Any restriction on land reform act?
06-Feb-2023 (In Civil Law)
Is there any restriction on land reform act?
(1) This Act may be called the Delhi Land reforms Act 1954.
(2) It extends to the whole of the Union territory of Delhi, but shall not apply to
(a) [(Note: Subs. by s.2 of Delhi act 16 of 1956, for the words “The areas which”) the areas which are or may before the first day of November, 1956 be] included in a Municipality or a Notified Area under the provisions of the Punjab Municipal Act, 1911, or a Cantonment under the provisions of the Cantonments Act, 1924,
(b) [(Note: Subs. by s.2 of Central Act 4 of 1959 for the word “areas, controlled, notified, held, occupied or owned by the Delhi Improvement Trust“.) areas] included in any estate owned by the Central Government or any local authority, and
(c) Areas held and occupied for public purpose or a work of public utility and declared as such by the Chief Commissioner or acquired under the Land Acquisition Act. 1894, or any other enactment other than this Act, relating to acquisition of land for a public purpose.
3. It shall come into force at once.
4. The declaration of the Chief Commissioner under clause (c) of sub-section (2) shall be conclusive evidence that the land is held and occupied for a public purpose or a work of public utility.
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(1) The following Act, in so far as they apply to areas to which this Act extends, are hereby repealed –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.
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 ;
(2) It extends to the whole of the Union territory of Delhi, but shall not apply to
(a) [(Note: Subs. by s.2 of Delhi act 16 of 1956, for the words “The areas which”) the areas which are or may before the first day of November, 1956 be] included in a Municipality or a Notified Area under the provisions of the Punjab Municipal Act, 1911, or a Cantonment under the provisions of the Cantonments Act, 1924,
(b) [(Note: Subs. by s.2 of Central Act 4 of 1959 for the word “areas, controlled, notified, held, occupied or owned by the Delhi Improvement Trust“.) areas] included in any estate owned by the Central Government or any local authority, and
(c) Areas held and occupied for public purpose or a work of public utility and declared as such by the Chief Commissioner or acquired under the Land Acquisition Act. 1894, or any other enactment other than this Act, relating to acquisition of land for a public purpose.
3. It shall come into force at once.
4. The declaration of the Chief Commissioner under clause (c) of sub-section (2) shall be conclusive evidence that the land is held and occupied for a public purpose or a work of public utility.
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.
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 ;
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