LexThe Tenancy and Agricultural Lands Act, 1955 (PEPSU)
Haryana · state statute
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1955 : Pepsu Act 13] TENANCY AND AGRICULTURAL 113 LANDS
CONTENTS
CHAPTER 1
PRELIMINARY
SECTIONS.
< 1. Short title, commencement and duration.
2. Definitions.
3. Permissible limit.
4. Act to override other laws.
CHAPTER II
RESERVATION OF LAND FOR PERSONAL CULTIVATION
5. Reservation of land for personal cultivation.
5-A. Reservation of additional land for personal cultiva- tion in certain cases.
6. Land reserved for personal cultivation to be notified.
CHAPTER III
GENERAL RIGHTS oF TENANCY
7. Termination of tenancy.
7-A. Additional grounds for termination of tenancy in certain cases.
8. Security of tenure to certain tenants.
8-A. Certain sales of tenancy land not pre-emptible.
8-B. Certain mortgagees to be deemed as tenants under the Act.
9. Maximum amount of rent payable,
10. Determination of rent.
11. Receipt for rent. :
12. Prohibition against recovery of excessive rent. 13. Liability to refund amount unlawfully recovered.
14. Bar on eviction from dwelling-house,
"15. Option to tenant to purchase site of dwelling-house.
16. Right of tenant to make improvements on land. 17. Compensation for improvements,
18. Devolution of tenancy on death of tenant. 19. Rights and privileges of tenants under other laws not affected.
AE.
{14 TENANCY AND AGRICULTURAL [1955 : Pepsu Act 13
LANDS
CHAPTER IV
SECTIONS.
ACQUISITION OF PROPRIETARY RIGHTS BY TENANTS
20. Definition of ‘tenant’. |
91. Application of this Chapter to evacuece lands.
22. Acquisition of proprietary rights by tenants.
23. Determination of compensation for acquisition of
proprietary rights,
24. Tenant may abandon his intention to acquire pro-
prietary rights.
95. Forfeiture of right to acquire proprietary rights.
96. Principles of compensation for acquisition of
proprietary rights.
27. Compensation payable in instalments.
28. Payment of compensation to landowner.
29. Recovery of land revenue, ete, from tenants and
their right to set off the same against rent.
99-A. Right of landowners in certain cases to enforce
acquisition of proprietary rights by tenants.
30. Proprietary rights to devolve on heir.
31. Bar of transfer of ownership rights.
32. Certain transfers not to affect rights of tenants under
this Chapter.
CHAPTER IV-A
CEILING ON LAND ak ACQUISITION AND
DISPOSAL OF SURPLUS AREA
32-A. Ceiling on land.
32-B. Returns by persons having land in excess of the
ceiling.
39-BB. Declarations supported by affidavits to be furnish-
ed by certain landowners and tenants.
39-C. Collection of information through other agency.
39.D. Submission of statement to Government.
39.DD. Future tenancies in surplus areas and certain
judgments, ete, to be ignored. -
39.E. Vesting of surplus area in the State Government.
32-F. Power to take possession of surplus area.
29.FF. Certain transfers not to affect the surplus area.
39.G. Principles for payment of compensation.
1955 : Pepsu Act 13] TENANCY AND AGRICULTURAL 115
LANDS 1
SECTIONS,
32-H. Payment of compensation,
32-J. Disposal of surplus area.
32-K. Exemptions from ceiling on land.
32-KK. Land owned by Hindu undivided family to be deemed land of one landowner.
32-L. Ceiling on future acquisition of land,
32-M. Ceiling on future acquisition by inheritance,
32-MM. Power to separate share of landowners in joint lands.
32-N. Definition of ‘public purpose’, ‘surplus area’ and ‘land’,
32-NN. Removal of certain doubts.
CHAPTER, IV-B
CONSTITUTION OF LAND COMMISSION
32-P. Constitution of Land Commission and functions thereof.
CHAPTER V
33 to [Omitted.].
38.
CHAPTER VI
MisceLLaNEOUS
39. Appeals and revision.
40. Correction of clerical errors.
41. Officers holding enquiries to have powers of civil courts.
42. Penalty for making false statements.
43. Summary eviction and fine.
44. Certain officers to be public servants.
45. Procedure.
46, Court-fees.
47. Bar of jurisdiction.
116 TENANCY AND AGRICULTURAL [1955 : Pepsu Act 13
SECTIONS.
48.
49.
50.
51.
LANDS
Protection of action taken under this Act.
Mode of recovery of compensation and penalty.
Delegation.
Exemption of certain lands.
51-A. Exemption of lands granted for gallantry before
52.
53.
26th January, 1950.
Power to make rules.
Repeal and saving.
9
1955 : Pepsu Act 13] TENANCY AND AGRICULTURAL 117
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'THE PEPSU TENANCY AND AGRICULTURAL
LANDS ACT, 1955.
(Act No. 13 or 1955)
[Received the assent of the President on the 4th March,
1955, and was first published in the Patiala and East
Punjab States Union Gazette, Extraordinary, of the
4th March, 1955].
1 2 3 4
Year| No. Short title Whether affected by later legislation
Amended by—
1955 13 | The Pepsy Tenancy and| Pepsu Act No. 27 cf 19552 Agricultural Lands Act,| Pepsu Act No. 9 of 1952 1955 Pepsu Act No, {5 of 19564. Punjab Act No. 43 of 19575,
Punjab Act No, 3 of 1959, Punjab Act No, 16 of 1962?
Punjab Act No. 27 of 19628 Punjab Act No, 11 of 1968°, Punjab Adapiaticn of Laws (State and Concurrent Subjects) Qdrer, 1968.
Punjab Act No, 29 of 19691, Punjab Act No. 1¢ of 197312
For Statement of Objects and Reasons, see Patiala and East Punjab States Union Gazette (Extraordinary), 1956, Group C, Part ITI-Section 1, page 886; for proceedings in Assembly, see Pepsu Legislative Assembly Debates, 1955.
2For Statement of Objects and Reasons, see Patiala and East Punjab States Union Gazette (Extraordinary), 1956, Group C, Part ITI-Section I, page 579 ; for proceedings in Assembly, see Pepsu Legislative Assembly Debates, 1955.
3For Statement of Objects and Reasons, see Patiala and East Punjab States Union Gazette (Extraordinary), 1956, Group C, Part ITI-Section I page 228 ; for proceedings in Assembly, see Pepsu Legislative Assembly Debates, 1956.
*For Statement of Objects and Reasons, see Patiala and East Punjab States Union Gazette (Extraordinary), 1956, Group C, Part III-Section I, page 288 ; for proceedings in Assembly, see Pepsu Legislative Assembly Debates, 1956.
fFor Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1957, page 1686 ; for proceedings in Assembly, see Punjab Legislative Assembly Debates, 1957. SFor Staternent of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1958, pages 1553-54; for proceedings in Assembly, see Punjab Legislative Assembly Debates, 1958. “For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1862, page 642, R SFPor Statement of Objects and Reasons, see Punjub Govermment
Gazette (Extraordinary), 1962, pages 1610-1611, . oFor Statement of Objects and Reasons, see Punjab Government
Gazette (Extraordinary), 1967, Page 448.
For Statement of Objects and Reasons, see Punjab Government
Gazette (Extraordinary), 1969, page 1130. R
For Statement of Objects and Reasons see Punjab Government
Gazette (Extraordinary) 1972, Page 1471.
Short
commence~
ment
duration,
Definition.
118 TENANCY AND AGRICULTURAL [1955 : Pepsu Act 13
LANDS
An Act to amend and consolidate the law, relating to
tenancies of agricultural lands and to provide for
certain measures of land reforms.
It is hereby enacted in the Sixth Year of the Republic
of India as follows :—
CHAPTER I
Preliminary A
1. (1) This Act may be called the PEPSU Tenancy
and and Agricultural Lands Act, 1955.
(2) The provisions ‘Isection 7-A and Chapters IV,
IV-A and IV-B shall save as otherwise provided in those
provisions, come into force on the date of commencement
of the Pepsu Tenancy and Agricultural Lands (Second
Amendment) Act, 1956], but the remaining provisions
shall come into force on the sixth day of March, 1955
2 * * * * * *1
2. In this Act, unless the context otherwise re-
quires,—
(a) ‘allottee’ means a displaced person or a group
of such persons to whom land is allotted in
pursuance of the scheme contained in the noti-
fication of the Department of Rehabilitation
No. 9R, dated the 23rd July, 1949, or in pur-
suance of any other scheme for allotment of
evacuee land to displaced persons which the
State Government may, by notification in the
Official Gazette, specify for the purpose of this
Act, and includes—
(i) the legal representatives of such displaced
persons; and
(#1) in the case of an allotment to a group of
displaced persons, each such person and
his legal representatives;
1Substituted by Pepsu Act No, 15 of 1056, 2Sub-section (8), as amended by Pepsu Act No. 27 of 1955 and Pepsu
Act No. 9 of 1956, omitted by Pepsu Act No. 15 of 1956.
1955 : Pepsu Act 13] TENANCY AND AGRICULTURAL 119
LANDS
(b) banjar land’ means land which has remained
uncultivated for a continuous period of not less
than four years immediately preceding the date
on which the question whether such land is
banjar or not arises;
) '[ (bb) “Collector” has the meaning assigned to it
in the Punjab Land Revenue Act, 1887 (Punjab
Act XVII of 1887), and includes any officer not
below the rank of an Assistant Collector
specially empowered by the State Government
to perform all or any of the functions assigned
to the Collector under this Act.]
(¢) “Commissioner” has the meaning assigned to it
in the Punjab Land Revenue Act, 1887 (Punjab
Act XVII of 1887), and includes any other
officer specially empowered by the State Gov-
ernment to perform all or any of the functions
assigned to the Commissioner under this Act;
(d) “evacuee land” means land which is or which is
deemed to be evacuee property under the
Adminitsration of Evacuee Property Act, 1950
(XXXI of 1950);
(e) “khana damad” means a person who having
married the daughter of a landowner having no
male issue lives along with his wife in the
house of his father-in-law and who accord-
ing to the custom is treated by him as his
son;
(f) “landowner” has the meaning assigned to it in
the Punjab Land Revenue Act, 1887 (Punjab
Act XVII of 1887), and includes an allottee;
*[Explanation.—In respect of land mortgaged
with possession, the mortgagee shall be
deemed to be the landowner.)
Inserted by Punjab Act No. 3 of 1959, sectiin 2.
2Fxplanation added by Pepsu Act No. 15 of 1956.
120 TENANCY AND AGRICULTURAL [1955 : Pepsu Act 13 LANDS
(9) the expression “to cultivate personally” with
its gramatical variations and cognate expres-
sions means to cultivate on one’s own account—
(i) by one’s own labour, or
(ii) by the labour of such of one’s relatives, as
may be prescribed, or
(iii) by servants or hired labour;
(h) “prescribed” means prescribed by rules made
under this Act;
(1) “standard acre” is a measure of land converti-
ble with reference to the yield from, and the
quality of, the soil, into an ordinary acre ac-
cording to the prescribed scale;
(j) “State” means the [territories of the State of
Punjab which, immediately before the 1st
November, 1956, formed part of the State of
Patiala and East Punjab States Union.]
(k) “tenant” has the meaning assigned to it in the
Punjab Tenancy Act, 1887 (Punjab Act XVI
of 1887), but does not include a person—
(i) who holds a right of occupancy, or
(#1) who is relative of the tenant within the
meaning of sub-clause (2) of clause (g);
(1) “the President’s Act” means the Patiala and
East Punjab States Union Tenancy and Agri-
cultural Lands Act, 1953 (President’s Act 8 of
1953); |
(m) all other words and expressions used herein
and not defined but defined in the Punjab
Tenancy Act, 1887 (Punjab Act XVI of 1887),
1Substituted for the words “State of Patiala and East Punjab States
Union’ by the Punjab Adaptation of Laws (State and Conenrrent
Subjects) Order, 1968.
1955 : Pepsu Act 13] TENANCY AND AGRICULTURAL 121
LANDS
or the Punjab Land Revenue Act, 1887 ( Punjab
Act XVII of 1887), shall have the meanings
assigned to them in either of those Acts.
3. '[(1) “Permissible limit” for the purposes of this Permissible Act means thirty standard acres of land, and where such thirty standard acres on being converted into ordinary acres exceed eighty acres, such eighty acres :
Provided that in case of an allottee,—
(a) who has been allotted land exceeding forty standard acres, the permissible limit shall be forty standard acres and where such forty standard acres on being converted into ordinary acres exceed one hundred acres, such one hundred acres; and
(b) who has been allotted land exceeding thirty standard acres but not exceeding forty standard acres, the permissible limit shall be equal to the area of land allotted to him].
*[‘Explanation.—for the purpose of determining the permissible limit of an allottee, the provisions of the proviso shall not apply to the heirs and successors of the allottee to whom land is allotted.’]
(2) For the purposes of computing the permissible limit under sub-section (1)—
(a) where a person holds some as a landowner and some other land as an allottee both kinds of land shall be included;
(b) land occupied by an occupancy tenant shall not be included in the holding of the landowner but if shall be included in the holding of the occupancy tenant in whom proprietary 1Sub-section (1) substituted by Pepsu Act No. 15 of 1958, 3Explanation added by Pun; jab Act 16 196. i Ly 30th October, 1956,—vide sections 2 and 3 (39. 02 "il effect from the
Reservation
of land for per- Jandowner owning land exceeding thirty standard acres
sonal cultivation. 1 211 be entitled to select for personal cultivation from the
land held by him in the State as a landowner any parcel or
parcels of land not exceeding in aggregate area the per-
missible limit and reserve such land for personal cultiva-
tion by intimating his selection in the prescribed form and
manner to the Collector :
122 TENANCY AND AGRICULTURAL [1955 : Pepsu Act-i3
(¢)
(d)
(e)
'I(F)
LANDS |
rights in respect of such land vest under
the Pepsu Occupancy Tenants (Vesting of
Proprietary Rights) Act, 1954 (18 of 1954);
where a landowner owns land jointly with other
landowners his share of such land as ascertained
from the record of rights shall alone be inclu
ded; :
where a landowner died within a period of six
months from the commencement of the Presi-
dent’s Act, the permissible limit shall be deter-
mined with reference to the land which has
devolved upon each of his successors-in-
interest, including any land held by such
successors-in-interest immediately before
the death of the landowner,
any transfer of land made by the landowner
after the commencement of the President's
Act shall be disregarded;
* #% %* # * # * #] .
4. Save as otherwise expressly provided in this Act,
other the provisions of this Act shall have effect notwithstanding
anything inconsistent therewith contained in any other law
for the time being in force or any instrument having effect
by virtue of any such law or any usage, agreement, settle-
ment, grant, sanad or any decree or order of any court
or other authority.
CHAPTER IT
Reservation of land for personal cultivation
5. (1) Subject to the provisions of this section, every
“ 11ause (f) omitted by Pepsu Act No. 15 of 1956.
i
1955 : Pepsu Act 13] TENANCY AND AGRICULTURAL 123
LANDS
Provided that in making such selection, the landowner
shall include to the extent of the permissible limit, all land
which he held for personal cultivation immediately before
the commencement of the President's Act.
(2) Theright conferred by this section on a landowner
to reserve land for personal cultivation shall cease if it is
not exercised—
(a) within a period of one year from the com-
mencement of the President's Act, where the
landowner is a member of the Armed Forces of
the Unien; and
(b) within a period of six months from such com-
mencement, in any other case.
15-A. Any landowner,—
(1) whose permissible limit has been altered under
the Pepsu Tenancy and Agricultural Lands
(Second Amendment) Act, 19586, or
(2) who on account of the provisions contained in
sub-section (2) of section 7A is not entitled to
resume reserved land or any part thereof, or
(3) in the case of an allottee whose allotment has
been modified or revised after the commence-
ment of the President's Act,
shall be entitled,—
(a) in any case where he has reserved land for
personal cultivation under section 5, to reserve
additional land for personal cultivation,
(b) in any case where he was not entitled to reserve
land for personal cultivation to reserve such
land for personal cultivation,
not later than the expiry of six months from the date of
commencement of the Act referred to in clause (1) and
the provisions of section 5 shall so far as may be, apply to
reservation of land for personal cultivation under this
1Section HA inserted by Pepsu Act No. 15 of 1956,
Reservation of
additional land
for pemsonal cul~
tivation in cer
tain cases,
124 TENANCY AND AGRICULTURAL [1955 : Pepsu Act 13 LANDS |
section as they apply to reservation of land for personal cultivation under that section. ]
fond seserved 6. (1) The Collector shall in respect of every land- tivation to be ify i : Hyation owner notify in such form and manner as may be pres-
Termination of
tenancy .
cribed the particulars of all lands reserved for the personal cultivation of the landowner under section 5 "for section 5A, as the case may be.]
(2) A copy of every notification issued under sub- section (1) shall, as soon as may be, be served upon the landowner concerned in the prescribed manner,
CHAPTER III
General Rights of Tenancy
7. (1) No tenancy shall be terminated except in accordance with the provisions of this Act or except on any of the following grounds, namely :—
[(a). * * * * LJ] * *1.
(b) that the tenant has failed to pay rent within a period of six months after it falls due :
*[Provided that no tenant shall be ejected under this clause unless he has been afforded an opportunity to pay the arrears of rent with- in a further period of six months from the date of the decree or order directing his ejectment and he has failed to pay such arrears during that period;]
{(c) that the tenant, not being a widow, ‘[a minor, an unmarried woman, a member of the Armed Forces of the Union ar a person incapable of cultivating land by reason of physical or mental infirmity] has after commencement of the President’s Act, sublet without the consent in writing of
1Added by Pepsu Act No. 15 of 1956. 2Clause (a) of sub-section (1) omitted by Pepsu Act No. 15 of 1958. 3Proviso added to clause (b) of sub-section (1) of section 7 by Pepsu Act No. 9 of 1956.
“Substituted by Pepsu Act No, 15 of 1956, section 7(2),
1955 : Pepsu Act 13] TENANCY AND AGRICULTURAL 125
LANDS
the landowner, the land comprising his tenancy
or any part thereof;
(d) that the tenant has, without sufficient cause,
failed to cultivate personally such land, in the
manner and to the extent customary in the
locality in which such land is situated;
(e) that the tenant has used such land or any part
thereof in a manner which is likely to render
the land unfit for the purpose for which it was
leased to him ;
(f) that the tenant, on demand, in writing by the
landowner has refused to execute a kabuliyat
agreeing to pay rent in respect of his tenancy in
accordance with the provisions of sections 9
and 10.
TR) + + * + x = A]
dditional ’[7-A. (1) Subject to the provisions of sub-sections Addit onal ter
(2) and (3), a tenancy subsisting at the commencement of mination of ten-
the Pepsu Tenancy and Agricultural Lands (Second 31Y in certain
Amendment) Act, 1956, may be terminated on the follow- )
ing grounds in addition to the grounds specified in section
7, namely :—
(a) that the land comprising the tenancy has been
reserved by the landowner for his personal
cultivation in accordance with the provisions of
Chapter IT;
(b) that the landowner owns thirty standard acres
or less of land and the land falls within his
permissible limit :
Provided that no tenant [other than a tenant of a
landowner who is member of the Armed Forces
of the Union] shall be ejected under this sub-
section—
(i) from any area of land if the area under the
personal cultivation of the tenant does not
exceed five standard acres, or
1Sub-section (2) omitted by Pepsu Act No. 15 of 1956 section 7(1). 8Section TA inserted by Pepsu Act No. 15 of 1956, section 8. 8niserted by Punjab Act No. 29 of 1969, section 2,
126 TENANCY AND AGRICULTURAL [1955 : Pepsu Act i5
LANDS
(ii) from an area of five standard acres, if the
area under the personal cultivation of the
tenant exceeds five standard acres,
until he is allotted by the State Government alternative
land of equivalent value in standard acres.
(2) No tenant, who immediately preceding the com-
mencement of the President’s Act had held any land conti-
nuously for a period of twelve years or more under the
same landowner or his predecessor in title, shall be ejec-
ted on the grounds specified in sub-section (1)—
(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 mem-
ber of the Armed Forces of the Union or a
person incapable of cultivating land by reason
of physical or mental infirmity.
Explanation.—In computing the period of twelve years,
the period during which any land has been held under the
same landowner or his predecessor in title by the father,
brother or son of the tenant shall be included:
i
(3) For the purpose of computing under sub-sections
(1) and (2) the area of land under the personal cultivation
of a tenant, any area of land owned by the tehant and under
his personal cultivation shall be included.]
hey, kn ‘[8. Subject to the provisions of section 7, every
tenants. tenant admitted after the commencement of the Pepsu
Tenancy and Agricultural Lands (Second Amendment)
ISubs. by Pepsu Act No. 15 of 1956, s. 9.
1955 : Pepsu Act 13] TENANCY AND AGRICULTURAL 127
LANDS
Act, 1956, shall hold land for a minimum term of three
years :
Provided that nothing herein shall apply to the tenant
of a person who is a widow, a minor, an unmarried woman,
a member of the Armed Forces of the Union, or a person
incapable of cultivating land by reason of physical or
mental infirmity.)
'[8-A. (1) Notwithstanding anything to the contrary Cortain sales of contained in the Punjab Pre-emption Act, 1913, a sale of tenancy land not land comprising the tenancy of a tenant made to him by the pre-emptible, landowner shall not be preemptible under the Punjab Pre- emption 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.
(2) Where, after the commencement of the President’s Act, a tenant, to whom the land comprising his tenancy is sold by the landowner, has been dispossessed of such land by a pre-emptor in execution of a decree for pre-emption or
otherwise, the tenant so dispossessed shall in the manner
prescribed have the option either to purchase the land from
the pre-emptor on payment of the price paid to the tenant by the pre-emptor or to be restored to his tenancy under the pre-emptor on the same terms and conditions on which
it was held by him immediately before the sale, on an application made by him to an Assistant Collector of the first grade having jurisdiction within a period of one year from the commencement of the Pepsu Tenancy and Agri- cultural Land (Amendment) Ordinance, 1958.
(3) On receipt of an-application “under sub-section (2) the Assistant Collector shall, after giving to the parties notice in writing and a reasonable opportunity of being heard, determine the claim summarily, and shall keep a memorandum of evidence and a gist of his final order with brief reasons therefor.
8-B. (I) Where, after the commencement of the Catan mort s ’ sed jc G2gess to he President’s Act, land comprising the tenancy of a tenant is Seemed as tone
‘New mections A and 8B inserted by Punjab Act No. § of 1050, So under the section 3. )
Maximum
amount
rent payable,
Determina-
tion of rent.
of
|
128 TENANCY AND AGRICULTURAL [1955 : Pepsu Act 13
LANDS
mortgaged to him with possession by the landowner and
such land is subsequently redeemed by the landowner, the
tenant shall, notwithstanding such redemption or any other
law for the time being in force, be deemed to be the tenant
of the landowner in respect of such land on the same terms.
and conditions on which it was held by him immediately
before the execution of the mortgage as if the mortgage
had never been executed. $
(2) Where a tenant referred to in sub-section (1) has
been dispossessed by the landowner in execution of a
decree or order of redemption, he shall be entitled to be
restored to his tenancy in the manner prescribed on the
same terms and conditions on which it was held by him
immediately before the execution of the mortgage on an
application made by him to an Assistant Collector of the
first grade having jurisdiction within a period of one year
from the commencement of the Pepsu Tenancy and Agri
cultural Lands (Amendment) Ordinance, 1958.
(3) An application received under sub-section (2)
shall be disposed of by the Assistant Collector of the first
grade in the manner laid down in sub-section (3) of
section 8A.]
9. Notwithstanding any agreement, usage, decree or
order of a court or any law for the time being in force, the
maximum rent payable by a tenant in respect of the land
leased to him shall not exceed one-third of produce of the
1and or the value of such produce, as the case may be.
10. (1) Subject to the provisions of section 9, the
rent payable by a tenant shall be—
(a) where the rent is fixed by an agreement in
writing, the rent so agreed upon; i
(b) where there is no such agreement, the rent
payable for the agricultural year immediately
preceding the period in respect of which the
rent falls to be determined; em
(¢) where it is not practicable to ascertain the vent
fer the previous agricultural year referred to
a
1955 : Pepsu Act 13] TENANCY AND AGRICULTURAL 129
LANDS
in clause (b), the rent payable according to the
usage of the locality;
(d) where the case does not fall under any of the
aforesaid clauses, a reasonable rent.
(2) The reasonable rent referred to in clause (d) of
sub-section (1) shall be determined by the prescribed
Qe authority who in determining such rent shall have regard
to the following matters, namely: —
(a) the rental value of any land leased for similar
purposes in the locality;
(b) the income from similar lands in the locality;
(¢) the prices of foodgrains and other commodi-
ties in the locality;
(d) such other matters as may be prescribed.
11. (1) Every landowner shall give or cause to be Receipt fox given a receipt for the rent received by him or on his ’
behalf in such form and manner as may be prescribed.
Ezxplanation.—A receipt shall be deemed to have
been given within the meaning of this sub-
section, if it is handed over to the prescribed
authority within seven days of receipt of rent
by the landowner or by any person on his
behalf.
(2) If any landowner makes default in complying
with the provisions of sub-section (1), the prescribed
authority may, by order in writing, direct him to pay a
penalty not exceeding three times the amount of land
od revenue payable in respect of the land relating to which.
the default is made.
12. Notwithstanding anything in any agreement, Prohibition
usage, or law for the time being in force, it shall not be ey Te lawful for any landowner— excessive rent.
(a) to recover from a tenant rent in excess of the
amount ‘specified in section 9 or section 10, as
the case may be, or
130 TENANCY AND AGRICULTURAL [1955 : Pepsu Act 13
LANDS
(b) to demand from a tenaht any cess, rate or tax
or service or payment of any description or
denomination whatsoever, in addition to the
rent lawfully recoverable under this Act.
Liabilit refund amoung 13. If the prescribed authority, after making such
unlawfully re- enquiry as it may deem fit, is satisfied that a landowner
) has recovered any rent, cess, rate or {ax or received any
‘service from any tenant in contravention of the provi-
sions of section 12, the prescribed authority may direct
the landowner—
(a) to pay the Government as penalty a sum not
exceeding ten times the excess amount re-
covered; and
(b) to refund to the tenant the excess amount re-
covered from him; or
(¢) where the landowner has received any service
from any tenant to pay to the tenant such sum
by way of compensation as the prescribed
authority may think fit,
Bar on eviction 14. - (1) If in any Abadi Deh or Gorah Deh a tenant
house. is in occupation of a dwelling-house built on a site belong-
ing to the landowner, the tenant shall not be ejected from
such dwelling-house or the land immediately appurtenant
thereto and necessary for his enjoyment unless—
(a) the landowner proves that the dwelling-house
was not built at the expense of the tenant; and
(b) such tenant makes default for a period exceed-
ing one year in the payment of rent, if any,
which he has been paying for the use and occu-
pation of such house:
Provided that in the case of a tenant under an allottee,
this sub-section shall have effect ag if for the word ‘and’ in
sub-clause (a) the word ‘or’ were substituted.
(2) The provisions of this section and the next suc-
ceeding section shall not apply to a dwelling-house which is
»
1955 : Pepsu Act 13] TENANCY AND AGRICULTURAL 131
LANDS
situated on any land used for the purpose of agriculture in
respect of which the tenancy has been terminated under
the provisions of this Act.
Explanation.—In this section and the next succeed-
ing section, the expression ‘landowner’ in rela-
tion to evacuee land means the Custodian of
Evacuec Property within the meaning of the
Administration of Evacuee Property Act, 1950
(XXXT of 1950).
15. (1) A tenant who is in occupation of a dwelling-
house 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 agree-
ment at such price as may be determined by the prescribed
authority.
(2) A tenant who intends to purchase the site of a
dwelling-house in pursuance of the provisions of sub-sec-
tion (1) shall give to the landowner a notice in writing in
the prescribed manner of his intention to do so
(3) Where a landowner has received notice under
sub-section (2), he shall within one month of the receipt
thereof, communicate in writing to the tenant the price at
which he is willing to sell to him the site of the dwelling-
house.
(4) Where a landoner fails to communicate to the
tenant the price in respect of the site of the dwelling-
house under sub-section (3), or where the tenant is not
willing to pay the price demanded by the landowner for
such site, the tenant may make an application in the pres-
eribed form to the prescribed authority within the pres-
eribed period for determination of the market value of the
site. v M
(5) On receipt of an application under sub-section
(4). the prescribed authority shall, after giving the parties
an opportunity of being heard, determine, by an order in
writing the market value of the site,
Option to
tenant to
purchase gits
of dwelling-
house.
132 TENANCY AND AGRICULTURAL [1955 : Pepsu Act 13
LANDS |
(6) An order made under sub-section (5) shall be
served upon the landowner and the tenant and if the tenant
deposits with the prescribed authority the market value of
the site of the dwelling-house as determined under that
sub-section within six months, from the date of the service
of the order upon him, the site shall be deemed to have ®
been transferred to the tenant, and the amount so deposited
shall be paid to the landowner.
(7) The prescribed authority’ shall, on payment of the
prescribed fee, issue to the tenant a certificate containing
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 any-
thing contained in the Indian Registration Act, 1908 (XVI
of 1908), no such certificate shall require to be registered
under that Act.
(8) Where a tenant fails to deposit the market value
of the site of the dwelling-house under sub-section (6), he
shall be deemed to have relinquished his right to purchase
such site. |
Right, o 16. (1) A tenant may at any time apply in writing
hopcine im. to the landowner for permission to make improvements at
Drovements his own expense on the land leased to him.
(2) If, within one month of the receipt of such appli-
cation, the landowner fails or refuses, without reasonable
cause, to grant the required permission to the tenant, the
tenant may make an application within the prescribed
period to the prescribed authority for the grant of such Pe
permission. |
(3) Where an apvlication is made to the preseribed
authority under sub-section (2), the prescribed authority
after giving the parties an opportunity of being heard, may
make such order thereon as it may deem fit.
(4) Where a tenant makes any improvements on the
land leased to him, in accordance with an order made by
the prescribed authority under sub-section (3), the tenant
shall be deemed to have made such improvements with the
permission of the landowner.
3
TENANCY AND AGRICULTURAL [1955 : Pepsu Act 15 133
LANDS
(5) In this section, the expression ‘tenant’ includes a
sub-tenant.
17. (1) A tenant who has made any improvements Compensa © ime
at his own expense on the land leased to him in accordance provements.
with the provisions of section 18, shall, if his tenancy is
terminated under the provisions of this Act, be entitled to
receive compensation for such improvements before he
can be ejected from such land.
(2) The compensation payable to a tenant under sub-
section (1), shall be determined by the prescribed autho-
rity in accordance with the value of such improvements at
the date of termination of the tenancy and in determining
such compensation the prescribed authority shall have
regard to the following matters, namely: —
(a) the amount by which the value of land has
increased by reason of the improvements;
(b) the condition of the improvements at the date
of the determination of the value thereof and
the probable duration of their effect : =
(¢) the labour and capital involved in the making of
the improvements; and
(d) the reduction or remission of rent, if any, or
other advantage secured by the tenant in con-
sideration of the improvements made by him.
“18 (1) If a tenant dies during the term of his Devolution i
tenancy, the tenancy shall subject to the provisions of sub- gn dedshancy
section (2), devolve— tenant,
(a) on his lineal male descendants, in the male line
of descent, if any:
(b) failing such descendants, on his widow, if any:
Provided that such widow shall cease to enjoy the tenancy right if she remarries or abandons the land or is ejected therefrom in accordance with the provisions of this Act;
134 TENANCY AND AGRICULTURAL [1955 : Pepsu Act 15 : LANDS |
(¢) failing such descendants and widow, or in case
there is a widow if and when she ceases to
enjoy the tenancy rights under the proviso to
clause (b), on a khana damad, if any. 1
(2) No person shall be entitled to succeed to tenancy under sub-section (1), unless he is willing to cultivate per- sonally the land comprising the tenancy.
Rights and . nn privileges of 19. Nothing contained in this Chapter shall be con- tenants Jane strued to limit or prejudice the rights and privileges of any
affected. tenant under any other law for the time being in force or any usage, or arising from any contract, grant, decree ot
order of a court or otherwise howsoever.
CHAPTER IV
Acquisition of proprietary rights by tenants
Definiti } Co
fonpon 0? 1120. In this Chapter, the expression ‘tenant’ means a tenant as defined in clause (k) of section 2, who is not
liable to be ejected— |
(a) under clauses (a) and (b) of sub-section (1) of
section 7A; or
( b) under clauses (a) knd (b) of sub-section (2)
of section TA; |
Provided that this definition shall not apply to a
tenant who is to be allotted by the State Gov-
ernment land under the proviso to sub-sec-
tion (1) of section 7A.] ’
21. The provisioins of this Chapter shall apply to
Application of = oyaryee lands with effect from such date as the State this Chapter to
evacuee lands. (Government may, by notification in the Official Gazette,
specify.
22. (1) Subject to the other provisions contained in this
Act a tenant shall be entitled to acquire from his land- Acquisition of owner in respect of the land comprising his tenancy the
proprietary right, title and interest of the landowner in such land rights by
nants,
1Substituted by Pepsu Act No. 15 of 1956.
|
1955 : Pepsu Act 13] TENANCY AND AGRICULTURAL 133
LANDS
(hereinafter referred to as the ‘proprietary rights’) in the manner and subject to the conditions hereinafter provided.
(2) Every tenant intending to acquire proprietary rights shall make an application in writing to the prescribed authority in the Prescribed manner, containing the follow- ing particulars, namely :—
9 (a) the area and location of the land in respect of : which the application is made;
(b) the name of the landowner from whom pro- prietary rights are to be acquired; a, oe
-(¢) such other particulars as may he prescribed.
(3) The right conferred upon a tenant to acquire pro- prietary rights in respect of any land under this section may, if such tenant has sublet the land, be exercised by the sub-tenant to the exclusion of the tenant.
23. (1) On receipt of an application under section ip 22, the prescribed authority after satisfying itself that the for acquisition applicant is entitled to acquire proprietary rights in any Sights reprietary land under this Chapter shall determine the compensation payable in respect thereof in accordance with the principles set out in section 26. _
Provided that the prescribed authority may, on suffi- cient cause being shown, extend the period specified in this sub-section, so however that the aggregate period does not exceed one mont
(3) Where the first instalment of compensation has been deposited in accordance with the provisions of sub- section (2), the prescribed authority shall issue to the
Tenant
abandon
intention
acquire
prietary
may
his
to
pro-
rights.
EE —
136 TENANCY AND AGRICULTURAL [1955 : Pepsu Act i3
LANDS
applicant a certificate in the prescribed form declaring him
to be the landowner in respect of the land specified in the
certificate.
(4) On and from the date of the issue of a certificate
under sub-section (3), the proprietary rights of the land-
owner in the land specified in the certificate shall be deem-
ed to have been extinguished and such proprietary rights
shall vest in the applicant free from all encumbrances and
as from such date the applicant shall cease to be liable to
pay any rent in respect of such land to the landowner:
Provided that—
(a) the amount of compensation payable by the
applicant shall be a first charge on such land;
(b) the amount of any encumbrance existing on
such land on the date of the issue of the certifi-
cate shall be valid charge on the amount of
compensation payable by the applicant under
this Act. |
(5) Every certificate issued under sub-section (3)
shall be conclusive evidence of the acquisition by the
applicant of proprietary rights in the land specified therein
and notwithstanding anything contained in the Indian
Registration Act, 1908 (XVI of 1908), no such certificate
shall be required to be registered under that Act.
24. (1) Any person who is entitled to acquire pro-
prietary rights in respect of any land under this Chapter
may at any time after the amount of the first instalment
of compensation is deposited under sub-section (2) of sec-
tion 23 but before a certificate is issued to him under sub-
section (3) of that section make a declaration in writing
in the prescribed manner before the prescribed authority
that he has abandoned his intention to acquire proprietary
rights in such land.
(2) Where any declaration is made under sub-section
(1), the amount of the first instalment of compensation
deposited by the tenant under sub-section (2) of section
23 shall be refunded to him,
1955 : Pepsu Act 13] TENANCY AND AGRICULTURAL 137
LANDS
25. If any person upon whom the right to acquire Trois a
proprietary rights is conferred under this Chapter fails to quire pro-
comply with any order made under sub-section (2) of sec- prietary rights.
tion 23 he shall forfeit his right to acquire such proprietary
rights.
26. (1) Where an rson has acquired proprietary Principles of
rights in Ot of any land under this Chapter he shall for * acquisition
be liable to pay to the landowner from whom such rights of proprietary
have been acquired compensation at the rate of ninety :
times the land revenue (including rates and cesses) pay-
able for such land or two hundred rupees per acre, which-
ever is less.
(2) The compensation payable under this section shall
be determined by the prescribed authority who shall
specify the person or persons to whom the compensation
shall be paid.
(3) If there is any dispute as to the person or persons
who are entitled to the payment of compensation, the
prescribed authority shall decide the dispute and if the
prescribed authority finds that more than one person are
entitled to compensation it shall apportion the amount
thereof among such persons.
: 27. (1) The compensation payable under section 26 Compensation , may be paid in such annual instalments not exceeding six instalments,
as may be prescribed,
(2) Every instalment of compensation shall be de- posited in a Government treasury or sub-treasury or paid
to such authority as may be prescribed within fifteen days
of the date of its becoming due and receipt therefor shall be furnished to the prescribed authority.
(3) Where any instalment of compensation is not deposited in a Government treasury or sub-treasury or paid to the prescribed authority within the period of fifteen days specified in sub-section (2), the prescribed authority shall,
of its own motion or on the application of the landowner
concerned, take steps within one month from the expiry
of the said period of fifteen days for the recovery of such instalment in the manner provided in section 49,
138 TENANCY AND AGRICULTURAL [1955 : Pepsu Act 13
LANDS
(4) Interest at the rate of two and a half per cent per
annum shall be payable on the amount of any instalment
which is not paid within time from the date when the
instalment became due.
Pay: Compensation o 28. Subject to the provisions of sub-section (2) of
landowner, section 24, the prescribed authority shall, as soon as may
be, after the amount of any instalment of compensation
has been deposited under section 23 or section 27 pay the
same to the person entitled to it on his executing a receipt
for the same-
Recovery of ‘129. (1) Notwithstanding anything contained in 1 Cs : ) ae
and TY rom this Act or in any other law for the time being in force, the
tenants and amount of land revenue (including surcharge, special their = rights to
set off the charge, additional surcharge or special assessment), or of
Some against acreage rates, or of betterment charges, or of any other tax nt. N . ;
(including rates and cesses), payable under any law for
the time being in force in respect of any land, the pro-
prietary rights of which a person under this Chapter is
entitled to acquire, may be recovered from such person.
(2). Where any amount hag been recovered from a
person under sub-section (1), such person shall be entitled
to set off such amount against the rent payable in respect
of such land:
Rights of land 29A. (1) Where a person entitled under this Chapter
tain cases to to acquire proprietary rights in respect of the land com-
OE Dros. brising his tenancy fails to make an application under sub-
tany rights by section (2) of section 22, within a period of one year from
tenants. the cdmmenement of the Pepsu Tenancy and Agricultural
Lands (Second Amendment) Act, 1962, an application
containing the particulars specified therein may be made,
in writing to the prescribed authority in the prescExcerpt shown. Open the full act in Lexace.