(1) On the basis of the information given in the declaration furnished under section 5 or the information obtained under section 6, as the case may be, and after making such inquiry as he may deem fit, the Collector shall, by an order, determine the permissible area and the surplus area of a landowner or a tenant, as the case may be.
1[(2) If any person referred to in sub-section (1) of section 5 fails to furnish the declaration or files a declaration containing information which is false or which he knows or has reason to believe to be false or which he does not believe to be true, he shall be punishable with imprisonment which may extend to two years, or with fine which may extend to two thousand rupees, or with both.]
2[(3) *******]
(4) For the purpose of determining the surplus area of any person,-
(i) any judgement, decree or order of a court or other authority obtained 3 [on or after the appointed day] and having the effect of diminishing the surplus area of such a person;
(ii) a tenancy created 14[on or after the appointed day] in any land which has been or could have been declared as surplus area of such a person under the Punjab law, the Pepsu law or this Act;
shall be ignored.
8. Notwithstanding anything contained in any law, custom or usage for the time being in force, but subject to the provisions of section 15, the surplus area, declared as such under the Punjab law or the Pepsu law, which has not been utilized till the 1 Substituted by Punjab Act No. 22 of 1976, Section 2 2 Omitted by Punjab Act No. 22 of 1976, Section 2 3 Substituted for words “after the commencement of this Act” by Punjab Act No. 40 of 1973, Section 5 Vesting of unutilized surplus area in the State Government.
Determination of permissible and surplus areas.
Collection of information in case declaration is not furnished.
commencement of this Act and the surplus area declared as such under this Act shall, on the date on which possession thereof is taken by or on behalf of the State Government, vest in the State Government free from all encumbrances and in the case of surplus area of a tenant, which is included within the permissible area of the landowner, the right and interest of the tenant in such area shall stand terminated on the aforesaid date :
Provided that where any land falling within the surplus area is mortgaged with possession, only the mortgagee rights shall vest in the State Government.