LexThe Punjab Security of Land Tenures Act, 1953
Punjab · state statute
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'•,' -....• ••••,,,,, :w '-',.- .J:e,:‘,..*75.17 - . . •,' .J -7.•• '..,. '1. •.ast ''' •.''''.7:.'"...1..+1.- ••••*.-. 1` • . . • • ■-•':-;7 Att: : t ."'.:■.; • • •," ,f. ... © Copy Rights Reserved With Publishers • Important Note Although meticulous -care and cautions have been taken to avoid any mistakes or omissions while edit- ing, printing or publishing the• book. Readers are ad- vised to verify the text with original gazette as published by concerned authority. Neither the company nor is the proprietor, Editor, Printer or Publisher be held responsible or liable in any case manner for loss or damage caused to its subscrib- ers/ Readers. Due to mistakes our omissions that might have crept in despite care and caution. No part of this book can reproduced in any form without prior written permission of the publisher. Violation of this, would follow serious legal action. The sale and cir- culation of the journal is subject to the aforesaid terms and conditions. Printed, Published &Owned by: Sharanjit Singh Kalra Piinjab Law Agency S.C.O. 4 and 5 (First Floor) Above S.B.I. Treasury Branch Behind K.C. Cinema, Sector 17-B, Chandigarh. 160017 Phone : 0172-5071706, Mobile 9815652222 THE PUNJAB SECURITY OF LAND TENURES ACT, 1953 PUNJAB ACT NO.X OF 1953 CONTENTS 1. Short Title, Extent And Commencement. 2. Definitions 3. Reservation Of Land By Small Owner 5. Reservation Of Land 4. Fresh Reservation Of Land Due To Modification Of Allotment 5-A. Declaration Supported By Affidavits To Be Furnished By Certain Landowners And Tenants 5-B. Selection Of Permissible Area And Consequences Of Failure To Select 5-C. Penalty For Failure To Furnish Declaration 6. Certain Previous Transfers Of Land Not To Affect Rights Of Tenants 5 [Repealed] 5 8. Continuity Of Tenancies 5 9. Liability Of Tenant To Be Ejected 6 9-A. Accommodation Of Tenants On Surplus Area 8 10. Restoration Of Tenant Ejected After The 15th Of August, 1947 9 10-A. Surplus Area For Resettlement Of Ejected Tenants 10 10-B. Saving By Inheritance Not Tc Apply After Utilisation Of Surplus Area 11 11. Tenants Right To Water 11 12. Amount Of Maximum Rent 11 13. • Assessment Of Charges For Services Or Facilities Provided By The LandoWner 14 Duty Of Landowner To Furnish Receipt For Rent Received. From Tenant 14-A. Procedure For Ejectment And Recovery Of Arrears Of Rents Etc 15. XXXXXXXXXX.XXXXX 1 1 3 3 4 4 5 5 11 12 12 14 THE PUNJAB SECURITY OF LAND TENURES ACT, 1953 16. Saving Of Tenancies From Effect Of Mala Fide Transfer 17. Right Of Certain Tenants To Pre-Empt Sale Etc. Of Land 17-A. Certain Sales Of Tenancy Land Not Pre-Emptible 17-B. Certain Mortgages To Be Deemed Tenants Under The Act 18: Rights Of Certain Tenants To Purchase Land 19: Sections 17 And 18 Not To Apply To - Certain Property And Tenants 19-A. Bar Of Future Acquisition Of Land In Excess Of Permissible Area 19-B. Future Acquisition Of Land By Inheritance, In Excess Of Permissible Area 19-C. Power To Cause Delivery Of Possession Of Surplus Area 19-D. Exemption Of Certain Lands 19-DD. Exemption Of Lands Granted For Gallantry Before 26 th January, 1950 19-E. Land Owned By Hindu Undivided Family To Be Deemed Land Of One Landowner 19-F. Removal Of Certain Doubts 20. Restriction On Tenants 21 Sayigi Of Tenants And Lessees Under Government 21-A. Power To Remove Difficuties By Modification Of ProvisiOns In Certain. Cases 22. Procedure For Ejectment 23. Abrogation Of Pending DeOrees, Orders And Notices 24. Appeal, Review Arid Revision 24-A. Power To Separate Share Of Landowner In Joint Land 25. Exclusion Of Courts And Authorities 26. Indemnity 27. Power To Make Rules 28. Repeal And Savings 2 14 14 15 15 18 18 19 19 20 20 20 20 21 21 21 22 22 22 23 24 24 24 24 ■Frerd-14 Fra-333 LtRI-Ef -z- U1T 1S' to >,;:ralTs .1( WAN; . 9" 'THE PUNJAB SECURITY OF LAND'TENURS ACT: Punjab Act No.X of 1953 [Received the assent of the President on the 15th April, 1953, and was first published in the Punjab Government Gazette Extraordinary of the 15th April, 1953.] An Act to provide for the security of land tenure and other incidental matters. It is hereby enacted as follows:- 1. Short Title, Extent And Commencement. - (1) This Act may be called the Punjab Security. of Land Tenures Act, 1953. (2) It shall come into force at once. (3) It shall extend to the whole of the State of Punjab. (4) Save as elsewhere expressly provided in this Act nothing contained therein shall apply to co-operative garden colonies which were registered before the coming into force of this Act. 2. Definitions. - In this Act, unless the context otherwise requires, - (1) "Landowner" means a person defined as such in. the Punjab Land Revenue Act, 1887 (Act XVII of 1887), and shall include an "allottee" and "lessee" as defined in clauses (b) and (c), respectively, of Section 2 of the East Punjab Displaced Persons (Land .Resettlement) Act, 1949 (Act XXXVI of 1949), hereinafter referred to as the "Resettlement Act". Explanation- In respect of • land . mortgaged with possession, the mortgagee shall be deemed to be the landowner. (2) "Small landowner" means a landowner whose entire land in the State of Punjab does not exceed the "permissible area". . Explanation - In computing the area held by any particular landowner the entire land owned by him in the State of Punjab, as'entered in the record of rights shall be taken into - account, and if he is a joint owner only his share shall be taken into account (3) "Permissible area" in relation to a landowner or a tenant, means thirty standard acres and where such thirty standard acres on being converted into ordinary acres exceed sixty acres, such sixty acres:- Provided that- , (i) no area under an orchard at the commencement of this Act, shall be taken into account in computing the per-m'ssible area. (ii) for a displaced person- (a) who has been allotted land in excess of fifty standard acres, the permissible area shall be fifty standard acres or one hundred ordinary acres, as the case may be. (b) who has been allotted land in excess of thirty standard acres, but less than fifty standard acres, the perrhissible area shall be equal to this allotted area. fj - 2 THE PUNJAB SECURITY OF LAND TENURES ACT, 1953 THE PUNJAB SECURITY OF LAND TENURES ACT, 1953 3 Section---3 and 4 Sections 2(3) and 2(5-a)—Surplus area—Relevant date—Transfer by petitioner held invalid as sale deeds were executed and mutation recorded subsequent to the relevant date 30.7.1958— Held—Where registered Sale deeds are executed, possession is parted with, complete title is transferred to the vendees from the vendors, the relevant date would be the. date registered sale deed when consideration is passed and document is registered— Merely that mutations were recorded in the year 1966 and thereafter would no way alter the date of transfer by virtue of the sale deed.; Buta Ram (died) reptd. by LRs & Anr. v. State of Haryana & Ors. : 2003(2) LAND LAWS REPORTER (Pb. & Hry.) 151 Section 2(8)—Only question to be decided .is if the lands described as, Banjar Jadid, Banjar Qadim and Ghair mumkin, can be taken into consideration for the purposes of computing surplus area—AnSwer is No—Such land. are not lands as per section 2(8) of the 1953 Act—Cannot be taken into account for computing surplus area.; Dharam Singh (deceased) L.Rs. and others v. Bhagwan Singh and others: 2005(3) Land L.R. (Pb.-& Hry.) 172 3. RESERVATION OF LAND BY SMALL OWNER. - Any small landowner, who by virtue of an allotment made after the commencement of this Act under the Administration of Evacuee Property Act, 1950 (Act XXXI of 1950), comes to hold more than the permissible area of land, may select out of the entire area held by him as a landowner in the State of Punjab, a parcel or parcels of land not exceeding in aggregate the permissible area and reserve it by intimating his reservation in the prescribed form and manner, to the Patwari of, the estate in which the land -reserved is situate, or to such other authority as may be prescribed, before 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 the extent of the permissible • area, whatever land he had uncle, self-cultivation immediately before the commencement of this Act. • Case Law Sections 3,41 and 24A—Would the death of the landowner after the surplus land is declared, allotted to tenants purchase amount deposited, call for fresh dedlaration of Surplus land with his legal heirs—No— Surplus land ORDER not challenged by the landowner or his legal heirs after his death—FC ,held the declaration of Surplus 'area in 1960/80 held the field—Never set aside—Allottee deposited purchase amount on 30.3:1982—Became owner of the land—Death of landowner in 1984 would not call for fresh assessment of Surplus area in the hands of legal heirs=FCs order cannot be said to suffer from any infirmity; Sudarshan Nath & Ors. v. State of Punjab & Ors.; 2000(2) Land L.R. .(Supreme Court) 330 4. FRESH RESERVATION OF LAND DUE TO MODIFICATION OF ALLOTMENT. - Any landowner, who has made lawful reservation of land under the 1950 Act, and whose allotment is modified or revised of the commencement of this Act, under the Administration of_Evacues Property Act,. 1950. (Act, XXXI of 1950), shall be entitled to make a fresh reservation before the Section---2 (c) who has been allotted land less than thirty standard acres, the permissible area shall be thirty standard acres, including any other land or part thereof, if any, that he owns in addition. Explanation. - For the purposes of determining the permissible area of a displaced person, the provisions of provisoA shall not apply to the heirs •'and-succi4S-SdfrS-iff'thb—diSPrlked person to whom land is allotted. (4) "Res_ervecLaree_means_the area-lawfully-reserved-under the Punjab Tenants (Security of Tenures) Act, 1950 (Act XXII of 1950), as amended by President's Act of 1951 hereinafter referred to as the "1950 Act" or under this Act. - • (5) "Standard acre" means a measure of area convertible into ordinary acres of any class of land according to the prescribed scale with reference to the quantity of yield and quality of soil. (5-a) "Surplus area" means the area other than the reserved area, and where no area has been reserved, the area in excess of the permissPible area selected under Section 5-B or the area which is deemed to the surplus area under sub- section (1) of Section 5-C and includes the area in excess of the permissible area I. selected under Section 19-B, but it will not include a tenant's permissible area: Provided that it will include the reserved area, or part thereof, where such area or part has not been brought under self-cultivation within six month's of reserving the same or getting possession thereof after ejecting a tenant from it whichever is 'later, or if the landowner admits a new tenant, within three years of the expiry of the said six months. . (6) "Tenant" has the meaning assigned to it in the Punjab Tenancy Act, 1887, and includes a sub-tenant and self-cultivating lessee, but shall not include a present holder, as defihed in Section 2 of the Resettlement Act: (7) "Year' means an agricultural year as defined in Section 4 of the Punjab Tenancy Act, 1887. (8) "Land" all other terms used, but not defined in this Act, shall have the same meaning as are assigned to them in the Punjab Tenancy Act, 1887 (Act XVI of 1887). (9) "Self-cultivation" means cultivation by a landowner either personally or through his wife or children, or through such of his relations 'as may be prescribed, or under his supervision. • (10) "Prescribed" means prescribed by rules made under this Act. (11) "Displaced person" has the meaning assigned to it in the East Punjab Displaced Persons (Land Resettlement) Act, 1959. Case Law • Section 2(3)—Permissible area—Cannot be more than 60 ordinary Acres= Wrong to hold that permissible area of land owner cannot be less than 60 ordinary Acres; Smt. Kaushalya Devi v. State of Haryana through the Collector, Hisar; 2002(1) Land L.R. (F.C. liar.) 144 4 THE PUNJAB SECURITY OF LAND TENURES ACT, 1953 Section---5 and 5A allotted. expiry of six months from the date of his obtaining possession of the and so Provided that in making his fresh reservation he shall include to the extent of the permissible area firstly the land he has under self cultivation and secondly such land out of his previous reservation, as has not passed out of his possession as a result of the said revision or modification of allotment. 5. RESERVATION OF LAND. - (1) Any reservation. before the commencement of this Act, shall cease to have effect and subject to the provisions of Sections 3 and 4 any landowner who owns land in excess of the permissible area may reserve out of the entire land held by him in the State of Punjab as landowner, any parcel or parcels not exceeding the permissible area intimating his selection in the prescribed form and manner to the patwari of the estate in which the land reserved is situate or to such other authority may be prescribed. Provided that in making this reservation he shall include his area owned in the following order:- (a) area held in a Co-operative Garden Colony, (b) area 'under self-cultivation at the commencement of this Act other than the reserved area, (c) reserved area inclUding the area under a jhundimar tenant or a tenant who has been in continuous occupation for 20 years or more immediately before such reservation, (d) area of share in a Co-operative Farming Society, (e) any other area owned by him, (f) area under a jhundimar tenant. (2) Where in respect of any land more than one person can be classed as landowners, as in the case of persons one of whom is a landowner in principal and the other in derivative capacity, the aforesaid right of reservation shall be exercised by the landowner who receives or is entitled to receive rent directly from the tenant in actual cultivation of the land. (3) A landowner shall be entitled to intimate a reservation within six months from the date of commencement of this Act, and no reservation so intimated shall be varied subsequently whether by act of parties or by operation of law, save with the consent in writing of the tenant affected by such verification or until such time I Act. as the right to eject such tenant otherwise accrues under the provisions of this (4) & (5) Omitted. 5-A. DECLARATION SUPPORTED BY AFFIDAVITS TO BE FURNISHED BY CERTAIN LANDOWNERS AND TENANTS. -: Every landowner or tenant, who owns or holds land in excess of the permissible area and where land is situated in more than one Patwar circle, shall furnish, within a period of six months from . the commencement of the Punjab Security of Land Tenures (Amendment) Act, THE PUNJAB SECURITY OF LAND TENURES ACT, 1953 Section---5B, 5C, 6, 7 and 8 1957, a declaration supported by an affidavit in respect of the land owned or held by him in such form and manner and to such authority as may be prescribed. 5-B. SELECTION OF PERMISSIBLE AREA AND CONSEQUENCES OF FAILURE TO SELECT. - (1) A landowner who has not exercised his right of reservation under this Act, may select his permissible area and intimate the selection to the prescribed authority within the period specified in Section 5-A and in such form and manner as may be prescribed: Provided that a landowner who is required to furnish a declaration under Section 5-A shall intimate his selection along with that declaration. (2) If a landowner fails to select his permissible area in accordance with the provisions of sub-section (1), the prescribed authority may subject to the provisions of Section 5-C, select the parcel or the parcels of land which such person is entitled to retain under the provisions of this Act: Provided that the prescribed authority shall not make the selection without giving the landowner concerned an opportunity of being heard. • 5-C. PENALTY FOR FAILURE TO FURNISH DECLARATION. - (1) If a landowner or "tenant fails to furnish the declaration supported by an affidavit as required by Section 5-A, the prescribed authority not below the rank of Controller may, by order, direct that the whole or part of the land of such landowner or tenant in excess of ten standard acres to be specified by such authority shall be deemed to be the surplus area of such landowner or tenant and shall be utilised by the State Government for the purpose mentioned in Section 10-A: Provided that no such order shall be made without giving the landowner or tenant concerned an opportunity of being heard. (2) Where a landowner or tenant who is required to furnish a declaration under Section 5-A fails so to do ; the prescribed authority may in respect of him obtain the information required to -be shown in the declaration through such agency as it may deem fit. Landowner and owner of land distinguished. - The term landowner is wider term than the owner of land. Every owner of land is a landowner but every landowner is not the owner of land. A widow succeeding to her husband's estate or share in an estate on a life tenure is a landowner within the meaning of the Punjab Land Revenue Act, 1887. 6. CERTAIN PREVIOUS TRANSFERS OF LAND NOT TO- AFFECT RIGHTS OF TENANTS. - No transfer of land, except a bohafide sale or mortgage with possession or a transfer resulting from inheritance made after the 15th August 1947' and before the 2nd February, 1955, shall affect the rights of the tenant on such land under this Act... 7. [Repealed] 8. CONTINUITY Of Tenancies. - The continuity of tenancy shall not be affected by- (a) the death of the landlord, or 6 THE PUNJAB SECURITY OF LAND TENURES ACT, 1953 Section---9 (b) the death of the tenant except when the tenant leaves no male lineal descendants or mother or widow, and (c) any change therein under the same landowner and for the purpose of Sections 17 and 18 of this Act, such tenancy shall be the last area so held. 9. LIABILITY OF TENANT TO BE EJECTED. contained in any other law for the time being in fo (1) Notwithstanding anything competent to eject a tenant except when such tenant no landowner shall be - (I) is a tenant on the area reserved under this Act or is a tenant of a small landowner, or (ii) fails to pay rent regularly without sufficient cause or (iii) is in arrears of rent at the commencement of this Act; or (iv) hac• failed, or fails, without sufficient cause, to cultivate the land comprised in his tenancy in the manner or to the extent customary in the locality in which the land is situate; 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; or (vi) has sublet the tenancy or a part thereof; provided that where only a or part of the tenancy has been sublet the tenant shall be liable to be ejected only from such part; (vii) refuses to execute a Qabuliyat or a Pata in the form prescribed, in respect of his tenancy on being called upon to do so by an Assistant landowner. Collector on an application made to him for this purpose by the Explanation - For the purpose of clause (Hi), a tenant shall be deem .ed to be in arrears Of rent at the commencement of this Act, only if the payment of arrears is not made by the tenant within a period of two 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 hereinbefore a tenant shall also be liable to be ejected from any area which he holds in any capacity whatever in excess of . the permissible area: Provided that the portion of the tenancy from which such tenant can be ejected shall be determined at his option only if the area of his tenancy under the landowner concerned is in excess of the area from which he can be ejected by the said landowner: Provided further that if the tenant holds land of several landowners and more than one landowner seeks his ejectment, the right to ejectment shall be exercised in the order in which the applications or suits have been filed by the landowners conce tirnedhave and been in case made of simultaneous application or suits the priority for ejectment shall commence serially from the smallest landowner: THE PUNJAB SECURITY OF LAND TENURES ACT, 1953 7 Section---9 Explanation. - Where a tenant holds land jointly with other tenants only his share in the joint tenancy shall be taken into account in computing the area held by him. Case Law Sections 9, 9A and 14A— Tenants aggrieved by concurrent order of ejectment by courts below on grounds (1) the landowner was a small landowner (ii) no rent has been paid for last 2 years— Order of eviction passed in 1973 tenant has not vacated because he had not been resettled— Tenant had not applied for resettlement—Petitioner has failed to pay rent—No cause much less sufficient cause has been shown for such failure—Tenant is liable to be evicted under S. 9 of the Act—Orders of eviction did not absolve the tenant for paying rent; Sunder Singh v. Financial Commissioner, Rev. Pb. Chandigarh; 2001(2) Land L.R. (Pb. & Hry.) (DB) 622 • Section 9(1)(i)—Constitution of India Article 226—Eviction— Eviction on ground of small land owner—Respondent's contention that he is a co-sharer and not a tenant—Contention not acceptable as in suit for declaration filed by respondent he claimed himself to be tenant—Holdings of tenant in Haryana is more than 5 standard acres and land also in Punjab—Tenant not poor—Claim of land owner for eviction of tenant sustained; Rugha Ram v. Financial Commissioner, Revenue, Haryana ; 2002(1) Land L.R. (Pb.& Hry.) (DB) 251 Section 9(1)(i)—Ejected tenant—Petitioners--Orders of ejectment subject to resettlement of petitioners on equivalent land available from separate pool— Allotment made—Petitioner resisted this allotment on grounds of poor quality of land as also being taken away from his residence—Prayed for allotment some surplus land nearer his place—On persistent requests, Commissioner alloted land in lambardar village, already in occupation of armed forces, possession to be given on armed forces vataling the land- -It was later found by FC that Forces occupation was be continued indefinitely and thus FC reviwed ite earlier order— Review is under challenge.; Des Raj alias Deso v. Financial Commissioner, Taxation, Punjab and others: 2004(1) Land L.R. (Pb:& Hry.) 316 Sections 9 (1)(i) and 77—Transfer of Property Act, 1882—Section 54— Ejectment proceedings pending before revenue court, landlords/Tenants enter into an agreement to sell land as per time bound programme—Half of earnest money paid—Thereafter tenants, prospective vendors, neither paid half of the earnest money, nor adhered to the time schedule for execution of the sale deed—And also stopped paying batai to the petitioners /landlords—Collector ordered ejectment—Upheld by Commissioner in appeal but F.C.set aside the order—It was held that agreement to sell entered, put an end to the relationship of landlord tenants challenge to the observation is by this Civil Writ Petition— Under Section 54 of T.P.A. it cannot be said that mere execution of the sale agreement does not mean the right of the lessor has come to an end—Mere agreement to sell dqes not confer any title—Relationship of landlord Tenants are not swapped. ; Harkaran Singh and ors. v. Financial Commissioner Haryana and ors.: 2004(1) Land L.R. (Pb.& Hry.) 217 PUNJAB GOVT. GAZ. (EXTRA), DECEMBER 17,2013 281 (AGIIN 26, 1935 SAKA) 8 THE PUNJAB SECURITY OF LAND TENURES ACT, 1953 Section---9A Section 9(1)(ii)—Non-payment of rent Eviction proceedings—Revision before F.C. was also decided. against petitioner—petitioner claims to be not, aware of the change in ownership—Before AC; petitioner has admitted the relationship of landlord and tenant— Petitioner is not now entitled to contend otherwise—There being no sufficient cause for non-payment of rent and regular defaults without any cause, there is no ground to interfere in findings recorded by authorities—No error -needs correction in exercise of extraordinary jurisdiction under. Art. 226 of the Constitution; SurInder Singh v. Financial Commissioner, Punjab; 2002(1) Land LA - (Pb.& liFy–.) (DB) 692 9-A. ACCOMMODATION OF TENANTS ON SURPLUS AREA. - No tenant liable to ejectment under clause (i) of sub-section (1) of the _section next proceeding shall be dispossessed Of his tenancy unless he is accommodated on a surplus area in accordance with the provisions of Section 10-A or otherwise on some other land by the State Government. Provided that if the tenant concerned is the tenant of a small landowner, he shall be 'allowed to retain possession of his tenancy to the extent of five standard acres including any other land which he may hold as tenant or owner, until he is so accommodated on a surplus area or otherwise; Provided further, that if a tenancy commences after the commencement of this Act, and the tenant is also an owner and is related to his landlord in the manner prescribed, he shall not be entitled to the benefit of this section: Provided further that the tenant of a landowner who is a member of the Armed Forces of the Union shall also not be entitled to the benefit of this section. Case Law Section 9A—Petitioners ordered to be evicted from the land in their possession— Resettlement already ordered on some surplus area— Petitioners • refused to accept the allotment as the land owner had filed a suit challenging declaration of surplus area—This suit had been filed in 1989 and the petitioners refused acceptance in 1987— Other contention that the allotted land already stood allotted to some one else is baseless—That allotment had been cancelled in 1984—On either of the two contentions petitioners were not justified in retaining possession of the present land and in refusing to accept the allotment — & Hry.) 475 Writ petition fails; Abdul Rehman State of Haryana; 2000(3) Land L.R. (Pb. Section 9-A, First Proviso— Ejected Tenants—Resettlement of— All of ejected tenants to be resettled to the extent of 5 standard including another land held or • owned by them and not each individual ejected tenant.; Dona Ram v. State of Punjab : 2003(1) Land L.R. (F.C. Pb) 241 Sections 9A & 9—Haryana Utilis.ation of surplus and other areas scheme, 1976, Para 5— Ejectment ordered in 1981 under the Tenures Act, Section 9— Petitioners should have been keen for allotment of surplus land-- Only at the PART I GOVERNMENT OF PUNJAB DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB NOTIFICATION The 17th December, 2013 No. 6I-Leg./2013.-The following Act of the Legislature of the State of Punjab received the assent of the Governor of Punjab on the 29th Day of November, 2013, is hereby published for general information:- THE PUNJAB SECURITY OF LAND TENURES (AMENDMENT) ACT, 2013 (Punjab Act. No. 50 of 2013) AN ACT further to amend the Punjab Security of Land Tenures Act, 1953. BE it enacted by the Legislature of the State of Punjab in the Sixty- irth Year of the Republic of India, as follows:- (1) This Act may be called the Punjab Security of Land Tenures lendment) Act, 2013. (2) It shall come into force at once. In the Punjab Security of Land Tenures Act, 1953, for section 9-B, the wing section shall be substituted, namely:- The concession given under sections 9 and 9-A to the land owner, who is a Non-Resident Indian, shall be available only in respect of his ancestral property and the property, Nhich has been purchased by him at least five years before from the late he files the ejectment application.". One time concession. H.P.S. MAHAL, Secretary to Government of Punjab, Department c.f Legal and Legislative Affairs. Substitutitm section 9-it of Punjab Act 1953. Short titre z 0,1 commencemo a THE PUNJAB SECURITY OF LANr, section-9A Section 9/ 4"*" P re sto in retai Writ A & Hry\ sectior\i tenants \ owned b Punjab : Sections Para 5— Petitioners. THE PUNJAB SECURITY OF LAND TENURES ACT, 1953 9 Section-10 ■efore instance of SDO petitioners put in an application for allotment—Made no efforts -e of to get the allotment—Not having done that, they have clearly disentitled v) of themselves from retaining the possession of, the land from which they were re ordered to be evicted—Land owner cannot be made to wait indefinitely—Punjab )ut Security of Land Tenures Rules 1956, R. 15; Abdul Rehman v. State of 'o Haryana ; 2000(3) Land L.R.(Pb. & Hry.) 475 Sections 9A and 14-A—Ordered to be ejected from the land of small landowner in 1973—Under protection provided by Section 9A, petitioners continue in possession—This protection does not absolve petitioners from paying rent to the small landower— Liability to eject is clearly imposed by Section 9 of the Act— Small .landower filed petition under Section 14-A—Authorities were justified in ordering eviction of the petitions—Petition dismissed with costs payable to small landowners.; Sunder Singh v. Financial Commissioner, Revenue, Punjab; (Pb. & Hry.) (D.B.) 2001(2) Land L.R. 81 10. RESTORATION OF TENANT EJECTED AFTER THE 15TH OF AUGUST, 1947. - (1) Where a tenant has been ejected from any land in excess of the permissible area on grounds other than those mentioned in Section 9, before the commencement of this Act, and after the 15th August, 1947 and such land is under self-cultivation, such tenant shall subject to the provisions of this Act 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 at the time of this ejectment, on. an application made to an Assistant Collector of the First Grade having jurisdiction, within one year from the date of intimation of reservation after the commencement of this Act, or, if no such reservation is made within the period specified in sub-section (3) of Section 5, two years from the date of ;ommencement of this Act: Provided that if more tenants than one have been ejected'from the same tenancy, the right of application for restoration shall be exercisable in serial order of priority commencing from the tenant first ejected and to the extent in each case of the permissible area, after taking into account any other tenancy, or land which the ejected tenant holds at the time of his application for restoration. On receipt of an application the Assistant Collector shall, after giving to the ies notice in writing and a reasonable opportunity to be heard, determine the ute summarily and shall keep a memorandum of evidence and a gist of his order with brief reasons therefor. 'hen an application has been made, any proceedings in relation to the same r pending in any other court or before any other authority shall be stayed on t of information by that court or authority from such Assistant Collector of :t of having received the application and all such proceedings in a court or any authority shall lapse when the dispute has been determined by the nt Collector acting under this Act. sla.2111=1111111111 11r-- 10 THE PUNJAB SECURITY OF LAND TENURES ACT, 1953 Section---10A (4) A landowner or any other person in actual possession of land at the time of restoration shall be entitled to such compensation as may be determined by the Assistant Collector, from the tenant intended to be restored, for any loss suffered in consideration of anything done prior to the date of his first receiving information of the application; Provided that no ejected tenant shall be restored to his tenancy as provided hereinbefore unless he has paid compensation as determined by the Assistant Collector ,to the landowner or other person, if any, as the case may be. 10-A. SURPLUS AREA FOR RESETTLEMENT OF EJECTED TENANTS. - (a) The State Government or any officer empowered by it in this behalf, shall be competent to utilise any surplus area for the resettlement of tenant ejected, or to be ejected, under clause (i) of sub-section (1) of Section 9. (b) Notwithstanding anything contained in any other law for the time being in force and save in the case of land acquired by the State Government under any law for the time being in force or by an heir by inheritance no transfer or other disposition of land which 'is comprised In surplus area, at the commencement of this Act, shall affect the utilization thereof in clause (a). Explanation - Such utilisation of any surplus area will not effect the right of the landowner to receive rent from the tenant so settled. (c) For the purposes of determining the surplus area of any person under this section any judgment, decree, or order of a court or other authority, obtained after the commencement of this Act and having the effect of diminishing the area of such person which could have been declared as his surplus area shall be ignored. Case Law Sections 10-A, 10-B, 5-B, 5-C, 8 and 12—Surplus area—Tenants . permissible area—Collector, while deciding the case of big landowner, stated, out of 133 .standard acres 2 units, 126 standard acres 17 units were under the cultivation of old tenants—Therefore no. surplus area—Original land owher died without . exercising his vested right of selecting his permissible area—In alternative, such an exercise is not done by the concerned authorities themselves—Resultantly, area commuted in the hands of heirs of land owner and in as much as heirs were not the big land owner, having less than 30 Standard Acres of land— No order declaring a landowner's area to be tenants permissible area can be passed— Appeal dismissed; Antu and others v. Naresh Saran and others; 2001(2) Land L.R. (Pb. & Hry.) (DB) 475 Sections 10-A, 10-B and 12(3)—Surplus area—Release of—Land declared surplus and vested in the state w.e.f. 23.12.1972— Original owner died in 1973— Such land cannot be released on the ground of inheritance as owner has deemed to vested land in state-Death will have no effect.; Amar Singh v. State of Haryana : 2002(3) Land L.R (Pb.& Hry.) 487 THE PUNJAB SECURITY OF LAND TENURES ACT, 1953 11 Section---10B, 11, 12 and 13 10-B. SAVING BY INHERITANCE NOT TO APPLY AFTER UTILISATION OF SURPLUS AREA. - Where succession has opened after the surplus area or any part thereof has been utilised under clause (a) of Section 10-A, the saving specified in favour of an heir by inheritance, under clause (b) of that section shall not apply in respect of the area so utilised. 1I. TENANTS RIGHT TO WATER. - Save in proportion to reduction in the tenancy, if any, a landowner shall not be competent to curtail or terminate the supply of canal or use of well water enjoyed by a tenant immediately before the commencement of this Act, and a breach of this provision shall constitute a cognizable offence punishable with imprisonment which may extend to six months and shall be triable by a court not below the rank of a Second Class Magistrate. 12. AMOUNT OF MAXIMUM RENT. - (1) Notwithstanding anything contained in the Punjab Tenancy Act, 1887 (Act XVI of 1887), or in any agreement or usage or any decree or order of a court, the maximum rent payable by a tenant for any land held by him as such shall not exceed one-third of the crop of such land or the value thereof as determined in the prescribed manner, and where the customary rent is less than one-third the maximum rent shall 'be such customary rent. (2) In computing the maximum rent payable by a tenant, such portion of the rent, if any, as represents the consideration for services or facilities provided by the landowner In relation to the land shall not be taken into account. Case Law Section 12—Rent—Enhancement of—Tenants, cultivating land on a nominal rent since long—Enhancement sought by landlord on ground of increase in value of land and increase in agricultural produce due to modern cultivating methods— Held— As per prelvant custom, rent to be determined as 1/3 batai of actual produce instead of fixing it.; Ram Kumar v. Ram Nath : 2003(3) Land L.R. (F.C. • Haryana) 44 Sections 12 and 14- A(iii)—Tenancy—Rent—Illegal to. recover rent by way of 1/2 share of agricultural produce of the land under tenancy—A land lord cannot recover more than 1/3rd of such produce—Once tenancy is created, theka (lease money) cannot be claimed—Single default of non-payment of rent is sufficient to render the tenant liable for ejectment—Collecting rent in excess of maximum, alleged but, whether tenant has sufficient cause for non-payment is to be decided—Case remanded.; Apt Singh v. Mela Singh (Dead) through LRs. : 2002(3) Land L.R (FC., Pb.) 514 13. ASSESSMENT OF CHARGES FOR SERVICES OR FACILITIES PROVIDED BY THE LANDOWNER. - Unless the charges payable for services or facilities provided by landowner in relation to the land have been specifically provided for in an agreement between the parties, such charges shall be determined by the Assistant Collector, First Grade, having jurisdiction, who shall 12 THE PUNJAB SECURITY OF LAND TENURES ACT, 1953 Section---14 and 14A give due regard to the usage of the locality and if there is no such usage, he shall give regard, amongst other matters, to - (a) the direct advantage gained by the land by the provision of such services or facilities; (b) the condition or. nature of the services of facilities and the probable duration of their effects; (c) the labour or capital required for the proyision of such services or facilities. 14. DUTY OF LANDOWNER TO FURNISH RECEIPT FOR RENT RECEIVED FROM TENANT. - Every landowner shall give or cause to be given a valid receipt to the tenant in the form prescribed for the rent received by him or on hl behalf. (2) Any landowner who fails to give or cause to be given such receipt shall on conviction be punishable with fine which may extend to one hundred rupees. 14-A. PROCEDURE FOR EJECTMENT AND RECOVERY OF ARREARS OF RENTS ETC. - Notwithstanding anything to the contrary contained in any other law for the time being in force, and subject to the provisions of Section 9-A - (i) a landowner desiring to eject a tenant under this Act shall apply in writing to the Assistant Collector, First Grade,. having jurisdiction, who shall thereafter the Assistant Collector, First Grade, having jurisdiction, who shall thereafter proceed as provided for in sub- section (2) of Section 10 of this Act, and the provisions of sub- section (3) of the said section shall also apply in relation to such application, provided that the tenant's rights to compensation and acquisition of occupancy rights, if any, under the Punjab Tenancy Act, 1887 (XVI of 1887) shall not be affected; (ii) a landowner desiring to recover arrears of rent from a tenant shall apply in writing to the Assistant Collector, Second Grade, having jurisdiction, who shall thereupon send a notice in the form prescribed, to the tenant either to deposit the rent or value thereof if payable in kind or give proof of having paid it or of the fact that he is not liable to pay the whole or part of the rent, or of the fact of the landlords refusal to receive the same or to give a receipt, within the period specified in the notice. Where, after summary determination, as provided for in sub-section (2) of Section 10 of this Act, the Assistant Collector finds that the tenant has not paid or deposited the rent, he shall eject the tenant summarily and put the landowner in possession of the land concerned; '(iii) (a) if a landowner refuses to accept Pint from his tenant or demand rent in excess of what he is entitled to under this Act, or refuses to give a. receipt, the tenant may in writing inform the Assistant Collector, Second Grade, having jurisdiction of the fact; . (b) on receiving such application the Assistant Collector shall by a written notice require the landlord to accept the rent payable in THE PUNJAB SECURITY OF LAND TENURES ACT, - 13 accordance within this Act, or give a receipt, as the case' may be, cr both, within 60 days of the receipt of the notice. Case Law Section 14 A— Petitioner ordered to be ejected from the land of respondent, as respondent was a small farmer—Ejectment was subject to his settlement on some other land—Petitioner did not apply for resettlement but stopped paying rent to respondent—For failure to pay rent he was ordered to be evicted—It was further held that mere passing of order of eviction, a tenant is not absolved of his responsibility to pay rent—Detailed orders were passed by the authorities below—No merit in petitions—Dismissed with costs payable to small landlord, respondents; Sunder Singh v. Financial Commissioner, Revenue, Punjab and others; 2001(1) (Pb. & Hry.) 648 Section 14-A—Proviso (as added by the Act 5 of 1991)—Punjab Security of Land Tenures Rules, 1956—Rules 22 Form 'N'— Eviction—Non- payment of rent—Arrears of Rent payable, assessed by Assistant Collector—Not deposited within 15 days—Eviction ordered—NO jurisdictions with Collector to extend time; Smt. Chando Devi v. Smt. Dharmo Devi; 2002(1) Land L.R. (F.C. Hry.) 304 Section 14-A (as amended in 1992)—Arrear of Rent—Ejectment— Rent paid within 15 days of date of first hearing—Ejectment set aside— Order correct as per law;Raj Mal v. Vijay Kumar : 2002(3) Land L.R. (FC, Hry.) 229 Section 14-A (as amended in 1992)—Additional protection bestowed on the tenants who are allowed to deposit the due rent in favour of the landlord within 15 days of the first hearing of the case before ACIG and such a hearing dates from the day of application of mind to the issues involved in application under Form-L; Raj Mal v. Vijay Kumar : 2002(3) Land L.R. (FC, Hry.) 229 Section 14(A)(i) and (II) and 24—Punjab Tenandy Act, 1887— Section 84— Ejectment—Non-payment of Batai—Non impleadment of necessary party— Mother of landlord residing in village and receiving rent from tenant—No reason accorded for non- examination 'of prime witness (mother)—In interest of justice, case remanded, to be decided afresh after examining the prime witness; Jagdish v. Janak Kumar 2002(3) Land L.R. (FC, Hry.) 245 Section 14A (ii) Form 'N'—Punjab Tenancy Act, 1887—Section 77(3)—Non- payment of rent—Ejectment order under Pb. Tenancy Act—Notice under Section 14A(ii) of Pb. Security of Land Tenures Act in form 'N' served on tenant—Non- compliance of procedure—Ejectment order set aside; Ramesh Chand v. Subhash Chand : 2003(1) Land L.R. (FC.- Hry.) 157 Sections 14-A(ii) and 2(8)—Ejectment of tenant—Failur
Excerpt shown. Open the full act in Lexace.