HISTORY OF LEGISLATION
One of the external aids to construction is the history of the legislation. Regard must be had not only to the words used in the statute but also to the history of the legislation and reasons which led to its framing and promulgation; and to the mischief which had to be cured as well as the cure provided.
[Commissioner of Income Tax v. Shambulal Nathalal & Co., (1985) 23 Taxman 93 (Karn.) F.B.]
A Bill is the draft of an Act of Parliament. It may be cited either by reference to the number and year thereof or by reference to the short title conferred thereon. Number and year of the Bill normally precede to its short title.. “Statement of Objects and Reasons” is always appended thereto.
[Jammuna Prasad v. Kishori Lal, AIR 1973 Cal. 204 (F.B.)]
Statement of Objects and Reasons for introducing a Bill can only be referred to for the limited purpose of ascertaining the circumstances which actuated the sponsor of the Bill to introduce it and the purpose for doing so.
[A.C. Sharma v. Delhi Administration, AIR 1973 S.C. 913 (F.B.)]
Statement of Objects and Reasons may and do furnish valuable and even historical material in ascertaining the reasons which induced the legislature to enact the statute but while interpreting the statute they must be ignored.
[Haribandu Das v. District Magistrate, Cuttack, AIR 1968 Ori. 148].
It can be looked into for ascertaining intention of the legislature.
[Rashid Khan v. Osman Khan, 1980 Mah. LJ 428.]
ACT NO.12 OF 1954
The Bill received the assent of the President on 13th December, 1954 and soon thereafter became an Act of Parliament under the short title “THE
DELHI LAND REVENUE ACT, 1954.”
The purpose of the Delhi Land Revenue Act, 1954, is two-fold, namely (1) to consolidate and (2) to amend. Its subject matter concerns firstly, land revenue and secondly, jurisdiction of Revenue Officers within the State of Delhi. The corpus of law relating to the subject matter abovestated previous to this piece of legislation was contained in the following acts, viz.
(i) The PUNJAB LAND REVENUE ACT, 1887, and
(ii) The U.P. LAND REVENUE ACT, 1901.
After independence changes in the agrarian structure may be broadly bifurcated into two types. To the first type belong those changes in agrarian relations which occur in an indirect manner in response to the spontaneous operations of socio-economic progress. For example, the emergence of business tenaney’s, or induced changes in agricultural technology and so on and so forth. The second type of changes are those which are brought about as a result of direct intervention in the agrarian structure. This direct intervention may assume the form of land legislation and its implementation by Governmental agencies. The Delhi Land Revenue Act represents a part in series of structural changes attempted by the Government of India within the realm of institutional framework.