Chapter III MISCELLANEOUS

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: 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.

1. (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. (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.

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:--

1. (a) enforcing the attendance of any person and examining him on oath;
2. (b) requiring the discovery and production of documents and material objects;
3. (c) receiving evidence on affidavit; and
4. (d) such other matters as may be prescribed

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. (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.]
2. (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.

1. (1) Subject to the provisions of this Act, every order made under this Act shall be final.
2. (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.

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. (1) The Chief Commissioner may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
2. (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 compelent 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 publication 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 1[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 1[amount];
     • (i) the manner of assessment of market value of structures and buildings and the value of trees for the purpose of payment of 1[amount];
   • (j) the number of instalments in which 1[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. (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 2[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 have 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.

[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).