(1) If, after the commencement of the Pepsu § Tenancy and Agricultural Lands (Second Amendment) tion by Act, 1956, any person whether as landowner or tenant, tance acquires by inheritance or by bequest or gift from a person to whom he is an heir any land ‘[or if after such commencement and subject to the provisions of section 32-FF any person acquires in any other manner, except as specified in section 32-L, any land] which with or without the lands already owned or held by him, exceeds in the aggregate the permissible limit, then he shall within the period prescribed furnish to the Collector a return in the manner specified in section 32-B giving the particulars of all lands and selecting the land he desires to retain *fand if the land of such person is situated in more than one Patwar circle, he shall also furnish a declaration required by sub-section
(1) of section 32-BBI..
Inserted by Punjab Act No. 16 of 1962, section 8.
2Added by Punjab Act No. 3 of 1959, section 9(1).
on on acquisiinheti= 156 TENANCY AND — [1955 : Pepsu Act 13 LANDS | (I-A) If such person fails to furnish the declaration, the provisions of sub-section (2) and (3) of section 32-BB shall apply.]
(2) If he fails to furnish the return and select his land within the prescribed period, then the Collector may obtain the information and select the land for him in the manner specified in section 32-C.
(3) The Collector shall then submit a statement to the State Government in the manner specified in section 32-D and issue a notification in the Official Gazette as required by that section.
(4) The excess land shall then vest in the State Government in accordance with the provisions of section 32-E and compensation therefor, shall be payable in accordance with the provisions of this Chapter.
Power sho. Sepa °[32-MM. (1) Where the landowner owns land landowners in jointly with other landowners and his share of such land or joint lands. 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 persons interested 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 landowners.
(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.]
Definition of 32-N. In this Chapter— Buble Rd Sooty (1) ‘Public purpose’ includes— and ‘land’. (i) a purpose connected with the allotment of land to—
(a) tenants who are liable to ejectment and entitled to allotment of alternative land under section 7-A; or Inserted by Punjab Act No. 3 of 1059, section 9(2).
2New section 32-MM inserted by Punjab Act No. 16 of 1962, Section 9.
1955 : Pepsu Act 13] TENANCY AND AGRICULTURAL 137 LANDS
(b) landowners or tenants owning or holding land not exceeding five standard acres in order to make their holdings equal to five standard acres, and landless agricultural workers;
(it) development of co-operative farms or seed farms; and 1
(iit) efficient management of land;
'[(1-A) “small landowner” means a landowner whose entire land in the State does not exceed the permissible limit;],
(2) ‘surplus area’ means the area in excess of the permissible limit *[and includes the area which is deemed to be surplus area under sub-section
(2) of section 32-BB]; and
(3) ‘land’ includes banjar land save as otherwise provided.
*[32-NN. For the removal of doubts it is hereby declared that for evaluating the land of any person at any time under this Act, the land owned by him immediately before the commencement of the Pepsu Tenancy and Agricultural Lands (Second Amendment) Act, 1956, 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.]
inserted by Punjab Act No. 3 of 1959, section 10(1).
Inserted by Punjab Act No. 3 of 1959, section 10(2).
SNew section 32-NN inserted by Punjab Act No 16 of 1962, section 10, and shall be deemed to have come into force with effect from" 30th October, 1956.
Removal certain doubts, of 158 TENANCY AND AGRICULTURAL [1955 : Pepsu Act 13 LANDS ‘CHAPTER IV-B Constitution of Land Commission Constitution of Land angramis- 32-P. (1) The State Government shall establish a tions thereof. - Commission to be called the Pepsu Land Commission consisting of— ® (¢) a Chairman being a person who is or has been a Judge of the High Court;
(b) two members to be nominated by the State Government having special knowledge or practical experience of land or agricultural problems,
(2) The Chairman and members of the Commission shall hold office for a term of three years.
(3) The Chairman and members shall be entitled to receive such remuneration for the performance of their duties under this section as may be prescribed.
(4) Subject to the provisions of this Act and in accordance with any rules which may be made 'by the State Government in this behalf, it shall = be the duty of the Commission to—
(a) determine fair rents for the purposes of section 32-G;
I
(b) determine the market value of any building [structure or tube-welll under sub-section
(4) of section 32-G :
(c) advise the State Government with regard to exemption of lands from the ceiling in accordance with the provisions of section 32-K.
(5) The advice given by the Pepsu Land Commission under clause (¢) of sub-section (4) shall be binding on the State Government and notwithstanding anything in section Chapter IV-B inserted by Pepsu Act No. 15 of 1956.
2Substituted for the words “structure, tube-well or erop” by Punjab Act 27 of 1962, section 6. | | | | 1955 : Pepsu Act 13] TENANCY AND AGRICULTURAL 159 LANDS 32-D, no final statement shall, in a case in which exemption is claimed under section 32-K, be published unless such advice is included therein. ’
(6) In determining the fair rents, the Pepsu Land Commission shall, in accordance with such principles, as may be prescribed, classify soils where necessary.
(7) The fair rent shall not exceed the value of onefifth of the gross produce of land determined in accordance with such principles as may be prescribed.
(8) If there is a difference of opinion among the members of the Commission on any matter, the opinion of the majority shall prevail, and the decision or advice of the Commission shall be expressed in terms of the views of the majority.
(9) For the purposes of performing its duties, the Pepsu Land Commission shall be empowered to make such enquiries as may be necessary and in doing so shall have the powers of a civil court specified in section 41.
CHAPTER V © iggy rea
CHAPTER VI Miscellaneous