 the delhi (urban areas) tenants' relief bill, 1961(as introduced in loic sabra on 28m march, 19(1)  the delhi (urban areas) tenants' relief bill, ig61(as introdt7czd :rx loie samu) a bill to provide relief to the tenants of land in the urban cinu at the union tenitory of delhi be it enacted by parliament in the twelfth- yea- of the republic of india as follows: - 1 (1) this act may be called the delhi (urban area) taws' shan dtle relief act, 1961 ~uc!?d ptldjab act 3 of 19ii 2 of 1924 , 61 of 1957 s (2) it extends to the areas in the union territory of delhi whieh, medc immediately before the 1st day of november, 1166, were ineluded in a municipality or in a notified area under the provisiolls of the punjab municipal act, 1911, or in a cantonmeilt under ihe prcma:bms of the cantonments act, 1924, but shall not apply to the areal owned by 10 the central government or the delhi development authority codltituted under the delhi development act, 1951 or ay local authority (3) it shall eome into force on such date as the chief commissioner may, by notification in the oftlclal gazette appoint z in this act, wlleu the context otjaerwise requires,~ ddaid- (a) "chief commissioner" means the chief commislioner of delhi; i i ! l (b)   "family" means-(i) in relation to a person belonging to a joint hindu femuy, f!!very member of s:ueh family; and' - 20 f (ii) in relation to any other person, the person, the wife or husband, as the case may be, and the dependent ehfidren and grand-children, of such person; - (e) "land-holder" means a person under whom a tenant holds land and to whom the tenant is, or but for a special contl'6ct would be, liable to pay rent for the land; (d) "person under disability" means-(i) a widow; , (ii) a minor whose father has died; __ __ _ _ (iii) a woman who is unmarried or who, if married, is divorced or judicially separated from her husband or whose husband is a person falling under item (iv) or (v); (iv) a member of the armed forces of the union; 10 (v) a person incapable of cultivating land by reason of some physical or mental disability; (vi) a person prosecuting studies in a recognised institu· tion and not exceeding 25 years of age; or (vii) a person who is under detention or undergoing im i' prisomnent; (e) "tenant" and "tenancy" include a sub-tenant and a subtenancy respectively;· (f) the words "land" and "tenant" and all other words and expressions used but not defined in this act and defined in the 20 punjab tenancy act, 1887 or the agra tenancy act, 1901 shell g pi a illii have the meanings respectively assigned to them,-of 190ict (i) in relation to areas to which the punjab tenancy act, 1887 applies, in that act; or (ti) in relation to areas tt' which the agra tenancy act, 25 1901 epplies, in that ~ct ~aci ef 3 (1) after the commencement of this act, no person shall be tictmedtr liable to be ejected from any land held by him as tenant except on  one or more of the following grounds, namely:-(a) that a decree for arrear of rent due in respect of the land 30 remains unsatisfied after the expiry of the period allowed therefof;  (b) where rent is payable in kind, toot he has without sufficient cause fiiled to cultivate the land in the manner or to the extent customary in the locality in which the land is situated; 3s (e) that he has sub-let or otherwise transferred the wbole or any part of the tenancy in contravention of any lew for the time being in force or of any contract; (d) that he has used the land in a manner which renders it unfit for the purpose for which it was let 40 (2) without prejudice to the provisions of sub;s"~t1on; (1), but' i;ubject to the provisions of any law for the time being in force or of any contract between the parties, a tenant may be ejected from' the land held by him by a land-holder,-5 (a) in any case where the land-holder is a religious or charitable institution, on the ground that the institution requires the land bona fide for use for a non-agricultural purpose in furtherance of its objects; and (b) in any case where the land-holder was a person under 10 disability at the commencement of the tenancy, on the 8l'ound that he requires the land bona fide for cultivation by himself or for building a dwelling house, a cattle shed or business premises for use by himself or 6ily member of his family and the proceeding for ejectment is instituted within two years from the date 1'5 when he ceases or has ceased to be e person under disability provided that no proceeding $~l lie under this sub-section in respect of any share of land unless the share has first been partitioned by metes and bounds explanation-for the purposes of this section, the disability of - 20 penon shall cease,-(a) in the case of a widow, if she re-marries, on the date of her re-marriage or if any person succeeds to the widow on her death, on the date of her death; (b) in the case of a minor, on the date of his ettainine majority; (c) in the case of a woman who is unmarried or who i divorced or judicially separated from her husband, on the date of - her marriage or re-marriage, as the case may be, or in the case of a woman whose husband is a person falling under clause (d) or (e), on the date on which the disability of the husband ceases; 30 35 - (d) in the case of a person who is q member of the armed forces of the union, on the date of his discharge from service or of his posting to the reserve; (e) in the case of a person suffering from a physical or mental disability, on the date on which the disability ceases to exist; (f) in the case of a person who is prosecutina studies in a recognised institution, on the date when he ceases to prosecute studies in that or any other recognised institution; (g) in the case of a person under detention or undergoin imprisonment, on the date when he is released from detention or imprisonment abatement •• save as provided in section 3, no tenant of land shall, whether f!s~ceed- in execution of a decree gi' order of a court or otherwise, be ejected from the lqd, and if there is any proceeding for ejectment af such tenant pending immediately before the commencement of this act \ and the proceeding could not have been instituted had this act 5 been in force at the time of the institution of such proceeding, then, notwithstanding anything contained in any law, such proceeding shall, on such commencement, abate roeltotation 5 (l) where, after the commencement of this act, a person :-!:~::: under disability or a religious or charitable iplstitution has taken 10 tain cues po8sf!saion of land by ejecting the tenant therefrom under subsection (2) of section 3 on the ground that the land is required for a pyrpo&e specified in that sub-section and such person or institution fails to use the land for that purpose within one yeai" from the date on which such person or institution took possessian thereof, the is tenant shall be entitled to be restored to possession of the land from which he was ejected, on the same terms on which he held it at the time of ejectment ' (~) where, on or after the 1st july 1958 and before the commencement of this act, any tenant of land has been ejected from the land 20 and the ejectment could not have taken place if this act had been in force on the date of such ejectment, the officer specified in this behalf by the chief commissioner may, either on his own motion or on application made by the tenant, restore him to possession of the land from which he has been ejected, on the same terms on which he held 2s it at the time of ejectment (3) nothing in this section shall be construed as entitling a tenant to be restored to poaseuion of any land if it is under cultivatinn by t!le owdel' who is a person under disability or has, on or before the 28th day of march, 1961, ceased to be used for agricultural purposes 30 rent 6 the rent payable by a tenant in respect of land held by him as such shall not exceed one-fifth of the produce of the land or the money equivalent thereof, or where a lower rent is agreed upon between him and the land-holder, the greed rent act to ov~r­ride con- ' trac:tl, otc 7 the provisions of this act shall save as otherwise expressly pro- 35 videcli, hav~ effect notwithstanding anything to the contrary contained in'any other law, custom or usage or agreement or decree or order of court power to 8 (1) the chief commissioner may, by notification in the official -- naleb gazette make rules for carrying out the purposes of this ad  40 (2) every rule made under this section shall be laid as 800n as may be after it is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of s the session in which it is so laid or the seesion immediately following, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be' of no' e1tect, as the case may be, so however that any such modttlcation or annulment shall 10 be without prejudice to the vaudity of anything previowli'y 'done under that rule ' ,  • (1) the provisions of the punjab tenancy ac~ 1887 and the repeal !6 of !887 up act ii ,of !9o! agm tenancy act, 1901 and the punj-ab tenets (security ~f tenure) a= act, 1950, as applicable to the areas to-whieh this act ,extendl, which 15 are incoabistent with the provisions of this act are hereby i'e~ punjab ,xxii '1950 (2) notwithstanding such repeal, anything done or an, ation taken in exercise of any power conferred by or under imy of tb~' provisions so repealed, to ,the extent to which it is not inconsistent with the provisions of this act shall be deemed to have'beendone-or taken in exerci8e of the powers conferred by this act as if this act was in 20 force on the date on which such thing was done or such action was taken  statement of objects and :reasonsthe utnancy laws now in force in the urban areas of delhi, ie, the anu which, before the 1st november, 1956, were included within tlw ij,auts of a municipality or a notified area or cantonment, do not prg¥ide adequate protection to the tenants of agricultural lands ,nt eviction by the land-lords, nor do they contain provisions for ,wating agricultural rents on a fair and equitable basis on account of the rapid growth of the city, more end more agricultural lands in the urban areas of delhi are likely to be diverted to non-agricultural uie8 however, so long as the lands are not so diverted, it is necessary to confer security of tenure on agricultural tenants and to regulate the rents payable by them the bill seeks to achieve this object and also makes provision for restoration of tenancies to agricultural tenants evicted otherwise than on specified grounds, kom their holdin,s on or after the 1st july, 1958 lal bahadur nsw dmm:; the 11th match, 1961 -  memorandum regarding delegated legislationclause 8 of the ~i1l empowers the chief commissioner to make rules for carrying out the purposes of the act such rules will be necessary for prescribing the form of application for restoration of ejected tenants under clause 5 and for regulating other matters of procedure the delegation of legislative power is therefore, ot a normal character  - - ',~  -  " ': ":',' ~  " , !\ ~ " ~ ~~ '" !"';-a bill to provide relief to the tenants of land in the urban areis of tho union territory of delhi (shri /ai ba1umiur slujstri, minis,,, of hdiin affair,) 