunder section 110 of the Code of Criminal Procedure, \n1 898 : \nProlrided that the disqualifications under clause \n(c) or (e} may be removed by an order of the Chief \nCommissioner or the prescribed authority. \nvesting of",
"footnote": "from vesting in the Gaon Sabha under this section and may \nmake such incidental and consequential orders as may be \nnecessary. \n'Subs. hy s. 14 of the Central Act 4 of 1959, for the word \"is of unsound mind\". \nZRe-numbered and Ins, by s. 24 of Central Act 38 of 1965 (w.e.f. 7-4-1958). \n'Ins. by s. 16 of Delhl Act 16 of 1956.",
"is_definition": false,
"sort_order": 1560
},
{
"number": "154",
"title": "Section 154. Vesting of certain lands in Gaon Sabha",
"chapter": null,
"content": "'[(l)] On the commencement of this Act- ' \ncertain \nlands etc. (i) an lands whether cultivable or otherwise, ex- \nin Grcon oept land for the time king comprised in any holding \nSabha. or grove, \n(ii) all trees (other than trees in a holding or on the \nboundary thereof or in a grove or abadi) 3[olr planted \nby a perm other than a proprietor on land other than \nland comprised in his holding], \n(iii} public wells, \n(iv) fisheries, \n(v) hats, bazars and melas, except hats, bazars and \nmehs hekl on land to which provisioas .of clauses (a) \nto (c) of sub-section (1) of section 11 apply, \n(vi) tanks, ponds, water channels, pathways and \nabadi sites, \n(vii) forests, if any. \nsituate in a Gaon Sabha Area, shall vet in the Gaon Sabha: \nProvided that if the uncultivated area situate in any \nGam Sabha area is, in the opinion of the Chief Commis- \nsioner, mole than the ordinary requirements of the Gaon \nWha, he may exclude any portion of the ancultivated area \nThe ;D&i Land Reforms Act, 1954 115 \n('chapter V-Gaon Sizbfra and Gaon Panchayat) \n'[(g Where any land which is vested in the Central \nGovernment under sub-section (3) or sub-section (4) d sec- \ntion 130, is held immediately bejore such vesting by anp \nAsami .of a Gaon Sabha, then, notwithstanding anything \ni \n, contain#d in clause (b) of sub-section (2) of section 1, and \nso long as it is held by suih Asami, the provisions of this \nAct shall continue to apply to such land subject to the modi- \nfication that all references therein to Gaon Sabha and Gacm \nPanchayat shall in relation to Gaon Sabha and Gaon Pan- \nchapat shall in relation to such land be construed as refer- \nences: t@ the Central Government.1",
"footnote": "from vesting in the Gaon Sabha under this section and may \nmake such incidental and consequential orders as may be \nnecessary. \n'Subs. hy s. 14 of the Central Act 4 of 1959, for the word \"is of unsound mind\". \nZRe-numbered and Ins, by s. 24 of Central Act 38 of 1965 (w.e.f. 7-4-1958). \n'Ins. by s. 16 of Delhl Act 16 of 1956.",
"is_definition": false,
"sort_order": 1570
},
{
"number": "155",
"title": "Section 155. Superintendence, management and control of land vesting in Gaon Sabha",
"chapter": null,
"content": "(1) Subject to the provisions of this Act, the Gaon Superinten- \nSatiha shall, from the date, this Act comes into force, be dence, \ncharged with the general superintendence. management and ~$~~~'~t \ncontrol of all lands, trees (other than trees in a holding, grove of land, etc. \nor abadi :[or planted by a person other than a proprietor by the Gaon \nm land other than land comprised in his holding]), public Sabha, or \nwells, fisheries, tanks, ponds, water channels pathways. b~?:::: \nabadi sites, and hats, bazars, melas, and forest. I£ any. Board \nvested in the Gam Sabha under section 154. other au- \nthorities. \n(2) Notwithstanding anything contained in this dnd the \nfixegoling section, the Chief Commissioner, may, at any time, \nby notification in the official Gazette declare that as from \n'the date to be specified hats, bazars, melas, and water chan- \nnels, hereinbefore vested in the Gaon Sabha, shall be trans- \n%exred to and be vested in the Dist~ct Board or any other \nauthorit3 as may be specified, who shall thereupon, not- \nwithstanding anything contained in this Act, be charged with' \nthe management, superintendence and control thereof in \naxard&-ce with the law as may be .applicable for the time \nbeing in force. \n-",
"footnote": "",
"is_definition": false,
"sort_order": 1580
},
{
"number": "156",
"title": "Section 156. Alternative arrangement for management",
"chapter": null,
"content": "Without prejudice to the generality of the provi- Duties of \nsions contained in sections 154 and 155, the functions and Gaon Pan- \nduties of Gaan Panchaya~ shall include- chayats. \nk \n(a) the development and improvement of agricul- \nture and hmticultare, \n(b) the preservation, maintenance and development \nof forest and trees, \n(c) the maintenance and development of abadi sites \nand village communications, \nI (d) the management of hats, bazars and melas. \nI, (e) the development of co-operative farming, \n)(f) the development d animal husbandry, which \nincludes pisciculture and poultry farming, and the deve- \nlophent of piggery, \n(g) the consolidation of holdings. - \n'Ins. by s. 24 of Central Act 38 of 1965 (w.e.f. 7-4-1958). \n?ns. by s. 17 of Delhi Act 16 of 1956. \nII' \n116 The DeEhi Land Reforms Act, 1954 \n1 (Chapter V-Gaon Stabha and Gaon Panehayat) I \n(h) the development of cottage industries; \n(i) the maintenance and development of fisheries, \nwells and tanks, and \nI ' \n(j) such other matters as may be prescribed. I \nTerm and",
"footnote": "",
"is_definition": false,
"sort_order": 1590
},
{
"number": "157",
"title": "Section 157. Term and other matters relating to Gaon Panchayat",
"chapter": null,
"content": "The term of the Gaon Panchayat, the method of fill- \nother mat- ing up casual vacancies, the procedure of its working and \nters about the conduct of its business shall be such as may be prescrib- the Gaon \nPancha- q. \nyat. \nMoney re-",
"footnote": "",
"is_definition": false,
"sort_order": 1600
},
{
"number": "158",
"title": "Section 158. Money received by Gaon Sabha to be credited to Gaon Sabha Area Fund",
"chapter": null,
"content": "There shall be crcdited to the Gaon Sabha Area \nceived Fund- \nby Gaon \nSabha or (1) all sums received by the Gaon Sabha or the Gaon Gaon Panchayat under this Act whether on its m chayat un- \nder this behalf or for and on behalf d all the adult membep \nAct to be of the Gaon Sabha Area, and \ncredited to \nthe Gaon \nSabha Area (2) such other sums as may be prescribed. \nFund. \nGaon Sabha",
"footnote": "",
"is_definition": false,
"sort_order": 1610
},
{
"number": "159",
"title": "Section 159. Gaon Sabha Area Fund to be kept in bank",
"chapter": null,
"content": "Notwithstanding anything contained in any law for \nArea Fund the time being in fonce, the Gaon Panchayat may utilize, in \nto be the manner prescribed. the Gaon Sabha Area Fund to meet lised in connection the charges in connection with the discharge of its duties \nwith this cr prformance of its functions under this Act ar rules made \n~ct. thereunder : \nProvided that nothing in this section or in any law for \nthe timz being in force, shall man or be construed to mean \nas authorising the Ga~n Sabha to so utilize any sums, col- \nlected or realised for and on behalf of the Government, ex- \ncept as specifically provided in this Act. \nGaon Sabha \nor the Gaon \nPanchayat \nto carry \nout orders \nand direc- \n'",
"footnote": "",
"is_definition": false,
"sort_order": 1620
},
{
"number": "160",
"title": "Section 160. Application of Gaon Sabha Area Fund",
"chapter": null,
"content": "1g0. (1) Notwithstanding anything contained in any \nlaw for the time being in force, the Chief Commissio~er may \nissue such orders and directions to the Gaon Sabha or the \nGaon Panchayat as may appear to be necessary for pur- \nposes of this Act. \ntions of \nthe Govern- (2) It shall be the duty of the Gaon Sabha or the Gaon \nment. Panchayat and its office bearers to forthwith carry out such \nordy and comply with such directions. \nAlternative",
"footnote": "",
"is_definition": false,
"sort_order": 1630
},
{
"number": "161",
"title": "Section 161. Alternative arrangement if Gaon Sabha fails to perform duties",
"chapter": null,
"content": "(1) If at the commencement of this Act, the Chief \narrangement Commissioner finds that there is an unavoidable delay in \nfor cawing bringing the provisions of thi?. Chapter into operatioa or \nzrLhtf if at any time the Chief Commssioner is satisfied that- \nthe Gaon \nSabha or \nthe Gaon \nPanchayat (a) a Gaon Sabha or a Gaon Panchayat has failed \nin certain without reasonable cause or excuse to discharge the \nclrcu,- , duties or to perform the functions imposed or assign- \nstances. -' ed by or under this Act. \n: \n(Chapter V--Gmn Sobha and Gaon Pmtchayat) \n(b) circumstances have so arisen that a Gaon Sabha \nor a Gaon Panchayat is rendered unable or may be \nrendered unable to discharge the duties or perform the \nfunctions imposed or assigned by or under this Act, or \n~(c) it is otherwise expedient or necessary so to do, \nhe may, by notification in the official Gazette, declare \nthat the duties, powers and functions of the Gaon Sabha \nor the Gaon Panchayat under this Act shall be discharg- \ned, exercised and performed by such person or autho- \n1' rity of a rank not inferior to that of Deputy Cmmis- \n, sioner and for such period 2nd subject to such restric- \ntions as may be specified. \n(2) The Chief Commissioner may make such incidental \nand consequential provisions as may appear to be necessary \nfor this purpose. \n*[",
"footnote": "or within such further period as the court may, for suflicient \ncause, allow, be set aside if in the revenue records ~f the \nfasli year ending on the 30th June, 1954, such land was \n'Ins. by s. 25 of Central Act 38 of 1965.",
"is_definition": false,
"sort_order": 1640
},
{
"number": "161A",
"title": "Section 161A. Government to be party in suits by or against Gaon Sabha",
"chapter": null,
"content": "Notwithstanding anything contained in the Code Government \nof 1908. d Civil Procedure, 1908, or any other law for the time be- of India to be im- ing in force :- pleaded \nDelhi (a) no suit or other proceedings under sub-section ii~ip \nAct 3 of (2) of section 36 of the Delhi Panchayat Raj Act, 1954, or against \n1955. shall after the date of passing of the Delhi Land Re- Gaon \nforms (Amendment) Act, 1965, be instituted or, as the Sabhas. \ncase may be, continued in any civil or revenue court \nunless the Union of India has been ~dded as a plain- \ntiff or defendant according as the case is by or against \nthe Gam Sabha; \n(b) no such suit or other proceeding shall be de- \ncided on the admission by the Pradhan or any repre- \nsentative of the Gaon Sabha with respect to the right \n131- title d any prson to the property in dispute, whether \nmade on his own motion or on the authority of a reso- \nlution of the Gaon Panchayat unless sach admission has \nbeen authorised in writing by the Directcr d Panchayats. \nDelhi or by such other officer as the Chief Commissioner \nmay specify in this behalf. \nDeM",
"footnote": "or within such further period as the court may, for suflicient \ncause, allow, be set aside if in the revenue records ~f the \nfasli year ending on the 30th June, 1954, such land was \n'Ins. by s. 25 of Central Act 38 of 1965.",
"is_definition": false,
"sort_order": 1650
},
{
"number": "161B",
"title": "Section 161B. Certain decrees and orders to be set aside",
"chapter": null,
"content": "(1) Where in any suit or pmceeding before any Certain de- \nAd of Civil or revenue court filed under sub-sectica (2) of section crees and 1955. 36 of the lkhi Punchayat Raj Act, 1954, the ownership of ~:~::s \nany land has been decided in favour of any person other aside. \nthan the Gaon Sabha before the date of passing of the Delhi \nLand Reforms (Amendment) Act, 1965, then, notwithstand- \ning anything contained in clause (b) of sub-section (2) of \nbection 1 or in any other law for the time being in force \n' such decree or order shall, on an application made by the \nGovernment of India within twelve months from that date \nThe Delhi Laid Reform Act, 1954 \n(Chapter VI--Cwperarive Farms) \nnot included in the holding uf the parson in whose favour \nthe decree or order was passed or hi& pmdecessm~in~interest \nor was not recorded as being in the cultivation of such person \nor his predecesscx-in-interest. \n(2) 021 the setting aside af any decree or order in any \nsuit or proceeding by or against the Gaon Sabha under sub- \nsection (I), such suit or prameding; shall be tried or heard \nafresh with the Union of India added as a party.] \n. \nPowers to",
"footnote": "or within such further period as the court may, for suflicient \ncause, allow, be set aside if in the revenue records ~f the \nfasli year ending on the 30th June, 1954, such land was \n'Ins. by s. 25 of Central Act 38 of 1965.",
"is_definition": false,
"sort_order": 1660
},
{
"number": "162",
"title": "Section 162. Power of Chief Commissioner to make rules",
"chapter": null,
"content": "The Chief Commissioner may make 'rules for \nmake the purpose of carrying into effect the provisions of this \nChapter. \nCa-operaive Farms \nPornation ' \nof",
"footnote": "",
"is_definition": false,
"sort_order": 1670
},
{
"number": "169",
"title": "CHAPTER VI - CO-OPERATIVE FARMS",
"chapter": "CHAPTER VI",
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 1680
},
{
"number": "163",
"title": "Section 163. Formation of co-operative farm",
"chapter": null,
"content": "Any ten or more members of a Gaon Sabha hold- \nco-opera- ing between them Bhumidhari rights in thirty standard acres \n~ve farm. or mole in the area d a Gam Sabha and desiring to start \na co-operative farm may apply in writing to the Registrar \nappointed under the Bombay Co-operative Societies Act, \n1925, as extended to the State (hereinafter referred to as the \nRegistrar) for the registration thereof. \nApplication",
"footnote": "",
"is_definition": false,
"sort_order": 1690
},
{
"number": "164",
"title": "Section 164. Application for registration of co-operative farm",
"chapter": null,
"content": "An application for the registration of a coopera- \nregistra- tive farm shall be acmmplanied by extracts from the rxord Qon. pf rights showing the total area with the recorded numbers \nof all the fields offered by each of the applicants in the \nGaon Sabha Area and shall contain such further pafticulars \nas may be prescribed. \nRegistration",
"footnote": "",
"is_definition": false,
"sort_order": 1700
},
{
"number": "165",
"title": "Section 165. Registration of co-operative farm",
"chapter": null,
"content": "(1) The Registrar may, if he is satisfied after such of the co- inquiry as may be prescribed that the application has been \nduly made, register the co-operative farm under the Bom- f ann. \ni \nbay Co-operative Societies Act, 1925, as extended to the \nState and grant a certificate of registration. I \n(2) The Registrar shall cause a copy of the certificate \nto be forwarded to the Deputy Commissioner for such action \nas may be prescribed. \nLand off-",
"footnote": "",
"is_definition": false,
"sort_order": 1710
},
{
"number": "166",
"title": "Section 166. Land offered for co-operative farm to be inspected",
"chapter": null,
"content": "When a co-operative farm has been registered \nered by under section 165, all land in the Gaon Sabha Area offered \na by a member, whether as Bhumidhar or by Asami, shall. to be transferred fdr SO long as the registration of the co~oprative farm is \nto the riot cancelled, be deemed to be transferred to and held by \nfarm. the co-operative farm which shall thereupon hold such land \nin accordance with the provisions of this Chapter, and may. \nnotwithstanding anything contained in this Act, use it far \nany purpose mentioned in section 22 or the development \nd cottage industries. - \n'For the, Delhi Land Reforms Rules, 1954, see Notification No. F. 3(16)/54-GAB& \ndated the 11th November, 1954 ; Delhi State Gazeae, Bart V, Mtl 20-1-1955, p. 27. \ni \ni \nt \nI' The DeIhi Land Reforms Act, 1954 \nt \n, (Chapter VI-Cfioprative Farms)",
"footnote": "",
"is_definition": false,
"sort_order": 1720
},
{
"number": "167",
"title": "Section 167. Formation of co-operative farm on direction of Deputy Commissioner",
"chapter": null,
"content": "Not less than two-thirds of the total number of Formation \n. pons other than those who have applied under section 163 $:gv; \n, holding Bhumidhari right in unsconomic holdings in a farm of \nGaon Sabha Area or holding between them not less than uneconomic \ntwo-thirds of the aggregate area comprised in all un-eco- holdings. \nnomic hddings in the Gaon Sabha Area may apply jointly \nto the Deputy Commissioner that a co-qxrative far~n be \nestablished, and on such apjAication the Deputy Commis- \nr sioner may, by notice, require all the Bhumidhars of the \nremainder of un-economic holdings in the Gaon Sabha Area \nto show cause why a co-operative farm comprised of all the \n2 land included in un-economic holdings in the Gaon Sabha \nArea be not established and constituted. \n\"",
"footnote": "",
"is_definition": false,
"sort_order": 1730
},
{
"number": "168",
"title": "Section 168. Hearing of objections on formation of co-operative farm",
"chapter": null,
"content": "(1) The Deputy Commissioner shall hear the ob- Disposal of \nI jection or objections of the tenure-holders who may desire obiectionr \nto be heard and after hearing them he shall, unless he is sd service \nsatisfied that it is not in the best interests of the persons the order. \naffxted, order that a co-operative farm consistin of all \n1 the land comprised in the uneconomic holdings in tte Ciaor, \nSabha Area be established. \n(2) Notice of an order passed directing a co-operative \nfarm to be established shall be served on every person affect- \ned and shall also be proclaimed in the Gam Sabha area in \nthe prescribed manner.",
"footnote": "",
"is_definition": false,
"sort_order": 1740
},
{
"number": "169",
"title": "Section 169. Appeal against order for formation of co-operative farm",
"chapter": null,
"content": "Any perm aggrieved by an order of the Depury Appeal. \nCommissioner under section 168 may appeal to the Chief \nCommissioner within sixty days from the date thereof and \nthe order passed by the Chief Commissioner in appeal shall \nbe final and conclusive.",
"footnote": "",
"is_definition": false,
"sort_order": 1750
},
{
"number": "170",
"title": "Section 170. Registration of co-operative farm on direction",
"chapter": null,
"content": "(1) Deputy Commissioner shall cause a wpy Registration \nof the order passed under section 168 or 169 directing that ~~~~i.~- \na co-operative farm be established to be forwarded to the farm of \nRegistrar, who may thereupon register the farm under thn unecono- \nBmbay Co-operative Societies Act, 1925, as extended to michold- \nthe State, and if he agrees to do so, shall grant a certificate \n' of registration. \nP \n(2) The Registrar shall wuse a copy of the certificate \n, to be forwarded to the Deputy Commissioner for sucl~ ac- tion as may be prescribed.",
"footnote": "",
"is_definition": false,
"sort_order": 1760
},
{
"number": "171",
"title": "Section 171. Land in co-operative farm to be managed as single unit",
"chapter": null,
"content": "When a co-operative farm has been registered Land in \nunder section 170, all land comprised in the uneconomic zFfOE \nholdings in the Gaon Sabha Area held by any Bhumiaar ioes to be \nor an Asami under him shal1,'for so lcmg as the registratim t ransferred \naf the co-operative farm is not cancelled, be deemed to to the fam \ntransferred to and held by the 8s-operative farm which shall \nthereupon hold such land in accordance with the provisions \nof this Chapter and may, notwithstanding anything contain- \ned in this Act, use it for any purpose mentioned in sation \n22 or the development of cottage industries, \neonsequ-",
"footnote": "",
"is_definition": false,
"sort_order": 1770
},
{
"number": "172",
"title": "Section 172. Consequences of registration of co-operative farm",
"chapter": null,
"content": "Whencs certificate of registration in respect of any \nences of co+perative farm has been granted under section 165 or 170 \nregistra- the provisions of the Bombay Co-operative Societies Act. tion. 1925, as extended to the State, shall, in so far as they are \nnot inconsistent with the provisions of this Act or rules \nmade thereunqqr, be applicable thereto. \nI \"BP- aws of",
"footnote": "",
"is_definition": false,
"sort_order": 1780
},
{
"number": "173",
"title": "Section 173. Bylaws of co-operative farm",
"chapter": null,
"content": "EV&' application submitted under section 163 or p?jam. 167 shall be acwmpanied with a copy of the proposed bye- \nlaws d the copperative farm and such bye-laws shall be \n'fa deemed to belthe bye-laws required to be filed under sub- \nsection (3) of $ection 9 of the Bombay Co-operative Societies \n:. Act, 1925, as &t nded to the State. P \nLand contri-",
"footnote": "",
"is_definition": false,
"sort_order": 1790
},
{
"number": "174",
"title": "Section 174. Land contributed to co-operative farm to continue to vest in owner",
"chapter": null,
"content": "Nothidg in this Chapter shall bz construed to mean \n;:i~~ lEthe that the interesttof a Bhumidhar in the land contributed tc \ncontinue the csoperative farm by or on his behalf has ceased to vest \nto vest in in him- \n,the Bhumi- ) \nBhar there- + \nof. / \nDisposition",
"footnote": "",
"is_definition": false,
"sort_order": 1800
},
{
"number": "175",
"title": "Section 175. Disposition of land in co-operative farm",
"chapter": null,
"content": "(1) No' member of a cooperative farm shall, ex- \nof cept as provided in sub-section (21, be entitled to make any \nb$:d ~2; disposition of any land contributed by him to the farm. \nfarm. (2) Every member of a cwperative farm, who is a \nBhumidhar of ary land contributed by him to the co-opera- \ntive farm, may make a testamentary disposition of such lan~, \nand with the permission of the co-operative farm, any other \ndisposition. Such permission shall not be withheld if th:: \ntransferee is willing to join the farm. \nRights, pri-",
"footnote": "",
"is_definition": false,
"sort_order": 1810
},
{
"number": "176",
"title": "Section 176. Rights, privileges and duties of members",
"chapter": null,
"content": "~vefi member of a co-operative farm shall be en- \nvileges, obli- titled to such rights and privileges, be subject to such obG- \ng2;,??ff gations and liabilities, and be bound to discharge such duties \nrpembers. as may be conf$red or imposed upon him by or under this \nAct. \n/ \n-1 \nit \nLiability on",
"footnote": "",
"is_definition": false,
"sort_order": 1820
},
{
"number": "177",
"title": "Section 177. Liability on land revenue of co-operative farm",
"chapter": null,
"content": "The 'c operative farm, shall, as from the date it \nthe Farm to is constituted, b ? liable for the payment of all the land reve- \npay land nue, cesses, local rates or rent payable by the Bhumidhar or \nrevenue and Asami in respect of the land, held by it under section 166 or other dues. 171. I \nI' \n/?&ion",
"footnote": "",
"is_definition": false,
"sort_order": 1830
},
{
"number": "178",
"title": "Section 178. Admission of new members to co-operative farm",
"chapter": null,
"content": "(1) Any person, who is a resident of the Gaon , \nSabha Area where the cwperative farm is situate or who embers intends to settle down in the Gaon Sabha Area ol. who * cultivates land therein, may be admitted as a member there- \nof upon such tkrms and conditions as may be laid down \nby the farm. \nI \n(2) Wheq a member, whose land is held by a co-opera- \ntive farm, dies, bs heirs under this Ac$ shall become mem- \nI bers of the cosperative farm. \nthe \n%3 Cd \nres \nfici \n-' '4 \nbe \nthr \nwi \na \nwl \n, hi: \nri! \n* \n- \n'For Velh \nhhe 11th Nov \nThe Delhi Lrand Reforms Act, 1954 121 \n(Chapter VI-40-operative farms. Chapter VII- \ni !* Miscellaneous)",
"footnote": "",
"is_definition": false,
"sort_order": 1840
},
{
"number": "179",
"title": "Section 179. Concessions and facilities for co-operative farm",
"chapter": null,
"content": "(1) A co-operative farm shall be entitled to such Concessions \n~conmssions and facilities as may be prescribed. and facili- \nties for \n(2) Without prejudice to the generality of the foregoing :t$ec:'~$y \n. j provisim, the concessions and facilities may include- \n(a) reduction of land revenue, \n(b) reduction of or exemption from any tax on \nagriculture, \n(c) fr5e technical advice from experts employed \nby the Government on farming and use -of mechanical \n'S aids, \n, (d) financial aid and grant of subsidy and !oans \n). with or without interest, including loans for purchase \nB of agricultural machinery such as tractors, etc., \nR (e) admission to land by the Gaon Sabha, \nY (f) priority in irrigation from State irrigation works. \nand \n(g) priority in consolidation proceedings.",
"footnote": "",
"is_definition": false,
"sort_order": 1850
},
{
"number": "180",
"title": "Section 180. Power of Chief Commissioner to make rules",
"chapter": null,
"content": "The Chief Commissioner may make 'rules for the Power to \nd purpose of carrying into effect the provisions of this Chapter. make rules. \nI \nI \nCHAPTER VIi \nMisceilmteous",
"footnote": "",
"is_definition": false,
"sort_order": 1860
},
{
"number": "188",
"title": "CHAPTER VII - MISCELLANEOUS",
"chapter": "CHAPTER VII",
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 1870
},
{
"number": "181",
"title": "Section 181. Delegation of powers by Chief Commissioner",
"chapter": null,
"content": "The Chief Commissioner may, by notification in zlegation \nthe official Gazette, delegate to any officer or authority sub- powers. \nordinate to him any of the powers conferred on the Chief \nCommissioner by this Act to be exercised subject to any \nrestrictions and conditions as may be specified in the noti- \nfication.",
"footnote": "",
"is_definition": false,
"sort_order": 1880
},
{
"number": "182",
"title": "Section 182. Powers of officers to enter upon land",
"chapter": null,
"content": "Subject to any conditions or restrictions that may Powers to \nbe prescribed, any &cer appointed under this Act may, for \nthe purposes of this Act, enter at any time up any land to make \nwith such public servants as he considers necessary and make survey etc. \na survey or take measurements thereof or do any other act \nwhich he considers to be necessary for carrying out any of \nhis duties under this Act.",
"footnote": "",
"is_definition": false,
"sort_order": 1890
},
{
"number": "183",
"title": "Section 183. Mode of service of notice",
"chapter": null,
"content": "Any notice or other document required or autho- Mode of \nrised to be served under this Act may be .Sewed either- service of \nnotiae. (a) by delivering it to the person on whom it is to \nbe served, or \n(b) by leaving it at the usual or last known place \nof abode of that person, or \n(c) by sending it in a registered letter addressed \nto that person at his usual or last known place of abode, \nOT \n'For Delhi Land Reforms Rules 1954, see Notification No. F. 3(16)/54-GA & R, dated \n#e 11th November, 1954; Ddhi State Gazette, Part V, dated 20-1-1955, p. 27. \nI, \nThe Delhi Land Rejmms, kt* 1954 \n(Chapter VIZ-Misceheous) \n(d) in case of an incorporated company or body, \nby delivering it or sending it in a registered letter ad- \ndreped to the Secretary or other principal functionary \nof the company or body at its principal oae, or \n, (e) in such other manner as may be laid down in \nthe Code of Civil Procedure, 1908. \nIuspection",
"footnote": "",
"is_definition": false,
"sort_order": 1900
},
{
"number": "184",
"title": "Section 184. Inspection and copies of documents, statements and registers",
"chapter": null,
"content": "All documents, statements and registers maintain- \n.-r \n\"1 - and coPles ed upder this Act or the rules framed thereunder shall be \nof \ndocuments, open to inspection during such hours and subject to such \nstatements cond'tions, and payment of fees, as may be prescribed, and \nand regis- any &%son shall. on payment of such, fees, be entitled to be \nters. \"8 ,, furni 4kd with a copy of or any portion of any such docud \n.% \", ment, t s!atement or register. \n54 -. Cognizance",
"footnote": "",
"is_definition": false,
"sort_order": 1910
},
{
"number": "185",
"title": "Section 185. Cognizance of suits, etc. under this Act",
"chapter": null,
"content": "(1) ~ice~t as provided by or under this Act no Pi * \n1 Of suits, etc. court ;other than a court mentioned in column 7 of Schedule under this \nAct. contained in the Code of \nr of any suit, applica- \n(2) Except as hereinafter provided no appeal shall lie \nfrom an order passed under any of the proceedings men- \ntioned in column 3 of the Schedule aforesaid. \n(3) An appeal shall lie from the final order passed by \na court mentioned in column 7 in the proceedings mention- \ned in column 3 to the court or authority mentioned in colu~nn \n8 thered. \n(4) A second appeal shall lie from the final order pass- \ned in an appeal under sub-section (3) to the authority, if any, \nmentioned against it in column 9 of the Schedule aforesaid. \nProcedure",
"footnote": "",
"is_definition": false,
"sort_order": 1920
},
{
"number": "186",
"title": "Section 186. Procedure when question of title is raised",
"chapter": null,
"content": "(1) Notwithstanding anything contained in section \nwhen clues- 185, if in any suit or proceedings mentimed in column 3 of \n~P~a~~~le Schedule I, a question is raised regarding the title d any \npatp to the land which is the subject matter of the suit or \nproc~eding and such question is directly and substantially \nm is$& the Court shall, unless the question has already been \ndecirfeq by a competent Court, frame an issue on the ques-, \ntion %,the title and submit the record to the competent civil \n$ court fo~ the decision of that. issue only. \n9. \nl$x~Ion&ion.-A plea regarding the title to the land \nwhich is clearly untenable and intended solely to oust the \njurisdiction 05 the revenue murt shall not be deemed to raise \na question. regarding the tide ta the hd within the mean- \ning of this section. \n(2) The civil court, after refraining the issue, if neces- \nsary, shall decide such issue only and &urn the record to- \ngether with its finding thereon to th~ revenue court which \nsubmitted it. \n(3); The revenue caurz snau rnen proceed to decide the \nsuit, accepting the finding d th0 civil cout cm the issue re \nferred to it. \ni \nThe Deihi Land Reforms Act, 1954 \n(C?aszpter VZZ-Misnelb~ovs] \n(4) An appeal from a decree of a revenue mart in n \nsuit or proceeding in which an issue regarding title has \nsixen desided by a civil court under sub-section (2) shall lie \nto the civil court which having regard to the valuation d \nthe suit has jurisdiction to hear appeal from the Court to \nwhich the issue of title has been referred.",
"footnote": "",
"is_definition": false,
"sort_order": 1930
},
{
"number": "187",
"title": "Section 187. Power of Chief Commissioner to call for record",
"chapter": null,
"content": "The Ckief Commissioner may call for the record Power of \nof any suit or proceeding referred to in Schedule I decided \nby any su5wdinate court in which no appeal lies, or where ,, ~1 f, \nan appeal lies but has not been preferred, and if such sub cases. \nordinate court appears- \n(c) to have acted in the exercise of jurisdiction il- \nlegally or with claterial irregularity. \nthe Chief Commissioner may pass such order in the \ncase as he thinks fir.",
"footnote": "",
"is_definition": false,
"sort_order": 1940
},
{
"number": "188",
"title": "Section 188. Protection of action taken in good faith",
"chapter": null,
"content": "(1) No officer or servant of Government shall be Protection \n&able in any civil or criminal proceeding in respect of any s2:- \nact done or purporting to be done under this Act or under der this \nany rule made thereunder, if the act was done in good faith Act \nand in the course of execution of duties or the discharge \nof functions, imposed by or under this Act. \n(2) No suit or other legal proceeding shall lie against \nthe Chief Commissioner for any damage caused or likely to \nbe caused or any injury suffered or likely to be sufTered by \nvirtue of any provisions of this Act or by anything done or \nintended to be done in good faith in pursuance of this Act \nor any rules made thereunder.",
"footnote": "",
"is_definition": false,
"sort_order": 1950
},
{
"number": "189",
"title": "Section 189. Abolition of right of pre-emption",
"chapter": null,
"content": "tarily or under order of court. \n(2) Ald suits for pre-emption pending in respect of any \nsuch property in any Court whether of the first instance or \nappeal or revision shall stand dismissed, but award of the \n+ msts incurred in any such suit shall be in the discretion of \nthe caurt. \n(2)",
"footnote": "",
"is_definition": false,
"sort_order": 1960
},
{
"number": "190",
"title": "Section 190. Application of General Clauses Act",
"chapter": null,
"content": "The provisions of the General Clauws Act, 1897 lo \n1S97' shall mutotis mutondis apply, as far as may be, u, this Aa in the same manner as they apply to a Central Ad. \n124 The Delhi Umi Reforms Acl, 1954 \n'-(C?wpter VIZ-Miscellaneous) \nRules in",
"footnote": "",
"is_definition": false,
"sort_order": 1970
},
{
"number": "191",
"title": "Section 191. Rules in general",
"chapter": null,
"content": "(1) Every power to make 'rules given by this \ngeneral- Act shall be deemed to include the power to provide for- \n(a) imposing limits of time within which things \nto be done for the purposes of the rules must be done, \nany authority therein specified \nthe procedure to be followed in suits, appli- \nd other proceedings under this Act, in cases . \nno specific provision has been made herein; \nC) the duties of any officer or authority having \njdsdiction under this Act, the procedure to be follm- \ned~ by such officer and authority; \nL(d) the time within which applications and appeals \n9 be presented under this Act, in cases for which \n'specific provision in that behalf has been made \nhereh: \n' {e) the fees to be paid in respect of appeals and ' \na&lications under this Act, in cases for which no speci- \nfic provision in that behalf has been made herein; \n(0 the application of the provisions of the Indian \nLimitation Act, 1908, to applications, appeals and pro- \nceedings under this Acr, other than those mentioned \nin Schedule I; \nthe delegation of powers conferred by this Act \non thi Chief Commissioner or any other authority, \nofficer or person; and \nkh) the transfer d proceedings from one authority \nor oflicer to another. \n(2) All rules made under this Act shall be published in \nthe Officiil Gazette, and shall, unless some later date is \nappointed, come into force on the date of such publication. \n'[@)c rules made under this Act shall be laid for not less thirty days before both Hwses of Parliament \nas soon as possible after they are made and shall be subject \nto such modifications as Parliament may make during the \nsession in which they are so laid or the session immediately \nf ~ll~win~;.]i",
"footnote": "",
"is_definition": false,
"sort_order": 1980
},
{
"number": "192",
"title": "Section 192. Saving",
"chapter": null,
"content": "Saving. 1qNothing contained in this Act shall apply to any \nland w '& is evacuee property as defined in the Adminis- \ntratim O$ Evacuee Property Act. 1950, except in the fold 31 of 1950. \nlowing cases : - \ni- \n(1) Evacuee land held by tenants under lease or \nagreement entered into befme the 15th day of August \n19471 and \n(2) Evacuee's share in lands of common utility \nwhlch\"wou1d vest in the Gacm Sabha. \n*For Delhi Land Reforms Rules 1954, see Notification No. F. 3(16)/54, GA & R, dated \n&e 11th November, 195% ; Delhi State Gazette, Part V, dated 20-1-1955, p. 27. \n%a. by s. 19 of Ctptd Act 4 of 1959. \ni",
"footnote": "",
"is_definition": false,
"sort_order": 1990
},
{
"number": "201",
"title": "SCHEDULE I",
"chapter": null,
"content": ", b T& De&i \nt Land Reform Act, 1954 \n~~ULE Q \n4 \nm .- 5 5 \n2 ', \n0, a \ns 5 &wig 2 g 2 \nY42Q.. \nC moo 0 w \n,s, 0 \n8~ -18 *=a ,, 88 <t?; *g & - \niO \"U2 \ng s k3a EI*U \n\":& r'c.s CJ\\o\"% \nQ w \na:= *? \"8 8.8 ol \n2% 48 -so Ah$ \n5% ea - ... -0.2 \nBE .Z .$&$ 2-' yzt$ \n-- \n? \n- --- \n1 \na - - - \nf \n126 The Delhi Land Reforms Act, 1954 \n12 ' < . ' \n. .. -- 3, 4' 5 6 8 , -gL \n--- , -- # - -. 7 \n-I- \n. * \n, w------% - \nY \n12 62 , . . Application for aurreade~~ . - fiOne 4 .. -. None '[Rae 1 -25 P] ~ahsildar Deputy. (=om- . \n13 64 . . Application for service of notice D~, Do. mlssloner \n!n respect of abandoned hold- Do. Do. - - \nDo. . . - ~ng. \n'13A 6SA . (i) Proceedings for leasing land DO. \non behalf of Bhumidhar under ,Do. Nil Deputy Corn- Chief Com- \nclause (i) or clause (ii) of sub- mlssloner missioner \nsection (4) or under sub-section \n: .. . (5). \n(ii) Proceedings for terminatin the DO. Do. \nlease under clause (ii) or cfause Do. Do. Do. \n(iii) of sub-section (4) or under \nsub-sect~on (5). \n(iii) Proceedings for declaring the DO, \nlease to be Bhumidhar and ex- Do. Do. Do. Do. \ntinguishing the interest of the \noriginal Bhumidharunderclause \n(a) of sub-section (6). \n(iv) Proceedings for termination of DO. Do. \nlease and for fresh lease of land Do. Do. Do. \nunder clause (b) of sub-section \n(6). \n14 69 . Application get land by lf %on an Asarni Sabha fails to Six months . From the date of ertinc- Ra. 1-25 P Revenue' Dcpytr Corn tion. Assistant rnlss~oner \n.\". \n'1 5 . . (I) Application for canceltation of Six months . Prom the date of order &. 1-25 p hpuly order of .Gaon Sabha relating of Goan Sabha. Chief \nto admis81on of a person to Oommissi- Commissi- \n- . . ... \n'Ins. by S. 26 of Central Aat 3A nf 1QM ---_ \nI \n---- -\" -a \n'Subs. by S. 26 of central Act 38 of 1965. \nC \nhP \n4 \nI \n, / / \n16 1[77(1)(a)] Suit for ejectment of Asami . One year read with \nSection 69 \nI \nC \n1 h) \nQ) \n1 2 3 4 5 6 7 8 9 \n- -. \n(it) Proceedings by D:puty Coqrmis- Six manths When !he D~uty Com- Nil ~3put Chief . . \nsionor fcr such cancel!,ntton, . r mlsstoner first knew commrs- ~ommis- \nof the irregdlrcrallot- I\" -sioner stoner - - \n\".c 4 - . .- -- +yw--m.. ,mOQt. .*. --..->- ). .. a-L=- . B ' \nFrom the date of extinc- '[Rs. 1.25 PI \ntion of the rights of \nBhumidhar or Asami. \n.- \n'[77(1) (b)l Do. Do. read wlth \nSection 6(a) \n(i) & (ii) \nProm the commence- Do. \nment of this Act where \nthe cause of actton \narose under Section \n77(b) before the date \nof commencement of thisAct andinall other \ncases from the date on \nwhich the cause of \nRevenue \nAssistant \nDo. \nDeputy Commis- \nsioner \nDo. \naction arose \nDo* Do. \nc3 \nl[77 (1) (41 Do. None None . . . . DO. .. e! 2 \nread with \nSection 6(a) (iii). \nc. \n1r77 (1 1 (\"11 nn. DO. DO. DO. Do. Do. . . tn I V) \n(;? . \\- # ,--,., --. \nread wth Sec- \ntion 6(b) \n- (4 \n* 77 (1) (ell Do. hi) read \nwith Sec- \nTwo year8 ' From the date of deter- Do. \nmination of disability. \nDo. Do. \nI \n\" I \n'1, \n? \nThe Dethi Land Reforms Act, \nw~mt.3 a \n- Y \n4- . , W \n5 6 7 8 9 a \n-- ---- \n(i) by a Bhurnidhar declared Three yeara . From the dateofissue of As in the Co- Revenue Deputy . . . under Ghapter III .of the the prescr~bed dsclara- urt Pee Act, Assistant Commi- \n4ci or by an Asaml falling tIon f~m to thetenure 1870. r ssioner. \nbolder or .the - sub- . . under section 6 of the Act *. \", - \nwhere such unlawful oc- tenure-holder con- * *. \ncupant was In possession of cerned. \nthe land before the issue of \nthe prescribed declaration Y \n(ii) by a Sabha where Do. , From the date of consti- Do. Do. Do. . . % \nthe unlawful occupant was tution of Gaon Pan- chayat under section \nP \nin possession of the land be- \nfore the constitution of aaon 151. 2 \n(iii) by a Bhumidhy, Asami or PO. . From the 1st of July fol- Do. Do. Do. . . \nGaon Sa3ha ~n any other lowing the date of \ncase. occupation.] \n1[19A 85 . . Suit for ejectment of a person refe- Three Years . From the date of pass- .'[As in the Do' Do. \nrred to in the first proviso. ing of the Delhi Land Court fee Reforms (Amendment) Act, 1870.1 \nAct, 1965. \n20 86 . . Suit for ejectment of a Bhurnidhar one year . 'From the dateofacquir- DO. DO. Do, . . \nto whom clause (i) of Ssction inp Bhumidharirights. \n85 applies. \nSi P \n' '[ZOA 86A . Proceedings for ejectment of per- Same . as that Same as that provided Nil Do. Do . . \nsons occupying land without provlded for for a suit under sec- \na suit under tion 84, 85 or -86, M \nsection 84, 85 the case may be. \nor 86. as the \n. case may be. , \n-I_----LYI- ---... - -- ---.-I. - . . .---- I. \n*Ins. by S. 26 of Central Act 38 of 1965. \nT - - +- \n/ \n/ \n-- -----.. . , .-. . - . , , -. ., -. . --- ----- - . - ... \n'121 87 . . Suit for ejectment of person from Three years . From the date of consti- '[As in the Revenue \nlands of public utility. tution of Gaon Pancha- Court Fee Assistant \nyat under section 151.1 Act, 1870.1 \n22 88 . . Objection of an Asami against One year . From the dateof fixation 1.25 PI Do. \nthe fixation of rent by Gaon of rent. ' \nSabha or land holder. \na 23 89 . . Application against variation of One year . From the date of varia- As in the Do. \nrent. tion. Court Fees \nAct, 1870. \nDeputy Chjef chm- \nCornmi- mlssloner. \nssroner \nDo. . . \nDo. . . 2 2 \n24 90 . . Suit for determinationof rent and During the pe- Date of occupation . Do. Do. Do. . . \nfor arrears of rent. riod of occu- \npation or \nwithin three \nyears after \nI the exnirv - r -. of such pe- \nriod. \n. . \n25 93 . . Suit for commutation of rent . Do. Do. Do. Do. Do. . . g. I \nC \nw \nTahsildar Do. , , VI 26 95 . . Application for recovery ofarrears .Three years . Three months after the , . Do. . . P \nof rent and ejectment in default. date the rent becomes \ndue. \n27 102 . . Suit for recovery of irrigation dues. ' ,Do. From thedateof delivery Do. Do. Do. , . \nof Jamabandi. \nI \n~ c -28 104 . . -Declaratory suit . , . . None . #. None . . . . '[Rs. 1-25 PI Revenue &. ' Chief: Cop. Aqqistant. m~ssloner. . - -- . . - -- - - - - - .. - . - - - -. - - - * . - . - - -- . - .\" - - ..--.\"-.. .-\" . - ----- ----.-..-.--. --.-...---- -- \nA \n'Subs. by S. 20 of Central Act 4 of 1959 for original ently. F \n\"ubs by, s. 26 of Central Act, 38 of 1965. \nW \nC \nI \nC ..I \n1 , , Application for v&~iJion af land- . . . . . . As in the Revenue -d&iputy . . \nrrvrnnr -,. Court Fces Assistant Commfssi- \nI \n.\".\"Y\"-. \nAct, 1870. oner \nln *A? A.\\nlicltinn hv n E'lurnidhar or Tnree yews . Prom the date of the ar- DO. DO. DO. . . .I\" IT* . . '.L.,.------..-- - , - - . - -. -- - .. -. - - - . -- \nothers for reimbursement of rears become due. \nland revenue. w \n3% 167 . . Application . by tenure-holder of None . . None . . . . Nil. Deputy. Chief Com- . . \n~lnernnnmrn hnldina fnr fnrma- ~omml~si- mlssloner. Y -----.... - -.------- ----- \n+inn nf n PA-nwrntive Farm. oner. a",
"footnote": "",
"is_definition": false,
"sort_order": 2000
},
{
"number": "202",
"title": "SCHEDULE II",
"chapter": null,
"content": "Stay of suits and proceedings\r\na \r\nSection 20-21 \r\n(i) Appointment of Lambardars under sektion 45 of Land Reyenue Act, U.P., 1901, or appointments of \r\nHeadman, Zaildar or Inamdars under sectim 28, Pun- \r\njab Land Revenue Act. 1887. \r\n(ii) Partition or Union of Mohals under Chapter W, Land Revenue Act, U.P., 1901, or Partition of \r\nLand under Chapter IX, Punjab Land Revenue Act, \r\n1887. \r\n(iii) Suits, applications or prowdings (including appeals, reference and revisions) relating to or pending \r\nunder :- \r\n&a Tenancy Act, 1901 Punjab Te~ncy Act, 1887 \r\nt Section 31. Remedies against Section 60, Irregular Transfer of \r\nillegal sublease. occupancy rights. \r\n2. Sections 52 and 53, Corn- Sections 13. 20 to 23, Commuta- \r\nmutatlon, abatement or tion, abatement or enhance- \r\nenhancement of rent. ment of rent. \r\n3. Sections 57 (b), (c) and (d) Sections 39, 40 and 41, Eject- \r\nand 58, Ejectments. ments- \r\nexcept againstthose persons who are Asamis of the land referred to \r\nin clause (6) of section 77 of Delhi Land Reforms Act, 1954. \r\n4. Section 85, Notice of sur- Settion 36, Notice of surrender \r\nmder through Tehsildar. through Revenue Officer. \r\n5. Section 94, Disputes as to Disputes arising from right to \r\nright to make improve- make improvements under \r\nment. sections 61 to 68. \r\n6. Section 96, Right to writtea \r\nleases or counterparts. \r\n7. Section 150, Resumption of \r\noi assessment of rent or \r\nrevenue on rent-free grants. \r\n8. kction 155, Ejectment when . . \r\ntent-free grant is resumed.",
"footnote": "",
"is_definition": false,
"sort_order": 2010
}
],
"metadata": {
"Act ID": "195408",
"Act Number": "8",
"Enactment Date": "1954-07-20",
"Act Year": "1954",
"Short Title": "THE DELHI LAND REFORMS ACT, 1954",
"Department": "Delhi Legislative Assembly",
"Type": "STATE",
"Location": "Delhi"
},
"updated_at": "2026-09-29 21:52:35"
}