THE PUNJAB LAND REFORMS RULES, 1973

 

Contents

 

Section

Subject

  1.  

Short title and commencement

  1.  

Definition

  1.  

Appointment, powers and jurisdiction of Collector

  1.  

Prescribed relation for self cultivation

  1.  

Selection of permissible area and furnishing of declaration

  1.  

Procedure for obtaining information as required by Section 5

  1.  

Determination of permissible area and surplus area

  1.  

Valuation of different classes of land

  1.  

Determination of area under assured irrigation when land is Nehri or Chahi

  1.  

Valuation of land for determining permissible area

  1.  

Determination of value of produce for the purpose of section 10

  1.  

Relevancy of revenue record for determining irrigated land and unirrigated land

  1.  

Procedure for determining amount to be paid for surplus area

  1.  
Manner of payment
  1.  
Issue of vouchers for cash payment
  1.  

Procedure for Treasury Officer and Sub-Treasury Officer

  1.  

Procedure on application made under Section 15

  1.  
Payment of price
  1.  
Court Fee
  1.  
Court Fee on miscellaneous application and process fee
  1.  

Procedure to be followed generally

  1.  

Manner of service of notice or orders

  1.  

Repeal

FORM `A’

FORM `B’

FORM `C’

FORM `D’

FORM `E’

FORM `F’

FORM `G’

FORM `H’

FORM `I’

FORM `J’

FORM `K’

 

 

THE PUNJAB LAND REFORMS RULES, 1973

 

1.    Short title and comment – (1)   These rules may be called the Punjab Land  Reforms Act, 1973.

 

(2)               They shall come into force at once.

 

NOTE

 

            In exercise of the powers conferred by sub-section (1) of section 26 of the Punjab Land Reforms Act, 1972 (Punjab Act No.10 of 1973), Governor of Punjab is pleased to make these rules for carrying out the purpose of the Act.

 

2.                 Definitions – In these rules, unless the context otherwise requires—

(a)   “Act” means the Punjab Land Reforms Act, 1972;

(b)    “Circle Revenue Officer” means the Assistant Collector of the Second Grade or any other office,` not below the rank of Naib-Tehsildar, authorised by the Collector in this behalf].

(c)   “form” means a form appended to these rules;

(d)   “schedule” means a schedule appended to these rules;

(e)   “section” means a section of the Act;

 

3.                 Appointment, powers and jurisdiction of Collector—(1) Within his jurisdiction, the Sub-Divisional Officer, exercising powers of Assistant Collector of the first grade, shall be the Collector within the meaning of sub-section (3) of  section 3.

(2) Where a person owns or holds land as land-owner of tenant in more than one tehsil, the Collector having jurisdiction in the area, where the largest portion of such land is situate, shall be the Collector within the meaning of sub-section (3) of Section 3.

 

4.         Prescribed relation for self cultivation :- [NOTE—Rule 4 omitted on 16.11.1979]

 

5.                 Selection of permissible area and furnishing of declaration—(1) Every person, who on the appointed day or at any time thereafter, owns or holds as landowner or tenant or mortgage with possession or partly in one capacity and partly in another, in excess of the permissible area shall intimate his selection through a declaration in form A, to be furnished in duplicate personally or by registered post (acknowledgement due).

 

(2) In the case of a person who owns or holds lands as landowner or tenant or mortgagee with possession or partly in one capacity and partly in another, in excess of the permissible area on the appointed day or at any time before the commencement of these rules, the declaration referred to in sub-rule (1) shall be furnished within a [period of four months and fifteen days] of the date of commencement of these rules and in the case of a person, who, becomes liable to furnish the dclaration at any time after the commencement of these rules, the declaration shall be furnished within a [period of four months and fifteen days] of the date on which he becmes so liable.

 

[2-A]   If any person referred to in sub-rule (2) failed to furnish the declaration within the period specified in sub-rule (2) or furnished a declaration, which is false or which he knows or has reasons to believe to be false or which he does not believe to be true he shall furnish a declaration within a period of thirty days from the date of commencement of the Punjab Land and Reforms (Amendments) Act, 1976].

 

3. If the land owned or held by person are situate in more than one tehsil, the declaration shall be furnished to the Collector having jurisdiction in the area in which the largest portion of such lands is situate.

 

4. In the case of a family, the declaration shall be filed by the husband, where the husband is dead or does not own or hold any land, by the wife and in any other case by the eldest surviving child, who is member of the family.

 

5. On receipt of the declaration the Collector shall issue a receipt to the person furnishing the declaration.

 

COMMENTS

 

According to this rule and limitations would expire on the expiry of 30 days from the commencement of the Punjab Land Reforms (Amendment) Act, 1976. The Punjab Land Reforms (Amendment) Act was assented to by the Governor on 22.4.1976 and was published in the Government Gazette on 30th April, 1976. The petitioner contends that the Amendment Act must be considered to have commenced on 22.4.1976 the date of assent and not on 30.4.1976 the date of publication, and, therefore, the limitation for filing the selection expired on 19th May, 1976. Hukam Chand etc. Vs. State and Hazari Ram, 1988 PLJ 386.

 

            No notice whatsoever was given to the petitioners though they were tenants on the appointed day i.e. 24.1.1971. The surplus area case of the big landowner was filed under the New Act as he died on 8.8.1985 and the surplus area was to be re-determined in the hands of the legal heirs but the Special Collector (Agrarian) Fazilka, vide his order dated 26.5.1987 upheld the order dated 28.9.1962 which was passed under the Old Act whereas he should have determined the surplus area in the hands of legal heirs of the big landowner under the New Act. The order of Commissioner that the appeal is pre-mature is bade in the eyes of law. He should have decided it on merits. Waryam Ram etc. vs. The State of Punjab etc., 1991 PLJ 35

 

            The second limb of this argument is that the limitation prescribed by sub-rule (2-A) of Rule 5 of the Rules only provides an extended period if a person has failed to furnish a declaration within the period specified in sub-rule (2) (which is 4 months and 15 days of the date of  the commencement of the Punjab Land Reforms Rules, 1973), or has furnished a declaration which is not true. In the present case no fresh declaration has been furnished. Only a selection has been furnished by means of an application and this selection would not be protected by the aforementioned sub-rule (2-A) of Rule 5. Hukam Chand etc.vs. State and Hazari Ram, 1998 PLJ 386

 

6.         Procedure for obtaining information as required by section 6—(1) Where a person, who is required to furnish a declaration in accordance with the provisions of section 5, fails to do so, the Collector may cause necessary entries in Form A to be filled up by the Patwari or Patwaris concerned.

 

(2) The correctness of entries in the form filled-up by the patwaris be verified by the Circle Revenue Officer concerned.

 

7.                 Determination of permissible area and surplus area—On receipt of form A, the Collector shall, after satisfying himself as to the correctness of the entries made therein, and after giving an opportunity to the landowner, mortgagee with possession or tenant, as the case may be, of being heard and after making such enquiry as he may deem necessary by an order. Determine the permissible area and the surplus area of a land owner or mortgagee with possession or the tenant, as the case may be. A copy of such order shall be endorsed to the Circle Revenue Officer.

 

8.                 Valuation of different classes of land—The valuation of different classes of land shall be as follows:-

(i)                Land under assured irrigation and capable of yielding at least two crops in a year 100 per cent.

(ii)               Land under assured irrigation for only one crop in a year-63.6 per cent.

(iii)             Barani Land –34 per cent.

(iv)             Sailab, Bet Sailab, Dakar, Rosli, Bhud, Chhamb, Thur, Sem Kallar and Banjar Jadid, not falling under sub-clauses (1),(ii) and (iii)—34 per cent.

(v)              Banjar-27 per cent.

 

COMMENTS

 

            Evaluation of first quality land – Orders Annexures P-1, P-2 and P-3 of the Collector Agrarian, Pathankot, Additional Commissioner, Jullundur Division, Jullundur and Financial Commissioner, Taxation, Punjab, Chandigarh respectively are set aside by accepting this petition and the case is remitted to the Collector Agrarian, Pathankot for re-determining the surplus area of the petitioners in the light of above observations and in particular keeping in view the provisions of Rule 8 and 9 read with Schedule A of the Punjab Land Reforms Rules, 1973 for evaluating the first quality of the land of the petitioners. The Collector shall also keep in view para 4 of this writ petition wherein such evaluation has been done  by the petitioners while doing so. A copy of this writ petition along with a copy of  this order be sent to the Collector for doing  the needful. Dharam Singh & others vs. State of Punjab and others, 1993 PLJ 29

 

9.                 Determination of area under assured irrigation when land in Nehri or Chahi—(1) Where land is commanded for irrigation by perennial canal the area of such land shall be multiplied by half of the irrigation intensity  ratio specified against such a canal in Schedule `A’. The figure thus arrived at shall be treated as the land under assured irrigation and capable of yielding at least two crops in a year and the remaining  area of such land shall be treated as Barani Land.

 

(2)               Where land is commanded for irrigatyion by non-perennial canal, the area of such land shall be multiplied by the irrigation intensity ratio specified against such a canal in Schedule `A’. The figure thus arrived at shall be treated as the land under assured irrigation for crop in a year and the remaining  area of such land shall be treated as Barani Land.

 

(3)               Where land is commanded for irrigation by a tubewell owned by the Government, the area of such land shall be multiplied by half the irrigation intensity ratio specified against such a tubewell in Schedule `A’. The fugure thus arrived at shall be treated as the land under assured irrigation and capable of yielding at least  two crops in year and the remaining area of such land shall be treated as Barani Land.

 

(4)               Where land is irrigated by water drawn from a privately owned tubewell, pumping set, open well or bore, the land under assured irrigation and capable of yielding at least two crops in a year shall be according to the norms specified in Schedule `B’. The remaining area shall be treated as Barani Land.

 

(5)               Where irrigation by canal water or Government owned tubewell is supplemented by water drawn from a privately owned tubewell, pumping set, upon well or bore, the area determined in accordance with the provisions of Schedule `B’ shall also be taken into consideration for the purpose of this rule.

 

(6)               Where a tubewell, a pumping set, an open well or bore has been installed or on before the appointed any in the land described in the Jamabandi prepared immediately before that day  as Banjar Jadid or Banjar Qadim, the land determined in accordance with the provisions of Schedule `B’ shall be treated as land under assured irrigation and capable of yielding at least two crops in a year or land under assured irrigation for only one crop in year depending on whether according to the khasra girdawari record of the year 1970 at least two crops were raised on this land or only one crop was raised.

 

 

COMMENTS

            Submissions on behalf of the petitioner is that benefit of Eastern Canal has not been given and although this ground of appeal was specifically take up before the Commissioner, the latter has not given any finding on this aspect. It is admitted that this land is irrigated by the Eastern Canal. From the order of the Collector, it does not appear whether benefit of Eastern Canal has been given, it is therefore necessary for him to make clear whether this benefit is admissible and has been given. His calculations should elucidate the positions. Pirthi Singh vs. State of Punjab, 1992 LLT 12(F.C.Punjab)

 

            The benefit of Eastern Canal has not been given and although this ground of appeal was specifically taken up before the Commissioner, and latter has not given any finding on this aspect. It is submitted that the land is irrigated by the Eastern Canal. From the order of the Collector, it does not appear whether benefit of Eastern Canal has been given. It is therefore, necessary for him to make it clear whether this benefit is admissible and has been given. His calculations should elucidate the positions. Pirthi Singh vs. State of Punjab, 1988 PLJ 86

 

10.             Valuation of the land for determining permissible area—For the purpose of proviso (I) of clause (d) of sub-section (2) of section 4, the land owned or held by a person shall be valued according ti the relative valuation of various classes of land as given in rules 8 and 9 and the whole of the land shall be converted into the first quality land. After it is so valued and converted the land in excess of seven hectares of first quality land shall be treated as surplus area. The figure arrived at on the basis of total valuation of all the classes of land shall be treated as land of the class referred ro in clause (a) of sub-section (2) of section 4 and the permissible area and the surplus area shall be determined accordingly.

 

Illustrations—

(1)               A person has 20 hectares of land commanded for irrigation by a perennial canal the projected intensity ratio whereof is 62 per cent for the whole year. There is a privately owned tubewell with a motor of 5 H.P. installed in that land. Besides, he has Barani land measuring 10 hectares. In this case, the permissible area shall be worked out as follows:

 

The first quality land irrigated by canal water—

20X62/2X1/100 = 6.2 hectares.

The first quality land irrigated by tubewell = 5 hectares.

Total area of the first quality land = 6.2 + 5 = 11.2 hectares.

Land deemed to be Barani out of 20 hectares = 20-11.2 = 8.8 hectares.

Barani Land = 10 hectares.

Total Barani land including land deemed to be Barani=10+8.8=18.8 hectares.

Value of the Barani land in terms of the first quality land 18.8X34/100 = 6.392 hectares.

Value of the whole land in terms of the first quality land = 11.2 + 6.392 = 17.592 hectares.

Permissible area in terms of first quality land = 7 hectares.

Surplus area in terms of the first quality land = 10.592 hectares.

Land selected by this person as his permissible area shall be valued accordingly. The area equivalent to 7 hectares of the first quality land shall be allowed to him as permissible area and the rest shall be declared as surplus area.

[(2) A person has 12 hectares of land commended by a non-perennial canal the projected intensity ratio whereof is 55 per cent. Besides, he has 20 hectares of Barani land and 10 hectares of Banjar Land.

Total area of irrigated land = 12 hectares.

Land under assured irrigation for one crop = 12X55/100 = 6.6 hectares.

Land deemed to be Barani out of 12 hectares = 12 – 6.6 = 5.4 hectares.

The first quality land irrigated by canal water = 6.6X63.6/100 = 4.2 hectares.

Total Barani land including land deemed to be

Barani                               = 20 + 5.4 = 25.4 hectares.

Value of the Barani land in terms of first

Quality land                       = 25.4 X 34/100 hectares.

Value of Banjar land in terms of first the first

Quality land                       = 10X27/100 = hectares

Total value of the land in terms of the first

Quality land                       = 4.2+25.4X34/100+10X27/100

                                           -4.2+8.636X27 = 15.536 hectares.

Permissible area in terms of the first quality = 7 hectares.

land                

Surplus area in terms if the first quality land = 8.536 hectares.

The land selected by this person as his permissible area shall be valued accordingly. The area equivalent to 7 hectares of the first quality land shall be allowed to him as permissible area and the rest shall be declared surplus area.

 

11.             Determination of value of gross produce for the purpose of section 10—The value of the gross produce referred to in the explanation to sub-section (1) of section 10 for the purpose of determining fair rent shall be determined on the following basis:-

 

(1)   The gross produce per agricultural year per hectare of the land shall be the total of average yield of crops generally grown on such lands in the National Extension Service Block in which land is situate.

 

(2)   The average yield per hectare of a crop grown on a certain land shall be worked out by taking the arithmatic average of the yield as determined by crop cutting experiments on such class of land during a period of five years immediately preceeding the appointed day.

 

(3)    If results of crop cutting experiments are not available either for irrigated or for un-irrigated land the average yield per hectare of a crop grown on irrigated land shall be taken as twice the average yield per hectare of such crop grown on un-irrigated land and vice versa.

 

(4)   The value of gross produce for one hectare or uncultivated Kallar, Sem, Thur and Banjar shall be taken as 80 per cent of the value determined for gross produce for one hectare of Barani land.

 

(5)    If results of crop cutting experiments are not available for any block to determine the average yield of any particular crop, the average yield as recorded in the Season and Crop Report prepared immediately before the appointed day shall be taken to be the average yield.

 

(6)   The money value of the gross produce shall be arrived at by multiplying the gross produce determined according to sub-rules (1), (2), (3), (4) and (5) above, by the average market value determined by taking the arithmetic average of the market prices of crops prevailing in the principal market of the area of 15th June (for Rabi) and 15th January (for Kharif) for a period of 3 preceding years;

 

Provided that where the procurement price is fixed by the Government of India in respect of  a certain crop, it will be taken as the market price of the crop for the purpose of sub-rule (6).

 

12.             Relevancy of revenue record for determining irrigated and un-irrigated land—For the purpose of these rules, the relevant revenue record for determining whether the land is irrigated or un-irrigated shall be the entries in khasra or girdawari record for the year 1970;

 

Provided that when the land is acquired by a person [on or after the appointed day] in any manner, other than by inheritance, request or gift from a person to whom he is an heir, the relevant revenue record for the aforesaid purpose shall be the khasra or girdawari record prepared immediately before such acquisition.

 

13.             Procedure for determining amount to be paid for surplus area—(1) The statement referred to in sub-section (2) of section 10 shall be prepared in form `B’.

 

(2)               After the statement referred to in sub-rule (1) has been prepared, the Collector or the officer authorised by the State Government shall serve a notice in form `C’ on the persons having interest in the land.

 

(3)               After the statement referred to in sub-rule (1) has been prepared , the Collector or the officer authorised by the State Government  shall serve a notice in form `C’ on the persons having interest in the land.

 

(4)               When the period specified in the notice issued under sub-rule (2) has expired , the Collector or the officer authorised by the State Government , after taking into consideration the claims put in by various persons and after such enquiry as he deems necessary shall apportion the amount determined under sub-section (1) of section 10 amongst the persons having interest in the land.

 

14.             Manner of payment—Where the amount determined under sub-section (1) of section 10 is one thousand rupees ir less, if shall be paid in lump sum. Where the amount is more than one thousand rupees, the first one thousand rupees, except where the half yearly instalment is more than one thousand rupees will be paid in lump sum and the remaining amount in half-yealy equated instalments not exceeding fifteen;

 

Provided that half instalments will not be less than five hundred rupees each, the last instalment being the amount in balance].

 

15.             Issue of vouchers for cash payment—(1) The amount shall be paid by issuing vouchers in form `D’. A book containing such vouchers shall be kept in double-lock by the Treasury Officer or Sub-Treasury Officer, as the case may be, and shall, on receipt of a demand in form `E’ be issued to the Collector or to an officer authorised by the State Government, who shall keep the book in his personal custody and shall before commencing the use thereof, send an intimation to the Treasury Officer or Sub-Treasury Officer, as the case may be, in form `F’. Ordinarily, only one book shall be issued by the Treasury Officer or Sub-Treasury Officer to the Collector or to the Officer concerned.

 

(2)              A voucher, which is not encashed within a period of three months from the date of its issue, shall cease to be valid unless it is, on an application by the holder thereof, countersigned and revalidated for payment by the Collector of an officer authorised by the State Government. The holder, on failure to obtain payment within three months from the date of issue, shall submit the voucher with an application for its revalidation.

 

(3)               In case of loss, destruction or mutilation of the original voucher, the holder may apply for the issue of fresh voucher. A new voucher shall not be issued until after the expiry of six months from the date of issue of the original voucher and until non-payment certificate has been obtained from the Treasury Officer or Sub-Treasury Officer.

 

16.             Procedure for Treasury Officer and Sub-Treasury Officer—(1) The Treasury Officer or Sub-Treasury Officer as the case may be, shall keep an account of vouchers, presented and encashed on each day of payment in form `G’. These forms shall be kept in a guard file. Where no payments are made on any day the Treasury Officer or Sub-Treasury Officer shall prepare a blank statement in this form.

 

(2)               The Treasury Officer or Sub-Treasury Officer shall prepare a monthly statement in form `H’ and send one copy thereof to the Collector of the district or the officer authorised by the State Government, who shall consolidate all the statements for the district on form `I’.

 

17.             Procedure on application made under section 15 – (1) The application under sub-section (2) of section 15 shall be made in form `J’.

 

(2)               The Assistant Collector of the first grade shakk, after verifying the particulars given in the application made under sub-rule (1) and after making a summary enquiry, determine the amount payable in respect of the land for which the application is allowed.

(3)               When a tenant has become owner of any land in accordance with the provisions of the sub-section (4) of section 15, the Assistant Collector of the first grade shall issue to him a certificate in form `K’. The Assistant Collector of the first grade shall prepare three copies of such certificate, one to be placed on the file, the second to be sent to the landowner and the third to the patwari concerned, who shall made entries in the mutation register in accordance with the certificate which shall, for purposes of attestation of the mutation and charging of fee, be treated as if it were an order of a revenue officer.

 

18.             Payment of purchase price—(1) The amount determined under sub-section (2) of section 15 shall be paid in lump sum where it does not exceed two hundred rupees and in fifteen equated half yearly instalments in other cases.

 

(2)               The lump sum or the first instalment of the amount determined under sub-section (2) of section 15 shall be deposited in a Government Treasury or Sub-Treasury or paid to the Assistant Collector of the first grade having jurisdiction within fifteen days of such determination and every subsequent instalment  shall be paid within fifteen days of the date on which it becomes due.

 

 

Contents        Next