DELHI LAND REFORMS ACT, 1954

Preamble 1 - DELHI LAND REFORMS ACT, 1954

THE DELHI LAND REFORMS ACT, 1954

[Act, No. 8 of 1954)

[20th July, 1954]

PREAMBLE

An Act to provide for modification of zamindari system no as to create cm uniform body of peasant proprietors without intermediaries, for the unification of the Punjab and Agra systems of tenancy taws in force in the State of Delhi and to make provision for other matters connected therewith.

BE it enacted by the State Legislative Assembly as follows:--

Section 1 - Short title, extent and commencement

(1)     This Act may be called the Delhi Land Reforms Act, 1954.

(2)     It extends to the whole of the Union territory of Delhi, but shall not apply to--

(a)      [1][the areas which are or may before the first day of November, 1956 be][2][***] included in a Municipality or a Notified Area under the provisions of the Punjab Municipal Act, 1911, or a Cantonment under the provisions of the Cantonments Act, 1924,

(b)      [3][areas] included in any estate owned by the Central Government or any local authority, and

(c)      areas held and occupied for public purpose or a work of public utility and declared as such by the Chief Commissioner or acquired under the Land Acquisition Act, 1894, or any other enactment other than this Act, relating to acquisition of land for a public purpose.

(3)     It shall come into force at once.

(4)     The declaration of the Chief Commissioner under clause (c) of sub-section (2) shall be conclusive evidence that the land is held and occupied for a public purpose or a work of public utility.

Section 2 - Repeal

(1)     The following Acts, in so far as they apply to areas to which this Act extends, are hereby repealed:--

(i)       the Punjab Tenancy Act, 1887, as modified by Punjab Act No. 9 of 1939,

(ii)      the Agra Tenancy Act, 1901,

(iii)     the Punjab Tenants (Security of Tenure) Act, 1950,

(iv)    the Punjab Land Revenue Act, 1887, in so far as its provisions are inconsistent with this Act,

(v)      The U.P Land Revenue Act, 1901, in so far as its provisions are inconsistent with this Act, and

(vi)    so much of any other law or of any rule having the force of law for the time being in force as is inconsistent with the provisions of this Act.

(2)     Notwithstanding such repeal, anything done or action taken in exercise of any power conferred by or under any of the Acts aforesaid, to the extent of its being consistent with the provisions of this Act, shall be deemed to have been done or taken in exercise of the powers conferred by or under this Act as if this Act was in force on the day on which such thing was done or action was taken.

Section 3 - Definitions

In this Act, unless the context otherwise requires,--

[4] [(1) "agricultural year" or "fasli year" means the year commencing on the Ist day of July and ending on the 30th day of June;]

(2) ?all words and expressions used to denote the possessor of any right, title or interest in land, whether the same be proprietary or otherwise, shall be deemed to include the predecessors and successors in right, title or interest of such possessor;

(3) "charitable purpose" include relief to the poor, education, medical relief or the advancement of any other object of general public utility, but does not include a purpose which relates exclusively to religious teaching or worship;

(4) "decree" has the meaning assigned to it in the Code of Civil Procedure, 1908;

[5] [(5) "Delhi town" means the areas which immediately before the establishment of the Municipal Corporation of Delhi were included in the limits of Delhi Municipality, Civil Station Notified Area, West Delhi Municipality and the Fort Notified Area;]

[6] [(6) "Deputy Commissioner" includes--

(i)       a Collector;

(ii)      an Additional Collector;

(iii)     a Revenue Assistant empowered by the Chief Commissioner by notification in the Official Gazette to discharge all or any of the functions of Deputy Commissioner under this Act; and

(iv)    an Assistant Collector of the first grade or class empowered as aforesaid;]

(7) ?"economic holding" is a holding which is not an un-economic holding;

(8) "estate" means the area included under one entry in any of the registers prepared and maintained under clause (a), (b), (c) or (d) of section 31 of the Punjab Land Revenue Act, 1887, or section 32 of the U.P. Land Revenue Act, 1901, and includes share in or of an estate;

(9) "Gaon Sabha Area Fund" means the fund of the Gaon Sabha Area constituted or established under section 150 of this Act;

(10) "Gaon Sabha" and "Gaon Panchayat" mean the Gaon Sabha and the Gaon Panchayat established under sections 150 and 151 respectively of this Act;

(11) "Gaon Sabha Area" means the Gaon Sabha Area constituted under section 150 of this Act;

[7] [(11a) "holding" means--

(a)      in respect of--

(i)       Bhumidar or Asami; or

(ii)      tenant or sub-tenant under the Punjab Tenancy Act, 1887, or the Agra Tenancy Act, 1901; or

(iii)     lessee under the Bhoodan Yagna Act, 1955, a parcel or parcels of land held under one tenure, lease, engagement or grant; and

(b)      in respect of proprietors, a parcel or parcels of land held as "sir or khudkasht"].

(12) "improvement" means with reference to a holding--

(i)       a dwelling house erected on the holding by the tenure-holder for his own occupation or any other constructions erected or set up by him on the holding for purpose connected with agriculture, horticulture or animal husbandry which includes pisciculture and poultry farming;

(ii)      any work which adds materially to the value of the holding and is consistent with the purpose aforesaid, which if not executed on the holding, is either executed directly for its benefit or is, after execution, made directly beneficial to it; and subject to the foregoing provisions of this clause, includes--

(a)      the construction of wells, water channels and other works for the supply or distribution of water for the purposes aforesaid;

(b)      the construction of works for the drainage of land or for the protection of land from floods or from erosion or other damage by water;

(c)      the reclaiming, clearing, enclosing, levelling or terracing of land;

(d)      the erection in the immediate vicinity of the holding otherwise than on the village site, of buildings required for the convenient or profitable use or occupation of the holding;

(e)      the construction of tanks or other works for the storage of water for purposes aforesaid;

(f)       the planting of trees and groves on the holding;

(g)      the renewal or reconstruction of any of the foregoing works or such alterations therein or additions thereto, as are not of the nature of mere repairs:

Provided that such water channels, embankments, enclosures, temporary wells, or other works as are made by a tenure holder in the ordinary course of his requirements for purposes aforesaid, shall not be deemed to be improvements;

[8] [(12A) "khudkasht" means land (other than sir) cultivated by a proprietor either by himself or by servants or by hired labour,--

(a)      at the commencement of this Act, or

(b)      at any time during the period of five years immediately before the commencement of this Act, whether or not it was so cultivated at such commencement,

Provided that it has not at any time after having been so cultivated, been let out to a tenant];

(13) "land" except in sections 23 and 24, means laud held or occupied for purpose connected with agriculture, horticulture or animal husbandry including pisciculture and poultry farming and includes--

(a)      buildings appurtenant thereto,

(b)      village abadis,

(c)      grovelands,

(d)      lands for village pasture or land covered by water and used for growing singharas and other produce or land in the bed of a river and used for casual or occasional cultivation, but does not include--

land occupied by building in belts or areas adjacent to Delhi town, which the Chief Commissioner may be a notification in the Official Gazette declare as an acquisition thereto;

(14) "legal representative" has the meaning assigned to it in the Code of Civil Procedure, 1908;

(15) "New Delhi town" means the areas included in the limits of the New Delhi Municipality and Cantonment;

(16) "prescribed" means as prescribed by rules made under this Act;

(17) "proprietor" means as respects an estate a person owning, whether in trust or for his own benefit the estate and includes the heirs and successors-in-interest of a proprietor;

(18) "proprietor's grove" means grove-land held or occupied by a proprietor as such;

(19) "religious purpose" includes a purpose connected with religious worship, teaching or service or with the performance of religious rites;

[9] [(19A) "Revenue Assistant" includes any Assistant Collector of the first grade or class empowered by the Chief Commissioner to perform all or any of the function of a Revenue Assistant under this Act;]

(20) "standard acre" means a measure of area convertible into ordinary acres of any class of land according to the prescribed scale with reference to the quantity of yield and quality of soil;

(21) "State" means the [10] [Union territory of Delhi];

(22) "uneconomic holding" means a holding of less than eight standard acres which, according to local conditions, is not sufficient to maintain a family unit consisting of a person, his minor children, his wife or her husband, as the case may be, and if the person himself is a minor, his father and mother;

(23) "village" means any local area whether compact or otherwise recorded as a village in the revenue records of the Delhi State and includes any area which the Chief Commissioner may, by a general or special order published in the Official Gazette, declare to be a village;

(24) words and expressions, grove, grove-holder, rent, cess, sir, [11] [***] rent-free grantee, landholder, ex-proprietary tenant, occupancy tenant, non-occupancy tenant, sub-tenant, [12] [***] and crops or any other expressions, not defined in this Act and used in the Agra Tenancy Act, 1901, or the Punjab Tenancy Act, 1887, shall have the meaning assigned to them in the Agra Tenancy Act, 1901, or the Punjab Tenancy Act, 1887, according as the context refers to the Shahdara or the remaining circles;

(25) words and expressions, land revenue, [13] [***] and Tahsildar, not defined in this Act and used in the U.P Land Revenue Act, 1901, or the Punjab Revenue Act, 1887, shall have the meaning assigned to them in those Acts, as the case may be.

Section 4 - Classes of tenure and sub-tenure

(1)     There shall be, for the purpose of this Act, only one class of tenure holder, that is to say, 'Bhumidhar' and one class of sub-tenure holder, that is to say, 'Asami'.'

(2)     Tenure holder means a person who holds land directly under and is liable to pay land revenue for that land to the State, and sub-tenure holder is a person who holds land from a tenure holder or Gaon Sabha and is liable to pay rent therefor to the tenure holder or Gaon Sabha:

[14][Provided that land given in exchange to a tenure holder or a sub-tenure holder, as a result of consolidation of holdings, shall for the purposes of this Act be deemed to be land originally held by the tenure holder or the sub-tenure holder, as the case may be.]

Section 5 - Bhumidhar

Every person belonging to any of the following classes shall be a Bhumidhar and shall have all the rights and be subject to all the liabilities conferred or imposed upon a Bhumidhar by or under this Act, namely:--

(a)      a proprietor holding sir or khudkasht land[15][***] a proprietor's grove holder, an occupancy tenant under section 5 of the Punjab Tenancy Act, 1887, paying rent at revenue rates or a person holding land under Patta Dawami,[16][or Istamrari] with rights of transfer by sale, who are declared Bhumidhars on the commencement of this Act;

(b)      every class of tenants other than those referred to in clause (a) and sub-tenants who are declared Bhumidhars on the commencement of this Act; or

(c)      every person who, after the commencement of this Act, is admitted to land as Bhumidhar or who acquires Bhumidhari rights under any provisions of this Act.

Section 6 - Asami

Every person belonging to any of the following classes shall be an Asami and shall have all the rights and be subject to all the liabilities conferred or imposed upon an Asami by or under this Act, namely:--

(a)      every person who, in the agricultural year immediately before the commencement of this Act, occupied or held land--

(i) ???as a non-occupancy tenant of proprietor's grove;

(ii) ??as a sub-tenant of tenant's grove;

(iii) ?as a non-occupancy tenant of pasture land, or of land covered by water and used for the purpose of growing singhara and other produce or land in the bed of a river and used for casual or occasional cultivation;

(b)      every person who, in accordance with the provisions of [17] [section 36, or section 65 A], becomes a lessee of land comprised in the tenure of a Bhumidhar referred to in that section;

(c)      every person who is admitted as a lessee of land referred to in sub-clause (iii) of clause (a) by the Gaon Sabha or a person authorised to do so under the provisions of this Act;

(d)      every person who is a tenant of sir or a sub-tenant of an occupancy tenant under section 5 of the Punjab Tenancy Act, 1887, or of a Pattadar Dawami of Istamrari, with right of transfer by sale, who belongs to any of the categories of persons referred to in sub-section (2) of section 10, and every person who is a sub-tenant of tenants referred to in clause (a), (b) and (c) of sub-section (1) of section 12 to whom the provision of sub-section (2) of section 10 applies; and

(e)      every person who acquires the rights of an Asami under any other provisions of this Act.

Section 7 - Rights of proprietors in waste lands, pasture lands or lands of common utility, etc., to vest in Gaon Sabha and compensation to be paid for them

(1)     All rights of an individual proprietor or proprietors pertaining to waste lands, grazing or collection of forest produce from forest or fish from fisheries lands of common utility such as customary common pasture lands, cremation or burial grounds, abadi sites, pathways, public wells, tanks and water channels, or Khalihans, whether covered by an existing contract between such proprietor or proprietors and any other person or not, shall with effect from the commencement of this Act be terminated in accordance with the provision of sub-section (2) and the said contracts, if any, shall become void with effect from such commencement:

[18] [Provided that where such land was as a result of consolidation of holdings made available for use for any purpose other than those referred to in this sub-section, land kept aside in exchange thereof, as a result of such consolidation, shall for the purposes of this Act be deemed to be land originally meant for purposes referred to in this sub-section.]

Explanation,--For the purposes of this sub-section--

(i) ?"waste land" shall include cultivable and uncultivable waste area of the village [19] [***] [20][including any land in the bed of a river occupied or held by an Asami referred to in section 6(a) (iii) of the Act] [21] [except the uncultivated areas--

(a)      included in the holdings of such proprietor or proprietors, or

(b)      used for purposes other than those mentioned in clause (13) of section 3, at any time before the 28th day of October, 1956, or

(c)      acquired by a bona fide purchaser for value at any time before the 28th day of October, 1956, for purpose other than those mentioned in clause (13) of section 3.]

(ii) "lands of common utility" shall include such lands as are recorded as such at the last settlement or have been or would have been customarily recorded as such on 1st July, 1950.

(2)     On the commencement of this Act, the Deputy Commissioner shall pass an order in respect of the proprietor or proprietors of each village either singly or collectively divesting the individual proprietor or proprietors of the rights mentioned in sub-section (1) and vesting those rights in the Gaon Sabha [22] [***] or in any person or authority appointed by the Chief Commissioner under section 161 with effect from the commencement of this Act and staling that a compensation equal in value to four times the amount of annual land revenue assessed at the last settlement for the cultivable and uncultivable waste area of the village [23] [***] shall he paid by the government to the proprietor or proprietors concerned.

[24] [If no such assessment of land revenue was made at the last settlement the rate of land revenue applied at the last settlement for similar areas in any other village in the same assessment circle shall be taken to be the rate of land revenue applicable to such areas or failing this the rate of land revenue applicable to such areas shall be computed at 75 per cent. of the land revenue assessed on the lowest class of soil in the village.]

(3)     The amount of compensation shall be calculated separately for each village for the respective proprietor or proprietors in accordance with rules made under this Act and payments thereof shall be made in such number of annual instalments, [25] [not exceeding four, as the Chief Commissioner may determine, the first of which shall be paid--

(a)      in any case where such calculation has been made before the date on which the Delhi Land Reforms (Amendment) Act, 1959, receives the assent of the President, on the first day of the fasli year next following such date; and

(b)      in any other case, on the first day of the fasli year next following the date of such calculation.]

[26] [(4) Where the amount of compensation is not paid by the due date specified in sub-section (3), such amount shall be paid with interest thereon at the rate of 2 1/2 per cent. per annum from the said date until payment.]

Section 8 - Private wells, trees in abadi and buildings

(1)     All private wells in or outside holdings, all tanks, groves and abadis, all trees in abadi, and all buildings situate within the limits of an estate belonging to or held by a proprietor tenant or other person, whether residing in the village or not, shall continue to belong to or be held by such proprietor, tenant or person, as the case may be, on such terms and conditions as may be prescribed by the Chief Commissioner.

(2)     [27][Trees planted by a person other than a proprietor of land other than land comprised in his holding shall continue to belong to or be held by such person on such terms and conditions as may be prescribed by the Chief Commissioner].

Section 9 - Power to make rules

The Chief Commissioner may make rules [28]for the purpose of carrying into effect the provisions of this chapter.

Section 10 - Tenants of sir and sub-tenants of occupancy tenants under section 5 of the Punjab Tenancy Act, 1887, and sub-tenants of tenants holding land with Patta Dawami or Istamrari and having right of transfer by sale

(1)     Every tenant of sir and sub-tenant of an occupancy tenant under section 5 of the Punjab Tenancy Act, 1887, or sub-tenant of a tenant holding land under a Patta Dawami or Istamrari, with right of transfer by sale, who in the fasli year immediately before the commencement of this Act, is recorded as a tenant of Sir or as a sub-tenant, shall be deemed to be a non-occupancy tenant of land held by him at the rate of rent payable by him in the said year and the land held by such tenant and sub-tenant shall not for the purposes of section 11 be available to the Sir-holder, occupancy tenant under section 5 of the Punjab Tenancy Act, 1887, or to the Pattadar Dawami or Istamrari for acquisition to Bhumidhari rights.

(2)     Nothing in sub-section (1) shall apply to a tenant of Sir or a sub-tenant of occupancy tenant under section 5 of the Punjab Tenancy Act or of the said Pattadar, if his land holder' belongs to any of the following categories of persons--

(i) ??a women,

(ii) ??a minor,

(iii) ?a lunatic,

(iv) ?an idiot,

(v) ?a person incapable of cultivation by reason of blindness or physical infirmity, or

(vi) ?a person in the armed forces of the Indian Union, both at the commencement of tenancy and on the commencement of this Act.

(vii) ?a person prosecuting studies in a recognized institution and not exceeding 25 years in age, or

(viii) a person under detention or imprisonment, on the commencement of this Act:

Provided that where a holding is held jointly by several landholders of whom one or more but not all are persons belonging to any of the above categories, nothing in sub-section (1) shall apply to the share of these persons in the holding and such share shall be available for the acquisition of Bhumidhari rights by these persons.

Section 11 - Declaration of Bhumidhari rights in favour of proprietors and superior class of tenants, compensation and land revenue

(1)     Subject to the provisions of section 10, the Deputy Commissioner shall declare as Bhumidhars persons holding the following lands, namely:--

(a)      Khudkasht land or a proprietor's grove in the tracts to which the Punjab Tenancy Act, 1887, was applicable or sir land or khudkasht land or a proprietor's grove in the tracts to which the Agra Tenancy Act, 1901, was applicable;

(b)      land held by occupancy tenant under section 5 of the Punjab Tenancy Act, 1887, with right of transfer by sale; and

(c)      land held under Patta Dawami or Istamrari by tenants with right of transfer by sale.

[29][(2) For the purposes of sub-section (1), the Deputy Commissioner shall take into consideration the entries in the revenue records which shall be presumed to be correct unless the contrary is proved:]

Provided that where land held as khudkasht by a proprietor belonging to any of the categories or persons referred to in sub-section (2) of section 10 has been before the commencement of this Act, let out to another person by or on behalf of such proprietor, the Revenue Assistant, on application made to him in this behalf by or on behalf of such proprietor within six months of the commencement of this Act and after giving an opportunity to the tenant of being heard, shall declare such land to be the proprietor's khudkasht for purposes of this section.

(3) ?While making a declaration under clauses (b) and (c) of sub-section (1), the Deputy Commissioner shall order the occupancy tenant or the Pattadar to deposit in Government Treasury an amount equal to four times the land revenue as ascertained in sub-section (4) for the area of which he is declared as Bhumidhar as compensation thereof. If he fails to deposit the amount within six months of the date of declaration, the same shall be realized as arrears of land revenue. The amount deposited or so realized shall be disbursed to the proprietor under the order of the Revenue Assistant.

(4) ?Every person, who is declared as Bhumidhar under this section, shall with effect from the commencement of this Act, be liable to pay to the Government for land, held by him as such, on account of land revenue, an amount which shall proportionately correspond to the land revenue payable immediately before the commencement of this Act for the area in respect of which he is declared Bhumidhar, with due regard to the class of soil comprised therein, together with the cesses and local rates.

Section 12 - Sub-tenants of occupancy ex-proprietary tenants, etc

(1)     Every sub-tenant--

(a)      of an occupancy tenant other than an occupancy tenant under section 5 of the Punjab Tenancy Act, 1887, or

(b)      of an exproprietary tenant, or of a non-occupancy tenant of over twelve years or less, or[30][of a rent free grantee or a grantee at a favourable rate of rent, or]

(c)      of a tenant holding land under a Patta Dawami or Istamrari but without right of transfer by sale, who is recorded as such in the fasli year, before the commencement of this Act, shall be deemed to be a non-occupancy tenant of the land held by him and such land, for the purposes of section 13, shall not be available to the occupancy tenant, exproprietary tenant[31][non-occupancy tenants, rent free grantee or a grantee at favourable rate of rent or Pattadar] for acquisition of Bhumidhari rights.

(2)     The provisions of sub-section (2) of section 10 shall apply, mutatis mutandis, to this section.

Section 13 - Bhumidhari rights in other cases

(1)     On the commencement of this Act, the Deputy Commissioner shall also declare the following classes of tenants as Bhumidhars, who shall, with effect from the same date, have all the rights and be subject to all the liabilities conferred or imposed upon Bhumidhars under this Act namely:--

(a)      a rent free grantee or a grantee at favourable rate of rent;

(b)      an exproprietary tenant in Shahdara Circle;

(c)      an occupancy tenant except those under section 5 of the Punjab Tenancy Act, 1887;

(d)      a non-occupancy tenant, who pays rent at revenue rates with or without Malikana;

(e)      a tenant of sir or a sub-tenant declared as non-occupancy tenant under section 10 or 12;

[32][(f) a tenant of or over twelve years in Shahdara Circle and a non-occupancy tenant in any part of the Union territory of Delhi other than a non-occupancy tenant referred to in clause (d);]

(g) ??a tenant grove holder; and

(h) ??a holder of Patta Dawami or Istamrari without any right to sell.

(2)     Every person who, after the commencement of this Act, is admitted to land as Bhumidhar or who acquires Bhumidhari rights under any provisions of this Act, shall have all the rights and be subject to all the liabilities conferred or imposed upon Bhumidhars under this Act with effect from the date of admission or acquisition, as the case may be.

Section 14 - Compensation and land revenue payable by Bhumidhars declared as such under section 13

(1)     Every person, declared as Bhumidhar under sub-section (1) of section 13, shall with effect from the commencement of this Act, cease to pay rent of the land in respect of which the declaration has been made to the proprietor or the landholder, as the case may be.

(2)     Every such person, other than a sub-tenant deemed to be a non-occupancy tenant under section 10 or 12, shall

(a)      be liable for payment of such amount on account of land revenue for the holding or his share therein, as the case may be, as shall be one half of the amount of rent payable or deemed to be payable by him in the fasli year immediately preceding the commencement of this Act together with cesses and local rates of the area of which he is declared Bhumidhar from the commencement of this Act:

Provided that where half the amount of rent payable or deemed to be payable by him in the fasli year immediately preceding the commencement of this Act is less than the actual amount of land revenue payable immediately before the commencement of this Act for the holding or his share therein, the land revenue shall be the said actual amount of land revenue, and where the said half the amount of rent is greater than twice the actual amount of land revenue payable immediately before the commencement of this Act, the land revenue shall be twice the said actual amount of land revenue.

(b)      be liable to pay as compensation in the Government Treasury to the credit of the proprietor concerned an amount which shall in the case of tenants with permanent and heritable rights, i.e., in the case of tenants under clauses (b), (c) and (h) of sub-section (1) of section 13, be eight-times the amount of land revenue so determined and in the case of non-occupancy tenants, i.e., tenants of sir or tenants under clauses (a), (d), (f) and (g) of sub-section (1) of section 13, be sixteen times the land revenue so determined.

(3)     Every such person, being a sub-tenant who is declared as Bhumidhar under clause (e) of sub-section (1) of section 13 shall--

(a)      be liable for payment of such amount on account of land revenue for the holding or his share therein as is determined on the same principle as laid down in clause (a) of sub-section (2).

(b)      and be liable to pay as compensation an amount equal to 20 times the land revenue so determined under clause (a) which shall be distributed between his immediate landholder and the proprietor in accordance with the following scale:--

(4)     The tenant or sub-tenant declared as Bhumidhar under section 13 shall pay the compensation either in one lumpsum within six months of his declaration, or if he does not elect to pay the compensation in one lumpsum, in ten annual equal instalments together with interest at such rate as may be prescribed, beginning from the commencement of this Act.

(5)     In the case of default in the payment on the date fixed of any instalment under sub-section (4), the amount shall be recovered as arrears of land revenue.

(6)     If during the period of instalment the land revenue is postponed, suspended or remitted for reasons of agricultural calamity in the area concerned, the payment of compensation shall also be postponed or suspended but in the case of remission of land revenue, the payment of compensation shall not be remitted but recovered in subsequent instalments to be fixed by the Deputy Commissioner.

(7)     The Revenue Assistant shall annually disburse the instalment of the compensation paid by the Bhumidhar under sub-section (4) or direct the payment of the amount deposited as compensation by the Bhumidhar in one lumpsum under sub-section (2) or (3) of this section to the proprietor or to the proprietor and landholder or their successor-in-interest, as the case may be, in accordance with the rules on the subject. The annual disbursements made to a proprietor and landholder in eases under sub-section (3), where payments arc made by instalments, shall be in the same proportion as the total compensations payable to them bear to each other.

(8)     In this section the expression "rent deemed to be payable" means--

(i)? where the rent is paid in kind, or is based on an estimate or appraisement of standing crops or on rates varying with the crops sown or partly in one of such ways and partly in another or other of such ways, the rent shall be deemed to be an amount, which is the average value of the landlord's share of the crops grown in the preceding five years, subject to such rules as may be prescribed, and

(ii) ?where there was no rent payable or fixed for the holding or area concerned or part thereof, or where it was held rent-free or at favourable rate of rent, the rent for the said area shall be calculated at the prevailing village rate of rent.

(iii) [33][where it is not possible to ascertain the crops grown in the preceding five years, the rent shall be calculated at the prevailing village rate of rent].

(9)     Every person, who, after the commencement of this Act, is admitted to land as Bhumidhar or who acquired Bhumidhari rights under any provisions of this Act, shall pay the same amount of land revenue as was payable for the land immediately before his admission to or acquisition of Bhumidhari rights in the land, together with cesses and local rates:

Provided that if the last Bhumidhar, [34][whom] he has replaced was [35][to pay compensation], he shall resume and complete the payments in the same manner:

Provided further that in any other ease, i.e., where the last Bhumidhar had already paid up the total amount of compensation to the proprietor, he shall not be called upon to pay any compensation.

Section 15 - Estate in possession of a mortgagee with possession

(1)     A mortgagee in possession of an estate or share therein shall cease to have any right in such estate or share, if the proprietor mortgagor deposits the mortgage money together with interest thereon in Government Treasury and applies for redemption of the mortgage in the proper court, within a period of nine months from the commencement of this Act.

[36][(2) If the proprietor mortgagor deposits the amount and applies for redemption as provided in sub-section (1), he shall be declared as Bhumidhar in respect of the mortgaged area which was under the personal cultivation of the mortgagee on the date of such application for redemption, and if any part of the mortgaged area was on the said date let out to a tenant, such tenant shall be declared as Bhumidhar in respect of the area that was so let out to him.]

(3) Where the proprietor mortgagor fails to take action under sub-section (1) within the time specified therein, the mortgagee of area mortgaged with possession, [37][***], shall be declared as the Bhumidhar of so much of the area mortgaged as is under the personal cultivation of the mortgagee.

(4) Where the area mortgaged or part thereof is let out to tenants, the mortgagee shall be declared as the Bhumidhar of the part under his personal cultivation and the tenants shall be declared as Bhumidhars of their respective areas let out to them.

(5) Subject to section 11 or 13 the provisions of sub-sections (1) to (4) shall apply mutatis mutandis to mortgagees with possession where the mortgagors were--

(a)      occupancy tenants under section 5 of the Punjab Tenancy Act, 1887,

(b)      tenants holding land on Patta Dawami or Istamrari, with right of transfer by sale, or

(c)      exproprietary tenants, occupancy other than those under section 5 of the Punjab Tenancy Act, 1887, grove holders or tenants holding land on Patta Dawami or Istamrari without right of transfer by sale.

Section 16 - Consequences of acquisition of Bhumidhari rights by mortgagees etc., under section 15

Notwithstanding anything contained in any other law for the time being in force or in any mortgage deed or other instrument or agreement, where a proprietor mortgagor fails to apply for the redemption of his mortgage within the time specified in sub-section (1) of section 15 and the mortgagee and tenants, if any, in respect of the mortgaged property or any portion thereof are declared Bhumidhars in accordance with the provisions of sub-section (3) or sub-section (4), as the ease may be, of that section, the following consequences shall follow, namely:--

(1)     the proprietor mortgagor shall be absolutely debarred of his right to redeem the mortgage;

(2)     the mortgagee and the tenants, if any; in respect of the mortgaged property or any portion thereof, who have been declared as Bhumidhars as aforesaid, shall pay to the proprietor mortgagor compensation which shall be determined as follows:

(a)      the amount of compensation payable by the mortgagee and each of the tenants, if any, shall be determined separately in accordance with the provisions laid down in clauses (a) and (b) of sub-section (2) of section 14 for determining the amount of compensation, payable by a Bhumidhar;

(b)      the amount of compensation as determined under clause (a) payable by each of the tenants shall be paid by him to the proprietor-mortgagor through court either in one lumpsum or in instalments in the manner laid down in sub-section (4) of section 14;

(c)      the total amount due from the proprietor mortgagor to the mortgagee under the mortgage deed on the date of the commencement of this Act shall then be determined in the prescribed manner after deducting the receipts if any, by the mortgagee from the mortgaged property;

(d)      if the amount of compensation payable by the mortgagee to the proprietor-mortgagor is greater than the amount determined under clause (c) the mortgagee shall pay through court to the proprietor-mortgagor as compensation the difference between the two in one lumpsum; [38][within six months from the date of the order] and where the amount of compensation payable by the mortgagee is less than the amount determined under clause (c), the entire mortgage money with interest, if any theron, shall be deemed to have been fully satisfied by the enjoyment of the usufruct of the mortgaged property and the proprietor mortgagor shall not be required to pay anything under the mortgage deed to the mortgagee;

(3)     where a tenant mortgagor, referred to in sub-section (5) of section 15, fails to apply for redemption within the period specified in sub-section (1) and of clause (a) of sub-section (2) shall apply mutatis mutandis and the amount of compensation payable by the mortgagee and his tenants, it any, in respect of mortgaged land in possession of each to the proprietor shall be determined separately, in accordance with the provisions of clauses (a) and (b) of sub-section (2) of section 14. The compensation so determined shall be paid as follows:--

(i) ?where the mortgagor tenant is an occupancy tenant under section 5 of the Punjab Tenancy Act, 1887, or Pattadar Dawami or Istamrari with right of transfer by sale, the amount due from the mortgagor to the mortgagee under the mortgage shall also be determined in accordance with clause (c) of sub-section (2). The mortgagee or his tenants shall each first pay out of the total compensation determined above, an amount equal to four times the land revenue payable for the land in his possession immediately before the commencement of this Act, to the proprietor. If the balance of the compensation payable by the mortgagee and his tenants, is greater than the amount due to the mortgagee from the mortgagor under the mortgage, the difference shall be paid by the mortgagee and his tenants, as compensation to the mortgagor tenant 1[in one lumpsum within six months from the date of the order, first by the mortgagee's tenant upto the extent of the balance of his share of compensation and then by the mortgagee upto the extent of the amount left over, if any]. If it is less, the. entire mortgage money with interest shall be deemed to have been fully satisfied by the enjoyment of the usufruct and nothing shall be payable to the mortgagee in adjustment of the mortgage money.

(ii) where the mortgagor tenant is a tenant, other than an occupancy tenant under section 5 of the Punjab Tenancy Act, 1887, or a Pattadar Dawami or Istamrari with right of transfer by sale, the entire amount of compensation payable by the mortgagee and his tenants, if any, shall be paid direct to the proprietor of the mortgagor tenant and the mortgage money, shall be deemed to have been fully satisfied by the enjoyment of the usufruct.

Section 16A - Compensation payable by tenant declared Bhumidhar of redeemed land

[39][16A. Compensation payable by tenant declared Bhumidhar of redeemed land.--

Where a tenant is declared as Bhumidhar in respect of any part of mortgaged area that has been redeemed under sub-section (1) of section 15, the compensation payable by such tenant to the mortgagor shall be determined and paid in the manner provided in clause (2) or clause (3) of section 16 according as such tenant is declared a Bhumidhar under sub-section (2) or sub-section (5) of section 15.]

Section 17 - Variation in rent on or after July 1, 1950, not to be recognized

Notwithstanding any contract made or anything done or permitted to be done, on or after the first day of July, 1950 by or on behalf of proprietor or a tenant, in respect of any land in the State, the rent payable therefor by the tenant in the fasli year immediately preceding the commencement of this Act shall be deemed to be an amount equal to the rent payable by the tenant or his predecessor-in-title on the date aforesaid and any reduction or remission made therein after the said date otherwise than in pursuance of decree or order of a court shall not be taken into account:

Provided that where the rent reduced in pursuance of any decree or order aforesaid is less than the amount computed at the prevailing village rate of rent the rent payable shall be an amount so computed.

Section 18 - Contract agreement or eviction to defeat provisions of this Act to be void

(1)     Any contract or agreement made between a proprietor and any person on or after the 1st day of July, 1950, which has the effect, directly or indirectly of defeating the provisions of this Act shall he and is hereby declared null and void.

(2)     Notwithstanding any decree or order where a tenant of sir or sub-tenant of tenants referred to in sub-section (1) of section 10 or sub-tenant of tenants referred to in section 12 or a non-occupancy tenant referred to in clause (f) of sub-section (1) of section 13 was evicted from land after 1st July, 1950, on any ground other than for arrears of rent, the tenant or the sub-tenant shall be entitled to regain possession thereof on his making an application in this behalf to the Revenue Assistant 1[and, shall on regaining possession have the same right as he would have had but for such eviction decree or order]:

Provided that the land is not in the possession of any other tenant in the fasli year immediately before the commencement of this Act.

[40][(3) Nothing in this section shall affect the rights of a proprietor in any land held or occupied at the commencement of this Act for purposes other than those mentioned in clause (13) of section 3.]

Section 19 - Cesses, local rates and Sayar

A Bhumidhar shall pay to Government all the cesses, local rates and sayar proportionately to his land revenue, in respect of his holding.

Any contract or agreement between the proprietor and any person compounding, releasing or reducing the payment of cesses, local rates or sayar after the Ist of July, 1950, shall be void.

Section 20 - Stay of suits

All suits, whether of the first instance, appeal or revision, of the nature specified in Schedule II, pending in any court for hearing on the commencement of this Act shall be stayed.

Section 21 - Stay of proceedings

All proceedings whether of the first instance, appeal or revision, of the nature specified in Schedule II, pending in any court for hearing on the commencement of this Act and all proceedings (except in so far as they relate to the realisation, otherwise than by ejectment of the judgement debtor, of cost of the compensation awarded in any suit or proceedings) upon any decree or order, unless it is a decree or order which became final before the commencement of this Act, but is not decree which may be excuted by ejectment of the judgement debtor passed in any such suit or proceedings previous to the commencement of this Act, shall be stayed.

Section 22 - Right of Bhumidhar or Asami to the exclusive possession of land in his holding

A Bhumidhar or Asami shall, subject to the provisions of this Act, have the right to the exclusive possession of all land comprised in his respective holding and to use land for any purpose connected with agriculture, horticulture or animal husbandry which includes pisciculture and poultry farming and to make any improvement.

Section 23 - Use of holding for industrial purposes

(1)     A Bhumidhar or Asami shall not be entitled to use his holding or part thereof for industrial purposes, other than those immediately connected with any of the purposes referred to in section 22, unless the land lies within the belt declared for the purpose by the Chief Commissioner by a notification in the Official Gazette;

Provided that the Chief Commissioner may, on application presented to the Deputy Commissioner in the prescribed manner, sanction the use of any holding or part thereof by a Bhumidhar for industrial purpose even though it does not lie within such a belt.

(2)     Where permission for industrial purposes is accorded, the provisions of this Chapter relating to devolution shall cease to apply to the Bhumidhar with respect to such land and he shall thereupon be governed in the matter of devolution of the land by personal law to which he is subject.

Section 24 - Reversion to agriculture

(1)     Whenever any land held by a Bhumidhar which is used for industrial purpose has become land used for purposes connected with agriculture, horticulture or animal husbandry, which includes pisciculture and poultry farming, the Deputy Commissioner on being so satisfied, may with the sanction of the Chief Commissioner, make a declaration to that effect and thereupon the Bhumidhar shall, as respects the land, be subject to the provisions relating to devolution in this chapter.

(2)     Upon the grant of the declaration under sub-section (1) in respect of any land any person other than the Bhumidhar in possession of the land shall--

(a)      if he holds it under any contract or lease which is inconsistent with any of the provisions of this chapter, he deemed to he an occupant liable to ejectment under section 84,

(b)      if he holds it under any contract or lease which is not inconsistent with any of the provisions of this chapter, be entitled to the rights in the land determined in accordance with the provisions thereof.

(3)     Any contract or lease referred to in sub-clause (a) of sub-section (2) which is inconsistent with the provisions of this chapter shall, to the extent of the inconsistency, become void with effect from the date of declaration:

Provided that any mortgage with possession existing on any such land shall, to the extent of the amount due and secured on such land, be deemed to have been substituted by a simple mortgage carrying such rate of interest as may be prescribed.

Section 25 - Registration of the sanction or declaration under section 23 or 24

A copy of every sanction given or declaration made under section 23 or 24 shall be forwarded by the Deputy Commissioner to the Sub-Registrar concerned, who shall, notwithstanding anything contained in the Indian Registration Act, 1908, register the same free of cost in the manner prescribed.

Section 26 - Restriction on improvements

No Bhumidhar or Asami shall make an improvement on, or detrimental to, any land which is not included in the holding, to be benefited thereby [41][except--

(a)      with the written permission of the landholder of such land or the Gaon Panchayat, as the ease may be, or

(b)      where such permission is not given within the prescribed period, with the written permission of the Revenue Assistant granted in accordance with rules made under this Act in this behalf.]

Section 27 - Works benefiting other land

(1)     Where a Bhumidhar or Asami has made an improvement on land and such land is sold in lieu of arrears of land revenue or in execution of a decree for payment of money or the Bhumidhar or Asami is ejected from such land, the purchaser or the landholder, as the case may be, shall become the owner of the improvement but the Bhumidhar or Asami shall be entitled to other benefit of the improvement in respect of the land remaining in his possession to the same extent and in the same manner as it had hitherto benefited thereby.

(2)     Where the Bhumidhar or Asami has made an improvement on land which remains in his possession after a portion of his land has been sold in lieu of arrears of land revenue or in execution of a decree or order of court for payment of money or after he has been ejected from a portion of his land, the purchaser or the landholder, as the case may be, shall be entitled to the benefit of such improvement in respect of land which does not remain in the possession of the Bhumidhar or Asami to the same extent and in the same manner as it had hitherto benefited thereby.

Section 28 - Right to compensation for improvement made by an Asami

(1)     An Asami who has made any improvement with the[42][written permission of the landholder, the Gaon Panchayat or the Revenue Assistant], as the case may be, shall be entitled to compensation--

(a)      when a decree or order for his ejectment is passed on any ground other than his making any transfer in contravention of the provisions of this Act or on the ground of his using the land for any purpose other than agriculture, horticulture or animal husbandry, which includes pisciculture and poultry farming;

(b)      when he has been wrongfully deprived of possession by the Goon Panchayat or his landholder, as the case may be, and has not recovered possession of his holding; or

(c)      when he vacates the holding on the expiry of his lease or on becoming liable to ejectment on any ground mentioned in clause (a).

(2)     No compensation shall be payable to an Asami where the improvement was made without the written[43][permission] as aforesaid.

Section 29 - Determination of the amount of compensation

In determining the amount of compensation for improvement regard shall be had to--

(a)      the cost of the work,

(b)      the condition of the work and the period during which it is likely to add materially to the value of the holding,

(c)      the amount by which the quantity or value of the produce of the holding is increased by the work.

(d)      the length of time during which the Asami claiming compensation has had the benefit of the improvement, and

(e)      the age of the trees, their class and the income likely to accrue from them.

Section 30 - Court to assess the compensation for improvements

(1)     In any suit or other proceeding for ejectment of an Asami, the court shall, where compensation for improvement is payable, before passing a decree or order for ejectment, assess the amount of compensation payable to the Asami under section 29.

(2)     If the amount of compensation exceeds the amount recoverable from the Asami as arrears of rent, whether decreed or not, on account of the holding, together with costs, if any, the decree or order for ejectment shall be conditional on the payment by the landholder or the Gaon Sabha of the balance due to the Asami within such time as the court may direct.

(3)     If the amount of compensation does not exceed the amount recoverable from the Asami as specified in sub-section (2), the same shall be deemed to have been satisfied on his ejectment, and the balance shall, subject to the Asamis right to the value of the standing crops and trees be recoverable from him.

Section 31 - Interest of a Bhumidhar to he transferable

The interest of a Bhumidhar shall he transferable subject to the conditions hereinafter contained.

Section 32 - Interest of an Asami not transferable

The interest of an Asami shall not be transferable except as expressly permitted by this Act.

Section 33 - Restrictions on transfers by a Bhumidhar

[44][33. Restrictions on transfers by a Bhumidhar

[45][(1)] No Bhumidhar shall have the right to transfer by sale or gift or otherwise any land to any person, other than a religious or charitable institution or any person in charge of any such Bhoodan movement, as the Chief Commissioner may, by notification in the Official Gazette, specify, where as a result of the transfer, the transferor shall be left with less than eight standard acres in the Union Territory of Delhi;

Provided that the Chief Commissioner may exempt from the operation of this section, the transfer of any land made before the 1st day of December, 1958, if the land covered by such transfer does not exceed one acre in area and is used or intended to be used for purposes other than those mentioned in clause (13) of section 3].

[46][(2) Nothing contained in sub-section (1) shall preclude the transfer of land by a Bhumidhar who holds less than eight standard acres of land, if such transfer is of the entire land held by him:

Provided that such Bhumidhar may transfer a part of such land to any religious or charitable institution or other person referred to in sub-section (1).

Explanation.--For the purposes of this section, a religious or charitable institution shall mean an institution established for a religious purpose or a charitable purpose, as the case may be.]

Section 34 - Only simple mortgage of land by a Bhumidhar allowed

No Bhumidhar shall have the right to mortgage any land belonging to him as such where possession of the mortgaged land is transferred or is agreed to be transferred in future to the mortgagee as security for the money advanced or to be advanced.

Section 35 - Letting of land

No Bhumidhar or Asami shall let, for any period whatsoever, any land comprised in his holding except in the cases provided for in section 36.

Explanation.--Any arrangement whereby a person is entitled to a right merely to share in the produce grown on the land in consideration of such person assisting or participating with the tenure holder in the actual performance of agriculture operations is not a "lease".

Section 36 - Lease by a disabled person

(1)     A Bhumidhar who is--

(a)      an unmarried woman, or if married, divorced or separated from her husband, or a widow;

(b)      a minor whose father has died;

(c)      a lunatic or an idiot;

(d)      a person incapable of cultivating by reason of blindness or physical infirmity;

(e)      prosecuting studies in a recognized institution and does not exceed 25 years in age;

(f)       in the armed forces of the Indian union; [47][***]

[48][(g) dependent for assistance in agricultural operation on a person serving in the armed forces of the Union and certified by the Deputy Commissioner to be so dependent; or]

[49][h] under detention or imprisonment; may let the whole or any part of his holding:

Provided that in the case of a holding held jointly by more persons than one where but one or more of them, but not all, are subject to the disabilities mentioned in [50][clauses (a) to (h)], the person or persons may let out his or their share in the holding.

(2)     Where any share of a holding has been let out under the proviso to sub-section (1), the court may, on the application of the Asami or any tenure holder, determine the share of the lessor in the holding and partition the same.

(3)     A Bhumidhar, who holds only less than 8 standard acres in the State, may where he does not join a co-operative farm lease the whole of his holding to an Asami:

Provided that the lease is for not less than 5 years;

Provided further that the Bhumidhar shall not be entitled to resume it except for self-cultivation or for breach of terms of the lease. 

Section 37 - Registration of a lease

Notwithstanding anything contained in the Transfer of Property Act, 1882, or the Indian Registration Act, 1908, a lease for a term exceeding one year or from year to year may be made either by a registered instrument or in the prescribed manner.

Section 38 - Failure to register to lease under section 37

A lease which fails merely to comply with the provisions of section 37 shall not, for purposes of[51][section 42], be deemed to be a transfer made in contravention of the provisions of this Act.

Section 39 - Successor-in-interest bound by a lease

When a holding has been let in accordance with the provisions of section 36, the successor-in-interest of the Bhumidhar shall be bound by the terms of the lease in so far as they are not consistent with the provisions of this Act.

Section 40 - Exchange

[52][40. Exchange

(1)     Subject to the provisions of section 33, Bhumidhar may exchange lands held by him as such--

(a)      for lands held by any other Bhumidhar as such, or

(b)      for lands for the time being vested in a Gaon Sabha or local authority or in Government:

Provided that no such exchange shall be made except with permission of the Deputy Commissioner, who will refuse permission if the difference between the area of the land given in exchange and of land received in exchange in terms of standard acres is more than ten per cent. of the area in standard acres of the land which is smaller in area.

(2)     Where the Deputy Commissioner permits exchange, he shall also order the relevant annual register to be corrected accordingly.

(3)     On exchange made in accordance with the sub-section (1), the parties to such exchange shall have same rights in the land received in exchange as they had in the land given in exchange.]

Section 41 - Land revenue not affected by exchange

Nothing in section 40 shall affect the amount of the land revenue assessed on or payable for land so exchanged.

Section 42 - Transfer in contravention of section 33

(1)     Where a transfer of any holding or part thereof has been made in contravention of the provisions of [53][this Chapter by a Bhumidhar or Asami], [54][the transferee and every person who may have obtained possession of such holding or part] shall, notwithstanding anything in any law, be liable to ejectment from such holding or part on the suit of the [55][gaon sabha, or the landholder as the case may be], which shall thereupon become vacant land; but nothing in this section shall prejudice the right of the transferor to realize the whole or protion of the price remaining unpaid, or the right of any other person other than the transferee to proceed against such holding or land in enforcement of any claim thereto.

(2)     To every suit for ejectment under this section the transferor shall be made a party.

[56][(3) Notwithstanding anything contained in sub-section (1), the Revenue Assistant also may on receiving information or on his own motion, take action to eject the transferee and every person who have may obtain possession aforesaid, after following such procedure as may be prescribed.]

Section 43 - Transfer with possession by a Bhumidhar to be deemed a sale

Any transfer of any holding or part thereof made by a Bhumidhar by which possession is transferred to the transferee for the purpose of securing any payment of money advanced or to be advanced by way of loan, and existing or future debt or the performance of an engagement which may give rise to a pecuniary liability, shall, notwithstanding anything contained in the document of transfer or any law for the time being in force, be deemed at all times and for all purposes to be a sale to the transferee and to every such sale to the provisions of section 33 of and 42 shall apply.

Section 44 - Effect of lease in contravention of section 36

When a Bhumidhar other than one referred to in section 36 has let out his holding or any part thereof, the lessee will, notwithstanding anything contained in any law or contract or document of lease become and be deemed to be a purchaser and the provisions of section 33 and 42 shall mutatis mutandis apply.