Declaration of Bhumidhari in favour of proprietors and superior class of tenants, etc., and land revenue

(1) Subject to the provisions of section 10, the Deputy Commissioner shall declare as Bhumidhars persons holding the following lands, namely: (a) Khud Kasht land or a proprietor's grove in the tracts to which the Punjab Tenancy Act, 1887, was applicable or Sir land or Khud Kasht land or a proprietor's grove in the tracts to which the Agra Tenancy Act, 1901, was applicable; (b) land held by occupancy tenants under section 5 of the Punjab Tenancy Act, 1887, with right of transfer by sale; and (c) land held under Patta Dawami or Istamrari by tenants with right of transfer by sale. (2) For the purposes of sub-section (1), the Deputy Commissioner shall take into consideration the entries in the revenue records which shall be presumed to be correct unless the contrary is proved: Provided that where land held as Khud Kasht by a proprietor belonging to any of the categories of persons referred to in sub-section (2) of section 10 has been before the commencement of this Act, let out to another person by or on behalf of such proprietor, the Revenue Assistant, on application made to him in this behalf by or on behalf of such proprietor within six months of the commencement of this Act and after giving an opportunity to the tenant of being heard, shall declare such land to be the proprietor's Khud Kasht for the purposes of this section. (3) While making a declaration under clauses (b) and (c) of sub-section (1), the Deputy Commissioner shall order the occupancy tenant or the Pattadar to deposit in Government Treasury an amount equal to four times the land revenue as ascertained in sub-section (4), for the area of which he is declared as Bhumidhar as compensation thereof. If he fails to deposit the amount within six months of the date of declaration, the same shall be realized as arrear of land revenue. The amount deposited or so realized shall be disbursed to the proprietor under the order of the Revenue Assistant. (4) Every person, who is declared as Bhumidhar under this section, shall, with effect from the commencement of this Act, be liable to pay to the Government for land, held by him as such, on account of land revenue, an amount which shall proportionately correspond to the land revenue payable immediately before the commencement of this Act for the area in respect of which he is declared Bhumidhar, with due regard to the class of soil comprised therein, together with the cesses and local rates.