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Section 26

The Punjab Land Reforms Act, 1972State Act of Punjab · Act 10 of 1973

(1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

(2) Every rule made under this section shall be laid, as soon as may be after it is made, before the House of the State Legislature while it is in session for a total period of ten days which may be comprised in one session or two successive sessions, and if before expiry of the session in which it is so laid or the session immediately following, the House agrees in making any modification in the rule or the House agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

27. The provisions of this Act shall not apply to -

(a) lands owned by or vested in the State Government otherwise than under the provisions of this Act, or lands taken on lease by the State Government;

(b) lands belonging to or vested in a local authority or the Punjab Agricultural University or any corporation owned or controlled by the Central Government or the State Government;

(c) lands owned by or vested in or taken on lease by the Central Government;

(d) lands owned by the Bhoodan Yagna Board under the Punjab Bhoodan Yagna Act, 1955; and

(e) lands owned or held by an agricultural co-operative credit society, Land Mortgage Bank, the State or Central Co-operative Bank or any other bank;

Power to remove difficulties.

Power to make rules.

Exemption of certain lands from the operation of the Act.

1[(f) lands owned by an educational institution, recognised by Government, which is engaged in the education and research in agricultural sciences and has been conducting such education and research on the appointed day;

(g) lands owned by an educational trust of public nature in existence on the appointed day:]

Provided that nothing in this section shall apply to a lessee of any of the authorities or institutions referred to above.

2[(h) land acquired by a person for non-agriculture purposes and falling (within the Municipal area as defined in clause (8-c) of section 3 of the Punjab Municipal Act, 1911 (Punjab Act No. 3 of 1911) or the urban area as defined in clause (60) of section 2 of the Punjab Municipal Corporation Act, 1976 (Punjab Act No. 42 of 1976);

(i) land acquired by a person and put to non-agriculture use, or land in respect of which permission, wherever applicable, has been granted for its use for nonagriculture purposes by the State Government;] and 3[(j) land not covered under clauses (h) and (i), acquired by a person for non-agriculture purposes such as housing, industrial, infrastructure projects, special economic zones (SEZ), tourism units (hotels and resorts), public utilities, warehousing, commercial, cultural, recreational, sports, religious, institutional:

Provided that where land is acquired for nonagriculture purposes as per provisions of clauses (h),

(i) or (j), such person would be required to intimate such intention of change of land use for nonagriculture purposes to the Collector within one year from the date of publication of the Punjab Land 1 Added by Punjab Act No. 40 of 1973, Section 6 2 Inserted by Punjab Act No. 32 of 2011, Section 2 3 Substituted by Punjab Act No. 19 of 2017, Section 3 Reforms (Amendment) Act, 2017 or within one year from the date of acquisition of such land and in such cases, the Collector, on receipt of such intimation, shall cause the necessary entries to be recorded in the revenue record to this effect.

Explanation, - For the purposes of clauses (h), (i) and

(j) of this section-

(i) where an agriculture activity is carried out primarily as an activity subservient to a nonagriculture activity or purpose of such person, in such cases, such land shall be deemed to have been acquired for non-agriculture purposes; and

(ii) a person intending to carry out any development on land covered under these clauses, shall be required to obtain necessary permission under the Punjab Regional and Town Planning and Development Act, 1995 or the Punjab New Capital (Periphery) Control Act, 1952, as may be applicable.]

Explanation.—For the purposes of clause (e) "bank" means a banking company as defined in section 5 of the Banking Regulation Act, 1949, and includes the State Bank of India constituted under the State Bank of India Act, 1955, a subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959, a corresponding new bank as defined in the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, and Agricultural Refinance Corporation constituted under the Agricultural Refinance Corporation Act, 1963.

Where this provision sits

ActThe Punjab Land Reforms Act, 1972
Section26
JurisdictionState of Punjab
StatusIn force as published by the source

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