Punjab Security Of Land Tenures Act,1953

PUNJAB SECURITY OF LAND TENURES ACT,1953

                      

Punjab Act No. 10 of 1953

                      

Contents

 

SN

       Subject

1.       

Short title, extent and commencement

2.       

Definition

3.       

Reservation of land by small land-owners

4.       

Direction for landowner

5.       

Reservation of Land

   5A

Declarations supported by affidavits to be furnished by certain land-owners and tenants

5B

Selection of permissible area and consequence of failure to select

5C

Penalty for failure to furnish declaration

6.       

Certain previous transfers if land not to affect rights of tenants

7.       

****

8.       

Continuity of  tenancies

9.       

Liability of tenant to be rejected

10.    

Restoration of tenant ejected after the 15th of  August, 1947

11.    

Tenant’s right to water

12.    

Amount of  maximum rent

13.    

Assessment of charges for service or facilities provided by the land-owner

14.    

Duty of land owner to furnish receipt for rent from tenant

15.    

******

16.    

Saving of tenancies from effect of mala fide transfer

17.    

Right of certain tenants to pre-empt sale etc. of land

17A

Certain sales of  tenancy land not preemptible

17B

Certain Mortgages to be deemed as 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

19A

Bar of future acquisition of land in excess of permissible area

19B

Future acquisition of land by inheritance in excess of permissible area

19C

Power to cause delivery of possession of surplus area

19D

Exemption of certain land

19DD

Exemption of lands granted for gallantry before 26th January, 1950

19E

Land owned by Hindu undivided family to be deemed land of one land-owner

20.    

Restrictions on tenants

21.    

Saving of tenants and lessees under Government

21A

Power to remove difficulties by modifications of provisions in 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 land-owners in joint lands

25.    

Exclusion of courts and authorities

26.    

Indemnity  

27.    

Notification by Govt.

28.    

Repeal and savings

 

 

 

1THE PUNJAB SECURITY OF LAND TENURES ACT,1953

                      

Punjab Act No. 10 of 1953

 

[ Received the assent of the president on the 15th April ,1953 and was published in the Punjab Government Gazette ( Extraordinary ) of the 15th, April, 1953]

                           

 

1

 

2

 

3

 

4

 

Year

 

No.

Short title

Whether affected by legislation

1953

19

The Punjab Security of  Land Tenures Act, 1953

 

 

 

 

 

 

 

 

 

Amended by-

Punjab Act 57 of 19532

Punjab Act 11 of 19553

Punjab Act No. 46 of 19574

Punjab Act No. 4 of 19595

Punjab Act No. 32 of 19596

Punjab Act No. 14 of 19627

Punjab Act No. 12 of 19688

Punjab Act No. 28 of 19699

Adaptation of Punjab Order, 1970

Punjab Act 10 of 197310

 

 

                  

1For statement of objects and Reasons, see Punjab Government Gazette (Extraordinary), 1952, page 1379,for proceedings in Assembly, see Punjab Legislative Assembly Debates,1953.    

 

2For statement of objects and Reasons, see Punjab Government Gazette (Extraordinary), 1953, page 1571, for proceedings in Assembly, see Punjab Legislative Assembly Debates, 1953.

 

3For statement of objects and  Reasons, see Punjab Government Gazette ( Extraordinary), 1955,page 243-44,foe proceedings in Assembly, see Punjab Legislative Assembly Debates 1955.

 

4For statement of objects and  Reasons, see Punjab Government Gazette (Extraordinary), 1957,page 1679, for proceedings in the Assembly, see Punjab Legislative Assembly Debates,1957.

 

5For statement of objects and Reasons, see Punjab Government Gazette (Extraordinary), 1958, pages 1542-44, for proceedings in the Assembly, see Punjab Legislative Assembly Debates,1958.

 

6For statement of objects and Reasons, see Punjab Government Gazette (Extraordinary),1959,pages 1009-1010: for proceedings in the Assembly, see Punjab legislative Assembly Debates,1959. 

 

7for statement of objects and Reasons, see Punjab Government Gazette (Extraordinary),1962,pages 646-647.

 

8For statement of objects and Reasons, see Punjab Government Gazette (Extraordinary), 1967,page 443.

 

9For statement of objects and Reasons, see Punjab Government Gazette (Extraordinary), 1969,page 1128.

 

10For statement of objects and Reasons, see Punjab Government Gazette (Extraordinary), 1972,page 1471

                                                     

 

                

 

An Act to provide 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.

 

 

Section 28 of the Punjab Land Reforms Act, 1972 is reproduced as under:-

 

           “28  (1) The  Punjab Security of Land Tenures Act, 1953 and  The Pepsu Tenancy and  Agricultural Lands Act,1955, in so far as these are inconsistent with the provisions of this Act, are hereby repealed.

 

                 (2) The repeal of the enactments  mentioned in sub-section (1) hereinafter referred to as the said enactments  , shall not affect –

 

(i)                                        The proceedings for the determination of the surplus  area pending immediately before the commencement  of this Act under either of the said enactments  which shall be 3 continued and disposed of as if this Act had not been passed and the surplus area so determined shall vest in, and he utilised  by the State Government in accordance with the provisions of this Act :

 

         Provided that such proceedings shall as for as may be, be continued and disposed of from the stage these were immediately before the commencement of this Act, in  accordance with the procedure specified by or under this Act* [ and the case pending  before the Pepsu Land Commission immediately before the date of commencement  of this Act shall stand transferred to the Collector of the district concerned for disposal : ]

 

       Provided further that nothing in this section shall effect the determination and utilisation of the surplus area other than the surplus area referred to the above in accordance with the provisions of this Act.

 

(ii)                                      The previous operation of the said enactments or anything duly done or suffered thereunder.

 

(iii)                                     Any right , privilege obligation or  liability acquired , accrued  or incurred under the said enactments ,in so far as such right, privilege, obligation or liability is not inconsistent with the provisions of this Act and any proceeding or remedy in respect of such right. privilege obligation or  liability may be instituted continued  enforced as if this Act had not been passed:

 

Provided that such proceeding or remedy shall, as far as may be, be instituted, continued or enforced in accordance with the procedure specified by or under this Act”.

 

*Added by Punjab Act 40 of 1973..

 

 

 

(2)     It shall come in to force at once.

(3)     It shall extend to the whole of the the State of Punjab .

1[(4) Save as elsewhere expressly provided in this Act nothing contained there in shall apply to co-operative garden colonies which were registered before the coming into  force of this  Act]

 

2.                                                               Definition - 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 are”;

   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, if he is a joint owner only his share 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 exceeds sixty acres, such sixty acres:

 

1Subsitituted by Punjab Act 11 of 1955.

 

Provided that –

(i)  no area under an orchard at the commencement of this  Act, shall be taken into account in computing the permissible   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 maybe,

 

(b)              Who has been allotted land in excess of thirty standard acres, but less than fifty standard acres, the permissible area shall be equal to his allotted area;

 

(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..

 

1[Explanation – For the purpose of determining the permissible are of a displaced person, the provisions of proviso (ii) shall not  apply to the heirs and successors  of the displaced persons to whom land is allotted.]

 

(4)               “Reserved area” means the area lawfully reserved under the 2“Punjab Tenants ( Security of Tenures),Act,1950 (Act XXII of1950), as amended by President’s  Act of 1951, hereinafter referred to as the “1950 Act “ or under this Act.

 

1Added by Punjab Act No. 14 of 1962 and shall be deemed to have come into force on the 15th April,1953,-vide section 1 (2) of the Act ibid.

2Repealed by section 28 of 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.

 

1[(5-a) “Surplus Area” means the are other than the reserved area, and, where, no area has been reserved ,the area in excess of the permissible area selected 2[ under section 5-B or the area which is deemed to be surplus area under sub-section (1) of section 5_C) 3[ and includes the area in excess of the permissible area selected under section29-B]; but it will not include a tenants 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 months  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 (Act XVI of 1887) and includes a sub-tenant, and self cultivating lessee, but shall not include a present holder as defined in section 2 of the Resettlement Act.

 

(7)               “Year” means agricultural year, as defined in section 4 of the Punjab Tenancy Act, 1887 (Act XVI of 1887).

 

(8)               Land” and 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(XVI of 1887).

 

1New clause (5-a) added by Punjab Act 11 of 1965

2Subsitituted for the words “as prescribed by Punjab Act No. 46 of 1957,section 2

3Inserted by Punjab Act No. 14 of 1962 and shall be deemed to have come into force on the 30th July,1958,-vide section 1 (2) of Act ibid.  Clause  (5-a) shall be deemed to have been inserted with effect from the 15th April,1958,-vide section 10 of Act ibid.

 

1[(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) “Prescribe” 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, 1949 (Act XXXVI of 1949).

 

3.                                                                Reservation of land by small land-owners - Any small  landowner, who by virtue of an allotment  made 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 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 the extent of the permissible area, whatever land he had under self-cultivation immediately before the commencement of this Act.

 

4.                                                               Any landowner, who has made a lawful reservation of land under the 1950 Act, and whose allotment is modified or revised, after the commencement of this Act. under  the Administration of Evacuee Property Act, 1950 (Act XXXI of 1950) shall be  entitled to make a fresh reservation before the expiry of six  months  from the date of his obtaining possession of the land so allotted:

 

Provided that in making this 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 by 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 as may be prescribed:

Provided that in making this reservation he shall include his areas 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 excluding 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 or 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 variation or until such time as the right to eject such tenant otherwise accrues under the provisions of this Act.

1(4)         *               *                *

1(5)         *               *                *           

 

2[5-A. Declarations supported by affidavits to be furnished by certain land-owners 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,1957, a declaration supported by an affidavit, in respect of the lands owned or held by him in such form and manner and to such authority as may be prescribed.

 

25-B. Selection of permissible area and consequence of failure to select - (1) A land owner who has not exercised his right of reservation 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 5A 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 parcels of land  which such person is entitled to retain under the provisions of this Act;

 

1Clsauses (4  and 5) omitted by Punjab Act 57 of 1953

2Section 5A, 5B and 5C inserted by Punjab Act No. 46 of 1957, section 3.

See foot-not on page 323.

 

Provided that the prescribed authority shall not make the selection without giving the land owner concerned an opportunity of being heard.

 

1 5-C   Penality for failure to furnish declaration - (1) If a land owner 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 Collector may, by order, direct that the whole or part of the land of such land- owner or tenant in excess of ten standard acres to be specified by such authority shall be deemed to be the surplus area of such land owner 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 land -owner or tenant concerned an opportunity of being heard.

(2) Where a land owner 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].

 

1Section 11 of Punjab Act no. 14 of 1962,reads as follows:-

“Validation. 11. Notwithstanding anything contained in this Act of the rules made thereunder or in any other law for the time being in force or in any judgment, decree or order of any court of other authority,-

(a)                        Where the surplus area in respect of the land owned by a Hindu undivided family referred to in clause (a) of section 19-E of the principal Act has been determine under that Act at any time  before the commencement of this Act by any authority competent to determine such area, whether by ignoring the partition of any such land made after the commencement of the principal Act or otherwise, such determination shall be valid and shall be deemed always to have been valid and shall not be questioned on the ground that the descendants of the land-owners constituting with him the Hindu undivided Family were land-owners in their own right in respect of their shares in such land or on the ground that the partition had been ignored;

 

(b)                        Where an order under sub-section (2) of section 5-B or sub-section (1) of section 5-C, in respect of the surplus area of any person, has been passed by a revenue officer exercising the power of a Collector purporting to act as the prescribed authority, such order shall be valid and shall be deemed always to have been valid and shall not be questioned on the ground that it was not passed by the prescribed authority.”  

 

1[6.      Certain previous transfers if land not to affect rights of tenants - No transfer of land , except a bona fide sale or mortgage with possession or a transfer resulting from inheritance, made after the 15th  August , 1947 and before the 2ndFebruary, 1955 shall affect the rights of the tenant on such land under this Act]

 

2 [7              *                               *                                      *

 

3[8 Continuity of  tenancies - the continuity of a tenancy shall not be affected by-

(a)              the death of the landlord, or

(b)              the death of the tenant except when the tenant leaves no male lineal decendants or  mother or widow, and 

(c)              any change therein under the same land-owner 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 rejected- 4[(1) Notwithstanding anything contained in any other law for the time being in force no land owner shall be competent to eject a tenant except when such tenant-

(i)     is  a tenant on the area reserved  under this Act or is a tenant of a small landowner[or]5

(ii)       fail to pay rent regularly without sufficient cause [or]2

 

1Substituted by Punjab Act No. 14 of 1962, section 3.

2sectioin 7 omitted by Punjab Act 11 of 1955.

3Section 8 substituted by ibid.

4Substituted for sub-section (1) and (2) of section 9 by Punjab Act No.11 of 1955 ibid and existinig sub-section (3) renumbered as sub-section (2).

5Added by Punjab Act No. 32 of 1959,section 2.

 

(iii)       is in arrears of rent at the commencement of this Act [or]1

(iv)      has 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]1

 (v)      has used, 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] has sublet the tenancy or a part thereof; provided that where only a part of the tenancy has been sublet ,the tenant shall be liable to be ejected only from such part[or]1

(vi)      has sublet the tenancy or a part thereof; provided that where only a part of the tenancy has been sublet, the tenant shall be liable to ejected only from such part  [or]1

(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 the land-owner. 

 

Explanation -- For the purposes of clause (iii) a tenant shall be deemed 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 or decree or order , directing him to pay such arrears   of rent.]

(2)                                     Notwithstanding anything contained herein before 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 land owner:

 

1Added by Punjab Act 32 of 1959,section 2.

 

Provided further that if the tenant holds land of several land owners and more than one land owner seeks his ejectment, shall be exercised in the order in which the applications have been made or suits have been filed by the landowners concerned and incase of simultaneous applications or suits the priority foe ejectment shall commence serially from the smallest land owner.

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.  

 

1[9-A  No tenant  liable to ejectment under clause (I) o f sub-section (1)  of the section next preceding shall be dispossessed of his tenancy unless he is accommodated ona 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 land-owner, 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 :

 

2[Provided further that the tenant of.  a land-owner who is a member of the Armed Forces of the  Union shall also not be entitled to the benefit of this section .]

1New section 9-A added by Punjab Act 11 of 1955.

2added by Punjab Act  No. 28 of 1969,section 2.

 

9.                  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 1[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 Grade having jurisdiction within one year from the date of  from 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 section5,two years from the date of commencement 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 in to account any other tenancy or land which the ejected tenant holds at the time of his application for restoration]

(2)                                       On receipt of an application the Assistant Collector shall, after giving to the parties notice in writing and a reasonable opportunity  to be heard, determine the dispute  summarily, and shall keep a memorandum of evidence and a gist of his final order with brief reasons therefor.

(3)                                       When an application has been made, any proceedings in relation to the same matter pending in any other court or before any other  authority  shall be stayed on receipt of information by that court or authority   from such Assistant Collector of the fact of having received the application and all such  proceedings in  a court or before any authority shall lapse when the dispute has been determined by the Assistant Collector acting under this Act.

 

1Substituted by Punjab Act 57 of 1953.

 

 

(4)  A landlord 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  here in before  unless he has paid compensation as determined by the Assistant Collector to the land-owner or other person , if any, as the case may be.

1[10-A (a) The State Government or any officer empowered by it in this be half, shall be competent to utilize any surplus area for the resettlement of tenants 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 force2 [ 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 utilization of any surplus area will not affect the right of the land-owner to receive  rent from the tenant so settled.]

 

3[(c) For the purpose of determining the surplus area of any person under this section. any judgement 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]

1New section-A added by Punjab Act 11 of 1955 and shall always be deemed to have been inserted with effect from the 15th April, 1953—vide section 10 of Punjab Act no.14 of 1962.

2Inserted by Punjab Act No. 4 of 1959,section 2.

3Clause  (c) added with effect from the 15th April, 1953, by Punjab Act  No. 14 of 19652, section 1 (2) and 10.

 

 

1[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.

 

11.   Tenant’s right to water- Save in proportion to a reduction in the tenancy, if any, a land owner shall not 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 be a tenant, such portion of the rent if any, as represents the consideration for services or facilities provided by the land-owner in relation to the land shall not be taken into account.

 

13.                                                              Assessment of charges for service or facilities provided by the land-owner - Unless the charges payable for services or facilities provided by the land owner 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 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 or facilities and the  probable duration of their effects ;

(c)                  the labour  or capital required for the provisions of such services  or facilities.

1New section 10-B inserted with effect from the 15 April,1953, by Punjab Act 14 of 1962, section 5 and 1 (2).

 

 

14.                                                              Duty of land owner to furnish receipt for rent from tenant - (1) 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 his behalf.

 

(2)               Any landowner who fails to give or cause to be given such receipt shall on conviction be punishable with a fine which may extend to one hundred rupees.

 

1[14-A. Not with standing 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 land owner desiring to eject a tenant under this  Act shall apply in writing  to the Assistant Collector First Grade having jurisdiction, who shall  thereafter  proceed as provided for in sub-section (2) of sub-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 tenants 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 land-owner 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 landlord refuses to accept rent from his tenant or demands 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;

1New section 14-A, added by Punjab Act, 11 of 1955.

 

(b)                                                               on receiving such application, the Assistant Collector shall by a written notice require the landlord to accept the rent payable in accordance with this Act, or to give a receipt, as the case maybe , or both ,within 60 days  of the receipt of the notice ]

 

15.         1  *                             *                                              *

 

2[16.     Saving of tenancies from effect of mala fide transfer - 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 effect after the Ist February, 1955,shall affect the rights of the tenant thereon under this Act]

 

17.       Right of certain tenants to pre-empt sale etc. of land- Notwithstanding anything to the  contrary contained in any law usage or contract and subject          to  the provisions of section 18, tenant of land-owner other than a small land-owner ;-

(i)         Who has been in continuous occupation of the land comprised in his tenancy for a period exceeding four years on the date of the sale of the land or foreclosure of the right to redeem the land, or

(ii)                                                    in case of a  sale or foreclosure that has taken place or shall take place within a period of three years from the commencement of this Act and there is no tenant who has acquired a right under clause(I)

(a)                 Who was ejected from tenancy after the 14th day of August, 1947 and before the  commencement of this Act on grounds other than those mentioned  in section 9, and  was in continuous occupation of the land comprised in his tenancy for a period exceeding four years on the date of his ejectment, or

(b)                Who has been (restored to his tenancy under the provisions of this Act and whose period of continuous occupation of the land comprised in his tenancy immediately before ejectment and immediately after restoration of his tenancy together exceed four years shall, in preference to the rights of other pre-emptors  as provided in the Punjab  Pre-emption Act, 1913 (Act I of 1913) except the descendants of vendors grand-father be entitled to pre-empt the sale or foreclosure of the land other than the land comprised in the reserved area of the land area  of the land owner in the manner prescribed in that Act within one years from the date of sale or foreclosure as the case may be :

 Provided that no tenant referred to in this sub-section shall be entitled to exercise any such right in respect of the land or any portion thereof, if he had sublet the land or the portion,as the case may be to  any  other person unless during that period the tenant was suffering from a legal disability or physical  infirmity, or if a woman, was a widow or was unmarried.

1Omitted by Punjab Act No. 32 of 1958, section 3.

2Substituted by Punjab Act 11 of 1955.

 

1[17-A. Certain sales of  tenancy land not preemptible - 1)  Notwithstanding anything to the contrary contained in this Act, of the Punjab  Pre-Emption Act, 1913, a sale of land comprising the tenancy of a tenant made to him by the land-owner shall not be pre-emptible 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 ;

 

Provided that for the purposes of this sub-section the expression tenant includes a joint  tenant to whom  whole or part of the land comprising the joint tenancy is sold by land-owner :

(2)                                       Where, after the commencement of this Act, a tenant, to whom the land comprising his tenancy is sold by the land-owner 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 prescribed manner have the option either to purchase the land from the 8pre-emptor on payment the by him to an Assistant Collector of the first grade having jurisdiction within a period of one year from the commencement of the Punjab Security of Land Tenures (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 (2) of section 10.

1New section 17-A and 178-B, inserted by Punjab Act No. 4 of 1959, section 3.

 

 

17-B.   Certain Mortgages to be deemed as tenants under the Act -  (1) Where, after the commencement of this Act, land comprising the tenancy of a tenant is mortgaged to him with possession by the land-owner and such land is subsequently redeemed by the land owner, the tenant shall, notwithstanding such redemption or any other law for the time being in force be deemed to be the tenant of the land-owner 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 land owner in execution of a decree of order of redemption, he shall be entitled to be restored to his tenancy in the prescribed manner 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 Punjab Security of Land Tenures (Amendment)  Ordinance, 1958. 

(3)               An application received under sub-section (20 shall be disposed of by the Assistant Collector of the first grade in  the manner laid down in sub-section (2)  of section 10]

 

18.   Rights of certain tenants to purchase land - (1) Notwithstanding anything to the contrary contained in any law, usage or contract, a tenant of a land-owner other than a small land-owner –

 

(i)                  Who has been in continuous occupation of the land comprised in his tenancy  for1 [ a minimum 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 tenancy together 1[ amounts to six years or 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 of the land, comprised in his tenancy for a period, 2[of six years or more immediately before his ejectment],

 

Shall be entitled to purchase from the land owner the land so held by him but not  included in the reserved  area of the land-owner in the case of tenant falling within clause (I) or clause (ii) at any time, and in the case of 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 to exercise any such right in respect of the land or any portion thereof if he had  sublet the land or the portion, as the case may be, to any other person during any period of his continuous occupation unless during that period the tenant was suffering from a legal  disability or physical  infirmity, or if a woman, was a widow or  was unmarried :

 

            Provided further that if the land intended to be purchased is held by another tenant who is entitled to pre-empt the sale under the next preceding section, and who is not accepted by the purchasing tenant, the tenant in actual occupation shall have the right to preempt the sale.                

 

(2)        A tenant desirous of purchasing land under sub-section (10 shall make an application in writing to an Assistant Collector of First Grade having jurisdiction over the land concerned. [*3 * ] and the Assistant  Collector ,after giving notice to the land –owner and to all other persons interested in the land and after making such inquiry  as he thinks fit, shall 1[determine] the  value of the land which shall be the average of the prices obtaining for similar land in the locality during 10 years immediately proceeding the date on which the application is made.

 

2(3) The purchase price shall be three-fourths of the value of land as so determined.

 

(4)    (a) The tenant shall be competent to pay the purchase price either in a lump sum or in six-monthly instalments not   exceeding ten in the manner prescribed.

(b)                On the purchase price or the first instalment thereof, as the case may be, being deposited, the tenant shall be deemed to have become the owner of the land, and the Assistant Collector shall, where the tenant is not already in possession and subject to the provisions of the Punjab Tenancy Act (XVI of 1887) put him in possession thereof.

(c)                  If a default is committed in the payment of any of the instalments, the entire outstanding balance shall, on application by the person entitled to receive it, be recoverable as arrears of land revenue.]

1Substituted by Punjab Act 11 of 1955, for the words “exceed twelve years”.

2Substituted by Punjab Act 11 of 1955 for  “exceeding twelve years on the date of his ejectment”.

3The words “for determining the value of such land”,  omitted by Punjab Act 11 of 1955.

 

(5)        If the land is subject to a mortgage at the time of  the purchase, the land shall pass to the tenant unencumbered by the mortgage, but the mortgage  debt shall be a charge on the purchase money.

(6)                                       If  there is no such charge  as aforesaid the Assistant Collector shall subject to any directions which h (he may receive from any court pay the purchase money to the land owner.

(7)                                        If there is such a charge, the Assistant Collector shall, subject as aforesaid, apply in the discharge of the mortgage debts so much of the purchase money as is required for that purpose and pay the balance if any to the landowner or retain the purchase money pending the decision of a civil court as to the person or persons entitled thereto.

1Substituted for the words “fix” by Punjab Act 11 of 1955.

2Sub-section (3) (4) substituted by Punjab Act 11 of 1955.

 

19        Sections 17 and 18 not to apply to certain property and tenants - Nothing contained in section 17 or section 18 shall affect any land which is evacuee property, as defined in the Administration of Evacuee Property Act, 1950 (XXXI of 1950 )  1[ * * * ] or any other land which may at any time be acquired by the Central Government for resettlement of displaced persons.

 

2[19-A].  Bar of future acquisition of land in excess of permissible area  (1) Notwithstanding anything to the contrary in any law, custom, usage, contract or agreement from and after, the commencement of the Punjab Security of Land Tenures ( Amendment ) Ordinance, 1958 ,no person , whether is landowner ,or tenant, shall acquire or possess by transfer ,exchange, lease, agreement  or settlement any land, which with or without the land already  owned or held by him, shall in the aggregate exceed the permissible area :

             Provided that nothing in this section shall apply to land belonging to registered  co-operative  societies  formed for purposes of co-operative firming if the land owned by in individual member of the society does not exceed the permissible area.

(2)               Any transfer, exchange, lease, agreement or settlement made in contravention of the provisions of sub-section (1) shall be null and void.

 

19-B Future acquisition of land by inheritance in excess of permissible area - (1)3 [Subject to the provisions of section 10-A, if after the commencement of this Act, any person, whether as land owner or tenant, acquires by inheritance or by bequest or gift from a person to whom he is an heir any land ,or if after the commencement of this Act and before the 30th July,. 1958, any person has acquired by transfer ,exchange, lease, agreement  or settlement and land of if after such commencement , any person acquires in any other manner any land which, with or without the lands already owned or held by him, exceeds in the aggregate the permissible area, then he shall within the period prescribed , furnish  to the collector ,  a return in the prescribed form and manner giving the particulars of all lands and selecting the land not exceeding in the aggregate the permissible area which he desires to retain, and if the land of such person is situated in more than one patwar circle he shall also furnish a declaration  required by section 5-A.

 

1The words “at the commencement of this Act” omitted by Punjab Act No. 32 of 1959,section 4.

2New section 19A, 19B, 19C, and 19D, inserted by Punjab Act No. 4 of 1959,section 4

3Substituted  for the words” if after the commencement of this Act, any person, whether as land owner or tenant, acquired by inheritance or bequest or gift from a person to whom he is an heir any ;and or if after the commencement of this Act and before the 30th July,1958, any person has acquired by transfer, exchange lease, agreement or settlement any land” by Punjab Act No. 14 of 1962, section 6 with effect from the 30th July, 1958,-- vide section 1 (2).

 

 

(2)               If he fails to furnish the return and select his land within the prescribed period, then the Collector may in respect of him obtain the information required to be shown in the return through such agency as he may deem fit  1[and select the land for him in the manner specified in sub-section (2) of section 5-B].

 

(3)               If such person fails to furnish the declaration , the provisions of section 5-C shall apply.

(4)                The excess land of such person shall be at the disposal of the State Government for utilization as surplus area under clause (a) of section 10-A or for such other purpose as the State Government may by notification direct.

 

19(C). Power to cause delivery of possession of surplus area - (1) The Collector may from time to time by order in writing direct the land-owner or the tenant to deliver possession of the land in his surplus area to the person resettled on such land by the State Government or any officer empowered by it within ten days of the service of the  order on him.

(2)        If the landowner or the tenant refuses or fails without  reasonable cause to comply with an order made under sub-section (1), the Collector may cause the possession of the land in the surplus area to be delivered to the person resettled on it and may for that purpose use such force as may be necessary.

 

19-D.    Exemption of certain land - The provisions of this Act shall not apply to lands granted to any members of the Armed Forces of the Union for gallantry.]

 

1Added by Punjab Act No. 14 of 1962 , with effect from the 30th July, 1958,-- vide section 6 (2) and 1 (2).

 

 

1[19.DD  Exemption of lands granted for gallantry before 26th January, 1950 - Notwithstanding anything contained in this Act where any land is  granted for gallantry at any time before the 26th  of  January,1950, to any member of the Armed Forces , whether maintained by the  Central Government or  by any Indian State, then, so long as such land or, any portion thereof, as the case may be ,has not passed from the original grantee into  more than three successive hands by inheritance or bequest ,and is held by grantee, or any such hands, such land or portion, as the case may be shall not be taken into account computing the surplus area under this Act, nor shall any tenant of such land or portion have the right to purchase it under section 18.

Provided that where such land or portion has passed into more than three such hands and the person holding such land or portion, immediately before the 3rd August, 1967,is a person to whom it has passed by inheritance or bequest, the exemption under this section shall apply, to such land or portion thereof, as the case may be during the life-time of such person .

 

2[19-E Land owned by Hindu undivided family to be deemed land of one land-owner - [ Notwithstanding anything contained in this Act or in any other law for the time being in force –

3(a) Where, immediately before the commencement  of this Act, a land  owner and his  descendants constitute a Hindu undivided family, the land owned by such family  shall, for the purposes of this Act, be deemed to be the land of that land-owner  and no descendant shall as member of such family, be  entitled to claim that in respect of his share of such land he is a land-owner in his own right; and

 

(b)                                                                   a Partition of land  owned by a Hindu undivided family referred to in clause (a) shall be deemed to be a disposition of land for the purposes  of section 10-A  and 16.

Explanation – In this section, the expression “descendant” includes an adopted  son.

1Inserted by Punjab Act No. 12 of 1968, section 2 and shall be deemed always to have been inserted.

2Inserted by Punjab Act No. 14 of 1962, with effect from the 15th April, 1953,- vide section 7 and 1 (2).

 

3Section 11 of Punjab Act No. 14 of 1962,,reads as follows:-

“11.   Notwithstanding any contained in this Act or the rules made thereunder or in any other law for the time being in force or in any judgment, degree or order of any court or authority:-

(a)        Where the surplus area in respect of the land owned by a Hindu undivided family referred to in clause (a) of section 19-A of the principal Act, has been determined under that Act at any time before the commencement of this Act by any authority competent to determine such area.  Whether by ignoring the partition of any such land made after the commencement of the principal Actor otherwise, such determination shall be valid and shall be deemed always to have been valid and shall not be questioned on the ground that the descendants of the land-owners constituting with him the Hindu undivided family were land owners in their own right in respect of their shares in such land or on the ground that the partition had been ignored. 

(b)        Where an order under sub-section (2) of section 5-B or sub-section (1) of section 5-C, in respect of the surplus area of any person,, has been passed by a revenue officer exercising the powers of a Collector purporting to act as the prescribed authority such order shall be valid and shall be deemed always to have been valid and shall not be questioned on the ground that  it was not passed by the prescribed authority.”

 

19-F.    For the removal of doubts it is hereby declared;-

(a)                                                      that the State Government or nay officer empowered in this behalf shall be competent and shall be deemed always to have been competent, to determine in the prescribed manner the surplus area referred to in section 10-A of a land-owner immediately before the commencement of this Act; and

(b)                                                       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 inheritance or by bequest  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 commencement and that  the land acquired by him after such commencement in any other manner shall always be evaluated for converting into standard acres as if the evaluation was being made on the date of such acquisition .

 

20.                                                              Restrictions on tenants - Nothing  contained in this Act shall entitle a tenant to purchase  land in excess of the permissible area, including the land which he may already own.

 

21.       Saving of tenants and lessees under Government - 1 [(1)]  Nothing contained in this Act, shall affect any land held by a tenant or lessee under Government ,or local bodies in the State, or any un-allotted   evacuee land.

1[(2)]  The Provisions of sections 9,9-A , and 18 shall not apply to lands leased out by the Punjab State Co-operative  Land Mortgage Bank Limited established under the Punjab Co-operative Land Mortgage Banks Act,1957].

 

2[ 21- A  Power to remove difficulties by modifications of provisions in  certain cases - (1) The State Government may, for the purpose of preventing or removing any hardship or difficulty, by a special or general order, to be notified in the official Gazette, direct that any of the provisions of this Act shall apply to any class of tenants or owners with such modifications as may be specified in that order.

(2)               Any order made under sub-section (1) shall be laid before3( * * * * ) the Legislature during the session next following after the making of such order, and unless  the said order is approved by 3 [ * * * * * ] the Legislature with or without modification, it shall cease to have effect]

 

4[22 Procedure for ejectment - Any dispute relating to rent payable by a tenant, or any objection relating to the permissible are, not otherwise expressly provided for in this Act. shall be determined in a summary manner as provided for in section 14-A provided that the order of the Commissioner, in appeal or revision in the ordinary course, shall be final .

 

1Section 21 renumbered as sub-section (12) 0f that section and after sub-section (1) so renumbered a new sub-section (2) added by Punjab Act No. 14 of 1962 section 8.

 

2New section 21-A, added by Punjab Act 11 of 1955.

 

3The Words “both the Houses of” omitted by the Adaptation of Punjab Laws Order, 1970.

 

4Substituted by Punjab Act 11 of 1955.

 

 

23.       Abrogation of pending decrees, orders and notices - No decree or order of any court or authority and no notice of ejectment shall be valid save to the extent to which it is consistent with the provisions of this Act.

 

24.                                                              Appeal, review and revision - The Provisions in regard to appeal, review and revision under this Act, shall, so far as may be, be the same as provided in section 80,81,82,83 and 84 of the Punjab Tenancy Act, 1887 (Act  XVI of 1887 ].

 

1[24-A Power to separate share of land-owners in joint lands - (1) where a land-owner owns land jointly with other land-owners and his share of such land or part thereof, as ascertained from the record of rights, has been or is to be declared as surplus, area, the officer competent to declare such area, or, where such area has been declared, the officer competent to utilise it, may on his own motion, after summary enquiry and affording to the person interest in such land an opportunity of being heard., separate his share of such land or part thereof in the land owned by him jointly with  other land-owners.

            (2)  Where, after the declaration of the surplus area of any  person and before the utilisation thereof, his land has been subjected to the process of consolidation the officers referred to in sub-section (1) shall be competent to separate   the surplus area of such person out of the area of land obtained by him after consolidation ]

 

25.                                                              Exclusion of courts and authorities - Except in accordance with the provisions of this Act, the validity of any proceedings or order taken or made under this Act shall not be called in question in any court or before any other authority.

 

26.                                                              Indemnity  - No suit or other legal proceedings shall lie against any authority in respect of anything done in good faith in pursuance of the provisions of this Act.

 

27.                                                              The State Government may be notification in the Official Gazette make rules for carrying out the purposes of this Act.

1New section 24A inserted by Punjab Act 14 of 1962, section 9.

 

28.                                                              Repeal and savings - The Punjab Tenants ( Security of Tenure ) Act, 1950 (Act XII of 1950), and the Punjab Tenants  (Security of Tenures ) Amendment Act, 1951 ( President’s  Act V of 1951 ), are hereby repealed but, not with standing  such repeal  and notwithstanding the expiry of the Prevention of Ejectment ( Temporary Powers) Ordinance , 1952 anything done or any action  in the exercise of any power conferred by or under the said Acts or the said Ordinance to the Extent  of its being consistent with the provisions of this Act, shall be deemed to have been done or taken in exercise of the powers conferred by or under this Act, as if this Act was  in force on the day on which such thing  was done or action taken.

 

THE PUNJAB SECURITY OF LAND TENURES

(AMENDMENT) ACT,1997 

 

                                 (PUNJAB ACT NO.6 OF 1998)

 

 

             [Received  the assent of the Governor of Punjab on the 27thJanuary,1998, and was first published for general information in Punjab Government Gazette (Extraordinary), Legislative Supplement dated the 29th  January, 1998.]

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 Forty- eight Year of the Republic of India, as follows:-

 

            1. (1)    This Act may be called the Punjab Security of Land Tenures Act. 1997;

                (2)    It shall come into force at once.  

            2.     In the Punjab Security of Land Tenures Act, 1953 (hereinafter referred to as the Principal Act), in section 2, after clause (8), the following clause shall be inserted, namely:-

        “(8-A)“Non-Resident Indian” means  a  person  of  Indian origin      

         who is either Permanently or temporarily settled outside India, in   

         either case :–

 

(a) for or on taking up employment outside India; or

(b) for carrying on a business or vocation outside India; or

(c) for any other purpose, in such circumstances as would indicate  

      his intention to stay outside India for an uncertain period.”                                                                         

3.         In the Principal Act, in section 9, in sub-section (1), for the words “no land-owner”, the words “no land-owner other than a land owner who is a member of the Armed Forces of the Union or a Non-Resident Indian” shall be substituted.

4.         In the Principal Act, in section 9-A, in the third proviso, after the words “a member of the Armed Forces of the Union” the words “or a Non-Resident Indian” shall be inserted.

 

5.         In the Principal Act, after section 9-A, the following section shall be inserted, namely :-

 

“9-B.    The concession given under sections 9 and 9-A to the land owner who is a Non-Resident Indian shall be one time concession and shall be available only in respect of the land acquired, or held by him before the commencement of the Punjab Security of Land Tenures (Amendment) Act,1997.”