2
[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―
(a) (i) 7.25 hectares, in the case of land which is assured of irrigation from a private source of
irrigation and is capable of yielding at least two crops in a year; or
(ii) 5.8 hectares, in the case of land which is assured of irrigation from a Government source of
irrigation and is capable of yielding at least two crops in a year; or
(b) (i) 10.9 hectares, in the case of land which is assured of irrigation from a private source of
irrigation and is capable of yielding at least one crop in a year; or
(ii) 8.7 hectares, in the case of land which is assured of irrigation from a Government source of
irrigation and is capable of yielding at least one crop in a year; or
(c) 21.8 hectares, in the case of any other land, including an orchard.
(2) Where a person holds land falling under more than one category specified in sub-section (1), then,
the land held by him shall be converted into land falling under category (c) and for the purpose of such
conversion one hectare of land falling under category (a) (i) shall be treated as equal to 3 hectares of land
falling under category (c), one hectare of land falling under category (a) (ii) shall be treated as equal to
3.75 hectares of land falling under category (c), one hectare of land falling under category (b) (i) shall be
treated as equal to 2 hectares of land falling under category (c) and one hectare of land falling under
category (b) (ii) shall be treated as equal to 2.5 hectares of land falling under category (c); and the extent
of the land so converted together with the extent of the land, if any falling under category (c) held by such
person shall not exceed 21.8 hectares.
(3) For the purposes of this section, land which is assured of irrigation from a Government source of
irrigation means any land which is irrigated, or is capable of being irrigated, from such source.
(4) If any question whether any land is capable of yielding only one crop or more than one crop in a
year arises, such question shall be decided by such authority and in such manner as may be prescribed and
the decision of such authority thereon shall be final.
(5) Where the number of members of the family of a person exceeds five, he shall he entitled to hold
land in excess of the ceiling limit to the extent of one-fifth of the ceiling limit for each member in excess
of five; so, however, as not to exceed twice the ceiling limit in the aggregate.
(6) where a person is a member of a family the land held by such person together with the land held
by every other member of the family, whether individually or jointly, shall be taken into account in
determining the ceiling limit.
1. The words „, “standard acre” ‟ omitted by Act 15 of 1976, s. 3 (w.e.f. 8-12-1975).
2. Subs. by s. 4, ibid., for section 3 (w.e.f. 8-12-1975).
6
(7) A person representing a family shall also be entitled to hold land not exceeding the ceiling limit
for each of his major sons, if any:
Provided that the land, if any, held by such major son or, if he has a family, by any other member of
his family shall be taken into account in determining the ceiling limit for the purposes of this sub-section.
(8) Where a family holds land in excess of the ceiling limit and such land includes land held by the
wife or the husband, then, the share of the wife or the husband, as the case may he, in the land that may be
held by the family within the ceiling limit shall be in the same proportion as it was in the total extent of
the land held by the family.
(9) Where a person is a member of a registered co-operative farming society his share in the land held
by such society shall be taken into account in calculating the ceiling limit in relation to such person.]
4. Submission of returns.―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:
Provided that in the case of a joint holding, all co-sharers may submit the return jointly indicating the
parcels of land, not exceeding the aggregate of their individual ceiling limits, which they desire to retain.
Explanation.―In the case of a person under disability, the return shall be furnished by his guardian or
authorised agent, as the case may be.
5. Collection of information through other agency.―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.
6. Procedure for determination of excess land.―(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―
(a) the total area of land held by each person representing the family;
(b) the specific parcels of land which he may retain;
(c) the land held by him in excess of the ceiling limit;
(d) whether such excess land is held by him as a Bhumidhar or as an Asami;
(e) the excess land in respect of which Bhumidhari rights may be acquired by an Asami;
(f) the excess land which may be restored to a Bhumidhar;
(g) the excess land which shall vest in the Government; and
(h) such other matters as may be prescribed.
2
[(2) For the purpose of determining the excess land under this section any land transferred by sale,
gift or otherwise (other than a bona fide sale under a registered deed for valuable consideration) at any
time during the period between the appointed day and the commencement of the Delhi Land Holdings
1. Subs. by Act 15 of 1976, s. 5, for certain words (w.e.f. 8-12-1975).
2. Subs. by s. 6, ibid., for sub-section (2) (w.e.f. 8-12-1975).
7
(Ceiling) Amendment Act, 1976, shall, notwithstanding such transfer, be deemed to be held by the
transferor and the burden of proving the transfer by sale as bona fide shall be on the transferor.
(3) The competent authority shall prepare a list in the prescribed form containing the particulars
determined by him under sub-section (1) and shall cause every such list to be published in the Official
Gazette and also in such other manner as may be prescribed.]
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:
Provided that where such person has transferred his land to more than one person, the balance or the
entire excess land, as the case may be, shall be selected out of the land held by each of the transferees in
the same proportion as the area of the land transferred to him bears to the total area of the land transferred
to all the transferees.
(2) Where any excess land is selected out of the land transferred, the transfer of such land shall be
void.
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.]
8. Excess land to vest in Government.―(1) Where any excess land of a Bhumidhar is in his actual
possession, the excess land shall vest in the Government.
(2) Where any excess land of a Bhumidhar is in the possession of a person holding the same as an
Asami and the excess land together with any other land held by such person exceeds his ceiling limit, the
land in excess of the ceiling limit shall vest in the Government.
(3) Where any excess land of a Bhumidhar is in the possession of a person holding the same as an
Asami and such person is allowed to retain the excess land or a part thereof as being within his ceiling
limit, that parson shall acquire Bhumidhari rights in respect of such excess land or part thereof on
payment of compensation as hereinafter provided, but if that person refuses to pay such compensation, the
excess land or part thereof shall vest in the Government.
(4) Where there is any excess land of an Asami, the excess land shall vest in the Government:
Provided that in any case where the excess land or any part thereof held by a Bhumidhar together
with any other land held by such person does not exceed the ceiling limit, the excess land or such part
thereof as does not exceed the ceiling limit shall be restored to the Bhumidhar on an application made by
him in this behalf to the competent authority within such time as may be prescribed.
9. Publication of the final list and consequences thereof.―(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. Subs. by Act 15 of 1976, s. 7, for section 7 (w.e.f. 8-12-1975).
8
Provided that the Deputy Commissioner may entertain the objection after the expiry of the said period
of thirty days, if he is satisfied that the objector was prevented by sufficient cause from filing the
objection in time.
(2) The Deputy Commissioner or any other officer authorised in this behalf by the Chief
Commissioner may, after considering the objections and after giving the objector or his representatives an
opportunity of being heard in the matter, approve or modify the list
(3) The list as approved or modified under sub-section (2) shall then be published in the Official
Gazette and also in such other manner as may be prescribed and, subject to the provisions of this Act, the
list shall be final.
(4) With effect from the date of the publication of the list in the Official Gazette under
sub-section (3), the excess land shall stand transferred to, and vest in, the Government free of all
encumbrances or, as the case may be, the excess land shall stand restored to the Bhumidhar or the
Bhumidhari rights in respect of the excess land shall stand transferred to the Asami free of all
encumbrances.
10. Compensation.―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:―
THE TABLE
_____________________________________________________________________________________
Rates per hectare in rupees
Class of land For the first 3
hectares
For the next 3
hectares
For the
remaining area
(a) Land under assured irrigation and capable of
yielding at least two crops in a year
5,000 4,400 4,000
(b) Land under assured irrigation and capable of
yielding at least one crop in a year
2,500 2,200 2,000
(c) Any other land (including an orchard) 1,250 1,100 1,000
Provided that where such excess land or any part thereof is in the possession of an Asami, the
amount payable in respect of the land shall be apportioned between the Bhumidhar and the Asami in such
proportion as may be determined by the competent authority in the prescribed manner, having regard to
their respective shares in the net income from such land to be determined by the competent authority in
the prescribed manner.
(2) In addition to the amount payable in respect of any excess land under sub-section (1), there shall
also be paid an amount in respect of any structure or building, including wells, tube-wells and
embankments constructed on such excess land and such amount shall be fifty per cent. of the market
value of such structure or building and shall be paid to the person who has constructed the structure or
building.]
(3) Where any excess land in respect of which 2
[an amount] is payable is subject to any mortgage or
other encumbrance, the amount due under the mortgage or other encumbrance in respect of such excess
land, or where a transfer in respect of excess land is void by virtue of 3
[sub-section (2) of section 7], the
1. Subs. by Act 15 of 1976, s. 8, for sub-sections (1) and (2) (w.e.f. 8-12-1975).
2. Subs. by s. 8, ibid., for “compensation” (w.e.f. 8-12-1975).
3. Subs. by s. 8, ibid., for “sub-section (4) of section 7” (w.e.f. 8-12-1975).
9
consideration money paid by the transferee in respect of such excess land, shall be a charge on the
1
[amount] payable in respect of the excess land to the person who has created the mortgage or
encumbrance or, as the case may be, to the transferor.
(4) Where an Asami acquires Bhumidhari rights in respect of any excess land, 2
[the amount] payable
by him in respect of that land shall be equal to the amount which the Bhumidhar would have been paid
3
*** under the proviso to sub-section (1) or sub-section (2), if the land had vested in the Government; and
the amount shall, in the first instance, be paid to the Bhumidhar by the Government and shall be
recovered from the Asami in such manner as may be prescribed
(5) Where any excess land of a religious or charitable institution vests in the Government such
institution shall, in lieu of 1
[the amount] payable under sub-section (1) or sub-section (2) be paid an
annuity equal to the net annual income of the excess land and such net annual income shall be determined
by the competent authority in the prescribed manner.
(6) The competent authority shall, after holding an inquiry in the prescribed manner, make an order
determining the amount 4
*** payable to any person under this section.
11. Manner of payment of amount.―(1) The 5
[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 5
[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 5
[amount] or where the 5
[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.―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.
13. Excess land not to be surrendered in certain cases.―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.
1. Subs. by Act 15 of 1976, s. 8, for “compensation” (w.e.f. 8-12-1975).
2. Subs. by s. 8, ibid., for “the compensation” (w.e.f. 8-12-1975).
3. The words “as compensation” omitted by s. 8, ibid. (w.e.f. 8-12-1975).
4. The words “of compensation” omitted by s. 8, ibid. (w.e.f. 8-12-1975).
5. Subs. by s. 9, ibid., for “compensation” (w.e.f. 8-12-1975).
10
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.―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.―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.