1THE PUNJAB SECURITY OF LAND TENURES ACT,1953

                      

Punjab Act No. 10 of 1953

                      

Contents

 

SN

       Subject

1.       

Short title, extent and commencement

2.       

Definition

3.       

Reservation of land by small land-owners

4.       

Direction for landowner

5.       

Reservation of Land

   5A

Declarations supported by affidavits to be furnished by certain land-owners and tenants

5B

Selection of permissible area and consequence of failure to select

5C

Penalty for failure to furnish declaration

6.       

Certain previous transfers if land not to affect rights of tenants

7.       

****

8.       

Continuity of  tenancies

9.       

Liability of tenant to be rejected

10.    

Restoration of tenant ejected after the 15th of  August, 1947

11.    

Tenant’s right to water

12.    

Amount of  maximum rent

13.    

Assessment of charges for service or facilities provided by the land-owner

14.    

Duty of land owner to furnish receipt for rent from tenant

15.    

******

16.    

Saving of tenancies from effect of mala fide transfer

17.    

Right of certain tenants to pre-empt sale etc. of land

17A

Certain sales of  tenancy land not preemptible

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 and tenants

19A

Bar of future acquisition of land in excess of permissible area

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 land

19DD

Exemption of lands granted for gallantry before 26th January, 1950

19E

Land owned by Hindu undivided family to be deemed land of one land-owner

20.    

Restrictions on tenants

21.    

Saving of tenants and lessees under Government

21A

Power to remove difficulties by modifications 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 land-owners in joint lands

25.    

Exclusion of courts and authorities

26.    

Indemnity  

27.    

Notification by Govt.

28.    

Repeal and savings

 

 

 

1THE PUNJAB SECURITY OF LAND TENURES ACT,1953

                      

Punjab Act No. 10 of 1953

 

[ Received the assent of the president on the 15th April ,1953 and was published in the Punjab Government Gazette ( Extraordinary ) of the 15th, April, 1953]

                           

 

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Year

 

No.

Short title

Whether affected by legislation

1953

19

The Punjab Security of  Land Tenures Act, 1953

 

 

 

 

 

 

 

 

 

Amended by-

Punjab Act 57 of 19532

Punjab Act 11 of 19553

Punjab Act No. 46 of 19574

Punjab Act No. 4 of 19595

Punjab Act No. 32 of 19596

Punjab Act No. 14 of 19627

Punjab Act No. 12 of 19688

Punjab Act No. 28 of 19699

Adaptation of Punjab Order, 1970

Punjab Act 10 of 197310

 

 

                  

1For statement of objects and Reasons, see Punjab Government Gazette (Extraordinary), 1952, page 1379,for proceedings in Assembly, see Punjab Legislative Assembly Debates,1953.    

 

2For statement of objects and Reasons, see Punjab Government Gazette (Extraordinary), 1953, page 1571, for proceedings in Assembly, see Punjab Legislative Assembly Debates, 1953.

 

3For statement of objects and  Reasons, see Punjab Government Gazette ( Extraordinary), 1955,page 243-44,foe proceedings in Assembly, see Punjab Legislative Assembly Debates 1955.

 

4For statement of objects and  Reasons, see Punjab Government Gazette (Extraordinary), 1957,page 1679, for proceedings in the Assembly, see Punjab Legislative Assembly Debates,1957.

 

5For statement of objects and Reasons, see Punjab Government Gazette (Extraordinary), 1958, pages 1542-44, for proceedings in the Assembly, see Punjab Legislative Assembly Debates,1958.

 

6For statement of objects and Reasons, see Punjab Government Gazette (Extraordinary),1959,pages 1009-1010: for proceedings in the Assembly, see Punjab legislative Assembly Debates,1959. 

 

7for statement of objects and Reasons, see Punjab Government Gazette (Extraordinary),1962,pages 646-647.

 

8For statement of objects and Reasons, see Punjab Government Gazette (Extraordinary), 1967,page 443.

 

9For statement of objects and Reasons, see Punjab Government Gazette (Extraordinary), 1969,page 1128.

 

10For statement of objects and Reasons, see Punjab Government Gazette (Extraordinary), 1972,page 1471

                                                     

 

                

 

An Act to provide the Security  of land tenure and other incidental matters

 

It is hereby enacted as follows ;-

 

 

1.                                                               Short title, extent and commencement - (1) This Act may be called the Punjab Security of Land Tenures Act, 1953.

 

 

Section 28 of the Punjab Land Reforms Act, 1972 is reproduced as under:-

 

           “28  (1) The  Punjab Security of Land Tenures Act, 1953 and  The Pepsu Tenancy and  Agricultural Lands Act,1955, in so far as these are inconsistent with the provisions of this Act, are hereby repealed.

 

                 (2) The repeal of the enactments  mentioned in sub-section (1) hereinafter referred to as the said enactments  , shall not affect –

 

(i)                                        The proceedings for the determination of the surplus  area pending immediately before the commencement  of this Act under either of the said enactments  which shall be 3 continued and disposed of as if this Act had not been passed and the surplus area so determined shall vest in, and he utilised  by the State Government in accordance with the provisions of this Act :

 

         Provided that such proceedings shall as for as may be, be continued and disposed of from the stage these were immediately before the commencement of this Act, in  accordance with the procedure specified by or under this Act* [ and the case pending  before the Pepsu Land Commission immediately before the date of commencement  of this Act shall stand transferred to the Collector of the district concerned for disposal : ]

 

       Provided further that nothing in this section shall effect the determination and utilisation of the surplus area other than the surplus area referred to the above in accordance with the provisions of this Act.

 

(ii)                                      The previous operation of the said enactments or anything duly done or suffered thereunder.

 

(iii)                                     Any right , privilege obligation or  liability acquired , accrued  or incurred under the said enactments ,in so far as such right, privilege, obligation or liability is not inconsistent with the provisions of this Act and any proceeding or remedy in respect of such right. privilege obligation or  liability may be instituted continued  enforced as if this Act had not been passed:

 

Provided that such proceeding or remedy shall, as far as may be, be instituted, continued or enforced in accordance with the procedure specified by or under this Act”.

 

*Added by Punjab Act 40 of 1973..

 

 

 

(2)     It shall come in to force at once.

(3)     It shall extend to the whole of the the State of Punjab .

1[(4) Save as elsewhere expressly provided in this Act nothing contained there in shall apply to co-operative garden colonies which were registered before the coming into  force of this  Act]

 

2.                                                               Definition - In this Act ,unless the context otherwise requires :-

(1)               “Landowner” means a person defined as such in the Punjab Land Revenue Act, 1887 (Act XVII of 1887),and shall include an “allottee” and “lessee” as defined in clauses(b) and (c), respectively, of section 2 of the East Punjab Displaced Persons (Land Resettlement )Act, 1949 (Act XXXVI of 1949 ),hereinafter referred to as the “ Resettlement Act”.

 

Explanation – In respect of land mortgaged with possession, the mortgagee shall be deemed to be the landowner.

 

(2)               “Small landowner” means a landowner whose entire land in the State of Punjab does not exceed the “permissible are”;

   Explanation,-  In computing the area held by any particular Landowner, the entire land       owned by him in the State of Punjab, as entered in the record-of-rights, shall be taken into account, if he is a joint owner only his share be taken into  account.

 

(3)               “Permissible area” in relation to a landowner or a tenant means thirty standard acres and where such thirty standard acres on being converted  into ordinary acres exceeds sixty acres, such sixty acres:

 

1Subsitituted by Punjab Act 11 of 1955.

 

Provided that –

(i)  no area under an orchard at the commencement of this  Act, shall be taken into account in computing the permissible   area ;

 

(ii)  for a displaced person –

 

(a)              who has been allotted land in excess of fifty standard acres, the permissible area shall be fifty standard acres or one hundred ordinary acres, as the case maybe,

 

(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 purpose of determining the permissible are of a displaced person, the provisions of proviso (ii) shall not  apply to the heirs and successors  of the displaced persons to whom land is allotted.]

 

(4)               “Reserved area” means the area lawfully reserved under the 2“Punjab Tenants ( Security of Tenures),Act,1950 (Act XXII of1950), as amended by President’s  Act of 1951, hereinafter referred to as the “1950 Act “ or under this Act.

 

1Added by Punjab Act No. 14 of 1962 and shall be deemed to have come into force on the 15th April,1953,-vide section 1 (2) of the Act ibid.

2Repealed by section 28 of this Act.

 

(5)               “Standard acre” means a measure of area convertible into ordinary acres of any class of land according to the prescribed scale with reference to the quantity of yield and quality of soil.

 

1[(5-a) “Surplus Area” means the are other than the reserved area, and, where, no area has been reserved ,the area in excess of the permissible area selected 2[ under section 5-B or the area which is deemed to be surplus area under sub-section (1) of section 5_C) 3[ and includes the area in excess of the permissible area selected under section29-B]; but it will not include a tenants permissible area:

Provided that it will include the reserved area, or part thereof, where such area or part has not been brought, under self-cultivation within six months  of reserving the same or getting possession thereof after ejecting a tenant from it ,whichever is later, or if the landowner admits a new tenant ,within three years of the expiry of the said six months. ]

 

(6)               “Tenant” has the meaning assigned to it in the Punjab Tenancy Act, 1887 (Act XVI of 1887) and includes a sub-tenant, and self cultivating lessee, but shall not include a present holder as defined in section 2 of the Resettlement Act.

 

(7)               “Year” means agricultural year, as defined in section 4 of the Punjab Tenancy Act, 1887 (Act XVI of 1887).

 

(8)               Land” and all other terms used but not defined in this Act, shall have the same meaning as are assigned to them in the Punjab Tenancy Act, 1887(XVI of 1887).

 

1New clause (5-a) added by Punjab Act 11 of 1965

2Subsitituted for the words “as prescribed by Punjab Act No. 46 of 1957,section 2

3Inserted by Punjab Act No. 14 of 1962 and shall be deemed to have come into force on the 30th July,1958,-vide section 1 (2) of Act ibid.  Clause  (5-a) shall be deemed to have been inserted with effect from the 15th April,1958,-vide section 10 of Act ibid.

 

1[(9) “Self- cultivation” means cultivation by a landowner either personally or through his wife or children, or through such of his relations as may be prescribed, or under his supervision.}  

 

(10) “Prescribe” means prescribed by rules made under this Act.

 

(11) “Displaced Person” has the meaning assigned to it in the East Punjab Displaced Persons (Land Resettlement )Act, 1949 (Act XXXVI of 1949).

 

3.                                                                Reservation of land by small land-owners - Any small  landowner, who by virtue of an allotment  made 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 State of Punjab, 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.

 

4.                                                               Any landowner, who has made a lawful 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 XXXI of 1950) shall be  entitled to make a fresh reservation before the expiry of six  months  from the date of his obtaining 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, as has not passed out of his possession as a result of the said revision or modification of allotment.

 

5.         Reservation of Land - (1)  Any reservation before the commencement 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 the State  of Punjab as landowner, any parcel or parcels not exceeding the permissible area by intimating his selection 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:

Provided that in making this reservation he shall include his areas owned in the following order –

(a)         area held in a Co-operative  Garden Colony.

(b)         area under self- cultivation at the commencement  of this Act other than the reserved  area;

(c)         reserved area excluding the area under a jhundimar tenant   or a tenant who has been in continuous occupation for 20 years or more immediately before such reservation .

(d)         area or share  in a Co-operative Farming Society,

(e)         any other area owned by him,.

(f)          area under a jhundimar tenant.

 

(2)               Where in respect of any land more than one person can be classed as landowners, as in the case of persons one of whom is a landowner in principal and the other in derivative capacity, the aforesaid right of reservation shall be exercised by the landowner who  receives or is entitled to receive rent directly from the tenant in actual cultivation  of the land.

 

(3)       A landowner shall be entitled to intimate a reservation within six months from the date of commencement of this Act, and no reservation so intimated shall be varied   subsequently whether by act of parties or by  operation of law, save with the consent in writing of the tenant affected by such variation or until such time as the right to eject such tenant otherwise accrues under the provisions of this Act.

1(4)         *               *                *

1(5)         *               *                *           

 

2[5-A. Declarations supported by affidavits to be furnished by certain land-owners and tenants- Every landowner or tenant, who owns or holds land in excess of the permissible area and where land is situated in more than one Patwar Circle, shall furnish, within a period of six months from the commencement of the Punjab Security of Land Tenures ( Amendment) Act,1957, a declaration supported by an affidavit, in respect of the lands owned or held by him in such form and manner and to such authority as may be prescribed.

 

25-B. Selection of permissible area and consequence of failure to select - (1) A land owner who has not exercised his right of reservation to the prescribed authority within the period specified in section 5-A and in such form and manner as may be prescribed.

 

       Provided that a landowner who is required to furnish a declaration under section 5A shall intimate his selection along with that declaration.

(2)       If a 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;

 

1Clsauses (4  and 5) omitted by Punjab Act 57 of 1953

2Section 5A, 5B and 5C inserted by Punjab Act No. 46 of 1957, section 3.

See foot-not on page 323.

 

Provided that the prescribed authority shall not make the selection without giving the land owner concerned an opportunity of being heard.

 

1 5-C   Penality for failure to furnish declaration - (1) If a land owner or tenant fails to furnish the declaration supported by an affidavit as required by section 5-A, the prescribed authority not below the rank 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 land owner or tenant and shall be utilised by the State Government for the purpose mentioned in section 10-A:

Provided that no such order shall be made without giving the land -owner or tenant concerned an opportunity of being heard.

(2) Where a land owner or tenant who is required to furnish 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 declaration through such agency as it may deem fit].

 

1Section 11 of Punjab Act no. 14 of 1962,reads as follows:-

“Validation. 11. Notwithstanding anything contained in this Act of the rules made thereunder or in any other law for the time being in force or in any judgment, decree or order of any court of 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 determine under that Act at any time  before the commencement of this Act by any authority competent to determine such area, whether by ignoring the partition of any such land made after 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 land-owners constituting with him the Hindu undivided Family were land-owners in their own right in respect of their shares in such land or on the ground that the partition had been ignored;

 

(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 power of a Collector purporting to act as the prescribed authority, such order shall be valid and shall be deemed always to have been valid and shall not be questioned on the ground that it was not passed by the prescribed authority.”  

 

1[6.      Certain previous transfers if land not to affect rights of tenants - No transfer of land , except a bona fide sale or mortgage with possession or a transfer resulting from 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]

 

2 [7              *                               *                                      *

 

3[8.  Continuity of  tenancies - the continuity of a tenancy shall not be affected by-

(a)              the death of the landlord, or

(b)              the death of the tenant except when the tenant leaves no male lineal decendants or  mother or widow, and 

(c)              any change therein under the same land-owner and for the purpose of sections 17 and 18 of this Act, such  tenancy shall be the last area so held]

 

9.                                                               Liability of tenant to be rejected- 4[(1) Notwithstanding anything contained in any other law for the time being in force no land owner shall be competent to eject a tenant except when such tenant-

(i)     is  a tenant on the area reserved  under this Act or is a tenant of a small landowner[or]5

(ii)       fail to pay rent regularly without sufficient cause [or]2

 

1Substituted by Punjab Act No. 14 of 1962, section 3.

2sectioin 7 omitted by Punjab Act 11 of 1955.

3Section 8 substituted by ibid.

4Substituted for sub-section (1) and (2) of section 9 by Punjab Act No.11 of 1955 ibid and existinig sub-section (3) renumbered as sub-section (2).

5Added by Punjab Act No. 32 of 1959,section 2.

 

(iii)       is in arrears of rent at the commencement of this Act [or]1

(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]1

 (v)      has used, 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] has sublet the tenancy or a part thereof; provided that where only a part of the tenancy has been sublet ,the tenant shall be liable to be ejected only from such part[or]1

(vi)      has sublet the tenancy or a part thereof; provided that where only a part of the tenancy has been sublet, the tenant shall be liable to ejected only from such part  [or]1

(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 land-owner. 

 

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 or decree or order , directing him to pay such arrears   of rent.]

(2)                                     Notwithstanding anything contained herein before 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 landowner concerned is in excess of the area from which he can be ejected by the said land owner:

 

1Added by Punjab Act 32 of 1959,section 2.

 

Provided further that if the tenant holds land of several land owners and more than one land owner seeks his ejectment, shall be exercised in the order in which the applications have been made or suits have been filed by the landowners concerned and incase of simultaneous applications or suits the priority foe ejectment shall commence serially from the smallest land owner.

Explanation  -- Where a tenant holds land jointly with other tenants only his share in the joint tenancy shall be taken into account in computing  the area held by him.  

 

1[9-A  No tenant  liable to ejectment under clause (I) o f sub-section (1)  of the section next preceding shall be dispossessed of his tenancy unless he is accommodated ona surplus area in accordance with the provisions of section 10-A  or otherwise on some other land by the State Government.

 

Provided that if the tenant concerned is the tenant of a small land-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 surplus 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 to his landlord in the manner prescribed ,he shall not be entitled  to the benefit of this section :

 

2[Provided further that the tenant of.  a land-owner who is a member of the Armed Forces of the  Union shall also not be entitled to the benefit of this section .]

1New section 9-A added by Punjab Act 11 of 1955.

2added by Punjab Act  No. 28 of 1969,section 2.

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