LANDS — Pepsu Act 13 TENANCY AND AGRICULTURAL 113

126 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. No tenant, who immediately preceding the commencement of the President's Act had held any land continuously for a period of twelve years or more under the same landowner or his predecessor in title, shall be ejected on the grounds specified in sub-section (1)— (a) from any area of land, if the area under the personal cultivation of the tenant does not exceed fifteen standard acres, or (b) from an area of fifteen standard acres, if the area under the personal cultivation of the tenant exceeds fifteen standard acres : 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 member 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 l i 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.] '[8. Subject to the provisions of section 7, every tenant admitted after the commencement of the Pepsu Tenancy and Agricultural Lands (Second Amendment) ISubs. by Pepsu Act No. 15 of 1956, s. 9. Act, 1956, shall hold land for a minimum term of three years : years : Provided that nothing herein shall apply to the tenant person who is a widow, a minor 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 t 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 incapable of cultivating menta infir land by reason of physical or mental infirmity.) '[8-A. (1) Notwithstanding anything to the contrary Cortain sales of ntained in the Punjab Pre-emption Act, 1913, a sale ) 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-emptibl ed in the Punjab Pre-emption Act, 1913, a sale of tenancy land land comprising the tenancy of a tenant made to him by the pre-emptible, landowner shall not be preemptible under the Punjab Pr omprising the tenancy of a tenant made to him by the landowner shall not be preemptible under the Punjab Pre- emption Act, 1913, and no decree of p e preemptible under the Punjab Pre- emption Act, 1913, and no decree of pre-emption passed after the commencement of this Act in respect of Act, 1913, and no decree of pre-emption passed after the commencement of this Act in respect of any such sale of land shall be executed by any Court. mencement of this Act in respect sale of land shall be executed by any Court. Where, after the commencement of the President's On receipt of an-application "under sub-section 8-B. s 8 s d ' s (I) Where, after the commencement of the Catan sed Act, land comprising the tenancy of a te jc G2gess 8-B. s ' (I) Where, after the commencement of the sed President's Act, land comprising the tenancy of a tenant jc is 'New mection section a tenant is Seemed as tone on 'New mections A and 8B inserted by Punjab Act No. § of 1050, So under the 3. ) 3. mort he Catan G2gess Seemed m to s an mort jc G2gess to he is Seemed as tone ) Maximum amount rent payable, Determination of rent. | mortgaged to him with possession by the landowner and redeemed by the landowner, the mortgaged to him with possession by the lan such land is subsequently redeemed by the landowner, the t shall, notwithstanding such redemption or any other such land is subsequently redeemed by the landowne tenant shall, notwithstanding such redemption or any other being in force, be deemed to be the tenant tenant shall, notwithstanding such redemption law for the time being in force, be deemed to be the tenant ndowner in respect of such land on the same terms. law for the time being in force, be deemed to be the of the landowner in respect of such land on the same terms. ons on which it was held by him immediately of the landowner in respect of such land on the same terms. and conditions on which it was held by him immediately the execution of the mortgage as if the mortgage and conditions on which it was held by him im before the execution of the mortgage as if the mortgage had never been executed. $ Where a tenant referred to in sub-section (1) has An application received under of 9. Notwithstanding any agreement, usage, decree or urt or any law for the time being in force, the 9. Notwithstanding any agreement, usage, decre order of a court or any law for the time being in force, the imum rent payable by a tenant in respect of the land order of a court or any law for the time being in force, maximum rent payable by a tenant in respect of the land to him shall not exceed one-third of produce of the maximum rent payable by a tenant in respect of the leased to him shall not exceed one-third of produce of the nd or the value of such produce, as the case may be. leased to him shall not exceed one-third of produce 1and or the value of such produce, as the case may be. (1) Subject to the provisions of section 9, the ya (a) where the rent is fixed by an agreement in writing, the rent so agreed upon; where the rent is fixed b writing, the rent so agreed upon; i (b) where there is no such for the agricultur agreement, the rent ediately where there is no such agreement payable for the agricultural year immediately receding the period in respect of which the payable for the agricultural year immediately preceding the period in respect of which the falls to be determined; em preceding the period in rent falls to be determined; f which em (¢) where it is not practicable to ascertain the vent fer the previous agricultural year referred to where it is not practicable to ascertain the v fer the previous agricultural year referred to a 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. The reasonable rent referred to in clause (d) of sub-section (1) shall be determined by the prescribed 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; (¢) the prices of foodgrains and other commodities in the locality; (d) such other matters as may be prescribed. (1) Every landowner shall give or cause to be Receipt fox Ezxplanation.—A receipt shall be deemed to have been given within t been given within the meaning of this subng of this sub- section, if it is handed over to the prescribed authority within s he prescribed authority within seven days of receipt of rent by the landow by the landowner or by any person on his behalf. If any landowner makes default in complying with the provisions of sub-section (1), the prescribed sub-section (1), the prescribed authority may, by order in writing, direct him to pay a penalty not exceeding three times the in writing, direct him to pay a penalty not exceeding three times the amount of land excessive rent. (a) to recover from a tenant rent in excess of the amount 'specified excess of the amount 'specified in section 9 or section 10, as the case may be, or the case may be, or Qe od 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 Liabilit refund amoung unlawfully ) If the prescribed authority, after making such 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 provisions 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 recovered; and (b) to refund to the tenant the excess amount recovered from him; or (¢) where the landowner has received any service such sum where from any tenant to pay to the tenant such sum by aut way of rity compensation as the prescribed by way authority may think fit, Bar on eviction house. - (1) If in any Abadi Deh or Gorah Deh a tenant (a) the landowner proves that the dwelling-house the tenant; and the landow was not built at the expense of the tenant; and (b) such tenant makes default for a period exceed- rent, if any, ing one year in the payment of for the rent, if any, ing one year in the which he has been paying for the use and occupation of such house: Provided that in the case of a tenant under an allottee, for the word 'and' in Provided that in the this sub-section shall have effect ag if for the word 'and' in e ed. this sub-clause (a) the word 'or' were substituted. The provisions of this section and the next succeeding section shall not apply to a dwelling-house which is » situated on any land used for the purpose of agriculture in the tenancy has been terminated under situated on any land used for the purpose of 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 relaanation.—In this section ing section, the expression 'landowner' in relation to evacuee land means the Custodian of Evacuec Property within the meaning ion of the Ev Pro wit the mea of the Administration of Evacuee Property Act, 1950 (XXXT of 1950). (1) A tenant who is in occupation of a dwellinghouse built at his own expense on a site belonging to the landowner shall have the right to purchase such site from the landowner at the price agreed upon in writing between him and the landowner or in the absence of any such agreement at such price as may be determined by the prescribed authority. A tenant who intends to purchase the site of a dwelling-house in pursuance of the provisions of sub-section (1) shall give to the landowner a notice in writing in the prescribed manner of his intention to do so 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 dwellinghouse. Where a landoner fails to communicate to the tenant the price in respect of the site of the dwellinghouse 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 preseribed form to the prescribed authority within the preseribed period for determination of the market value of the site. v M 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, Option to tenant to purchase gits of dwelling- house. of dwe house. 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. The prescribed authority' shall, on payment of the prescribed fee, issue to the tenant a certificate containing the prescribed particulars in respect of the site of the dwelling-house deemed to have been transferred to the tenant under sub-section (6) and notwithstanding anything contained in the Indian Registration Act, 1908 (XVI of 1908), no such certificate shall require to be registered under that Act. 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 hopcine Drovements (1) A tenant may at any time apply in writing If, within one month of the receipt of such application, 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 permission. | 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. 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. ® Pe 3 TENANCY AND AGRICULTURAL [1955 : Pepsu Act 15 133 LANDS In this section, the expression 'tenant' includes a sub-tenant. (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 terminated under the provisions of this Act, be entitled to receive compensation for such improvements before he can be ejected from such land. The compensation payable to a tenant under sub- (a) the amount by which the value of land has incr increased by reason of the improvements; (b) the condition of the improvements at the date of the determi s at the date of the determination of the value thereof and the probable duration of their effect he determination of the value ther the probable duration of their effect : = (¢) the labour and capital involved in the making of the improvements; and in the improvements; and (d) the reduction or remission of rent, if any, or other advantage secured by mission of rent, if any, or other advantage secured by the tenant in con- sideration of the improveme ured by the tenant in con- sideration of the improvements made by him. "18 (1) If a tenant dies during the term of his Devolution ions of sub- gn dedsh i y is Dev tenancy, the tenancy shall subject to the provisions of sub- gn tion i dedshancy section (2), devolve— tenant, (a) on his lineal male descendants, in the male line of descent, if any: 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 h widow shall cease to enjoy the tenancy right if she remarries or abandons the land or is ejected therefrom in accordance cy right if she remarries or abandons the land or is ejected therefrom in accordance with the provisions of this Act from the provisions of this Act; Definiti f fonpon : TENANCY AND AGRICULTURAL [1955 : Pepsu Act 15 LANDS LANDS | (¢) failing such descendants and widow, or in case there is a widow if and a there is a widow if enjoy the t and when she hts un ceases to r a widow if and when she ceases to enjoy the tenancy rights under the proviso to clause (b), on a khana damad, cy rights under the provis clause (b), on a khana damad, if any. 1 No person shall be entitled to succeed to tenancy Rights privile and of . n nn in Rights privileges t d of 19. . nn Nothing contained in this Chapter shall be con- limit or prejudice the rights 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 affected. ts and privileges of any tenant under any other law for the time being in force or any usage, or arising from law for the time being in force or any usage, or arising from any contract, grant, decree ot order of a court or otherwise ho contract, order of a court or otherwise howsoever. CHAPTER IV Acquisition of proprietary rights by tenants } } Co ion 0? } Co

Section 126