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The Delhi Land Reforms Act, 1954

The Delhi Land Reforms Act, 1954

 

CONTENTS

Sections

Particulars

     Preamble
       
Chapter I Preliminary
1 Short title, extent and commencement
2 Repeal.
3 Definitions.
       
Chapter II A. Tenures
4 Classes of tenure and sub-tenure.
5 Bhumidhar.
6 Asami.
    B. Declaration of Bhumidhari rights, Compensation and Land revenue
7 Rights of proprietors in waste lands, pasture lands or Lands of common utility etc. to West in Gaon Sabha and compensation to be paid for them.
8 Private wells, trees in abadi and buildings.
9 Power to make rules.
Chapter III A. Declaration of Bhumidhari rights, Compensation and Land revenue
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 Dawani or Istamrari and having right of transfer by sale.
11 Declaration of Bhumidhari rights in favour of proprietors and superior class of tenants, compensation and land revenue.
12 Sub-tenants of occupancy ex-proprietary tenants, etc.
13 Bhumidhari rights in other cases.
14 Compensation and land revenue payable by Bhumidhars declared as such under section 13.
B. General consequences of the termination of intermediaries rights.
15 Estate in possession of a mortgage with possession.
16 Consequences of acquisition of Bhumidhari rights by mortgages, etc. under section 15.
16A Compensation payable by tenant declared Bhumidhari of redeemed land.
17 Variation in rent on or after July 1, 1950, not be recognized.
18 Contract agreement or eviction to defeat provisions of this Act to be void.
19 Cesses, Local rates and Sayar.
20 Stay of suits.
21 Stay of proceedings.
C. Use of land and improvements (Bhumidhars and Asamis)
22 Right of Bhumidhar or Asami to the exclusive possession of land in his holding.
23 Use of holding for industrial purposes.
24 Reversion to agriculture.
25 Registration of the sanction or declaration section 23 or 24.
26 Restrictions on improvements.
27 Works benefiting other land.
28 Right to compensation for improvement made by an Asami.
29 Determination of the amount of compensation.
30 Court to assess the compensation for improvements.
     D. Transfers (Bhumidhars and Asamis)
31 Interest of a Bhumidhar to be transferable.
32 Interest of an Asami not transferable.
33 Restrictions on the transfers by a Bhumidhar.
34 Only simple mortgage of land by a Bhumidhar allowed.
35 Letting of land.
36 Lease by a disabled person.
37 Registration of a lease.
38 Failure to register the lease under section 37.
39 Successor-in-interest bound by a lease.
40 Exchange.
41 Land revenue not affected by exchange.
42 Transfer in contravention of section 33.
43 Transfer with possession by a Bhumidhar to be deemed a sale.
44 Effect of lease in contravention of section 36.
45 Transfer made in contravention of this Chapter to be void.
46 Consequences of void transfers.
47 Consequences of ejectment under section 46.
E. Devolution (Bhumidhar and Asami)
48 Bequest by a Bhumidhar.
49 Bequest by an Asami.
50 General order of succession from males.
51 Succession in the case of a woman holding an interest inherited as a widow, mother or daughter, etc.
52 Succession in the case of a holding inherited as father’s father.
53 Succession to a woman holding an interest otherwise.
54 Passing of interest by survivorship.
     
F. Partition (Bhumidhar)
55 Holding of a Bhumidhar particle.
56 One suit for partition of several holdings.
57 Mode of partition of a holding.
58 Valuation of the holding to be sold.
59 Preferential right of purchase.
60 Sale in default of  purchase under Section 59.
61 Procedure in sale.
    G. Surrender, abandonment, extinction and acquisition (Bhumidhars and Asamis)
62 Surrender of holding by Asami.
63 Notice of surrender.
64 Abandonment.
65 Admission of Asami to the holding of a disabled Bhumidhar.
65A Consequences where Bhumidhar or Asami leaves land uncultivated.
66 Entry upon an abandoned holding.
67 Extinction of  the
68 Extinction of the interest of an Asami.
69 Extinction of the interest of an Asami on extinction of the interest of the Bhumidhar.
70 Merger.
71 Rights and liabilities of a Bhumidhar or Asami on extinction of his interest.
72 Gaon Sabha to take over land after extinction of interest therein.
73 Admission to land.
74 Admission to land mentioned in sub-clause (iii) of clause (a) of section 6 or to waste land for reclamation.
75 Order of preference in admitting persons to land under sections 73 and 74.
     
H. Ejectment (Bhumidhar and Asami)
76 Bhumidhar not liable to ejectment.
77 Ejectment of Asami.
78 Rights to crops and trees when ejectment takes effect.
79 Failure to institute a suit for ejectment under Section 77 or execute decree obtained there under.
80 Consequences of ejectment under section 77.
81 Ejectment for use of land in contravention of the provisions of this Act.
82 Decree for ejectment under section 81.
83 Suit for compensation and repair of the waste or damage.
84 Ejectment of persons occupying land without title.
85

Failure to file suit under section 84 or to execute decree obtained there under.

86 Ejectment of Bhumidhar to whom section 85 applies.
86A Ejectment by Revenue Assistant of persons occupying Land without title.
87 Ejectment of persons from lands of public utility.
I. Rent (Asami)
88 Rent payable by an Asami.
89 Rent not be varied.
90 Suit for fixation of rent.
91 Hypothecation of produce towards payment of rent.
92 Rent how payable.
93 Commutation of rent,
94 Installments for payment of rent.
95 Application for arrears of rent and ejectment in default.
96 Issue of notice to Asami.
97 Order for payment on failure to comply with the notice under section 96.
98 Execution by ejectment, in default of payment.
99 Interest on arrear of rent.
100 Recovery of arrear of rent in respect of Government property.
101 Remission for calamity by Court decreeing claim for arrears.
        
General
102 Suit for arrears of irrigation dues.
103 Vesting of trees existing on the boundary of the holding of a tenant.
104 Declaratory suit.
105 Power to make rules.
  
Chapter IV Land Revenue
106 Land Revenue assessed on a village.
107 Land held by Bhumidhars liable to payment of land revenue.
108 Liability of the Bhumidhars for payment of land revenue assessed on the village.
109 Amount of land revenue payable by a Bhumidhar.
110 Dates and installments for payment of land revenue under section 109.
111 Variation in land revenue payable by a Bhumidhar.
112 First settlement of land revenue.
113 Revision settlement of land revenue.
114 Notifications as to settlement operations.
115 Appointment and powers of Settlement Officers.
116 Transfer of duties of Deputy Commissioner to Settlement Officer.
117 Term of Settlement.
118 Settlement by Deputy Commissioner in precarious tracts or alluvial areas.
119 Deputy Commissioner to exercise the power of Settlement Officer under section 118.
120 Procedure to be adopted by a Settlement Officer.
121 Assessment of revenue on revenue free lands in certain cases.
122 Title to hold land free of revenue.
123 Land revenue to be assessed on the aggregate holdings area in a village.
124 Principles of assessment.
125 Assessment proposals.
126 Orders of the Chief Commissioner on the assessment proposals.
127 Remission or suspension of land revenue and rent following an agricultural calamity.
128 Order under section 127 not to be questioned in Court.
129 Revision of settlement on account of decline in prices of agricultural produce.
130 Appointment of officer for settlement under section 129.
131 Annual enquiry into revenue free grants.
Collection of Land Revenue
132 Arrangements for collecting land revenue.
133 Collection of land revenue by Gaon Sabha.
134 Consequence of collection of land revenue by Gaon Sabha.
135 Certified accounts to be evidence as to arrears of land revenue.
136 Procedure for the recovery of an arrear of land revenue.
137 Writ of demand and citation to appear.
138 Arrest and detention.
139 Attachment and sale of movable property.
140 Sale of holding for recovery of arrear of land revenue and application of proceeds thereof.
141 Powers to proceed again interest of defaulter in other immovable property.
142 Recovery of arrear paid by a person appointed under section 132.
143 Provisions applied to arrear due at commencement of Act.
144 Attachment of village and direct management by Deputy Commissioner.
145 Powers and obligations of the Deputy Commissioner in respect of the area under his management.
146 Powers of Deputy Commissioner to let out the holding in respect of which arrear is due.
147 Payment of rent and other dues in respect of attached area.
148 Provision of the Punjab Land Revenue Act, 1887, Chapters V, VI and VII, as amended by this Act applicable to applications and proceedings under this Chapter.
149 Power to make rules.
     
Chapter V Gaon Sabha and Gaon Panchayat
150 Establishment and Incorporation of Gaon Sabha and Gaon Sabha area.
151 Membership of Gaon Sabha and constitution of Gaon Panchayat.
152 Up-Pradhan and other office bearers of Gaon Panchayat.
153 Disqualifications for membership of the Gaon Panchayat.
154 Vesting of certain lands, etc. in Gaon Sabha.
155 Superintendence, management and control of land, etc. by the Gaon Sabha, or its transfer to District Board or other authorities.
156 Duties of Gaon Panchayats.
157 Term and other matters about the Gaon Panchayat.
158 Money received by Gaon Sabha or Gaon Panchayat under this Act to be credited to the Gaon Sabha Area fund.
159 Gaon Sabha Area Fund to be utilised in connection with this Act.
160 Gaon Sabha or the Gaon Panchayat to carry out orders and directions of the Government.
161 Alternative arrangement for caring on the work of the Gaon Sabha or the Gaon Panchayat in certain circumstances.
161A Government of India to be imp leaded in certain suits by or against Gaon Sabhas.
161B Certain decrees and orders to be set aside.
162 Powers to make rules.
    
Chapter VI Co-operative Farms
163 Formation of a co-operative farm.
164 Application for registration.
165 Registration of the co-operative farm.
166 Land offered by a member to be transferred to the farm.
167 Formation of a co-operative farm of un-economic holdings.
168 Disposal of objections and service of the order.
169 Appeal.
170 Registration of the co-operative farm of un-economic holdings.
171 Land in the un-economic holdings to be transferred to the farm.
172 Consequences of registration.
173 Bye-laws of the farm.
174 Land contributed to the farm to continue to vest in the Bhumidhar thereof.
175 Disposition of land contributed to the farm.
176 Rights, privileges, obligations and liabilities of members.
177 Liability on the farm to pay land revenue and other dues.
178 Admission of new members, or heirs.
179 Concessions and facilities for the co-operative farm.
180 Power to make rules.
   
Chapter VII Miscellaneous
181 Delegation of powers.
182 Powers to enter upon land, and to make survey, etc.
183 Mode of service of notice.
184 Right to inspection and copies of documents, statements and registers.
185 Cognizance of suits, etc. under this Act.
186 Procedure when question of title is raised.
187 Power of Chief Commissioner to call for cases.
188 Protection of action taken under this Act.
189 No right of pre-emption in the area to which this Act applies.
190 Application of certain Acts to the proceedings of this Act.
191 Rules in general.
192 Saving.
SCHEDULE
Schedule I Cognizance of suits.
Schedule II Stay of suits and proceedings.

 

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