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.
Short
title.
2. In section 3 of the Delhi Land Reforms Act, 1954 (hereinafter referred to as the principal Act),—
Delhi
Act 8
of 1954.
Amend-
ment of
section 3.
(a) for clause (6), the following clause shall be, and shall be deemed always to have been, substituted, namely: —
'(6) "Deputy Commissioner" includes—
(5)
6 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: —
Amend- ment of section 13.
"(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,—
Valida- tion of action taken under sections 11 and 13.
(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
SEC. 21 THE GAZETTE OF TNBIA EXTRAORDINARY 7the 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-
2 of 1966.
5. (1) The Delhi Land Reforms (Amendment) Ordinance, 1966 is hereby repealed.
Repeat and saving (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.
8 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.
G. L. NANDA.
NEW DELHI;
The 9th February, 1966.
9. L, SHAKDHER,
Secretary.