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Section 2 – The Delhi Land Reforms Act, 1954

The Delhi Land Reforms Act, 1954

 

2. Repeal. –

 

(1) The following Act, in so far as they apply to areas to which this Act extends, are hereby repealed – 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

COMMENTS

As from the date of declaration of Bhumidhari rights the person in whose favour the Bhumidhar rights are granted becomes a new tenure holder enjoying all the rights conferred under the Act and subject to all the liabilities imposed by the Act.

The interest in land conferred upon a Bhumidari is not proprietory right which has been abolished but a new right declared under the Act. They are thus special rights created under the Act. Any incidence attached to the right before the commencement of the Act could not be added to the new rights conferred under the Act.

The right of transfer of interest by a Bhumidari of it. Bhumidari rights in the agricultural land is controlled only by the provisions of the Act. The provisions of customary law relating to restrictions on transfers do not apply to the transfer of Bhumidari rights. Nathu v.Hukam Singh ILR (1982)-II Delhi 437 Pg.

(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.

 

 

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The Delhi Land Reforms Act, 1954

 

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