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NCT Delhi - Section

Section 6B in The Delhi Land Reforms Rules, 1954

6B. Calculation of land revenue and compensation of Bhumidhars declared as such under Sections 11, 13 and 14.

- (a) Bhumidhars declared as such under Section 12. - (1) The land revenue payable by a Bhumidhar who is declared as such under sub-section (1) or under the proviso to sub-section (2) of Section 11 i.e. of persons belonging to Parts 1 to 5 of the tenure register shall be calculated in accordance with sub-section (4) of Section 11. The basis of the calculation shall be the land revenue paid for the plot or plots concerned in the year immediately preceding the commencement of the Act, which will be found in column 9 of the tenure register. Where the plot or plots form A part of a Khata, the proportionate land revenue shall be calculated by working out separately the valuation of the whole Khata as also the valuation of the plots under declaration at the prevailing village rate of rent with due regard to the class of soil. The land revenue of the plots under declaration shall bear the same proportion to the land revenue of the whole Khata as the valuation of the former to that of the latter. The new land revenue so calculated shall be entered in column 11 of the tenure register by the Revenue Assistant.
(2)The compensation payable by the occupancy tenants under Section 5 of the Punjab Tenancy Act, 1887 and by the Pattadars Dawami or Istamrari with right of transfer by sale i.e. by persons belonging to parts 3 and 4 of the tenure register shall be four times the new land revenue calculated under Clause (1) above. This shall be entered in column 13-A of the tenure register.
(b)Bhumidhars declared as such under Section 13. - (1) The land revenue payable by tenants-in-chief or sub-tenants enumerated in sub-section (1) of Section 13 i.e. of persons belonging to parts 6 to 12, tenants, and parts 13 to 17, sub-tenants, of the tenure register shall be calculated in accordance with the principles laid down in Section 14. The general principle is that the new land revenue shall be half of the amount of rent payable or deemed to be payable by the tenant or the sub-tenant in the year immediately before the commencement of the Act for the plots under declaration. Where the plots concerned are part of a holding, the proportionate rent of the part under declaration shall be calculated on the basis of valuations at the prevailing village rate of rent with due regard to the class of soil on the same principle as given in Clause (1) of sub-rule (a). Where the plots under declaration belong to a rent-free grantee or grantees at favourable rate of rent deemed to be payable in the year before the commencement of the Act shall be the rent at the prevailing village rate of rent with due regard to the class of soil. The rent payable in the year immediately before the commencement of the Act, so calculated shall be entered in column 8 of the tenure register. The new land revenue calculated according to the general principle mentioned above shall be 50 percent of the rent so calculated. But this new land revenue shall be subject to a maximum and a minimum. The amount so found shall be compared with the former land revenue of the plots under declaration as entered in column 9 of the tenure register. Where the new land revenue is greater than twice the former land revenue, it shall be reduced to the latter amount i.e. to an amount equal to twice the former land revenue. Where the new land revenue is less than the former land revenue, it shall be raised to an amount equal to the former land revenue. The new land revenue shall be entered in column 11 of the tenure register.
Example 1 - Suppose that the rent of a non-occupancy tenant in the year immediately before the commencement of the Act was Rs. 6 and the land revenue of the plots concerned in that year was Rs. 2 His new land revenue will be half of Rs. 6 i.e. Rs. 3. It will be declared as Rs. 3 as this amount is neither greater than twice the former land revenue nor less than the former land revenue.Example 2 - Suppose in the above example, the tenant is an occupancy tenant and the former land revenue was Rs. 4 and not Rs. 2. In that cases half the rent would be Rs. 3 which is less than the former land revenue. Therefore, the new land revenue Rs. 3 will be raised to Rs. 4.Example 3 - Suppose that the rent of a sub-tenant is Rs. 14 and the former land revenue was Rs. 2. Here half the rent i.e. Rs. 7 is greater than twice the former land revenue. Therefore the new land revenue will be obtained by reducing Rs. 7 to Rs. 4.
(2)Compensation to be paid by occupancy tenants with permanent and heritable rights under Clauses (b), (c) and (h) of sub-section (1) of Section 13, i.e. by persons belonging to parts (7), (8) and (10) of the tenure register, to the proprietor, shall be 8 times the amount of new land revenue declared in column 11 under Clause (1) of sub-rule (b) above and this amount of compensation shall be entered in column 13-A.Example - As example 2 given under Clause (b) of sub-rule (b) relates to an occupancy tenant, his case will be covered by this sub-rule and in this case the amount of compensation will be 8 times the new land revenue i.e. 8 into 4 or Rs. 32 payable to the proprietor.
(3)Compensation to be paid by tenants of Sir and non-occupancy tenants, under Clauses (a), (d), (e), if) and (g) of sub-section (1) of Section 13 i.e. persons belonging to parts (6), (9), (11) and (12) of the tenure register shall be 16 times the new land revenue declared in column 11 of the tenure register. These shall be entered in column 13-A of the tenure register.Example - Example 1 given under Clause (1) of sub-rule (b) relates to a non-occupancy tenant. His case will be covered by this sub-rule and the amount as compensation in this case will be 3 x 16, i.e., Rs. 48.
(4)Compensation to be paid by all sub-tenants i.e. by persons belonging to parts (13) to (17) of the tenure register, when they are declared as Bhumidhars under Section 13, shall be twenty times their newly declared land revenue in column 11 of the tenure register. But in this case the amount of compensation shall be distributed between the proprietor and the land holder in proportions detailed in Clause (b) of sub-section (3) of Section 14. The proportion of distribution shall depend on the class of tenure to which the immediate land holder of the sub-tenant belongs, so that in each case the proprietor gets the multiple that would be due to him from that class of tenure holder and the balance goes to the land holder. Thus the distribution will be as follows:
Where landholder is a tenant with a right oftransfer by sale i.e. belongs to part 3 and 4 of the tenureregister. Where landholder has permanent and heritablerights, i.e. belongs to parts 7, 8 and 10 of the tenure register. Where landholder is a non-occupancy tenant i.e.belongs to parts 6, 9 and 11 of the of the tenure register.
(i) Compensation to the proprietor 4. 8 16
(ii) Compensation to the landholder 16. 12 4
The amount of compensation thus distributed will be entered in columns 13-A and 13-B of the tenure register by the Revenue Assistant.Example - If in example 3 under Clause (1) of sub-rule (2) of the sub-tenant holds the land from say an ordinary occupancy tenant belonging to part (8) of the tenure register, his compensation will be 4 x 20 i.e. Rs. 80 and out of this Rs. 32 will go to the proprietor and Rs. 48 to the occupancy tenant.