जिस्ट्री सं ० डी . 221
REGISTERED No. D. 221
भारत को राजपत्र The Gazette of India
असाधारण
EXTRAORDINARY
भाग IIलड-1
PART II- Section 1
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
सं. 44] नई दिल्ली, बृहस्पतिवार , दिसम्बर 2 , 1965/ प्रग्रहायणा 11, 1887
No. 44 NEW DELHI , THURSDAY , DECEMBER 2 , 1965 / AGRAHAYANA 11 , 1887
इस भाग में भिन्न पृष्ठ संख्या की जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके ।
Separate paging is given to this Part in order that it may be fled as a separate compilation .
MINISTRY OF LAW
( Legislative Department )
New Delhi , the 2nd December , 1965 / Agrahayana 11 , 1887 ( Saka )
The following Act of Parliament received the assent of the Presi- dent on the 30th November , 1965 , and is hereby published for general information: -
THE DELHI LAND REFORMS ( AMENDMENT)
ACT , 1965
No. 38 or 1965
[30th November , 1965 ]
An Act further to amend the Delhi Land Reforms Act , 1954 . BE it enacted by Parliament in the Sixteenth Year of the Republic of India as follows: -
1. (1 ) This Act may be called the Delhi Land Reforms (Amend- ment ) Act , 1965 .
Short title and com- mence- ment .
(2) Sections 23 and 24 shall be deemed to have come into force on the seventh day of April , 1958 ; and the rest of this Act shall come into force at once .
Delhi Act 8 of 1954
Amend. ment of section 6.
2. In clause ( b ) of section 6 of the Delhi Land Reforms Act, 1954 (hereinafter referred to as the principal Act ) , for the word and figures " section 36 " , the words , figures and letter " section 36 or sec- tion 65A " shall be substituted ,
(563)
732 G of I- 1.
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II 564
Amend- rment of section 33 ,
3. Section 33 of the principal Act shall be re - numbered as sub- section ( 1 ) thereof and after sub - section ( 1 ) as so re-numbered, the following sub - section and Explanation shall be inserted , namely:-
" ( 2 ) Nothing contained in sub - section ( 1 ) shall preclude the transfer of land by a Bhumidhar who holds less than eight standard acres of land , if such transfer is of the entire land held by him:
Provided that such Bhumidhar may transfer a part of such land to any religious or charitable institution or other person referred to in sub - section ( 1) .
Explanation . For the purposes of this section , a religious or charitable institution shall mean an institution established for a religious purpose or a charitable purpose , as the case may be ." .
4. In section 36 of the principal Act , in sub - section ( 1 ) ,
Amend- ment of section 36 .
(a) in clause (f) , the word " or " at the end shall be omit- ted;
( b ) clause ( g ) shall be re - lettered as clause ( h ) , and be- fore the clause as so re - lettered , the following clause shall be inserted , namely : -
" ( g) dependent for assistance in agricultural opera- tions on a person serving in the armed forces of the Union and certified by the Deputy Commissioner to be so depen- dent; or" ;
( c) in the proviso , for the words , brackets and letters "clauses (a) to ( g) " , the words , brackets and letters " clauses (a) to ( h ) " , shall be substituted .
5. In section 38 of the principal Act , for the word and figures " section 46 " , the word and figures " section 42 " shall be substituted.
Amen- ment of section 38 .
6. For section 40 of the principal Act , the following section shall be substituted , namely : -
Substitu- tion of new section for section 40 .
Excha
" 40. ( 1 ) Subject to the provisions of section 33 , a Bhumi- dhar may exchange lands held by him as such-
(a) for lands held by any other Bhumidhar as such , or
(b) for lands for the time being vested in a Gaon Sabha or local authority or in Government :
Provided that no such exchange shall be made except with the permission of the Deputy Commissioner , who will re- fuse permission if the difference between the area of the land SEC . 1 ]
THE GAZETTE OF INDIA EXTRAORDINARY
565
given in exchange and of the land received in exchange in term of standard acres is more than ten per cent . of the area în standard acres of the land which is smaller in area .
(2 ) Where the Deputy Commissioner permits exchange , he shall also order the relevant annual register to be corrected accordingly.
(3) On exchange made in accordance with sub - section ( 1 ) , the parties to such exchange shall have the same rights in the land received in exchange as they had in the land given in ex- change." .
7. In section 42 of the principal Act ,-
Amend- ment of section 42 .
(a) in sub -section ( 1 ) , for the word and figures " section 33" , the words " this Chapter by a Bhumidhar or Asami " , for the words " the transferee" in the first place where they occur , the words " the transferee and every person who may have obtained possession of such holding or part" and for the words "Gaon Sabha , " , the words "Gaon Sabha or the landholder , as the case may be , " shall respectively be substituted ;
( b ) for sub - section ( 3 ), the following sub- section shall be substituted , namely: -
" ( 3 ) Notwithstanding anything contained in sub - sec- tion ( 1 ) , the Revenue Assistant also may , on receiving information or on his own motion , take action to eject the transferee and every person who may have obtained possession as aforesaid , after following such procedure as may be prescribed ." .
section 45 . Amend- ment of 8. In sub - section (2 ) of section 45 of the principal Act , for the words , brackets , letter and figures " from the operation of clause (b ) of section 33 " , the words brackets and figures " under the proviso to sub - section ( 1 ) of section 33 " shall be substituted .
9. Section 46 of the principal Act shall be omitted.
Omission of section 46.
Amend- ment of section 47 .
10. In section 47 of the principal Act , for the words and figures " In a suit under section 46 " , the words and figures " under section 42 " shall be substituted .
11. After section 55 of the principal Act , the following section shall be inserted , namely :-
Insertion of new seo- tion 65A .
" 65A . ( 1 ) Where on the basis of any information received by him or otherwise the Deputy Commissioner has reason to believe that any land included in the holding of a Bhumidhar
Conse- quences Bhumidhar where THE GAZETTE OF INDIA EXTRAORDINARY
566
[PART II
or Asami leaves land un- cultivated .
or Asami has not been used for two consecutive agricultural years immediately preceding for a purpose connected with agriculture , horticulture or animal husbandry which includes pisciculture or poultry farming , he may , unless the land lies within the belt referred to in section 23 or unless sanction under that section has been obtained in respect thereof , by notice require-
(i ) the Bhumidhar to appear and show cause why the land may not be let out for any such purpose as aforesaid to any person;
( ii ) the Asami to appear and show cause why his Interest may not be extinguished and the land restored to the Bhumidhar or the Gaon Sabha , as the case may be .
(2) The notice under sub - section ( 1 ) shall state the grounds for believing that the land has not been used for any purpose referred to in that sub - section and such other particulars as may be prescribed.
(3) If the Bhumidhar or the Asami appears and satisfies the Deputy Commissioner-
(a) that the land was used for a purpose connected with agriculture, horticulture or animal husbandry which includes pisciculture and poultry farming during the period mentioned in sub -section ( 1 ) ;
(b) that he had sufficient cause for not using it as aforesaid; or
(c) that he shall , within one year next following the date of service of the notice under sub -section ( 1 ) , use the land for any such purpose as aforesaid unless in the mean- time the land is included within any belt referred to in sec- tion 23 or the use of the land for industrial purposes is sanc- tioned under that section ,
the Deputy Commissioner shall , in a case falling under clause (a) or clause ( b ) , discharge the notice forthwith andin a case falling under clause ( c) , postpone further proceedings to a date one year after the date of service of the said notice.
THE GAZETTE OF INDIA EXTRAORDINARY
Suc . 1 ]
567
(4) On the date fixed under sub - section ( 3 ) or any other date to which the proceedings may be adjourned , the Deputy Commissioner , if he is satisfied that the land has been used . for any such purpose as aforesaid during the said period of one year or that the land has been included within the belt referred to in section 23 or that sanction as aforesaid has been obtained in respect thereof , discharge the notice or if he is not so satis- fied, unless for reasons to be recorded in writing he allows further time, he shall
(i) if the land is that of the Bhumidhar , lease it on be- half of the Bhumidhar to any person for a period of five years in such manner and on such terms and conditions as may be prescribed;
( it ) if the land is that of the Asami of the Bhumidhar , terminate the lease and restore the land to the Bhumidhar subject to the condition that the Bhumidhar shall under- take to cultivate the land within six months from the date it is restoredto him; and if the Bhumidhar does not give such undertaking or fails , after giving such undertaking , to cultivate the land within the said period , the Deputy Commissioner may lease the land on behalf of the Bhumi- dhar , to any person for a period of five years in such man- ner and on such terms and conditions as may be prescribed; and
( iii ) if the land is that of the Asami of a Gaon Sabha, terminate the lease and restore the land to the Gaon Sabha:
Provided that the restoration of the land of the Asami under this sub - section shall be without prejudice to any right of the Bhumidhar or Gaon Sabha , as the case may be , to recover any rent due from the Asami .
(5 ) If the Bhumidhar or Asami appears in response to the notice under sub - section ( 1 ) but does not undertake to use the land as provided in clause ( c ) of sub -section ( 3 ) , or if the Bhu- midhar or Asami does not appear in response to such notice and the Deputy Commissioner , after such inquiry as he may con- sider necessary , is satisfied that the Bhumidhar or Asami has failed to use the land as aforesaid during the period referred to in sub - section ( 1 ) , he shall , unless for reasons to be recorded in writing he decides to discharge the notice , take action under clause ( i) or clause ( ii ) or , as the case may be , clause ( iii ) of sub -section (4 ) , THE GAZETTE OF INDIA EXTRAORDINARY
568
[PART I
(6) On the expiry of the period of any lease of land under sub - section ( 4) or sub - section ( 5 ) , if the Deputy Commissioner , after making such inquiry as he thinks fit , is satisfied-
(a) that the land has been properly cultivated , he may declare the lessee to be Bhumidhar in respect of such land subject to the payment by him to the original Bhumidhar of compensation equal to twenty times the land revenue then payable for such land either in one lump sum or in such instalments together with interest as may be prescrib- ed and upon such declaration the interest of the original Bhumidhar shall be extinguished;
(b ) that the land has not been properly cultivated by the lessee , the Deputy Commissioner shall terminate the lease and may lease the land on behalf of the Bhumidhar , to another person for a period of five years in such manner and on such terms and conditions as may be prescribed and on the expiry of the period of such lease , the provisions of this sub - section shall apply :
Provided that no lease shall be terminated unless the lessee has been given a reasonable opportunity of being heard.
(7) Nothing contained in this section shall apply to a Bhumidhar to whom the provisions of section 65 apply . " .
12. In section 67 of the principal Act , after clause (b ) , the fol- lowing clause shall be inserted , namely : --
Amend- ment of section 67 .
" ( bb) when a declaration in respect of such holding or part is made under clause ( a) of sub - section ( 6) of section 65A ," .
13. In section 68 of the principal Act , after clause ( d) , the fol- lowing clause shall be inserted, namely :-
Amend- ment of section 68 .
" (dd) where his lease is terminated under clause ( ii ) ΟΙ clause ( iii ) of sub - section (4) , or clause ( b ) of sub - section ( 6) , of section 65A ," .
Sxc . 1 ] THE GAZETTE OF INDIA EXTRAORDINARY
569
14. In section 75 of the principal Act,-
Amend- ment of section 75.
(a) in sub - section ( 1) -
(i ) clause ( a) shall be re - lettered as clause ( aa ) and before the clause as so re -lettered , the following clause shall be inserted , namely : -
" ( a) persons in the armed forces of the Union and the dependents of such of those persons as are killed in action , special preference being given in the case of persons decorated for gallantry, " ;
( ii ) in the first proviso , for the word , brackets and letter " clause (a ) " , the word , brackets and letters " clause (aa) " and for the word and figures " section 84 " , the words , brackets and figures " sub -section ( 1 ) of section 84" shall respectively be substituted;
(b) for sub - section ( 2 ) , the following sub - sections shall be substituted , namely : -
" ( 2 ) The Deputy Commissioner may, on his own motion , and shall , on the application of any person aggriev- ed by an order of the Gaon Sabha passed under sub - sec- tion ( 1 ) , enquire in the prescribed manner and if he is satisfied that the Gaon Sabha has acted with substantial irregularity or otherwise than in accordance with the pro- visions of this Act , he may cancel such order .
(3) Where the Deputy Commissioner cancels an order relating to admission of a person as Bhumidhar or Asami the right, title and interest of such person or any person claiming through him shall cease in the land to which the order relates and shall revert to the Gaon Sabha and any per- son holding or retaining possession of such land after such cancellation shall be deemed to be a trespasser in respect of such land and shall be liable to ejectment in the manner prescribed ." .
Amend. ment of section 76 .
15. In section 76 of the principal Act , for the figures and word " 46 , 81 , 86 and 87 " , the figures , letter and word " 81 , 85 , 86, 86A and 87 " shall be substituted .
16. Section 77 of the principal Act shall be re - numbered as sub- section ( 1 ) thereof and,-
Amend . ment of section 77 .
(a) in clause ( a ) of sub- section ( 1 ) as so re- numbered , for the word and figures " section 46" , the word and figures " section 42" shall be substituted;
THE GAZETTE OF INDIA EXTRAORDINARY
[PART 1 570
(b ) after sub - section (1 ) as so re - numbered, the following sub - section shall be inserted , namely : -
" ( 2 ) Notwithstanding anything contained in sub- sec- tion ( 1 ) , a Bhumidhar referred to in clause (f) of sub - see- tion ( 1 ) of section 36 may , on retirement or discharge from the armed forces of the Union or on being sent on Reserve , within six months of such retirement or discharge or of his being sent on Reserve , apply to the Deputy Commissioner for ejectment of the Asami of his land , and the Deputy Commissioner may , after notice to the Asami and subject to such conditions as he may think fit to impose , cause possession of the land to be delivered to such Bhumidhar as soon as. possible or , where there are standing crops on such land , within one month of the harvesting of such crops." .
Amend- ment of section 80 .
17. In section 80 of the principal Act , for the word and figures " section 77 " , the words , brackets and figures " sub - section ( 1 ) of section 77 " shall be substituted .
18. Section 81 of the principal Act shall be re- numbered as sub- section ( 1 ) thereof and-
Amend. ment of section 81 .
(a) in sub -section ( 1 ) as so re - numbered , for the word " damage" , the word " damages " shall be substituted ;
(b) after sub - section ( 1 ) as so re - numbered , the following sub - section shall be inserted , namely: -
" ( 2 ) Notwithstanding anything contained in sub - sec- tion ( 1 ) , the Revenue Assistant also may , on receiving information or on his own motion , eject the Bhumidhar or Asami , as the case may be , and also recover the damages referred to in sub - section ( 1 ) , after following such procedure as may be prescribed ." .
19. Section 84 of the principal Act shall be re - numbered as sub- section ( 1 ) thereof , and after sub - section ( 1 ) as so re -numbered , the following sub- section shall be inserted , namely:--
Amend- ment of section 84.
45 of 1860 .
" ( 2 ) Where any person against whom a decree for ejectment from any land has been executed in pursuance of a suit under sub - section ( 1 ) re - enters or attempts to re - enter upon such land otherwise than under authority of law , he shall be presumed to have done so with intent to intimidate or annoy the person in possession or the Gaon Sabha , as the case may be , within the meaning of section 441 of the Indian Penal Code. " .
THE GAZETTE OF INDIA EXTRAORDINARY
571
-- :
20. In section 85 of the principal Act ,-
Amend- ment of section 85 .
(a ) in clause ( in ) , for the word and figures " section 84 " , the words , brackets and figures " sub - section ( 1 ) of section 84 " shall be substituted ;
(b) the following provisos shall be inserted at the end , namely :-
"Provided that if in the revenue records of the fasli year ending on the 30th June , 1954 , the land referred to in clause (iii ) was not included in the holding of the person taking or retaining possession or his predecessor - in - interest , or was not recorded as being in the cultivation of such person or his predecessor - in - interest , then , notwithstanding the expiry of the aforesaid period of limitation for such suit or decree , the suit may be filed or the decree obtained in such suit may be executed within a period of three years from the date of passing of the Delhi Land Reforms ( Amendment ) Act , 1965 :
Provided further that the benefit of the extension of the period of limitation under the preceding proviso shall not be availed of in any case where a person who has become a Bhumidhar in respect of any land under clause ( iii ) has transferred such land to another person for valuable consi- deration before the 10th May , 1965. " .
21. After section 86 of the principal Act , the following section shall be inserted , namely : -
Insertion of new section 86A .
" 86A . Notwithstanding anything contained in sections 84 , 85 and 86 , the Revenue Assistant also may , on receiving informa- tion or on his own motion , eject any person who is liable to be ejected from any land on a suit of the Gaon Sabha under any of those sections , after following such procedure as may be prescribed ." .
tant of Ejectment by Reve- nue Assis- persons occupying land without title.
22. In section 138 of the principal Act , the second proviso shall be omitted.
Amend- ment of section 138
23. In section 150 of the principal Act , after sub - section ( 2 ) , the following sub - sections shall be inserted , namely :--
Amend- ment of section
" (3 ) If the whole of a Gaon Sabha area ceases to be included 150. in rural areas as defined in the Delhi Municipal Corporation Act ,
732 G of I- 2 .
THE GAZETTE OF INDIA EXTRAORDINARY
572
[PART II
66 of 1957 1957 , by virtue of a notification under section 507 of that Act, the Gaon Sabha constituted for that area shall thereupon stand dissolved and on such dissolution, -
(a) all properties , movable and immovable , and all interests of whatsoever nature and kind therein , including moneys held in Gaon Sabha Area Fund , vested in the Gaon Sabha immediately before such dissolution, shall , with all rights of whatsoever description , used , enjoyed or possessed by such Gaon Sabha , vest in the Central Government ;
(b ) all duties , obligations and liabilities incurred , all contracts entered into and all matters and things engaged to be done by , with or for the Gaon Sabha before such dissolution shall be deemed to have been incurred , entered into or engaged to be done with or for the Central Govern- ment;
( c) all rates , taxes , cesses , fees , rents and other charges due to the Gaon Sabha immediately before such dissolution shall be deemed to be due to the Central Government ;
(d) all suits , prosecutions and other legal proceedings instituted or which might have been instituted by or against the Gaon Sabha may be continued or instituted by or against the Union of India ;
( e) the provisions of this Act shall apply in relation to lands in such Gaon Sabha area , not being lands vested in the Central Government under clause ( a ) , subject to the modification that references therein to Gaon Sabha Gaon Panchayat shall be construed as references to Central Government ; and the
(f ) notwithstanding anything contained in clause ( b ) of sub - section ( 2 ) of section 1 , the provisions of sections 84 , 85 , 86 , 86A and 87 and any other provision of this Act relat- ing to ejectment of persons shall apply in relation to lands vested in the Central Government under clause ( a) subject to the modification that references therein to Gaon Sabha and Gaon Panchayat shall be construed as references to the Central Government .
(4) If only a portion of a Gaon Sabha area ceases to be in- cluded in rural areas as aforesaid , the jurisdiction of the Gaon Sabha constituted for that area shall cease in respect of that portion and upon such cesser , the provisions of clauses ( a ) to (f) of sub - section ( 3 ) shall apply to that portion as if the Gaon Sabha had been constituted for that portion alone and dissolved , subject to such incidental and consequential orders as the Chief Commissioner may deem necessary to make.
THE GAZETTE OF INDIA EXTRAORDINARY
SEC. 1 ]
573
(5) If the size of a Gaon Sabha area is reduced as a result of a portion thereof ceasing to be included in rural areas as afore- said and the Chief Commissioner is of the opinion that the size of the Gaon Sabha area is not sufficiently large to be under the jurisdiction of a separate Gaon Sabha, he may , by notification in the Official Gazette , declare that such Gaon Sabha area shall , from a date to be specified in the notification , cease to be a separate Gaon Sabha area and the Gaon Sabha constituted there- for shall stand dissolved and may direct that the said area shall be included in one or more adjoining Gaon Sabha areas , and thereupon , the provisions of section 3 of the Delhi Panchayat Raj Act , 1954 , shall , so far as may be , apply." .
Delhi Act 8 of 1955 .
24. Section 154 of the principal Act shall be re - numbered as sub- section ( 1 ) thereof and after sub- section ( 1 ) as so re - numbered , the following sub - section shall be inserted , namely: ---
Amend- ment of section 154.
" ( 2) Where any land which is vested in the Central Gov- ernment under sub - section ( 3 ) or sub - section ( 4 ) of section 150 , is held immediately before such vesting by an Asami of a Gaon Sabha , then , notwithstanding anything contained in clause ( b ) of sub - section ( 2 ) of section 1 , and so long as it is held by such Asami , the provisions of this Act shall continue to apply to such land subject to the modification that all references therein to Gaon Sabha and Gaon Panchayat shall in relation to such land be construed as references to the Central Government ." .
25. After section 161 of the principal Act , the following sections shall be inserted , namely:--
Insertion of new sections 161A and 161B .
5 of 1908 .
" 161A. Notwithstanding anything contained in the Code of Civil Procedure , 1908 , or any other law for the time being in force,-
Delhi Act 3 of 1955 .
Govern- ment of India to be impleaded in certain suits by or Sabhas against (a) no suit or other proceeding under sub -section ( 2 ) of section 36 of the Delhi Panchayat Raj Act , 1954 , shall , after the date of passing of the Delhi Land Reforms Gaon (Amendment ) Act , 1965 , be instituted or , as the case may be , continued in any civil or revenue court unless the Union of India has been added as a plaintiff or defendant according as the case is by or against the Gaon Sabha ;
(b) no such suit or other proceeding shall be decided on the admission by the Pradhan or any representative of the Gaon Sabha with respect to the right or title of any person THE GAZETTE OF INDIA EXTRAORDINARY [PART II 574
to the property in dispute , whether made on his own motion or on the authority of a resolution of the Gaon Panchayat unless such admission has been authorised in writing by the Director of Panchayats , Delhi , or by such other officer as the Chief Commissioner may specify in this behalf .
161B . ( 1 ) Where in any suit or proceeding before any civil
Delhi Act 3 of 1955 .
Certain decrees and orders to be ret aside .
or revenue court filed under sub - section ( 2 ) of section 36 of the Delhi Panchayat Raj Act , 1954 , the ownership of any land has been decided in favour of any person other than the Gaon Sabha before the date of passing of the Delhi Land Reforms (Amend- ment ) Act , 1965 , then , notwithstanding anything contained in clause ( b ) of sub - section ( 2 ) of section 1 or in any other law for the time being in force , such decree or order shall , on an application made by the Government of India within twelve months from that date or within such further period as the court may , for sufficient cause , allow , be set aside if in the revenue records of the fasli year ending on the 30th June , 1954 , such land was not included in the holding of the person in whose favour the decree or order was passed or his predecessor - in- interest , or was not recorded as being in the cultivation of such person or his predecessor - in - interest .
(2) On the setting aside of any decree or order in any suit or proceeding by or against the Gaon Sabha under sub -sec- tion ( 1 ) , such suit or proceeding shall be tried or heard afresh with the Union of India added as a party ." .
SEC.1]
26. In Schedule I to the principal Act ,
Amendment of Schedule
(a) in column 6, for the words " Fifteen annas " , wherever they occur , the letters and figures "Rs . 1'25P . " shall be substituted ;
(b) for the entries against Serial No. 9, the following shall be substituted , namely :-
6
8
9 I
2
4
7
3
5
None
None
" و
Revenue Assis- tant .
Deputy Com- missioner .
transferee under sub- section ( r) . 42 ( 1 ) Suit for ejectment of
As in the Court- fees Act , 1870.
Chief missioner the case Bhumidhar only. Com- in of
N
Do.
Do.
Do.
Do.
Do. " ;
(ii) Proceedings for eject- ment of transferee under sub-section ( 3 ) .
(c) Serial No. 10 and the entries relating thereto shall be omitted ;
(d) after Serial No. 13 and the entries relating thereto , the following shall be inserted , namely:~
6
8 2
7
9
5
3
4
Nil
Do.1
Do.
13A 65A
Deputy Com- missioner .
Chief Com- missioner .
(i) Proceedings for leasing land on behalf of Bhumi- dhar under clause ( 1) or clause (ii) of sub- section (4) or under sub- section
575 1
2
3
4
5
None
None (2) Proceedings for termi- nating the lease under clause (ii) or clause ( iii) of sub - section under sub- section (4) or
Do."
Do.
de- ( i) Proceedings for claring the lessee to be Bhumidhar and extin- guishing the interest of the original Bhumidhar under clause (a ) of sub- section (6) .
Do
Do.
(iv ) Proceedings for termi- nation of lease and for iresh lease of land under clause ( b ) of sub - section (6) .
576
6
8
7
9
Nil
Deputy Com- missioner.
Chief Com- missioner .
Dc .
Do.
De .
Do.
Do.
Do.
." ;
( e) for Serial No. 15 and the entries relating thereto , the following shall be substituted , namely :-
2
4
3
S
15
75
Six months From the date oforder of Gaon Sabha .
(1) Application for cancel lation of order of Gaon Sabha relating to admis- sion of a person to land.
Do.k
( ii) Proceedings by Deputy Commissioner for such cancellation.
6
8
7
9
Rs . 1.25P . Deputy Com- missioner .
Chief Com- missioner .
Nil
Do.
Do.
.. " ;
When the Deputy Commissioner first knew of the irregular allotment,
(f ) against Serial No. 16 , for the entries in columns 6 , 7 and 8 , the entries " Rs . 1.25P . " , " Revenue Assistant " and "Deputy Commissioner " , and for the figures , brackets and letters " 77 (a) " , " 77 ( 6 ) " , " 77 (c) " and " 77 (d) " , wherever they occur, the figures , brackets and letters " 77 (1 ) (a) " , " 77 ( 1 )(b ) " , " 77( 1 )( c) " and " 77 ( 1 ) ( d) " shall respectively be substituted;
[PARTII (g) after Serial No. 16 and the entries relating thereto , the following shall be inserted , namely :-
2
I
3
4
"16A
77
6
8
و 5
7
Sic.11
" ;
From the date Rs . 1.25P .
(2) Application by member of Six months armed forces of the Union for ejectment of Asami .
Deputy Commissioner .
of retirement ordischarge or of being sent on Re-
serve .
(h) for Serial No. 17 and the entries relating thereto , the following shall be substituted , namely :-
2
I
3
4
17
Three years
8
6
9 5
7
Deputy Commissioner .
Revenue Assistant.
As in the Court- fees Act , 1870 .
From the date of unlawful use of the land.
81 (1) Suit for ejectment of Bhumidhar or Asami and for damages under sub- section ( 1) .
(ii) Proceedings under sub- section (2) .
Three years or one year from the date of pas- sing of the Delhi Land Reforms (Amendment) Act, 1965 , whichever period ex- pires later .
' ;
Nil
Do.
Do.
Do ,
THEGAZETTEOFINDIAEXTRAORDINARY
(1) against Serial No. 18 , for the entry in column 6 , the entry "As in the Court - fees Act , 1870" shall be substituted ;
(1) after Serial No. 19 and the entries relating thereto , the following shall be inserted , namely :-
I
2
3
4
"19A
85 Suit for ejectment of a Three years person referred to in the first proviso .
9 5
6 Do.
7 Do.
8 Do.
";
577
From the date ofpassing of the Delhi Land Re- forms (Amendment) Act, 1965 .
(k) after Serial No. 20 and the entries relating thereto , the following shall be inserted , namely :-
4 2
I
3
"20A
86A Proceedings for ejectment ofpersons occupying land without title.
Same as that the case may be.
578
6
8
5
7
9
Nil.
Revenue Assistant.
Deputy Commissioner .
Same as that provided for a suit under section 84, 85 or 86 , as the case may be.
( 1) against Serial No. 21 , for the entry in column 6 , the entry "As in the Court- fees Act , 1870 " shall be substituted .
THEGAZETTEOFINDIAEXTRAORDINARY
[PARTII SEC . 1 ]
THE GAZETTE OF INDIA EXTRAORDINARY
579
action Valida- tion of taken by Deputy Commis- sioner en Gaon Sabhas behalf of 27. Notwithstanding any judgment , decree or order of any Court , anything done or any action taken by the Deputy Commissioner, Delhi , before the date of passing of this Act in pursuance of any notification under section 161 of the principal Act in the discharge of any duties or the exercise of any po vers or the performance of any functions of the Gaon Sabha or Gen Panchayat under the prin- cipal Act in relation to any land vested in the Central Government under sub - section ( 3 ) or sub - section (4 ) of section 150 of the princi- pal Act as amended by this Act shall be deemed to have been validly and lawfully done or taken on behalf of the Central Government and accordingly if before the said date-
(a) any suit or proceeding is pending in any court to which the Deputy Commissioner and the Gaon Sabha are a party , the Union of India shall be deemed to be substituted therefor in that suit or proceeding ; and
(b ) where any suit or proceeding has been dismissed on the ground that the Deputy Commissioner and the Gaon Sabha had no locus standi to file such suit or proceeding , it shall be restored and continued with the Union of India as having been substi- tuted as a party .
R. C. S. SARKAR , Secy. of the Govt . of India .
PRINTED IN INDIA BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS , MINTO ROAD , NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS ,
DELHI, 1965 .