Vesting of surplus area

(1) Notwithstanding anything to the contrary contained in any law, custom or usage for the time being in force, the surplus area of a landowner or tenant shall, on the date on which possession thereof is taken by or on behalf of the State Government, vest in the State Government free from all encumbrances. (2) The State Government shall, for taking possession of the surplus area, be entitled to use such force as may be necessary. (3) After the vesting of the surplus area in the State Government, the landowner or the tenant, as the case may be, shall not be entitled to receive any rent in respect of the surplus area, and any person in possession of such area shall be liable to pay to the State Government for the period he is in possession of such area, such amount as would have been payable as rent had such area not vested in the State Government. (4) The State Government shall not be liable to pay any tax or cess or any other due in respect of the surplus area for the period from the date of vesting till the date of taking possession thereof. (5) If any person is in possession of the surplus area on the date of its vesting in the State Government, he shall, unless he is evicted therefrom in accordance with the provisions of this Act or any other law, be deemed to be a tenant under the State Government on such terms and conditions as may be prescribed. (6) The provisions of sub-section (4) of section 7 shall apply mutatis mutandis to the surplus area vested in the State Government. (7) If the surplus area of a landowner or a tenant includes any building or structure, the State Government shall, except where the building or structure is necessary for the purpose of the surplus area, leave the same with the landowner or the tenant, as the case may be, along with such area as may be necessary for the enjoyment thereof. (8) (a) In this section, "land" means the land as defined in the Punjab Tenants (Security of Tenures) Act, 1953 and the Pepsu Tenancy and Agricultural Lands Act, 1955, and includes the land as defined in the Punjab Land Reforms Act, 1972 (hereinafter referred to as the Act).