Section Document
Document
Act X of 1953] THE PUNJAB SECURITY TENURES OF LANT) ACT, 227 1953 THE PUNJAB SECURITY OF LAND TENURES ACT; 1953 TABLE OF CONTENTS S ECTIONS
1
Sbort title, oxtent and commencomont; 2. Definitions:
3 Reservation of land by small landowner; 4. Fresh reservation of land due to modification of allotment 5. Reservation of land. SA. EDeclaratidos supported by affidavits to be furnished by certain landowners and tenants SB. Selection of permissible area and consequences to select: of feilure SC. Penalty for failure to furnish declaration . 6. Certain previous transfers of lands not to affect rights tenants: of
7. [Repealed]: 8 Continuity of tenancies. 9. Liability of tenants to be ejected 9A: Accommodation of tenants on surplus area . 10. Restoration of tenantejectedafter the ]Sth of August, 1947. IOA. Surplus area for resettlement of ejected tenants. JOB. Saving by inberitance not to apply after utilisat ion of surplus area, I1. Tenant'8 right to water.
12. Amount of maximum rent,
13. Assessment of charges for services or facilities provided by the land owner.
14. Duty of landowner to furnish receipt for rent received from tenant:
14A. Procedure for ejectment and recovery of arrears of ront etc , etc.
228 THE PUNJAB SECURITY OF LAND [Act TENURES AcT; 1953 X o 1953 SBCTION 15. Omitted: 16. Saving of tenancies from effect of mala fide transfers. 17. Rights of cortain tenants to pre-empt sale, etc. of 'land. I7A. Certain sales of tenancy lands not pre-emptible. 17B. Certain mortgages to be deemed as tenants Act; under tbe 18. Rights of certain tenants to purchase land., 19. Sections 17 and 18 not to apply to certain tenants: property and
19A. Bar of future acquisition of land in excess of permissible area. 19B. Future - acquisition of land by inheritance, permissible area. in excess of 19C. Power to cause delivery of possession of surplus area. 19D. Exemption of certain lands. 19E. Land owned by Hindu undivided family to land of be deemed One landowner. 19F. Removal of certain doubts. 20. Restrictions on tenants. 21. Saving of tenants and lessees under Government. 2IA. Power t2 remove dificulties by modification of in provisions certain cases. 22. Procedure for ejectment; 23. 'Abrogation of pending decrees, orders and notices 24. Appeal, review and revision, 24A, Power to separate share of landowners in joint lands 25. Exclusion of courts and authorities. 26. Indemnity. 27. Power to make rules: 28. Repeal and 88 ings.
Act X o 1953] TH PUNJAD SncURIty TBNURES OP LAND AcT, 229 1953 'THE PUNJAB SECURITY OF LAND ACT , TENURES 1953 Punjah Act No. X of 1953 [Received the assent of the President 1953 on the I5th and was first published in April, the ment Gazette, Extruordincty of (e }Stiabr Govern- April, 1953]
2
3
Year
No.
Short Title
Whether afccted by the later Legislation
1953
The Punjab Security of Amended by _ Land Tenures Act, 1953 Punjab Act LVI of 1953: Punjab Act XI of 1955? Punjab Act No. 46 of 1957' Punjab Act No. 4 of 19598 Punjab Act No. 32 of 1959' Punjab Act No. 14 of 1962' Amended by the Funjab Reorga- nisation (Chandigarb) C Adap- tation of Laws On State and Concurrent Subjects) Order, 1968.
An Act to provide for the security of land tenure and other incidental matters. It is hereby enacted as follows 1. (1) This Act may be called the Punjab Security Short title , exlcnt of Land Tenures Act, 1953. and commencc - ment . 'For Statement Of Objects and Reasons, see Punjab Government Gazette (Exira- ordinary), 1952, page 4379 for proceedings in Assembly, see Punjab Legislative Assembly Debates, 1953. 'For Statemcnt Of Objects and Reasons, See Punjab Gevernment Gazette_(Extta- ordinary), 1953, page 1571 fOr proceedings' in the Assembly, see Punjab Legislative Assembly' Debates,1953. 'For Statement 0f Objects ana Reasons , see Punjab Government Gazette (Extra- ordinary) , 1955, pages 243.44 for proccedings in Assembly , see Punjab Legislat tive Assembly Debaies, i955. see Punjab Government Gazette (Extra- nzor Sigtemeni 0i Objects ancOceedings ineehe uASsemboy,: ordinary), 1957, page 1679 for proceedings see Punjab Legislative Assembly' Debaies, 1957. 'For Statement of Objecls and Reasons, see Punjab Government Gezette (Extra- ordinary), 1958, pages 1542 44 for proceedings in the Assembly, see Punjab Legis- lative Assembly Debates, 1958_ For Statemnent of Objects and Reasons,, see Punjab Government Gozette (Extrz ordinary), 1959, pages 1009-10i0; for proceedings in ihe Assembly, Jee Punjab Legis- lative Assembly Debates, 1959. Punjab Government Gazette (Extra- For Statement of Objects and Reasons, see ordinary), 1962, pages 646-647.
230
TE PUNJAB SECURITY OP LAND TENURFS ACT, 1953
[Act X
(2) I shall come into force a( once _ () 14 shall extend t0 the whole of the tory of I[Union Chandigarh.] Terri- 9[(4) Save as Aci elscwhere_ expressly provided nothing contained therein shall in this garden colonies which were Tegisetexbefoce CO-operative into force of this Act.] the coming Definitions 2. In this Act, unless the context otherwise requires the Pujabandawer" means & Person defined Punjab Land Revenue Act, 1887 as such in and shall include an (Act XVII of 'allottee ; 1887) XVII in clauses (b) and and " lessee , &8 defined i&2. 0( (c); Punjab Displaced Persons songectavedy;;% section 2 08 thefnesi (Act XXXVI of (Land Resettlement) 1949) , Act, hereinafter referred 1949 'Resettlement Act. to as the K94XVI 1949. oj shall Erlermcor to J EePezn8f land mori gaged with landowner, possession , the mortgagees (2) 66 Small enlire land in Iadoruer" means J[Union a landowner does not exceed Territory whose the of 'permissible area Chandigarh] satiEsPlanarioea U In computing !he urea Iecord-of-rights, bi, ban he [Unice: held shail be taken into Territory by #PY particular be taken into accounL . of "Chaidticuhi ' us edoreaiz %e account, and K he {s joit as entered in thc OWner Only his share %[(3) or "Permissible a Tenant, area thirty in relation thirty standa raeacse to standard a landowner acres exceed acres on being acres and where such sixly acreS , converted such into sixty ordinary acres Provided that
no arca mentcof Under, an this Orchard Act, at the in computing shall be taken intomccouat the_permissible account 'Substituled (Chandigarh) for thna words area 4968 . (Adaptati ion "State of Laws of On Punjab" State and by CbuPunjab Reorganisalion 'Substituted Concurrent by Subjects) Order , Punjab Act XI of 'Substituted 1955. by Punjab Act XI of 1955 .
of 1953]
THE PUNJAB SECURITY OF LAND TENURES AcT; 1953
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(ii) for a displaced porsou- (a) who has been allolled land in excess of fifty standard acres, (he permissible area shail be fifty standard acres or one hundred ordinary acres, as the case may be, (h) who has been allotted land in excess %f thirty standard acres, but less than fifty standard acres , the permissible area shali be equal (0 his allotted area, (c) who has been allotted land less than thirty standard acres, the permissible area shail be thirty standard acres, including any other land Or part thereof, if any, that he owns in addition.] ol determining the permissible areac of dis - Explanation_Fot ibesPOfpoov (@i) shali noi apply t0 the heirs and sucCes- placedEpersoani c rovrsons 8 wFomisoand shalorea? sors Of ihe displaccd persons 10 ) ) means the area lawfully reserved (4) "Reserved area" (Security , ofTenures) Act; II of under the "Punjab 19S02n(S aseaided.68President snder i0. 1950 (Act XXIL of 1950). as the 66 '1950 Act" Or under of 1951, hereinafter referred to as this Act . converti - acre 5 ) means a measure 0f arec to 820 Srdiidard acre" oneany clac %heaadanccordinyela ble into ordinary feference (0 the quantity the prescribed scale with and quality of soil. the area other than the ) ) meteg thesabeen reserved, the '[(5-a) "Surplus Area area area selected [under reserved area, and, whereerno of the permissible area in excess t0 have come into 1962 and shall be decqted Act No. 14 of section #(2) ofthe Act ibld. 'Added by Pupjzb,A9SNo-vide force on the iSth April, 'Repealed by section 28 of this Act: Act XI of 1955. (Sa) added by Punjab Punjab Act No. 46 of 1957, 'NcW clausc prescribcd" by the words "as Substituted for section 2.
232
TNE PUNJAB SECURITY OF LAND TENURES AcT, 1953
[Act X
scclion 5-B o (hc arca which is dcemcd t0 be under sub-section (1) of section 5-C] '[anae suplus arca in exccss of thc permissible includes area area section 19-B] ; but it will not include a selected thc ble area (enant' 8 undcr permissi- Provided that it will include the reserved thereof; where such area or area, part has not been Or part under sell-cultivation Within six months of brought same Or getting possession thereof after reserving ejecting the from it Whichever is later, or if the a landowner tenant a new tenant; within three years admits said six months. of the expiry 0 the
0_Tenant" has the Punjab Tenancy meaning a Act, i887 (AccaRVE 0385337ed t9 it in the sub-tenant and of self-cultivating 1887), and includes include 2 present holder, Jessee, but as defined in shall Resettlement not Act . section 2 of the (7) sYear" ie8ion 4, 0f the Peajab Fexgicultural Yea5 1887) Tenancy as defined in Act, i887 (Act XVI of in thf8 ACLand" and all other Act, sball bave terms to them in the same used, but not defined the Punjab meaning Tenancy as are Act, 1887 (XVI of {ssi5ned %(9) owner <Self-cultivation either Or through personally Or (heans_ cultivation by a land under such of his through his relations his wife Of children, supervision .] as may be prescribed, Or (10) _ under this "Prescribed" Act, meanS prescribed by rules made
force ' 'Inserted On the by 30th Punjab decmed Act to July, No. of have 1958, ~vlde J4 of Act = been 1962 Ibld: inserted section iena shall with be deemed to have come into effect of fron Act Ibld . Clause (5-a) shall bc 'Substituted ` the ISth April, 1953, section 10 by vlde Punjab Act XI of 1955,
of [953]
T PUNJAD S#cURuty (F: LaND TrNURFS Act, 1953
23}
(HI) "Displaced person" Ias Vhc mcaning '93igncc (o it in the East Tunjab Displaced Fcrsons (Land Roscl(lc- mcnt) Act_ 1949 (Act XxXvi of 1949) 3_ Any small landowner, who by virtuc ol an allot- Paerntinn ment made alter the commcnccment of this Act undcr thc landohner. smell Administration of Evacucc Properly Act, 1950 (Act NXXI of 1950) , comes (0 hol moro than tho permissiblc arca of land, may sclcct Out of (ho cntire area held by him as a landowncr in thc '[Union Torritory of Chandigarh], a parcel or parccls of land nou excceding in aggregafe the permissible arca and reserve it by intimating his reservation in the prescribed Torm and manner; to the patwari of the cstate in which thc land reserved is situate, Or to such other authority as may be prescribed, before the expiry of six months from the date of his obtaining possession of the land so allotted Provided that he shall include in his reservation; to tbe extent of the permissible area, Whatever land he bad under self-cultivation immediately before the commencement of this Act . 4_ Any landownet, who has madea lawfulreservation Fah [escryalio# of land due t0 of land under the 1950 Act,and whose allotment is modifed moditication of revised, after the commencement of this Act; under the allolment. or Administration of Evacuee Property Act, 1950 (Act XXXI of 1950), shall be entitled to make a 'fresh reservation before ihe expiry of six months from the date of his obtain- ing possession Of the land s0 allotted 'Provided that in making this fresh Teservation he shall include lo the exlent of the permissible area firstly, the Iand he has under sell-cultivation and secondly such land out of his previous reservation, as has not passed out of his possession as 4 result Of (he said revision Or modifica- tion of allolment_ the commencement Reservation 0l lat . 5. (1) Any reservation before of this Acl, shall cease to have effect and subject [0 the provisions 0f sections 3 and 4 any landowner who owds land in excess of' the permissible arCZ may roserve out of the entire land held by him in ihe' [Union Territo Iyof Chandigarh] a; landowner, anY parcel or parcels not exceed ing the' permissible afea by inlimating his selection in the prescribed form and manner t0 the patwari of the estate in which the Jand reserved is situate Or to such other authority &8 mnay bc prescribed ~Substituted fOI (he wods "Stalc 0f Puujab" by thc Punjab Reorgisutioua (Chandigarb) (Adaplation Of Laws OD State and Concurrent ubjects) Order,[968.
234
THE PUNJAB SECURITY TENURES OF AcT, LAND 1953 Provided that [Act in X include his areasaownedhal making this the reservation following order he shall (a) area held in a Co-operative area under self-cultivation Garden at the Colony, ment of this Act olher (c) reserved than the commence: area excluding reserved the area under afea. mar tenant O1 a tenant who has a nuous been jhundi: occupation diately for 20 years in conti: before such Or reservation, more imme: (d) area Or share in a Co-operative (e) any other area owned Farming Society, by him, (f) area under a jhundimar tenant. 62) cWhere in respect of any land more than can be classed as landowners, one person one of whom is as in the case of a landowner in principal and the Otbeon persons derivative capacity; the aforesaid right of reservation Ghal be exercised by the. landoiner who receiveseorag Ontitled to receive rent directly from the tenant in actuai cultivation of the land
(3) A landowner shall be entitled to intimate a reservation within six months from the date of commence ment of this Act, and no reservation S0 intimated shall be varied subsequently whelher by acl 0l parties o by opera- tion of law, Save with (he consent in Writing of the tenant affected by such variation OT" until such tine #S the righd to eject such tenant otherwise accrues under the provision of this Act,.
'(4)
1(5) or holds land owner Or tenant, who ownS %S-A. Every land js Dcloritions by land in excess of the permissible "recircld; shhaef? furnish; affidavits t0 bc (han one Palwar Circle, situated in more commencement cernaihed lanty certain within period of six months from the a owners and Icn- ants. (5) omitlcdl by Funjab Act LVI 0l 1951. and scction 3. 'Clauses (4) Punjab Acr No. 46 of 1957. "Sections 5-4, 5-1 and 5-C inserled by
of 1953]
T PUNJAn SFcURny OF LANI) TFNURES Act; 1953
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of the , Punjab Security o Land Tenures (Amendment) Act; 1957 , a dcclaration supportcd a affidavit bxim in respect %f the lands %wned or hcld by in such form and manner and t0 such authority as may bc prescribcd,] 5-B. (I) A landowner who has not exercised his Seleclion of per right of reservation under this Acl, may select his per- missible Jrc 1 missible area and intimate thc sclection i0 thc prcscribed Gnce; 37f5ee authority within the period specified in section 5-A and to sclcct. in such form and manner as may be prescribed Provided that a landowner who is required to furnish 3 declaration under seclion S-A shall intimale his selection along with that declaration _ (2) If a landowner fails (0 select his permissible area in accordance with the provisions of sub-section (1), the prescribed_ authority may; subject (0 the provisions of section 5-C, select the parcel or parcels of land which such person is entitled to retain under the provisions %f this Act: Provided that the prescribed authority shall not make the selection without ' giving the landowner concerned ~n opportunity of being heard. 5-C. (1) If a landowner Or tenant fails to furnish the declaration supported by an affidavit as required by Feroliurnioi Gchze section 5-Ag the prescribed authority not below the rank ration. of Collector may, by order, direct that the whole Or part of the land of such iand owner o (enant in excess of teg standard acres l0 be specified by such authority shall be deemed t0 be the surplus area % such landowner or (enant and shali be utilised by the ?[Central Government] for the purpose mentioned in section 10-4 'Section ]/ Of Punjab Act No: 14 ol 1962 reads #5 follows Notwithslanding %nyliiing cOMtained in IhisAct 0r the ules Validation_-H_ madc thereunder 0r in any Olber laW for the ime being in force Or in any judgment, dccree 85 Order Orany couri OCoiH SuelocilYhe land owned by 4 Hindlu undivided (a) where the surplus area in respect of 19-Ef the principal Act. has Hamily Ielerted %0@clausc G Oasectioxine before the comencCment bcen determined under lal Act aay such acil , whether Dcuniscicrnecy mutiority Compeicn G detdzniner Uch COHACHCCMCuI dy ignotiug %e 'nc 6ig e"cuciaaetumuhuul iOn shallb: valid AIld 31ke principal Ae7O Oher Visfbeunchald Ad shall Ilo( be questioned Shal] be deeined &lways !0 have becn Tandowuets constituting , with Om hc graind adceiuec Indowners in (heir OWII right , in jim ihelliadi "divisd Shilyaeor Ondlw gcouna that the partition respeci Of (heir shares in such had been ignored sub-seetion (2) 0f section 5 B Or sub section (1} of (b) wlcre an order under surplus are Ofany DEISOl, has been passed section 5-C,in respect Of !he poers Or % Collector purporting 1" by & Revente Officer Excreising (hc; Odcr IIl be valid and shall be Jct ;S the prescrilcd AUthority such "d slul HOI be questicned ( hic decnied EUWays (0 Ia & Dcct Yilid passed by (ic prescribed uuthuivy #ouId thal it was not by thc Funjab Reorgsnisation "Substituted for Ihe words 54s Zevna ceocutrenh $ubjeis) 0rder,4965" Chandigark) (Adaptution 0fZawson State and
236
THE PUNJAI SECURITY OF LAND TENURES AcT; 1953
[Act X
Provided that no such order shall be made giving tbe landowner or tenan( witbout concerned an iunity of being heard . oppot-
(2) Where a landowner Or tenant who is required furnish a declaration under section S-A fails s0 to to d0, prescribed authority, may,in respect the of him obtain information required to be shown in the the declaration through such agency as it may deom fit ]] Ccruigfers Dvioud land 1[6. No transfer of land, except a bona fide Sale not to affect mortgage with possession Or or a transfer rights of tenants: Tesulting from inberitance made after the TSth August; 1947 and the 2nd before February; 1955, shall affect {he rights of Oe tenant 0n such land under this Act:] 27 *
Continuity tcnancics.
of %[8. The continuity ofa tenancy shall not be affected by_ (a) the death of the landlord, or (6) the death of the tenant except when the tedant leaves no male lineal descendants or mother or widow, and (c) any change therein under the same landowner and for the purposes of section 17 and 18 of this Acl, such tenancy shall be the last area So heldj. Liability of tenant to be ejecled , 9 4[(I) Notwithstanding anything contained in any,Other jaw for the timc being shall be compelent in force, no landowner to eject tenant a tenant except when such is a tenant on (he_area reserved under this Act or is a tenant of a small landowner 5[or] 'Substituted by Punjab Act No. 14 of 1962, scction 3, 'Section 7 omitted by Punjab Acl XI of 1955, 'Section 8 substituled by ibld. seclion Sybrezudered %bsueetiona WVand (2) (f section 9 hy ibid and existing sub- sub-scction (2) , 'Added by Punjab Act No. 32 of 1959,section 2,
of 1953]
TE PUNJAn SECURITY OF LAND TENURES Act, 1953
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fails (o way rcu( rogularly without sufficiont causc '[or]
(iii) is in arroars 0l' ront a( thc commencement ol this Act '[or]
(iv) has failed, or (ails, withoul sufficient cause, to cultivate the land comprised in his tenancy in the manner or to Ihe extent customary in the locality in which the land is situate 1[or] (v) has used, Or uses the land comprised in his tenancy in a manner which has rendered, or renders it unfit for the purpose for which he holds it H[or] (vi) has sub-let the tenancy or a part thereof , pro- vided that where only a part of the tenancy has been sub-let, the tenant shall be liable to be ejected only from such part 5 H[or] (vii) refuses to execute a Qabuliyat Or a Patta, in the form prescribed, in respect of his tenancy On being called upon to do so by an Assistant Collector on an application made to him for this purpose by thc landowner. Explanation._~For the purposes of clause (iii), a tenant shall be deemed to be in arrears %f rent at the commencement of this Act; only if the payment of arrears is not made by the tenant wilhin a period of (wo months from the date of notice of the execution of decree Or order, directing him to pay such arrears of rent] (2) Notwithstanding anything contained hereinbefote a tonant shall also be liable to be ejected from any area which he holds in any capacity Whatover in excess of the permissible area Provided that the portion of the (enaucy (rom which such tenant be ejected shall be determined at his can option only if the area of his tenancy under the, land- owner concerned is in excess of the area fron which ho can bo ejected by the said landowner JAdded by Puniab Zcr No. 52 6T T959, Scclion 2.
238
THE PUNJAB SECURITY OF TENURES AcT, LAND 1953 [ActX Provided futlier (la( several il' (lic (cnah landowners and morc (han holds land his cjcctment,the righi to ejcctment%l7 landowner of the order in which the shall bc cxercised ~seeks suits have been filcd applications have by the bcen in and in case of landowners made Of Riiorit Cose ejectitenl shaous_ applications concerned commence or suits smallest landowner. serially the from the his shaE -Dlanetjoint tenarcc shenint holds land jointly with by him. tenancy shall be taken into account %il other computing the tenants; arca Ch hel d 1[9-A. No tenant liable to ejeckment of sub-section (1) of the section under be clause dispossessed of his next tenancy preceding shali On a surplus unless he is area in accommodated section 10-A or otherwcotdanomeithhche pro isiodatod "[Central Government] on some other land by the Provided that if of a the tenant Small land-owner, concerned is the tenant possession of his he shall be allowed tenancy to retain aCres, including to,the extent of five standard tenant or 'OWne, ul %les Sand which_ he may holdas plus area or "oehernise he is So accommodated on a sur- the Povided further;, that if a tenancy commences after an owner oermeceg cela of,this Act, and' the tenant is also related prescribed; he lo his landlord in the manner shall section:] nol be entitled (0 the benelit 0f this Ition of 10 _ (1) Where "the Sicctod land a (enant has been ejected from any excess of {ust, 1947. than Ihe permissible those areal O1) grounds other ment boscisencioned in Section % before ghe conunence such Acta and alter (he iSth August,c9947, land and is %[subject under self-cultivation; such tenant shall (o] (he provisions of this Act be entitled to be restored t0 his tenancy in the manner prescribed on (he samh terms and conditions 0n Whiche it was held by hin the time of his ejectment, on an application made to 'New section 9-A added by Punjab Act XI of 1955, Sa tion 'Schatiditedk;= for the words "State Gove rnment by the Punjab Reorgani- Order, 1968. (Adaptation of Laws 0n State and Concurrent Subjccts) 'Substituted by Punjab _ Act XVII of 1953,
of 1953]
TE PUNJAR SrcURITy OF LAND TENURES Act; 1953
239
an Assistant Colleclor ol thc first Girade ha = ving jurisdic- tion, Within one year from (hc datc % intimalion o rc- servation after thc commenccmen of (his Act, or if no such reservation is madc within thc pcriod specified in sub-section (3) of section 5, (wo ycars from the date of commencement of this Act Provided that iC morc (cnants (han one have been ejected {rom the same (he right of application be ecnaecvisable " for restoration shall in serial order of priority commencing from the tenant first ejected and to the exient in each case of the permissible area, after taking into account any Olher tenancy Or land which the ejected tenant holds at the time of his application for restoration]: (2) On receipt of an application the Assistant Col- lector shall, after giving to the parties notice in writing and a reasonable opportunity t0 be heard, determine the dispute summarily, and shail keep a memorandum of evidence and a gist of his final order with brief reasons therefor. (3) When an application has been made, any pro- ceedings in relation to the same matter pending in any other court or before any other authorily shall be stayed on receipt of information by that court or authority from such Assislant Collector of the fact of having re- ceived the application; and ail such proceedings in a court Or before any aul horily shall lapse when (he dispute has been delermined by ihe Assistant Collector acting under this Act . (4) A landowner or any olher person in actual possession of land Ihe time of restoration shall be at entitled to such compensation as may be,determined by the Assistant Collec(or, from (he tenant inlended t0 be reslored, loss suffered in consideration of' any- for any thing done prior to ihe date of his first receiving informa- tion of the application Provided that ejected (enant shall be restored to no his provided hereinbelore unless he has paid tenancy as compensation as determined by the Assistant Collector to the landowner O1 olher person, if any, as the case may be _
240 TE PUNJAD SrcURITY 0i' LAND TENURES Act; 1953 (Act X "[1O-A: (a) The ; [Central Gevernment] officet; cmpowcred by i in ghis behalc, shali be Or any 'o utilize any surplus arca for (hc rescltlemeni compeleni cjcctcd; or of to bc ejcctcd, undcr clausc (i) of (enanus (T) of section 9 sub-section
Notwithstanding anylhing contained other law for thc time being in in forcc %[and Save in any the of land acquired by thc [Ceutral Governmenij Cas Jaw' for the time being in force under or by an heir any ance] no transfer or Other dispositiona o/heindy inherii: which comprised in surplus area at the commencement is Acl, shall affeci {he utilizalion (hereomencclaese &) (his (a). Hoplafaciothe Sgch ulilization will not of any surplus area the right of (he landowner to receive Tent from the Ienant SO settled ]
I[(c) For tbe purposes of delermining area the surplus ofany person under this seclion, decree any judgment; or order of a couri or olher aulhority, obtained after the commencement ol this effect of Act and having the diminishing the area of such person Which coula have been declared as his surplus area shall be ignored}; Saving lox tbrhotity 5[10-B, Where succession has opened aller (he oftcurpiuiatezon surplus area Mca or any parl thereol' has been Utilised under clause (a) of bection i0-A, (he ol an Sa ving specified in favour heir by inherilance under clause (6)of ihat Section shall not apply in respect of (he area So utilised.
to Jeve "Ncweeectogud Aiddtieby %unjab Ag Xlof !955 and shall ulwaysbe decmed Act No. 14 of 1962 . with elfcci from the' {51 April, 1955,n vide section [0 of Punjab (Chandibsrisyted $pudionodi "State Governmem' (Adaptation 6f by Ihe Punjab Reorganisajo8. Laws OI Stale and Coneurrent Subjeets) Order, 1968. 'Inserlcd by Punjab Act No. 4 of 1959, section 2_ of 1962,Ckeetoxe) gHded - with cffect from the ISth April, 195} by Punjub Act No. 14 Ju. Act No. "Ncoi 196o5, OHishsG ieda ids etfect from Ihe Isth Apil; [9s8by Punjab S and 1(2).
THE PUNJAB SICURITY OF LAND 241 of 1953] TENURES ACT, 1953 proportion (0 a reduction in (he (enancy; Tenants's right t0 11. Save in watet. Jandowner shall not be competent to curtail il any, a of canal or use of well water Or terminale "enanpplynediatcay before ,e commencer enjoyed by a Aeanand a breach ol this provision shall ment of this Acl, cognizable orfence punishable with imprison- constitute extend to six months and shall be iriable ment which Onbeloxche rank of & Second Class Magistrate. court no( by a anything contained in the Amoun' ,L maxi: 12. (4) Notxihstaedingc mum Act , Act (XVI o 1887) ,O in any Punjab Tenancy decree or order of a court, Or usage or any agreement payable fenant for any land held the maximum Tent beed 'ene-hifd onyhe crop of be hinxisuch shaltaohereced determined in the pres- such IJand Or ihe value (hereofeas rent is less cribed nanner; and where mherustamf besuch customary than "one-(hird' (he maximum rent rent . maximum rent payable by a (2) In compuling_(he rent, if any, as represents the such porlion of (he provided by the coaideratcone fof services Or facibhali 1?Bdeaken into in relation to (he land sball landowner account. Assessment of for services or chargs for service the facilitics PrO 13. Unless (he charges Gandoyable in relation to %ideat by the land- facililies provided by (he for in an agreement owner: specifically provided determined by land have been shall be parlies, such phargGrada, having jurisdiction, between the eassisiant Collector, First [asge of the localito and (he regard (o the who shall give due regard, amongst he shall give if there is no such usage, other matlers, (o__ land by the gained by the (a) (he direcl advantagse Or facilities of such services provision services or nature of the or of their (b) the condilion probable duration facilities and the elfects for (he provision capital required (c) (he labour Or or facilities , of such services
242
THE PUNJAB SECURITY OF TENURES AcT, 1953 LAND [Actx Duty of landowner 14. to.furish receipt (1) Every landowner shall give for rcnt rcccivcd given a valid receipt {0 the (enant in fhe or cause from tcnant: form to for the rent received by him or on his prescribed be behalf . (2) Any landowner who fails to give given such receipt shall or on conviction cause be to with fine which may extend to be one hundred punishable Proccdure for rupees , {covecg of and I14-A: Notwithstanding anything to the rcatS of Tent, ctc: contained in any other Taw for (he time contrary etc: and subject to ihe provisions being in of section force, 9-A; a landowner desiring to eject a tenant this Act shall apply in writing under to the First ' Grade, Assistant Cbdectaii ha who ving jurisdiction; thereafter proceed as in sub-section (2) provided for of" section 10 and of (his the provisions Act, of sub-section (3) of the said Section shall also . apply in such relation to application, provided that the tenants' rights to compensation; and acquisilion of {canancy rights, if ,any, under the Punjab Act, 1887 (XVI of 1887), shall not be affected (ii) a landowner desiring (o recover arrears of rent from a tenant shall apply in wriling to the Assistant Colectan Serezeapan Second Grade, having jurisdiction; who Send a notice, in the form prescribed, to the tenant either,to deposit (he rent Or value (hereof, if payable in kind Or,give proof of having paid it Or of (he fact that he is nol liable (o pay the whole O part of (he rent Or of (he fact of the landlord' s refusal to receive the same or to give a receipt; within the period specified in the nolice_ Where_ after sunmary deter: mination, as provided for in sub-Section (2) of section 10 of this Act, the Assistant Col; lector.finds that the tenant has not paid or deposited the rent, he shall eject the tenant summarily andput (he landowner in pos- session of (he land concerned
'New section 14-4, added by Punjab Act Xl of 1955.
PUNJAR SEcURITY Or' LAND) 243 of 1953] THTENURES ACT, 1953 landlord reluses (0 acccpl rent from (iii) (a) if a dcmands rent in cxccss ol what or ke ,s endiRlca" d under (his Act, or reluses (o hc is (hc (cnant may' in writing in- givc a heccipsistaln{ Collector, Second Grade, Torm thc having jurisdiction or (hc fact recoiving such applicalion (hc Assistant on shall by a writlen notice require 'olleciodloral accept the rent payable in the (0 with this Act, Or to give a receipt, accordance be, OT both, within 60 days as the case moy of the receipt thc nolice ]
1[15] Saving of tenancics of land acquired by the Central from mala fide idecraoier %16. Save in the case #ime being in force:; or Government] under any Jaw (oahs other disposition Govet beiepsy Inheritance ,"cebzuafe %9581, sha]l affect the bflandenfecied alterthe %s Feerua Ac;;] 3gl.5@f ibe tenant thereon under Right of certain {e8- the contrary con- ants t0 preempt Notwithstanding anything_(0 to the sale, etc , of land. 17_ or "contract, and subject tained in any law, usage iandowner olher than Provisions 0k section 18,tenant ol a a small landowner, occupation of the who has beeg_in conliguoenaocgt for a period comprised in his land 'Qate of (he Sale o cacceding four years % Ohe hea right ( redeem (he land or foreclosure o Ihe land, or (hat has taken (ii) in case of a sale Or Torcclosurhin] " period of shall take place ol his place or (he commencement three years fron has acquired nl0 {enant who Acl and there is afighi under clause () aller (he L4th who Was ejecled (1934,(eanaCbe belore the com- and '8ayor Augus?'4h9s7AdI grounds other on mencemenf' of' this of 1959, scctin 5. 'Omitled by Punjab Act No. 32 of' 1955. Funjab Rcorganisalion Substituted by Punjab Act XI Dmnet:t" by the October, 1968. 'Substituted for Ie words SiseaGoed" Concurfen: Subjects) = (Chandigarh} (Adapttion of Zaws on Stale = a d
244
THE PUNJAB SECURITY OI' LAND TENURES AcT, 1953
Ihan (hose mentioned in seclion 9, in continuous and occupalion of was thc comprised in his tenancy (or land a excceding four years Ihc period on dale cjcctment, Or of his
who has been restored (0 his (enancy the . provisions of (his under Act and period whose of continuous occupation of the iand comprised in his tenancy immediately before ejectment and immediately after restoration of his (enancy (ogelher exceed four years, Punjab Act I of 1913. shall, in Prelerence to the rights of other pre-emptors Provided in the Punjab Pre-emplion as Act, 1913 (Act ] of 1913), except the descendants o/ vendor s grand-father; be entitled to pre-empt the sale or foreclosure of (he Jand other than the land comprised in the reserved area of the landowner in the manner prescribed in that Act within one year from the date of fhe sale or foreclosure, as the case may be
Provided that no tenant referred Io in this sub-section shall be entitled to exercise any such right in respect of (he land or any portion thereol, if he had sublet the Iand or 'he porlion; as the case may be, to any Other person unless during that period (he tenant was suffering from a legal disabiity O physical infirmity, Or,il & womaz, Was & widow or was unmarried . Cerlain sales of J17-A_ (2) Notwithstanding anything to the conl- tenancy land not rary contained in this Act pre-emptible: or the Punjab Pre-emption Act, 1913,a sale of land comprising the (enarcy of & tenant made {o him by the Tandowner shali nol be prc-emptible under he Punjab Pre-emption Act, 1913, and no decree of pre- emption passed after (he commencement of (his Act in respecl of any such sale of land shail bc executed by any courl
Provided (hat for (he purposes of this sub-section the expression (enant includes & joint tenant (0 Whom whole or
'New sections 174 and 17B, inserted by Punjab Act No. 4 of 1959, scction 3.
[Act-X
TE PUNJAR SrCURITY OF LAND) TNURES Act, 195}
245
of 1953] ol Ihe land comprising (he joint (enancy is sold by part landowner. Whcre, a/er thc (2) coimincnccimcnit ol (his Act, a t0 whom the land comprising his tcnancy is sold tcnahe ' {andowner, has bccn dispossesscd 0/ such Iand by & by the in exccution ol" a prc-cmptor" decrce for . pre-emption or otherwisc thc tcnant So dispossessed shall in thc prescribed havc (hc oplion either (0 purchase (he iand from manncr pre-emplor on payment of the price paid to the tenant the the pre-emptor or to0 bc rcs(orcd to his tenancy under by 0n the samc terms and conditions on which the 25c-6c13 85 9ii9hc umcdiatety i(was held before the sale, on an application made by him to an Assistant Collector of the firsi grade having jurisdiction within a period o one_year from thc commencement of the Punjab Security of Land Tenures (Amendment) Ordinance, 1958_
(3) An application received under sub-section (2) shall be disposed 0r by the Assistant Collector o the first grade in the manner laid down in sub-section (2) of section 10
17-B (1) Where, alter the commencement ol this Certain mortgage Acl, Jand comprising ihe tenancy of a tenant is mortgaged {enantdeemnder' landowner and such land is tenants to him with possession by the the Act. subsequently redeemed the landowner, the tenant shall, nole withstanding sucK redempindo or any Olher law for the time being in Torce, be deemed to be the tanant of the landowner in respect 0l 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 & tenant referred to in sub-section (1) has been dispossessed by the landowner in execution of " decree or order of redemption, he shall be entitled (0 be reslored l0 his lenancy in the prescribed ma nner On the Same terms and condiions on which it was held by him iminediately before the execution ol' the mortgage on #n #pplication made by him (0 an Assistant Collector of the first grade ha ving jurisdiction within a period ol" one year (rom the commencement of the Punjab Security of Land Tenu res (Amendment) Ordinance, 1958.
246
TE PUNJAD SECURITY OF LAND TENURES AcT; 1953 [Act X () An application rcceived under sub-seclion shall'be disposed o by (he Assistant Collector of (2) the first grade in the manner iaid down in sub-section (2) of sec- tion 10.] Rizhts of certain 18. (1) Notwithstanding anything to (he contrary Ienants t0 pur- containcd in any law, usage or contract, a chasc land. tenant of Uhan small landowner a landowner othcr who has been in continuous occupalion of the land comprised in his tenancy fOr J[a mini- mun period of six years]; or ii) who has been restored to his tenancy under the provisions of this Act and whose periods of continuous occupation. of the land comprised in his tenancy immediately before ejectment and immediately after restoration of his ten- ancy together %[amounts to six years o more]; or (iii) who was ejected from his tenancy after the 14th day of August 1947, and before the commencement of this Act, and who was in continuous occupation %f the land comprised in his tenancy for a %[of six years Or beleriod more immediately his ejectment]; shall be entitled to purchase Irom the landowner the Jand so held by him but not included in (he reserved area of the landowner , in the case of a tenant falling within clause Or clause (ii) at any time, and in the case Of a tenant falling within clause (iii ) within a period of one year from the date of commencement of this Act Provided that no tenant referred to in this sub-section shall be entitled [0 exercise any such right in respect of the land Or any portion (hereof if he had sublet (he land or the portion,a5 ihe case may be; (o any other person during any period of his continuous occupation, unless during thal period the (enant was suflering from a Tegal dis; ability O physical infirmily, Or, if a woman, was a widow or was unmarried Provided further that if the land intended t0 be pur - chased is held by another (enant who is entitled (0 pre- empt the sale under (he next preceding section, and who is not accepted by the purchasing tenant, the tenant in actual occupalion shall have the righi to pre-empt the sale. 1Substituted by Punjab Act XI of 4955, for the words "3 period of twelve years' Substituted by Punjab Act XI % 1955, for the words exceed twelve years 'Substituted by ibid for "excceding (welve years, OD the date of his ejeclment'
of 1953]
TH PUNJAn Sncuriy ( LAND TENURES AcT, 4953
247
2) A tcnant dcsirous of purchasing land undcr sub- scclion (U) shall makc an @pplication in Writing '0 an Assis- tant Collcclor of Firsi Gradc having jurisdiciion ovcr (he Iand concerned, "[* *] and thc Assisiant Collector, after giving noticc t0 {nc landowner and to all olher persons interesicd in thc land and altcr making such inquiry as he thinks fil, shall ?determinc] the valuc of the land which shall bc thc average of (hc prices oblaining for similar land inathe iocality during 10 ycars immediately preceding the date on which the application is made 3[(3) The purchase price shall be three-fourths of the value of land as SO determined_ The tenant shall be competent to pay the (a) price either in a lump sum or in six monthly purchase instalmenis not exceeding ten in the manner prescribed purchasc price or the first instalment (b) On the thereor, &s the case may be, being deposited, (he 'einna5 The owner of the shali be deemed to_have become 'Collector shali, wherc the tenant is not and the Assistant end subject to the provisions of the Puaidg Tenoncgssict- (n_sabiest9 put him in possession Punjab Tenancy thereof _ default is committed in the_paymentc of any c) If a outstanding balance shall of the instalments, the entire entitled to receive it, bc on application by the person recoverable as arrears o Jand revenue] . at the time of VGJa Dr €he land iS subject (0s5 "oorheagenanthunencum- pass to the the purchasc, thc land shall debt shall be a bcredutynase mortgage; but chc mortgage charge on the purchase money_ as aforesaid the Assis; (6) If there Is,"O such chargc difectons which he may tant Collector shall, subject (0 Iny purchase money to thc receive from any couri, pay the landowner _ charge, Ihe Assistant Colcctoc (7) IC there is such & inthe discharge of the as aforesaid , apply money as is shall, subject of the purchase debt So much (hc balance, il any; to Eeqricege fdcbha;ourposir nde pu money pending retain purchase the landowner; or {has {utbo person or persons {hc decisoom0l a civil Court as entitled thereto_ land" , omilled by Punjab Act value of such "The words "for determining the by Puniab, Act XI ol 1955. XI o 1955_ Substituted for the word "Tix' substituted by ibld: Sub-section ; (3) and (4)
248
T1 PONJAn SECURITY 0F LAND TTNURES AcT; 1953 [Act Scrtions /7 and I5 10_ Io Nothing containcd in scclion noi Ic arrh 17 Gnzin prn" shall cect any land which is cvacucc or scction and I0(nants in thc Administration properiy, of Evacucc as 18 Properiy _ defined (AAIT f 1950) '[* #] o any oiher Act _ land` 1950 mzy 31any time be'acquired by for the Central which reselilement of displaced' persons . Government Bar of futur acqui: sition of land ir "19-A. (1) Notwithstanding cxa 0f cjs - trary in any Iaw_ custom, anything (o the sibk a7a. from and after usage, contract or con- the of Land Tcuree COAmeGerent 0r thecPunjag ecuen;, lndrondeeno1 Ordinance, Security person; whether as or 1958, or possess by tenant; shall no transfer; ment exchange, any lease, land , , which with agreemnena orGeuice` owned or held or by him, without the Tandoa] permissible shall in the aggregale eady area exceed the Provided that lands nothing belonging in 10 this section shall for purposes 0f cegisaered Co-%perativo socielles Polmea an co-operalive farming formed individual member ol the if the land permissible society owned by area _ does not exceed the (2) Any transfer, in exchange, sectionade lease, contravention of agreement or seltle- (1) shall be nuli and the provisions of Furure void _ sub- acqiusition of land by inhcri- 19-B_ Dermiibi K297 if tenec after the "[Subject to the We_ whelher commencement provisions of section 10-A, a5 Jand-owner of by this bequest Or Act_ tenant, any. person, land or gilt or if from a person acquires by Inheritance O the alter the 30th to whom he is an heif any July, 1958 Comy Decsoien: exchange; of this Act and beforc aftcr Icase , such agreememecsoschas acquired by runsfer; other Or comicncement_ settlement manncr any land, or"' iL, any land,] cany_person acquires 7n which, any with or without the lands of 'The 1959, section Words 4. at the commencement of this Act" omitted by Punjab Act No. 32 section #New 4 scctions 194, 19B, 19C and 191) , inserted by Punjab #Substituted Act No. 4 of 1959, whether person as landowner For the Words to whon Or tenant, "ic, alter belore he is an the the 30th heir vacquires by commencement aecement July, 1958, anY inheritance of this land 61 if Act, any person, from Or St (Ulemen anY petson after Or the has bequest 301h Or gift from & July, 1958, any land" acquitehe fommencemeni 02 hl"Acto and vide section by Punjab Act No. by transter, 14 of exchange; leasce; 1(2). 1962, seclion 6 With effect
of 1953]
THE PUNJAB SECURITY O' LAND TENURES AcT, 1953
249
alroady owned or held by him; excced in (he aggregate (hc permissible area, then he shall, within (he period pres- cribed, furnish to 4he Collec(o , a relurn in (he prescribed form and manner giving (he particulars ol all lands and the land not exceeding in selecting (he aggregate the permissible area which he desires 7o relain, and if ihe land person is silualed in more (han one pawar circle, of such shall a/50 furnish a declaration required by seclion 5-A: be 1f he (ails to furnish the return and select his (ithilhdheaprescribed period_ then the Collector may land him obtain ihe information required to be in respect of in {he relurn (hrough such agency as he maydeem shown select the land for him in the manner specified in sub-ecidoze (2) of section 5-B]: If such person fails to furnish the declaratiou, the 3) provisions Of section 5-C shall apply. land of such person shall be at (he diss The excess fof utilisation as surplus posa] Of (he '[Central Govzrnmeni] or for such other area under clause fa) ? Gccerentj IIy By Bockicatio purpose as the H[Central Government] direct . Power to cause do- Irom lime (o time by may livery of pOS- 19-C . (1) The Collector the tenant to session of surplus order in writing direci the Tand-O ncsurplus area to the area _ his acdevern possession olihe Jandin %[Central "Government] resettled on such lana by (heiSin (en days of the person enipowered by it or any oflicer of the order on him. service reluses or fails or (enant land-owner , order made (2) If Ahe cohpiy with an CauSe (he posses - without Teasonable Sause Collcoror may delivered to the under sub-section (1) (he surplus area t0 be e use such sion of (he land in (he for that purpos resel(led on it and may person necessary. Exemption of force as may be apply to certain Tands. shall nol of (his Act provisions Armed Forces of the 19-D_ The members of the lands granted (0 any Union for gallantry . from Ihc JOth July, 1958, of 1962, with effect No. 14 Rcorganisation 'Added by Punjab Act Government" by the, Punieti Subjects) Ordes, 1968. vide sections 6(2) and 1(2). ?Substituted for the words "State and Concurrent (Chandigarh) (Adaptation of Laws on State
250
THE PUNJAB SECURITY OF LAND TENURES AcT, 1953 [Act X Iand cerrd br '[19-E. Notwithstanding anything Hindu undiidcd contained Act or in Othcr law for thc time in Tni bc being in (his IC Corce, _ drmcd land of onc land-c"tc . %(a) #herc, immediatcly bcfore the commencement of this Act, a land-owner and his decendants constitute a Hindu undividcd family, such family the land owned by shall, for the purposes of this Act, be deemed t0 be (he land of that land-owner and no descendant shall, as member of such family, be entitled t0 claim that in respect of his share of such land he is a land owner in his own right and a partition of land owned by a Hindu un- divided family referred to in clause (a) shall be deemed to be 2 disposition of land for the purposes of section 10-A and 16_ Explanation .~In this section, the expression sdescen- dant includes an adopted son_ Renaialoube' 19-F. For the removal of doubts it is hereby de: clared, (a) that the :[Central Government] or any officer empowered in this behalf shali be competent 'nserled by Punjab Act No. 14 0f 1962, with effect from the 1Sth April, 1953, ride ections 7 and ] (2 )_ #Section 1 0f Punjab Act No. 14 of1962, reads as follows 11. Notwithstanding anything contained in this Act or the rules made tbsreunder Or in any Other law for ihe time being inforce or in any judgement, de- Gee or order of any court or other authorily _ (a) where the surplus area in respect of the land owned by a Hindu undivided Tamily referred 0 in clause (4; of section '19-E of thc principal Act, has becn delermined "nder that Act at any time before the commencement of this Act by any authority competent t0 determnine such area, whether by ignoring tbi parlition ol any such Iand made after tlic commencement the principal Act OI Othierwise, such determination shall be valid and shall De decled ala, 'oiave an shall HOt be bcen valid questioned on thc gound ihat ihe descendants of ihe iand-OW' 'Hers conslituting with him tlc were land. Hindu undivided family uwners in their Own in such land right in respecl ol their shares Or On the ground that the partition had been ignored 6) where anorder under sub-scction (2) of section 5-B or sub-section hjr ofecction 5 C,in respeci of ihe_surplus arca of any person, been passed powers of # by & Revenue Officer exercising the Collector pur such pOnling to act as ihe preseribed auihority ' bucn order shall be valid valid and shall be deemed always to have and shall not bc wals not questioned On the ground that it passed by the_Prescribed authority; Substituted for thewords Reorganisatis o0 'Stale Government by the Punjab (Chandigarh) (Adaplation of Concurfent Subjects) Order, 1968, Laws on State and
TIE PUNJAB SECURITY OF LAND TENURES AcT, 1953
251
of 1953]
and shall be deemed always (o havc been competent, to determinc in (he prescribed manner the surplus area referred to in section 10-A of a land-owner out of_the lands owned by such land-owner immediately before the commencement of this Act and that for evaluating.the land of any person at any time under this Act _ the land owned by him immediately before the commencement of this Act, or the land acquired by him after such commencement by inheritance or by be- quest 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 commence- ment, and that the land acquired by him aftef Such commencement in any other manner shall be evaluated for converting into stan- always dard acres as if the evaluation was deing made on the date of such acquisition]: Act shall entitle a Recrictions On 20_ Nothing contained in this land in excess f the permissible area, tenant t0 purchase including the land which he may already own. in this Act shall affect Sani ieoees' and stenades 21. "IQ)4 NothingCOtissed indasGoveshmeateor Goverment: any land held by a tenant or lessee land . iocal bodies in the State, Or any unallotted evacuee of section 9, 9-A and The provisions (a8eshdi J[(2) not apply to iands leased %4k Eimited unibhisseatauder oDerappe Lond Mortgage Baakvoriage Bstnblished {S71 ihe Punjab Co-operative Land Mortgage for Power t0 remove %Central Government] may, difficulties (1) The b 921-A_ "removing any hardship or or oaisioziou preventing in the purpose of general order, to be notified in certain cases. difficulty; by_& Special or of the provisions of the oflicial' Gazette, ditect that any of that_section and uftef 4 sub-gaton 'Section 21 renumbered as sub-section (ac by Punjab Act No: 14 of 1962, (1) so renumbered a new Sub-section (2) added scction 8, 2Ncw added by Punjab Act XI of 1955 . section 21-A Re-organisation 'Subslituted for the words "State Governna onyrteaFsniiecB58534,4988 (Chandigarh) (Adaplation of Laws o State and Concurrent
252
THE PUNJAI} SECURITY OP LAND TENURES ACT, 1953 [ Act X this Act shall_apply (0 any class of tenants with such modifica ions as may be specified n or that owners (2) Any ordcr made undcr sub-section (1) shall order belore boththc Houses of (he Legislature be during laid next Sollowing atter thc makinggol sucl Orderg dhd session the said order, is approved by bolhcmhordeousend unless Legislature, with or without modificalion; it shalit of (he have effect .] cease to Procedure for 1[22. Any dispute relating to cjectment. rent tenant or any objection payable relating to the by a 381 Olherwiseyc oprecsi? providcd {or {he besmicsibic area, delermined in Act, a summary manner shall be tion 14-A as provided provided that the order of the for,in sec- in appeal or revision Commissioner in the final :] ordinary course, shall be
Abrogation of 23. No decree or order of orading dccrnd' no notice of ejectment shall any court or authority and notices. which it is consistent be valid save to the extent to with the provisions of this Act Appeal, review and revision_ 24. The provision in revision under this Act regard to appeal, review and shall, as so far as provided in sections may be; be the Same 80, Tenancy 81, 82 Act , 1887 83 and 84 of the Punjab (Act XVI of 1887) . Power t0 924-A _ (1) Where SPiand-oshaccs with other a land-owners land-owner owns land jointly in joint lands. thereof, as ascertained and his share of such land from or part or is t0 be declared (he record of rights, has been to declare such as surplus area, area, the,officer competent the ollicer compeeen Oo Wlere such area has been declared, aftersummary 4o utilise it,may on his On motion, ested `4muchYanaqui* OPnd affording to the persons inter- his share of suchdand " opportunity of being heard, separate him jointly with Or part thereof in (he land owned by (2) Olher land-owners . Where, of after (he any Persorcand before dcclutiifiow of (he surplus area has been subjected the utilisation (hereod, his land oflicers relerrecctedinto the process of consolidation; the feparate (he surplus reboection (1) Shalfbsocompotent % land oblained by hinred tof such Person out 0 ihe area of after consolidation:] 'New "Substituted , by Punjab Section 24-A Act Xl of 1955, inserted 6y Funjab Act No. 14 of' 1962, section 9.
of 1953 ]
T PUNJAR Src URIT Y OF: LAND 253 TENURES Act; 1953
25. Except in accordancc with Ihc provisions of this Exclusion o( Acl (he validity ol any procccdings or order (aken Or madc aorhoritiend undcr this Acl shall not be callcd in question in any couri Or before any othcr authorily. 26. No suit OT other legal procccdings shall lie Indemnity. against any authority in respect ol anything done in good faith in pursuance of the provisions of this Act, 27. The 1[Central Government] may, by notification Power t0 make rules: in the official Gazette make rules for carrying out the pur- poses of this Act . Repvings and 28. The Punjab Tenants (Security_of Tenure) Act; 1950 (Act Xil of i950), and the Punjab Tenants (Security Act; 1951 (President's Act V of of Tenure) Amendment are hereby repealed but; notwithstanding such 1951) repeal and notwithstanding the expiry of the Prevention of Ejecimend (iemporary Powers) Ordinance; 1952,anytiveg any action taken in the exercise of any power done or conferred by o under the said Acts Or the said Ordinance conle exteny O1 tsGeingeconsisten;-with {he Pcovisicn % or taken this Act, shall be deemed to have been done if Cxercise o8 he powers conlerred by O under Iisthict; % this Act was in force on the day on which such thing was done or action taken _
'Substituted for the words "State Government by the reniatsuBecesy aider; tion (Cubndigerk foAdapWoton 0f Laws on State and Concurrent 1968.
Roop's Law Assist