    < ~ ",          -  't~ " -" ", "'"  the delhi land reforms (amend- ment) bill, 1958(as introduced in lok sabha)  the delhi land reforms (amendment) bill, 1958 (aa lntroducbd ix lok 8uha)a bill further to amend the delhi land reforms act, 1954-be it enacted by parliament in the ninth year of the republic of india as follows:-1 (i) this act may be called the delhi land reforms (amend- short title a 8 and ment) ct, 195  commence-s (2) clause (b) of section 2, clauses (b) to (e) of section 3, sec- ment uons 4 to 9, 12 and 13 and sub-section (1) of section 19 shall be deemed to have come into force on the 20th dey of july, 1954, and the rest of this act shall come into force at once 2 in section 1 of the delhi land reforms act, 1954 (hereinafter amendment 10 referred to as the principal act), in sub-section (2),-~elhti~~ is (a) in clause (a), the word "are" occurring before the word of 1954 "included" shall be omitted; (b) in clause (b), for the words "areas controlled, notified, held, occupied or owned by the delhi improvement trwit, or", is the word "areas" sooll be substituted 3 in section 3 of the principal act,-amendment (a) for clauses (1) and (5), the following clauses shall be of section 3 substituted, namely:-- (1) "agricultural year" or "fash year" means the year 20 commencing on the 1st day of july end ending on the 30th (~) "delhi town" means the areas which immediately before the establishment of the municipal corporation of delhi were included in the limits of delhi municipality, civil station notified area, west delhi municipality and the fort notified area; '; 5 (b) after clause (12), the following clause shall be inserted, namely:-'(l2a) "khudkasht" means land (other than sir) cultivated by a proprietor either by himself or by servant or by hired labour,-10 (a) at the commencement of this act, or (b) at any time during the period of five yean immediately before the commencement of this act, whether or not it was so cultivated at such commencement, provided that it has not, at any tim£' after having 15 been so cvltivioted, been let out to a tenant;' ; (c) after clause (19), the following clause shall be inserted, dbmely:-- (i~a) "revenue assistant" means an assistan collector of the first grade or class and includes any officer empower- ~ eel by the chief commissioner to perform all or any of the functions of a revenue assistant under this act; '; (ci) in clause (24), the word "khudkasht," shall be omitted; (e) in clause (25), the words "revenue assistant" shell be omitted 2s 4 in section 5 of the principal act, in clause (a) ,-amendment ef aection 5 (a) the words "under his self-cultivation" shall be omitted; (b) after the words "patta dawami", the words "or istamrari" shall be inserted 5 in section 7 of the principal act,-30 ajdlddment of aocdon 7 (a) in sub-section (1) in clause (i) of the explanation,-(i) the words letters and figures "recorded as such on 1st july 1950" shall be omitted; (ii) for the words "except the uncultivated areas included in the holdings of such proprietor or proprieton", 3s the following shall be substituted, namely:-"except the uncultivated areas-(a) included in the holdings of such proprietor or proprietors, or (b) used for purposes other than those mentioned in clause n3) of section 3, during the period commencing on the 20th day of july, 1954 and ending with the 27th day of october, 1956, or (c) tmnsferred to a bona fide purchaser for value during the period specified in sub-clause (b)"; 10 (b) in sub-section (2), the words "consisting of all the adult residents of the village" and the words, letters and figures "as recorded on 1st july, 1950" shall be omitted; is (c) in sub-section (3), for the words "not exceeding two, as the chief commissioner may determine, commencini from the fasli year next following the commencement of this act", the following shall be substituted, namely:-"not exceeding four, as the chief commissioner may determine, the first of which shall be paid-20 (a) in any case where such calculation has been made before the date on which the delhi land reforms (amendment) act, 1958, receives the assent of the president, on the first day of the fasli year next following such date; and (b) in any other case, on the first day of the fasu year next following the date of such calculation"; (d) after sub-section (3), the following sub-section shall be inserted, namely:-"(4) where the amount of compensation is not paid by 30 the due date specified in sub-section (3), such amount shall be paid with interest thereon at the rate of 2~ per cent per annum from the said date until payment" 6 in section 11 of the principal act, for sub-section (2), the amendment following sub-section shall be substituted, namely: -of scction ii 35 "(2) for the purposes of sub-section (1), the deputy commissioner shall take into consideration the entries in the revenue records which shall be presumed to be correct unless the contrary ia proved"  7 in section 15 of the principal act,-amendment of section is· (a) for sub-section (2), the following sub-section shall be substituted, oomely:-"(2) if the proprietor mortgagor deposits the amount and applies for redemption as provided in sub-section (1), he s shall be declared as bhumidhar in respect of the mortgaged area which was under the personal cultivation of the mortiagee on the date of such application for redemption, and if any part of the mortgaged area was on the said date let out to a tenant, such tenant shall be declared as bhumidhar in 10 respect of the erea that was so let out to him" ; (b) in sub-section (3), the words "whether or not it was the sir or khudkasht of the mortgagor on the date of the mortgage" shall be omitted i  f 8 after section 16 of the principal act, the followini section shall is nlertlon 0 new section be inserted, namely:-16a compensation payable by tenant declared bhumidhar of redeemed land ·'16a where a tenant is declared as bhumidhar in respect of any part of mortgaged area that has been redeemed under sub-section (1) of section 15, the compensation payable by such tenant to the mortgagor shall be determined and paid in the 20 manner provided in clause (2) or clause (3) of section 16 according as such tenant is declared a bhumidhar under sub-section (2) or sub-section (5) of section 15"  t in section 18 of the principal act,-amendment oflection 18· (a) in sub-section (2), after the words "revenue assistant", 2 the words "and, shall on regaining possession have the same 5 riihts as he would have had but for such eviction, decree or or order" shall be inserted; (b) efter sub-section (2), the following sub-section shall be inserted, namely:-30  (3) nothing in this section shall affect the rights of a proprietor in any land held or occupied at the commencement of this act for purposes other than those mentioned in clause (13) of section 3"  10 in section 26 of the principal act, for the words "except with afment~me?6t o sec ion 10 - the written permission of the landholder of such land or the gaon panchayat, as the case may be", the following shall be substituted, n~mely:-5 "except-(a) with the written permission of the landlord of such land or the gaon panchayat, as the case may be, or 10 (b) where such permission is not given within the prescribed period, with the written permission of the revenue assistant granted in accordance with rules made under this act in this behalf" 11 in section 28 of the principal act,-amendment of section 28 is (a) in sub-section (1), for the words "written consent of the n~on panchayat or the landholder", the words "written permission of the landholder, the gaon panchayat or the revenue assistent" shall be substituted; (b) in sub-section (2) for the word "consent", the word "permission" shall be substituted 12 for section 33 of the principal act, the following section shall sfubstitution o new seclobe substituted, namely:-tion for section 33 "33 no bhumidhar shall have the right to transfer by sale restrictions or gift or otherwise any land to any person, other than an insti- f~s b~ran; tution established for a charitable purpose or a body notified by bhumidhar the chief commissioner, where as a result of the transfer-2, (a) such per!lon shall become entitled to land which tollether with land, if anv held bv him oersonally or together with the members of his family will, in the aggregate, exceed thirty standard acres, or (b) the transferor !lhall be left with an uneconomic 30 holding of less than eight standard acres in the union territory of delhi: provided that the chief commis!lioner may exempt from the operation of chl1lse (b) the tran!lfer of any land made before the 1st day of december, 1958, if the land covered by such trans-35 fer does not exceed one acre in area and is used or intended to be used for purposes other than those mention'ed in clause (13) of section 3 explanation,-for the purposes of thi!l section ft person's family shall, if the members are living jointly, consist of the person himself, his minor children, his wife or her husband, as the case may be, and if the person himself is a minor, his father and mother" ~mendment 13 section 45 of the principal act shall be re-numbered as sub-4s iect\od section (1) thereof, and after sub-section (1) as so re-numbered, the s following sub-section shall be inserted; namely:-" (2) nothing in sub-!'lection (1) shall apply to any transfer which has been exempted by the chief commissioner from the operation of clause (b) of section 33" ~en~=~n '14 in section 88 of the principal act, for the words "if the rent io 88 is paid in cash, its equivalent value", the words "four times the land revenue payable for the land held by the asami, whichever is less" shall be substituted amendment 15 in section 150 of the principal act for the proviso, the follow-~~o scctlon ing proviso shall be substituted, namely: _ is delhi act 3 of 1955 "provided that such areas shall not· include any area to which the delhi panchayat raj act, 1954, does not extend" substitution  of new sec-16 for section 151 of the principal act, the following section tion for shall be substituted, namely:-sectlon lsi 43 of 19s0 43 of 1950 membership "151 (1) all persons registered by virtue of the provisions 20 of gaon sabha and of the constitution and the representation of the people act, constitution 1950, as voters in so much of the electoral roll for any parliaof gaon panchayat mentary constituency for the time being in force as relates to a gaon sabha area shall be the members of the gaon sabha for that area 25 explanation-in this sub-section, the expression "parliamentary constituency" has the meaning assigned to it under the representation of the people act, 1950 (2) every gaon sabha shall have an executive body to be known as the gaon panchayat 30 (3) a gaon panchayat shall consist of a pradhan and such number of panches not less th"ln four and not more than ten, as the chief commissioner may fix from time to time in this behalf (4) the pradhan and the panches shall be elected by the 35 members of the gaon sabha from among themselves (5) the chief commissioner shall, by order in the offtcial gazdte, determine the number of seats, if any, reserved for women and the scheduled castes in each gaon panchayat: provided that the number of seats so reserved for the scheduled castes shall bear as nearly as may be the same proportion to the total number of seats in the gaon panchayat as the population of the scheduled castes in the area of the gaon s sabha bears to the total population of such area" 17 in section 153 of the principal act for clause (a), the follow- amendjll~t ing clause shall be substituted, namely:-~~3 rcctlod "(a) ceases to be a member of the gaon babhs; or" 16 in section 187 of the principal act rfor the words "in which ameudme~1t 10 no appeal lies, or where an appeal lies but has not been preferred", ~~7 sectlod the words "in which no appeal lies to him" shall be substituted 15 it (1) in schedule i to the principal act,-amendment of sche- (a) for the figures and brackets "15 (2)" in column 2 against dule i entry no1, the figures and brackets "15 (1)" shall be substj tuted; (b) for entries 2, 19 and 21 the following entries shall be respectively substituted, namely:-20 1,(3)(3), appucatlo1l by liion,-none (4) lulil (,) 11m or mort,,e 01' tenalltl to be declared bhumidhlr, 19 suit cor ejectment of a penon ilceupyinaland "ithout title and damqet (2) the amendments made in schedule i to the principal act by sub-section (1) shall not apply in relation to suits under entries 19 and 21 of that schedule instituted or disposed of before the date on which this sub-section comes into force cerlain 20 (1) notwithstanding anything contained in any law for the 5 decrees add time being in forceorders to be ~~ij and (a) every decree or order passed by any court or other authority in respect of any land which came to be excluded  from the operation of the delhi land reforms act, 1954, as a :?re~;s~t 8 result of the amendment made by clause (ii) of section 2 at the 10 delhi act delhi land reforms (amendment) act, 1956, shall be null and 16 of 1956 void, if the same would not have been passed but for such amendment; (b) all suits and applications in respect of any such land for any relief, which cannot be granted but for such amendment, is pending in any court or other authority on the date of the commencement of this act, shall be dismissed; and (c) every decree or order passed by any court or other authority refusing to grant any relief in respect of any such land on account of such amendment shall be null and void and the 20 proceedings in which such decree or order was passed shall be revived and disposed of in accordance with the provisions at delhi act the delhi land reforms act, 1954, as amended by this act 8 of 19'4 (2) where a decree or order is null and void under clause (a) of sub-section (1), the court or other authority which passed the decree 25 or order shall, on the application of any party entitled to any beneftt by way of restitution or otherwise cause such restitution to be made as will, 80 far as may be, place the parties in the position which they would have occupied but for the decree or order (3) no suit shall be instituted for the purpose of obtaining any 30 lestitution or other relief which could be obtained by application under sub-section (2) (4) nothing in this section shall aftect the interest of a bono ~ purchaser for value in any land referred to in sub-lection (1) in reb-pec:t of any we made on or after the 8th ~ of juluu'1, 1117 and], before the lit day of january, 1_  statement of objects and reasonsthe delhi land reforms act, 1954, as amended by the delhi vidhan sabha in 1956, exempted from its purview areas controlled, notified, held, occupied or owned by the delhi improvement trust, thereby depriving tenants in about 15 villages of their right to obtain bhumidhari rights in land in their possession this exemption is pr~ posed to be withdrawn as there is no immediate prospect of planned urban development being taken up in these areas it has also been found that there is some inconsistency between the provisions of the delhi land reforms act, 1954 and the delhi panchayat raj act, 1954, relating to the membership of gaon sabhas it is proposed to remove this inconsistency this opportunity is availed of to propose some other amendments mainly of a consequential and clarificatory nature the reasons for each of the amendments proposed in the bill are given in the notes on clauses g b pant new delhi; the 10th december, 1958 clause i-by this clause retrospective effect is being given to certain clauses of the bill to secure effective implementation of the act clatlses 2 and 20-areas controlled, notified, held, occupied or owned by the delhi improvement trust were excluded from the purview of the act by the delhi land reforms (amendment) act, 1956, thereby depriving tenants in about 15 villages of the right to acquire bhumidhari rights in respect of land in their possession it is proposed to withdraw this exemption retrospectively provision is also being made in clause 20 of the bill for making all decrees and orders passed by any court or authority on the basis of the exclusion null and void, and for (1) restitution of rights so as to place parties, as far as possible, in the same position as they occupied before such decree or order and (2) protection of rights of bona fide purchasers for value, acquired before 1st january, 1958, when the proposal to amend the act was made known to the public clause 3-the term "fasli year", though not defiried, is used in several places in the act as a synonym of the term "agricultural year" which is defined in the act the position is clarified by this provision  the revised definition of "delhi town" is consequential upon the establishment of the municipal corporation of delhi it is proposed to define the term "khudkasht" as that term has not been defiried in the act or in the agra tenancy act, 1901, or the punjab tenancy act, 1887, to which reference is made in clause (24) of section 3 of the act the term "revenue assistant" is also being defined for similar reasons clause 4-after the definition of "khudkasht" the use of the qualifying words "under his self-cultivation" is unnecessary and it is proposed to delete the same whereas the type of tenure known as "istamrari" is mentioned in section 11, it is not mentioned in section 5 it is proposed to correct this discrepancy retrospectively as otherwise there would be a conflict between sections 5 and 11, which 1vs" not intended clause 5-waste lands defined by explanation (i) to sub-section (1) of section 7 as including cultivable and uncultivable area of the village recorded as such on 171950 except the uncultivated area included in the holding of a proprietor, are to vest in the gaon sabhas on termination of the rights of proprietors thereto the principal act came into force on 2071954 between the period 171950 and 2071954, some waste lands had been, in good faith, brought under cultivation or built upon by proprietors besides, an ambiguity in the meaning of the term "waste land" was caused by the fact that according to prevailing practice all land was shown in the land records as being included in the holding of one or other proprietor this ambiguity was clarified by the amending act of 1956 which defined the term "holding" instances of waste land being put to non-agricultural use between the commencement of the principal act (2071954) and the passing of the amendment act of 1956 (27101956) by proprietors or by transferees from proprietors have also been noticed in order to remove all hardship, it is proposed to exclude such lands from the scope of the definition of "waste land" the words "consisting of all adult residents of the village" occurring in sub-section (2) of section 7 are proposed to be omitted in view of the amendments made in section 151 by clause 16 of the bill compensation payable to proprietors for termination of their rights in waste lands could not be calculated and paid within the prescribed period of two years, as a result of an order of the punjab high court staying the implementation of the act it is now proposed that the compensation shall be payable in four instalments instead of in two instalments as originally provided as a consequence of this amendment, it is proposed that interest shall be paid on the amount of compensation at 2' per cent per annum clause 6-this is a clarificatory amendment as sub-section (2) of section 11 does not expressly provide for a presumption of correctness of revenue records clause 7-this is also a clarificatory amendment it seeks to provide that a proprietor mortgagor shall be declared bhumidhar in respect of all the mortgaged lands which are under the self-cultivation of the mortgagee in possession on the date of redemption; that the tenant shall be declared to be bhumidhar in respect of those mortgaged lands which are under his cultivation on the date of redemption clause a-this is consequential upon the amendment proposed in clause 7 cultue 9-section 18 of the act enables a tenant evicted from land after 1st july, 1950, on any ground other than for arrears of rent in pursuance of a decree or order, to regain possession it is now proposed to provide that on regaining possession, the tenant shall be entitled to bhumidhari rights in respect of such lands except where, after the eviction of the tenant the land has been put to non-agricultural use clause 10-by this amendment, it is provided that if permission is not given by the landholder or gaon panchayat to an asami to make improvements on any land not included in his holding such permission may be given by the revenue assistant clause h-the amendments proposed by this clause are consequential clause 12-instances have come to notice of small areas of land having been transferred in contravention of provisions relating to transfers that would result in the transferor being left with an uneconomic holding, the transferees in most of these cases being poor persons to avoid hardship in such cases, it is proposed to include a proviso which would enable the chief commissioner to exempt such transfers from the operation of clause (b) of section 33 clause 13-this amendment is consequential upon the amendment proposed to be made in section 33 clause l4-by this provision it is proposed to limit the maximum rent payable by an asami clause 15-this modifies the proviso to section 150 (1) so as to accord with the position obtaining after the establishment of the delhi municipal corporation clause 16-the substitution proposed is intended to achieve uniformity between the provisions of the delhi land reforms act, 1954, and the delhi panchayat raj act, 1954, in respect of membership of gaon sabha a further provision is added to enable reservation of seats for women and scheduled castes in each gaon panchayat clause 17-this amendment is proposed to clarify that a person who ceases to be a member qf the gaon sabha shall also cease to be a member of the gaon panchayat clause lb-this amendment is proposed k> bring section 187 of the act into line with section 'nti 01 tjae code of civil proeedure 1808 clause 19-no time-limit for declaration of bhumidhari rights is provided in ~oe act it is proposed to omit the reference to "six months" in column 4 against entry no2 it is also proposed to include a reference to sub-section (2) of section 15 in column 2 against entry no2 to cover cases of mortgagors, mortgagees and tenants entitled to be declared as bhumidhars under section 15 persons eligible to obtain and who have in fact obtained bhumidhari rights could not exercise the right to eject persons in occupation of land otherwise than in accordance with law, within the prescribed period of 2 years as a result of an order of the punjab high court staying the implementation of the act bhumidhari declarations have been issued only after october~ 1956 the amendment now proposed seeks to enlarge the period oi limitation within which suits under soection 84 and section 87 may be brought prov1a1on hal been made to save suits instituted or disposed of before the commencement of the delhi land reforms (amendment) act, 1958 compensation payable to proprietors under section 7 of the delhi land reforms act, 1954, in respect of waste land vesting in gaon sabhas could not be calculated and paid within the period specified in that section as a result of an order of the punjab high court staying the implementation of the act provision has been made in the biu for payment of compensation in four instalments instead of in two instalments as originally provided and for payment of interest on the amount of compensation at 21 per cent payment of interest would involve an expenditure of about rs 25,574 out of the consolidated fund of india by clause 10 of the bill it is proposed to amend section 26 so as to empower the chief commissioner to prescribe the period within which a landholder or a gaon sabha should decide an asami's application for written permission to make improvements on land not included in his holding the chief commissioner is also empowered to make rules regarding the grant of written permission by the revenue assistant where permission is not granted within the prescribed period by the landholder or gaon sabha the delegation of power to make rules is for regulating procedural matters and is thus normal in character  (8 of 1954) - • chapter ipreliminary - - short tilte extent and commencement defmitions 1 (1) this act may be called the delhi land reforms act, 1954 (2) it extends to the whole of the state, but shall not apply to-(a) the areas which are or may before the first day of november, 1956, be are included in a municipality or a notified area under the provisions of the punjab municipal act, 1911, or a cantonment under the provisions of the cantonments act, 1924 (b) areas controlled, notified, held, occupied or owned by the delhi improvement trust, or included in any estate owned by the central government or any local authority and - - - - 3 in this act, unless the context otherwise requires,-(1) "agricultural year" means the year commencing on the first day of july and ending on the thirtieth day of june; - - - - (5) "delhi town" means the areas included in the limits of the delhi municipality, civil station notified area, west delhi notified area and the fort notified area; - - - - (24) words and expressions, grov'e, grove-holder, rent, cess, sir, khudkasht, rent-free grantee, landholder, ex-proprietary tenant, occupancy tenant, non-occupancy tenant, sub-tenant, and crops or any other expressions, not defined in this act and used in the agra tenancy act, 1901, or the punjab tenancy act, 1887, shall have the meaning assigned to them in the agra tenancy act, 1901, or the punjab tenancy act, 1887, according as the context refers to the shahdara or the remaining circles; (25) words and expressions, land revenue, revenue assistant and tahsildar, not defined in this act and used in the up land revenue act, 1901, or the punjab land revenue act, 1887, shall have the meaning assigned to them in those acts, as the case may be - - - - j6  chapter iia-tenures - - - - 5 every person belonging to any of the following classes shall bhumidhar be a bhumidhar and shall have all the rights and be subject to all the liabilities conferred or imposed upon a bhumidhar by or under this act, namely:-(a) a proprietor holding sir or khudkasht land under his self-cultivation, a proprietor's grove holder, an occupancy tenant under section 5 of the punjab tenancy act, 1887, paying rent at revenue rates or a person holding land under patta dawami, with rights of transfer by sale, who are declared bhumidhars on the commencement of this act; - - - - acquisition of certain rights of proprietors - - - 7 (1) all rights of an individual proprietor or proprietors rights of pertaining to waste lands, grazing or collection of forest produce proprietors - in from forest or fish from fisheries, lands of common utility, such as lands, waste pascustomary common pasture lands, cremation or burial grounds, ture1 dland8f  oranso abadi sites, pathways, pubbc wells, tanks and water channels, or common khalihans, whether covered by an existing contract between such ~~il~~~t etc'in proprietor or proprietors and any other person or not, shall with gaon sabha effect from the commencement of this act be terminated in accord- ~~~sati~~~ ance with the provision of sub-section (2) and the said contracts, if be paid for any, shall become void with effect from such commencement them explanation-for the purposes of this sub-section-(i) "waste lands" shall include cultivable and uncultivable waste area of the vil1age recorded as such on 1st july, 1950, including any land in the bed of a river, occupied or held by an asami referred to in section 6 (a) (iii) of the act, except the uncultivated areas included in the holdings of such proprietor or proprietors; (ii) "lands of common utility" shall include such lands as are recorded as such at the last settlement or have been or would have been customarily recorded as such on 1st july, 1950: provided that where such land was as a result of consolidation of holdings made available for use for any purposes other than those referred to in this sub-section, land kept aside in exchange thereof, as a result of such consolidation, shall for the purposes of this act be deemed to be land originally meant for purposes referred to in this sub-section (2) on the commencement of this act, the deputy commissioner shall pass an order in respect of the proprietor or proprietors of each village either singly or collectively divesting the individual proprietor or proprietors of the rights mentioned in sub-section (1) and vesting those rights in the gaon sabha consisting of all the adult residents of the village or in any person or authority appointed by the chief commissioner under section 161 with effect from the commencement of this act and stating that a compensation equal in value to four times the amount of annual land revenue assessed at the last settlement for the cultivable and uncultivable waste area of the village as recorded on 1st july, 1950, shall be paid by the government to the proprietor or proprietors concerned if no such assessment of land revenue was made at the last settlement the rate of land revenue applied at the last settlement for similar areas in any other village in the same assessment circle shall be taken to be the rate of land revenue applicable to such areas shall be computed at 75 per cent of the land revenue assessed on the lowest class of soil in the village (3) the amount of compensation shall be calculated separately fbr each village for the respective proprietor or proprietors in accordance with rules made under this act and payments thereof shall be made in such number of annual instalments, not exceeding two, as the chief commissioner may determine, commencing from the fasli year next following the commencement of this act - - - -  chapter iii a-declaration of bhumidhari rights, compensation and land revenue 11 (1) subject to the provisions of section 10, the deputy com-declaration bh  dh h id' th f 11  of bhumi- missioner shall declare as uml ars persons 0 mg e 0 owmg ~hari rights lands namely:-in favour of , proprietors and superior class of tenants, compensation and land revenue - - - - (a) khud kasht laryd or a proprietor's grove in the tracts to which the punjab tenancy act, 1887, was applicable or sir land or khud kasht land or a proprietor's grove in the tracts to which the agra tenancy act, 1901, was applicable; (b) land held by occupancy tenants under section 5 of the punjab tenancy act, 1887, with rights of transfer by sale; and (c) land held under patta dawami or istamrari by tenants with rights of transfer by sale (2) the basis for the purposes of this section shall be the records of the fash year immediately preceding the commencement of this act: provided that where land held as khud kasht by a proprietor belonging to any of the categories of persons referred to in subsection (2) of section 10 has been before the commencement of this act, let out to another person by or on behalf of such proprietor, the revenue assistant, on application made to him in this behalf by or on behalf of such proprietor within six months of the commencement of this act and after giving an opportunity to the tenant of being heard, shall declare such land to be the proprietor's khud kasht for the purposes of this section - - - -  b-general consequences of the termination of intermediaries rights15 (1) a mortgagee in possession of an estate or share therein estate in shall cease to have any right in such estate or share, if the proprietor possession of t d ot th t t th 'th' a mortgagee mor gagor eposl s e mor gage money oge er wl mterest with pos8e1-thereon in government treasury and applies for redemption of the lion mortgage in the proper court, within a period of nine months from the commencement of this act (2) the proprietor mortgagor shall forthwith produce the treasury challan and a copy of the plaint before the revenue assistant, who shall, after giving the interested parti'es an opportunity of being heard, direct that so much of the mortgaged area, as, having been the sir or khud kasht of the mortgagor on the date of the mortg: gc was under the personal cultivation of the mortgagee on the date of application for redemption by the proprietor mortgagor under subsection (1), be included in the proprietor mortgagor's bhumidhari area (3) where the proprietor mortgagor fails to take action under sub-section (1) within the time specified therein, the mortgagee of the area mortgaged with possession, whether or not it was the sir or khud kasht of the mortgagor on the date of the mortgage, shall be declared as the bhumidhar of so much of the area mortgaged as is under the personal cultivation of the mortgagee - - contract t 18 (1) any contract or agreement made between a proprietor agreemen or evictkn to and any person on or after the 1st day of july, 1950, which has the ;;!~i~ions of effect, directly or indirectly of defeating the provisions of this act this act to shall be and is hereby declared null and void be void (2) notwithstanding any decree or order where a tenant of sir or sub-tenant of tenants referred to in sub-section (1) of section 10 or sub-tenant of tenants referred to in section 12 or a non-occupancy tenant referred to in clause (f) of sub-section (1) of section 13 was evicted ~rom land after 1st july, 1950, on any ground other than for arrears of rent, the tenant or the sub-tenant shall be entitled to regain possession thereof on his making an application in this behalf to the revenue assistant: provided that the land is not in the possession of any other tenant in the fasli year immediately before the commencement of this act - - - restrictions 26 no bhumidhar or asami shall make an improvement on, or :e~:~rove- detrimental to, any land which is not included in the holding, to be benefited thereby except with the written permission of the landholder of such land or the gaon panchayat, as the case may be  -  - - right to 28 (1) an asami who has made any improvement with the writc~mpensa- ten consent of the gaon panchayat or the landholder, as the case non improve- lor may be, shall be entitled to compensationmen! made by an asami (a) when a decree or order for his ejectment is passed on any ground other than his making any transfer in contravention of the provisions of this act or on the ground of his using the land for any purpose other than agriculture, horticulture or animal husbandry, which includes pisciculture and poultry farming; (b) when he has been wrongfully deprived of possession by the gaon panchayat or his landholder, as the case may be, and has not recovered possession of his holding; or (c) when he vacates the holding on the expiry of his lease or on becoming liable to ejectment on any ground mentioned in clause (a) (2) no compensation shall be payable to an asami where the improvement was made without the written consent a8' aforesaid i - - - -  d-transfers (bhumidhars and asamis) - • - •33 no bhumidhar shall have the right to transfer by sale or gift restrictions or otherwise any land to any person, other than an institution esta- ~:!nsfe:~eby blished for a charitable purpose or a body notified by the chief a hhumi-commissioner, where such person shall as a result of the transfer dhar become entitled to land which together with land if any, held by himself or together with the members of his family will, in the aggregate, exceed 30 standard acres or where the transferor shall as a result of the transfer be left with an uneconomic holding of less than either standard acres in the state explanation-for the purposes of this section a person's family shall, if the members are living jointly, consist of the person himself, his minor children, his wife or her husband, as the case may be, and if the person himself is a minor, his father and mother - - - - 45 any transfer made by or on behalf of a bhumidhar or asami transfer in contravention of the provisions of thi~ chapter shall be void made contraven-in - - - i-rent (asamx) - tion of this chapter to be void 88 an asami shall be liable to pay such rent as may be agreed rent upon between him and his landholder or the gaon sabha, as the payable ,by case may be, subject to the condition that it shah not exceed one- an asaml nfth of the produce of the land or if the rent is paid in cash, its equivalent value  - - - -  chapter v gaon sabha and gaon panchayat150 (1) the chief commissioner may by notification in the establishofficial gazette divide the entire area of the state into gaon sabha !11cnt and h     incorporaareas eac comprismg one or more contiguous revenue villages for tion or gaon the purposes of this act and may be notification alter the boundar- gsabha s and b  f 'fied  taon a ha les 0 any area so nob : area provided that such area shall not include the whole or part of any " notified area established under section 241 of the punjab municipal act, 1911, as extended to the state, or any cantonment or municipauty or town area: - - - - constitution 151 a gaon panchayat consisting of a pradhan and such number ~~mbership of panches, not less than 4 and not more than 10, as the chief comof ga(m missioner may fix from time to time in this behalf, shall be elected panchayat by and represent all cldults, who for the time be!ng ordinarily reside in the area for which it is established, as the executive body of the gaon sabha explanation- a person shall be deemed to be ordinarily residing in the area of a gaon sabha if he ordinarily lives therein or has his family dwelling house therein which he occasionally occupies or maintains therein a dwelling house ready for occupation which he occasionally occupies - - - - ~~~~~:lififor 153 no person shall be entitled to be or remain a member of the membership gaon panchayat, if heof the gaon panehuyst (a) is of unsound mind; or - - - -  chapter vii miscellaneouspower of 187 the chief cmmissioner may call for thl' record of any suit c~icf comt - or proceeding referred to in schedule i decided by any subordinate mlrsloner q call for court in which no appeal lies, or where an appeal lies but has not case~ been preferred and if such subordinate court appe~rs-(a) to have exercised a jurisdiction not vested in it in law, or (b) to have failed to exercise a jurisdiction so vested, or (c) to have acted in the exerci~ of jurisdiction illegally or with material irregularity, the chief commissioner may pass such order in the case as he thinks fit - - - - desaiption of mit application and other proceedings limitation begins application by m"lrtpgor de -positing mortgage tbodey this act do do 15(2) application by dlortjllbee from the date above period do tenants to be dcclattd bhuof nine months expires  midhbi ane! (5) suit for ejec:tme:nt of a pcison two years from the commencement' of occupying jiidd ,ntliout title this act 01" from the lit of and djlld8lcl july, following the date of occupation  84 suit for ejcc::tldqlt of :n 'i'brec years from the date of coijuilcdcc -from lands of publk ment of tbe act  a billfurther to amend the delhi land reforms act, 1954 the president has, in pursuance of clause (3) of ankle 117 of the constitution of india, recommended to lok sabha the consideration of the bill mn kaul, secretary (shri go'lj1'"d bal/abh pant, minister of home affairs) 