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- Haryana
- Enactment date
- 1955-03-04
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1955 : Pepsu Act 13] TENANCY AND AGRICULTURAL
113
LANDS
CONTENTS
CHAPTER 1
PRELIMINARY
SECTIONS.
< 1. Short title, commencement and duration.
2. Definitions.
3. Permissible limit.
4. Act to override other laws.
CHAPTER II
e
RESERVATION OF LAND FOR PERSONAL CULTIVATION
od
5. Reservation of land for personal cultivation.
5-A. Reservation of additional land for
tion in certain cases.
personal cultiva- aC
di
6. Land reserved for personal cultivation to
be notified.
In
CHAPTER III
GENERAL RIGHTS oF TENANCY
7. Termination of tenancy.
7-A. Additional grounds for termination of tenancy in
certain cases.
8. Security of tenure to certain tenants.
8-A. Certain sales of tenancy land not pre-emptible.
8-B. Certain mortgagees to be deemed as tenan
ts under the
Act.
9. Maximum amount of rent payable,
10. Determination of rent.
11. Receipt for rent.
:
12. Prohibition against recovery of exces
sive rent.
13. Liability to refund amount unlawfully
recovered.
14. Bar on eviction from dwelling-house,
"15. Option to tenant to purchase site of
dwelling-house.
16. Right of tenant to make improvem
ents on land.
17. Compensation for improvements,
18. Devolution of tenancy on death
of tenant.
19. Rights and privileges of tenants under
other laws not
affec ted.
AE.
{14 TENANCY AND AGRICULTURAL [1955 : Pepsu Act 13
LANDS
CHAPTER IV
SECTIONS.
ACQUISITION OF PROPRIETARY RIGHTS BY TENANTS
20. Definition of ‘tenant’. |
91. Application of this Chapter to evacuece lands.
22. Acquisition of proprietary rights by tenants.
23. Determination of compensation for acquisition of
proprietary rights,
24. Tenant may abandon his intention to acquire pro-
prietary rights.
95. Forfeiture of right to acquire proprietary rights.
e
96. Principles of compensation for acquisition of
od
proprietary rights.
27. Compensation payable in instalments.
aC
28. Payment of compensation to landowner.
29. Recovery of land revenue, ete, from tenants and
di
their right to set off the same against rent.
99-A. Right of landowners in certain cases to enforce
In
acquisition of proprietary rights by tenant s.
30. Proprietary rights to devolve on heir.
31. Bar of transfer of ownership rights.
s under
32. Certain transfers not to affect rights of tenant
this Chapter.
CHAPTER IV-A
CEILING ON LAND ak ACQUISITION AND
DISPOSAL OF SURPLUS AREA
32-A. Ceiling on land.
land in excess of the
32-B. Returns by persons having
ceiling.
affidavits to be furnish-
39-BB. Declarations supported by
tenants.
ed by certain landowners and
through other agency.
39-C. Collection of information
to Government.
39.D. Submission of statement
in surpl us areas and certain
39.DD. Future tenancies -
judgments, ete, to be ignored.
in the State Government.
39.E. Vesting of surplus area
of surplus area.
32-F. Power to take possession
to affect the surplus area.
29.FF. Certain transfers not
of compensation.
39.G. Principles for payment
1955 : Pepsu Act 13] TENANCY AND AGRICULTURAL 115
LANDS
1
SECTIONS,
32-H. Payment of compensation,
32-J. Disposal of surplus area.
32-K. Exemptions from ceiling on land.
32-KK. Land owned by Hindu undivided family to be
deemed land of one landowner.
32-L. Ceiling on future acquisition of land,
32-M. Ceiling on future acquisition by inheritance,
32-MM. Power to separate share of landowners in joint
lands.
32-N. Definition of ‘public purpose’,
e
‘surplus area’ and
‘land’,
od
32-NN. Removal of certain doubts.
CHAPTER, IV-B aC
di
CONSTITUTION OF LAND COMMISSION
In
32-P. Constitution of Land Commission and functions
thereof.
CHAPTER V
33 to [Omitted.].
38.
CHAPTER VI
MisceLLaNEOUS
39. Appeals and revision.
40. Correction of clerical errors.
41. Officers holding enquiries to have powers of civil
courts.
42. Penalty for making false statements.
43. Summary eviction and fine.
44. Certain officers to be public servants.
45. Procedure.
46, Court-fees.
47. Bar of jurisdiction.
116 TENANCY AND AGRICULTURAL [1955 : Pepsu Act 13
LANDS
SECTIONS.
48. Protection of action taken under this Act.
49. Mode of recovery of compensation and penalty.
50. Delegation.
lands.
9
51. Exemption of certain
of lands granted for gallantry before
51-A. Exemption
26th January, 1950.
52. Power to make rules.
53. Repeal and saving.
e
od
aC
di
In
1955 : Pepsu Act 13] TENANCY AND AGRICULTURAL 117
LANDS
'THE PEPSU TENANCY AND AGRICULTURAL
LANDS ACT, 1955.
(Act No. 13 or 1955)
[Received the assent of the President on the 4th March,
1955, and was first published in the Patiala and East
Punjab States Union Gazette, Extraordinary, of the
4th March, 1955].
1 2 3 4
Year| No. Short title Whether affected by later legislation
Amended by—
1955 13 | The Pepsy Tenancy and| Pepsu Act No. 27 cf 19552
e
Agricultural Lands Act,| Pepsu Act No. 9 of 1952
od
1955 Pepsu Act No, {5 of 19564.
Punjab Act No. 43 of 19575,
Punjab Act No, 3 of 1959,
aC
Punjab Act No, 16 of 1962?
Punjab Act No. 27 of 19628
Punjab Act No, 11 of 1968°,
Punjab Adapiaticn of Laws
di
(State
and Concurrent Subjects) Qdrer,
1968.
In
Punjab Act No, 29 of 19691,
Punjab Act No. 1¢ of 197312
For Statement of Objects and Reasons, see Patiala
Punjab and East
States Union Gazette (Extraordinary), 1956, Group
C, Part ITI-Section
1, page 886; for proceedings in Assembly, see Pepsu
Assembly Debates, 1955. Legislative
2For Statement of Objects and Reasons, see Patiala and East Punjab
States Union Gazette (Extraordinary), 1956, Group C,
Part ITI-Section
I, page 579 ; for proceedings in Assembly, see Pepsu Legislative
Assembly Debates, 1955.
3For Statement of Objects and Reasons, see Patiala and East Punjab
States Union Gazette (Extraordinary), 1956, Group C, Part ITI-Secti
on
I page 228 ; for proceedings in Assembly, see Pepsu Legislative
Assembly Debates, 1956.
*For Statement of Objects and Reasons, see Patiala and East Punjab
States Union Gazette (Extraordinary), 1956, Group C, Part III-Section
I, page 288 ; for proceedings in Assembly, see Pepsu Legislative
Assembly Debates, 1956.
fFor Statement of Objects and Reasons, see Punjab Government
Gazette (Extraordinary), 1957, page 1686 ; for proceedings in
Assembly, see Punjab Legislative Assembly Debates, 1957.
SFor Staternent of Objects and Reasons, see Punjab Government
Gazette (Extraordinary), 1958, pages 1553-54; for proceedings in
Assembly, see Punjab Legislative Assembly Debates, 1958.
“For Statement of Objects and Reasons, see Punjab Government
Gazette (Extraordinary), 1862, page 642, R
SFPor Statement of Objects and Reasons, see Punjub Govermment
Gazette (Extraordinary), 1962, pages 1610-1611, .
oFor Statement of Objects and Reasons, see Punjab Government
Gazette (Extraordinary), 1967, Page 448.
For Statement of Objects and Reasons, see Punjab Government
Gazette (Extraordinary), 1969, page 1130. R
For Statement of Objects and Reasons see Punjab Government
Gazette (Extraordinary) 1972, Page 1471.
118 TENANCY AND AGRICULTURAL [1955 : Pepsu Act 13
LANDS
An Act to amend and consolidate the law, relating to
tenancies of agricultural lands and to provide for
certain measures of land reforms.
It is hereby enacted in the Sixth Year of the Republic
of India as follows :—
CHAPTER I
Preliminary
A
Short 1. (1) This Act may be called the PEPSU Tenancy
commence~
ment and and Agricultural Lands Act, 1955.
e
duration,
(2) The provisions ‘Isection 7-A and Chapters IV,
od
IV-A and IV-B shall save as otherwise provided in those
of the Pepsu Tenancy and Agricultural aC
provisions, come into force on the date of commencement
Lands (Second
Amendment) Act, 1956], but the remaining provisions
di
shall come into force on the sixth day of March, 1955
In
2 * * * * * *1
Definition. 2. In this Act, unless the context otherwise re-
quires,—
(a) ‘allottee’ means a displaced person or a group
of such persons to whom land is allotted in
pursuance of the scheme contained in the noti-
fication of the Department of Rehabilitation
No. 9R, dated the 23rd July, 1949, or in pur-
suance of any other scheme for allotment of
evacuee land to displaced persons which the
State Government may, by notification in the
Official Gazette, specify for the purpose of this
Act, and includes—
(i) the legal representatives of such displaced
persons; and
(#1) in the case of an allotment to a group of
displaced persons, each such person and
his legal representatives;
1Substituted by Pepsu Act No, 15 of 1056,
2Sub-section (8), as amended by Pepsu Act No. 27 of 1955 and Pepsu
Act No. 9 of 1956, omitted by Pepsu Act No. 15 of 1956.
1955 : Pepsu Act 13] TENANCY AND AGRICULTURAL 119
LANDS
(b) banjar land’ means land which has remained
uncultivated for a continuous period of not less
than four years immediately preceding the date
on which the question whether such land is
banjar or not arises;
) '[ (bb) “Collector” has the meaning assigned to it
in the Punjab Land Revenue Act, 1887 (Punjab
Act XVII of 1887), and includes any officer not
below the rank of an Assistant Collector
specially empowered by the State Government
to perform all or any of the functions assigned
e
to the Collector under this Act.]
od
(¢) “Commissioner” has the meaning assigned to it
Act XVII of 1887),
aC
in the Punjab Land Revenue Act, 1887 (Punjab
and includes any other
di
officer specially empowered by the State Gov-
ernment to perform all or any of the functions
In
assigned to the Commissioner under this Act;
(d) “evacuee land” means land which is or which is
deemed to be evacuee property under the
Adminitsration of Evacuee Property Act, 1950
(XXXI of 1950);
(e) “khana damad” means a person who having
married the daughter of a landowner having no
male issue lives along with his wife in the
house of his father-in-law and who accord-
ing to the custom is treated by him as his
son;
(f) “landowner” has the meaning assigned to it in
the Punjab Land Revenue Act, 1887 (Punjab
Act XVII of 1887), and includes an allottee;
*[Explanation.—In respect of land mortgaged
with possession, the mortgagee shall be
deemed to be the landowner.)
Inserted by Punjab Act No. 3 of 1959, sectiin 2.
2Fxplanation added by Pepsu Act No. 15 of 1956.
120 TENANCY AND AGRICULTURAL [1955 : Pepsu Act 13
LANDS
(9) the expression “to cultivate personally” with
its gramatical variations and cognate expres-
sions means to cultivate on one’s own account—
(i) by one’s own labour, or
(ii) by the labour of such of one’s relatives, as
may be prescribed, or
(iii) by servants or hired labour;
(h) “prescribed” means prescribed by rules made
under this Act;
e
od
(1) “standard acre” is a measure of land converti-
ble with reference to the yield from, and the
aC
quality of, the soil, into an
cording to the prescribed scale;
ordinary acre ac-
di
In
(j) “State” means the [territories of the State of
Punjab which, immediately before the 1st
November, 1956, formed part of the State of
Patiala and East Punjab States Union.]
(k) “tenant” has the meaning assigned to it in the
Punjab Tenancy Act, 1887 (Punjab Act XVI
of 1887), but does not include a person—
(i) who holds a right of occupancy, or
(#1) who is relative of the tenant within the
meaning of sub-clause (2) of clause (g);
(1) “the President’s Act” means the Patiala and
East Punjab States Union Tenancy and Agri-
cultural Lands Act, 1953 (President’s Act 8 of
1953); |
(m) all other words and expressions used herein
and not defined but defined in the Punjab
Tenancy Act, 1887 (Punjab Act XVI of 1887),
1Substituted for the words “State of Patiala and East Punjab States
Union’ by the Punjab Adaptation of Laws (State and Conenrrent
Subjects) Order, 1968.
1955 : Pepsu Act 13] TENANCY AND AGRICULTURAL 121
LANDS
or the Punjab Land Revenue Act, 1887 ( Punjab
Act XVII of 1887), shall have the meanings
assigned to them in either of those Acts.
3. '[(1) “Permissible limit” for the purposes of this Permissible
Act means thirty standard acres of land, and where such
thirty standard acres on being converted into ordinary
acres exceed eighty acres, such eighty acres :
Provided that in case of an allottee,—
(a) who has been allotted land exceeding forty
standard acres, the permissible limit shall be
e
forty standard acres and where such forty
od
standard acres on being converted into ordinary
acres exceed one hundred acres, such one
hundred acres; and
aC
di
(b) who has been allotted land exceeding thirt
y
standard acres but not exceeding forty standard
In
acres, the permissible limit shall be equal to
the area of land allotted to him].
*[‘Explanation.—for the purpose of determin
ing the
permissible limit of an allottee, the prov
isions
of the proviso shall not apply to the heirs
and
successors of the allottee to whom land is
allotted.’]
(2) For the purposes of computing the
limit under sub-section (1)— permissible
(a) where a person holds some as a
landowner and
some othe r land as an allottee both kinds of
land shall be included;
(b) land occupied by an occupancy
tenant shal l not
be included in the holding of the
but if shall be included in the lan downer
the occupancy tenant in whom hol din g of
proprietary
1Sub-section (1) substituted by Pepsu Act No. 15 of 1958,
3Explanation added by Pun;
30th October, 1956,—vide sections 2 and 3 (39.
jab Act 16 196.
02 "il effect from the
i Ly
122 TENANCY AND AGRICULTURAL [1955 : Pepsu Act-i3
LANDS |
rights in respect of such land vest under
the Pepsu Occupancy Tenants (Vesting of
Proprietary Rights) Act, 1954 (18 of 1954);
(¢) where a landowner owns land jointly with other
landowners his share of such land as ascertained
from the record of rights shall alone be inclu
ded; :
(d) where a landowner died within a period of six
months from the commencement of the Presi-
dent’s Act, the permissible limit shall be deter-
mined with reference to the land which has
devolved upon each of his successors-in-
interest, including any land held by such
e
successors- in-interest immediately before
od
the death of the landowner,
(e) any transfer of land made by the
after the commencement
aC of the
landowner
President's
di
Act shall be disregarded;
In
'I(F) * #% %* # * # * #]
.
4. Save as otherwise expressly provided in this Act,
other the provisions of this Act shall have effect notwithstanding
anything inconsistent therewith contained in any other law
for the time being in force or any instrument having effect
by virtue of any such law or any usage, agreement, settle-
ment, grant, sanad or any decree or order of any court
or other authority.
CHAPTER IT
Reservation of land for personal cultivation
Reservation 5. (1) Subject to the provisions of this section, every
of land for per- Jandowner owning land exceeding thirty standard acres
sonal cultivation. 1 211 be entitled to select for personal cultivation from the
land held by him in the State as a landowner any parcel or
parcels of land not exceeding in aggregate area the per-
missible limit and reserve such land for personal cultiva-
tion by intimating his selection in the prescribed form and
manner to the Collector :
“ 11ause (f) omitted by Pepsu Act No. 15 of 1956.
i
CULTURAL 123
1955 : Pepsu Act 13] TENANCY AND AGRI
S LAND
the landowner
Provided that in making such selection,
issible limit, all land
shall include to the extent of the perm
immediately before
which he held for personal cultivation
Act.
the commencement of the President's
landowner
(2) Theright conferred by this section on a
cease if it is
to reserve land for personal cultivation shall
not exercised—
com-
(a) within a period of one year from the
e the
mencement of the President's Act, wher
es of
landowner is a member of the Armed Forc
e
the Unien; and
od
(b) within a period of six months from such com-
mencement, in any other case.
15-A. Any landowner,—
aC Reservation of
additional land
di
for pemsonal cul~
(1) whose permissible limit has been altered under tivation in cer
Agricultural Lands
In
the Pepsu Tenancy and tain cases,
(Second Amendment) Act, 19586, or
(2) who on account of the provisions contained in
sub-section (2) of section 7A is not entitled to
resume reserved land or any part thereof, or
(3) in the case of an allottee whose allotment has
been modified or revised after the commence-
ment of the President's Act,
shall be entitled,—
(a) in any case where he has reserved land for
personal cultivation under section 5, to reserve
additional land for personal cultivation,
(b) in any case where he was not entitled to reserve
land for personal cultivation to reserve such
land for personal cultivation,
not later than the expiry of six months from the date of
commencement of the Act referred to in clause (1) and
the provisions of section 5 shall so far as may be, apply to
reservation of land for personal cultivation under this
1Section HA inserted by Pepsu Act No. 15 of 1956,
124 TENANCY AND AGRICULTURAL [1955
: Pepsu Act 13
LANDS |
section as they apply to reservation
of land for personal
cultivation under that section. ]
fond seserved 6. (1) The Collector shall in respect of
Hyati
tivation to be owner notif
ify y in
i such form
every land-
and manner as may be: pres-
cribed the particulars of all lands rese
rved for the personal
cultivation of the landowner under section 5 "for
section 5A, as the case may be.]
(2) A copy of every notification issued under sub-
section (1) shall, as soon as may be,
be served upon the
landowner concerned in the prescribed manner,
e
CHAPTER III
od
General Rights of Tenancy
Termination
tenancy .
of
7. (1) No tenancy aC
shall be terminated
accordance with the provisions of this Act or excep
except in
di
t on any
of the following grounds, namely :—
In
[(a). * * * * LJ] * *1.
(b) that the tenant has failed to pay rent within a
period of six months after it falls due :
*[Provided that no tenant shall be ejected under
this clause unless he has been afforded an
opportunity to pay the arrears of rent with-
in a further period of six months from the
date of the decree or order directing his
ejectment and he has failed to pay such
arrears during that period;]
{(c) that the tenant, not being a widow, ‘[a
minor, an unmarried woman, a member of
the Armed Forces of the Union ar a person
incapable of cultivating land by reason of
physical or mental infirmity] has after
commencement of the President’s Act,
sublet without the consent in writing of
1Added by Pepsu Act No. 15 of 1956.
2Clause (a) of sub-section (1) omitted by
Pepsu Act No. 15 of 1958.
3Proviso added to clause (b) of sub-section (1)
Act No. 9 of 1956. of section 7 by Pepsu
“Substituted by Pepsu Act No, 15 of 1956, section 7(2),
1955 : Pepsu Act 13] TENANCY AND AGRICULTURAL 125
LANDS
the landowner, the land comprising his tenancy
or any part thereof;
(d) that the tenant has, without sufficient cause,
failed to cultivate personally such land, in the
manner and to the extent customary in the
locality in which such land is situated;
(e) that the tenant has used such land or any part
thereof in a manner which is likely to render
the land unfit for the purpose for which it was
leased to him ;
(f) that the tenant, on demand, in writing by the
e
landowner has refused to execute a kabuliyat
od
agreeing to pay rent in respect of his tenancy in
accordance with the provisions of sections 9
and 10.
TR) + + * + x = A]
aC
di
In
’[7-A. (1) Subject to the provisions of sub-sections Addit onal
dditional ter
(2) and (3), a tenancy subsisting at the commencement of mination of ten-
the Pepsu Tenancy and Agricultural Lands (Second 31Y in certain
Amendment) Act, 1956, may be terminated on the follow- )
ing grounds in addition to the grounds specified in section
7, namely :—
(a) that the land comprising the tenancy has been
reserved by the landowner for his personal
cultivation in accordance with the provisions of
Chapter IT;
(b) that the landowner owns thirty standard acres
or less of land and the land falls within his
permissible limit :
Provided that no tenant [other than a tenant of a
landowner who is member of the Armed Forces
of the Union] shall be ejected under this sub-
section—
(i) from any area of land if the area under the
personal cultivation of the tenant does not
exceed five standard acres, or
1Sub-section (2) omitted by Pepsu Act No. 15 of 1956 section 7(1).
8Section TA inserted by Pepsu Act No. 15 of 1956, section 8.
8niserted by Punjab Act No. 29 of 1969, section 2,
126 TENANCY AND AGRICULTURAL [1955 : Pepsu Act i5
LANDS
(ii) from an area of five standard acres, if the
area under the personal cultivation of the
tenant exceeds five standard acres,
until he is allotted by the State Government alternative
land of equivalent value in standard acres.
(2) No tenant, who immediately preceding the com-
mencement of the President’s Act had held any land conti-
nuously for a period of twelve years or more under the
same landowner or his predecessor in title, shall be ejec-
ted on the grounds specified in sub-section (1)—
e
(a) from any area of land, if the area under the
od
personal cultivation of the tenant does not
exceed fifteen standard acres, or
(b)
aC
from an area of fifteen standard acres, if the
di
area under the personal cultivation of the
tenant exceeds fifteen standard acres :
In
Provided that nothing in this sub-section shall
apply to the tenant of a landowner who, both
at the commencement of the tenancy and the
commencement of the President’s Act, was a
widow, a minor, an unmarried woman, a mem-
ber of the Armed Forces of the Union or a
person incapable of cultivating land by reason
of physical or mental infirmity.
Explanation.—In computing the period of twelve years,
the period during which any land has been held under the
same landowner or his predecessor in title by the father,
brother or son of the tenant shall be included:
i
(3) For the purpose of computing under sub-sections
(1) and (2) the area of land under the personal cultivation
of a tenant, any area of land owned by the tehant and under
his personal cultivation shall be included.]
hey, kn ‘[8. Subject to the provisions of section 7, every
tenants. tenant admitted after the commencement of the Pepsu
Tenancy and Agricultural Lands (Second Amendment)
ISubs. by Pepsu Act No. 15 of 1956, s. 9.
1955 : Pepsu Act 13] TENANCY AND AGRICULTURAL 127
LANDS
Act, 1956, shall hold land for a minimum term of three
years :
Provided that nothing herein shall apply to the tenant
of a person who is a widow, a minor, an unmarried woman,
a member of the Armed Forces of the Union, or a person
incapable of cultivating land by reason of physical
or
mental infirmity.)
'[8-A. (1) Notwithstanding anything to the contrary Cortain sales of
contained in the Punjab Pre-emption Act, 1913, a sale of tenancy land not
land comprising the tenancy of a tenant made to him by the pre-emptible,
landowner shall not be preemptible under the Punjab Pre-
e
emption Act, 1913, and no decree of pre-emption passed
od
after the commencement of this Act in respect of any such
sale of land shall be executed by any Court.
aC
(2) Where, after the commencement of the President’s
di
Act, a tenant, to whom the land comprising his tenancy is
sold by the landowner, has been dispossessed of such land
In
by a pre-emptor in execution of a decree for pre-emption or
otherwise, the tenant so dispossessed shall in the manner
prescribed have the option either to purchase the land from
the pre-emptor on payment of the price paid to the tenant
by the pre-emptor or to be restored to his tenancy under
the pre-emptor on the same terms and conditions on which
it was held by him immediately before the sale, on an
application made by him to an Assistant Collector of the
first grade having jurisdiction within a period of one year
from the commencement of the Pepsu Tenancy and Agri-
cultural Land (Amendment) Ordinance, 1958.
(3) On receipt of an-application “under sub-section
(2) the Assistant Collector shall, after giving to the parties
notice in writing and a reasonable opportunity of being
heard, determine the claim summarily, and shall keep a
memorandum of evidence and a gist of his final order with
brief reasons therefor.
8-B. (I) Where, after the commencement of the Catan mort
Presids ent’s’ Act, land comprising
sed
the tenancy of a tenant isjc Seemed
G2gess
asto tone
he
‘New mections A and 8B inserted by Punjab Act No. § of 1050, So under the
section 3.
)
|
128 TENANCY AND AGRICULTURAL [1955 : Pepsu Act 13
LANDS
mortgaged to him with possession by the landowner and
such land is subsequently redeemed by the landowner, the
tenant shall, notwithstanding such redemption or any other
law for the time being in force, be deemed to be the tenant
of the landowner in respect of such land on the same terms.
and conditions on which it was held by him immediately
before the execution of the mortgage as if the mortgage
had never been executed. $
(2) Where a tenant referred to in sub-section (1) has
been dispossessed by the landowner in execution of a
decree or order of redemption, he shall be entitled to be
restored to his tenancy in the manner prescribed on the
e
same terms and conditions on which it was held by him
od
immediately before the execution of the mortgage on an
application made by him to an Assistant Collector of the
aC
first grade having jurisdiction within a period of one year
from the commencement of the Pepsu Tenancy and Agri
di
cultural Lands (Amendment) Ordinance, 1958.
In
(3) An application received under sub-section (2)
shall be disposed of by the Assistant Collector of the first
of
grade in the manner laid down in sub-section (3)
section 8A.]
Maximum 9. Notwithstanding any agreement, usage, decree or
the
order of a court or any law for the time being in force,
amount of
rent payable,
of the land
maximum rent payable by a tenant in respect
of the
leased to him shall not exceed one-third of produce
1and or the value of such produce, as the case may be.
the
Determina-
tion of rent. 10. (1) Subject to the provisions of section 9,
rent payable by a tenant shall be—
t in
(a) where the rent is fixed by an agreemen
writing, the rent so agreed upon;
i
(b) where there is no such agreement, the rent
payable for the agricultural year immediately
preceding the period in respect of which the
rent falls to be determined; em
(¢) where it is not practicable to ascertain the vent
fer the previous agricultural year referred to
a
1955 : Pepsu Act 13] TENANCY AND AGRICULTURAL 129
LANDS
in clause (b), the rent payable according to the
usage of the locality;
(d) where the case does not fall under any of the
aforesaid clauses, a reasonable rent.
(2) The reasonable rent referred to in clause (d) of
sub-section (1) shall be determined by the prescribed
Qe authority who in determining such rent shall have regard
to the following matters, namely:—
(a) the rental value of any land leased for similar
purposes in the locality;
(b) the income from similar lands in the locality;
e
od
(¢) the prices of foodgrains and other commodi-
ties in the locality;
aC
(d) such other matters as may be prescribed.
di
11. (1) Every landowner shall give or cause to be Receipt fox
given a receipt for the rent received by him or on his
In
’
behalf in such form and manner as may be prescribed.
Ezxplanation.—A receipt shall be deemed to have
been given within the meaning of this sub-
section, if it is handed over to the prescribed
authority within seven days of receipt of rent
by the landowner or by any person on his
behalf.
(2) If any landowner makes default in complying
with the provisions of sub-section (1), the prescribed
authority may, by order in writing, direct him to pay a
penalty not exceeding three times the amount of land
od revenue payable in respect of the land relating to which.
the default is made.
12. Notwithstanding anything in any agreement, Prohibition
usage, or law for the time being in force, it shall not be ey Te
lawful for any landowner— excessive rent.
(a) to recover from a tenant rent in excess of the
amount ‘specified in section 9 or section 10, as
the case may be, or
130 TENANCY AND AGRICULTURAL [1955 : Pepsu Act 13
LANDS
(b) to demand from a tenaht any cess, rate or tax
or service or payment of any description or
denomination whatsoever, in addition to the
rent lawfully recoverable under this Act.
Liabilit
refund amoung 13. If the prescribed authority, after making such
unlawfully re- enquiry as it may deem fit, is satisfied that a landowner
) has recovered any rent, cess, rate or {ax or received any
‘service from any tenant in contravention of the provi-
»
sions of section 12, the prescribed authority may direct
the landowner—
(a) to pay the Government as penalty a sum not
exceeding ten times the excess amount re-
e
covered; and
od
(b) to refund to the tenant the excess amount re-
aC
covered from him; or
di
(¢) where the landowner has received any service
from any tenant to pay to the tenant such sum
In
by way of compensation as the prescribed
authority may think fit,
Bar on eviction 14. - (1) If in any Abadi Deh or Gorah Deh a tenant
house. is in occupation of a dwelling-house built on a site belong-
ing to the landowner, the tenant shall not be ejected from
such dwelling-house or the land immediately appurtenant
thereto and necessary for his enjoyment unless—
(a) the landowner proves that the dwelling-house
was not built at the expense of the tenant; and
(b) such tenant makes default for a period exceed-
ing one year in the payment of rent, if any,
which he has been paying for the use and occu-
pation of such house:
Provided that in the case of a tenant under an allottee,
this sub-section shall have effect ag if for the word ‘and’ in
sub-clause (a) the word ‘or’ were substituted.
(2) The provisions of this section and the next suc-
ceeding section shall not apply to a dwelling-house which is
1955 : Pepsu Act 13] TENANCY AND AGRICULTURAL 131
LANDS
situated on any land used for the purpose of agriculture in
respect of which the tenancy has been terminated under
the provisions of this Act.
Explanation.—In this section and the next succeed-
ing section, the expression ‘landowner’ in rela-
tion to evacuee land means the Custodian of
Evacuec Property within the meaning of the
Administration of Evacuee Property Act, 1950
(XXXT of 1950).
15. (1) A tenant who is in occupation of a dwelling- Option to
e
tenant to
house built at his own expense on a site belonging to the
od
purchase gits
landowner shall have the right to purchase such site from of dwelling-
house.
the landowner at the price agreed upon in writing between
aC
him and the landowner or in the absence of any such agree-
ment at such price as may be determined by the prescribed
di
authority.
In
(2) A tenant who intends to purchase the site of a
dwelling-house in pursuance of the provisions of sub-sec-
tion (1) shall give to the landowner a notice in writing in
the prescribed manner of his intention to do so
(3) Where a landowner has received notice under
sub-section (2), he shall within one month of the receipt
thereof, communicate in writing to the tenant the price at
which he is willing to sell to him the site of the dwelling-
house.
(4) Where a landoner fails to communicate to the
tenant the price in respect of the site of the dwelling-
house under sub-section (3), or where the tenant is not
willing to pay the price demanded by the landowner for
such site, the tenant may make an application in the pres-
eribed form to the prescribed authority within the pres-
eribed period for determination of the market value of the
site. v
M
(5) On receipt of an application under sub-section
(4). the prescribed authority shall, after giving the parties
an opportunity of being heard, determine, by an order in
writing the market value of the site,
132 TENANCY AND AGRICULTURAL [1955 : Pepsu Act 13
LANDS |
(6) An order made under sub-section (5) shall be
served upon the landowner and the tenant and if the tenant
deposits with the prescribed authority the market value of
the site of the dwelling-house as determined under that
sub-section within six months, from the date of the service
of the order upon him, the site shall be deemed to have ®
been transferred to the tenant, and the amount so deposited
shall be paid to the landowner.
(7) The prescribed authority’ shall, on payment of the
prescribed fee, issue to the tenant a certificate containing
e
the prescribed particulars in respect of the site of the
od
dwelling-house deemed to have been transferred to the
tenant under sub-section (6) and notwithstanding any-
aC
thing contained in the Indian Registration Act, 1908 (XVI
of 1908), no such certificate shall require to be registered
di
under that Act.
In
(8) Where a tenant fails to deposit the market value
of the site of the dwelling-house under sub-section (6), he
shall be deemed to have relinquished his right to purchase
such site. |
Right, o 16. (1) A tenant may at any time apply in writing
hopcine im. to the landowner for permission to make improvements at
Drovements his own expense on the land leased to him.
(2) If, within one month of the receipt of such appli-
cation, the landowner fails or refuses, without reasonable
cause, to grant the required permission to the tenant, the
tenant may make an application within the prescribed
period to the prescribed authority for the grant of such Pe
permission. |
(3) Where an apvlication is made to the preseribed
authority under sub-section (2), the prescribed authority
after giving the parties an opportunity of being heard, may
make such order thereon as it may deem fit.
(4) Where a tenant makes any improvements on the
land leased to him, in accordance with an order made by
the prescribed authority under sub-section (3), the tenant
shall be deemed to have made such improvements with the
permission of the landowner.
TENANCY AND AGRICULTURAL [1955 : Pepsu Act 15 133
LANDS
(5) In this section, the expression ‘tenant’ includes a
sub-tenant.
17. (1) A tenant who has made any improvements Compensa © ime
at his own expense on the land leased to him in accordance provements.
with the provisions of section 18, shall, if his tenancy is
terminated under the provisions of this Act, be entitled to
receive compensation for such improvements before he
can be ejected from such land.
(2) The compensation payable to a tenant under sub-
section (1), shall be determined by the prescribed autho-
e
od
rity in accordance with the value of such improvements at
the date of termination of the tenancy and in determining
such compensation the prescribed authority shall have
regard to the following matters, namely:— aC
di
(a) the amount by which the value of land has
increased by reason of the improvements;
In
(b) the condition of the improvements at the date
of the determination of the value thereof and
the probable duration of their effect : =
(¢) the labour and capital involved in the making of
the improvements; and
(d) the reduction or remission of rent, if any, or
other advantage secured by the tenant in con-
sideration of the improvements made by him.
“18 (1) If a tenant dies during the term of his Devolution i
tenancy, the tenancy shall subject to the provisions of sub- gn dedshancy
3 section (2), devolve— tenant,
(a) on his lineal male descendants, in the male line
of descent, if any:
(b) failing such descendants, on his widow, if any:
Provided that such widow shall cease to enjoy the
tenancy right if she remarries or abandons the
land or is ejected therefrom in accordance with
the provisions of this Act;
134 TENANCY AND AGRICULTURAL [1955 : Pepsu Act 15
: LANDS |
(¢) failing such descendants and widow, or in case
there is a widow if and when she ceases to
enjoy the tenancy rights under the proviso to
clause (b), on a khana damad, if any.
1
(2) No person shall be entitled to succeed to tenancy
under sub-section (1), unless he is willing to cultivate per-
sonally the land comprising the tenancy.
Rights and . nn
privileges of 19. Nothing contained in this Chapter shall be con-
tenants Jane strued to limit or prejudice the rights and privileges of any
affected. tenant under any other law for the time being in force or
e
any usage, or arising
od
from any contract, grant, decree ot
order of a court or otherwise howsoever.
aC
CHAPTER IV
di
Acquisition of proprietary rights by tenants
In
Definiti } Co
fonpon 0? 1120. In this Chapter, the expression ‘tenant’ means
a tenant as defined in clause (k) of section 2, who is not
liable to be ejected— |
(a) under clauses (a) and (b) of sub-section (1) of
section 7A; or
( b) under clauses (a) knd (b) of sub-section (2)
of section TA; |
Provided that this definition shall not apply to a
tenant who is to be allotted by the State Gov-
ernment land under the proviso to sub-sec-
tion (1) of section 7A.] ’
21. The provisioins of this Chapter shall apply to
Application
this
of =
Chapter to
oyaryee lands with effect from such date as the State
evacuee lands. (Government may, by notification in the Official Gazette,
specify.
22. (1) Subject to the other provisions contained in this
Act a tenant shall be entitled to acquire from his land-
Acquisition of owner in respect of the land comprising his tenancy the
proprietary
rights by
right, title and interest of the landowner in such land
nants,
1Substituted by Pepsu Act No. 15 of 1956.
|
1955 : Pepsu Act 13] TENANCY AND AGRICULT
URAL 133
LANDS
(hereinafter referred to as the ‘proprie
tary rights’) in the
manner and subject to the conditions
hereinafter provided.
(2) Every tenant intending to acqu
ire proprietary
rights shall make an application in writ
ing to the prescribed
authority in the Prescribed manner, cont
aining the follow-
ing particulars, namely :—
9 (a) the area and location of the land
: in respect of
which the application is made;
(b) the name of the landowner fro
m whom pro-
prietary rights are to be acquired
oe a, ;
e
-(¢) such other particulars as may
he prescribed.
od
(3) The right conferred upon
a tenant to acquire pro-
prietary rights in respect of
may, if such tenant has sublet aC
any land under this section
the land, be exercised by the
di
sub-tenant to the exclusion
of the tenant.
In
23. (1) On receipt of an app
22, the prescribed authority lication under section ip
after satisfying itself that the
applicant is entitled to acq
uire proprietary rights in
for acquisition
land under this Chapter shall any Sights reprietary
determine the compensation
payable in respec t thereof in accordance wit
set out in section 26. h the principles
_
Provided that the prescribed
cient cause being shown,
authority may, on suffi-
extend the period specified
this sub-section, so however in
that the aggregate period
does not exceed one mont
(3) Where the first instalmen
t of compensation has
been deposited in accordanc
e with the provisions of sub-
section (2), the prescribed
authority shall issue to the
EE —
136 TENANCY AND AGRICULTURAL [1955 : Pepsu Act i3
LANDS
applicant a certificate in the prescribed form declaring him
to be the landowner in respect of the land specified in the
certificate.
(4) On and from the date of the issue of a certificate
under sub-section (3), the proprietary rights of the land-
owner in the land specified in the certificate shall be deem-
ed to have been extinguished and such proprietary rights
shall vest in the applicant free from all encumbrances and
as from such date the applicant shall cease to be liable to
pay any rent in respect of such land to the landowner:
Provided that—
e
(a) the amount of compensation payable by the
od
applicant shall be a first charge on such land;
(b) aC
the amount of any encumbrance existing on
such land on the date of the issue of the certifi-
di
cate shall be valid charge on the amount of
In
compensation payable by the applicant under
this Act. |
(5) Every certificate issued under sub-section (3)
shall be conclusive evidence of the acquisition by the
applicant of proprietary rights in the land specified therein
and notwithstanding anything contained in the Indian
Registration Act, 1908 (XVI of 1908), no such certificate
shall be required to be registered under that Act.
Tenant may 24. (1) Any person who is entitled to acquire pro-
abandon his prietary rights in respect of any land under this Chapter
intention to
acquire pro- may at any time after the amount of the first instalment
prietary rights. of compensation is deposited under sub-section (2) of sec-
tion 23 but before a certificate is issued to him under sub-
section (3) of that section make a declaration in writing
in the prescribed manner before the prescribed authority
that he has abandoned his intention to acquire proprietary
rights in such land.
(2) Where any declaration is made under sub-section
(1), the amount of the first instalment of compensation
deposited by the tenant under sub-section (2) of section
23 shall be refunded to him,
1955 : Pepsu Act 13] TENANCY AND AGRICULTURAL 137
LANDS
25. If any person upon whom the right to acquire Trois a
proprietary rights is conferred under this Chapter fails to quire pro-
comply with any order made under sub-section (2) of sec- prietary rights.
tion 23 he shall forfeit his right to acquire such proprietary
rights.
26. (1) Where an rson has acquired proprietary Principles of
rights in Ot of any land under this Chapter he shall for * acquisition
be liable to pay to the landowner from whom such rights of proprietary
have been acquired compensation at the rate of ninety :
times the land revenue (including rates and cesses) pay-
e
able for such land or two hundred rupees per acre, which-
od
ever is less.
aC
(2) The compensation payable under this section shall
be determined by the prescribed authority who shall
di
specify the person or persons to whom the compensation
shall be paid.
In
(3) If there is any dispute as to the person or persons
who are entitled to the payment of compensation, the
prescribed authority shall decide the dispute and if the
prescribed authority finds that more than one person are
entitled to compensation it shall apportion the amount
thereof among such persons.
:
27. (1) The compensation payable under section 26 Compensation ,
may be paid in such annual instalments not exceeding six instalments,
as may be prescribed,
(2) Every instalment of compensation shall be de-
posited in a Government treasury or sub-treasury or paid
to such authority as may be prescribed within fifteen days
of the date of its becoming due and receipt therefor
shall be furnished to the prescribed authority.
(3) Where any instalment of compensation is not
deposited in a Government treasury or sub-treasury or paid
to the prescribed authority within the period of fifteen days
specified in sub-section (2), the prescribed authority shall,
of its own motion or on the application of the landowner
concerned, take steps within one month from the expiry
of the said period of fifteen days for the recovery of such
instalment in the manner provided in section 49,
138 TENANCY AND AGRICULTURAL [1955 : Pepsu Act 13
LANDS
(4) Interest at the rate of two and a half per cent per
annum shall be payable on the amount of any instalment
which is not paid within time from the date when the
instalment became due.
Pay:
Compensation o 28. Subject to the provisions of sub-section (2) of
landowner, section 24, the prescribed authority shall, as soon as may
be, after the amount of any instalment of compensation
has been deposited under section 23 or section 27 pay the
same to the person entitled to it on his executing a receipt
for the same-
contained in
e
1Recovery of Cs ‘129. (1): Notwithstanding anything
) ae
od
and TY rom this Act or in any other law for the time being in force, the
tenants
their = rights
andto amount of land revenue (including surcharge, special
set
Some
nt.
off
against acreage
N .
aC
the charge, additional surcharge or special assessment), or of
rates, or of betterment charges, or of any other tax
;
(including rates and cesses), payable under any law for
di
the time being in force in respect of any land, the pro-
In
prietary rights of which a person under this Chapter is
entitled to acquire, may be recovered from such person.
(2). Where any amount hag been recovered from a
person under sub-section (1), such person shall be entitled
to set off such amount against the rent payable in respect
of such land:
Rights of land 29A. (1) Where a person entitled under this Chapter
tain cases to to acquire proprietary rights in respect of the land com-
OE Dros. brising his tenancy fails to make an application under sub-
tany rights by section (2) of section 22, within a period of one year from
tenants. the cdmmenement of the Pepsu Tenancy and Agricultural
Lands (Second Amendment) Act, 1962, an application
specified therein may be made,
®
containing the particulars
in writing to the prescribed authority in the prescribed
manner by the landowner requiring such person to acquire
proprietary rights in such land in accordance with the
provisions of this Chapter.
(2) The application under sub-section (1) shall be
disposed of in accordance with the provisions of this
1Section 29 omitted by Pepsu Act 15 of 1958 and sections 29 and
29-A inserted by Punjab Act 27 of 1962, section 2.
1955 : Pepsu Act 13] TENANCY AND AGRICULTURAL 139
LANDS
Chapter as if it were an application made by a person
under sub-section (2) of section 22 and the provisions of
section 25 shall apply to the order made under sub-section
(2) of section 23 in respect of such application.]
30. If any tenant or sub-tenant dies before exercising Feary lve
his right to acquire proprietary rights in respect of any on heir.
land under this Chapter such right shall, on his death,
devolve upon his lineal male descendants in the male line
of descent, if any, and shall be exercisable by them in the
like manner and subject to the like conditions as the tenant
or the sub-tenant, as the case may be.
e
od
31. (1) No land in respect of which proprietary Bar of transfer
rights have been acquired under this Chapter shall be OA ps CREEP
aC
transferred by sale, mortgage, gift or otherwise during a
period of six years from the date of a certificate issued
di
under sub-section (3) of section 23.
In
[Provided that nothing in this sub-section shall apply
to the land mortgaged with the State Government or the
Punjab State Co-operative Land Mortgage Bank Limited
established under the Punjab Co-operative Land Mortgage
Banks Act, 1957.] :
(2) Any transfer of land made in contravention of
sub-section (1) shall be void and no registering authority
shall register any document evidencing such transfer under
the Indian Registration Act, 1908 (XVI of 1908).
32. (1) No transfer of land made by a landowner Certain
after the commencement of the President’s Act shall eS i oF
affect the right of any person to acquire proprietary rights tenants under
in such land under this Chapter. this Chapter.
(2) If any question arises whether any transfer of
land does or does not affect the right of any person to
aequire proprietary rights in such land, the question shall
be referred to the prescribed authority for its decision.
1Proviso added by Punjab Act 16 of 1962, section 3.
140 ' TENANCY AND AGRICULTURAL [1955 : Pepsu Act 13
LANDS
‘CHAPTER IV-A
Ceiling on land and acquisition and disposal of
surplus area
Ceiling on land. 32A. (1) Notwithstanding anything to the contrary
in any law, custom, usage or agreement, no person
shall be entitled to own or hold as landowner or
tenant land under his personal cultivation within the
State which exceeds in the aggregate the permissible
limit.
(2) For the purposes of computing the permissible
limit under sub-section (1), the provisions of clauses {d)
and (e) of sub-section (2) of section 3 shall not apply.
b: .
Bons having 32-B. Any person, who on the commencement of the
e
land in excess of Pepsu Tenancy and Agricultural Lands (Second Amend-
od
the ceiling. ment) Act, 1956, owns or holds as landowner or tenant
aC
land under his personal cultivation, which in the aggregate
exceeds the permissible limit, shall within a period of
’[one month from the commencement of the Pepsu
di
Tenancy and Agricultural Lands {(Amendment) Ordinance,
In
1958] furnish to the Collector a return giving the particu-
lars of all his land in the prescribed form and manner and
stating therein his selection of the parcel or parcels of
land not exceeding in the aggregate the permissible limit
which he desires to retain and the lands in respect of which
he claims exemption from the ceiling under the pro-
visions of this Chapter:
*[Provided that such person shall state in the return
any transfer or other disposition of land made by him
after the 21st August, 1956, and where a person has fur-
nished a return before the commencement of the Pepsu
Tenancy and Agricultural Lands (Amendment) Ordinance,
1958, he shall within the aforesaid period intimate to the
Collector any such transfer or other disposition of land made
by him.]
Declarations ‘[32BB. (1) Every landowner or tenant required to
Shporied 0 2 furnish a return under section 32-B, whose land is situated
furnished
cotaed BY Chapter IV-A, inserted by Pepsu Act No. 15 of 1956.
ownens and 2Substituted for the words “six months from the commencement
tenants. of the Pepsu Tenancy and Agricultural Lands (Amendment) Ordinance,
1957, by Punjab Act No. 3 of 1959, section 4. The Punjab Ordinance
No. 7 of 1958 came into force on the 30th July, 1958.
3Added hy Punjab Act No. 3 of 1959, section 4.
‘New section 32-BB inserted by Punjab Act No. 3 of 1959, section 5.
EE
ICULTURAL 141
1955 : Pepsu Act 13] TENANCY ANDLANAGR
DS !
rr
l furnish to the Collec-
in more than one Patwar circle, shal
the commencement
tor within a period of one month from (Amend-
ural Lands
of the Pepsu Tenancy and Agricult d by an
orte
ment) Ordinance, 1958, a declaration supp in
ed or held by him
affidavit in respect of the lands own
cribed.
such form and manner as may be pres
tenant fails to furnish the
® (2) If a landowner or
affidavit as required by sub-
declaration supported by an
not below the rank of
section (1), the prescribed authority of the
whole or part
Collector may, by order, direct that the
ss of ten standard
land of such landowner or tenant, in exce
l be deemed: to
acres, to be specified by such authority shal
e
ner or tena nt, and there-
be the surplus area of such landow
od
upon such area shall be included by the Coll ector as the
the stat ement
surplus area of such landowner or tenant in
to be prepared in respect of him under section
32-D : aC !
di
ws
Provided that nothing herein shall affect—
In
(a) the lands of such landowner or tenant which
have been exempted under section 32-K; or
(b) the right of such person to any compensation in
respect of such surplus area to which he may be
entitled under this Act:
Provided further that no such order shall be made
without giving the person concerned an oppor-
oo tunity of being heard. :
(3) Where a landowner or tenant, who is required to
PY furnish a declaration under sub-section (1), fails so to do,
the Collector may in respect of him obtain the information
required to be shown in the declaration through such agency
as he may deem fit.]
32-C. If any person owning or holding under his per- Collection of
sonal cultivation land in excess of the permissible limit fails through other
to furnish the return and intimate his selection within the ageney:
period prescribed under section 32-B, the Collector may
obtain the information required to be shown in the return
142 TENANCY AND AGRICULTURAL [1955 : Pepsu Act i3
LANDS
through such agency as he may [deem fit and, subject to
the provisions of sub-section (2) of section 32-BB, select]
the parcel or parcels of land which such person is entitled
to retain under the provisions of this Act as also the surplus
area of such person.
Submission, of 32-D. (1) On the basis of the information given in the
Government, return under section 32-B *lor the declaration furnished ®
under sub-section (1) of section 32-BB which shall be duly
verified through such agency as may be prescribed or the
information obtained by the Collector under sub-section (3)
of section 32-BB or] section 32-C, the Collector shall prepare
a draft statement in the manner prescribed showing, among
other particulars, the total area of land owned or held by
e
such a person, the specific parcels of land which the land-
od
owner may retain by way of his permissible limit or
exemption from ceiling and also the surplus
aC
(2) The draft statement shall include the advice of the
area.
di
, Pepsu Land Commission appointed under section 32-P
In
regarding the exemption from ceiling if claimed by the land-
owner and be published in the office of the Collector and a
copy thereof shall be served upon the person or persons
concerned in the form and manner prescribed. Any objec-
tion received within thirty days of the service shall be duly
considered by the Collector and after affording the objector
an opportunity of being heard order shall be passed on the
objection. ;
(3) Any verson aggrieved by an order of the Collector
under sub-section (2) may. within thirty days of the order,
‘prefer an appeal to the State Government or an officer
authorised by the State Government in this behalf.
p)
(4) Without prejudice to an action under sub-section
(3), the State Government mav of its own motion call for
any record relating to the draft statement at anv Hime and,
after affording the nerson concerned an nnportunity of being
heard. pass such order ag it mov deem fit.
1Subs, for the words “deem fit ard sleet? vy Piniah Act 3 of 1959,
section 6.
ZSubstituted for the words “which shail he duly verified
through
such agency as may be prescribed or the information obtained
Collector under” by Punjab Act No. 3 of 1959, section by the
7,
1955 : Pepsu Act 13] TENANCY-$L5D AGRICULTURAL 143
LANDS -
(5) Any order of the. State Government under sub-
section (3) or sub-section (4) or of the Collector subject to
the decision of the State Government under those sub-
sections shall be final.
(6) The draft statement shall then be made final in
terms of the order of the Collector or the State Government
as the case may be, or in terms of the advice of the Pepsu
Land Commission regarding exemptions from the ceiling
claimed by the landowner (if any), and published in the
Official Gazette and no person shall then be entitled to
question it in any court or before any authority.
e
od
{4 The final statement shall then be submitted by the
Collector to the State Government as soon as may be and
a copy thereof may on demand be given to the landowner
or the tenant concerned.
aC
di
'[32-DD. Notwithstanding anything contained in thig Future in ten-
In
ancies -sur-
Act, for the purposes of determining the surplus area of any plus area and
. . certain judg-
persot— * ments ete. to be
ignored.
(a) a tenancy created after the commencement of
the Pepsu Tenancy and Agricultural Lands
(Second Amendment) Act, 1956, in any area of
land which could have been declared ag the
surplus area of such person; and
(b) any judgment, decree or order of a court or
other authority, obtained after the commence-
ment of that Act and having the effect of di-
minishing the area of such person which eould
have been declared as his surplus area;
shall be ignored.
32-E. Notwithstanding anything to the contrary Vesting of sur-
contained in any law, custom or usage for the time being in B}%S area in the
. Lo St .
force, and subject to the provisions of Chapter IV *[after the mens, Govern
New section 32-DD inserted by Punjab Act No. 16 of 1962 with
effect from the 30th October, 1956,—vide section 4.
2Substituted for the words “as from the date” with effect from the
30th October, 1956, by Punjab Act No. 16 of 1962, section 5. .
144 TENANCY AND AGRICULTURAL [1955 : Pepsu Act 13
LANDS
date] on which the final statement in respect of a landowner
or tenant is published in the Official Gazette, then—
(a) in the case of the surplus area of a landowner, or
in the case of the surplus area of a tenant which
is not included within the permissible limit of
the landowner, {such area shall, on the date
on which possession thereof is taken by or on
behalf of the State Government, be deemed fo
have been acquired] by the State Government
for a public purpose and all rights, title and
interest (including the contingent interest, if
any, recognised by any law, custom or usage
e
for the time being in force) of all persons in
od
such land shall be extinguished, and such
rights, title and interest shall vest in the State
aC
Government free from encumbrances created
by any person; and
di
(b) in the case of the surplus area of a tenant which
In
is included within the permissible limits of the
landowner, the right and interest of the tenant
in such area shall stand terminated:
Provided that, for the purposes of clause (a), where
any land falling within the surplus area ig mort-
gaged with possession, only the mortgagee
rights shall vest in the State Government.
De or take 2[32-F, (1) The Collector may, by order in writing,
surplus area. at any time after the date on which the final statement in
respect of a landowner or tenant is published in the Official
Gazette, direct the landowner or the tenant or any other
person in possession of the surplus area to deliver possession
thereof within ten days of the service of the order on him
to such person as may be specified in the order. ‘
(2) If the landowner or the tenant or any other per-
son in possession of the surplus area refuses or fails with-
out reasonable cause to comply with the order made under
sub-section (1), the Collector may take possession of the
Substituted for the words “such area shall be deemed to have been
acquired” with effect from the 30th October, 1956, by Punjab Act No. 16
of 1962, section 5.
2Substituted by Punjab Act 27 of 1962, section 3.
1955 : Pepsu Act 13] TENANCY AND AGRICULTURAL 145
LANDS
force as may
surplus area and may for that purpose use such
be necessary.]
Save in the case of land acquired by the Certain trans
*139FF,
under any law for the time being in affect the sure
State Government
force or by an heir by inheritance or up to 30th July, 1958, plus erea.
by a landless person, or a small landowner, not being a
relation as prescribed of the person making the transfer or
disposition of land, for consideration up to an area whichy
with or without the area owned or held by him does not
in the aggregate exceed the permissible limit, no transfer
or other disposition of land affected after the 21st August,
e
1956, shall affect the right of the State Government under
od
this Act to the surplus area to which it would be entitled,
but for such transfer or disposition :
Provided that any person who has received any ad-
aC
di
vantage under such transfer or disposition of land shall be!
bound to restore it, or to make compensation for it, to the
In
person from whom he received it-]
32-G. (1) Where any land is acquired under section principles for
39-E, there shall be paid compensation which shall be payment _ of
determined by the Collector or any other officer in the compensation.
manner and in accordance with the principles hereinafter
set out, that is to say—
(a) in respect of land other than banjar land—
(i) for the first twenty-five standard acres of land,
twelve times the fair rent; and
New section 32-FF inserted by Punjab Act No. 3 of 1959, section 8.
J *Section 13 of Punjab Act No. 16 of 1962, reads as follows :—
«13. Validation. Notwithstanding anything contained in this Act
or in any other law for the time being in force or in any
judgment, decree or order of any court or other authority,
where the surplus area in respect of the land owned by a
Hindu undivided family referred to in clause (a) of section
32-KK of the principal Act, has been determined under that
Act at any time before the commencement of this Act by any
authority competent to determine such area, whether by
ignoring the partition of any such land under section 32-FF
or otherwise, such determination shall be valid and shall be
deemed always tp have been valid and shall not be questioned
on the ground that the descendants of the landowner consti-
tuting with him the Hindu undivided family were land-
owners in their own right in respect of their shares in such
land or on the ground that the partition had been ignored.”
|
146 TENANCY AND AGRICULTURAL [1955 : Pepsu Act i3
LANDS |
(ii) for the next twenty-five standard acres of
land, nine times the fair rent; and
(ii) for the remaining land, ninety times the
land revenue (including rates and cesses)
payable for such land or two hundred
rupees per acre; whichever is less :
Provided that the compensation under this clause
shall in no case be less than ninety times
the land revenue (including rates and
cesses) payable for the land or two hun-
dred rupees per acre, whichever is less ;
e
od
[Provided further that where the land exceeds
fifty standard acres, it shall, for the pur-
aC
poses of computing compensation under
this clause, be allocated to sub-clauses (i),
di
(#) and (iii) in such manner as may be
In
prescribed. }
(b) in respect of bana land, forty-five times the
land revenue payable in respect of an equal
area of any barani land in the village concerned
or where there is no such land in the village,
in the nearest village, which is assessed to land
revenue at the lowest rate, or at the rate of one
hundred rupees per acre, whichever is less.
Explanation.
—In this sub-section ‘fair rent’ means
fair rent as determined by the Pepsu Land
Commission appointed under section 32-P.
(2) The Collector or the officer authorised by the
State Government shall prepare a compensation state-
ment in the form and manner prescribed and shall give
notice to all persons known to have any interest in the
land for which compensation is to be paid, to appear
personally or by duly authorised agent before him at a
time and place therein mentioned (such time not being
earlier than fifteen days after the date of service of the
notice) and to state the nature of their respective interests
1Added by Punjab Act 27 of 1962, section 4.
EEE
I
1955 : Pepsu Act 13] TENANCY AND AGRICULTURAL 147
LANDS
in the land and the amount and particulars of their claims
to compensation for such interests. Thereafter, the
amount of compensation shall be apportioned among the
persons having interest in the land.
[(2A) Where in the surplus area of any person mort-
gagee rights have vested in the State Government, the
L | compensation payable to the mortgagee shall be the mort-
gage money due to the mortgagee, or the compensation
payable under this Act, whichever is less.]
(3) In apportioning compensation between a land-
owner and a tenant not more than twenty times the land
e
revenue shall be awarded to the tenant.
od
2[(4) Where on the land there is any building,
structure, tubewell ar crop, the owner
addition to the compensation payable in respect of the land,
aC
thereof shall in
di
be entitled to be paid by the State Government compen-
sation therefor which shall be equivalent to three-fourth
In
of the market value of such building, structure, tubewell
or crop, as the case may be, and which shall be deter-
mined,—
(a) in the case of crop, by the Collector; and
(b) in other cases, by the Pepsu Land Commission
or, in respect of the surplus area declared under
sub-section (12) of section 32K by the Board
referred to in sub-section (6) of that section:
Provided that an option in writing may be given by
the Collector to the owner to remove such
building, structure, tubewell or crop within the
& period prescribed, and if such building, strue-
ture, tubewell or crop, as the case may be, is
removed by the owner within the period pres-
cribed or within such further period as the
Collector may extend for the purpose no com-
pensation shall be paid to the owner in respect
thereof :
New sub-section (2A) inserted by Punjab Act 16 of 1962, section 6.
2Substituted by Punjab Act 27 of 1962, section 4.
148 TENANCY AND AGRICULTURAL [1955 : Pepsu Act 13
LANDS
Provided further that the cost incurred in raising
the crop shall be the market value of the crop.l
Pe tion, of 82-H. (1) The compensation payable by the State
Government shall be given in cash or in bonds or partly in
cash and partly in bonds, as may be prescribed.
(2) Compensation in respect of land other than banjor »
land shall, in the first instance, be paid at the rate of ninety
times the land revenue (including rates and cesses) pay-
able for such land or two hundred rupees per acre, which.
ever is less, and the balance, if any, shall be payable after
the fair rent has been determined in accordance with the
e
provisions of this Act.
od
Disposal of sur= 32.J. (1) The surplus area acquired under section
aC
32-E shall be at the disposal of the State Government.
(2) The State Government may, by notification in the
di
Official Gazette, frame a scheme for utilising the surplus
In
area by allotment to tenants willing to cultivate land per-
sonally or to landowners or tenants owning or holding
land not exceeding five standard acres in order to make
their holdings equal to five standard acres, and to landless
agricultural workers or for the development of co-opera-
tive farms or seeds farms or efficient management of land.
(3) Any scheme framed by the State Government
under sub-section (2) may provide for the terms and
conditions on which the lands in the surplug area are to be
allotted, provided the following priorities in the method
of selecting tenants and fixing the area of land to be
allotted shall form part of the scheme, namely—
(a) tenants who are liable to ejectment and en-
titled to allotment of alternative land under
section 7-A *lincluding tenants of landowner
who are members of the Armed Forces of the
Unionl; and
(b) landowners or tenants owning or holding land
not exceeding five standard acres in order to
Inserted by Punjab Act 29 of 1069, section 8.
RE EEE
1955 : Pepsu Act 13] TENANCY AND AGRICULTURAL 149
LANDS
make their holdings equal to five standard acres,
and landless agricultural workers.
(4) The terms and conditions, on which the lands, in
the surplus area are to be allotted, shall include payment of
the prescribed amount for the land in a lump sum or in
annual instalments spread over twenty years:
Explanation.—The said amount shall be prescribed by
the State Government having regard to the condition that
the aggregate amount payable to the State Government by
the persons to whom land is allotted under the scheme
shall not exceed the aggregate amount of compensation
e
payable by the State Government for surplus area which
od
is acquired.
aC
(5) The State Government may, by notification in the
Official Gazette, add to, amend, vary or revoke any scheme
di
made under this section.
In
32K. (1) The provisions of section 3 2-A shall not Exemptions from
ceiling on land.
apply to—
(i) orchards where they constitute reasonably
compact areas;
(ii) specialised farms engaged in cattle breeding,
dairying or wool raising;
(iii) sugarcane farms operated by sugar factories;
(iv) efficiently managed farms which consist of
compact blocks on which heavy investment or
permanent structural improvements have been
made and whose break-up is likely to lead to a
| fall in production;
(v) lands belonging to registered co-operative
societies formed for the purpose of co-operative
farming, provided the land owned by an indi-
vidual member of the society does not exceed
the permissible limit; and
(vi) where a landowner. gives an undertaking in
writing to the Collector that he shall, within a
EEE..
.
150 TENANCY AND AGRICULTURAL [1955 : Pepsu Act 13
LANDS
period of two years from the commen
cement of
the Peps u Tenancy and Agricultural Lands
(Second Amendment) Act, 1956, plant an
orchard in any area of his land not exceeding
ten standard acres, such area of land.
(2) Where a landowner has, by an unde
rtaking given
to the Collector, retained any area of
land with him for
planting an orchard and fails to plant the
orchard within
a peri od of two years referred to in clause
(vi) of sub-
section (1), the land so retained by
him shall on the
expiry of that period vest in the Stafe
Government under
section 32-E and compensation therefor shall
be payable in
accordan ce with the provisions of this Chapter.
e
od
(3) Notwithstanding anything contained
Act, —
in this
(a) aC
the exemption specified in clause
section (1) shall not be allowed
(vi) of sub-
di
unlesss the
orchard planted within the period specified
In
therein is found to be an orchard also at the time
of granting the exemption;
(b) the exemptions specified in clauses (3), ( i),
(#it), (iw) and (v) of sub-section (1) shall
not
be allowed unless the orchards constituting
reasonably compact areas or the specialise
d
farms engaged in cattle breeding, dairying
or
wool raising or the sugarcane farms operated by
sugar factories or the efficiently managed farms
or the lands belonging to registered co-operative
societies, as the case may be, are found to be
so
also at the time of granting the exemptions;
(¢) the exemption specified in cluase (iv) of
sub-
section (1) shall not be allowed unless the
efficiently managed farm satisfies the conditions
hereinafter appearing in the succeeding sub-
sections.
(4) For determining whether a farm should be
exempted under clause (iv) of sub-section (1), the Pepsu
1Added by Punjab Act 27 of 1962, section 5 and Tt chal be deeme
to have come into force on the 30th day of October, d
1956.
1955 : Pepsu Act 13] TENANCY aND
AGRICULTURAL 151
LANDS
Land Commission shall award
to the farm, in respect of
the harvests of Rabi and Kharif
for the year 1956, marks
inthe following manner—
(a) the total number of marks shall be one
thousand and the various features
, including
the features relating to yield
of Crops per
standard acre, for which mark
s are to be
awarded and the maximum marks
to be awarded
for each feature shall be such as may
be pres-
cribed ;
(b) the marks shall be awarded for
e
each feature
od
subject to the maximum marks pres
cribed for
the feature;
(¢) in awarding marks for the feature
yield of crops, the Pepsu
aC
relating to
di
Land Commission
shall apply such standards of yield of crop
s per
In
standard acre as may be prescribed;
(d) the award of marks shall be in relation
to the
yield of each prescribed crop in a part
icular
harvest;
(e) area under crops for which standard
yields are
not prescribed or areas on which prescribed
crops are sown but such areas are less
than five
per centum of the total area of the farm
, shall
be ignored for the purposes of awarding
marks;
(f) for awarding marks to a farm for the feature
relating to yield of crops, the average of the
marks awarded for the yield of each prescrib
ed
crop shall be regarded as the marks awar
ded to
that farm for the feature relating to yield
of
crops;
(g) for awarding marks in respect of each harve
st,
the evaluation of land under each crap
for con-
verting into standard acres shall, notwithstand
-
ing anything to the contrary in section 32NN
,
be made in relation to the class of land in
existence at the time of such harvest;
|
|
|
152 TENANCY AND AGRICULTURAL [1955 : Pepsu Act 13
LANDS
| '
(h) in awarding marks, the Pepsu Land Com-
mission shall give due allowance for any loss
in the yield of crops due to any natural calamity
or circumstances beyond the control of the
landowner;
(i) where any area of the farm has not been
brought under any crop on any ground, other
than the normal rotation of crops or circum-
stances beyond the control of the person con-
cerned, the Pepsu Land Commission may
deduct from the total number of marks award-
e
ed to the farm such number of marks not
od
exceeding one hundred as it may deem fit;
(7) aC
no farm which is awarded less than eighty per
centum of the total number of marks prescribed
di
in respect of all features shall be exempted
under clause (iv) of sub-section (1)
In
(5) Every person, to whom any exemption is granted
under clause (iv) of sub-section (1), shall furnish from.
time to time to such authority and in such form and manner
such periodical information relating to the produce of
different crops, the programme regarding different agri-
cultural operations such as use of improved seeds and
fertilizers, adoption of plant protection measures like
spraying and maintenance of standards of yield of crops
as may be prescribed. | !
<
(6) Every exemption of a farm under clause (iv) of
sub-section (1) shall be liable to be reviewed by a Board
consisting of the Commissioner of the Division concerned
as Chairman and two other persons having special know-
ledge or practical experience of land or agricultural
problems as members , to be appointe d by the State Gov-
ernment by notificat ion, who may be paid such allowances
as may be prescribed.
(7) The first review under sub-section (6) shall be
made by the Board after the expiry of at least three years
from the date on which exemption to a farm is granted
and thereafter periodical reviews shall be made by the
e
Ce
‘1955 : Pepsu Act 13] TENANCY AND AGRICULTURAL - 153
LANDS
Board so that a period of not less than three years shall
intervene between two consecutive reviews.
(8) In reviewing the exemptions of efficiently
managed farms, the Board shall take into account the
periodical information furnished in respect of the farm
under sub-section (5) and shall, as far as may be, be
LJ guided by the same provisions of this Act and the rules
made thereunder as are applicable to the grant of exemp-
tions under this section and marks shall be awarded by the
Board for all the harvests during the period between the
grant of exemptions and the review or the period between
e
two consecutive reviews, as the case may be.
od
(9) If, during the course of any review, the Board
aC
finds that any area of land included in a farm exempted
under clause (iv) of sub-section (1) is inherited by an
di
heir of the landowner and such area of land, with the lands,
if any, already owned by him, does not exceed in the
In
aggregate the permissible limit, the Board shall advise
the State Government that such area of land should be
excluded from the farm exempted under clause (iv) of
sub-section (1); and where such advice is to be tendered
by the Board, the Board shall if such heir so desires, ex-
clude such area of land for the purpose of reviewing the
exemption relating to the farm from the date of inheri-
tance.
(10) The Board shall after each review advise the
State Government whether the exemption of any farm
should continue or should be withdrawn or whether any
area of land included in the farm should be excluded there-
from under sub-section (9).
(11) The advice tendered by the Board under sub-
section (10) shall be binding on the State Government.
(12) Where an exemption in respect of any farm is
withdrawn by the State Government on the advice of the
Board,—
(a) if a landowner is alive, the whole of the area of
such farm; and
154 TENANCY AND AGRICULTURAL [1955 : Pep
su Act 13
LANDS |
(b) if the landowner is dead, the who
le of the area
of such farm, except to the extent of the
which is inherited by the heirs land
of the land-
owner and which, with the lands, if
any already
owned by such heirs, does not exc
eed in the
aggregate the permissible limit; shal
l be dec-
lared to be the surplus area:
Provided that such declaration shal] not be made
without giving an opportunity of being heard
.
to the landowner or the heirs, as the cage
may
be.
e
(13) In declaring the surplus area under
this section,
od
the provision of this Act shall, as far as may be,
apply.
(14) Any rules made under section
effect to the provisions of this section may aC
52 for giving
be made re-
di
trospectively from the 30th October, 1956.1
In
Land owned by . '[32.KK. Notwithstanding anything contained in this
Fund Wavided Act or in any other law for the time being
deemed land of
in force,—
: :
one lantiowner. (a) where, immediately before the commencement
of this Act, a landowner and his descendants
constitute a Hindu undivided family, the land
owned by such family shall, for the purposes of
this Act, be deemed to be the land of that land-
owner and no descendant shall, as member of
such family, be entitled to claim that in respect
INew section 32-KK inserted by Punjab Act
arid shall be deemed to have come into No. 16 of 1962, Section 7
October, 19586. force with effect from 30th
,
Section 13 of Punjab Act No. 16 of 1962,
reads as follows:—
13, “Validation.—Notwithstanding anything
contained in this Act
or in any other law for the time being in force or in any
judgment, decree or order of any court or other authority,
where the surplus area in respect of the land
undivided family
owned by a Hindu
referred to in clause (a) of section 32-KK
the principal of
Act, has been determined under that Act
time before the commencement of this Act at any
competent to determine such area, whether by any authority
partition
by ignoring the
of any such land under section 32-FF
or otherwise,
such determination shall be valid and shall be
deemed always
to have been valid and shall not be questioned
on the ground
that the descendants of the landowner consti
tuting with him
the Hindu undivi
ded family were landowners in
right in respect of their shares in ‘such land their own
or on ground that
the partition had been ignored.”
1955 : Pepsu Act 13] TENANCY AND AGRICULTURAL 155
LANDS
of his share of such land he is a landowner in
his own right; and
(b) a partition of land owned by a Hindu undivided
family referred to in clause (a) shall be deem-
ed to be a disposition of land for the purposes
of section 32-FF.
Ezxplanation.—In this section, the expression “des-
cendant” includes an adopted sonl-
wr
32-L. (1) Notwithstanding anything to the con- Ceiling on
trary in any law, custom, usage, contract or agreement, future acquisi-
e
from and after the commencement of the Pepsu Tenancy tion of land.
od
and Agricultural Lands (Second Amendment) Act, 1956,
no person whether as landowner or tenant shall acquire or
possess by transfer, exchange, lease, agreement or settle-
ment any land which, with or without the land already
aC
di
owned or held by him, shall in the aggregate, exceed the
In
permissible limit.
(2) Any transfer, exchange, lease, agreement or
settlement made in contravention of the provisions of sub-
section ({) shall be null and void.
32M. (1) If, after the commencement of the Pepsu § on
acquisi-
Tenancy and Agricultural Lands (Second Amendment) tion by inheti=
Act, 1956, any person whether as landowner or tenant, tance
acquires by inheritance or by bequest or gift from a per-
son to whom he is an heir any land ‘[or if after such com-
mencement and subject to the provisions of section 32-FF
any person acquires in any other manner, except as speci-
fied in section 32-L, any land] which with or without the
lands already owned or held by him, exceeds in the aggre-
gate the permissible limit, then he shall within the period
prescribed furnish to the Collector a return in the manner
specified in section 32-B giving the particulars of all lands
and selecting the land he desires to retain *fand if the land
of such person is situated in more than one Patwar circle,
he shall also furnish a declaration required by sub-section
(1) of section 32-BBI..
Inserted by Punjab Act No. 16 of 1962, section 8.
2Added by Punjab Act No. 3 of 1959, section 9(1).
156 TENANCY AND — [1955 : Pepsu Act 13
LANDS |
(I-A) If such person fails to furnish the declaration,
the provisions of sub-section (2) and (3) of section 32-BB
shall apply.]
(2) If he fails to furnish the return and select his land
within the prescribed period, then the Collector may obtain
the information and select the land for him in the manner
specified in section 32-C.
(3) The Collector shall then submit a statement to the
State Government in the manner specified in section 32-D
and issue a notification in the Official Gazette as required
by that section.
(4) The excess land shall then vest in the State Gov-
e
od
ernment in accordance with the provisions of section 32-E
and compensation therefor, shall be payable in accordance
with the provisions of this Chapter.
Power sho. Sepa °[32-MM. (1) Where the landowner
aC owns land
di
landowners in jointly with other landowners and his share of such land or
joint lands. part thereof, as ascertained from the record of rights, has
In
been or is to be declared as surplus area, the officer com-
petent to declare such area or where such area has been
declared, the officer competent to utilise it, may on his
own motion, after summary enquiry and affording to the
persons interested in such land an opportunity of being
heard, separate his share of such land or part thereof in
the land owned by him jointly with other landowners.
(2) Where, after the declaration of the surplus area
of any person and before the utilisation thereof, his land
- has been subjected to the process of consolidation, the
~ officers referred to in sub-section (1) shall be competent
to separate the surplus area of such person out of the area
of land obtained by him after consolidation.]
Definition of 32-N. In this Chapter—
Buble Rd Sooty (1) ‘Public purpose’ includes—
and ‘land’. (i) a purpose connected with the allotment of
land to—
(a) tenants who are liable to ejectment and
entitled to allotment of alternative land
under section 7-A; or
Inserted by Punjab Act No. 3 of 1059, section 9(2).
2New section 32-MM inserted by Punjab Act No. 16 of 1962,
Section 9.
1955 : Pepsu Act 13] TENANCY AND AGRICULTURAL 137
LANDS
(b) landowners or tenants owning or holding
land not exceeding five standard acres in
order to make their holdings equal to five
standard acres, and landless agricultural
workers;
(it) development of co-operative farms or seed
farms; and
1
(iit) efficient management of land;
'[(1-A) “small landowner” means a landowner
whose entire land in the State does not exceed
e
the permissible limit;],
od
(2) ‘surplus area’ means the area in excess of the
permissible limit *[and includes the area which
is deemed to be surplus area
aC
under sub-section
di
(2) of section 32-BB]; and
In
(3) ‘land’ includes banjar land save as otherwise
provided.
*[32-NN. For the removal of doubts it is hereby dec- Removal of
certain doubts,
lared that for evaluating the land of any person at any time
under this Act, the land owned by him immediately before
the commencement of the Pepsu Tenancy and Agricultural
Lands (Second Amendment) Act, 1956, or the land acquired
by him after such commencement by inheritance or by
bequest, or gift from a person to whom he is an heir, shall
always be evaluated for converting into standard acres as if
the evaluation was being made on the date of such com-
mencement, and that the land acquired by him after such
commencement in any other manner shall always be
evaluated for converting into standard acres as if the evalu-
ation was being made on the date of such acquisition.]
inserted by Punjab Act No. 3 of 1959, section 10(1).
Inserted by Punjab Act No. 3 of 1959, section 10(2).
SNew section 32-NN inserted by Punjab Act No 16 of 1962, section
10, and shall be deemed to have come into force with effect from" 30th
October, 1956.
158 TENANCY AND AGRICULTURAL [1955 : Pepsu Act 13
LANDS
‘CHAPTER IV-B
Constitution of Land Commission
Constitution of
Land angramis- 32-P. (1) The State Government shall establish a
tions thereof. - Commission to be called the Pepsu Land Commission con-
sisting of— ®
(¢) a Chairman being a person who is or has been
a Judge of the High Court;
(b) two members to be nominated by the State Gov-
ernment having special knowledge or practi-
e
cal experience of land or agricultural problems,
od
(2) The Chairman and members of the Commission
aC
shall hold office for a term of three years.
(3) The Chairman and members shall be entitled to
di
receive such remuneration for the performance of their
In
duties under this section as may be prescribed.
(4) Subject to the provisions of this Act and in accor-
dance with any rules which may be made 'by the State
Government in this behalf, it shall = be the duty of the
Commission to—
(a) determine fair rents for the purposes of section
32-G;
I
(b) determine the market value of any building
[structure or tube-welll under sub-section
(4) of section 32-G :
(c) advise the State Government with regard to
exemption of lands from the ceiling in accord-
ance with the provisions of section 32-K.
(5) The advice given by the Pepsu Land Commission
under clause (¢) of sub-section (4) shall be binding on the
State Government and notwithstanding anything in sectio
n
Chapter IV-B inserted by Pepsu Act No. 15 of
1956.
2Substituted for the words “structure, tube-well or erop”
Act 27 of 1962, section 6. by Punjab
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1955 : Pepsu Act 13] TENANCY AND AGRICULTURAL 159
LANDS
32-D, no final statement shall, in a case in which exemp-
tion is claimed under section 32-K, be published unless
such advice is included therein. ’
(6) In determining the fair rents, the Pepsu Land
Commission shall, in accordance with such principles, as
may be prescribed, classify soils where necessary.
(7) The fair rent shall not exceed the value of one-
fifth of the gross produce of land determined in accordance
with such principles as may be prescribed.
(8) If there is a difference of opinion among the
e
od
members of the Commission on any matter, the opinion of
the majority shall prevail, and the decision or advice of the
Commission shall be expressed in terms of the views of
the majority. aC
di
(9) For the purposes of performing its duties, the
In
Pepsu Land Commission shall be empowered to make such
enquiries as may be necessary and in doing so shall have
the powers of a civil court specified in section 41.
rea
CHAPTER V
© iggy
CHAPTER VI
Miscellaneous
and
39. (1) Any person aggrieved by any decision or Appeals
.
order of “(the prescribed authority or the Assistant Collec- revision
“tor of the First Grade] may, within thirty days from the
date of the decision or. order excluding the time spent in
obtaining the copies of such decision or order, prefer an
appeal to the Collector in such form and manner as may
be prescribed:
Provided that the Collector may entertain the appeal
if he is
after the expiry of the said period of thirty days
appellant was prevented by sufficient I vs
satisfied that the
La
cause from filing the appeal in time.
36, 37 and 38 omitted by
1Chapter V containing sections 33, 24, 35, .
Pepsu Act No. 15 of 1956.
words “the prescr ibed authority” by Punjab
aSubstituted for the
Act No. 16 of 1962, section 11.
IEEE.
160 TENANCY AND ncaa [1955 : Pepsu Act 13
LANDS |
(2) Any person aggrieved by any decision
of '[the Collector (whether acting as pres or order
cribed autho-
rity or not)] not being a decision or order
made in an
appe al under sub-section (1), may, within thir
from the date of the decision or order excl ty days
uding the
time spent in obtaining the copies of such
decision or
order, prefer an appeal to the Commissio
ner in such
form and manner as may be prescribed
:
Provided that the Commissioner may entertain
the appeal after the expiry of the said period of
thirty
days if he is satisfied that the appellant was preve
nted
by sufficient cause from filing the appeal in time.
e
od
(3) With respect to all matters dealt with under
this Act the Financial Commissioner shall have
aC
same power to call for, examine and revise the
the
pro-
ceedings of the prescribed authority or *[the Assistant
di
Collector of the First Grade or the Collector] or the
Commissioner
In
as is provided in section 84 of the
Punjab Tenancy Act, 1887 (Punjab Act XVI of 1887).
Correction of 40. Clerical and arithmetical mistakes in any
clerical errors. order passed by any officer or authority under this
Act or error arising therein from any accidental slip
or omission may at any time be corrected by such
officer or autohrity either of his own motion or on an
application received in this behalf from any of the
parties. |
Officers holding 41. Any officer or authority holding an enquiry
powers of * ew OF hearing an appeal or a revision under this Act shall
courts, have the powers of a civil court under the Code
of
Civil Procedure, 1908 (Act V of 1908), relating to—
(a) proof of facts by bdavits:
(b) enforcing attendance of any ; person and
his examination on oath;
ISubstituted for the words “the Collector” by Punjab
1962, section 11. Act No. 18 of
ZSubstituted for the words -
“the Collector” by Punjab Act No, 16
of 1962, section 11.
1955 : Pepsu Act 13] t2NANCY AND AGRICULTURAL 161
LANDS
(¢) production of documents;
(d) issue of commission;
and every such officer or authority shall be deemed to
be a civil court within the meaning of sections 480 and
482 of the Code of Criminal Procedure, 1898 (Act V of
1898).
42. If, during the course of any proceedings under penalty for
this Act, any person makes a declaration or a state- making= false
ment or furnishes any information which is false or
which he knows or has reason to believe to be false or
e
which he does not believe to be true, he shall be
od
punishable with imprisonment which may extend to
six months, or with fine which may extend to one
thousand rupees, or with both. aC
di
43. (1) Any person who is in wrongful ‘or un- Summaty evic-
3 : on and fine.
authorised possession of any land—
In
(a) the transfer of which either by the act of
parties or by the operation of law is invalid
under the provision of this Act; or
{b) to the use and occupation of which he is not
entitled under the provisions of this Act;
may, after summary enquiry, be ejected by the
Collector, who may also impose on such
person a penalty not exceeding five hund-
red rupees.
(2) The Collector may direct that the whole or
any part of the penalty imposed under sub-section
(I) shall be paid to the person who has sustained any
loss or damage by the wrongful or unauthorised pos-
session of the land.
44. Every officer acting under or in pursuance certain officers
of the provisions of this Act or anv rules made there- to be public ser-
under shall be deemed to be a public servant within Va
the meaning of section 21 of the Indian Penal Code
(Act XLV of 1860).
162 TENANCY AND AGRICULTURAL [1955 : Pepsu Act i3
LANDS |
Procedure 45. In all enquiries and proceedings under this
Act, the Collector and any other officer shall have
such powers and follow such procedure as may be
prescribed.
Court-fees. 46. Notwithstanding anything contained in the
Court-fees Act, 1870 (VII of 1870), every application,
appeal or other proceeding under this Act shall bear
a court-fee stamp of such value as may be prescribed.
Bar of jurisdic 47. (1) No civil court shall have jurisdiction to
tion.
settle, decide or deal with heli matter which is under
this Act required to be settled, decided or dealt with by
e
the Financial Commissioner, the Collector or the pres-
od
cribed authority.
aC
(2) No order of the Findncal Commissioner, the
Commissioner, the Collector br the prescribed autho-
di
rity made under or in pursuance of this Act shall be
In
called in question in any court.
Protection of 48. (1) No suit, prosecution or other legal pro-
action taken
under this Act. ceeding shall lie against any person in respect of
anything which is in good faith done or intended to be
done under or in pursuance of this Act or any rules
made thereunder.
(2) No suit or other legal proceeding shall lie
against the State Government for any damage caused
or likely to be caused or any!injury suffered or likely
to be suffered by virtue of any provisions contained in
this Act or any rules made thereunder.
Mede of 49. The amount of any compensation or other
recovery of
sum payable under this Act and the amount of any
compensation
and penalty. penalty imposed under this Act may be recovered as
an arrear of land revenue. |
Delegation. 50. The State Govciiunent may, by notification
in the Official Gazette, direc [that the powers exercis-
able by it under this Act shall, in such circumstances
and under such conditions, if any, as may be specified
1955 : Pepsu Aet 13] TENANCY AND AGRICULTURAL 163
LANDS
in the notification, be exercisable also by an officer
subordinate to the State Government.
51. *[(1) The provision of this Act shall not
apply to—
(a) lands owned by or vested in the State Extmption of
Government otherwise than under the pro-
visions of this Act;
i
(b) lands vested in the Central Government
which have not been transferred to an
allottee either on permanent or quasi-
e
permanent basis;
od
(¢) lands belonging to any religious or charit-
able institution but not to a Mahant,
Mohtamim or manager thereof;
aC
di
(d) lands granted to any member of the Armed
In
Forces of the Union for gallantry;
(e) private lands leased by the Government;
(f) lands belonging to or vested in a Panchayat
or a local authority;
(g) nazool lands transferred by the State
Government to co- “overative societies form-
ed by persons belonging to Scheduled
Castes;
(h) lands to which the Pepsu Bhoodan Yagna
Act, 1955 (25 of 1955), applies.
Explanation—For the purposes of clause (e),
‘religious or charitable institution’ means—
(i) a temple;
(#1) a gurdwara;
“iSubstitutedby Pepsu Act 15 of 1956.
2Section 51 re-numbered as sub-section (13 of that section by
Punjab Acy 16 of 1962, Section 2. .
164 TENANCY AND AGRICULTURAL [1955 : Pepsu Act i3
LANDS
(iii) any other religious place of a public
nature; ces
(iv) a wakf as defined in clause (I) of section
3 of the Muslim Wakfs Act, 1954
(Parliament Act 29 of 1954); or
{vj any other institution of a public nature
the object of which is relief to the poor,
education, medical relief or the ad-
vancement of any other object of gene-
ral public utility including religious
teaching or worship;
e
od
which the State Government may, by notification in
the Official Gazette, specify].
: | aC
*[(2) The provisions of section 7, section 7-A and
Chapter IV shall not apply to lands leased out by the
di
Punjab State Co-operative Land Mortgage Bank
In
Limited established under the Punjab Co-operative
Land Mortgage Banks Act, 1957.]
Exemption of
lands granted for
°[51-A. Notwithstanding anything contained in
gallantry before this Act, where any land is granted for gallantry at
26th January, any time before the 26th day of January, 1950, to any
1950.
member of the armed forces; whether maintained by
the Central Government or by any Indian State, then,
so long as such land or anv portion thereof, as the case |
may be, has not passed from the original grantee into
more than three successive hands by inheritance or
“bequest, and is held by the grantee or any of such
hands, such land or portion, as the case may be, shall
not be taken into account in computing the surplus
area under this Act, nor shall anv tenant of such land
or portion have the right to purchase it under section
22 ;
’
Provided that where such land or portion has
passed into more than three such hands and the per-
son holding such land or portion, immediately before
1Added by Punjsh Act No. 18 of 1962, section 12. )
Inserted and shall be deemed always to have been inserted by
Punjab Act 11 of 1968, Section 2. :
1955 : Pepsu Act 13] TENANCY AND AGRICULTURAL 165
LANDS
the 3rd of August, 1967, is a person to whom it has
passed by inheritance or bequest, the exemp tion under
this section shall apply to such land or portion thereof,
as the case may be, during the life-time of such
person. ]
Power io make
52. (1) The State Government may by notifica- ;52e”
tion 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 forego ing power, such rules may
provide for—
e
od
(a) the appointment and powers of prescribed
_ authorities and the areas within which they
may exercise their jurisdiction; aC
di
(b) the form in which and the period within
In
which any application may be made under
this Act;
(¢) the form and manner of holding enquiries
under this Act;
(d) the form and manner in which a receipt for
payment of rent may be given;
(e) the form of any stateinent to be furnished
under this Act and the particulars to be
included therein;
(f) the manner in which land for personal cul-
tivation may be reserved under this Act;
(9) the instalments in which any compensation
may be paid under this Act;
(h) the manner of service of any order or notice
under this Act;
(i) the form in which any certificate may he
issued under this Act;
166 TENANCY AND AGRICULTURAL [1955 : Pepsu Act jis
LANDS
(7) the powers of the Collector and othe
r autho-
rities and the procedure to be foll
owed by
them in the conduct of enquiries;
(k) the fees to be paid in respect of any appli
-
cation or other proceedings under this Act;
(1) any other matter which is to be or may be 8
prescribed under this Act.
Repeal and 33. (I) The Patiala and East Punj
Union Tenancy ab States
and Agricultural Lands Act, 1953
(President’s Act 8 of 1953), and the
cul- PEPSU Agri
tural Tenants (Temporary |Protection and
e
Disability)
Act, 1954 (22 of 1954), are hereby repealed:
od
Provided that, notwithstanding the repeal of
President’s Act 8 of 1953, anything done oraC
any action
the
taken in the exercise of any power conferred by
di
or
under the said Act shall be deemed to have been
done
In
or taken in exercise of powers conferred by or unde
r
this Act, as if this Act was in force on the day on
which such thing was done or action was taken.
(2) Any proceeding relating to the ejectment of a
tenant on the ground of personal cultivation or the
acquisition by a tenant of proprietary rights in the
land comprising his tenancy, postponed by the PEPSU
Agricultural Tenants (Tdmvorary Protection and
Disability) Act. 1954 (22 of 1954), shall [in so far as
it is not inconsistent with the provisions of this Act as
amended by the Pepsu nancy and Agricultural
Lands (Second Amendment) Act, 1956, be disposed of
in accordance with such provisions.].
1Substituted by Pepsu Act 15 of 1956.
Section 28 of the Punjab Land Reforms Act, 1972 (No. 10 of 1978)
r as follows:—
“28, (1) The Punjab Security be Land Tenures Act, 1953 and the
Pepsu Tenancy and Agricultural Lands Act, 1955, in so far
8s these are inconsistent with the provisions of this Act, are
hereby repealed,
1955 : Pepsu Act 13] TENANCY AND AGRICULTURAL 167
LANDS
(2) The repeal of the enactments mentioned in sub-section (1),
hereinafter referred to as the said enactments, shall not
effect—
(i) the proceedings “or the determination of the surplus area
pending immediately before the commencement of this
Act, under either of the said enactments, which shall be
continued and disposed of as if this Act had noy been
passed, and the surplus area so determined shall vest
in, and be utilised by, the State Government in aceord-
ance with the provisions of this Act :
Provided that such proceedings shall, as far as
may be, be
continued and disposed of, from the stage these
were
immediately before the commencement of
this Act, in
accordance with the procedure specified by
or under
this Act :
e
Provided further that nothink in this section shall affect
od
deterraination
the
and utilisation of the surplus area, other
than the surplus area referred to above, in accordance
with the provisions of this Act
(il) the previous operation of the said enactments
;
aC or anything
di
duly done or suffered thereunder ;
(ii)
In
any right, privilege, obligation or liability acquire
d, ac-
crued or incurred under the said enactments, in so
far as
such right, privilege, obligation or liability is not in-
consistent with the provisions of this Act and any
pro-
ceeding or remedy in respect of such right, privilege,
obligation or liability may be instituted, continu
ed or
enforced as if this Act had not been passed : .
Provided that such proceeding or remedy shall, as
far as may
be, be instituted, continued or enforced in accordance
with the procedure specified by or under this Act”
India Code, Government of India. Text fetched 10 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.