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 thc commencement of the Punpb Security of Land Tenures (Amendment) Ordinance, 1958, no person, whether 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 Cooperative Societies formed for purposes of co-operative farming if the land owned by an 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 exceS51 of permissible area.- (1) 3[Subject to the provisions of SectlOn 10-A, if after the commencement of this Act, any person, whether as landowner or tenant, acquires by inheritance or by bequest or gift from a person to whom he is an heir and 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 any land, or 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 al1 lands and selectmg 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.
The words "'at the commencement of this Act" omitted by Punjab Act 0.32 of 1959.
section 4.
2 Section 19A, 198, J 9C and 190 inserted by Punjab Act NO.4 of 1059, section 4.
3 Substituted for the words" if after the commencement of this Act. any person, whether as land owner or tenant, acquires by inheritance or 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 any land" by Punjab Act No. 14 of 1962, section 6 with effect from the 30th July, 1958
(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 shaIJ be at the disposal of the State Govel11ment for utilisation as surplus area under clause (a) of Section 10-A or for such other purposes as the State Govel11ment may by notification direct.
Comments Sections] 9A and] 9B--Acquisitions--Fallow land--Fallow lands brought under cultivation--Question arose whether such change brings about an acquisition to the existing holding of the landowners when those lands were already owned by him--Held, that the intendment of the Act is that in whatever maImer the evaluation of the holdings gets improved, that is outside the scope of acquisition for such an act of improvement is not an acquisition in terms of Sections 19A and 19B Punjab Security of Land Tenures Act. Gopal Ram v. State of Haryalla, 1999(3) ICC (SC) 442 19-C. Power to cause delivery of possession of surplus area.- The Collector may from time to time by order in writing direct the landowner or the tenant-<d:odeliver possession of the land in his surplus area to the person resettled on such land by the State Govel11ment 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.
19-0. Exemption of certain lands.- The provisions of this Act shall not apply to lands granted to any member of the Armed Forces of the UnIon for gallantry.
2[19-0D. Exemption of lands granted for gallantry before 26th January, 1950.- Notwithstanding anything contained in this Act, where any land 1S granted for gallantry, at any time before the 26th day January. 1950, to any member of the Armed Forces, whether maintained by the Central Govel11ment 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 the grantee. or any such hands, such land or portion as the case may be. shaIJ not Added by Punjab Act No. 14 of 1962, with effect from the 30th July. 1958. Vide secflon 6(2) and 1(2) 2 Inserted by Punjab ACI No. 12 of J 968. section 2 and shall be deemed always to have been inserted.
be taken into account in 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 exemp!ion under this section shall apply to such land or portion thereof, as the case may be, during the life time of such person.]
For Haryana only I[19-DD. Further exemption of certain lands.- Notwithstanding anything contained in this Act where any land is granted for gallantry. at any time before the 26th day 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 the grantee or any such hands, such land or portion as the case may be shall not be taken into account in 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, as the case may be, has passed into more than three such hands and the person holding such land or portion, immediately before the commencement of the Punjab Security of Land Tenures (Haryana Amendment) Act, 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 b deemed land of one landowner.- Notwithstanding anything contained in this Act or in any other law for the time being in force -
(a) where, immediately before the commencement of this Act, a landowner 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 landowner 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 landowner in this own right; and
(b) a partition ofland owned by a Hindu undivided family referred to in clause (a) shall be deemed to be a disposition of land for the purposes of Sections 10-A and 16.
Explanation.- In this section, the expression "descendant" includes an adopted son.
1 Inserted by Haryana Act No. 12 of 1967.
2 Inserted by Punjab Act No. 14 of 1962 with effect from the 15th April, 1953.
19-F. Removal of certain doubts.- For the removal of doubts it is hereby declared -
(a) that the State Government or any 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 IO-A of a landowner 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 by him after such commencement by 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.