REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 2] NEW DELHI, THURSDAY, FEBRUARY 17, 1966/MAGHA 28, 1887

Separate paging is given to this Part in order that it may be filed

as a separate compilation.

LOK SABHA

The following Bill was introduced in Lok Sabha on the 17th

February, 1966:—

BILL NO. 12 or 1966

A Bill further to amend the Delhi Land Reforms Act, 1954.

BE it enacted by Parliament in the Seventeenth Year of the

Republic of India as follows: —

1. This Act may be called the Delhi Land Reforms (Amendment)

Act, 1966.

2. In section 3 of the Delhi Land Reforms Act, 1954 (hereinafter

referred to as the principal Act),—

(a) for clause (6), the following clause shall be, and shall

be deemed always to have been, substituted, namely: —

'(6) "Deputy Commissioner" includes—

(i) a Collector;

(ii) an Additional Collector:

Delhi

Act 8

of 1954.

Short

title.

Amend-

ment of

section 3.

(5)

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II

(Hi) a Revenue Assistant empowered by the Chle

Commissioner by notification in the Official Gazette t

discharge all or any of the functions of a Deputy Com

missioner under this Act; and

(iv) an Assistant Collector of the first grade OJ

class empowered as aforesaid;';

(b) for clause (19A), the following clause shall be, ant

shall be deemed always to have been, substituted, namely: —

' (19A) "Revenue Assistant"

includes any

Assistan

Collector of the first grade or class empowered by the Chie:

Commissioner to perform all or any of the functions of i

Revenue Assistant under this Act;'.

3. In section 13 of the principal Act, in sub-section (I), foi

clause (/), the following clause shall be, and shall be deemed always

to have been, substituted, namely: —

"(f) a tenant of or over twelve years in Shahdara Circle

and a non-occupancy tenant in any part of the Union territory

of Delhi other than a non-occupancy tenant referred to ir

clause (d);".

4. Notwithstanding anything to the contrary contained in the

principal Act or in any other law for the time being in force or In

any judgment, decree or order of any court,—

(a) all declarations (whether general or individual) confer-

ring or purporting to confer Bhumidhari rights In favour of any

person or class of persons under any of the clauses (a) to (c)

of sub-section (I) of section 11, or in favour of any tenant or

class of tenants under any of the clauses (a) to (h) of sub-sec-

tion (2) of section 13, of the principal Act, made before the 5th

day of February. 1966, by the Deputy Commissioner or a

Revenue Assistant (whether or not such Revenue Assistant was

empowered by the Chief Commissioner to discharge all or any

of the functions of a Deputy Commissioner), shall be deemed

to be. and to have always been, made by such Deputy Com-

missioner or, as the case may be, Revenue Assistant in accordance

with law and the persons or class of persons or the tenants or

class of tenants in whose favour any such declaration has been

made shall be deemed to have been validly and lawfully declar-

ed as Bhumidhars:

Provided that nothing herein contained

shall affect the

right of any person to call in question any such declaration on

Amend-

ment of

section

13.

Valida-

tion of

action

taken

under

sections

11 and 13.

SEC. 21

THE GAZETTE OF TNBIA EXTRAORDINARY

the ground only that the entries in the revenue records on tht

basis of which such declaration has been made are incorrect;

(b) all suits, appeals and other proceedings relating to any

such declaration pending before any court or other authority

immediately before the 5th day of February, 1966, other than

those based on the ground referred to in the proviso to clause

(a), shall, on that date, be deemed to have abated-

5. (1) The Delhi Land Reforms (Amendment) Ordinance, 1966

is hereby repealed.

(2) Notwithstanding such repeal, anything done or any actior

taken under the said Ordinance shall be deemed to have been done

or taken under this Act as if this Act had commenced on the 6th

day of February, 1966.

2 of 1966.

Repeat

and

saving

THE GAZETTE OF INDIA EXTRAORDINARY

[PAKT II—SEC. 2]

STATEMENT OF OBJECTS AND REASONS

Bhumidhari rights were conferred under sections 11 and 13 of

the Delhi Land Reforms Act, 1954, by general declarations issued

by the Deputy Commissioner, Delhi, followed by specific declara-

tions in individual cases made by the Revenue Assistant. Recently,

the Punjab High Court held these declarations to be void on the

ground that the Deputy Commissioner

ought to have made the

declarations in individual cases and that the Revenue Assistant who

made the declarations did so without being empowered to discharge

the functions of the Deputy Commissioner. The Court also held

that the scope of clause (f) of section 13 (1) of the Act did not extend

to areas outside the Shahdaxa Circle and that Bhumidhari rights

could not have been conferred on non-occupancy tenants outside

the Shahdara Circle under that clause. Over 75,000 persons had

been declared as Bhumidhars under sections 11 and 13 and these

included over 16,000 non-occupancy tenants outside the Shahdara

Circle, declared as Bhumidhars under clause (f) of section 13(1).

The judgment had the effect of rendering nugatory the entire action

taken under sections 11 and 13 of the Delhi Land Reforms Act, 1954

and gave rise to considerable anxiety among the peasantry In Delhi.

In order to protect the interests of persons who had been enjoying

Bhumidhari rights under the Delhi Land Reforms Act, 1954, the

Delhi Land Reforms (Amendment) Ordinance, 1966, was promul-

gated on 5th February, 1966.

This Bill seeks to replace the Ordinance.

NEW DELHI;

The 9th February, 1966.

G. L. NANDA.

9. L, SHAKDHER,

Secretary.

PRINTED IN INDIA BY THE GENERAL MANAGER, GOVERNMENT X>T INDIA

PRESS,

W3NT0 ROAD, WIW DELHI AND PUBLISHED BY THE MANAGER OT PUBLICATIONS,

DKLHI, 1968.