Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com Delhi Land Holdings (Ceiling) Act, 1960 24 of 1960 [] CONTENTS CHAPTER 1 :- PRELIMINARY 1. Short title, extent and commencement 2. Definitions CHAPTER 2 :- Ceiling on holdings and vesting and allotment of excess land (3). Ceiling on holding 4. Submission of returns 5. Collection of information through other agency 6. Procedure for determination of excess land 7. Selection of excess and in cases of certain transfers 8. Excess land to vest in Government 9. Publication of the final list and consequences thereof 10. Compensation 11. Manner of payment of compensation 12. Limit of future acquisition of land 13. Excess land not to be surrendered in certain cases 14. Power of Deputy Commissioner to take possession of excess land 15. Reservation of land for certain purposes 16. Allotment of excess land CHAPTER 3 :- MISCELLANEOUS 17. Act to override contract and other laws 18. Mode of recovery of any amount due under the Act 19. Appeal 20. Revision 21. . 22. Entry upon land for purposes for survey, etc 23. Offences and penalties 24. Fanality of orders and bar or jurisdiction 25. Fanality of orders and bar or jurisdiction 26. . 27. Power to make rules 28. Amendment of the Delhi Land Reforms Act, 1954 Delhi Land Holdings (Ceiling) Act, 1960 24 of 1960 [] An Act to provide for the imposition of a ceiling on land holdings in the Union territory of Delhi and for matters connected therewith CHAPTER 1 PRELIMINARY 1. Short title, extent and commencement :- (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]; 1 (bb) the areas owned and held by any corporation owned or controlled by the Central Government. 2 (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 1. Added by Ibid. 2. Substitutedd by Ibid. 2. Definitions :- In this Act, unless the context otherwise requires,- 1 [(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. Substituted by Central Act No. 15 of 1976 CHAPTER 2 Ceiling on holdings and vesting and allotment of excess land (3). Ceiling on holding :- (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"] 4. Submission of returns :- 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 5. Collection of information through other agency :- 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 6. Procedure for determination of excess land :- (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 . 1 [(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. Substituted by Central Act No. 15 of 1976 7. Selection of excess and in cases of certain transfers :- (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.] 1 [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. Substituted by Central Act No. 15 of 1976 8. Excess land to vest in Government :- (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 9. Publication of the final list and consequences thereof :- (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 10. Compensation :- (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 1[amount] payable by him in respect of that land shall be equal to the amount which the Bhumidhar would have been paid 2 [ 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. Substituted by Central Act No. 15 of 1976 2. Omitted by Ibid 11. Manner of payment of compensation :- (1) The '[amount] payable under Section 10 shal be due on the date of the publica- tion 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 12. Limit of future acquisition of land :- 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 13. Excess land not to be surrendered in certain cases :- 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 eiforts of the family or to a decrease in the number of its members 14. Power of Deputy Commissioner to take possession of excess land :- After the publication of the list of excess land under sub-section (3) o f 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 caue to be used such force as may be necessary for the purpose 15. Reservation of land for certain purposes :- 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 16. Allotment of excess land :- 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 CHAPTER 3 MISCELLANEOUS 17. Act to override contract and other laws :- 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 18. Mode of recovery of any amount due under the Act :- 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 19. Appeal :- Any person aggrieved by an order made by the competent authority under section 10, may, within a period of thirty days from t h e 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 20. Revision :- (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 21. . :- 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 22. Entry upon land for purposes for survey, etc :- 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 23. Offences and penalties :- (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 , 1 [ 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 extemd to one thousand rupees 1. Substitution by Central Act No. 15 of 1975 24. Fanality of orders and bar or jurisdiction :- (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 25. Fanality of orders and bar or jurisdiction :- 26. . :- X X X] 27. Power to make rules :- (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 . (3) Every rule made under this section shall be laid as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days 1 [which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive session aforesaid, both Houses agree in making any modification in the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule 1. Substitution by Central Act No. 15 of 1976. 28. Amendment of the Delhi Land Reforms Act, 1954 :- 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"