1THE PUNJAB SECURITY OF LAND TENURES RULES, 1956

 

 

Contents

 

SN

                                 Subject:

Part – I

Preliminary

1         

Short title

2         

Meaning of expression used in these rules

PART - II

Assessment  of Surplus Area

3         

Form etc. of declaration, under section 5-A of the Act- (1)

4         

Selection  of permissible area in case of non-reservation

4A

Receipt for Forms

4B

Prescribed authority under sub-section (2) of section 5B and section 5C of the Act

4C

Disposal of Forms furnished to Special Collector

5         

Relatives  through whom self- cultivation may be carried out

6         

Assessment of surplus area, with landowners and tenants

7         

Omitted

PART - III

Exclusion of certain areas from the  surplus  area

8         

Exemption, of orchards, tea estates, co-operative garden  colonies and well-run  farms

9         

Committee to decide  landowners  applications for exemptions  of orchards  and well-run farms

10     

Considerations on which  a landowner’s application in form H is to be decided

11     

Assignment of marks to farms for the purpose of classification

11A

Revision of classification of well-run farms

12     

Appeal from the 1[ Committee’s  decision ].

Part – IV

Resettlement  of tenants ejected or liable to ejectment

13     

Procedure for dispossession of tenants liable to ejectment, under section 9(1)

14     

Application by landowner for resettlement of tenant

15     

Application for resettlement by tenants

16     

Suo motu  proceeding for  resettlement by Circle Revenue Officer

17     

Procedure to be observed by Circle Revenue Officer

18     

Procedure for allotment

19     

Allotment of land to overflow tenants

20     

Priority for resettlement of certain tenants

20A

Issue of certificates

20B

Delivery of possession

20C

Condition of resettlement

20D

Consequences of not taking possession

Part – V

Miscellaneous

21     

Relatives who shall not be entitled to the benefit of section 9-A of the Act

22     

Forms to be used for applications and notices mentioned in section 14-A of the Act- (1)

23     

Payment of purchase price in installments

24     

Return in respect of lands acquired by a person, subsequently under section 19-B (1) of the Act

 

 

1THE PUNJAB SECURITY OF LAND TENURES RULES, 1956

 

2[Part – I

Preliminary ]

1.                Short title- (1)  These rules may be, called  “ The Punjab Security of Land Tenures Rules”1956 and are supplementary  to ‘The Punjab Security of Land Tenures Rules, 1953’ ]

3[             ].

(2)             They shall  come into force at once.

 

2[2.      Meaning of expression used in these rules-- In these rules unless the context otherwise requires,-

(i)               “Act” means  the Punjab Security of Land Tenures Act, 1953”.

(ii)              “Circle  Revenue Officer”  includes any Revenue Officer authorised  by  the Collector  to function as such in any tehsil or part thereof.

(iii)             “Form” means a Form appended to these rules;]

4(iii-A)   “Collector” means  the Collector of the district or any other officer not below the rank of Assistant Collector , 1st  Grade , empowered in this behalf by Government: [**  ].5

3[(iv) “Special Collector” means an officer appointed by the Government  by notification to  perform the functions  assigned to the Special Collector , under these rules in respect of such area as may be specified in the notification;].

2[Provideded that  for the purposes of section 19-B of the Act, the Special Collector shall in the case of a landowner or tenant owing or holding land in excess of the permissible area in more than one district,be the Collectorof the district in which thelargest area of such landowner or tenant is siituate and such Collector shall perform the functions assigned to the special Collector  under these rules]   [and ]6

7[(v)    “tea estate” will include –

(a)              area under tea plantation ;

 

1Published:-vide Punjab Government notification No. 1082-R (C.H)-56/471, dated the 27th April, 1956.

1Re-Published; vide Pumjab Government Notification No. G.S.R. 57/P.A. 10/53/s. 27/62 dated 20th February, 1762.

2Punjab Government notification No. 157-L.R. II/58/6053, dated the 2nd September, 1958.

3Punjab Government notification No.32231 –R-II-57/1624, dated the 22nd March, 1958.

4Punjab Government notification No. 3744/A.R.I.-(II)?56/6381,dated the 4th October, 1958.

5Okmitted by Punjab Government notification No. 3513-A.R.I.(II)-60/2173,dated the 16th June, 1960.

6Added by Punjab Government notification No. 2513-A.R.I.(II)-60/2173, dated the 16th June, 1960.

7Substituted by Punjab Gbovernment Notification No.5942-A.R.I.(II)-60/3744, dated the 14th November, 1960.

 

(b)       areas on which there is a programme for expanstion of tea plantation during the next ten years;

(c)        five percent of the area under tea, for replanting ;

(d)             areas covered  by forests and forest growth and grazing  grounds of which thefuel wood,timber  and grass is required for the manufacture of tea and maintenance of tea estate;

(e)              low –lying lands which generally serve as water reservoirs, for the use of tea plantation ; and

(f)              land on which tea, factories, labour  quarters, play-grounds, hospitals, schools and other  ancillary buildings are siituated.]

 

 1[2-A    Where  two or more Collectors or Special Collectors are appointed for any area, the Financial Commissioner may by general  or special order, regulate the distribution of business among them.]

 

2[PART II

Assessment  of Surplus Area ]

 

3[3.      Form etc. of declaration, under section 5-A of the Act- (1) - The declaration  supported by an  affidavit   required  to be furnished under section 5-A of the Act shall be furnished   by a landowner in Forms A and C and by  a tenant in Forms B and C, either personally    or by registered post (acknowledgement due ) to –

(a)              The Collector, of the district, if his land  is situated in such Patwar Circles as are comprised within one  district; and

(b)             the Special Collector, if his land is situated in such Patwar Circles as are  comprised in more than one district.

(2)             In addition  to the Forms referred  to in sub-rule ( 1) as many copies thereof as there are Patwar Circles in which the land  is situate shall  also be furnished by  the landowner or tenant.

 

4.     Selection  of permissible area in case of non-reservation – An intimation under section 5-B (1) of the Act shall be furnished  by a landowner in Form E in  the manner  and to the officer specified in rule,3, along with one additional copy thereof   for the the Patwari  of every patwar  circle, in which the land selected by  such landowner is situate.

 

1Punjab Government notification No.9312A.R.I.(II)-58/627, dated the 10th February, 1959.

2Punjab Government Notification No. 157/L.R.II-58/6053, dated the 2nd  September, 1958.

3Substituted by Punjab Government notification NO.3223-L.R.-II-57/1624, dated the 22nd March, 1958.

 

4-A     Receipt for Forms—The Collector or the Special  Collector to whom the Form or Forms mentioned in rules 3  and 4 are furnished  1[             ] shall , as soon as the Form  or Forms in the required number of copies, are received by him, issue the following receipt to the person furnishing  the Form  or Forms –

“Received ___________ copies each of Forms A/B/C together with _________ copy or copies of Form E prescribed in rules 3 and 4 or copy or copies of Form E Prescribed in rule 4 of the Punjab Security of Land Tenures Rules, 1956, from Sh.  __________ , son of __________ , landowner / tenant of village____________________ tehsil___________ and district.

                                                                                  Collector/ Special Collector.

Dated the ____________196 .

 

Note :- Strike off, portion not required.

 

4-B      Prescribed authority under sub-section (2) of section 5B and section 5C of the Act –For the purpose of sub section (2) of section 5B and section 5C of the Act, the prescribed authority shall be-

(i)        the 2[Collector], if the lands owned or held by a landowner or tenant are situate in the patwar circles comprised in one district; and

(ii)              the Special  Collector, if the lands owned or held by a landowner or tenant are situate in patwar circles comprised in more than one district.

 

4-C.     Disposal of Forms furnished to Special Collector- Where Forms under rules 3 and 4 have been furnished to the Special Collector by a landowner or tenant, the Special Collector shall retain the original  Forms with him and  send the  requisite number of copies  thereof to the Collectors, of the district, in which the land of the landowner or tenant, as the case  may be, is situate.

 

5.                Relatives  through whom self- cultivation may be carried out-  In addition to his wife and children , a landowner may  undertake  the self –cultivation of his land through the relatives mentioned below –

(i)               Brothers.

(ii)               Collaterals in the  first degree.

(iii)             Real uncles and nephews, whether maternal or paternal :

 3[Provided that if the land is held by an unmarried  female, her own relatives, and  after  marriage, her   husbands’s  relatives   also   shall   be   considered eligible.]          1[       ].

 

1Substituted by Punjab Government notification No. 3223-L.R.II-57/1624, dated the 22nd March, 1958.

2Subdtituted or the words, “Collector of the district” by the Punjab Government notification No.1723-A.R.I. (II)-62/673, dated the 13th February, 1962.

3Substitutedb by Punjab Government notification No. 549-A.R.I. (II) 61/980, dated the 10th March, 1961.

 

2[6.     Assessment of surplus area, with landowners and tenants – (1) Every patwari shall prepare, in duplicate, statements in Forms D and DD for every landowner and tenant, respectively, who owns or holds land in excess of the permissible area in his circle, and shall retain one copy of each such Form himself  and forward the other  to the circle Kanungo.

 (2)    The  circle Kanungo shall, after personal examination, attest all entries made by the patwari   in Form D  or Form D D and forward it to the circle revenue officer.

(3)             The circle revenue officer, shall, after holding such enquiry as he thinks fit and after giving   the persons concerned, an opportunity of being heard, forward his report to the  Collector.

(4)             Where, in the case of a landowner , Forms A,C and E and in the case of a tenant ,Forms  B and C, have been received by the Collectors, from the Special Collector, under rule 4-C, the Collector shall  after holding  such enquiry  as he thinks fit ,return them to the Special Collector, alongwith Form D,  in the case of landowner  and Form D D in the case of a tenant.

(5)       In the case of landowner or tenant who has furnished his Form to the Special Collector, under rules 3 and 4 , the Special Collector shall 3[ after giving the landlord or  tenant  an  opportunity of being heard and  ]   after such enquiry  as  he thinks  fit, assess his surplus  area. In doing so, he shall  hear any, objections made by the landowner or tenant , and in a 3[        ] written order  decide such objections. In case, no objections are made, or the person   affected does not appear, the fact shall be stated in  the order.

(6)              In the case of a landowner or tenant who has furnished his Forms to the Collector, under  rules 3 and 4, the Collecto shall,after  3[ after giving the landlord or tenant  an opportunity of  being heard and ] after such enquiry as he thinks fit, assess his surplus area. In doing so, he shall hear any objections made by the landowner or tenant, and in a 3[   ] written order decide such objections. In case no objection are made or the  person affected does not appear, the fact shall be stated in the order.

(7)                (i) The Collector or the Special Collector, shall prepare a statement in  Form F and forward  immediately , a copy thereof to the landowner or tenant concerned under cover of an endorsement prescribed in the Form and it shall be served upon the landowner or tenant  as if it were a summons in the manner prescribed in section 90 of the  Punjab Tenancy Act, 1887.

1Omitted;- vide Punjab Gonernment notification No. 157-R.L.II-58/6043, dated the 2nd  September, 1958.

2Substituted by Punjab Government notification No. 3223-L.R.-II- 57/1624, dated the 22nd  March, 1958.

3Punjab Government notification No. 690-A.R.I.(II)-59/642, dated the 11th February, 1959.

 

(ii) The special Collector,shall also forward a copy of Form F  prepared  by him to the Collector of every district in which  the surplus  area of the landowner or tenant is situate.

 

              1[(8) Any person  aggrieved by a decision of the Collector of the Special Collector , may within  2[ 60 days ]  from the date of communication of the decision to such person, to be  computed  after excluding the time spent in obtaining a copy of such decision, appeal to –

(a)              The Commissioner of the Division, where the person resides, in case the  person resides in Ambala or Jullundur  Division ;

(b)       The Commissioner of the Division  where the largest   portion  of the holding of the person is situate, in  case the person resides outside  Ambala and Jullundur Divisons;

and the decision of the Commissioner which shall, be duly communicated  by the Commissioner to the Collector or Collectors concerned shall be final ].

(9)             The Collector or the Special Collector or the Commissioner  shall not while  deciding any  case under this rule, entertain  any claim  from a landowner  for the exemption of any area on any of the  grounds  set forth in sub-rule (1) of rule 10.]

 

7.                 3[Omitted ].

 

PART - III

Exclusion of certain areas from the  surplus  area.

 

4[8    Exemption, of orchards, tea estates, co-operative garden  colonies and well-run  farms –(1) If any  landowner  wishes   to claim  exemption on the ground that his surplus area is under a tea estate or forms part of a well-run farm the may, within a period  of thirty days from the date of publication of Revenue Department, notification No.5[ 632-A.R.I. (II)-61/492,dated  the13th Feburary, 1961], or from the date of the order passed by  the  Collector  or   the Special Collector,    declaring   the surpuls area, or where an appeal against such order has been preferred to the Commissioner, within a similar period, from the date of theorder, passed by the Commissioner, whichever  is earlier, applyin Form  H together with relevant  information in Form J, to the Collector of the district, in which the land for which exemption is claimed is situate.

 

(2)             Cases relating to co-operative garden colonies and orchards received by the [ Committee ] before  the  date of publication of the notification referred to in  sub-rule (1) shall be disposed of by the Collector or the Special Collector,as the case may be, in accordance with the provisions of the Act.].

 

1Punjab Government notification No. 2015-AR.I.(II)-59/1841, dated the 30th April, 1959.

2Substituted by Punjab Government notification No. G.S.R.  33, dated the 29th January, 1963.

3Punjab Government notification No. 3223L.R.-II-57/1624, dated the 22nd March, 1959.

4Substituted by Punjab Government notification No. 584-A.R. (II) 60/1557, dated the 4th May, 1960.

5Substituted by Punjab Government notification No. 632-A.R.I.-(II)- 61/492, dated the 13th February, 1961.

 

 

9.  1[Committee]  to decide  landowners  applications for exemptions  of orchards  and well-run farms—(1) On receipt  the application in Form  H,  the Collector  shall place it before  a 1[Committee ] consisting of himself , as Chairman, one non- official member and an  official of the Agriculture Department , both to be nominated by  Government. Government  may if considered necessary , also nominate  an officer  of the Revenue Department to represent it on the Board.

(2)             The  1[ Committee ] shall, before deciding  the applications, give the  landowner an opportunity of presenting his case,. Proceedings before the  1[Committee ] will be a summary character , and the Chairman shall record the  2[ decision ] of the 1[Committee],giving  reasons briefly  for the 2[decision ]  taken 2[ and annouonce it to the party concerned.]

In the event of a difference of opinion between the members of the  1[committee ]. the majority view shall prevail, and where opinion is equally divided, the Chairman will decide  which of the  two views shall prevail.

 

10.      Considerations on which  a landowner’s application in form H is to be decided –(1) in deciding the landowners  application, the 1[committee ] shall exclude from the surplus area tobe utilized for the resettlement of ejected tenants :-

(a)  2[ *     *     *      *       *      * ];

(b)   Any area that is under  4[ *   *   *   *  *  ] tea estate  provided  such 4[  *      *    *   *    *  * ]  tea  estate  was on existance at the commencement of the Act.

(c)  Any area that is part of well-run farm. 

 

1Substituted for words “Board” or  “Special Board” by G.S.R. 29 dated 13th January, 1964.

2Punjab Government notification No.3223-L.R.-II-57/1624, dated the 22nd March, 1958.

3Substituted for “Board” by G.S.R. No. 29, dated 13th January, 1964.

4Omitted by  Punjab Government notification No. 584-A.R.I.  (II)-=60/1557, dated the 4th May,            1960.

 

(2) To decide if a  farm is well-run, the 1[Committee ] shall assign it marks in the manner explained in Rule11, and classify it as follows ;-

Class A.  --  If it is awarded 80 percent or more  marks.

Class B    --  If it is awarded 60 to 80  percent  marks.

Class C    --  If it is awarded less than 60 percent marks.

 

(3)             (a)  A class ‘A’ farm shall be deemed to be a well-run farm.

(b)  Fifty  percent of the area under a farm of class ‘B’  shall be left with the owner , according to his choice, and the rest declared as available of resettlement of   tenants, ejected  or liable to ejectment.

(c)  The  entire area under a farm of class ‘C’  shall be declared as available for the resettlement of such tenants.

 

2[ (4) *      *         *           *].

 

11.      Assignment of marks to farms for the purpose of classification –(1) The maximum marks to be awarded  to a farm, for the  purposes of classification, shall be 1,000.

 (2) The features for which  marks are awardable    are those given in Schedule A, and marks shall be awarded  for each feature, subject to the maximum marks noted against, each in this Schedule:

Provided that in alloting marks for ‘Yields’ the 1[ Committee ] shall apply the standard yields given in Schedule  B 3[ subject to such suitable adjustments as may be considered necessary on account of natural calamities].

 

4[11-A. Revision of classification of well-run farms – (1) The classification of Class ‘A’ or Class ‘B’  Farms referred to in  1sub-rule (2) of rule 10 shall be liable to be reviewed by the Committee.

(2)             The first review shall be made by the Committee in the months of January and February after the expiry  of at least three years from the date on which exemption to a farm is granted and thereafter periodical review shall be made by the Committee so that a period of not less than three years shall intervene between two consecutive review.

(3)              Every person to whom an exemption is granted under rule 10,shall furnish information to the Collector of the district in which the land is situate, in Form J-I personally or through his recognised agent or by registered post (acknowledgement due).

1Substituted for “Board” by G.S.R. 29, dated 13th January, 1964.

2Omitted ,-vide Punjab Government Notification No. G.S.R. 138, dated 3rd June, 1964.

2Added by Punjab Government  Notification  No. 632 A.R.I.  (II)-61/492, dated 13th February, 1962.

4Rule 11 –A inserted by G.S.R. 38, dated 3rd  June, 1964.

 

(4) In reviewing the exemptions of well-run farms, the Committee shall take into account the information furnished in respect of the farm in Form J-I and shall ,as far as may be, be guided by the same rules as are applicable to the grant of exemptions in respect of areas claimed to be under well-run  farms and marks  shall be awarded by the Committee for the harvest  immediately preceding the first or subsequent reviews, as the case may be.

(5) If, during the course of any review, the Committee  finds that  any area of land included in a farm exempted under rule 10, is inherited by an heir of the landowner and such are of land, with the other lands, if any, already owned by him, does not exceed in the aggregate his permissible area, the Committee shall if such heir so desires exclude such area of land for the purpose of reviewing the exemption relating to the farm from the date of inheritance.

(6) If, as a result  of review, the  whole or any part of the farm, because of having ceased to earn exemption in accordance with the classification given in sub-rule (2) of rule 10, is  declared available by the Committee for resettlement, it may be utilised by, the Circle Revenue Officer in accordance with the procedure laid down in these rules: 

Provided that such declaration shall not be made without giving an opportunity  of being heard to the landowner or the heir, as the case may be.]

 

12.             Appeal from the 1[ Committee’s  decision ]. A landowner aggrieved by a decision of the  2[ Committee ] may, with in 30 days from the date of announcement of its decision, appeal  to the Government , whose  decision shall be final.

 

3[Part – IV

Resettlement  of tenants ejected or liable to ejectment.]

 

13.      Procedure for dispossession of tenants liable to ejectment, under section 9(1) (i). – (1) An application, for the dispossession of a tenant liable to ejectment, under clause  (i) of sub-section (1) of section 9, of the Act shall be made to the Assistant Collector , I Grade, having jurisdiction, by a small landowner  in Form ,K-I and  by a landowner  who is not a small landowner , in Form K-2.

1Substituted for “Boards’ decision” by G.S.R. 29. dated 13th January, 1964.

2Substituted for “special Board” by ibid.

3Substituted by Punjab Government notification No. 4766-A.R.I. (II)-60/2580, dated the 19th August, 1960.

 

 

 (2) On receipt of the application, the Assistant Collector shall summon the tenant and after hearing the parties and  making  such  summary inquiry as he may deem necessary record a finding on the following points :-

(a)    whether the tenant is liable to ejectment, under clause (I) of sub-section (1)  of  section 9 of the Act;

(b)   the area from which he is to be ejected ; and

(c)   the amount of compensation, if any, due to the tenant  for standing crops;

 

and shall, where necessary , forward  the case to the Circle Revenue Officer for resettlement or where resettlement is not necessary ,dispossess the tenant.

 

Note -  Proceeding  before the Assistant Collector should be conducted  in the manner provided  in section 14-A (i) read with sub-section (2) of section 10 of the Act.

(3)             The Circle Revenue  Officer shall, on receipt of the case, under sub-rule (2), proceed to record his finding with respect to the matters specified in clauses (c) and (d)  of  rule 17.

 

14.             Application by landowner for resettlement of tenant—The landowner of a tenant who is liable to ejectment, under clause (I) of sub- section (1) of section 9 of the Act, may make an application to the Circle  Revenue Officer for resettlement of his tenant on the surplus area. Such an application shall be made by a small landowner in Form K-3 and by a landowner, who is not a small landowner in For K-4,within two months  of the date of publication of the notification  No. 4766-ARI (II) – 60/2580, dated 19th  August ,1960 in the Official Gazette, or within such extended period ,as may, for  reasons to be recovered in writing , be allowed by the Circle Revenue Officer.

 

15.             Application for resettlement by tenants :- A tenant who  is liable to ejectment under clause (I) of sub-section (1) of section  9 of the Act or against whom an order  of rejectment has been passed  but his dispossession has been stayed  till his resettlement, may make an application  to the Circle Revenue Officer in Form  K-5 , for his resettlement on the  land out of the surplus area. Such an application shall be made within two months of the date of publication of the notification  No. 4766-ARI (II) –60/2580,dated 19th  August 1960, +or within such extended period as may, for reasons to be recorded in writing , be allowed by the Circle Revenue Officer.

 

16.             Suo motu  proceeding for  resettlement by Circle Revenue Officer – Notwithstanding anything contained in rules 13,14 and 15, proceedings for resettlement on  surplus area of any tenant who is liable to be ejected  under sub-clause (I) of sub-section (1)  of section 9 may   be initiated suo motu by the Circle Revenue Officer.

 

17.             Procedure to be observed by Circle Revenue Officer;- When an application is made under, rule 14 or rule 15 or  when the Circle Revenue Officer suo motu starts proceedings  under  rule 16, he shall after hearing the parties concerned  and after making such enquiries  as  he may think necessary, record  a finding  on the following points :-

(a)    Whether the landowner is desirous of ejecting his tenants ;

(b)   whether the tenancy is liable to be terminated under clause (i)  of sub section (1) of section 9 of the Act.

(c)   the extent of area required for resettlement under rule 18; and

(d)   the  estate or estates for which the tenant indicates his preference for resettlement in case no surplus area is available for resettlement in the estate from which the landowner seeks his ejectment.

 

18.             Procedure for allotment –(1) After the procedure prescribed in sub-rule (3) of the rule 13 or rule 17, as the case may be, has been followed the Circle Revenue Officer, shall prepare a list of tenants in which the names of tenants of an estate shall be arranged in the same order as  the extent of area required for their  resettlement with the smallest claimant coming on the top. Where more than tenant  have equal claim, their  names shall be arranged in alphabetical order in the English language. 

Illustration – A is to be allotted four standard acres, B three standard acres, C two standard acres and H,G,F,E and D each five  standard acres,. Their names shall be arranged as under :-

 

C B A D E F G H

(2) The Circle Revenue Officer shall also prepare a list of the surplus  area available in  an estate mentioning therein the   field numbers of the surplus area in numerical order, such as 1,5,10,30,60.

(3)  After the lists under the preceding sub-rule have been prepared for an estate, the Circle Revenue  Officer shall proceed to allot the surplus  area to the tenants in the order of priority shown in the list prepared under sub-rule (1)and   in accordance  with the scale given in Schedule ‘C’ annexed to these rules.

 

 

19.      Allotment of land to overflow tenants-   (1) Where due to insufficiency  of surplus are in  any estate ,any tenant  cannot be allotted land in the estate, from which he is  to be ejected, the Circle Revenue Officer may, having due regard to the preferences of the tenant  indicated under rule 17 (d),allot him a land in  any state in which surplus area is available .In making such allotment, the Circle Revenue Officer shall endeavour to  allot him land as near to his estate as may be possible.

 

Explanation :-  Allotment of land to such tenants shall be made –

(i)               in the Patwar Circle ;

(ii)              in the Quanungo cirle, if no land is available in the patwar circle;

(iii)            in the tehsil,if no land is available in the  Quanungo circle;

(iv)            in the district if not land is available in the  Tehsil ;

(v)             in some other district, if no land is available in the district, in which the estate from which the tenant is liable to be ejected is situate.

(2)             When more than one tenants are eligible for resettlement in an estate, other than the estate from which they are to be ejected ,the principles mentioned in rule 18 shall, as far as may be, apply in making allotments to them.

 

20.             Priority for resettlement of certain tenants –Not with standing anything contained in these rules, the tenants who are liable to be ejected under clause (i) of sub-section (1) of section 9 of the Act and who are retired or discharged members of the Armed  forces of the Union shall be given priority over every other class of tenants in the matter of resettlement on surplus area.

 

20-A  Issue of certificates – Every tenant shall be given a certificate in Form K-6 describing clearly the land allotted to him. A copy each of the certificate shall be sent to the Patwari concerned as well as the landowner on whose land the tenant is to be resettled, and another copy shall be retained on the file for record.

 

20-B    Delivery of possession [(1) After orders of allotment of any surplus area have been passed the Circle Revenue Officer, shall move the Collector for passing necessary orders directing the landowner or the ;tenant, as the case may be, to deliver possession of the land in his surplus area to the Circle Revenue Officer, who shall be deemed to be an officer empowered by the Government under section 19-C for the purpose of delivery of possession]

 

 

1(2)  Every tenant resettled on the surplus area shall be bound to take possession of the land allotted to him within a period of two months of the date on which demarcation of the land is made at site in his presence or within such extended period, as may , for reasons to be recorded in writing, be allowed by the Circle Revenue Officer, The possession of the land shall be delivered to the tenant by the Circle Revenue Officer himself.

2(3) The possession of the land on which a tenant is resettled shall ordinarily be given after the crops are cut. If, however, the Circle Revenue Officer deems it necessary to deliver possession of the land to any tenant before the crops are cut a statement showing the crops and the area under the same shall be prepared by the Patwari before the possession is taken by the tenant. A copy of the statement shall be furnished to the landowner as well as to the tenant.

 

20-C.   Condition of resettlement- The tenant, who is resettled under  this part-

(a)   shall be the tenant of the landowner in whose name the land in question stands in the revenue records.

(b)   shall be liable to pay the same amount of rent as is customary in that estate for such lands subject to the maximum fixed under section12 of the Act and

(c)   shall in respect of the land upon which he is resettled execute  a Qabuliyat or a Patta as given in Annexure ‘C” appended to the Punjab Security of Land Tenures Rules, 1953, in favour of the landowner before he is put in possession of the land.

 

20-D.     Consequences of not taking possession- In case, a tenant does not take possession of the surplus area  allotted to him, for resettlement within the period specified in sub-rule (1) of rule 20-B, the allotment shall be liable to be cancelled and the area allotted to such tenant may be utilized for resettlement of another tenant.

 

1Added  by Punjab Government notification No. 549-A.R.I.  (II) –61/689, dated the 10th March, 1961.

2Re-numbered by Punjab Government notification No. 549-A.R.I.(II)-61/689, dated the 10th March, 1961.

 

 

1[Part – V

Miscellaneous ]

 

21.              Relatives who shall not be entitled to the benefit of section 9-A of the Act. -- The following classes of relatives of a landlord shall not be entitled to the benefit of section 9-A of the Act –

(1)  Father;

(2)  Sons ;

(3)  Brothers and their descendants ;

(4)  Cousins up to the 3rd degree;

(5)  Maternal and paternal uncles and their descendants;

(6)  Nephews up to the 3rd degree.

 

22.             Forms to be used for applications and notices mentioned in section 14-A of the Act- (1) A landowner desiring to eject a tenant, under clause (ii) to (viii) of sub-section (1) of section 9,read with section 14-A (i) of the Act shall, when applying  to the Assistant Collector I Grade having jurisdiction, do so in writing in Form L.

(2) A landowner desiring to recover the arrears of rent from a tenant under section 14_A (ii) of the Act, shall apply to the Assistant Collector II Grade, having  jurisdiction in notice Form M, and the Assistant Collector shall thereupon issue a notice to the tenant in Form. N.

(3)   The notice to be served on the landlord under section 14-A (iii) (b) shall be in Form P.

 

2[23.    Payment of purchase price in installments – (1) A tenant desiring to purchase land under section 18 of the Act shall make an application in Form Q to the Assistant Collector I Grade, having jurisdiction personally or through his recognized  agent.

(2) The payment of compensation, under sub-section (4) or section 18,shall be made either in a lump sum or in six-monthly- equated instal ments,     not exceeding ten, the balance being payable with last instalment.

(3)  The lump sum or the first instalment of purchase price  shall be deposited in Government treasury ,or a sub- treasury or paid to the Assistant  Collector  I Grade, having jurisdiction, within fifteen days of his determining the value of the land and every subsequent instalment within fifteen days of the date on which it becomes  due.]

 

3[24.    Return in respect of lands acquired by a person, subsequently under section 19-B (1) of the Act—(1) every landowner or tenant   required   to    furnish  a return under sub- section (1) of section 19-B of the Act  shall, within a period of three months from the date  [of publication of Revenue Department  “Notification” No. 516-AR-I (ii)-59/572,dated the 9th February,1959,or within a period of three months ,from the date on which ,he acquires the land  by inheritance, bequest or gift  or by, transfer ,exchange ,lease agreement or settlement ,whichever is later ]  furnish  it, in duplicate ,in Form R or Form S, as the case may be to the Collector of the district in which his land is situated personally or be registered post (acknowledgement due ) :

Provided that where the land of any such landowner or tenant is situated in more than one district, the return shall be furnished to the Collector  in whose district the largest area of land   mentioned therein is situated with additional copies there of for the Collector of every other district in which the land of  such landowner or tenants  situated.

(2) The Collector to whom the return in Form R or Form S is furnished shall issue a receipt in the Form prescribed in rule4-A which shall be adopted mutatis mutandis.

(3)  In every case falling under proviso to sub-rule (1), the Collector  receiving the return shall forward two copies there of, to  the Collector  of every  other district in which the land is situated.

(4)  On receipt of Forms R and S from the person concerned the Collector shall get the particulars given therein verified by the Tehsildar/Tehsildars of the Tehsil /Tehsils in which the person owns or holds land in tenancy or in any other capacity  :

Provided that where any land is situated in other district, the verification shall be secured through the Collector of that district.

(5)  If any landowner or tenant referred to in sub-rule (1) fails to furnish to the return and select his land within the prescribed period, then the Collector may have the  information collected ,in Forms D and DD, as the case maybe, through the normal revenue agency. .

 

1Punjab Government notification No. 613-LR-II-57/2, dated the 14th January, 1958.

2Punjab Government notification No. 703-R-A-I-  (II)-59/3347, dated the 30th June, 1959.

3Punjab Government (Revenue Department) notification No. 157-LR-II-58/6053, dated the 2nd  September, 1958.

 

(6)       The provisions of rule 6 shall ,as far as possible ,apply to assess the surplus area of such landowner or  tenant as referred to in sub-rule (1).] 1Punjab Government notification No. 518-A.R.I(II)-59/572, dated the 9th February, 1959.

 

*The notification was published in Punjab Government (Extraordinary), Gazette, dated the 11th February, 1959.

 

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