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 "pem1issible area".
Explanation.-In computing the area held by any particular landowner the entire land owned by in the State of Punjab, as entered in the record-of-rights 1 The words 'State of Punjab' substituted vide Haryana Adaptation Of Laws: 1968.
2 Substituted by Punjab Act 11 of 1955.
shall be taken into account, and if he is a joint owner only his share shall be taken into account.
I [(3) "Permissible area'; in relatlOn 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 permissible area.
(ii) for a displaced person -
(a) who has been allotted land in excess of fifty standard acres, the pennissible 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 pem1issible area shall be equal to this allotted area;
(c) who has been allotted land less than thirty standard acres, the permissible are shall be thirty standard acres, including any 2 other land or part thereof, ifany, that he owns in addition.]
[Explanation.- For the purposes of detennining the permissible area of a displaced person, the provisions of proviso (ii) shall not apply to the heirs and successors of the displaced person to whom land is allotted.]
(4) "Reserved area" means the area lawfully reserved under the 3[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 soii.
4[(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 pelmissible area selected 5[under section 5-B or the area which is deemed to be surplus area under sub- section (1) of section 5-C] 6[and includes the area in excess of the permissible area selected under Section 19-B], but it will not include a tenant's pennissible area:
Provided that it will include the reserved area. or part thereof where such area or part has not been brought under self- culvitation within six months 1 Substituted by Punjab Act II of 1955.
2 Added by Punjab Act No. 14of 1962and shall be deemed to have come into force on the 15thApril, 1953,-vide section I(2) of the Act I J of 1955.
3 Repealed by Section 28 of this Act.
4 New clause (5-a) added by Punjab Act I I of 1965.
5 Substituted for the words "as prescribed by Punjab Act No. 46 of 1957. section 2.
6 Insertcd by Punjab Act No. 14of 1%2 and shall be deemcd to havc comc into forcc on the 30th July, 1958. Clause 5(a) shall be deemed to have been inserted with effect from the
15thApril. 1958,- vide section 10of Punjab Act No. 46 of 1957.
The Punjab Security of Land TenuresAct, 1953 of reserving the same or gettmg possession thereof after ejecting a tenant from it whichever is 'later, or if the landowner admits a ne"v 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 shan not include a present holder, as defined in section 2 of the Resettlement Act.
(7) "Year" means an agricultural year as defined in SectIon 4 of the Punjab Tenancy Act, 1887 (Act XVI of 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).
1 [(8-A) "Non-Resident Indian" means a person of Indian origin who is either pennanently or temporarily settled outside India. in either case :-
(a) for or on taking an employment outside India; or
(b) for caITying on a business or vocation outside India: or
(c) for any other purpose, in such circumstances as would mdicate hlS intention to stay outside India for an uncertain period.]
2[(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 unocr his supervision.]
(l0) "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, 1949 (Act XXXVI of 1949):
Comments Computation of permissible area- (I) The relevant date for determining is 15th April, 1953. the date on which the Act came into force and not the date on which the eviction application was filed
(2) if a person is a small landowner at the commencement of the Act his statute is not altered by reason for improvements in the value of his land or reallotment of land on compulsOly consolidation of holdings
(3) Banjar Kadim, Banjar Jadid and Gail' Mumkin land cannot be taken into account while computing the permissible area and surplus area under the Act
(4) The Banpr Qadim and Banjar Jadid land do not fall within the purview ofland under the Act
(5) The pel111issiblearea under the substantive pal1 of Sec. 2(3) for a person who is not displaced person is sixty ordinary acres
(6) The concept of standard acres being a measure of area convel1ible into ordinary acres if any land according to prescribed scales with reference to the quantity of the yield and quality of Soil has been introduced in the definition of permissible 1 Inserted by Punjab ACI6 of 1998.
2 Substiluted by Punjab ACl 11 of 1955.
area to emphasise the qualitative aspect of land holding and the maximum limit of sixty acres is its quantative aspect. Ajmer Sillgh v. State of Hmyalla, 1990(1) see 227