Section 32
-B *lor the de e basis of the information given in the
section 32-B *lor the de e basis of the information given in the
return under section 32-B *lor the declaration furnished
under sub-section (1) of section 3232-B *lor the declaration furnished
under sub-section (1) of section 32-BB which shall be duly verified through such agency as may be p (1) of section 32-BB which shall be duly verified through such agency as may be prescribed or the information obtained by the Collector u h 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 Col 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 prescri or] section 32-C, the Collector shall prepare a draft statement in the manner prescribed showing, among other particulars, the total area of la er prescribed showing, among other particulars, the total area of land owned or held by such a person, the specific parcels o area of land owned or held by such a person, the specific parcels of land which the land- owner may retain by way of his permissib on, the specific parcels of land which the land- owner may retain by way of his permissible limit or exemption from ceiling and als y of his permissible limit
exemption from ceiling and also the surplus area.
The draft statement shall include the advice of the
Any verson aggrieved by an order of the Collector
p) (4) Without prejudice to an action under sub-section
1Subs, for the words "deem fit ard sleet?
on 6. vy Piniah Act 3 of 1959, section 6.
ZSubstituted for the words "which shail he duly verified through
agency as may be prescribed or the information obtaine ituted for the words "which shail he duly verified through such agency as may be prescribed or the information obtained by the Collector under" by Punjab Act No. 3 of 1959, section 7, such agency as may be prescribed or the information ob
Collector under" by Punjab Act No. 3 of 1959, section 7,
®
Any order of the. State Government under subsection (3) or sub-section (4) or of the Collector subject to the decision of the State Government under those subsections shall be final.
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.
{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.
'[32-DD.
for the p Notwithstanding anything contained in thig Future
ancies
poses of determining the surplus Future ten- ancies in -sur-
plus area and in
ea ten-
-sur-
and '[32-DD. Notwithstanding anything contained in thig Future ten- ancies in -sur- Act, for the purposes of determining the surplus area of any plus area and . . certain judg.
e . plus area
certain judg-
ments ete. to .
persot— certain judg-
* 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-m -ment of that Act and having the effect of di- minishing the area he effect of di- minishing the area of such person which eould have been which
have been declared as his surplus area;
shall be ignored.
32-E. Notwithstanding anything to the contrary Vesting of surto 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 or
Lo
sio B}%
St
men e
. usage for the time being in B}%S a
. 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
t from the 30th October, 1956,—vide section 4. 1962 with inserted by Punjab Act
effect from the 30th October, 1956,—vide section 4. 2Substituted for the wo
t from the 30th October, 1956,—vide section 4. 2Substituted for the words "as from the date" with effect from the
October, 1956, by Punjab Act " with effe
30th October, 1956, by Punjab Act No. 16 of 1962, section 5. .
De or take
ea. De
surplus area.
date] on which the final statement in respect of a landowner
t is published in the Official Gazette, then— date] on which the final statement in respect
or tenant is published in the Official Gazette, then—
(a) in the case of the surplus area of a landowner, or
tenant which in the case of t
in the case of the surplus area of a tenant which
the permissible limit of in the case of the surplus
is not included within the permissible limit of
landowner, {such area shall, on the date is not included within the permissible
the landowner, {such area shall, on the date
reof is taken by or on the landowner, {such area
on which possession thereof is taken by or on
ment, be deemed fo on which possession
behalf of the State Government, be deemed fo
quired] by the State Government behalf of the State Government,
have been acquired] by the State Government
lic purpose and all rights, title and have been acquired] by the State Gove
for a public purpose and all rights, title and
including the contingent interest, if for a public purpose and all
interest (including the contingent interest, if
tom or usage any, recognised by any law,
force) custom or usage any, recognised by
for the time being in force) of all persons in such land shall be extinguished, and such rights, title and interest shall vest in the State
created rights, titl
Government free from encumbrances created by any person; and
(b) in the case of the surplus area of a tenant which
included within the permissible limits of the in the case of the surplus area of a ten
is included within the permissible limits of the
and interest of the tenant is included within the permiss
landowner, the right and interest of the tenant
tand terminated: landowner, the r
in such area shall stand terminated:
Provided that, for the purposes of clause (a), where
the surplus area ig mortided that, for the pur
any land falling within the surplus area ig mort-
on, only the mortgagee gaged with possession,
he S only the mortgagee gaged with possession, only
rights shall vest in the State Government.
2[32-F, (1) The Collector may, by order in writing,
which the final statement in 2[32-F, (1) The Collector may,
at any time after the date on which the final statement in
d in the Official at any time after the
respect of a landowner or tenant is published in the Official
andowner or the tenant or any other respect of a landowner or tenant is pub
Gazette, direct the landowner or the tenant or any other
surplus area to deliver possession Gazette, direct the landowner
person in possession of the surplus area to deliver possession
e service of the order on him person in possession of the surplus
thereof within ten days of the service of the order on him
n as may be specified in the order. ' thereof within ten days of the service of
to such person as may be specified in the order. '
If the landowner or the tenant or any other per-
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.
J
surplus area and may for that purpose use such force as may
be necessary.] surplus area an
be necessary.]
*139FF, Save in the case of land acquired by the Certain trans
nder any law for the time being in affect the sure *139FF, Save in the case of land acquired by
State Government under any law for the time being in affect the sure
rce or by an heir by inheritance or up to 30th July, 1958, plus erea. State Government under any law for the time being in a
force or by an heir by inheritance or up to 30th July, 1958, plus erea.
n, or a small landowner, not being a force or by an heir by inheritance or up to
by a landless person, or a small landowner, not being a
as prescribed of the person making the transfer or by a landless person, or a small landowner, n
relation as prescribed of the person making the transfer or
sition of land, for consideration up to an area whichy relation as prescribed of the person making the tran
disposition of land, for consideration up to an area whichy
or held by him does not disposition of land, for co
with or without the area owned or held by him does not
exceed the permissible limit, no transfer with or without the area owned or held b
in the aggregate exceed the permissible limit, no transfer
her disposition of land affected after the 21st August, in the aggregate exceed the permissible limit, no tran
or other disposition of land affected after the 21st August,
shall affect the right of the State Government under or other disposition of land affected after the 21st Aug
1956, shall affect the right of the State Government under
surplus area to which it would be entitled, 1956, shall affect the right of the State G
this Act to the surplus area to which it would be entitled,
ch transfer or disposition : this Act to the surplus area
but for such transfer or disposition :
Provided that any person who has received any ad-
under such transfer or disposition of land shall be! Provided that any person who has received an
vantage under such transfer or disposition of land shall be!
ompensation for it, to the vantage under such transf
bound to restore it, or to make compensation for it, to the
om he received it-] bound to restore
person from whom he received it-]
for of
32-G.
ere (1) Where any land is acquired under section principles
be paid compensation which shall be payment 32-G. (1) Where any land is acquired under sec
39-E, there shall be paid compensation which shall be payment _
determined by the Collector or any other officer in the compensatio 39-E, there shall be paid compensation which shall be payment _
determined by the Collector or any other officer in the compensation.
and in accordance with the principles hereinafter determined by the Collector or any other offi
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,
e twelve times the fair rent; and
New section 32-FF inserted by Punjab Act No. 3 of 1959, section 8.
on 13 of Punjab Act No. 16 of 1962, reads as follows :— New section 32-FF inserted by Punjab Act No. 3 of 1959
*Section 13 of Punjab Act No. 16 of 1962, reads as follows :—
«13. Validation. Notwithstanding anything contained in thi
ection 13 of Pun
«13. Validation. b Act No. 16 of 1962, reads as follows :—
Notwithstanding anything contained in this Act
ime being in force or in any Validation. Notwithstanding
or in any other law for the time being in
ent, decree or order of any court o force or
au in any or in any other law for the time being in force or i
judgment, decree or order of any court or other authority,
where the surplus area in respect of the land owned by a judgment, decree or order of any court
where the surplus area in respect of the land
undivided family referred to in clause ( r
owned by a
of section where the surplus area in respect of the land owne
Hindu undivided family referred to in clause (a) of
32-KK of the principal Act, has been determined und by a
section
at Hindu undivided family referred to in clause (a) of se
32-KK of the principal Act, has been determined under that
commencement of this Act by any 32-KK of the principal Act, h
Act at any time before the commencement of this Act by any
authority competent to determine such area, whether by Act at any time before t
authority competent to
ing the partition of commencement of th
determine such area,
y such land under Act by any
whether by
ection 32-FF 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 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 or otherwise, such determinat
deemed always tp have been valid and shall not be questioned
e
round
hat
he
escendants
f
he
andowner
onstideemed 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 landon the ground that the desce
tuting with him the Hindu
owners in their own right i dants of the lando
undivided family
respect of their s ner consti-
were land-
res in such tuting with him the Hindu undivided family were land- owners in their own right in respect of their shares in such
d
tion
red." owner
in their own right in respe
of their share
in such
land or on the ground that the partition had been ignored."
|
(ii) for the next twenty-five standard acres of land, nine time ard a
land, nine times the fair rent; and
(ii) for the remaining land, ninety
land rev times the ninety times the land revenue (including rates and cesses) payable for such land or two (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 reve shall in no case be less than ninety
the land revenue (including rates
cess
pay
for the lan
or two and
untes and cesses) payable for the land or two hundred rupees per acre, whichever is less ;
[Provided further that where the land exceeds fifty standard acres, it shall, for the purposes of computing compensation under this clause, be allocated to sub-clauses (i), (#) and (iii) in such manner as may be 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
f
r
a this sub-section 'fair rent' means fair rent as determined by the Pepsu Land Commission appointed under section 32-P.
The Collector or the officer authorised by the State Government shall prepare a compensation statement 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.
I EEE
in the land and the amount and particulars of their claims
ation for such interests. Thereafter, the in the land and the amount a
to compensation for such interests.
sation shall be appo of the
Thereafter, the to compensation for such interests.
amount of compensation shall be apportioned among the
st in the land. amount of comp
persons having interest in the land.
[(2A) Where in the surplus area of any person mort-
vested in the State Government, the [(2A) Where in the surplus area of any per
gagee rights have vested in the State Government, the
to the mortgagee shall be the mortgagee rights have vested in the St
compensation payable to the mortgagee shall be the mort-
e mortgagee, or the compensation compensation payable to the mortg
gage money due to the mortgagee, or the compensation
der this Act, whichever is less.] gage money due to the mortgagee,
payable under this Act, whichever is less.]
In apportioning compensation between a land-
2[(4) Where on the land there is any building,
thereof shall in structure, tubewell ar crop, the
paya owner thereof shall in structure, tubewell ar crop, th
addition to the compensation payable in respect of the land,
te Government compenaddition to the compensati
be entitled to be paid by the State Government compen-
refor which shall be equivalent to three-fourth be entitled to be paid by the State Governm
sation therefor which shall be equivalent to three-fourth
ucture, tubewell sation therefor w
of the market value of such building, structure, tubewell
deteror crop, as the case may be, and which shall be determined,—
(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, strueture, tubewell or crop, as the case may be, is removed by the owner within the period prescribed or within such further period as the Collector may extend for the purpose no compensation 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. New sub-section (2A)
2Substituted by Punjab Act 27 of 1962, section 4.
L |
&
Pe tion, of
Disposal of sur=
Provided further that the cost incurred in raising the crop shall be the market value of the crop.l
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.
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) payable 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 provisions of this Act.
32.J. (1) The surplus area acquired under section 32-E shall be at the disposal of the State Government.
The State Government may, by notification in the Official Gazette, frame a scheme for utilising the surplus area by allotment to tenants willing to cultivate land personally 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-operative farms or seeds farms or efficient management of land.
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 entitled 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
»
RE
EEE
make their holdings equal to five standard acres, and landless agricultural workers.
The terms and conditions, on which the lands, in
Explanation.—The said amount shall be prescribed by
that 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 payable by the State Government for surplus area which is acquired.
The State Government may, by notification in the Official Gazette, add to, amend, vary or revoke any scheme made under this section.
Roop's Law Assist