Amendment status not verified — confirm the current text below against the official source.
(1) the commencement c I this Act, the De- %umidhai ~ d t y Commissioner shall also declare the following C ~ S S ~ S rights other case%, " of teoailts as Bhunidharr, who shall, with efiect from tkc same, have all the rights and be subject to all the liabi!i:ies conferred or imposed 4 ~ 0 2 Bhumidhers ccder this namely : - (a) a rent fret orantee or a grantee at frvourabb rate of rent: (b) an exp;oprietary tenant ic Shahdara Circie; (c) an cccupailcr tenant, except those undtr sec- tion 5 of the Punjab Tenancy Act, 1887; (d) a non-m;.upncy tenani. who pa) S rent al rr- venue rates with or withcat Malikana; (,) a tenant of Sir or a sub-tenant declared as n,-mcupancy tenant under section 10 or 12; 3[m a tenant of or over twelve.years in Shzih33ilra Circle and a non-occupancy tenant ln any par1 ~ o f Union territ~y of Delhi other than a non-occupan;g tenant referred to in clause (dl;? (2) a tenant grove holder; and (h) a holder of patta Dawami or IStamrari with- out any right to sell. (2) Every person who, after the cCmImenCement of this ~ c t , is admitted to land as Bhumidhar cr who a c q ~ i r ? ~ Bhumidhari rights under any provisions of this Act, shall - __-_ _-, B]ins. by s. 7 of Delhi Act i6 of 1956. a b s . by s. 7 of Delhi Act 16 ot 1956 for the words "non-occup~ncy tenaob or p&dar.'' aabs. by pet. 3 of Central Act 1 of 1966 (retrospectivel~). 70 The Delhi Land Reforms Act. 1954 ( ~ h a ~ r e r Ill-A. Declormion of Bhumidhei right*. compensation and land Revenue) have all the nghts and be subject to all the liabilities con- ferred or imposed upon Bhumidhars under this Act with effect from the date of admission or acquisition, as the case may be. Compensa- $4. (1) Every person, declared as Bhumidhar under b@n and sub-section (1) of section 13, shall with effect from the com- land revenue mencement of this Act, cease to pay rent of the land in payable by respect of which the declaration has been made to the Ebumi- proprietcr or the landholder, as the case may be. dkars de- clared as (2) Every such person. oiher than a sub-teiiant deem ed to be a EOE-occupancy tenant under section 10 or 12, section 13. shall-- (a) Be liable for payment of such amount on ac- count of land revenue for the holding or his share t!;,:rein, as the case may be, as shal! be one half d the amount of rent payablz or deemed to be payable by him in the Casli year immediately preceding the caixrnencemen: of this Act together with cesses and lozal ra:es of the area of which ha is declared Bhui& dhar from the cmrnen:ement of tkds Act: Provided that whera half the amonnt d rent payable or deemed to be payable by him in the fasli year imim- diately preceding the conrmencement of this Act is less than the actual amount of land revenue payable immedja- tely before the commencement of this Act for the holldinq or his share therein, the Iand revenue shall be the said ac- :ual amount of land revenue, and where the said half the amognt of rent is gre2ter than twice the actual amount of land rcvanue payable inmediately before the cornpence aent of this Act, the land revenue shall be twice the said actual amount of land revenue, 7 (b) be liable to pay as compensation in the Gw- ernment Treasury to the credit of the proprietar con- cerned an amount which shall in the case of ienants with permazeat and heritable rights, i.e., in tllc case of tenants under clauses (b), (c) and (hl of sub-section (1) of section 13, be eight-times the amount of land revenue so determined and in the case of non-occupan- cy tenants, i.e., tenants, o~f Sir or tenants under clauses (a), (d), (f) and (g) of sub-section (1) of section 13, 5p, sixteen times the Iand revenue so determined. (3) Every such person, being a sub-tenant, who is de- clared as Bhumidhar under clause (e) of sub-section (1) of section 13 shall- (a) be liable for payment of such amount on ac- count of land revenue for the holding or his share there- in as is 'determined on the ssme principle as laid down in clause (a) of sub-section (2). The Delhi Land Reforms Act, 1954 (Chapter Ili-A. Decimatioiz of Bhzimidhari rights, compensation and land Revenu~) (b) and be liable to pay as compensation zn amount equal to 20 times the land revenue so daer- mined under clause (a) which shall be distributed bet- ween his immediate landholder and the proprietor in accordance with the following scale : - Tenants with a right Occupancy tenante Nan-occupancy of transfer, i.e., with permanent and tenants. tenants holding land heritable rights. i.e., tenants under clauses (b) & i.e., tenants of Sir and fc) of sub-secrion (1) of section 11. Compensat ion to rhe Proprietor. 4 Compensat ion to the landholder 16 (4) The tenant or sub-tenant declared as Bhumidhar under section 13 shall pay the compensation either in O I ? ~ lump sum within six months of his declaration, or if he does not elect to pay the compensation in one lump sum, in ten annual equal instalments together with interest al such rate as may be prescribed, beginning from the com- mencement of this Act. (5) In the case of default in the payment on the ddte fixed of any instalment under sub-section (4), the alnoune shall be recovered as arrear of land revenue. (6) If during the priod of instahent the land revewlr: is postponed, suspended or remitted for reasons of agrical- tural calamity in the area concerned, the payment of com- pensation shall also be postponed or suspended but in the case of remission d land rcvenue, the payment of compen- sation shall not be remitted but recovered in subsequmt instalments to be fixed by the Deputy Commissioner. (7) The Revenue Assistant shall annually disburse the instalment of the Compensation paid by the Bhumidhar under sub-section (4) or direct the payment of the amount deposited as compensation by the Bhumidhar in one lump sum under sub-section (2) or (3) d this section to the pro. prietm or to the proprietor and landholder or their succes- sor-in-interest, as the case may be, in accordance with the rules on the subject. The annual disbursements made to a proprietor and landholder in cases under sub-section <3); where payments are made by instalments, shall be in the same proportion as the total compensations payable to I 72 The Delhi Land Reforms Act, 1954 (Chapter III-A . Declaration of Bhumidhari rights, com- pensation and land Revenue-General consequences of t h ~ terminorion of intermediaries rights) (8) In this section the expression "rent deemed to be p y a blew means- (i) where the rent is paid in kind, or is based on an estimate or appraisement of standing crops or on rates i ,varying with the crops sown or partly in one d such ways and partly in another or other of such ways, the rent shall be deemed to be an amount, which the ave- rage value of the landlord's share of the crops gram in the preceding five years, subject to such rules as it, may be prescribed; (ii) where there was no rent payable or fixed for the holding or area concerned or part thereof, or where it was held rent-free or at favourable rate of rent. the rent for the said area shall be calculated at the pie- vailing village rate of rent; and (iii) '[where it is not possible to ascertain the c r o , ~ grown in the preeding five years, the rent shall be cal- culated at the prevailing village rate of re~t]. (9) Every person, who, after the commencement of this Pict, is admitted to land as Bhumidhar or who acquired Bhumidhari rights under any provisions of this Act, shall pay the same amount of land revenue as was payable fm the land immediately before his admission to or acquisitior~ of B11ul;lidhari rights in the land, together with cesses an2 Iccal rates : Provided that if the last Bhi-~midhar, '[whom] ,he has t replaced wss '[to pay compensation], he shall resume and conlplete the payments in the same manner: Provided fmther that in any other case. i.e., where the last Bhumidhar had already paid up the total amount of compensation to thz proprietor. he shall not be called upon :o pay sny compznsation. B. Gerzer-a1 consequences cf the termination of ir~ermedin- ries rights Estate in IS. (13 A mortgagee in possession of an estate or share , possession ot therein shall cease to have any right in such estate or share, a ii the proprietor mortgagor deposits the mortgage money to- with posses- sion. gether with interest thereon in Government Treasury alid ayplies for redenption of the mortgage in the proper court, within a period of nine month's from the commencement of this Act. CIns. by s. 8 of Delhi Act 16 of 1956. 2subs. by s. 8 of Delhi Act 16 of 1956 for the: words, "when", 'Subs. by's. 8 of Delhi Act 16 of 1956 for the words "making payment of corn-- tion by instalment." The DeUti Land Reforms Act, 1954 r[Chapter IIZ-B. General colzrequences of the terminailon of intermedimies rights) '(2) '[If the proprietor mortgagor deposits the amount and applies fw redemption as provided in sub-section (1). he shall be declared as Bhumidhar in respect of the mcrrt- .gaged area which was under the personal cultivation of the mortgagee on the date of such application for redemptipn, and if any part of the mortgaged area was on the said date lei but to a tenant, such tenant shall be declared as Bhumi- dhar in respect of the area that was so let out to him.] (3) Where the proprietor mortgagor fails to take action under sub-section (1) within the time specified therein, the mortgagee d the area mortgaged with possession, ":k***], shall be declared as the Bhumidhar of so much of the area martgaged as is under the personal cultivation of the mort- gagee. (4) Where the area mortgaged or part thereof is let out ta tenants, the mortgagee shall be declared as the Bhumi- clhar d the part under his personal cultivation and the tenaEts shall be declared as Bhumidhars ol their respective areas let out to them. (5) Subject to section 11 or 13 the provisions of sub- sections, (1) to (4) shall apply mutatis mutandis to mortgagee with possession where the mortgagors were- (a) occupancy tenants under section 5 of the Punjab 'Teoancy Act, 1887, or (b) tenants holding land on Fatta Da~l-ari or Ista- mrari, with right of transfer by sale, or (c) &proprietary tenants, occupancy teaants ather than those under section 5 of the Punjab Tenancy Act, 1887, grove holders or tenants holding land on Patta Dawami or Istamrari without right of transfer by sale.