THE PUNJAB SECURITY OF LAND TENURES ACT, 1953

Act X of 1953) Tur PUNJAB SECURITY oF Tenurgs ACT, 1953 THE PUNJAB SECURITY OF LAND TENURE TABLE OF CONTENTS LAND 297 S ACT, 1953 SECTIONS 1. Short title, extent and commencement. 2. Definitions. 3. Reservation of land by small landowner. 4. Fresh reservation of land due to modification of allotment . 5. Reservation of land. SA. Declarations supported by affidavits to be furnished by certain landowners and tenants 5B. Selection of permissible area and consequences of failure to select. ; 5C. Penalty for failure to furnish declaration. 6. Certain previous transfers of lands not to affect rights of tenants. ; 7. [Repealed]. 8. Continuity of tenancies. 9. Liability of tenants to be ejected. 9A. Accommodation of tenants on surplus area, 10. Restoration of tenant ejected after the 1Sthof August, 1947. 10A. Surplus area for resettlement of ejected tenants. 10B. Saving by inheritance not to apply after utilisat ion of surplus area. 11. Tenant’s right to water. 12. Amount of maximum rent. 13. Assessment of charges for services or facilities provided by the land owner. 14. Duty of landowner to furnish receipt for rent received from tenant. 14A. Procedure for ejectment and recovery of arrears of rent etc., etc. SECURITY OF LAND Act 228 THE PUNTENURES ACT, 1953 [Act X of 195, SECTION 15. Omitted. 16. Saving of tenancies from effect of mala fide transfers, 17. Rights of certain tenants to pre-empt sale, etc. of land. 17A. Certain sales of tenancy lands not Pre-emptible. 17B. Certain mortgages to be deemed as tenants Under the Act. 18. Rights of certain tenants to purchase land, 19. Sections 17 and 18 not to apply to certain Property ang tenants, 19A. Bar of future acquisition of land in excess of permissible 19B. “Future acquisition of land by inheritance, in excess of permissible area, 19C. Power to cause delivery of possession of surplus area. 19D. Exemption of certain lands. 19E. Land owned by Hindu undivided family to be deemed land of one landowner, 19F. Removal of certain doubts. 20. Restrictions on tenants, 21. Saving of tenants and lessees under Government. 21A. Power to remove difficulties by modification of provisions In certain cases, 22. Procedure for ejectment, 23. ‘Abrogation of pending decrees, orders and notices. 24. Appeal, review and revision, 24A. Power to separate share of landowners in joint lands. 25. Exclusion of Courts and authorities. 26. Indemnity, 27. Power to make rules. 28. Repeal and savings. . VEU IT TENURKS Act, (ee LAND 929 ‘THE PUNJAB SECURITY OF LAN ‘LAND TE ACT 1bAND TENURES Punjab Act No, X of 1953 [Received the assent of the President on the 15th April, 1953 ; and was first published in the P be ment Gazette, Extraordinary of the 15th April, won = ne ~ 1 2 3 4 Year No. Short Title Whether affected by the later Legislation 1953 Xx The Punjab Security of | Amended by— Land Tenures Act, 1953 Punjab Act LVI of 19532 Punjab Act XI of 1955 Punjab Act No. 46 of 19574 Punjab Act No. 4 of 19595 Punjab Act No. 32 of 1959 Punjab Act No. 14 of 19627 Amended by the Funjab Reorga- nisation (Chandigarh) C Adap- tation of Laws on State and Coren Subjects) Order, 1 al An Act to provide for the security of land tenure and other ‘ beneah -, ome om InCidental matters. CEN TLE oS Pas ae: * « w n It is hereby enacted as follows :— i (1) This Act may be called the Punjab Seourity Short title, extent of Land Tenures Act, 1953. and commence- as 5 LR LS TE OST OE eI ment. vernment Gazette (Extra- : j Punjab Go fe (E 1For Statement of Objects and Reasons, see Punj seePunjab Legislative ordinary), 1952, page 1379 ; for proceedings in Assembly, ssembly Debates, 1953. For Bistement of Objects and Reasons, see Punjab Government Ga sotto (Ente Ordinary), 1953, page 1571 ; for proceedings in the Assembly, see Punjab Legisla Assembly Debate _ ; _ "For Sareea Of Objects and Reasons, see Punjab Gaverninen! Gaxeite re Ordinary), 1955, pages 243-44 ; for proceedings in Assembly, see Punjad Legish Assembly Debates, 1955. ‘For Statement of Objects and Reasons, see Punjab Gayer ordinary), 1957, page 1679 ; for proceedings In the Assembly, sscinbly Debates, 1957. Government Gazette (Extra- oF 2 jects and Reasons, see Punjab Gove zete (a ordinary), 1s ene pasa ; for proceedings in the Assembly, see Punjab Legis lative , 7 . Hor Stee af Objects and Reasons, see Punjab Govgrument Gasetie Prdinary), 1959, pages 1009-1010; for proceedings in the Assembly, ativ : . Fon gmbly Debat oo eae and Reasons, see Punjab Government Gazette (Extra Ordinary), 1962, pages 646-647. nment Gazette (Extra- see Punjab Legislative Definitions. ™ | D [Act ¥ 4 § PUNJAB SECURITY OF LAN ct X 530 THE ih ae AcT, 1953 (2) It shall come into force at once, (3) 11 shall extend to the whole of the Union Terri. tory of Chandigarh.] e ave as elsewhere expressly provided in this Act nothing cowie’ therein shall apply to CO-operative garden colonies which Were registered before the Coming into force of this Act.) 2. Inthis Act, unless the context otherwise requires a in Clauses (b) and (c), Tespectively, of section 2 of the East Punjab Deed Persons (Land Resettlement) Act, 1949 (A. Act XXXVI of 1949), hereinafter referred to as the 1949, of “Resettlement Act,”’ Explanation. —Ip respect Of land mort gaged with Possession, the MOrtgagees ‘Shall be deemeg to be the landowner, (2) “Small landowner” means a landowner whose folire land jp the TUnion Territory of Chandigarh] does not €xceed the “ Permissible area’’, Explanation,—1n COMmputing ihe area held by any particular landowner, the colire land owned by him in the: Union Territo fCh entered in the record-of-rights, shall be taken into acc yO andigarh), as : Ount, and if he is a joint owner Only his share be taken into account. , a *[(3) “Permissible area”? j Or a lenant, Means thirt Standard acres anc Where such thirty Standard acres o Yb Saw Provided that— (i) no area under an Orchard at the commence- Ment of this Act, shal] be taken into account In Computing the Permissible area : *Substituted for the w ds *“Sraen ia}? : Tteanisalion toegtdigarh) (Adaptatin™ of Lappe ‘Stat 0" by the Punjab nb peeaeeion and Concurrent Subjects) Order, of 1953] ‘THe PUNJAB SECUR TENURES ACT. ae OF LAND = 231 (ii) for a displaced porsou— (a) who has been allotted land in A | in excess of fift Ae acres, (he permissible area shall e fifty standard acres or one hundred ordinary acres, as the case may be, (b) who has been allotted land in excess of thirty standard acres, but less than fifty standard acres, the permissible area shall be equal to his allotted area, (c) who has been allotted land less than thirty standard acres, the permissible area shall be thirty standard acres, including any other land or part thereof, if any, that he owns in addition.] | 1 Explanation.—For the purposes of determining the permissible area of dis- placed person, the provisions of proviso (ii) shall not apply to the heirs and succes- sors of the displaced persons to whom land is allotted.) 4) “Reserved area’ means the area lawfully reserved of under the 2Punjab Tenants (Security of T enures) Act, 1950 (Act XXII of 1950), as amended by President’s Act of 1951, hereinafter referred to as the “©1950 Act” or under this Act. (5) “Sta ndard acre” means 4 measure of area converti- ble into ordinary acres of any class of land according. to the prescribed. scale with reference to the quantity of y! and quality of soil. 8 (5-a) “Surplus Area’? means the area other than the reserved area, and, where, no area has A ! area in excess of the permissible area selected [undet at i > and shall be deemed to have come into nace ts Puna ae No. 14 of on HC) of the Act ibid. force on the 15th April, 1953,— 28 of this Act. b Act XI of 1955. scribed” by Punjab A *Repealed by section >New clause (Sa) added by Punja he words ‘as pre ct No. 46 of 1957, ‘Substituted for t section 2, THE PUNJAB SECURITY OF LAND [A TENURES AcT, 1953 ct y to s 2 ich is deemed 10 be SUtplus ‘the area which 18 : § atey section 5-B or hei (7) of section »-C] “Land leap ides the under sub-sec of the permissible area g¢ “Sled “unge® area non. but it will not include a tenant S Dermiss. section 19-B] ; . ble area : we att the reserved area, or Part ided that it will include : Apes ch area or part has Sof reser rO¥ah Ae os ultivation within six months of ting & the ame or gta Possession thereof after ejecting e . e C Nant tenant, within three years of the CXDITY of the a new , said six months. (6) “Tenant” has the Meaning assigned to it in the Punjab Tenancy Act, 1887 (Act XVI of 1887), and includes ‘ @ sub-tenant and self-cultivating lessee, but shall no i i the include a present holder, as defined In .section 2 of Resettlement Act, d in (7) “Year” means an agricultural year, as define Section 4, of the Py f njab Tenancy Act, 1887 (Act XVI 1887), | fine (8) “Land” and all other terms used, but not de In this ct, s h ; igned © meaning ag are aoe "the Punjab Tenancy Act sau! (XVI of 1887) _ nd Means cultivation wart o “Tsonally o; through his wife Or or through Such of }j r ° or . ed § relations as may be prescribed, under hig Supervision ] i . , made (10 . “Prescribeg?? Means Prescribed by rules under this Act. oer ee a tre tgs age pene . to anette 02, pun b d to have co force on the 30th jue 1c No. 14 of 1962 and shall be deeme deemed t6 h 2 hall is : . 5-a) 8 a * n 1 1 cretion 1(2) of Act ‘bid. Clause ( ectio With effect from the 15th April, 1953,—vide s UDjab Act x] Of 1955, ave been’? Vid. Of Act ipig. “© inserted y, tl “Substituteg by p of 1953] THR PUNJAB Skcurtty or LAND 233 Tenures Act, 1953 (11) “Displaced person” has the meaning assigned to i in the East Punjab Displaced Persons (Land Resettle- ment) Act, 1949 (Act XXXVI of 1949), 3, Any small landowner, who by virtue of an allot- ment made after the commencement of this Act under the Administration of Evacuee Property Act, 1950 (Act XXXI of 1950), comes to hold more than the permissible area of land, may select out of the entire area held by him as a landowner in the'{Union Territory of Chandigarh], a parcel or parcels of land not exceeding in aggregate the permissible area and reserve it by intimating his reservation in the prescribed form and manner, to the patwari of the estate in which the land reserved is situate, or to such other authority as may be prescribed, before the expiry of six months from the date of his obtaining possession of the land so allotted : Provided that he shall include in his reservation, to the extent of the permissible area, whatever land he had under self-cultivation immediately before the commencement of this Act. Reservation of land ty «nail landowners. 4. Anylandowner, who has madea lawful reservation Fresh _ reservation of land under the 1950 Act, and whose allotment is modified or revised, after the commencement of this Act, under the Administration of Evacuee Property Act, 1950 (Act XXX! of 1950), shall be entitled to make a fresh reservation before the expiry of six months from the date of his obtain- ing possession of the land so allotted : ___ Provided that in making this fresh reservation he shall include to the extent of the permissible area firstly the land he has under self-cultivation and secondly such land out of his previous reservation, a8 has not passed out o! his possession as a result of the said revision or modifica- tion of allotment. 5. (1) Any reservation before the commencemen of this Act, shall cease to have effect and subject to the provisions of sections 3 and 4 any landowner who owns land in excess of the permissible area may reserve out of the entire land held by him in thet [Union Territory of Chandigarh] as landowner, any parcel or parcels not exceed- ing the permissible area by intimating is selection in the prescribed form and manner (to the patwart of the estate In which the land reserved is situate or to such other authority as may be prescribed : — —— ae c Substituted for the words “State of Punjab” by the Punjab Reorganisation (Chandigarh) (Adaptation of Laws on State and Concurrent “ ubjects) Order, 1963. ofland due to modification of allotment. t Reservation of land. 234 THE PuNsJAR SECU RITY OF TENURES Acr, 1953 AND 1953 [Act y _ _ Provided that in Makin IS y Include his areas Owned in ths followin he Shalj To (a) area held i Na Co-operative (6) area under self-cultivat: Garden Col Cultivation at Ony ment of this Act ot the tes Cee. (c) reserved area excludj | ed ate, Cars or ore gt MOre imme. Uch reservation, me (d) area or Share in a Co-operative Farming Society (e) any other area owned by him, (f) area under a jhundimar tenant. pect of any land more than one person andowners, as in the case of persons one of whom is a landowner in principal and the other in derivative capacity, the aforesaid tight of reservation shal be exercised by the landowner who receives or is entitled to receive rent directly from the tenant in actual cultivation of the land. Can be classed as 1 ae A landowner shall be entitled to intima resetvotion within six months f, rom the date Tb : ment of this Act, and no reservation so ini won varied subsequently whether by act of parties at by Opa tion of law, save with the consent in writing ie the right affected by such variation or until such time as sion ag . er the pros to eject such tenant otherwise accrues und of this Act. ee * 1(4) * 2 + * *(5) holds ‘ ms OF * “ vho owns is 2[5-A. Every land owner or een and where ash Declarations [once f the permissible area. shall furnl> ported by Jand in excess O P Patwar Circle, encemen affidavits tobe ted in more than one hs from the comm furnished oy SA a period of six months ee rtain lant within ¢ _ cen and ten- a ants. ——_—_ 4 LVI of 1953. wan 3s 7 (4) and G) omitted by Punjab Act LVIT ction 1Clauses ‘ e f 1957.5 ‘ab Act No. 46 0 4, 5°B and 5-C inserted by Puna #Sections 5-Ay 2 * of 1953] THE PUNJAB SEcuRITY SEC OF LAN TENURES ACT, 1953 is “ve of the Punjab Security of Land Te Act, 1957, a declaration supported Wp. eh toe ent) respect of the lands owned or held by him in uch f tts and manner and to such authority as may be prescribed fl §-B. (1) A_ landowner who has ‘not exercised é right of reservation under this Act, may select hi 5 Selection of per missible area and intimate the selection to the ecte aed and consequ- authority within the period specified in roctint 5A. nd foseleet in such form and manner as may be prescribed : ‘a -_ Provided that a landowner who is required to furnish a declaration under section 5-A shall intimate his selection along with that declaration. _ (2) Ifa landowner fails to select his permissible area in accordance with the provisions of sub-section (1), the prescribed authority may, subject to the provisions of section 5-C, select the parcel or parcels of land which such person is entitled to retain under the provisions of this Act: Provided that the prescribed authority shall not make the selection without giving the landowner concerned <n opportunity of being heard. S5-C. (1) If a landowner or tenant fails to furnish the declaration supported by an affidavit as required by Penalty for failure section 5-A, the prescribed authority not below the rank 2 See of Collector may, by order, direct that the whole or part of the land of such land owner 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 shall be utilised by the ?[Central Government] for the purpose mentioned in section 10-A ; ‘Section 11 of Punjab Act No. 14 of 1962, reads as follows ,— *Validation.—11. Notwithstanding anything contained in this Act or the rules made thereunder or in any other law for the tume being in force or In any judgment, decree or order of any court or other authority ,— (a) where the surplus area in respect of the land owned by a Hindu undivided family referred to in clause (a) of section 19-E of the principal Act, has been determined under that Act at any time before the commencement of this Act by any authorily competent lo determine such area, whether by ignoring the partition of any such land made alter the commencement of the principal Act or otherwise, Such determination shall be valid and shall be deemed always to have been valid and shall not be questioned on the ground that the descendants OF the landowners consutulng with him the Hindu undiviced 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 5 . (b) where an order under sub-section (2) of section 5-B or sub-section (1) of section 5-C, in respect of the surplus area Of any person, has been passed by a Revenue Officer exercising the powers ofa Collector purporting te act as the prescribed authority, such order shall be valid’ and shall be deemed always to have been valid and shall aot be questioned on the yround that it was not passed by the prescribed authority, awe ‘Substituted for the words ‘State Government” by the Punjab Reorganisation (Chandigarh) (Adaptition of Laws on State and Concurren| Subjets) Order, 1963. 236 THE PUNJAB SBCURITY OF LAND TeNnurgS AcT, 1953 [Act x Provided that no such order shall be made Withoy giving the landowner or tenant concerned an OPpor. tunity of being heard. Where a landowner or tenant who is required { furnh a declaration under section 5-A fails so to do, the prescribed authority may in respect of him obtain the information required to be shown ‘in the declaratio, through such agency as it may deem fif,] Certain previous *[6. No transfer of land, except a bona fide sale or not tafe, Mortgage with Possession or a_ transfer resulting from rights of tenants. inheritance, made after the 15th August, 1947 and before the 2nd February, 1955, shall affect the rights of the tenant on such land under this Act.] 27. * * * * Continuity of [8. The continuity of a tenancy shall not be affected tenancies. (a) the death of the landlord, or (6) the death of the tenant except when the tenant leaves no male lineal descendants or mother or widow, and (c) any change therein under the same landowner; and for the purposes of section 17 and 18 of this Act, such tenancy shall be the last area So held]. Liability of tenant 9. ‘[() Notwithstanding anythi contained in be d. : £ any Ing O 10 D6 short any other law for the time being in force, no landowner shall be competent to eject a tenant except when such tenant— (‘) is a tenant on the area reserved under this Ac or 1s a tenant of a small landowner ; *[o! Substituted by Punjab Act No. 14 of 1962, section 3, *Section 7 omitted by Punjab Act X] of 1955, *Section 8 substituted by fbid. ‘Substituted for sub-sections (1) and (2) of seetion ptng suibe i 9 by ibid and — existing St Section (3) renumbered as sub-section (2), aes “Added by Punjab Act No. 32 of 1959, section 2, | 953] THe Punsab Security or LAND = 239 TENURES AcT, 1953 (ii) fails to pay rent regularly without sufficient cause ; ‘[or] (iii) is in arrears of rent at the commencement of this Act ; ?[or] (iv) has failed, or fails, without sufficient cause, to cultivate the land comprised in his tenancy in the manner or to the extent customary in the locality in which the land is situate ; ‘[or] (vy) has used, or uses the land comprised in his tenancy in a manner which has rendered, or renders it unfit for the purpose for which he holds it ; ‘[or] (vi) has sub-let the tenancy or a part thereof ; pro- vided that where only a part of the tenancy has been sub-let, the tenant shall be liable to be ejected only from such part ; “{or] (vii) refuses to execute a Qabuliyat or a Patta, in the form prescribed, in respect of his tenancy on being called upon to do so by an Assistant Collector on an application made to him for this purpose by the landowner. Explanation.--For the purposes of clause (iii), a tenant shall be deemed to be in arrears of rent at the commencement of this Act, only if the payment of arrears is not made by the tenant within a period of two months from the date of notice of the execution of decree or order, directing him to pay such arrears of rent]. (2) Notwithstanding anything contained hereinbelote a tenant shall also be liable to be ejected from any area which he holds in any capacity whatever in excess of the permissible area : Provided that the portion of the tenancy from which Such tenant can be ejected shall be determined at his option only if the area of his tenancy under the. land- Owner concerned is in excess of the area from which he can be ejected by the said landowner : Added By Punjab Act No. 32 of 1059, section 2, 938 THE PUNJAB SECURITY oF LANnp “ TENURES ACT, 1953 lActy Provided further that if the (cnant holds several landowners and more than one lando n his ejectment, the right to ejectment Shall be CXereienctks the order in which the applications haye been suits have been filed by the landowners and in case of simultaneous applications or Suits (4h? priority for ejectment shall commence serially from th Smallest landowner. ¢ Explanation.—Where a tenant holds Jand jointly with Other tenan a. 7 his share in the joint tenancy shall be taken into account in computing the fires hog Provided that if the tenant Concerned is the tenant of a small Jand-owner, he shall be allowed to retain Possession of his tenancy to the extent of five standard acres, including any other land which he may hold as tenant or Owner, until he is so accommodated on a sur- plus area or otherwise : | Provided further, that if a tenancy commences after the Commencement of this Act, and the tenant is also an Owner and is related {o his landlord in the manner prescribed, he shall not be entitled to the benefit of this Section.] 7 10, (1) Where a tenant has been ejected from any . . r rthe 13th of land excess of (he permissible area on grounds othe than those mentioned in section 9, before the commenyy ment of this Act, and-after the 15th August, 1947, hall such land is under self-cultivation, such lenant S$ be ‘subject to the provisions of this Act ke entitled (0 be restored to his fenancy in the manner prescribed oF i Same terms and Conditions on which it was held by, ‘o at the time of his eject(ment, on an application made '¢ 1New section 9-A added by Punjab Act XI of 1955, .__ *Substituted for the words ‘State Government” by the Punjab ‘ation (Chandigarh) (Adaptation Of Laws on State and Concurren Order, 1968, *Substituted by Punjab Act XVII of 1953, organi, bjects of 1953] THe PuNIAB SEcuRItTY OF LAND — 239 TENURES ACT, 1953 an Assistant Collector of the first Grade having jurisdic- tion, within one year from the date of intimation of re- servation after the commencement of this Act, or, if no such reservation is made within the period specified in sub-section (3) of section 5, two years from the date of commencement of this Act Provided that if more tenants than one have been ejected from the same tenancy, the right of application for restoration shall be exercisable in serial order of priority commencing from the tenant first ejected and to the extent in each case of the permissible area, after taking into account any other tenancy or land which the ejected tenant holds at the time of his application for restoration]. (2) On receipt of an application the Assistant Col- lector shall, after giving to the parties notice in writing and a reasonable opportunity to be heard, determine the dispute summarily, and shall keep a memorandum of evidence and a gist of his final order with brief reasons therefor. (3) When an application has been made, any pro- ceedings in relation to the same matter pending in any other court or before any other authority shall be stayed on receipt of information by that court or authority from such Assistant Collector of the fact of having re- ceived the application, and all such proceedings in a court or before any authority shall lapse when the dispute has been determined by the Assistant Collector acting under this Act, (4) A landowner or any other person in actual possession of land at the time of restoration shall be entitled to such compensation as may be determined by the Assistant Collector, from the tenant intended to be restored, for any loss suffered in consideration of any- thing done prior to the date of his first receiving informa- ion of the application : _ Provided that no ejected tenant shall be restored to his tenancy as provided hereinbefore unless he has paid Compensation as determined by the Assistant Collector ° the landowner or other person, if any, as the case may e, Saving by inherit- ance not to apply after Utilisation WE PUNJAB SECURITY OF Lanp 2401 TENURES ACT, 1953 (Act y 110-A. (a) The *[Central Governmen, ] offices empowered by it in this behalf, sha]] be cy the ay to utilize any surplus area for the resettlement of tenant ejected, or to be ejected, under clause (i) of Sub-sect “ (/) of section 9. (b) Notwithstanding anything Contained - in any other law for the time being in force ‘Tand save in the cate of land acquired by the *[Ceu.tral Government] under any Jaw for the time being in force or by an heir by inherit. ance] no transfer or other disposition of land which is comprised in surplus area at the commencement of thi, Act, shall affect the utilization thereof jn clause (aq), Explanation.—Such utilization of any surplus area will not affect the right of the landowner to receive rent from the tenant so settled.] ‘{((c) For the purposes of determining the surplus area Ir pir person under this section, any Judgment decree or order of a court or other authority, ObiaIhe aller the Commencement of this Act and having id effect of diminishing the area of Such person which co have been declared as his surplus area shall be ignored]. *[10-B. Where Succession has opened after the “ye ef surplus area or any Part thereof has been utilised und ; ’ in . ‘avout of surplus area. clause (a) of section 10-A, the saving specified in fav’ to have been inserted with effect from the 1$th April, 1953,-- vide section 10 of Act No. 14 of 1962. (Chandigarh) (Adaptation of Laws on State and Concurrent Su : , n of an heir by inheritance under clause (5) of that ~ Shall not apply in respect of the area so utilised. ee ‘New section 10-A added by Punjab Act XI of 1955 and shall always be Punjae . anisation *Substituted for the words “State Government” by the Punjab Reorgan® 8. bjects) Order, *Inserted by Punjab Act No. 4 of 1959, section 2. . ‘ » 14 ‘Clause (c) added With effect from the 15th April, 1953 by Punjab Act N¢ of 1962, section 1(2) and 10, ' jab *New section 10-B inserted with effect from the 15th April, 1958 by Pund Act No, 14 of 1962, sections $ and 1(2), f 1953] THE PUNJAB SECURITY 0 TENURES ACT, 1953 OF LAND 41 11. Savein proportion toa reduction in the tenancy, Tenants’s right to 3 if any, 4 jandowner shall not be com or rerminate the supply of canal or use of well Fate ; enjoyed by a tenant immediately before the eétiimence ment of this Act, and a breach of this provision sh fl constitute cognizable offence punishable with Riprison- nay extend to six months and shall be triable ment which 1 py acourt not below the rank of a Second Class Magistrate water. | 12. (1) Notwithstanding anything contained in the Amount of | mazi- Punjab Tenancy Act, 1887 Act (XVI of 1887), or in any agreement or usage or any decree or order of a court, the maximum rent payable by a tenant for any land held by him as such shall not exceed one-third of the crop of such land or the value thereof as determined in the pres- cribed manner, and where the customary rent is less than one-third the maximum rent shall be such customary rent. (2) In computing the maximum rent payable by 4 tenant, such portion of the rent, if any, as Te resents the ded by the consideration for services or facilities provi landowner in relation to the land shall not be taken into account. 13. Unless the charges facilities provided by the Jan i ided for in an agreemen land have been specif ically provide between the parties, such charges shall be. the Assistant Collector, First Grade, havin who Shall give due regard to the usage of the locality an if there is no such usage, he shall give regard, amongst other matters, to-— (a) the direct advantage gained y the land by the provision of such services OF facilities ; the services OF ature of , or natu their (b) the condition ble duration of facilities and the proba effects ; (c) the labour oF capital required for the provision r facilities. of such services O mum rent. 42 THE PUNJAB SECURITY op L 2 TENURES ACT, 1953 [Act Duty of latceent , 14. (2) Every landowner shall give or for reat. teceived given a valid receipt to the tenant in the form « ) by from tenant. —_ for the rent received by him or on his behalr? “SCtibeg (2) Any landowner who fails to give or given such receipt shall on Conviction be Cause to be with fine which may extend to one hundred Punishapy, Tupees . fe - i Soe ale 1114-A. Notwithstanding anything to the covery of ar- 1 1 : ‘ of oe contained in any other law for the time bein _ ete. and subject to the provisions of Section 9-A, Con trary 8 in f OFce, ee (7) a landowner desiring to eject a tenant _ this Act shall apply in writing to the Assistag Collector, First Grade, having Jurisdiction who shall thereafter proceed as _ provided for In sub-section (2) of section 10 of this Act, and the provisions of sub-section (3) of the Said Section shall also apply in relation to such application, provided that the tenants’ Tights to compensation, and acquisition of occupancy rights, if any, under the Punjab Tenancy Act, 1887 (XVI of 1887), shall not be affected ; (i) a landowner desiring to recover arrears of rent from a tenant shall apply in wriling to the Assistant Collector, Second Grade, having jurisdiction, who shall thereupon _ send ; notice, in the form prescribed, to the tenan either to deposit the rent or value thereof, payable in kind or give proof of having Pane it or of the fact that he is not liable (o pay he whole or part of the rent or of the fact of be landlord’s refusal to receive the same o in give a receipt, within the period specifie ot the notice. Where, after summary _ de (2) mination, as provided for in sub-section of section 10 of this Act, the Assistant, | of lector finds that the tenant has not pai ant deposited the rent, he shall eject the Oe Summarily and put the landowner in P Session of the land concerned : __ eee *New section 14-A, added by Punjab Act XI of 1955, of 1953] Tur PUNIAR Security OF LA Tenures Act, 1953 ale 243 (iii) (a if a landlord refuses to accept rent from s tenant or demands rent in excess of what hi ne is entitled to under this Act, or refuses to ive a receipt, the tenant may in writing in- form the Assistant Collector, Second Grade having jurisdiction of the fact ; (b) on receiving such application the Assistant Collector shall by a written notice require the landlord to accept the rent payable in or to give a receipt, accordance W1 h this Act, as the case may be, or both, within 60 days of the receipt of the notice.] ¥** ** aK 1715] ak 2 . ; ° 3 ‘ . [16. Save in the case of land acquired by the [Central Saving OF ect of Government] under any law for the time being in force, OF mala fide transier by an heir by inheritance, no transfer or other disposition of land effected after the 1st February, 1955, shall affect the rights of the tenant thereon under this Act.] Right of certain (en- 417. Notwithstanding anything [0 the contrary CON" ants to preempt tained in any law, usage OF contract, and subject to the sale, etc of land. provisions of section 18, tenant of a landowner other than a small landowner,— (i) who has been in continuous occupation of the for a perio land comprised in his tenancy 10 he dale of the sale ol exceeding four years on (h the Jand or foreclosure of the right to redeem the land, or ‘oreclosure (hat has taken (i?) in case of a sale or | . place or shall take place within @ period of three years from the commencemen t of this has acquirec Act and there is no tenant W oO a right under clause (/). ~ after the L4th (a) who was ejected from tenancy é day of August, 1947, and befor mencement of this Act on |) grounds othe 1959, section 3. eee 10mitted by Punjab Act No. 32 of * Substituted b 1 of y Purjab Act Xf o! 1955. (chanics, for the words ‘State Government” by the pu igarh) (AdaPtation of Laws on Stale and Concurrent Subjes jab Reorganisat ion ts) October, 1968, 244 THE PUNJAB SECURITY OF LAND Act— TENURES Act, 1953 [Act~y than those mentioned in section 9, and w in continuous occupation of ihe land comprised in his tenancy for exceeding four years on the da ejectment, or a perio fe of iin (b) who has been restored to his lenancy under the provisions of this Act and whose period of continuous occupation of the land comprised in his tenancy immediate] before ejectment and immediately after restoration of his tenancy together exceed four years, . Punjab Actlof shall, in preference to the rights of other pre-emptors as = provided in the Punjab Pre-emption Act, 1913 (Act J of 1913), except the descendants of vendor’s grand-father, be entitled to pre-empt the sale or foreclosure of the land other than the land comprised in the reserved area of the landowner in the manner prescribed in that Act within one year from the date of the sale or foreclosure, as the case may be : Provided that no tenant referred to in this sub-section Shall be entitled to exercise any such right in respect of the land or any portion thereof, if he had sublet the land or the portion, as the case may be, to any other person unless during that period the tenant was suffering from a legal disability or physical infirmity, or, ifa woman, was a widow or was unmarried, Certain sales of [17-A. (1) Notwithstanding anything to the cont- tenancy ns not rary Contained in this Act or the Punjab Pre-emption Act, preremp’ 1913, a sale of land comprising the (enar.cy of a tenant made fo him by the landowner shall not be pre-emptible under the Punjab Pre-emption Act, 1913, and no decree of pre- emption passed after the commencement of this Act in reaper of any such sale of land shall be executed by any court ; | Provided that for the purposes of this sub-section the expression tenant includes a joint tenant {o whom whole or “INew sections 17A and 17B, inserted by Punjab Act No. 4 of 1959, section 3. , Tue Punjan Security or LAND 2 of 1953] TENURES AcT, 1953 . jart of the land comprising the joint tenancy is sold by (2) Where, after the commencement of this Act, a tenant, 10 whom the land comprising his tenancy is sold py the landowner, has been dispossessed of such land by a reemptor Im execution of a decree for pre-emption or otherwise the tenant so dispossessed shall in the prescribed manner have the option either to purchase the land from the pre-emptor on payment of the price paid to the tenant by the pre-emptor or to be restored to his tenancy under the pre-emptor on the same terms and conditions on which it was held by him immediately before the sale, on an application made by him to an Assistant Collector of the first grade having jurisdiction within a period of one year from the commencement of the Punjab Security of Land Tenures (Amendment) Ordinance, 1958. / (3) An application received under sub-section (2) shall be disposed of by the Assistant Collector of the first grade in the manner laid down in sub-section (2) of section 10. 17-B. (J) Where, after the commencement of this Certain mortgasees Act, land comprising the tenancy of a tenant is mortgaged to be deemed’ as to him with possession by the landowner and such land is the Act. Subsequently redeemed by the landowner, the tenant shall, notwithstanding such redemption or any other law for the time being in force, be deemed to be the tanant ofthe landowner in respect of such land on the same terms and conditions on which it was held by him immediately before the execution of the mortgage as if the mortgage had never been executed. b (2) Where a tenant referred to in sub-section (J) has ee dispossessed by the landowner in execution of a reste nea, Order of redemption, he shall be entitled to be San ored to his lenancy in the prescribed manner on the ae ier and conditions on which it was held by him a i; Hately before the execution ol the mortgage on an Are cation made by him to an Assistant Collector of the ftom having jurisdiction within a period of one year Tenures (qommencement of the Punjab Security of Land res (Amendment) Ordinance, 1958. - — i | ) Tur PunyaB SECURITY OF Lann fy a Tenures Act, 1953 [Act x 3) An application received under sub-sectjo shall te disposed of by the Assistant Collector of the Ne grade in the manner laid down in sub-section (2) of de tion 10.) ; . ° Rights of certain 18. (7) Notwithstanding anything to the contrary fenants to PU Contained in any law, usage or contract, a tenant of 4 eee dandowner other than small landowner— (i) who has been in continuous occupation of the land comprised in his tenancy for [4 mini. mum period of six years], or (ii) who has been restored to his tenancy under the provisions of this Act and whose periods of continuous occupation of the land comprised in his tenancy immediately before ejectment and immediately after restoration of his ten- ancy together *[amounts to six years or more], or (iii) who was ejected from his tenancy after the 14th day of August, 1947, and before the commencement of this Act, and who was in continuous occupation of the land comprised in his tenancy for a period *[of six years or more immediately before his ejectment], shall be entitled to purchase from the landowner the land so held by him but not included in the reserved area of the landowner, in the case of a tenant falling within clause (i) or clause (ii) at any time, and in the case of a tenant falling within clause (i) within a period of one year from the date of commencement of this Act : ; Provided that no tenant referred to in this sub-section shall be entitled to exercise any such right in respect of the land or any portion thereof if he had sublet the land of the portion, as the case may be, to any other person during any period of his continuous occupation, unless during that period the tenant was suffering from a legal, dis ability or physical infirmity, or, if a woman, was a widow or was unmarried : | Provided further that if the land intended to be put chased is held by another tenant who is entitled to pre empt the sale under the next preceding section, and who } . not accepted by the purchasing tenant, the tenant in actua occupation shall have the right to pre-empt the sale. *Substituted by Punjab Act XI of 1955, for the words “‘a period of twelve years’ soubstituted by Punjab Act XI of 1955, for the words ‘‘exceed twelve years 4, Substituted by ibid, for “exceeding twelve years, on the date of his eject™ of 1953 “HE P ] THE I UNJAB SECURITY OF LAND TENURES Act, 1953 . “ (2) A tenant desi . section (1) shall aka an applidation in veiling under sub- tant Collector of First Grade nave o risdiction at land concerned, *[* *] and the Rs uction over the giving notice to the landowner and t ; nen ante interested in the land and after making sv ee ee thinks fit, shall *[determine] the alle af the lind a8 shall be the average of the prices obtainin f Cn aunt in the locality during 10 years immediatel OT en ati date 0) The the application is made y preceding ee e purchase pri ae i as SO ase Drie Sn be three-fourths offi a) The tenant shall ‘be c | purchase price either in a lump copie ix ae try instalments not exceeding ten in the manner resoribed. (b) On the purchase price or the first instalment thereof, as the case may be, being deposited, the tenant shall be deemed to_ have become the owner of the land and the Assistant Collector shall, where the tenant is not ee 7 possession, and subject to the provisions of the fhe : enancy Act (XVI of 1887) put him in possession (c) If a default is committed in the pa ment of an of the instalments, the entire ortstanding ‘balance shall on application by the person entitled to receive it, recoverable as arrears of land revenue]. (5) If the land 1s subject to a mortgage al the time of the purchase, the land shall pass to the {enant unencum- bered by the mortgage, but the mortgage debt shall be a charge on the purchase money. (6) If there is no such charge as aforesaid the Assis- tant Collector shall, subject to any directions which he may receive from any court, pay the purchase money to the landowner. (7) If there is such a charge, the Assistant Collector shall, subject as af oresaid, apply 'n the discharge of the f the purchase money as 18 mortgage debt so much © required for that purpose and pay the balance, if any, to the landowner, OF retain the purchase money pending the decision of a civil Court as to the person oF persons entitled thereto. _ _— 1The words “for Scrermining | the value of such Jand”, omitted by Punjab Act XI_ of 1955. 5 ” by Punjab Act xl of 1955. * Substituted for the word “fix 3 Sub-sections (3) and (4) substituted by Ibid. — j SECURITY OF LAND HE PUNJAB SECU ‘ “48 ' TENURES ACT, 1953 [Ace x eae 19. Nothing contained in section 17 of Se ee ys shall effect any land which is evacuee Property, as q certain properts in the Administration of Evacuec Property Act, 50 and to rene (XXXT of 1950) Y* #47 of any other lang whi may at any time be acquired by the Centra] Governmen, for resettlement of displaced Persons, Bar of future acqui- 719-A. (7) Notwithstanding anything to Sain irary in any law, custom, usage, contract Or agreem aan. from and after the commencement of the Punjab Sec of Land Tenures (Amendment) Ordinance, 1958 Permissible area - Provided that nothing in this Section shall apply to lands belonging 10 registered CO-operative Societies formed Or purposes of Co-Operative farming if the land owned by an Individual member of the Society does Not exceed the Permissible area, (2) Any (ransfer exchange, lease apr (tle- 2 g Cment or se MEnt made” jn Be, + Sereem “Onravention of the provisions of sub- Seclion (/) Shall be null and Void, P Fut iusiti = . ofl ner if af a Y Subject to the provisions of section 10-A, permissibie «3° 0! hethe. ie commencement of this Act, any person, 7M ete as land-owner Ortenant, acquires by inheritance or land, cv if afer Ir OM a Person lu whom he is an heir any the 30rh July 195 “ommencement of this Act and nein XChange lease ? Person has acquired by Lranarets “ler such ttlement any land, Of bt a ‘ ¢ are ¢ cy é her manner “ny land,] which, with oe wagdees lands —__ ee "The words “Ot the tine of 1959 Section gat the “OmMencement Of this Act” Omitted by Punjab Act No. 32 * . "New sect; Section 4. O'S TPA, 19B, 190 ang '°D, inserted by Punjab Act No. 4 of 1959, *Substityt , €d for the «. site. Whether ; dow 1 ouords vif, alter the commencement of this Act, any person, Person to y, : is an heir 12 @¢Quires iby inheritance Or bequest or gift from a avree ' July, 195% any — land or f after the Commencement of this ACt ant Cement of 5. €ment any lange has. acquired yY transfer, exchange, Set 1958 vide Section 1Qy Act No, 14 Of 1962, section 6 with e ; of 1953] THE PUNJAB SecuRITY oF TENURES ACT, 195 , LAND 249 already owned or held by him,e . permissible _ area, then he shalt cathin the eerea the cribed, furnish to the Collector, a return in the ore pres- form and manner giving the particulars of all preseribed selecting the land not exceeding in the aggre : and ermissible area which he desires to retain and if th ‘ es of such person 1S situated in more than one patwar cine he shall also furnish a declaration required by section 5. A (2) If he fails to furnish the return and select his land within the prescribed period, then the Collector ma in respect of him obtain the information required to i shown in the return through such agency as he may deem fit [and select the land for him in the mann ified i sub-section (2) of section 5-B]. er spect ied in (3) If such person fails to furnish the declaration, the provisions of section 5-C shall apply. 4) The excess land of such person shall be at the dis- posal of the 1/Central Governme nt] for utilisation as surplus area under clause (a) of sectioni0-A or for such other purpose as the Central Government] may by notification direct. 19-C. (J) The Collector may from time to time by Pawery of pos: order in writing direct the land-owner OF the tenant tO session of surplus deliver possession of the land in his surplus_area tothe person resettled on su hl [Centr | Government] or any officer empowered by i¢ within ten days 0 service of the order on him. ower to cause do- 9) If the land-owner oF the tenant refuses oF fails with on reasonable cause {o comply with an order she under sub-section (/) the Collector may cause (he ; Pi . the sion of the land in the surplus area to be delivers suc person resettled on it and may for that purpose use force as may be necessary: | Exemption of al) not apply {O ~ certain lands. 19-D. The provisions of thi : lands granted to any members of the Armed Forces of the Union for gallantry. 7 = "Added by Punjab Act No. 14 —r1962, with effect from ine 30th July. 1958, t’? by the Punjab Reorganisat ion ts) Order, 1968. vide sections 6(2) and 1(2). *Substituted for the words ‘‘State Govern men, (Chandigarh) (Adaptation of Laws 0” State ane oncurrent Subjec ie 250 THE PUNJAB SECURITY OF LAND [A Tenures Act, 1953 ct Lend cuncd by 1 ] q ings i at : ee oe [19-E. Notwithstanding anything —containeg in th; family to be Act ot in other law for the time being in force,— Is deemed land of one land-owner. *(a) where, immediately before the commence of this Act, a land-owner and his decend™ constitute a Hindu undivided family ants land owned by such family shall, for 4° purposes of this Act, be deemed to be the land of that Jand-owner and no descendant shal] ag member of such family, be entitled to claim that in respect of his share of such land he isa land owner in his own right ; and : (h) a partition of land owned by a Hindu un- divided family referred toin clause (a) shall be deemed to be a disposition of land for the purposes of section 10-A and 16. Explanation.—In this section, the expression “‘descen- dant” includes an adopted son. re . fia For the removal of doubts it is hereby de- clared,— (a) that the *[Central Government] or any officer empowered in this behalf shall be competent Inserted by Punjab Act No. 14 of 1962, with effect from the 15th April, 1953, vide sections 7 and 1 (2). *Section 11 of Punjab Act No. 14 of 1962, reads as follows :— 1]. Notwithstanding anything contained in this Act or the rules made thereunder or in any other law for the time being inforce or in any judgement, der cree or order of any court or other authority,— (a) where the surplus area in respect of the land owned bya Hindu undivided family referred to in clause (a; of section 19-E of the principal Act, has been determined under that Act at any lme before the commencement of this Act by any authorily competent to determine such area, whether by ignoring Ue partition of any such land made after the commencement lid the principal Act or otherwise, such determination shall be a? and shall be deemed alwas to have been valid and shall not 218 questioned on the ground that the descendants of the land-owne consutuling With him the Hindu undivided family were a owners in their own right in respect of their shares in such la or on the ground that the partition had been ignored 3 (6) where an order under sub-section (2) of section 5-B or sub-section (D of section 5-C, in respect of the surplus area of any pet been passed bya Revenue Officer exercising the pow Collector purporting to act as the prescribed authorily s beet! order shall be valid and shall be deemed always to have not valid and shall not be questioned on the ground that it was passed by the prescribed authority. ‘ati Substituted for thewords **State Government” by the Punjab Reorgansoeg (Chandigarh) (Adaptation of Laws on State and Concurrent Subjects) Order, = 1953 Tug PUNJAB SECURITY OF of TeNuRES AcrT, 1953 LAND 251 and shall be deemed alwa | always to have competent, to determine in the sresctibed manner the surplus area referred to in section 10-A of a land-owner out of the lands owned by such land-owner immediately b ef commencement of this Act ; an rid ore the (b) that for evaluating the land of any per any time under this Act, the land Swed iy him immediately before the commencement of this Act, or the land acquired by him after such commencement by inheritance or by be- quest 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 commence- ment, and that the land acquired by him after such commencement in any other manner shall always be evaluated for converting into stan- dard acres as if the evaluation was being made on the date of such acquisition]. ; 20. Nothing contained in this Act shall entitle a tenamt to purchase land in excess of the permissible area, including the land which he may already own. Restrictions on tenants. 21. %[(1)j Nothing contained in this Act shall affect Savingof. inder any land held by a tenant or lessee under Government, or local bodies in the State, or any unallotted evacuee land. 11(2) The provisions of section 9, 9-A and 18 shall not apply to lands leased _out by the Punjab State Co- operative Land Mortgage Bank Limited established under the Punjab Co-operative Land Mortgage Banks Act, 1957]. *(21-A. (1) The 3, Central Government] may, for F the purpose of preventing or removing any hardship of difficulty, by a special or general order, to be notified in the official Gazette, direct that any of the provisions of ELT a a 1Section 21 renumbered as sub-section (1) of that_section and after sub-section (1) so tenumbered a new sub-section (2) added by Punjab Act No. 14 of 1962, ion 8, 2New section 21-A , added by Punjab Act XI of 1955. *Substituted for th rds ‘‘State Government” by the Punjab Re-organisation (Chandigarh) (Adaptation of Laws on State and Concurrent Subjects ) Order, 1968. and lessees under Government. ower to remove difficulties by modification of provisions in certain cases. Procedure for ejyectment, Abrogation of pending decrees, orders and notices. Appeal, review and revision. Power to separate share of land-owners in joint lands, 252 THE PUNJAB SgEcuRITY OF LAND Trnurgs Act, 1953 [ Act X this Act shall apply to any class of fenants or OWne, with such modifications as may be specified in that 5 E (2) Any order made under sub-section (Z) shall be bets before both the Houses of the Legisiatute during the S€Ssign next following after the making of such order, and Unless the said order is approved by both the Houses a Of the Legislature, with or without modification, it shafj Case to have effect.] [22. Any dispute relating to rent payable by a tenant, or any objection relating to the ‘permissible area, not otherwise expressly provided for in this Act, shall be determined in a summary manner as Provided for in sec. tion 14-A ; provided that the order of ‘the Commissioner in appeal or revision in the ordinary course, shall be final.] 23. No decree or order of any court no notice of ejectment shall which it is consistent with t or authority and be valid save to the extent to he provisions of this Act. _ 24. The provision in Tegard to appeal, review and revision under this Act shall » So far as may be, be the same as provided in sections 80, 81, 82, 83 and 84 of the Punjab Tenancy Act, 1887 (Act XVI of 1887). __ [24-A. (/) Where a land-o with other land-owners and his sh thereof, as ascertained from th 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 {6 utilise it, may on his own motion, after summary enquiry and affording to the persons inter- ested in such land an Opportunit ‘d, separate his share of sue lant pp y of being heard, sep . ’ Or part thereof j land owned by him Jointly With. other land-ownene n the land o (2) Where » after the declaration of the surplus area of any person and before the utilis { n ¢ . ation thereof, his !a nas been publected to the Process of consolidation, the separ “Actred to in sub-section (1) shall be competent ! land obt im de lus area of such person out of the area at oblained by him after consolidation, ] 1Substituted by Punjab Act XI 0 £1955, “New Section 24-A inserted by Punjab Act No. 14 of 1962 wner owns land jointly are of such land or part ¢ record of rights, has been ——— , section 9, r a, y . of 19 53] THE J UNJAR SECURITY OF TENURES ACT, 1953 Land = 253 25, Except in accordance wi enutel | : validity ofany brepoeai vith the proviso of this Exclusion of Act the v any proceedings or order taken or made — Sorts, -and under this Act shall not be called in question in any court muthorities. or before any other authority. 26, No suit or other legal proceedings shall lie Indemnity against any authority in respect of anything done in good fqith in pursuance of the provisions of this Act, 27. The 1[Central Government] may by notification Power to make ‘nthe official Gazette make rules for carrying out the pur- rules. poses of this Act. 28. The Punjab Tenants (Security of Tenure) Act, Re and 1950 (Act XII of 1950), and the Punjab Tenants (Security of Tenure) Amendment Act, 1951 (President’s Act V of 1951), aré hereby repealed but, notwithstanding such repeal and notwithstanding the expiry of the Prevention of Ejectment (Temporary Powers) Ordinance, 1952, anything done or any action taken in the exercise of any power conferred by or under the said Acts or the said Ordinance to the extent ofits being consistent with the provisions of this Act, shall be deemed to have been done or taken In exercise of the powers conf erred by or under this Act, as if this Act was in force on the day on which such thing was done or action taken. el . ‘ ant” iab Re-organisa- ISubstituted for the words “State Government by the Punja i : tion (Chandigarh) (Adaptation of Laws on State and Concurrent Subjects) Order, 1968.