Delhi Land Holdings (Ceiling) Act, 1960- Sections 11 to 28

11. Manner of payment of amount.

11. Manner of payment of [i][amount].—(1) The [ii][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.

(2) Where the [iii][amount] is payable in bonds, the bonds may be made not transferable 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 [iv][amount] or where the [v][amount] is paid either in instalments or in bonds, it shall carry interest at the rate of two and a half per cent. per annum from the date on which it falls due.

12. Limit of future acquisition of land.

12. Limit of future acquisition of land.—No person representing a family shall acquire in any manner whatsoever whether by transfer, exchange, lease, agreement of 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.

13. Excess land not to be surrendered in certain cases.

13. Excess land not to be surrendered in certain cases.—Where a person representing a family holds and 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 manner of its members.

14. Power of Deputy Commissioner to take possession of excess land.

14. Power of Deputy Commissioner to take possession of excess land.—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.

15. Reservation of land for certain purposes.

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 purposes as may 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.

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 land vesting in the Government (other than land reserved under Section 15) [vi][to such persons (preference being given to land-less agricultural labourers particularly those belonging to the Scheduled Castes or the Scheduled Tribes)] and on such terms and conditions as he thinks fit.

Chapter III

MISCELLANEOUS

17. Act to override contract and other laws.

17. Act to override contract and other laws.—Save as otherwise expressly provided, the provisions of this Act shall have effect notwithstanding anything to the contrary contained in any other law, customs or usage or agreement or decree or order of a court.

18. Mode of recovery of any amount due under the Act.

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 arrear of land revenue.

19. Appeal.

19. Appeal.—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:

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.

20. Revision.—(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.

(2) No order varying the decision of the competent authority or the Deputy Commissioner or revising the list published under Section 9 which prejudicially affects any person shall be made without giving him an opportunity of being heard.

21. Power of officers while holding inquiries, etc. under the Act.

21. Power of officers 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 (5 of 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 of survey, etc.

22. Entry upon land for purposes of survey, etc.—Subject to any conditions and restrictions that may be prescribed, any officer with the performance of any duty under this Act, 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.

23. Offences and penalties.—(1) Whoever being found 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, [vii][shall be punishable with imprisonment for a term which may extend to six months and with fine which may extend to one thousand rupees].

(2) Whoever contravenes any lawful order made under this Act or otherwise obstructs any person from lawfully taking possession of any land shall be punishable with fine which may extend to one thousand rupees.

24. Finality of orders and bar of jurisdiction.

24. Finality of orders and bar of jurisdiction.—(1) Subject to the provisions of this Act, every order made under this Act shall be final.

(2) No civil court shall have jurisdiction to entertain any suit or proceeding in so far as it relates to any matter which the competent authority or the Deputy Commissioner is empowered by or under this Act to decide.

25. Protection of action taken under the Act.

25. Protection of action taken under the Act.—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.

26. Power to exempt, etc.

26. Power to exempt, etc.—[viii][* * *]

27. Power to make rules.

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 the following matters, namely:—

(a) the form in which and the period within which a return under Section 4 may be 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 population 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 [ix][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 [x][amount];

(i) the manner of assessment of market value of structures and buildings and the value of trees for the purpose of payment of [xi][amount];

(j) the number of instalments in which [xii][any amount] under this Act may be paid or recovered; and the period within which bonds may be redeemed;

(k) the manner of demarcation of excess land;

(l) the purposes 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 [xiii][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 sessions aforesaid], 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 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.

28. Amendment of the Delhi Land Reforms Act, 1954.

28. Amendment of the Delhi Land Reforms Act, 1954.—[xiv][Repealed]

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