(1) No transfer of land made by a landowner Certain after the commencement of the President’s Act shall eS i oF affect the right of any person to acquire proprietary rights tenants under in such land under this Chapter. this Chapter.
(2) If any question arises whether any transfer of land does or does not affect the right of any person to aequire proprietary rights in such land, the question shall be referred to the prescribed authority for its decision.
1Proviso added by Punjab Act 16 of 1962, section 3.
140 ' TENANCY AND AGRICULTURAL [1955 : Pepsu Act 13 LANDS ‘CHAPTER IV-A Ceiling on land and acquisition and disposal of surplus area Ceiling on land. 32A. (1) Notwithstanding anything to the contrary in any law, custom, usage or agreement, no person shall be entitled to own or hold as landowner or tenant land under his personal cultivation within the State which exceeds in the aggregate the permissible limit.
(2) For the purposes of computing the permissible limit under sub-section (1), the provisions of clauses {d) and (e) of sub-section (2) of section 3 shall not apply.
b: .
Bons having 32-B. Any person, who on the commencement of the land in excess of Pepsu Tenancy and Agricultural Lands (Second Amendthe ceiling. ment) Act, 1956, owns or holds as landowner or tenant land under his personal cultivation, which in the aggregate exceeds the permissible limit, shall within a period of ’[one month from the commencement of the Pepsu Tenancy and Agricultural Lands {( Amendment) Ordinance, 1958] furnish to the Collector a return giving the particulars of all his land in the prescribed form and manner and stating therein his selection of the parcel or parcels of land not exceeding in the aggregate the permissible limit which he desires to retain and the lands in respect of which he claims exemption from the ceiling under the provisions of this Chapter:
*[Provided that such person shall state in the return any transfer or other disposition of land made by him after the 21st August, 1956, and where a person has furnished a return before the commencement of the Pepsu Tenancy and Agricultural Lands (Amendment) Ordinance, 1958, he shall within the aforesaid period intimate to the Collector any such transfer or other disposition of land made by him.]
Declarations ‘[32BB. (1) Every landowner or tenant required to Shporied 0 2 furnish a return under section 32-B, whose land is situated furnished cotaed BY Chapter IV-A, inserted by Pepsu Act No. 15 of 1956.
ownens and 2Substituted for the words “six months from the commencement tenants. of the Pepsu Tenancy and Agricultural Lands (Amendment) Ordinance, 1957, by Punjab Act No. 3 of 1959, section 4. The Punjab Ordinance No. 7 of 1958 came into force on the 30th July, 1958.
3Added hy Punjab Act No. 3 of 1959, section 4.
‘New section 32-BB inserted by Punjab Act No. 3 of 1959, section 5.
EE 1955 : Pepsu Act 13] TENANCY AND AGRICULTURAL 141 LANDS rr !
in more than one Patwar circle, shall furnish to the Collector within a period of one month from the commencement of the Pepsu Tenancy and Agricultural Lands (Amendment) Ordinance, 1958, a declaration supported by an affidavit in respect of the lands owned or held by him in such form and manner as may be prescribed.
® (2) If a landowner or tenant fails to furnish the declaration supported by an affidavit as required by subsection (1), the prescribed authority not below the rank of Collector 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 thereupon such area shall be included by the Collector as the surplus area of such landowner or tenant in the statement to be prepared in respect of him under section 32-D :
ws !
Provided that nothing herein shall affect—
(a) the lands of such landowner or tenant which have been exempted under section 32-K; or
(b) the right of such person to any compensation in respect of such surplus area to which he may be entitled under this Act:
Provided further that no such order shall be made without giving the person concerned an opporoo tunity of being heard. :
(3) Where a landowner or tenant, who is required to PY furnish a declaration under sub-section (1), fails so to do, the Collector may in respect of him obtain the information required to be shown in the declaration through such agency as he may deem fit.]
32-C. If any person owning or holding under his per- Collection of sonal cultivation land in excess of the permissible limit fails through other to furnish the return and intimate his selection within the ageney:
period prescribed under section 32-B, the Collector may obtain the information required to be shown in the return 142 TENANCY AND AGRICULTURAL [1955 : Pepsu Act i3 LANDS through such agency as he may [deem fit and, subject to the provisions of sub-section (2) of section 32-BB, select] the parcel or parcels of land which such person is entitled to retain under the provisions of this Act as also the surplus area of such person.
Submission, of 32-D. (1) On the basis of the information given in the Government, return under section 32-B *lor the declaration furnished ® under sub-section (1) of section 32-BB which shall be duly verified through such agency as may be prescribed or the information obtained by the Collector under sub-section (3) of section 32-BB or] section 32-C, the Collector shall prepare a draft statement in the manner prescribed showing, among other particulars, the total area of land owned or held by such a person, the specific parcels of land which the landowner may retain by way of his permissible limit or exemption from ceiling and also the surplus area.
(2) The draft statement shall include the advice of the , Pepsu Land Commission appointed under section 32-P regarding the exemption from ceiling if claimed by the landowner and be published in the office of the Collector and a copy thereof shall be served upon the person or persons concerned in the form and manner prescribed. Any objection received within thirty days of the service shall be duly considered by the Collector and after affording the objector an opportunity of being heard order shall be passed on the objection. ;
(3) Any verson aggrieved by an order of the Collector under sub-section (2) may. within thirty days of the order, ‘prefer an appeal to the State Government or an officer authorised by the State Government in this behalf.
p)
(4) Without prejudice to an action under sub-section
(3), the State Government mav of its own motion call for any record relating to the draft statement at anv Hime and, after affording the nerson concerned an nnportunity of being heard. pass such order ag it mov deem fit.
1Subs, for the words “deem fit ard sleet? vy Piniah Act 3 of 1959, section 6.
ZSubstituted for the words “which shail he duly verified through such agency as may be prescribed or the information obtained by the Collector under” by Punjab Act No. 3 of 1959, section 7, 1955 : Pepsu Act 13] TENANCY-$L5D AGRICULTURAL 143 LANDS -
(5) Any order of the. State Government under subsection (3) or sub-section (4) or of the Collector subject to the decision of the State Government under those subsections shall be final.
(6) The draft statement shall then be made final in terms of the order of the Collector or the State Government as the case may be, or in terms of the advice of the Pepsu Land Commission regarding exemptions from the ceiling claimed by the landowner (if any), and published in the Official Gazette and no person shall then be entitled to question it in any court or before any authority.
{4 The final statement shall then be submitted by the Collector to the State Government as soon as may be and a copy thereof may on demand be given to the landowner or the tenant concerned.
'[32-DD. Notwithstanding anything contained in thig Future ten- ancies in -sur- Act, for the purposes of determining the surplus area of any plus area and . . certain judgpersot— * ments ete. to be ignored.
(a) a tenancy created after the commencement of the Pepsu Tenancy and Agricultural Lands (Second Amendment) Act, 1956, in any area of land which could have been declared ag the surplus area of such person; and
(b) any judgment, decree or order of a court or other authority, obtained after the commencement of that Act and having the effect of diminishing the area of such person which eould have been declared as his surplus area;
shall be ignored.
32-E. Notwithstanding anything to the contrary Vesting of surcontained in any law, custom or usage for the time being in B}%S area in the . Lo St .
force, and subject to the provisions of Chapter IV *[after the mens, Govern New section 32-DD inserted by Punjab Act No. 16 of 1962 with effect from the 30th October, 1956,—vide section 4.
2Substituted for the words “as from the date” with effect from the 30th October, 1956, by Punjab Act No. 16 of 1962, section 5. .
144 TENANCY AND AGRICULTURAL [1955 : Pepsu Act 13 LANDS date] on which the final statement in respect of a landowner or tenant is published in the Official Gazette, then—
(a) in the case of the surplus area of a landowner, or in the case of the surplus area of a tenant which is not included within the permissible limit of the landowner, {such area shall, on the date on which possession thereof is taken by or on behalf of the State Government, be deemed fo have been acquired] by the State Government for a public purpose and all rights, title and interest (including the contingent interest, if any, recognised by any law, custom or usage for the time being in force) of all persons in such land shall be extinguished, and such rights, title and interest shall vest in the State Government free from encumbrances created by any person; and
(b) in the case of the surplus area of a tenant which is included within the permissible limits of the landowner, the right and interest of the tenant in such area shall stand terminated:
Provided that, for the purposes of clause (a), where any land falling within the surplus area ig mortgaged with possession, only the mortgagee rights shall vest in the State Government.
De or take 2[32-F, (1) The Collector may, by order in writing, surplus area. at any time after the date on which the final statement in respect of a landowner or tenant is published in the Official Gazette, direct the landowner or the tenant or any other person in possession of the surplus area to deliver possession thereof within ten days of the service of the order on him to such person as may be specified in the order. ‘
(2) If the landowner or the tenant or any other person in possession of the surplus area refuses or fails without reasonable cause to comply with the order made under sub-section (1), the Collector may take possession of the Substituted for the words “such area shall be deemed to have been acquired” with effect from the 30th October, 1956, by Punjab Act No. 16 of 1962, section 5.
2Substituted by Punjab Act 27 of 1962, section 3.
J 1955 : Pepsu Act 13] TENANCY AND AGRICULTURAL 145 LANDS surplus area and may for that purpose use such force as may be necessary.]
*139FF, Save in the case of land acquired by the Certain trans State Government under any law for the time being in affect the sure force or by an heir by inheritance or up to 30th July, 1958, plus erea.
by a landless person, or a small landowner, not being a relation as prescribed of the person making the transfer or disposition of land, for consideration up to an area whichy with or without the area owned or held by him does not in the aggregate exceed the permissible limit, no transfer or other disposition of land affected after the 21st August, 1956, shall affect the right of the State Government under this Act to the surplus area to which it would be entitled, but for such transfer or disposition :
Provided that any person who has received any advantage under such transfer or disposition of land shall be!
bound to restore it, or to make compensation for it, to the person from whom he received it-] 32-G. (1) Where any land is acquired under section principles for 39-E, there shall be paid compensation which shall be payment _ of determined by the Collector or any other officer in the compensation.
manner and in accordance with the principles hereinafter set out, that is to say—
(a) in respect of land other than banjar land—
(i) for the first twenty-five standard acres of land, twelve times the fair rent; and New section 32-FF inserted by Punjab Act No. 3 of 1959, section 8.
*Section 13 of Punjab Act No. 16 of 1962, reads as follows :— «13. Validation. Notwithstanding anything contained in this Act or in any other law for the time being in force or in any judgment, decree or order of any court or other authority, where the surplus area in respect of the land owned by a Hindu undivided family referred to in clause (a) of section 32-KK 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 under section 32-FF or otherwise, such determination shall be valid and shall be deemed always tp have been valid and shall not be questioned on the ground that the descendants of the landowner constituting with him the Hindu undivided family were landowners in their own right in respect of their shares in such land or on the ground that the partition had been ignored.” | 146 TENANCY AND AGRICULTURAL [1955 : Pepsu Act i3 LANDS |
(ii) for the next twenty-five standard acres of land, nine times the fair rent; and
(ii) for the remaining land, ninety times the land revenue (including rates and cesses) payable for such land or two hundred rupees per acre; whichever is less :
Provided that the compensation under this clause shall in no case be less than ninety times the land revenue (including rates and cesses) payable for the land or two hundred rupees per acre, whichever is less ;
[Provided further that where the land exceeds fifty standard acres, it shall, for the purposes of computing compensation under this clause, be allocated to sub-clauses (i), (#) and (iii) in such manner as may be prescribed. }
(b) in respect of bana land, forty-five times the land revenue payable in respect of an equal area of any barani land in the village concerned or where there is no such land in the village, in the nearest village, which is assessed to land revenue at the lowest rate, or at the rate of one hundred rupees per acre, whichever is less.
Explanation. —In this sub-section ‘fair rent’ means fair rent as determined by the Pepsu Land Commission appointed under section 32-P.
(2) The Collector or the officer authorised by the State Government shall prepare a compensation statement in the form and manner prescribed and shall give notice to all persons known to have any interest in the land for which compensation is to be paid, to appear personally or by duly authorised agent before him at a time and place therein mentioned (such time not being earlier than fifteen days after the date of service of the notice) and to state the nature of their respective interests 1Added by Punjab Act 27 of 1962, section 4.
I EEE 1955 : Pepsu Act 13] TENANCY AND AGRICULTURAL 147 LANDS in the land and the amount and particulars of their claims to compensation for such interests. Thereafter, the amount of compensation shall be apportioned among the persons having interest in the land.
[(2A) Where in the surplus area of any person mortgagee rights have vested in the State Government, the L | compensation payable to the mortgagee shall be the mortgage money due to the mortgagee, or the compensation payable under this Act, whichever is less.]
(3) In apportioning compensation between a landowner and a tenant not more than twenty times the land revenue shall be awarded to the tenant.
2[(4) Where on the land there is any building, structure, tubewell ar crop, the owner thereof shall in addition to the compensation payable in respect of the land, be entitled to be paid by the State Government compensation therefor which shall be equivalent to three-fourth of the market value of such building, structure, tubewell or crop, as the case may be, and which shall be determined,—
(a) in the case of crop, by the Collector; and
(b) in other cases, by the Pepsu Land Commission or, in respect of the surplus area declared under sub-section (12) of section 32K by the Board referred to in sub-section (6) of that section:
Provided that an option in writing may be given by the Collector to the owner to remove such building, structure, tubewell or crop within the & period prescribed, and if such building, strueture, tubewell or crop, as the case may be, is removed by the owner within the period prescribed or within such further period as the Collector may extend for the purpose no compensation shall be paid to the owner in respect thereof :
New sub-section (2A) inserted by Punjab Act 16 of 1962, section 6.
2Substituted by Punjab Act 27 of 1962, section 4.
148 TENANCY AND AGRICULTURAL [1955 : Pepsu Act 13 LANDS
Provided further that the cost incurred in raising the crop shall be the market value of the crop.l Pe tion, of 82-H. (1) The compensation payable by the State Government shall be given in cash or in bonds or partly in cash and partly in bonds, as may be prescribed.
(2) Compensation in respect of land other than banjor » land shall, in the first instance, be paid at the rate of ninety times the land revenue (including rates and cesses) payable for such land or two hundred rupees per acre, which.
ever is less, and the balance, if any, shall be payable after the fair rent has been determined in accordance with the provisions of this Act.
Disposal of sur= 32.J. (1) The surplus area acquired under section 32-E shall be at the disposal of the State Government.
(2) The State Government may, by notification in the Official Gazette, frame a scheme for utilising the surplus area by allotment to tenants willing to cultivate land personally or to landowners or tenants owning or holding land not exceeding five standard acres in order to make their holdings equal to five standard acres, and to landless agricultural workers or for the development of co-operative farms or seeds farms or efficient management of land.
(3) Any scheme framed by the State Government under sub-section (2) may provide for the terms and conditions on which the lands in the surplug area are to be allotted, provided the following priorities in the method of selecting tenants and fixing the area of land to be allotted shall form part of the scheme, namely—
(a) tenants who are liable to ejectment and entitled to allotment of alternative land under section 7-A *lincluding tenants of landowner who are members of the Armed Forces of the Unionl; and
(b) landowners or tenants owning or holding land not exceeding five standard acres in order to Inserted by Punjab Act 29 of 1069, section 8.
RE EEE 1955 : Pepsu Act 13] TENANCY AND AGRICULTURAL 149 LANDS make their holdings equal to five standard acres, and landless agricultural workers.
(4) The terms and conditions, on which the lands, in the surplus area are to be allotted, shall include payment of the prescribed amount for the land in a lump sum or in annual instalments spread over twenty years:
Explanation.—The said amount shall be prescribed by the State Government having regard to the condition that the aggregate amount payable to the State Government by the persons to whom land is allotted under the scheme shall not exceed the aggregate amount of compensation payable by the State Government for surplus area which is acquired.
(5) The State Government may, by notification in the Official Gazette, add to, amend, vary or revoke any scheme made under this section.