(1) This Act may be called the Delhi Land Holdings (Ceiling) Act, 1960.
In this Act, unless the context otherwise requires,--
1[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 partly in one capacity and partly in another, be entitled to hold land in excess of--
Every person representing a family 1[who on the appointed day or at any time thereafter held 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:
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.
(1) On receipt of any return under section 4 or information under section 5 or otherwise, the competent authority shell, 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--
1[7. Selection of excess land in cases of certain transfers.-- (1) Where any person transfers any land by sale, gift or otherwise (other than a bona fide 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 transferee:
1[7A. 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 into before such commencement shall be maintainable.]
(1) Where any excess land of a Bhumidhar is in his actual possession, the excess land shall vest in the Government.
(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:
1[(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 Table below, namely:--
(1) The 1[amount] payable under section 10 shall be due on the date of the publication 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.
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 limit shall, subject to the provisions of the Delhi Land Reforms Act, 1954 (Delhi Act 8 of 1954), be treated as excess land of the transferee and the provisions of sections 6 to 11 shall, as far as may be, apply to such excess land.
Where a person representing a family holds land not exceeding the ceiling limit, but subsequently the land held exceeds the ceiling limit, 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 effected in the land by the efforts of the family or to a decrease in the number of its members.
After the publication of the list of excess land under sub-section (3) of 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 cause to be used such force as may be necessary for the purpose.
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 purposes as may be prescribed:
Subject to any rules that may be made in this behalf, the Chief Commissioner or any officer authorised by him may allot any excess land vesting in the Government (other than land reserved under section 15) 1[to such persons (preference being given to landless agricultural labourers particularly those belonging to the Scheduled Castes or the Scheduled Tribes)] and on such terms and conditions as he thinks fit.
Save as otherwise expressly provided, the provisions of this Act shall have effect notwithstanding anything to the contrary contained in any other law, custom or usage or agreement or decree or order of a court.
Any sum payable to the Government under the provisions of this Act may be recovered in the same manner as an arrear of land revenue.
Any person aggrieved by an order made by the competent authority under section 10, may, within a period of thirty days from the date of the order, prefer an appeal to the Deputy Commissioner:
(1) The Chief Commissioner may, on an application for revision made to him or otherwise, call for the record of any proceeding pending 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.
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 (5 of 1908), when trying a suit, in respect of the following matters, namely:--
Subject to any conditions and restrictions that may be prescribed, any officer entrusted 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.
(1) Whoever 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 term which may extend to six months and with fine which may extend to one thousand rupees.]
(1) Subject to the provisions of this Act, every order made under this Act shall be final.
No suit or other legal proceeding shall lie against the Government or any authority or officer in respect of anything which is in good faith done or intended to be done in pursuance of this Act or any rules or orders made thereunder.
[Power to exempt, etc.] Omitted by the Delhi Land Holdings (Ceiling) Amendment Act, (15 of 1976), s. 12 (w.e.f. 8-12-1975).
(1) The Chief Commissioner may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
[Amendment of the Delhi Land Reforms Act, 1954.] Rep. by the Repealing and Amending Act, 1964 (52 of 1964), s. 2 and the First Schedule (w.e.f. 29-12-1964).