(1) This Act may be called the PEPSU Tenancy and and Agricultural Lands Act, 1955.
(2) The provisions ‘Isection 7-A and Chapters IV, IV-A and IV-B shall save as otherwise provided in those provisions, come into force on the date of commencement of the Pepsu Tenancy and Agricultural Lands (Second Amendment) Act, 1956], but the remaining provisions shall come into force on the sixth day of March, 1955 2 * * * * * *1
2. In this Act, unless the context otherwise requires,—
(a) ‘allottee’ means a displaced person or a group of such persons to whom land is allotted in pursuance of the scheme contained in the notification of the Department of Rehabilitation No. 9R, dated the 23rd July, 1949, or in pursuance of any other scheme for allotment of evacuee land to displaced persons which the State Government may, by notification in the Official Gazette, specify for the purpose of this Act, and includes—
(i) the legal representatives of such displaced persons; and (#1) in the case of an allotment to a group of displaced persons, each such person and his legal representatives;
1Substituted by Pepsu Act No, 15 of 1056, 2Sub-section (8), as amended by Pepsu Act No. 27 of 1955 and Pepsu Act No. 9 of 1956, omitted by Pepsu Act No. 15 of 1956.
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(b) banjar land’ means land which has remained uncultivated for a continuous period of not less than four years immediately preceding the date on which the question whether such land is banjar or not arises;
) '[ (bb) “Collector” has the meaning assigned to it in the Punjab Land Revenue Act, 1887 (Punjab Act XVII of 1887), and includes any officer not below the rank of an Assistant Collector specially empowered by the State Government to perform all or any of the functions assigned to the Collector under this Act.]
(¢) “Commissioner” has the meaning assigned to it in the Punjab Land Revenue Act, 1887 (Punjab Act XVII of 1887), and includes any other officer specially empowered by the State Government to perform all or any of the functions assigned to the Commissioner under this Act;
(d) “evacuee land” means land which is or which is deemed to be evacuee property under the Adminitsration of Evacuee Property Act, 1950 (XXXI of 1950);
(e) “khana damad” means a person who having married the daughter of a landowner having no male issue lives along with his wife in the house of his father-in-law and who according to the custom is treated by him as his son;
(f) “landowner” has the meaning assigned to it in the Punjab Land Revenue Act, 1887 (Punjab Act XVII of 1887), and includes an allottee;
*[Explanation.—In respect of land mortgaged with possession, the mortgagee shall be deemed to be the landowner.)
Inserted by Punjab Act No. 3 of 1959, sectiin 2.
2Fxplanation added by Pepsu Act No. 15 of 1956.
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(9) the expression “to cultivate personally” with its gramatical variations and cognate expressions means to cultivate on one’s own account—
(i) by one’s own labour, or
(ii) by the labour of such of one’s relatives, as may be prescribed, or
(iii) by servants or hired labour;
(h) “prescribed” means prescribed by rules made under this Act;
(1) “standard acre” is a measure of land convertible with reference to the yield from, and the quality of, the soil, into an ordinary acre according to the prescribed scale;
(j) “State” means the [territories of the State of Punjab which, immediately before the 1st November, 1956, formed part of the State of Patiala and East Punjab States Union.]
(k) “tenant” has the meaning assigned to it in the Punjab Tenancy Act, 1887 (Punjab Act XVI of 1887), but does not include a person—
(i) who holds a right of occupancy, or (#1) who is relative of the tenant within the meaning of sub-clause (2) of clause (g);
(1) “the President’s Act” means the Patiala and East Punjab States Union Tenancy and Agricultural Lands Act, 1953 (President’s Act 8 of 1953); |
(m) all other words and expressions used herein and not defined but defined in the Punjab Tenancy Act, 1887 (Punjab Act XVI of 1887), 1Substituted for the words “State of Patiala and East Punjab States Union’ by the Punjab Adaptation of Laws (State and Conenrrent Subjects) Order, 1968.
1955 : Pepsu Act 13] TENANCY AND AGRICULTURAL 121 LANDS or the Punjab Land Revenue Act, 1887 ( Punjab Act XVII of 1887), shall have the meanings assigned to them in either of those Acts.
3. '[(1) “Permissible limit” for the purposes of this Permissible Act means thirty standard acres of land, and where such thirty standard acres on being converted into ordinary acres exceed eighty acres, such eighty acres :
Provided that in case of an allottee,—
(a) who has been allotted land exceeding forty standard acres, the permissible limit shall be forty standard acres and where such forty standard acres on being converted into ordinary acres exceed one hundred acres, such one hundred acres; and
(b) who has been allotted land exceeding thirty standard acres but not exceeding forty standard acres, the permissible limit shall be equal to the area of land allotted to him].
*[‘Explanation.—for the purpose of determining the permissible limit of an allottee, the provisions of the proviso shall not apply to the heirs and successors of the allottee to whom land is allotted.’]
(2) For the purposes of computing the permissible limit under sub-section (1)—
(a) where a person holds some as a landowner and some other land as an allottee both kinds of land shall be included;
(b) land occupied by an occupancy tenant shall not be included in the holding of the landowner but if shall be included in the holding of the occupancy tenant in whom proprietary 1Sub-section (1) substituted by Pepsu Act No. 15 of 1958, 3Explanation added by Pun; jab Act 16 196. i Ly 30th October, 1956,—vide sections 2 and 3 (39. 02 "il effect from the Reservation of land for per- Jandowner owning land exceeding thirty standard acres sonal cultivation. 1 211 be entitled to select for personal cultivation from the land held by him in the State as a landowner any parcel or parcels of land not exceeding in aggregate area the permissible limit and reserve such land for personal cultivation by intimating his selection in the prescribed form and manner to the Collector :
122 TENANCY AND AGRICULTURAL [1955 : Pepsu Act-i3 (¢)
(d)
(e) 'I(F) LANDS | rights in respect of such land vest under the Pepsu Occupancy Tenants (Vesting of Proprietary Rights) Act, 1954 (18 of 1954);
where a landowner owns land jointly with other landowners his share of such land as ascertained from the record of rights shall alone be inclu ded; :
where a landowner died within a period of six months from the commencement of the President’s Act, the permissible limit shall be determined with reference to the land which has devolved upon each of his successors-ininterest, including any land held by such successors-in-interest immediately before the death of the landowner, any transfer of land made by the landowner after the commencement of the President's Act shall be disregarded;
* #% %* # * # * #] .
4. Save as otherwise expressly provided in this Act, other the provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any instrument having effect by virtue of any such law or any usage, agreement, settlement, grant, sanad or any decree or order of any court or other authority.
CHAPTER IT Reservation of land for personal cultivation