Delhi Land Holdings (Ceiling) Act, 1960 Complete Act - Bare Act

DELHI

LAND

An Act to provide for the imposition of a ceiling on land holdings in the Union territory of Delhi and for matters connected therewith

(1) This Act may be called the Delhi Land Holdings (Ceiling) Act, 1960

(2) It extends to the whole of the Union territory of Delhi, but shall not apply to

(a) the areas which, immediately before the 1st day of November, 1956, were included in a municipality or in a notified area under the provisions of the Punjab Municipal Act, 1911, [Punjab Act 3 of 1911] or in a cantonment under the provisions of the Cantonments Act, 1924, [2 of 1924];

(b) the areas [owned and held by the Central Government or any State Government];

22. Added by Ibid. (bb) the areas owned and held by any corporation owned or controlled by the Central Government.

33. Substitutedd by Ibid. (c) the areas acquired under any law relating to the acquisition of land for a public purpose;

(d) the areas held and occupied, on the appointed day, for the purpose of a goshala or for the purpose of breeding; or feeding, or both, of horses, and, in either case, declared as such in the prescribed manner by the Chief Commissioner.

Provided that, no declaration under this clause shall be made by the Chief Commissioner in respect of an area held and occupied for the purpose of a goshala unless the goshala has been established for a charitable purpose without any motive for profit and registered as a society under the Societies Registration Act, 1860 (21 of 1860), and the entire income from such area is utilised for the purpose of the goshala;

Provided further that, when any area or any .part thereof ceases to be held and occupied for the purpose referred to in this clause any declaration made under this clause, shall cease to have effect either in whole or in part, as the case may be, and the provisions of this Act shall apply to the whole or part of such area accordingly; and

(e) the areas owned and held by any agricultural co-operative land mortgage bank, any State or Central Co-operative Bank or any other bank.

Explanation. For the purpose of this clause, "bank" means a banking company as defined in Section 5 of the Banking Regulation Act, 1949 (10 of 1949) and includes the State Bank of India constituted under the State Bank of India Act, 1955 (23 of 1955), a subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959), a corresponding new bank as defined in the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970) and the Agriculture Refinance

(3). It shall come into force on such date as the Chief Commissioner may, by notification in the Official Gazette, appoint

In this Act, unless the context otherwise requires,- 11. Substituted by Central Act No. 15 of 1976

[(a) "Appointed day" means the 24th day of January 1971];

[(aa)] "ceiling limit", in relation to land, means the limit fixed under Section 3;

(b) "Chief Commissioner" means the Chief Commissioner of Delhi;

(c) "competent authority" means any person or authority authorised by the Chief Commissioner by notification in the Official Gazette to perform the functions of the competent authority under this Act for such area as may be specified in the notification;

[(d) "family", in relation to a person, means the person, the wife or husband, as the case maybe, and the minor sons and unmarried minor daughters of such person];

(e) "minor" means a person who is deemed not to have attained majority under the Indian Majority Act, 1875;

[(ee) "orchard" means a compact area of land, having fruit bearing trees grown thereon in such number that they preclude, or when fully grown, would preclude, a substantial pan of such land from being used for any agricultural purpose, but does not include any land, being a banana or uava garden or vine yard;

(eee) "person" includes a company, family, association or other body of individual, whether incorporated or not, and any institution capable of holding property];

(f) "person under disability" means-

(i) a widow;

(ii) a minor;

(iii) a woman unmarried or, if married, divorced of judicially separate from her husband or whose husband is a person falling under sub-clause (iv) or sub-clause (v);

(iv) a member of the Armed Forces of the Union;

(v) a person incapable of cultivating land by reason of some physical or mental disability;

(g) "prescribed" means prescribed by rules made under this Act;

(h) the words and expressions "Assami, "Bhumidhar", "Deputy Commissioner", "Gaon Panchayat", "improvement", "land" [x x x ]and "village" shall have the meanings respectively assigned to them in the Delhi Land Reforms Act, 1954, (Delhi Act 8 of 1954)

(1) Subject to the provisions of this section, on and from the commencement of the Delhi Land Holdings (Ceiling) Amendment Act, 1976, no person either by himself or, if he has a family, together with any other member of his family (hereinafter referred to as the person representing the family) shall, whether as a Bhumidhar or an Asami or party in one capacity and partly in another, be entitled to hold land in excess of-

(a)

(i) 7.25 hectares, in the case of land which is assured of irrigation from a private source of irrigation and is capable of yielding at least two crops in a year: or

(ii) 5.8 hectares, in the case of land which is assured of irrigation from a Government source of irrigation and is capable of yielding at least one crop in a year; or

(b)

(i) 10.9. hectares, in the case of land which is assured of irrigation from a private source of irrigation and is capable of yielding at least one crop in a year; or

(c) (ii) 8.7 hectares, in the case of land which is assured of irrigation from a Government source of irrigation and is capable of yielding at least one crop in a year ; or

(c) 21 .8 hectares, in the case of any other land, including an orchard.

(2) Where a person holds land falling under more than one category specified in sub-section (1), then, the land held by him shall be converted into land falling under category (c) and for the purpose of such conversion one hectare of land falling under category (a) (i) shall be treated as equal to 3 hectares of land falling under category (c), one hectare of land falling under category (a) (ii) shall be treated as equal to 3.75 hectares of land falling under category (c), one hectare of land falling under category (b) (i) shall be treated as equal to 2 hectares of land falling under category (c) and one hectare of land falling under category (b) (ii) shall be treated as equal to 2.5 hectares of land falling under category (c); and the extent of the land as to converted together with the extent of the land, if any, falling under category (c) held by such person shall not exceed 21.8 hectares

(3) For the purposes of this section, land which is assured of irrigation from a Government source of irrigation means any land which is irrigated, or is capable of being irrigated, from such source

.

(4) If any question whether any land is capable of yielding only one crop or more than one crop in a year arise, such question shall be decided by such authority and in such manner as may be prescribed and the decision of such authority thereon shall be final

.

(5) Where the number of members of the family of a person exceeds five, he shall be entitled to hold land in excess of the ceiling limit to the extent of one-fifth of the ceiling limit for each member in excess of five; so, however, as not to exceed twice the ceiling limit in the aggregate

(6) Where a person is a member of a family the land held by such person together With the land held by every other member of the family, whether individually or jointly, Shall be taken into account in determining the ceiling limit

.

(7) A person representing a family shall also be entitled to hold land not exceeding the ceiling limit for each of his major sons, if any;

Provided that the land, if any, held by such major son or, if he has a family, by any other member of his family shall be taken into account in determining the ceiling limit for the purposes of this sub-section.

(8) Where a family holds land in excess of the ceiling limit and such land includes land held by the wife or the husband, then, the share of the wife or the husband, as the lease may be, in the land that may be held by the family within the ceiling limit shall be in the same proportion as it was in the total extent of the land held by the family

.

(9) Where a person is a member of a registered co-operative farming society his share in the land held by such society, shall be taken into account in calculating the ceiling limit in relating to such person"]

Every person representing a family 1[who on the appointed day or at any time thereafter hold or holds] land in excess of the ceiling limit shall submit to the competent authority, in such form and within such time as may be prescribed, a return giving the particulars of all land held by him and indicating therein the parcels of land, not exceeding the ceiling limit, which he desires to retain: Provided that in the case of a joint holding, all co-sharers may submit the return jointly indicating the parcels of land, not exceeding the aggregate of their individual ceiling limits, which they desire to retain.

Explanation. In the case of a person under disability, the return shall be furnished by his guardian or authorised agent, as the case may be

If any person, who under Section 4 is required to submit a return, fails to do so in accordance with the provisions of that section, the competent authority shall collect the necessary information through such agency as may be prescribed

(1) On receipt of any return under Section 4 or information under Section 5 or Otherwise, the competent authority shall, after giving the persons affected an opportunity of being heard, hold an inquiry in such manner as may be prescribed, and having regard to the provisions of Section 7 and Section 8 or of any rules that may be made in this behalf, it shall determine-

(a) the total area of land held by each person representing the family;

(b) the specific parcels of land which he may retain:

(c) the land held by him in excess of the ceiling limit;

(d) whether such excess land is held by him as a Bhumidhar or as an Asami;

(e) the excess land in respect of which Bhumidhari rights may be acquired by

(f) the excess land which may be restored to a Bhumidhar;

(g) the excess land which shall vest in the Government; and

(h) such other matter as may be prescribed

. 11. Substituted by Central Act No. 15 of 1976

[(2) For the purpose of determining the excess land under this section any land transferred by sale, gift or otherwise (other than a bonafide sale under a registered deed for valuable consideration) at any time during the period between the appointed day and the commencement of the Delhi Land Holdings (Ceiling) Amendment Act, 1976, shall, notwithstanding such transfer, be deemed to be held by the transferor and the burden of proving the transfer by sale as bonafide shall be on the transferor"]

(3) the competent authority shall prepare a list in the prescribed form containing the particulars determined by him under sub-section (1) and shall cause every such list to be published in the Official Gazette and also in such other manner as may be prescribed

(1) Where any person transfers any land by sale, gift or otherwise (other than a bonafide sale under a registered deed for valuable consideration) at any time during the period referred to in sub-section (2) of Section 6,. the excess land in relation to such person shall be selected from out of the land held by him after such transfer and in case the entire excess land cannot be so selected, the balance, or where no land is held by him after the transfer, the entire excess land shall be selected out of the land held by the transfere. . Provided that where such person has transferred his land to more than one person the balance or the entire excess land, as the case may be, shall be selected out of the land held by each of the transferees in the same proportion as the area of the land transferred to him bears to the total area of the land transferred to all the transferees

.

(2) Where any excess land is selected out of the land transferred, the transfer of such land shall be void.]

11. Substituted by Central Act No. 15 of 1976

[7-A. Abatement of certain suits Notwithstanding anything contained in any other law, every suit for the specific performance of a contract for the transfer of land, instituted after the appointed day and before the commencement of the Delhi Land Holdings (Ceiling) Amendment Act, 1976 shall abate and no suit for the specific performance of any such contract entered in to before such commencement: shall be maintainable.]

(1) Where any excess land of a Bhumidhar is in his actual possession, the excess land shall vest in the Government

.

(2) Where any excess land of a Bhumidhar is in the possession of a person holding the same as an Asami and the excess land together with any other land held by such person exceeds his ceiling limit, the land in excess of the ceiling limit shall vest in the Government

(3) Where any excess land of a Bhumidhar is in the possession of a person holding the same as an Asami and such person is allowed to retain the excess land or a part thereof as being within his ceiling limit, that person shall acquire Bhumidhari rights in respect of such excess land or part thereof on payment of compensation as hereinafter provided, but if that person refuses to pay such compensation, the excess land or part thereof shall vest in the Government

.

(4) Where there is any excess land of an Asami, the excess land shall vest in the Government: Provided that in any case where the excess land or any part thereof held by a Bhumidhar together with any other land held by such person does not exceed the ceiling limit, the excess land or such part thereof as does not exceed the ceiling limit shall be restored to the Bhumidhar on an application made by him in this behalf to the competent authority within such time as may be prescribed

(1) Any person aggrieved by an entry in the list published under sub-section (3), of Section 6 may, within thirty days from the date of publication thereof in the Official Gazette, file objections thereto before the Deputy Commissioner: Provided that the Deputy Commissioner may entertain the objection after the expiry of thirty the said period of thirty days, if he is satisfied that the objector was prevented by sufficient cause from filing the objection in time

.

(2) The Deputy Commissioner or any other officer authorised in this behalf by the Chief Commissioner may, after considering the objection and after giving the objector or his representatives an opportunity of being heard in the matter, approve or modify the list

.

(3) The list as approved or modified under sub-section (2) shall then be published in the official Gazette and also in such other manner as may be prescribed and, subject to the provisions of this Act, the list shall be final

.

(4) With effect from the date of the publication of the list in the Official Gazette under sub-section (3), the excess land shall stand transferred to, and vest in, the Government free of all encumbrances or, as the case may be, the excess land shall stand restored to the Bhumidhar or the Bhumidhari rights in respect of the excess land shall stand transferred to the Asami free of all encumbrances

(1) Where any excess land of a Bhumidhar vests in the Government, there shall be paid by the Government to the Bhumidhar an amount calculated at the rates specified in the label below, namely:

TABLE

Class of land

Rates per hectare in rupees

For the first 3 hectares

For the next3 hectares

For the remaining area

(a) Land under assured irrigation and capable of yielding at least two crops in a year

5,000

4,400

4,000

(b) Land under assured irrigation and capable of yielding at least one crop in a year

2,500

2,200

2,000

(c) Any other land ( including an orchard)

1,250

1,100

1,000

Provided that where such excess land or any part thereof is in the possession of an Asami, the amount payable in respect of the land shall be apportioned between the Bhumidhar and the Asami in such proportion as may be determined by the competent authority in the prescribed manner, having regard to their respective shares in the net income from such land to be determined by the competent authority in the prescribed manner

(2) In addition to the amount payable in respect of any excess land under subsection (1), there shall also be paid an amount in respect of any structure or building, including wells, tube-wells, and embankments constructed on such excess land and such amount shall be fifty per cent of the market value of such structure or building and shall be paid to be person who has constructed the stricture or building.

''

(3) Where any excess land in respect of which an 1[amount] is payable is subject to my mortgage or other encumbrance, the amount due under the mortgage or other encumbrance in respect of such excess land, or where a transfer in respect of excess land is void by virture of sub-section (2) of Section 7, the consideration money paid by the transferee in respect of such excess land, shall be a charge on the 1[amount] payable in respect of the excess land, to the person who has created the mortgage or encumbrance or, as the case may be, to be transfer

(4) Where an Asami acquires Bhumidhari rights in respect of any excess land, the 11. Substituted by Central Act No. 15 of 1976 [amount] payable by him in respect of that land shall be equal to the amount which the Bhumidhar would have been paid 22. Omitted by Ibid [ X X X ] under the proviso to sub-section (1) or sub-section (2), if the land had vested in the Government, and amount shall, in the first instance, be paid to the Bhumidhar by the Government and shall be recovered from the Asami in such manner as may be prescribed

(5) Where any excess land of a religious or charitable institution vests in the Government, such institution shall, in lieu of1[ the amount] payable under sub-section (1) or sub-section (2) be paid an annuity equal to the net annual income of the excess

.

(6) The competent authority, shall, after holding an inquiry in the prescribed man- ner, make an order determining the amount l[ x x x ] payable to any person under this section

(1) The '[amount] payable under Section 10 shall be due on the date of the publication of the list in the Official Gazette under sub-section (3) of section 9 and may be paid in cash, in a lump sum or in instalments or in bonds

(2) Where the '[amount] is payable in bonds, the bonds may be made not transfer- able or transferable by endorsement or in any other manner but all such bonds shall be redeemed within such period, not exceeding ten years from the date of issue, as may be prescribed

.

(3) Where there is any delay in the payment of 2[ amount] or where the '[amount] is paid either in instalments or in bonds, it shall carry interest at the rate or two and a half per cent annum from the date on which it falls due

No person representing a family shall acquire in any manner whatsoever whether by transfer, exchange, lease, agreement or succession any land where such acquisition has the effect of making the total area of the land held by him exceed the ceiling limit; and any such land in excess of the ceiling limits shall, subject to the provisions of the Delhi Land Reforms Act, 1954, be treated as excess land of the transferee and the provision of the section 6 to 11 shall as far as may be, apply to such excess land

Where a person, representing a family holds land not exceeding the ceiling limit but subsequently the land held exceeds the ceiling limits, then, notwithstanding anything contained in this Chapter, such person shall not be required to surrender any part of the land on the ground that it ,is excess land, if such excess is due to any improvements affected in the land the efforts of the family or to a decrease in the number of its members

After the publication of the list of excess land under sub-section (3) of section 9, and after demarcation in the prescribed manner of such land where necessary, the Deputy Commissioner may take possession of any excess land and may use or cause to be used such force as may be necessary for the purpose

The Chief Commissioner may reserve any excess land vesting in the Government under the provisions of this Act for the benefit of the village community or for any work of public utility or for such other purpose as any be prescribed : Provided that where such land is not being used for the aforesaid purposes, it may be used by the Gaon Panchayat for such purposes as the Chief Commissioner may direct

Subject to any rules that may be made in this behalf, the Chief Commissioner or any officer authorised by him may allot any excess vesting in the Government (other than land reserved under section 15) [to such persons (preference being given to landless agricultural labourers particular then belonging to the Scheduled Cases a scheduled Tribes)] and on touch serums and conditions as he thinks fit

Save as otherwise expressly provided, the provisions of this Act shall have effect notwithstanding anything to contrary contained in any other law, custom or usage or agreement or decree or order of a court

Any sum payable to the Government under the provisions of this Act may be recovered in the same manner as an arrears of land revenue

Any person aggrieved by an order made by the competent authority under section 10, may, within a period of thirty days from the date of the order, prefer an appeal to the Deputy Commissioner: Provided that the Deputy Commissioner may entertain the appeal after the expiry of the said period, if he is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time

(1)The Chief Commissioner may, on an application for revision made to him or otherwise call for the record of any Proceeding before, or disposed of by, the competent authority or the Deputy Commissioner, or any officer authorised by the Chief Commissioner under sub-section (2) of section 9

(2) No order varying the decision of the competent authority or the Deputy Commissioner or revision the list published under section 9 which prejudicially affect any person shall be made without giving him an opportunity of being heard

Power of officer while holding inquiries, etc., under the Act Any officer or authority while holding an inquiry or hearing an appeal or exercising powers of revision under this Act shall have the same powers as are vested in a civil court under the code of Civil Procedure, 1908, when trying a suit, in respect of the following matters, namely :--

(a) enforcing the attendance of any person and examining him on oath

(b) requiring the discovery and production of documents and material objects;

(c) receiving evidence on affidavit; and

(d) such other matters as may be prescribed

Subject to any conditions that may be prescribed, any officer entrusted and restriction with the performance of any duty under this Act may, in the discharge of such duty, enter upon and survey and take measurement of any land and do all other acts necessary for carrying out his duties under this Act.

(1) Whose being bound to submit a return under section 4 fails without reasonable cause to do so, within the prescribed time, or submits a return which he knows or has reason to believe to be false, 11. Substitution by Central Act No. 15 of 1975 [shall be punishable with imprisonment for a trim which may extend to six months and time which may extend to one thousand rupees]

(2) Whoever contravenes any lawful order made under this Act or otherwise obstructs any person from lawful taking possession of any land shall be punishable with fine which may extend to one thousand rupees.

(1) Subject to the provisions of this Act, every order made under this Act shall be final

(2) No civil shall have jurisdiction to entertain any suit or proceeding in so far as it realties to any matter which the competent authority or the Deputy Commissioner is empowered by or under this Act to decide.

Protection of action taken under the Act No suit or other, legal proceedings shall lie against the Government or any authority or officer in respect of anything which is in good faith done or intended to be done in pursuance of this Act or any rules or orders made thereunder

(1) The Chief Commissioner may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act

.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of following matters, namely:--

(a) the from in which and the period within which a return under Section 4 and submitted;

(b) the agency through which information under section 5 may be collected;

(c) the manner of holding inquiries under this Act;

(d) the matters which may be determined by the competent authority under sub-section (1) of Section 6 and the manner of determination of excess land under the Act;

(e) the form in which a list under sub-section (3) of Section 6 or sub-section (3) of Section 9 may be prepared and the manner of publication of such list;

(f) the period within which an application for restoration of excess land of an Asami may be made by the Bhumidhar;

(g) the manner of apportionment of '[amount] between the Bhumidhar and the Asami in respect of any excess land in the possession of the Asami;

(h) the manner of determination of the net annual income of any excess land for the purposes of payment of '[amount];

(i) the manner of assessment of market value of structures and buildings and the value of trees for the purpose of payment of '[amount];

(j) the number of instalments in which '[any amount] under this Act may be paid or recovered ; and the period within which bonds may be redeemed ;

(k) the manner of declaration of excess land;

(l) the proposes for which land may be reserved under section 15;

(m) the categories of persons to whom excess land may be allotted and the terms and conditions on which such allotment may be made;

(n) the powers of a civil court which may be vested in any officer or authority holding an inquiry;

(o) the conditions and restrictions subject to which an officer may enter upon any land for the purpose of survey and taking measurement;

(p) the levy of fees in respect of any matter under this Act;

(q) any other matter which has to be, or may be prescribed

In the Delhi Land Reforms Act, 1954, ( Delhi Act 8 of 1954) for section 33, the following section shall be substituted, namely :

"33. Restrictions on transfers by a Bhumidhar No Bhumidhar shall have the right to transfer by sale or gift or otherwise any land to any person, other than a religious or charitable institution or any person in charge of any such Bhoodan movement, as the Chief Commissioner may, by notification in the Official Gazette, specify, where as a result of the transfer, the transferor shall be left with less than eight standard acres in the Union territory of Delhi. Provided that the Chief Commissioner may exempt from the operation of this section, the transfer of any land made before the 1st day of December of 1958, if the land covered by transfer does not exceed one acre in area and is used or intended to be used for purposes other than those mentioned in clause (13) of Section 3"

RULE

Delhi

Land

In exercise of the powers conferred by sub-section (3) of Section 1 of the Delhi Land Holdings ( Ceiling) Act, 1960, (Act No. 24 of 1960) the Chief Commissioner, Delhi hereby appoints the 16th day of April, 1962, as the date on which the said Act shall come into force. , No. F. 63/LRO/61-62/178.--In exercise of the powers conferred by Section 27 of the Delhi Land Holdings ( Ceiling ) Act, 1960, the Chief Commissioner, Delhi is pleased to make the following rules, namely

These rules may be called the Delhi Land Holdings (Ceiling) Rules, 1961.

In these rules, unless the context otherwise requires,

(a) " Act" means the Delhi Land Holdings ( Ceiling ) Act, 1960;

[(aa) "Ordinance" means the Delhi Land Holdings ( Ceiling) Amendment Ordinance, 1975 ( Ordinance No. 27 1975)].

[(b) "Authorised officer" means any officer authorised by the Lieutenant Governor to exercise the powers under sub-section (2) of Section 9 and Section 16 or the Deputy Commissioner].

(c) "Form" means a form appended to these rules;

(d) "landless agricultural labourer" means a person who, together with any member of his family, and, in the case of himself being a member of a joint family, together with his parents also, does not hold any land or holds land not exceeding 11/2[x x x x] acres and agricultural labour is the main source of livelihood of that person and his family;

(e) "Section" means a section of the Act.

11. Substituted by Notification No. F. 11/(12)8 K/C76 dated 14-1-1976. [(f) "Prescribed Authority" means an authority notified but the Lt. Governor and includes Reveune Assistant as defined in the Delhi Land Reforms Act, 1954].

11. Substituted by Notification No. F. 11/(12)8 K/C76 dated 14-1-1976. [

(1) Every return under Section 4 as amended by the Ordinance shall be submitted in form "A A " within 30 days from the date of notification of these rules, and within 30 days of the person acquiring land more than the Ceiling limit subsequent to the enforcement of these rules either as Bhumidhars or as Asamis or partly in one capacity or partly in another capacity provided that the Competent Authority may, for reason to be recorded in writing, extend the period for submission of returns, in any particular case].

(2) Where a person or any member of his family holds any land jointly with another person who is not a member of his family, the share so held by him or the members of his family shall be shown distinctly in the return.

(3) The competent authority, to whom the return is furnished shall--

(a) issue a receipt therefore in Form 'B' and make a note of it on the return, and

(b) send a copy thereof to the Tehsildar (Mahal) for verification of the entries made therein and for asscerlaining whether any material information has been suppressed or not.

If the return referred to in the preceding rule is not submitted within the period prescribed in or extended under that rule, the competent authority shall collect the necessary information through the Tehsildar (Mahal). The Tehsildar ( Mahal) shall certify the correctness of the information, after such verification as may be considered necessary by him.

The competent authority may file a complaint in the Court of the 1[Metropolitan Magistrate of the area in which the person resides or holds land] for taking action under Section 23 against any person who in its opinion has committed an offence punishable under said section.

Where necessary information has been collected under Rule 4, the competent authority shall give the person concerned an opportunity of being heard.

The competent authority shall, after the return furnished under Rule 3 or the information collected under Rule 4, as the case may be, has been verified, cause a notice to be given to the persons concerned who may be in possession of the land or part of the land and may call for such additional information, evidence or proof from them as it considers necessary. After considering such facts, circumstances and documents which the persons concerned might bring to its notice the competent authority may, with or without any further enquiry, determine the excess land as well as the land to be retained by such persons. The list to be prepared under sub-section (3) of Section 6 shall be in form 'C'.

In case the competent authority purposes to select excess land out of the land transferred, it shall do so after giving a notice to the transferee or transferees concerned and after giving him or them an opportunity of being heard. It may also call for such additional information from him or them as may be necessary for determination of the proportion in which the excess land is to be selected out of the land transferred and the transferee or transferees concerned shall furnish the information called for.

(1) The list prepared by the competent authority under sub-section (3) of section 6 shall be published by affixation on a notice board in the offices of the Deputy Commissioner, the Revenue Assistant, the Tehsildar ( Mahal), the Competent Authority and the Gaon Sabha or Gaon Sabhas concerned,

(2) The competent authority shall serve the relevant extract of the list on the Bhumidhar, the Asami, the mortgagee or other transferee who may be in occupation of the land, or on his duly authorised agent.

(3) If such person or his agent be not available, the extract of the list shall be delivered to any adult member of the family residing in the house in which such person ordinarily resides.

(4) In every case of serving the extract under sub-rule (2) or sub-rule (3), the serving officer shall require the signature of the recipient to be affixed on the body of the returnable copy of the list in token of having received the extract of the list.

(5) If such person ordinarily resides outside the Union territory of Delhi, the extract

(6) If such person or his agent or any adult member of his family is found unwilling to accept the extract of the list or to sign acknowledgment therefor or otherwise tries to evade service, or if he resides outside the Union Territory of Delhi and his address is not known, the extract of the list shall be served by affixing a copy thereof at some conspicuous part of the land to which the extract relates, and such affixation shall be deemed to be sufficient service of the extract of the list.

(7) A report by the serving officer stating the manner and date of service of the extract of the list attested by two persons present at the time of service shall be sufficient proof there. of.

An application for restoration under the proviso to sub-section (4) of Section 8 shall be made within 30 days of the publication of the list in the Official Gazette under subsection (3) of Section 6.

A copy of the list as published in the Official Gazette under sub-section (3) of Section 9 shall be served on the person or persons concerned in the manner laid down in Rule 9 and shall also be published by affixing a copy on a notice board at the Court house of the Deputy Commissioner or the authorised officer, if any.

For the purpose of determining '[amount] the competent authority shall, as soon as possible after publication of the list under sub-section (3) of Section 9 call upon every person who is either a bhumidhar, asami or transferee of excess land to furnish the following information within 30 days of the receipt of its order:--

(a) Whether there is any building or structure or tree on the excess land and if so, by whom it was constructed or planted;

(b) any other information as may be relevant for the purpose of determining compensation.

The competent authority may verify the information furnished under rule 12 through the Tehsildar (Mahal) or in such manner as it may deem.

XXX

(1) Before apportioning the compensation between a Bhumidhar and Asami in respect of any land under the proviso to sub-section (l)of Section 10, the competent authority shall give them an opportunity of being heard.

(2) In apportioning the compensation as aforesaid the competent authority shall have due regard to the respective shares of the Bhumidhar and the Asami in the net income from such land, and as far as possible the compensation shall be apportioned in the ratio of X: Y as explained hereunder: "A" is the amount of rent payable to Bhumidhar, i.e., 4 times the land revenue or l/5th of the produce of the land (commuted in the manner prescribed in the Delhi Land Reforms Rules 1954) whichever is less. "X" is equal to "A" minus land revenue. "Y" is equal to the net income minus "A".

Whether an Asami acquires Bhumidhari rights in respect of any excess land and is requiring to pay amount under sub-section (4) of Section 10, the amount shall be recoverable from the Asami at his option either in lump sum or in yearly instalments not exceeding twenty in number. The first instalment together with interest due under sub-section (3) of section 11 shall be paid by him on the anniversary of the date of possession and the subsequent instalments on the anniversary of the preceding instalment.

(2) A register of all such amounts due for recovery and recovered shall be maintained by the competent authority.

(1) On receipt of an application for amount on its own motion, the competent authority shall, prepare a statement of amount for land of which ownership has been vested in the Government or in an Asami.

(2) A copy of the '[amount] statement shall be sent to the Bhumidhar to whom the 11. Substituted by notification No. F. ll/(12)/SK/C/76 dated 14-1-1976. [amount] is due, and to the Asami, If any, from whom the '[amount is to be recovered, along with notice calling upon each of them to file objections, if any, within the period specified in the notice, provided that each notice shall be of equal duration and shall not be less than 15 days from the date of service thereof.

(3) A copy of the said '[ amount] statement shall be affixed on the notice board of the office of the competent authority in order to enable any other interested person to file objections, if any.

(4) the competent authority shall issue a notice informing the objection and such persons who may be interested, of the date and place fixed for hearing of objections. No objection shall be disposed of without affording the parties interested or their duly authorised representatives, an opportunity of being heard.

Provided that in any case in which an order is made ex-parte, the aggrieved person may apply within 30 days of the making of the order to the competent authority for the setting aside of the same and if he satisfies the competent authority that the notice of objection was not duty served on him, or that he was prevented by a sufficient cause beyond his control from appearing on the date on which the case was heard, the competent authority may make an order, setting aside the original order as against such a person and thereupon may appoint another date for proceeding with the case; but where the ex-parte order is of such nature that it cannot be set aside against such a person and it may be set aside as against all persons involved in the case.

(5) After the expiry of the period specified for filing objections where any objection is filed, when all the objections have been disposed of, a copy of the [amount] statement shall be sent by registered post acknowledgement due to each interested person.

The competent authority shall by serving a notice on every person to whom the 11. Substituted by notification No. F. ll/(12)/SK/C/76 dated 14-1-1976. [amount ] is payable tender the payment thereof after the expiry of the time limit provided in Rule 20 or where any claim has been preferred under the said rule after the dispute has been decided by the court of competent jurisdiction.

There shall be maintained a register of amount paid under the Act.

Any person have a charge on the amount under sub-section (3) of Section 10 may, within 60 days of the publication of the list in the Official Gazette under sub-section (3) of Section 9, prefer a claim in writing to the competent authority, dealing with amount of the land in question. If there be no dispute between the parties about the factual of the mortgage or other encumbrance or transfer, as the case may be and the mortgage or other encumbrance or transfer, as the case may be and the] amount of the claim, and the parties agree to the payment of any particular sum in full satisfaction of the said charge, such sum shall be paid in accordance with such agreement. Where no such agreement is reached, the parties shall be advised to get the matter decided by a court of competent jurisdiction, and till such decision the amount of the claim or, where such amount exceeds the amount the entire amount shall be kept in deposit in the Government treasury.

(1) If after the enforcement of Section 3 any person either by himself or through any member of his family as Bhumidhar or Asami acquired land in any manner whatsoever whether by transfer, exchange, lease agreement or succession which with or without the land already held by him or any member of his family exceeds in the aggregate the limit fixed under Section 3, he shall, within [30 days from the date of such acquisition submit to the [Deputy Commissioner or the Competent Authority] a return in 11. Substituted by notification No. F. ll/(12)/SK/C/76dated 14-1-1976. [Form AA] giving particulars of all his land and selecting the land he desires to retain.

(2) If he fails to submit a return and select the land within the period mentioned in sub-rule (1) the competent authority may obtain information as provided under Rule 4. Rules 5 to 13 shall thereupon apply mutatis mutandis.

After the publication the list under sub-section (3) of section 9 if any portion of the land included in the list is not comprised of a complete khasra number, the competent authority shall get such land demarcated by an officer not below the rank of an Assistant Collector of Grade II. In such demarcation effort shall be made as far as possible to allow a person from whose holding the excess land has to be determined, to retain that part of the said khasra number which is adjacent to the land already held by him.

(i) scientific experiment or research;

(ii) construction of residential houses ;

(iii) institution for social and cultural advancement;

(iv) charitable or philanthropic institutions ;

(v) cultural or recreational institutions ;

(vi) institutions connected with development of man-power or national discipline schemes;

(vii) institutions or schemes to promote any other form of social and economic development;'

(viii) any other scheme of development which may be approved by the Chief Commissioner from time to time.

11. Substituted by Notification No. F. 11/(12)8 K/C76 dated 14-1-1976.

(i) Excess land, if any, in the village shall be allotted to the landless agricultural labourers particularly those belonging to the scheduled castes and scheduled tribes residing in the same village.

(ii) In case there is no landless agricultural labourer/labourers residing in the same village the landless agricultural labourers (particularly those belonging to the scheduled castes and scheduled tribes) residing in the contiguous village ; and

(iii) In case, there is no landless agricultural labourer in the contiguous village the landless agricultural labourer ( particularly those belonging to the scheduled castes or scheduled tribes) residing in any village in the Union territory of Delhi.]

The unit of land for allotment under these rules shall be not less than one 1[xxxx] acre and not more than two standard acres.

Provided that a unit of land may be reduced in any case to less than one standard acre if it is necessary to do so on account of its small size, peculiar shape or location.

(1) No person or any member of his family shall be allotted any land in excess of one unit or shall be entitled to further allotment if an allotment to him or to any member of his family has already been made under these rules. 11. Omitted by Notification No. F. 1 l/(ii)/SK/C 76. [ x x x x x x x]

(2) All allottees shall execute an agreement containing the following conditions:-

(i) that the entire land shall be brought under cultivation or such use for which it has been allotted, within 22. Substituted Notification N. F. 11(12)/SK/C 76 dated 14.1.1976. [one year] of the allotment;

(ii) that the allottee shall pay rent or land revenue, as the case may be, in accordance with Rule 29:

Provided that the amount so fixed shall not be less than that chargeable at the circle rate not more than double thereof.

Explanation-For the purpose of this proviso and the first proviso to sub-rule (1) of Rule 29, 'circle rate' will mean the revenue rates, sanctioned by the Government, as given in Appendix 3 to the First Report on the III Revenue Settlement in Delhi District.

(iii) that the allottee shall comply with any other condition that may be specified by the Chief Commissioner in the form of agreement.

(1) The allottee shall pay premium as calculated by the Competent Authority in accordance with Section 10 as amended by the Delhi Land Holding (Ceiling ) Amendment Ordinance, 1975.

(2) The premium shall be payable in annual instalments not exceeding twenty, together with interest at the rate of 21/4 per cent per annum on the unpaid amount of the

11. Substituted by Notification No. F.11(12)SK/C 76 dated 14.1.1976. [(3) The first instalment of the premium shall be payable by the allottee within one year of taking possession and subsequent instalment shall be due on the first anniversary of the date when the first instalment fell due.

(4) Any amount payable under this rule shall, if it remains unpaid by the date, be recoverable as arrears of land revenue and the Competent Authority shall have the right to issue certificate under Section 5 of the Revenue Recovery Act ( Act 1 of 1890).]

In case the allottee is a registered co-operative joint farming society, the land allotteed to the society shall revert to the Government free from all encumbrances from the date of the cancellation of its registration, if the registration is cancelled within ten years of the date of allotment and any person holding or retaining possession of such land thereafter shall be deemed to be a trespasser.

'(Provided further that where the land allotted is virgin land, no rent shall be charged for the first three years if the allottee has cultivated the land within one year of the date of allotment.)"

(1) Until the rights of a Bhumidhar are conferred on an allottee under sub-rule (2) of Rule 36 every allottee shall pay rent in respect of the land allotted to him at the rate fixed by the Authorised officer;

(2) On conferment of rights of a Bhumidhar under sub-rule (2) of Rule 36, the allottee shall cease to pay rent in accordance with sub-rule (1) but shall be liable to pay thereafter land revenue in respect of the land at such rate as may be assessed in accordance with law.

For breach of any of the conditions of the agreement under Rule 26, the land shall be liable to forfeiture subject to refund of the amount of premium paid by the allottee. No [amount] shall be paid for improvement, if any, carried out by the allottee on the land. Failure to pay the instalments of the premium on the due dates or continuous default in payment of the land revenue or rent shall be treated as a breach punishable with forfeiture.

(1) After the land to be reserved by the Chief Commissioner under Section 15 read with Rule 23 has been determined considering the needs of the Gaon Sabha or village community the remaining excess land may be allotted in accordance with these rules.

(2) The following procedure shall be followed in respect of each such allotment :

(i) The Tehsildar (Mahal) shall prepare a list of such lands after demarcating them in suitable plots. He shall submit that list to the authorised officer after whose aproval a proclamation shall be issued in the village where the land is situate and the village contiguous thereto inviting applications

(ii) The proclamation shall be published by pasting a copy thereof at the village Chaupal, the Panchayat Ghar or any other normal meeting place of the Gaon Pachayat or where there is no such place, at a conspicuous place in village cocerned and villages contiguous thereto on the notice boards of the Tehsil, office of the Deputy Commissioner, Authorised Officer and the Block Development Officer, and also by supplying a copy thereof to the Pradhan of the Goan Sabhas concerned for communication to the members of the Gaon Panchayats and for publicity in their areas giving the following details:

(a) Name of village ;

(b) Khasra number proposed for allotment;

(c) Total area;

(d) Land revenue or rent to be charged for the land :

(e) Date by which, and the name of the officer to whom, application should reach;

(f) Date, time and place where allotment will take place

(iii) The society or individual desirous of being cosidered for allotment of surplus land shall send an application in Form 'D' along with an affidavit appended to it by the dates specified in the notice ;

(iv) All the applications received upto the specified date shall be entered in a register to be maintained by the Tehsildar ( Mahal)

(1) On the expiry of the last date by which the applications are to be received, the Tehsildar (Mahal) shall prepare a list of all the applicants stating in brief the particulars of land proposed for allotment and forward it to the Gaon Panchayat with a notice in Form 'E' asking it to furnish within 15 days of the receipt of the notice a report on the suitability or otherwise of the applicant for allotment of land. The Gaon Pancayat shall send its recommendations to the Tehsildar within the said period in the form of resolution.

Provided that if the Gaon Panchayat fails to send its recommendations as aforesaid, the Tehsildar ( Mahal) shall proceed further after 15 days of the receipt of the notice in form 'E' by the Gaon Panchayat and shall send his recommendations to the authorised officer for the allotment of the land.]

11. Added by Notification No. F. 11/(12/SK/C/76, dated 14-1-1976. [(2) The Tehsildar ( Mahal) after considering the report of the Gaon Panchayat, if available, after such further enquiry as may be considered necessary, shall send all applications to the authorised officer indicating therein the applications as are not accompanied by requisite affidavit or which are not otherwise in order.

(3) The authorised officer shall examine applications received from Tesildar (Ma- hal) under sub-rule (2) of this rule and pass appropriate order rejecting such application as he considers it necessary giving in brief the reasons for doing so.]

(4) With regard to the remaining applications the authorised officer shall take

The authorised officer shall make the allotments in the village concerned on the date, time and place notified in the original notice inviting applications after having informed the Pradhan and members of Gaon Panchayat concerned and also after notifying the same by means of beat of drum in the abadi of the village concerned or in contiguous village if the village concerned happens to be unhabited. The allotment shall be made at the village Chaupal, Panchayat Ghar or any other normal meeting place of the Gaon Panchayat. The allotment shall then be made according to the order or priority provided in Rule 24. If the number of applications is more than the number in whose favour allotment can be made and all the applicants belong to the same category of applicants, the allotment shall be decided by drawing lots from amongst the applicants of that category.

If for any reason it is not possible to decide the allotment of land on the date and time fixed by the authorised officer, he may fix any other date and time for the purpose, by giving a fresh notice and by publishing it in the manner specified above.

If any person to whom land has been allotted refuses to accept the same and fails to execute the agreement as required in Rule 26 the authorised officer shall allot the land by drawing lots in the manner indicated above from amongst the remaining applicants. Fresh applications shall not be considered until all the original applicants, whatever their category may be, have been considered:

Provided that if the land is surrendered by an allottee, after he has executed the agreement required under Rule 26 or if it has reverted to Government on account of any breach of terms of allotment or otherwise the re-allotment of the land shall be taken up afresh according to the procedure laid down in Rules 24 to 33 and fresh applications invited.

(1) An allottee shall have permanent and heritable rights and may raise loans on the security of land from the Government or and scheduled bank.

(2) The rights of a Bhumidhar shall be conferred on him as soon as he has completed payment of instalment of compensation or after a period of five years whichever may be later.

(3) If the allottee fails to fulfil the condition contained in sub-rule (2), the land shall revert back to the Government and the allotment shall be cancelled : Provided that the premium, if any, paid by the allottee shall be refunded to him.

Where the land which is the subject matter of allotment is not clearly demarcated or is a portion of a big plot the allotment shall be taken up after it has been got demarcated by the authorised officer. is a portion of a big plot the allotment shall be taken up after it has been got demarcated by the authorised officer.

The competent authority and the authorised officer shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 when trying a suit, in respect of the following matters, namely:-

(a) enforcing the attendance of any person and examining him on oath;

(b) compelling the production of documents and material objects; and

(c) issuing commissions for the examination of witnesses.

Where there is a provisions in the Act or these rules for the service of any document on any person and there is no specific provision as to the manner of service, Such document shall be served in the manner provided for service of a summons in the Code of Civil Procedure, 1908.

Every document mentioned in column 3 of Schedule I appended to these rules shall be chargeable with, court fee specified against it in the corresponding column 4 thereof and no document so chargeable shall be entertained or acted upon by any officer or authority unless the full amount of court fee chargeable thereon has been paid.

(1)If any person whose land has been declared excess in consonance with the provisions of Sections 3, 6 and 9 and possession of the said excess land taken over by the Deputy Commissioner in consonance with the provisions of Section 14, such persons (bhumidhar or asami or his agent shall not be entitled to any amount for the crops sown after the date of taking over possession of the excess land by the Deputy Commissioner and he or she or his or her agent shall also be liable to pay such amount as damages to the Government for the unauthorised use of such excess land, as the Competent Authority may determine keeping in view the illegal benefit derived by such person or persons from such land after giving notice to such person/persons and giving them an opportunity of being heard

(2) Such amount shall be recoverable as arrears of land revenue on a certificate to be issued by the Competent Authority and the prosecution under Section 447 IPC will not debar the Competent Authority from determining and recovering such amount as damages.

All proceedings relating to determination of excess land and payment of amount therefor under the Principal Act pending immediately before the commencement of the Ordinance (Ordinance No. 27 of 1975) before the Authority shall be continued and disposed of in accordance with the provisions of the Principal Act and in accordance with the Delhi Land Holdings (Ceiling) Rules, 1961 as it stood before the commencement of the aforesaid Ordinance and also before the commencement of the Delhi Land Holdings (Ceiling) (Amendment) Rules, 1976 except the provisions of Rule 2(b) and Rule 41 of these rules.

11. Added by Notification No. F. ll(12)/SKK/76 dated 14.1.1976

Any person aggrieved by an order passed under Section 9(2) of the Delhi Land Holdings (Ceiling) Act by the Deputy Commissioner or any other officer authorised by the Administrator may file an application for reviving under Section 20 of the said Act within 30 days of the passing of such order. This will not, however, preclude the Administrator from calling any record of the proceedings pending before or disposed of by the Competent Authority or the Deputy Commissioner or any other officer authorised by him.]

FORM

[See Rule 3(1)]

FORM A (1)

[See Rule 3(1)]

(Form of affidavit to be Filled in by a Bhumidhar/Asami)

I solemnly affirm that the particulars given by me in the declaration in form 'A' annexed hereto are true to the best of my knowledge and belief and that nothing has been concealed.

Bhumidhar /Asami

Son of..

r/o

Dated:

Certified that the above declaration was made on solemn affirmation before me on

this.. ..day of.196..at.by Shri. son of

Shri. ....resident of. ..

Dated:

Magistrate/Oath Commissioner

At.

Certified further that the above affidavit has been read out to

Shri.s/o..r/o. ...the

defendent who seems perfectly to understand the same at the time of its making thereof.

Dated:

Magistrate/Oath Commissioner

at.

Foil & Counter foil.

FORM

FORM AA

Name of village Name of bhumidhar No. of family members , their names and ages on 24-1-71 Minor son and wife Major sons 1 2 3 Details of the land owned as Bhumidhar or possessed as Asami on 24-1-71. Bhumidhar Kh. No. Area Assami Kh. No. Area 4 Details of the land acquired after 24-1-71 up to the present day as bhumidhar or asami Details of land soldafter 24-1-71 Kh. No Area Kh. No. Area Kh. No. Area 5 6 Land held by him in their own names or in the names of their family members Any other detail for deciding the ceiling u/s 3 of the Act not covered in previous column In their own names In the names of family members Kh. No. Area Kh. No. Area 7 8

I solemnly affirm that particulars given by me above in form "AA" are true to the best of my knowledge and belief and nothing has been concealed there from.

(Signature of the Bhumidhar)

Attested:

Certified that the above declaration or solemn affirmation was made before me at Delhi/New Delhi was read over to the deponent who admitted it correct.

Executive or Metropolitan Magistrate, Delhi.

Dated.

L.H.(C)FORM

[See Rule 2(4)]

L. H.(C) FORM B

[See Rule 2(4)]

(Acknowledgment of receipt of return submitted by the Bhumidhar/Asami under Section.. of the Act).

This is to acknowledge receipt of.. copies of

forms. And submitted by (name) ..(Bhumidhar/

Asami) son of. of village. .Tehsil. .District.

Signature of Competent

Authority.

L.H.(C)FORM

[See Rule 7]

L. H.(C) FORM C

[See Rule 7]

List showing the land held by a person, in excess of the aeiling limit to be ecquired under Section 6(3) of the Delhi Land Holding (Ceiling) Act, 1960.

Name and parentage

In case transfer has been made which is not valid name of the transferee

Village

Khasra No.

Total area with classification

Area not exceeding the ceiling limit which the Bhumidhar/ Asami is entitled to retain

Particulars of the area exempted from ceiling

Area to be restored

Excess land in which an Asami acquires the right of Bhumi-dhari

Excess land which will vest in the GovL

Total excess land

KhasraNo.

Area

1 2 3 4 5 6 7 8 '9 10 11

Signature of the Competent Authority

NoDated:..

A copy is forwarded to...s/o....Bhumidhar/

Asami,r/o Village...Tehsil..District....for necessary

action under rule....

L.H.(C)FORM

[See Rule 31 (2) (iii)]

L. H.(C) FORM D

[See Rule 31 (2) (iii)]

Application for the allotment of land for cultivation

To.(Competent Authority)

..

..

1. Name (in full) of the applicant..

2. Father's name....

3. Means of Livelihood ...

4. Name of village where (he applicant resides..

5. Details of land applied for....

Village Khasra No. Area (1) (2) (3)

II. The applicant hereby applies for allotment of land specified in item 5 above for cultivation.

III. The applicant further declares that:-

(i) he is a landless person/owing land as detailed below:-

Name of village in which land is held Khasra No. Area (1) (2) (3)

(ii) he is a landless labourer residing and working in agricultural operations in Village..

Date..

Signature of applicant

Verification

I..do hereby solemnly affirm that the contents paragraphs 1 to

3 of the applicant are true to the best of my knowledge and belief. Verified and signed on

Signature of applicant

L.H.(C)FORM [See Rule 32]

L. H.(C) FORM E

[See Rule 32]

Name of applicant

Father's name

Residence

Means of livelihood

Details of land held by the applicant

Details of land applied for

Name of village

KhasraNo.

Area with its kind

In what capacity

Village

Khasra No.

Area

(1) (2) (3) (4) (5) (6)

Forwarded to the Gaon Panchayat for a report within fifteen

days of its receipt on the suitability or otherwise of the applicant

for allotment of land as specified above in col .6.

Tehsildar (Mahal)

SCHEDULE(See Rule 40) SCHEDULE I

(See Rule 40)

S

I.

No.

Section of the Act

Description of application and other proceedings

Proper fee

1.

8 (4) Proviso

Application for restoration

of excess land or such part thereof as does not exceed the ceiling limit.

Rupee one and twenty

five nP.

2.

9(1).

Objection to an entry in the list published under

sub-section 3 of Section 6.

Rupee one and twenty

five nP.

3

10(4)

Claim for a charge on compensation assessment due to a mortgage or an encumberances.

Rupees five.

4.

19

Memorandum of appeal

from an original order.

Rupees five.

. 5.

20(1)

Application for revision

of any order.

Rupees five

6.

26(1)

Application for exemption

From the operation of Section 3 Any plaint, petition, application, objection or memorandum of appeal not exempted from payment

of Court fees and

not specifically provided for in this schedule.

Rupees five

As in the Court Fees Act, 1870 for the

proceedings of that nature.

By Order,

Additional Collector: Delhi