(1) The provisions of section 3 2-A shall not Exemptions from — Pepsu Act 13 TENANCY AND AGRICULTURAL 113

32K. (1) The provisions of section 3 2-A shall not Exemptions from ceiling on land. apply to— Exemptions from ceiling on land. (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 individual 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... period of two years from the commencement of the Pepsu Tenancy and Agricultural two years the Pepsu Tenancy (Second Ame ommencement of and Agricultural Lands ) Act, 1956, plant psu Tenancy and Agricultural Lands (Second Amendment) Act, 1956, plant an orchard in any area of his land not e Amendment) Act, 1956, plant an orchard in any area of his land not exceeding ten standard acres, such area of land. rd in any area of his land not ten standard acres, such area of land. . (2) Where a landowner has, by an undertaking given e Collector, retained any area of land with re a landowner has, by an undertaking given to the Collector, retained any area of land with him for planting an orchard and fails to plant the orchard with the Collector, retained any area of land with him for planting an orchard and fails to plant the orchard within a period of two years referred to in clause (vi) n orchard and fails to plant the orchard within a period of two years referred to in clause (vi) of sub- section (1), the land so retained by him shal 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 Govern , 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 y of that period vest in the Stafe Government under section 32-E and compensation therefor shall be payable in accordance with the provisions of this Chapter. d compensation therefor shall be accordance with the provisions of this Chapter. Notwithstanding anything (a) the exemption specified in clause (vi) of sub- section (1) shall not be allowed un specified in clause (vi) of sub- section (1) shall not be allowed unlesss the orchard planted within the period specif ection (1) shall not be allowed unlesss the orchard planted within the period specified therein is found to be an orchard also at the ti rd planted within the period specified therein is found to be an orchard also at the time of granting the exemption; s found to be an orc of granting the exemption; (b) the exemptions specified in clauses (3), ( i), (#it), (iw) and (v) of sub-section ions specified in clauses (3), ( i), (#it), (iw) and (v) of sub-section (1) shall not be allowed unless the orchards co nd (v) of sub-section (1) shall not be allowed unless the orchards constituting reasonably compact areas or the unless the orchards constituting reasonably compact areas or the specialised farms engaged in cattle breeding, compact areas or the specialised farms engaged in cattle breeding, dairying or wool raising or the sugarcane farms operate s engaged in cattle breeding, dairying or wool raising or the sugarcane farms operated by sugar factories or the efficiently ma he sugarcane farms operated by sugar factories or the efficiently managed farms or the lands belonging to registered s or the efficiently managed farms or the lands belonging to registered co-operative societies, as the case may be, are belonging to registered co-operative societies, as the case may be, are found to be so also at the time of granting the exemptions; s, as the case may be, are found to be also at the time of granting the exemptions; (¢) the exemption specified in cluase (iv) of sub- section (1) shall not be allowed u on specifi section (1) shall not efficiently managed be allowed satisfie unless the conditi ion (1) shall not be allowed unless the efficiently managed farm satisfies the conditions hereinafter appearing in the succee anaged farm satisf hereinafter appearing in the sections. tions succeeding subsections. For determining whether to have 1Ad ave 1Added come b ed come by the Pepsu e by Punjab Act 27 of 1962, section 5 and Tt chal be deemed into force on the 30th day of October, 1956. Punjab Act 27 of 1962, section 5 and Tt cha into force on the 30th day of October, 1956. Land Commission shall award to the farm, in respect of the harvests of Rabi and Kharif for the year 1956, mmission shall award to the farm, in respect of the harvests of Rabi and Kharif for the year 1956, marks in the following manner— harvests of Rabi and K in the following manner— (a) the total number and an of marks io shall be s one al number of marks sha thousand and the various features, the features relating to e including C d and the various the features relating to standard acre, yield of Crops per ar ures relating to yield of Crops per standard acre, for which marks are to be awarded and the maximum marks to be acre, for which marks are to be awarded and the maximum marks to be awarded for each feature shall be such as may d the maximum marks to be awarded for each feature shall be such as may be pres- cribed ; or each cribed ; (b) the marks shall be awarded for each feature subject to the maximum marks prescri shall be awarded for each feature subject to the maximum marks prescribed for the feature; the feature; (¢) in awarding marks for the feature relating to yield of crops, the Pepsu Land Co g marks for the yield of crops, the Pepsu shall apply such standar lating to Land Commission yield of crops per of crops, the Pepsu Land Commission shall apply such standards of yield of crops per standard acre as may be prescribed; ly such standards of yield of 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 rd of marks shall be in relation to the yield of each prescribed crop in a particular harvest; harvest; (e) area under crops for which standard yields are not prescribed or areas on which prescrib under crops for which standard yields are not prescribed or areas on which prescribed crops are sown but such areas are less t ibed or areas on which prescribed crops are sown but such areas are less than five per centum of the total area of the f 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 tum 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 ding marks to a farm for the feature relating to yield of crops, the average of the marks awarded for the yield of each prescribe elating to yield of crops, the average of the marks awarded for the yield of each prescribed crop shall be regarded as the marks awa warded for the yield of each prescribed crop shall be regarded as the marks awarded to that farm for the feature relating to be regarded as the marks awarded to that farm for the feature relating to yield of crops; f crops; (g) for awarding marks in respect of each harvest, the evaluation of land under each cra ing marks in respect of each harvest, the evaluation of land under each crap for con- verting into standard acres shall, notwit ion of land under each crap for con- verting into standard acres shall, notwithstand- ing anything to the contrary in section 32NN verting into standard acres shall, notwithstand- ing anything to the contrary in section 32NN, be made in relation to the class of to the c be made in relation existence ection 32NN, to the class of land in such harves relation to the class of existence at the time of such harvest; | | | | | | | TENANCY AND AGRICULTURAL [1955 : Pepsu Act 13 LANDS | su ' (h) in awarding shall | marks, the Pepsu allowance Land Com- loss in awarding marks, the Pepsu Land mission shall give due allowance for any loss natural calamity mission shall in the yield of crops due to any natural calamity or circumstances beyond the control of the in or e yield of circumstances beyond the control of the landowner; (i) where any area of the farm has not been where any brought under any crop on any ground, other n of crops or circumbrought unde than the normal rotation of crops of the or circumthan the normal r stances beyond the control of the person con- mission may cerned, the Pepsu Land Commission may cerned, the P deduct from the total number of marks award- mber of marks not ed to the farm such number of marks not ed to the farm such number exceeding one hundred as it may deem fit; no farm which is awarded less than eighty per Every person, to whom any exemption is granted ! < Every exemption of a farm under clause (iv) of The first review under sub-section (6) shall be Cee Board so that a period of not less than three years shall intervene between two consecutive reviews. 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 guided by the same provisions of this Act and the rules made thereunder as are applicable to the grant of exempguided by the same provisions of this Act and the rules made thereunder as are applicable to the grant of exemptions 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 two consecutive reviews, as the case may be. If, during the course of any review, the Board finds that any area of land included in a farm exempted under clause (iv) of sub-section (1) is inherited by an heir of the landowner and such area of land, with the lands, if any, already owned by him, does not exceed in the 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- The Board shall after each review advise the The advice tendered by the Board Where an exemption in respect of any farm is (a) if a landowner is alive, the whole of the area of such farm; and LJ (b) if the landowner is dead, the whole of the area of such farm, except to the extent of t owner is dead, the whole of the area of such farm, except to the extent of the land which is inherited by the heirs of the farm, except to the extent of the land which is inherited by the heirs of the land- owner and which, with the lands, if any inherited by the heirs of the land- owner and which, with the lands, if any already owned by such heirs, does not exceed i nd which, with the lands, if any already owned by such heirs, does not exceed in the aggregate the permissible limit; shall y such heirs, does not exceed in the aggregate the permissible limit; shall be dec- lared to be the surplus area: the permissible l lared to be the surplus area: Provided that such declaration shal] without giving an opportunity not be made being heard that such declaration shal] not be made without giving an opportunity of being heard . to the landowner or the heirs, as the giving an opportunity of being heard to the landowner or the heirs, as the cage may be. be. In declaring the surplus area under this section, Any rules made under section . '[32.KK. or in any Notwithstanding anything contained in this ther law for the time being in force,— Land owned by . '[32.KK. Notwithstanding anything contained in Fund Wavided Act or in any other law for the time being in force,— deemed land of : Land owned by Fund Wavided deemed land of one lantiow nd of lantiowner. eemed land of : : one lantiowner. (a) where, immediately before the commencement : : (a) where, immediately before the commencement of this Act, a landowner a ore the of this Act, a landowner and constitute a Hindu un his descendants amily, t s Act, a landowner and his descendants constitute a Hindu undivided family, the land owned by such family shall, for the purposes ute a Hindu undivided family, the land owned by such family shall, for the purposes of this Act, be deemed to be the ily shall, for the purposes of this Act, be deemed to be the land of that land- owner and no descendant shall, as m e deemed to be the land of that land- owner and no descendant shall, as member of such family, be entitled to claim th o descendant shall, as member of such family, be entitled to claim that in respect arid Oc INew shall INew shall er, section 32-KK inserted by Punjab Act No. 16 of 1962, Section 7 be deemed to have come into force with effect from 30t d shall October, ection 32-KK be deemed to

Section 32K