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Section 3 – The Delhi Land Reforms Act, 1954

The Delhi Land Reforms Act, 1954

 

3. Definitions. –

 

In this Act, unless the context otherwise requires,-

 

[(1) (Note: Subs. by s.3 of central Act, 4 of 1959) “agricultural year” or “fails year” means the year commencing on the 1st 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 of 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) (Note: Subs. by s.3 of Central Act, 4 of 1959) “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) (Note: Substituted by Act 1 of 1966) “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 a 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 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 section 150 and 151 respectively of this Act;

 

(11) “Gaon sabha area” means the gaon sabha area constituted under section 150 of this Act;

 

(11a) (Note: Ins. by s.3 of Delhi Act 16 of 1956) “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 khud –kasht” ].

 

(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 pisiculture 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, leveling 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:

 

Provide 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;

 

[(12A) (Note: Ins. by s.3 of Central Act 4 of 1959) “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 cultivate, been let out to a tenant];

 

(13) “Land” except in sections 23 and 24, means land 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 by a notification in the official Gazette declare as an acquisition thereto ;

 

COMMENTS

 

In this section land is defined to include land occupied for purposes connected with agriculture and includes building appurtenant thereto. In fact under Section 3(12) of dwelling house erected on the holding by the tenure holder is regarded as an improvement. Similarly, a tube well is also regarded as an improvement. Shatrughan Badri Singh v. Mange Mir Singh AIR 1972 Delhi 212.

 

(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 owing, whether in trust or for his own benefit the estate and includes the heirs and successors – in – interest of 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;

 

[(19A) (Note: Substituted by Act 1 of 1966) “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 [(Note: Subs. by A.O. (No.5) 1957 for the words “State of Delhi”) 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, (Note: The word “khudkasht” rep. by s.3 of Central Act 4 of 1959) rent – free grantee, landholder, ex-proprietary tenant, occupancy tenant, non-occupancy tenant, sub- tenant, (Note: The word “holding” rep. by s.3 of Delhi Act 16 of 1956) 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, (Note: The word “Revenue Assistant” rep. by s.3 of Central act 4 of 1959) 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.

 

 

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The Delhi Land Reforms Act, 1954

 

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