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Section 14 – The Delhi Land Reforms Act, 1954

The Delhi Land Reforms Act, 1954

 

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 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 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 , he 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:–

Tenants with a right of transfer, i.e. tenants holding land under clauses (b) & (c) of sub-section (1) of section 11. Occupancy tenants with permanent and heritable rights, i.e., tenants under clauses (b), (c) (h) of  sub-section (1) of section 13. Non-occupancy tenants, i.e., tenants of Sir and tenants under clauses (a) (d), (f) and (g) of sub-section (1) of section 13.
Compensation to the Proprietor

4

5

16

Compensation to the Landholder 16 12 4

 

 

(4) The tenant or sub tenant declared as Bhumidhar under section 13 shall pay the compensation either in one lump sum within six months of his declaration, or if he does not elect to pay the compensation in one lump sum, in ten annual equal installments 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 installment under sun- section (4), the amount shall be recovered as arrear of land revenue.

 

(6) If during the period of installment 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 installments to be fixed by the Deputy Commissioner.

 

(7) The Revenue Assistant shall annually disburse the installment of the compensation paid by the Bhumidhar under sub- section (4) or direct the payment of the amount deposited as compensation by the Bhumidar 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 cases under sub section (3) , where payments are made by installments, 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 rend shall be deemed to be an amount, which 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 favorable rate of rent, the rent for the said area shall be calculated at the prevailing village rate of rent.

 

(iii) [(Note: Ins. by s.8 of Delhi Act 16 of 1956) 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, [(Note: Subs. by s.8 of Delhi Act 16 of 1956 for the words, “when”) whom] he has replaced was [(Note: Subs. by s.8 of Delhi Act 16 of 1956 for the words “making payment of compensation by installment”) to pay compensation] , he shall resume and complete the payments in the same manner:

 

Provided further that in any other case, 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.

 

 

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The Delhi Land Reforms Act, 1954

 

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